HomeMy WebLinkAboutContract 60045CSC No. 60045
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Sam's Club
("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in
the order of precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A — Seller's Quote, Scope of Services or Purchase Order;
3. Exhibit B — Cooperative Agency Contract PACE P00246; and
4. Exhibit C — Conflict of Interest Questionnaire
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in
Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto.
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with
the provisions of this Agreement. Total payment made under this Agreement for the first year by City
shall not exceed One Hundred Thousand Dollars ($100,000.00). Vendor shall not provide any
additional items or services or bill for expenses incurred for City not specified by this Agreement unless
City requests and approves in writing the additional costs for such services. City shall not be liable for
any additional expenses of Vendor not specified by this Agreement unless City first approves such
expenses in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager below ("Effective Date") and ending on December 31, 2023 in line with cooperative contract.
Upon the expiration of this Term, the Agreement shall renew automatically under the same terms and
conditions for up to five (5) one-year renewal periods, unless City or Contractor provides the other
party with notice of non -renewal at least 60 days before the expiration of the Initial Term or renewal
period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days
after providing written notification to the Contractor.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under
this Agreement, or the final conclusion of any audit commenced during the said three years, have
access to and the right to examine at reasonable times any directly pertinent books, documents, papers
and records, including, but not limited to, all electronic records, of Vendor involving transactions relating
to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
To CITY:
To VENDOR:
City of Fort Worth Sam's Club
Attn: Jo Ann Gunn, Chief Procurement Officer Sheila Omumu, Senior Manager Territory Sales
200 Texas Street
Fort Worth, TX 76102-6314 Address:
Facsimile: (817) 392-8440 1400 E. Jackson McAllen, TX 78501
With copy to Fort Worth City Attorney's Office at Facsimile: 956-618-5252
same address
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
By: Jo Gun Sep , 2023 11:58 CDT)
1 Name: Jo Ann Gunn
Title: Chief Procurement Officer
Date: Sep 1, 2023
APPROVAL RECOMMENDED:
By: Jo Gun Sep 1, 202311:58 CDT)
Name:
Jo Ann Gunn
Title:
Chief Procurement Officer
ATTEST:
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By:
Name:
Jannette Goodall
Title:
City Secretary
VENDOR:
Sam's Club
.Itl/m
By: n/a (Aug 30, 2023 09:28 CDT)
Name: Sheila Omumu
Title: Senior Manager Territory Sales
Date: Aug 30, 2023
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.
Tatii�;- Deair
By: Taylor [an (Aug 30, 2023 09:38 CDT)
Name: Taylor Dean
Title: Purchasing Supervisor
APPROVED AS TO FORM AND LEGALITY:
uJ�
By:
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A
PACE PURCI IASING COOPERATIVE
1314 Flincs Avcnuc
San Antonio. TX 78208
Campany�� i+ �
Proposal No P011346
Proposal On: Retail Supplics and Equipment
proposal Opcnmg:. 2:00 n, n.. Nottmtxr a. 2a11
Page-11-of-a pages
16.0
Proposal
Timlasisn[tlse pdcu-offsari.by-ibeScado mugt_bc_a--!Disco+tnt_fivttt Cnfalo witb.txmatn to_ix_
applied to all items in the vendor's published product and service listing or catalog. Discounts may be
proposed for clauses of products, list each product category and rate if needed.
PRICING:
Catalog Discount Pricing rate(s):
Describe the basis price from which the discount will be deducted (MSRP, Catalog price, Website price, price
list etc...):
Careaary
Apparel & Clothing
Food
Electronic & Office
Toys
Instructional supplies
Outdoor Equipment
Automotive
All Other Supplies and Equipment
Discount Offered or Rare
ME
O
I V
Provider shall provide a price in the format of a rebate percentage discount off net sales. Provider may submit
discounts for various manufacturers. At the time of purchase, Prouder may offer deeper discounts beyond the
discounted price list, based on volume or other factors, as applicable. ,Minimum discounts will remain firm
during the entirety of the initial tern of the Contract, unless the Provider requests to increase its discount
percentage, and will include all charges that may be incurred in fulfilling rcquircment(s). It is required that a
verifiable pricing formula or gu=nlecd discount matrix be included with response. In addition to dccrcasing
prices for the balance of the Contract term due to a change in market conditions, a Provider may conduct sales
promotions involving price reductions Cot a specified lesser period. In the event a product is discontinued.
Provider will provide a product of the same or greater functionality, utilizing the proposed discount structure.
Price discounts will be evaluated by applying the Supplier's discount to the prices listed on the verifiable
price index.
Exhibit B
�PAiCE 1314 Hines Avenue
San Antonio, TX 78208
PURCHASING COOPERATIVE
December 16, 2021
Sam's Club
Attn: Carlos Garcia
1400 E. Jackson Ave
McAllen, TX 78503
Dear Carlos Garcia:
Ph: 210.370.5204
Fx: 877.418.6544
The PACE Purchasing Cooperative is pleased to announce that Sam's Club has been awarded for the
items or services listed below:
Bid Vendor
P00246 Retail Suppliers Sam's Club
This contract is effective 1/1/2022 and will expire on 12/31/2023 (with renewal options).
We expect PACE and Sam's Club to build a strong relationship to assist in increasing the efficiency of our
PACE cooperative members. Please feel free to contact me so that we can work together with your staff
to insure that they can support the contract and the cooperative membership.
Sincerely,
Jim Metzger
PACE, Purchasing Coordinator
SEALED PROPOSAL
PACE Purchasing Cooporative
1314 Hines Avenue September 30. 2021
San Antonio, Texas 78M
Telephone: 1210137"204
YOAN,n9Lt5G M11
-PAOCE
Please quote the following not later than 2.:00 p.m., November4, 2021
SEALED PROPDSAL
to be marked No. P=4
f
Company: Proposal On:
Rotall Supplies and Equipment
Page-I—of—U
PRICE - F.O.B. - Destination
PACE Purchasing Cooperative will accept prop outs for the purchase of Retail Supplies and Equipment Proposal q
P0029l1, as per the attached specifications, temu and ronditions. Proposals will be accepted by PACE Purchasing
Cooperative until 2:00 p.m. local time, THURSDAY. November 4, 2021 at which time they will be operted and tabulated
for approval.
Fated proposals will not be considered. By submitting a proposal, vtrnlor centtics to the best or hislher knowledge that
all information is true and correct. All proposats must be sealed and received prior to scheduled opening time at the
address listed In the box below. Proposals must be plainly marked on outside orcnvciopc..
Mr. Jim Metzger, Purchasing Coordinator SEALED Proposal 0PX2§$
Business and Hunun Resource Smices Retail Sttpplles and Equipment
Education Scmice Center, Region 20
1314 Nines Avenue
San Antonio, Ta 78203 Proposal Opening: 2.00 p.m., KOVEMBER 4, 2021
Proposals must be submitted on the Corms provided or proposal may be rcjes:ted. Only proposals received by the date and
time speclned will be comIdued. Vendors arc invited to be present at the opening of the proposals to be held a PACE
PURCHASING COOPERATIVE, Conrerence Center Buliding, 1314 Hines Avenue, an the above date. PRICE
OUAL1TY. AND SUITARII.IY: It is not the policy of PACE Purchasing Cooperative to purchase on the basis orlow
price alone, quality and suitability to purpose are taken into consideration. Quote lovszst possible net price after all trade
discounts have been deducted. Tema discount. if ariv. must be indicated an Signature. Deviation or Comullance
r.wrriva m renruy nurnn r rnrrrrN1jr Ana Twin ue cvnsiuereu in awarums pis,
Vendors who do not quote rue requested to submit is "no bid on proposal" form to PACE Purchasing Cooperatnc,
Purchasing Department, if they wish to receive future proposals. Failure to do so may result in their being deleted from our
vendor list. Proposals marked "subject to price change" or "price in ciTect an date ofdelivery" will not be considered.
Pnctng'discounts must be guaranteed from await date through DECEMBER 31. 2D22.
PACE PURCIIASING COOPERATIVE Proposal No.: P0024h
1314 Flores Avenue Proposal On: Retail Supplies and Equipment
San Aatona7. T\ MOR Propml Opening• _7.00 n m.. Navemb" 4. 20U
Page of J_1 Pages
Cotapaey
TABLE OF CONTENTS
Scopeof Services.................................................................................................................................................3
SpecialConditions for Proposal ......... .......... ........................................... .......................................................3.4
GeneralTerms for All Proposals .................... ............. ................................................. ».. ............ ...............
4-1
Preparationof Proposallnformation.................................................................................................................
8
Contact...............................................................................................................................................................
9
Refavrnccs...................................................................._..............................»....................................................
9
Delivery............................ _........................................... ...................................................................................
10
Warranty............ ...................................... »...................»...................................................................................
10
Q=tity Information » ....................................... ».......... ....... ....................... .......................... ........................
t0
Proposal Rejection, Withdrawal, Late or Modification ..................... 10
Clarification or Objection to Specifications ............... »....... .................................................................... .......
I I
Evaluation and Aµwd................................................ ..»»... _.............................................. ...... »»....................
I 1
Payment......................... »..................................... ........ ..... ........................... ........... _.....................................
12
Acknowledgementof Addenda .............. ................... ........ .......................... .................................................
12
MemberDistricts.......................................................................................................
13
ProposalPages .. ... ......... ........ ......... »............................ »....»........... »............ ......................... ...............
IS-17
Contract.................................................................................................................18-21
ResidentCcrtification.... »...... »................ ................. ......... »........................ ..................... .......... ...............
.... 22
UnfairBusiness Practices ............................................... ».................................................................................
22
Deviation/Compliance & Signature & Felony notification.......................................................
23
PACE PURCHASING COOPERATIVE
t314 Ilines Avenue
San Antonio. TX 78208
Company
1.0 SCOPE OF SERVICES
Proposal No.: 1`0024h
Proposal On: Retail Supplies and Equipment
Proposal Opening: 2:O9n.rn.. November 4. 202l
Page - of �J—I pages
This proposal is intended to be used to provide PACE Purchasing Coopctative and participating cooperative
entity members with their requirements for Retail Supplies and Equipment from January 1. 2022 through
December 31. 2023 with four renewal options, in accordance with specifications and conditions embodied in this
proposal. It is the expectation that this contract will not be a multiple awarded.
This contract will be effective for one period with four renewal options (periods listed below), at PACE
PURCHASING COOPERATIVES option and with the acceptance of the awarded vendor(s),
First Term - January 1, 2022 through December 31, 2023
Second Term - January I, 2024 through December 31. 2025
Third Tenn January I, 2026 through December 31, 2026
Fourth Term - lanuary I, 2027 through December 31. 2027
Fiflh Term - January I, 2028 through December 31. 2028
2.0 SPECIAL CONDITIONS
a) When requested aflcr award, vendor must provide training. Vendor must indicate when on additional
charge will be trade training. In the absence of any entry, vendor assures PACE these scryices will be
provided at no charge.
b) Supplies quoted must be new with original manufrt arer warranty and packaging. Individual packaging
shall be labeled showing the name of the manufacturer, brand name. name of product. quantity of
contents & complete directions for use. labels & labeling shall conform to all federal regulatory
requ'ttemcnts for goods in interstate commerce and containers shall meet DOT requirements. Shipping
packagingleascs shall be marked to show name of supplier, name & address of receiving agency and
agency purchase order number, and must be delivered with material safety data sheets where required.
c) Renewal of contracts will be In accordance with Local Govctttrncnt Code 271.903 concerning non -
appropriation of fbnds for multiple year contracts. The right is reserved to rescind the contract at the end
of each fiscal year if it Is determined that there am insufficient funds to extend the contract.
d) Award information will be fbmished to all members. Contracts for purchasc will be put into effect by
means of purchase orders prepared by participating districts after this proposal has been awarded. All
orders, deliveries, billings, and payments will be made with each member directly. For the
avoidance of doubt, Provider's privity of contract with respect to the purchase and sale of equipment Is
with each individual member and not with PACE; Provider has no privity of contract with PACE for the
purchase and sale of equipment and PACE will in no event be deemed a third party beneficiary of the
pw�it s wW m1w wnu"w uu«mu saw lrc,wcuu riuriuur aim coin u�u�uiet.
c) PACE PURCHASING COOPERATIVE members will not be responsible for any material being
delivered or services performed without it purchase order, signed by an authorized representative. No
valid orders wilt be submitted without a purchase order and shall not be accepted by the vendor without a
purchase order number.
f) The variety and quality of the products and services offered by the vendor are expected to be leading
the industry.
gt Selected Provider will contract with PACE to provide certain rebates with the sale of products and
services. Each proposal must state a rebate percentage of net sales to be paid to PACE by the selected
Vendor.
The Contract issued to the selected Provider as a result of this RFP will contain a Default Clause
containing definitions, procedures and timelines that if invoked, could tesult in Termination of the
contract and put any investment of the Provider to fulfilling the Contract in jeopardy.
PACE PURCHASING COOPERATIVE Proposal No.: P0024b
13141lines Avenue Proposal On: Retail Supplies and Equipment
San Antonio, TX 78209 Proposal Opening: _1,00 o.m.. Novetnlar J. 2021
Company
_ L Page 4 of�Pages
� � CW
2.0 SP£CIFICCONDITIONS (continued)
f) Supplies will be purchased as needs arise and funding allows, there is no guarantee to purchase.
j) This proposal shall be awarded to the successful vcndor(s) by confirmation letter.
k) This proposal is intended to hold firm discounk for a period of one year after the proposal is awarded and
the renewal period(s). in the event this proposal expires before another proposal is awwdcd, the vendors
may extend the contract on a month -to -month basis, for a maximum of 3 months, by mutual agreement.
l) Public Disclosure — No public disclosures or news releases shall be made pertaining to this RFP or
subsequent Contract award without written approval of PACE Purchasing Cooperative.
m) The selected vendor will be required to actively market, sell and service catalog products and services
to selected members throughout Texas and other states through a collaborative purchasing agreement
with the PACE purchasing cooperative.
o) The award of this contract will be an award of the vendors entire catalog offerings regardless of the
sections responded to,
3,0 GEN'ERAL TERNNIS
a) All contracts and agreements between Provider and PACE PURCHASING COOPERATIVE members
shall strictly adhere to the statutes as set forth in the most current Uniform Commercial Code by the
American Law Institute in the National Confercmc of Commissioners on uniform state laws.
b) Vendors arc advised that contracts an subject to all legal requirements provided for in the Texas
Education Code, Subchapter 8, Section 44,031 and/or applicable state and federal statutes. Any proposal
after being awarded becomes subject to the Open Records Act, Article 6252-17a VTCS.
c) If product and/or service provided is not satisfactory, this agreement can be terminated at any time upon a
30-day written notice from PACE to Provider.
d) PACE PURCHASING COOPERATIVE members will have oll'the rights and remedies set forth in the
individual purchase and sale contracts entered into by and between Provider and cash member.
c) All parties agree that venue for any litigation arising from this contract with PACE shall lie in San
Antonio, Bexar County, Texas, and that the laws of the State of Texas shall govern the rights of the
parties and the validity and interpretation of any purchase order, contract, or service agrermrnt that shall
arise from and Include this proposal.
f) Patented or copyright protected items: Provider agrees to protect PACE PURCHASING
COOPERATIVE members from recourse and claims arising from rights under patent, copyright,
tmdcmark or application infringement as set forth in the Individual purchase and sale contracts entered
Into by and between Provider and each member.
g) Attvrd(s) resulting from this request arc not exclusive agreements to purchase. PACE PURCHASING
best interest of PACE PURCIASING COOPERATIVE member.
11 is understood and agreed that PACE PURCHASING COOPERATIVE members reserve the right to
make minor modifications to conditions of this proposal due to unforeseen circumstances, by mutual
agreement with Provider, at the time of acceptance of this quotation offer. Thereafter, changes and
amendments to the applicable contract may be made by the mutual written agreement of Vendor and
PACE.
Whem•er terns refer to PACE PURCHASING COOPERATIVE, they also apply to any school districts,
regional service centers, cities, counties or other government agencies to which the proposal has been
extended.
PACE PURCHASING COOPERATIVE
13141lines Avenue
San Antonio, TX 79208
Company t,/�G
3.0 GENEIM%LTERNIS (continued)
Proposal No.� P09246
Proposal On: Retail Supplies and Equipment
Proposal Opening- 1 00 n.m.. Nnvembcr4. ZM
Page,•, -of" Pages
k) Some onlers may require special handling or delivery to another, location. These will be negotiated with
the vendor(s) awarded, i.e. individual packaging, multiple deliveries, palletizing, delivery location.
I) Substitutions, obsolete products, substitutes and rejections of products by PACE members will be
handled as set forth in the individual purchase and sale contracts entered into by and between Provider
and each member.
m) TERMINATION FOR CONVENIENCE. Either panty to this agreement may terminate this agreement upon 30
days written notice of such tcrninalion.
n) TERMINATION FOR CAUSE. Either party may at its option immediately terminate this agrccrnent by giving 30
day written notice of tcmtination to the other party on do uccurrcrev of any of the following.
(a) The willful breach of this Agreement by the non -terminating party in the course of engagement, unless by the
terminating party.
(b) The habitual neglect by the non -terminating patty of its duties, unless unwed by the terminating party.
The Pmvldcr nmy at its option immediately terminate this agreement by giving %Timm notice of termination to
the Member cm the occumnce of any material breach of the individual purchase and We contract+ entered into
by and between Provider and each member. Nonpaytttent of finds due under such agtmments will constitute
matcriat breath.
o) KICKBACKS. It is a breach of ethics for any payment, gratuity or after of employment to be made by or on
behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor far any contract of a
school district, or any person associated therewith, as an inducement for the award of a subcontract or order.
p) RIGHTS TO INVENTIONS. The Contractor agrees to be compliant with the Rights to Inventions
Made by Nonprofit Organizations and Small Business Firths Under Government Grants and Contracts.
q) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT. The Contractor agrees to be
compliant with the Clean Air Act and the Federal Water Pollution Control Act and their implementing regulatiorm
r) ENERGY POLICY AND CONSERVATION ACT. The Controclar agrees to be compliant with the Energy Policy
and Conservation Act pertaining to mandatory standards and policies relating to energy efficiency contained in the
state emogy conservation plan.
s) DEBAILMENT OR SUSPENSION. The Contractor certifies that neither they nor their subcontractor Is debarred or
suspended from receiving federal funds.
0 LOBBYING CERTIFICATION AND DISCLOSURE OF LOBBYING (BYRD ANTI -LOBBYING
AMENDMENT). The Contractor daddies that it has not and will not use any federal funds to lobby. If
non-federal funds rue usal to lobby, the contractor must complete the Disclosure of Lobbying and forward the
disclosure to the next tier, who must forward it through each tier to the federal awarding agency.
u) COPYRIGHT. All contracts paid from state or federal grants administcrad by TEA must retain copyright for the
Texas Education Agency (TEA) and for the federal govcmrnettt (if a federally Minded contract) unless atho wise
negotiated in writing with TEA. Pursuant to the provisions in 2 CFR 6 200315, llde to Intangible property vests in
'?tt'%lsvtttii�clt pr-#ferrcYers£..
agency reserve o royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the
work for federal purposes, and to aurlorize other to do so,
v) SOLID WASTE DISPOSAL ACT AND ITS IMPLE.ti1£h7ING REGULATIONS. The Contractor certifies that it
is compliant with section 6002 or the Solid waste Disposal Act and its implementing regulations. 2 CFR 4
200.322.
w) PROFIT AS A SEPARATE ELEMENT OF PRICE. For purchases using federal funds to excess of $150,00is, a
Cooperative trtcmber may be required to ncgtxiatc prom as a separate clement of the price; 2 CFR 200.323(b).
x) EQUAL £.NPLOYM£NT OPPORTUNITY. 41 CFR 60-1 A(b) is hereby incospomtcd by reference.
y) DAVIS-BACON ACT. For all Cooperative member prime construction contracts/purchases In excess or 52,000,
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). Vendor ftrrher agrees to that it shall also comply vvrth the
Copeland "Anti -kickback" Act (40 USC 3145). as supplemented by Departmenr of Labor rcgulation-i (29 CFR Part
3).
PACF PURCHASING COOPERITIVF Proposal No.: PM246
13141lines Avenue Proposal On: Retail Supplies and Equipment
San Antonio. TX 79209 Proposal Opening: 2A0 n.m . Nnvcmbcr 4. 2021
Paged afx— Pages
Company �
3,0 GENERAL TERMS (continued)
z) CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. For all contracts or purchases in excess of
SI00,000 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 CPR Pan S).
aal Compliance wills Texas Government Code 2252 and 2270— I, the vendor. am in compliance with all applicable
provisions of Government Codes 2232 & I270. This code requires vendors agree to NOT boycott Israel or do
buainess with companies that boycott Israel. In addition vendor cannot do business with Iran, Sudan or a
known terrorist organization. By submitting a response to the proposal, vendor ccrti(lcs compliance with this
code.
bb) NON -COLLUSION STATEhIFNT. The vendor affirms that he/she -is duly authorimd to execute a conttaci,
that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other
Proposer, and that the contents of this proposal as to prices, lerms or conditions of said proposal will not be
communicated by the undersigned nor by any employee or agent to any other person engaged in this type of btuincss
prior to the official opening of a proposal. The proposer also affimts that they have not given; offered to give, do not
Intend to give at any tlmc hereinafter any economic opportunity, fltture employment, gill, loan, gratuity, specified
discount. trip, favor, or service to a private service in connection with this contract
cc) RECORD RETENTION. %%I= federal flmds are expended by Cooperative and all Coopeative members for any
contract resulting from this procurement process, the vendor certifies that it will comply with the record retention
requirements detailed In 2CFR 200.333. The vendor Ruthler cenifies that vendor will retain all records as required by
CPR 200.333 for a period of three )ears after grantees or sub grantees submit final expenditure reports or quarterly or
annual financial reports, as applicable, and all other pending matters are closed.
dd) BUY A,\IERICAN ACT. Vendor certifies that vendor is in compliance with all applicable provisions of the Huy
American Act. Purchases made in accordance with the Buy American Act rust still follow the applicable proeutemcnt
rules calling for free and open compctitlon.
cc) LEGAL REMEDIES. Contracts for more than the simplified acquisition thrfshold currently set at S 150,000 which is the
inflation adjtuied amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address adminhu-Mve, contractual, or legal
remedies in instances oboe contmcwts violate or breach contract terms, and provide such sanctions and pershies as
appropriate. Pursuant to Federal Rules (A) above, when federal funds arc expended by Cooperative and all Cooperative
members, Cooperathve and all CoWraivc rnembcrs rcsarves all rights and privileges under the applicable laws and
regulations with respect to this procurement in the event of breach of contract by either party.
In no event will a party be liable to the other for incidental, consequential, indirect, punitive, or special damages,
whether or not foreseeable.
f) The agreement shall remain in effect until (1) the agreement expires by its terms or (2) the agreement is terminated by
mutual consent of PACE and Vendor All Sunnkmental nareemcrim ptrrV)Wc oldcrs. and/or order for goods of services
——Tiouedby7:ns.e Rievor meutrcrs and accepted ay venaaT Son sunive Rae cspiration or lamination of Uuf agreement.
During the term of any Supplemental agreement entered into between Vendor and member, all trots of the agreement
shall continue to apply to Supplemental agreements.
gg) Ail Pricing or discounts offered are is minimum discount that will be honored by Vendor. The vendor may offer deeper
discounts or lower prices tf market conditions or order volumes justify the additional lower pricirtg/discounts.
hh) Pricing or discounts offer to PACE membmhap may be adjusted with proof of change to market conditions and with the
appmve of the PACE Purchasusg Cooperative.
PACE PURCHASING COOPERATIVE Proposal No.: M924�
1314 1 lines Avenue Proposal On: Retail Supplies and Equipment
San Antonio, TX 78208 Proposal Opcnng: 2:00 n.m.. November 4 211,1
Page -L- of t,.}. Pages
Company
n) Certificate or interested Parties (Form 1295 - must he filled out electronically with the TFros Ethics
Cornmlmion's onlineJJling application, printed out. signed, and returned x1th theproporal responir)
ESC. REGION 20 is rrqutrcd to comply wide House Rill 1295, which amended the Texas Government Code by
adding Section 2252.908, Disclosure of interested Panics. Section 22h.9011 prohibits ESC. REGION 20 from
entering into a contract resulting from this RFP with a business entity unlns the business entity submits a Disclosure
of Interested Partin (Form 1295) to ESC, REGION 20 al the time business entity submits the signed contract. The
Texas Ethics Commission has adopted rules requiring the business entity to file Farm 1295 electronically with the
Texas Ethics Comm(ssW. The following defin(s►ans apply:
(1) "Business Endo," mcwu an entity recognized by law through which business is conducted, including a sole
proprietorship, partnership, or corporation. T`E,c. GOV'T CODE 4 2252.908(I ),
(2) "Inferested Parr-" means a person:
a) who has a controlling intent in a business entity with whom ESC, REGION 20 contracts; or
b) who actively participates in facilitating the contract or negotiating the terns of the contmci. including a
broker, intermediary, adviser, or attorney for the business entity. TL'C- GOWT CODE § 2252,908(3).
(3) 'Can trolling /nreresf"means:
a) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares,
stock, or otherwise that exceeds 10 percent;
b) membership on the boanl or directors or other governing body of a business entity of which the board or
other govcming body is composed of not more than 10 members; or
c) service as an officer of a business entity that has rout or fewer officers, or service as one arthe rout officers
most highly compensated by a btuiness entity that has more than four officers. TEX. E7mcs CDNM. Ruic
46.3(e).
(4) "Intermediary" means a person who actively participates in the facilitation of the contract or negotiating the
contract, including a broker, adviser, attorney, or representative of or agent forthe business entity who;
a) receives compensation from the business entity for the pmon's administration:
b) communicates directly with the governmental entity or state agency on beheif of the business entity
regarding the contract: and
c) is not an employee of the business entity. TY_x. ETtltcs Cu%ist. RtttF 46.3(e).
�s a "business entUy." all vendar}} mujU
III _comniele Form 1295 deciranically with the Texas Ethics Commission using the online filing application, which can
be found at
All vendanmust complete Farm 1295, even If net Interested parties eslsl
In Section 2, insert "ESC, Region 20/PACE"
In Section 3. Insert the "ESC_ RFC(QN 20 RFP #PM246 t PACE" for this pmposol
icl non[ i cape of (he compleledfarm (make suer that it has a computer•generaled cernlication number in the "tlilice
Use Only" box)
(; ] have an authorized agent of the business entity sign the form
14) suhmit the completed, signed. Form 1295, with the certification offiling. along with this proposal.
aj Vendor is exempt from filline out Form 1295 if thcv arc o nublich'traded butiness entity. inclodirie a wholly owned
dihsiditry of the btttinat entity. If you fell into ibis citcgo �n1ca%c check box hehtta to verify that vote did re fifl
out Form I Zq5 rind rrasort why.
❑ RM%nn:
a) ESC. REGION 20 must acknowledge the receipt of the filed Form 1295 by notifying the Texas Ethics Commission
of the receipt of the Pled Form 1295 no later than the 3e day after the date the contract binds all panics to the
contract. After ESC, REGION 20 acknowledges the Form 1295. the Texas Ethics Commission will post the
completed Form 1295 to its w6sile with seven business days after receiving notice from ESC, REGION 20.
PACE PURCHASING COOPERATIVE
1314 Hines Avenue
San Antonia. TX 78208
Company
4.6 PREPARATION OF PROPOSALS
Proposal No.. P0024
Proposal On: Retail Supplies and Equipment
Proposal Opening: 2:W n.m . Nnvcmber 4, 2021
Page A oflx Pages
a) PROPOSALS MUST BE MADE ON THE ENCLOSED SHEETS OR PROPOSAL MAY BE
CONSISDERED NON -RESPONSIVE.
b) The failure to adhere to accepted proposals will be deemed reason for canceling purchase commitments
and for not accepting future proposals from defaulting contractors.
c) Other than as asssgrtment made (i) to on crnuty owned by or under common ownership or control with
the assigning party. (it) in connection with the sale of all or substantially all of the assigning party's
stock. assets or business, or (rti) as the result of a merger, acquisition or consohdation. by opcmtton of
Iaw orotherwise, the transfer or assignment ofcontracts is prohibited.
d) Prices and transportation charges will be us set forth in the individual purchase and sale contracts entered
into by and between Provider and each member.
e) Vendors will not include federal tarts nor Statc of Texas limited sales, excise or use taxes in proposal
prices since PACE PURCHASING COOPERAT1VEhnchnbers are exempt from payment of such tares.
An exemption certificate will be signed where applicable upon request.
PACE PURCIIASING COOPERATIVE
1314 Ihncs Avenue
San Antonio, TX 78208
Company ., �.•�
3.0 CONTACT
Proposal No,:.,B2L4
Proposal Gn: Retail Supplies and Equipment
Proposni Opening: 2:0o p.m.. NPVCTn1Kr 4. 2021
Page 4 of 23 Pages
All questions should be directed bmvem HO a,m. and 4:30 p.m4 Monday through Friday to:
)im Metzger
)im.mctzgcrCWcsc20.nct
(210)370-5204
Ques6ons regarding this RFP must be submitted electronically or in wanting to the email or physical
address appearing above no later than five (5) business days prior to submittal deadline date.
6.0 REFERENCES
All vendors must submit a list of references for whom vendor has provided like scrviccslproducts in volumes
equal to or greater than the estimates listed in the proposal. Educational and governmental agencies are prefcrrcd.
This list may be placed in a separate envelope and labeled "PROPRIETARY' and is not subject to public view.
Failure to provide rcfemnces may cause proposal to be considered non-mspoasive.
Compan.gz w
Address:
Citylst: 1y1}_
� n
Company: 40.0 A A
Address fL
Ciry st: �'Zi!-A.
Company: CO i k
Address: —
City -St: Cjr M-e
(ompany• - -
Address: 12 S lA.y ,
City St &e1 ac s.. ieVL.-
f ontact Person: Phone number.
.'Contact Pen1Phone nu�b -
0tJ+-CId4W; �M rL/
! 4
C omnet Person: Phone number: < "y
__50- y' S'-
C->asttaet�etsom: Phet►rmimubcr
�t� s- l�..L�� •r --� ou
Company: .-,. �-.• ✓ �t y h Contact Pe . n- Phone number.
Address: ft.. � 7� r'�,-� 111 nSb•% V � ,i��-�Sis 2-1 74
CIIy St: 1 � r Q�s • -z-
PACE PURCIASING COOPERATIVE
13141lines Avenue
San Antonio, TX 78208
Company
7.0 DELIVERY REQUIREMENTS
Proposal No POOM
Proposal On. Retail Supplies and Equipment
Proposal Opening: 2.i10 n.m.. Navenibcr4, M
Page io ofsy Pages
Terms regarding delivery of equipment to PACE members will be as set forth in the individual
purchase and sale contracts entered into by and benveen Provider and each member.
8.0 WARRANTY
The warranty for equipment purchases by PACE members will be as sct forth in the individual
purchase and sole contracts entered into by and between Provider and each member.
9.0 QUANTITIES
A) There will be no minimum purchase requirement in total or per order.
10.0 REJECTION, WITHDRAWAL, MODIFICATIONS OF PROPOSALS AND LATE PROPOSALS
PACE PURCHASING COOPERATIVE reserves the right to accept or reject any or all proposals, to waive
any technicality or irregularity in proposal submitted, and to accept or reject any pan of a proposal as deemed
to be in the best interest of PACE PURCHASING COOPERATIVE member. Proposals may be withdrawn at
any time prior to the official opening, Alterations made before opening time must be initialed by vendor
guaranteeing authenticity. Upon approval of PACE PURCHASING COOPERATIVE, proposals may be
►►ithdrawn for obvious miscalculations or industrywide conditions. Proposals shall remain open and valid for
acceptance a penod of 60 days following the opening. Proposals received after the time set for the opening
will be declared late and not eligible for opening and consideration. PACT; is not responsible for mail, courier
or other delivery mctitods' in -transit time or non -delivery. Late deliveries will be hold unopened. Vendor will
In advised by mail that his proposal was late and not accepted and will be allowed to pick up his proposal
package or furnish a "call tag" and have the package picked up by a courier.
11.0 CLARIFICATION OR OBJECTION TO PROPOSAL SPECIFICATIONS
PACE PURCHASING COOPERATIVE is willing to assist any %endor(s) in the interpretation of proposal
Provisions or explanation of how proposal forms are to be completed. Assistance can be received by visiting
theTACE-PURCHASING COOPERA-TtYr--BtcsiaesrOffrrc�-i314Sii.._........».....--Jlingt2141370-3?Gt.
If any person contemplating submitting a proposal for this contract is in doubt as to the true meaning of the
specifications, or other proposal documents or any pan thereof; he/she may submit a written request for
clarification In the Jim Xlelzgcr, Purchasing Coordinator. 1314 Hines Avenue, San Antonio, TX 78208 at least
seven days prior to scheduled opening. Any interpretation of the proposal, if made, will be made only by
Addendum duly issued and mailed or delivered to each person reccividg a proposal document. PACE will not
be responsible for any other explanation or interpretation of the proposal made or given pnor to the award of
the contact. Any objections to the specifications and requirements as set forth in this proposal must be filed in
writing with the Purchasing Coordinator.
PACE PL'RCIIASI%GCOOPERATIVE Proposal No.: F"?4
13141lines A%ceuc Proposal On: Retail Supplies and Egwpmem
San Antonio, TX 782oB Proposal (pcnmg:100 P.m.. NovemMcr4. 2021
Page -u_ or,i Pages
Campamr
12.0 EVALUATION and AWARD OF CONTRACT
a) PACE PURCHASING COOPERATIVE is not only concerned with the best & lowest price for the
user, but also the most responsive and responsible vendor. We must have contractors that arc qualified
and perform well. The contract will be awarded to the responsible vendor(s) whose proposal,
conforming to the proposal terms and specifications, offer the bat value and is miost advantageous to
PACE PURCHASING COOPERATIVE, price and other factors considered. Tic proposals will be
awarded by the casting of lots. ,
b) PACE PURCHASING COOPERATIVE reserves the right to award the proposal to one vendor or
multiple vendors. It is anticipated this proposal will be awarded to one vendor.
c) PACE PURCHASING COOPERATIVE reserves the right to accept and award any item or group of
items of this proposal, as deemed to be in the best interest of PACE PURCHASING
COOPERATIVFJmembers, unless the vendor qualifies the proposal by specific limitations.
d) Proposal evaluation and award shall be based on, but not necessarily limited to the following factors:
purchase price, ability to meet delivery requirements, quality of samples, reputation of the vendor and of
the vendors goods or services, quality of the vcndoes goods or services, the extent to which the goods
or services meet the needs of PACE PURCHASING COOPERATIVE, vendors past relationship with
PACE PURCHASING COOPERATIVE, the impact on the ability of PACE PURCHASING
COOPERATIVE to comply with laws and rules minting to historically underutilized businesses, the
total long-term cost to the district to acquire the vendor's goods or services, and any other relevant factor
that a private business entity would consider in selecting a vendor.
After the opening. PACE PURCHASING COOPERATIVE will check each proposal for the presence
or absence of required information in conformance with the submittal requirements of this proposal.
These submittal requirements are obligatory, and failure to fully comply will deem the proposal
unresporsivc
Determination of the successlitl vendors) will be based on information supplied by the vendor and
itir mwtion obtained, where necessary, through user contacts. Ongoing documentation by using
departments regarding a company's performance may be used In determining the vendor's responsibility
for award purposes of this and future awards. The vendor must proposal all mandatory services. The
lowest dollar proposal may not represent the best proposal when all rectors of the evaluation have been
qualified.
Conformance to Terra and Conditions
Pricing
38
Industry and Marketplace Successes 5
8lddars ability_;ojdellver-and sere-io-PACE:t3qitberI -xa
Bidders marketing plan 5
Value added attributes 5
Invoicing payment terms 2
Warranty coverage 15
Selection and variety of products and services offered 15
13.0 1 A1'AIENT
Payment by PACE members for equipment supplied by Provider will be made as set forth in the
individual purchasc and sale contracts entered into by and between Provider and each member.
PACE PURCHASING COOPERATIVE Proposal No.- eM?46
1314 Hincs Attnue Proposal On: Retail Supplies and Equipment
San Antonio, TX 78208 Proposal Opcnmg: 2:M n,nr.. vmrmhxv4.2,
Page y_ of IL Cages
Company
14.0 ACKNOWLEDGEMENT OF ADDENDA
(this applies Qajy, if in fact Addenda arc issued related to this proposal):
The bidda acknowledges receipt ofADDENDA1o.thamikitation and related documents numbered and dated:
Addendum No.
Date
All addenda shall be acknowledged on the solicitation/offer. Failure to do so may cause the proposal to be
rejected. Any changes to the solicitation will be made by Addendum and delivered io all panics that PACE.
shows as having received a copy of the solicitation.
PACE PURCHASING COOPERATIVE
I314 Hines Avenue
San Antonia, TX 78208
Company 1 A.(
Proposal No.:
Proposal on: Rclail Supplies and Equiptnent
Proposal Opening: 2:t10 n m.. Nnvcmhcr4. 2021
Page D of 1ppagci
Members by We Member by O"anlaatkm Type
Alabama
6
0.003
C1ty
157
0.091
Argons
31
0.018
Countv
123
0.072
Arkansas
0
0.005
Wither Ed
1SS
0A90
-Catfomla-
-Ise-0.44r
Colorado
14
0.008
local Gov't
78
0.045
Connecticut
1
0.001
Non Profit
442
0.257
Florida
14
0.008
Stale Aaencv/Federa!
4
0.002
Georgia
13
0.001
1717
I.000
I ►uk*s
04
0.049
i Indiana
9
0.005
Iowa
86
0.050
Kansas
2I3
0.130
Kentucky
4
0.002
i Ma no
1
0.001
Marvland
6
0.003
Massachusetts
3
0.002
Michigan
1
0.001
Minnesota
1
D.001
Missouri
55
0031
Nevada
3
0.002
Newlers"
16
D.009
NewMealco
16
0.009
New York
13
0.013
North Carolina
29
0.017
Ohio
9
MOOS
Oklahoma
36
D.021
Oregon
4
0.002
Pennsylvania
9
CADS
South Carolina
23
0.013
Tennessee
7
0.004
Texas
941
0.491
urainla
73
0.043
Washlnaton
14
0=8
WeslWaInla
2
0.001
Wisconsin
17
CLOW
1717 I=
PACE PURCIIASI\G COOPERATIVE
1314 I lines Avenue
Sur Antonio. TX 78208
Company
Proposal No. POO 4¢
Proposal On: Rcail Supplies and Equipment
Proposal Opening: 2,no n in . Vm•ember 4. 2021
Page-14 _of�? Pages
The PACE Purchasing Cooperative currently has approximately 1,720 members in 35 states. It is
the intention of the PACE Purchasing Cooperative in partnership with its owardcd vendors to add city, county and
other go%Lmment and non-profit member in Texas and throughout the united Stoics. PACE is available for use by all
public and private schools, colleges, universities, cities, counties and other government agencies in the States of Texas
and other states as allowed by state momber law and statues.
Participation in PACE is not required of any governmental agency. However, panicipation of government agencies
can provide Use legally required competition for contracts for commonly purchased products and services, tbemby
saving the individual government agency the cost of going through the competitive process.
Purpose of PACE
• Provide government agencies opportunities for greater efficiency and economy in acquiring goods and services.
• Take advantage of state-of-the-art purchasing procedures to insure the moil competitive contracts.
• Provide competitive price solicitation and bulk purchasing for multiple government agencies that yields economic benefits
unobtainable by the individual entity.
• Provide quick and efficient dehvM of goods and services by contracting with high performance' vendors.
• Equalize purchasing power for smaller agcocics that arc ratable to command the bat contacts for themselves.
• Assist government agencies In maintaining the essential controls for budget and accounting purposes.
Maintain credibility and confidence in business procedures by maintaining open competition for purchases and by
complying with purchasing laws and ethical business pmetices.
Open Records Policy
PACEiRegion 13 do 20 ESC is a govcmment body subject to the Torras Public Infomation Act. Responses submitted to PACE
as a melt of this solicitation are subject to release as public mfotmatiou after contracts are executed or the procurement is
termsnma If a Vendor believes that its response, or parts of its response, may be excmptal from disclosure under Texas law.
the Vendor must specify page•bypagc and line -by-line the pans of the response. which it believes, arc exempt. In addition, the
Vendor must specify which excepuonls) arc applicable and provide detailed reasons to substantiate the exception(s).
PACE PURCIIASPYG COOPERATIVE Proposal No.. P00246
1314 1lines Avenue Proposal On: Retail Supplies and Equipment
San Aniumo. TX 78208 Proposal OPcnrng. 2:00 r m-. Mfrs ember d. 2n21
// '' Page 16 of � Pagcs
Company e, h .r e-
Each offeror awarded a contract under this solicitation may ofTer their complete product and servtcc offering.
Pricing for products and services must be entered on the appropriate section of the Price Page. PACE rescn-cs
the right to accept or reject any or all items offend.
L: ach proposal must rpcluae a rover letter stating I cur interest, as weUis-d narno and adieu, telephone
number and e-mail address of the proposer.
Each proposal must describe the company's strategy and capability for marketing and selling the products and
services listed in this RFP to eligible PACE members.
Each proposal must describe the company's strategy and capability for crwlling new members In the PACE
purchasing coopcmtivc.
Each proposal must describe the company's strategy and capability for reporting and trucking all products and
services said to eligible PACE membm.
Each proposal must state tebate percentage of net sales ( 131.'0) to be paid to PACE by the selected Vendor.
Provide a brief history of your company. including the year it was established.
Provide company's official registered ntunc.
Each proposal must include a cover letter stating their interest, as well as the name and address, telephone number and
c-mail address of the proposer.
List number of sales and service offices in Texas, listing the name of kcy contact at each with title, address,
phone and fan number, e-mail address, ctc, along with resume.
Provide your company's Dun & Bradstreet (D&B) number.
Please define your standard terms of payment.
Responses should be direct, concise, complete, and unambiguous. Offerors failing to organize proposals in the
manner requested will be suggesting to evaluators that they are unable or unwilling to follow reasonable
suggestions.
Section Name
A. Vendor Contract and Signature Farm (includes General & Specific Terms and Conditions)
B. Vendor Profile Questionnaire'
C. Value Added Services Descnplion— if applicable
D. Marketing Plan
L References
F. Wanunty Information
G. Cenificatcs (ex. manufacturer certifications, NINVBE. HUB)--- if applicable
it. Price and Product Specifications Matrix (details may be separate, of lengthy)
PACE PURCHASING COOPERATIVE Proposal No.. _ P09,46
1314 (fins Avenue Proposal On: Retail Supplies and Equipment
San Antonio. TX 78208 Proposal Opening: 2:00 n.m.. Nnvemhcr J. ZM
Page 17 of,111 Pagcs
r
Company
-,�;/-
1. Supplementary catalogs and consumer information — if applicable
J. Other services offered under this contract— if applicable.
Paper and Electronic Price Lists
A. Didders must submit product price list. Products and prices listed will be used to establish both
the catcntof a manuf-01wer's7incs available from a particular bidder aad the pacing per item
Paper and magnetic media price lists must contain the following:
Manufacturer part p
Vendor part q (if different from manufacturer part P)
Product description
Manufacturers Suggested List Price and Net Price
Net price to PACC (including freight)
List any other cooperative that the company participates in:
Cooperative
BuyHoard
TIPS / TAPS
TPASS
Sourcewell
US Communitlevornnla
Otherti
Discount Admin'% Fee
Offered paid to
Cooperative
PACE PURCHASING COOPERATIVE Proposal No_. _ P00246
1314 [lines Avenue Proposal On! Retail Supplies and Equipment
San Antonio, T\ 78208 Proposal Opening; _2:00 P.m.. Nnvcmbcr 3. 2021
Page —t$_ of _1-3 Pages
Company �+�.�. �!Y`
17.0
IVendor/Coop Contract Agreement
Thc following pages will constitute the contract bctwrea the successfltl vendors(s) and PACE. Hiddcts shall state, in a separatc
writing, and include with their proposal response, any rrquited exceptions or deviations from these terms, conditions, and
specifications. If agreed to by PACE, they will be incorporated into the final contract.
The Vendor Contract ("Contact") made and entered into by and between the Purchasing Association of Cooperative Entities
(hcrcinafler referred to as "PACE" respectfully) a government cooperative purchasing program authorized by the Region 13
Education Service Center and Region 20 Education Service Center. This contract consists of the provisions set forth below.
including provisions *fall Attachments referenced herein. In the event of a conflict between the provislom set forth below and
those contained In any Attachment, the provisions set forth shall control.
General Terms and Conditions
A. Contacts
All contracts and agmcments between Merchants and PACE members shall strictly adhere to the statutes that air set forth
in the Uniform Commercial Code as twit recently revised Contacts for purchase will normally be put into effect by
means of o purchase order(s) executed by authorized agents of the member government entitles.
B. Warranty conditions
All supplies equipment and servkes shall include manufaeluser's minimum standard warranty unless otherwise agreed to
in writing. Vendor shall be an authorized dealer. distributor or manufacturer for all products. All equipment proposed
shall be new unless clearly stated in writing.
C .Cuslomcr support
The Vendor shall provide timely and accurate technical advice and sales support to PACE staff and PACE members by
telephone, pursuant to Vendor's standard warranty process. Technical support will be available Monday through Friday
during Vendor's regular business hours. The Vendor shall provide free training to PACE staff regarding products and
servIccs supplied by the Vendor unless otherwise clearly stated in writing.
A. Tax exempt status
A taxable item sold, leased. or rented to, or stored• used, or consumed by, any of the following governmental entuics is
exempted from the taxes imposed by this chaptcr(I) the United States; (2) an unincorporated instrumentality of the United
States; (3) is corporation that is an agency or instrumentality of the United Slates and is wholly owned by the United Stales
or by another corporation wholly owned by the Lniied States;(4) the State of Texas; (5) a Texas county, city, special
district, or other political subdivision; or (6) a stale, or a governmental unit of a state that borders Texas. but only to the
extent that the other state or governmental unit exempts or does not unposc a lax on similar soles of item to this state or a
political subdivision of this stale. Texas Tax Codc§ 151,309.
E. Assignments ofcontacts
Other than an assignment nude (t) to an entity owned by or under common ownership or control with the assigning party,
(ir) in connection with the We of all or substantially all of the assigning patty's stock, assets or business, or (its) as the
result of a merger, acquisition or consolidation, by operation of law or otherwise, no assignment of contact may be nude
without the pnor wrrtien approval of PACE. Payment can only be made to the awarded Vendor.
F Disclosures
PACE PURCHASING COOPERATIVE
1314 Hines Avenue
Sass Antonio, TX 78208
Company-5r�
s
Proposal No.: P002 t1�
Proposal On: Retail Supplies and Equmpmcnt
Proposal Opening: _;QO n on.. Nnvcmhcr 4-
Page 19 of111 Pages
F.1. Vendor shall attach, in writing, it complete description of any and all relationships that might be considered u conflict
ofintcrost in doing business with men in the PACE program,
F.2. The vendor affirms that, to the best of his/her knowledge, the offer has been smvcd at independently, and is
submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit
competition or give an unfair advantage over other vendors in the awaeti of this contract.
G. lnvo;ees '
PACE member will be invoiced for purchase as set forth in the individual purchase and sale contracts entered into by
and between Provider and each member.
H. Payments
The PACE member will make payments directly to the Vendor as set forth in the individual purchase and sale
contracts entered Into by and between Provider and each member,
1 Pricing
he Vendor agrees to not sell to PACE members at it price lower than can be obtained thru the PACE contract.
All pricing submitted to PACE shall stale a rUbatc percentage of act sales (suggested 1.5%) to be remitted to PACE
by the Vendor.
J, Administration Fees
PACE and vendor will share reports of all ttmcmbcr sales based on this agreement. PACE will then invoice the Vendor
on a monthly basis for the One and one half percent (1.5Y percentage of net sales fee. The invoice will be based on
net sales made through the program. Once verilicd by Vendor, Vendor shall remit payment of the rebate Invoice to
PACE at net sixty (ISO) day terns.
K. Indemnity
Inderttnity for Personally Contracts, Vendor agrees to tndemnify and hold hamdess and defend PACE, its member(s),
officers and employees, from and against all third -party claims and suits for damage&, irduries to third -party persons
(including death), thlyd-party property damages, losses, and expenses including court costs and reasonable attorney's
fees, directly resulting from. Vendor's perfontwtce of this contract, including all such causes of action based upon
comiton, constitutional, or statutory law, or based in whole or ,n pan, upon allegations of negligent or intentional acts
on the pan of the Vendor, its officers, employees, agents, subcontractors, licensees, invites, whether or not such
claims arc based in whole or in pan upon the negligent acts or omissions of the PACE, member(%), ofiiccm
employees, or agents. Vendor's obligations in this paragraph will not apply to the extent the claims and costs
described above result from PACE or a PACE member's negligence or willful misconduct.
tndcmmty for Performance Contracts. The Vendor agrees to indemnify and hold harmless and defend PACE, its
member(&), officers and employees from and against all third -pan), claims and suits for damages, injuries to third-
party persons (including death), property damages, losses, and expenses including court costs and altorney's fees,
directly resulting from, Vendor's work under this contract, including all such causes of action based upon common,
constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or inicndonal acts on the
pan of the Vendor, its offccrs, employees, agents, subcontractors, licensees, or imitees, Vendor's obligations in this
paragraph will not apply to the extent the claims and costs described above result from PACE or a PACE membcr's
ncglircnec or willful misconduct.
In no event will a party be liable to the other for incidental, consequential, indirect, punitive, or special damages,
whether or not foreseeable.
Attomey's Fces»Texas Local Government Code § 271.159 is expressly referenced.
PACE PURCHASING COOPERATIVE
1314 alines Avenue
San Antonio, TX 78208
Company
Proposal No.. M.146
Proposal On: Retail Supplies and Equipment
Proposal Opcning: 2:00 n.rn.. Nnvrmhcra. zn:l
Page_ of.11 Pages
Pursuant to §271.159, TEXAS LOC. GOWT CODE, is the event that any one of the Panics is required to obtain the
services of an attorney to enforce this Agreement, the prevailing patty, in addition to other remedies available, shall
be entitled to mover reasonable attotney's fees and costs of court.
M. Purchase Ordcr PdcingMroduct Deviation ,
If a deviation of pricing/produci on a purchase order occur, PACE is to be notified within 24 bouts of reccips of
order.
N. Other Requirements
• Automated Contract: Some high volume or web -site based contracts may he designated as an Automated Contract. This
allows entities to purchase directly from awarded Vendor at contract price. All entities listed on the PACE membership
list are hereinafter referred to as Members. All purchases from Members must be reported under the PACE occottm and
submitted In the monthly tales report. Failure to do so may result in removal of Vendor from Program.
• Non -Automated Contract: All nan•aulamaled contract vendor purchase orders must ga m the PACE- fax
210.503.6240. (Unless PACE and vendor agree upon an altemate order receipt method) Should an member agency send
an order dims to vendor, it is lite vendor's rc3p9ruibilhy to forward the order to PACE at the fat above and marked as
"received" by the vendor within 24 business hours and confirm its receipt with PACE. Failure to do so may result in
removal of Vendor from Program.
■ Promotion of Contract: It is agreed that Vendor will encourage all eligible entities to purchase from the PACE Program.
Encouraging entities to purchase directly from the Vendor and not through PACE eonuact is not acceptable to the terns
and conditions of this contract and will result in removal of Vendor from Program. Vendor is expected to use nurkenng
tLnds for the marketing and promotion of this contract.
• Daily Order Confirmation. Unless an Automated Contract, orders will be faxed twice daily from PACE to vendor and
followed with an email confirmation. The vendor must confirm meipt of all omen within 24 business hours.
• Vendor custom wcbsite for PACE_ If Vendor is hosting a custom PACE web site then updated pacing must be posted by
the Ist of each month
• Back Ordered Products: If product Is not expected to ship within 3 business days, customer is to be notified within 24
hours and appropriate action taken based on eustarrier request.
• Monthly Sala Report: Vendor must submit a monthly sales report of all PACE Member
purchases to PACE by the last business day of each month for all PACE sales invoiced the
previous month. The PACE one and one-hairo.s%) invoice will be based off this report. Report
fields must include:
Member name POa, and PO Total Sales Amount,
Example: City of ABC POnABC 123 Sxxx.xt (order total)
O. Vendor Profile
MinorityAVomen Business Enterprise (Required by some panieipating governmental entities) orAJUB
Vendor certifies that his Rrm is a %IfWBE or IIUB [ Yes )[
If yes, circle above certification that applies and list any others:
Ccrtificauon of Residency (Required by the State of Texas)
Company submitting bid is a resident bidder, 911 Nat
Vendors principal place of business is in the city, of State of
P. Pricing information
In addition to the typical unit pricing furnished herein, the Vendor agrees to furnishrrcnt
and future products at prices that ate proportionate to Dealer Pricing Y J [ No]
If answer is no, attach a statement detailing how pricing for PACE niembets would be
PACE PURCIIASING COOPERATIVE
1314 l iincs Avenue
San Antonio, TX 78208
Company [3! c..-
calculated.
Proposal No.: M46
Proposal On: Itelail Supplies and Equipment
Proposal Opcning 2:00 n.m.. `Jmcmber d. ZW
Page 21 of ,',, Pages
Pricing submitted includes the 1.5% PACE. participation fee. (Yes] [Nei
Vendor agrees to remit monthly to PACE the required 1.3% participation fee. (Yet] (Na]
Additional discounts for purchase of guaranteed quantity? (Yet] (No]
Company billing address hcrc the invoice for the I.3%profit sharing perccmuge of gross sales fee will be sent by PACE:
Contact pcna i4f. �r Cr—/arm+.
Campany�IP l ,,�•.�
Address: ���47 z.—
City. State. Zlp:jr.r,l J
Pax:
Emad �/4rfjy�.�^J/••Gs4� .r�/11I7ee�45—'-+�..
PACE PURCHASING COOPERATIVE
131411ires Avenue
San Antonio. TX 78208
Company ,
Proposal Nu.:
Propasal On: Retail Supplies and Equipnsrnt
Proposal Opening: _7 00 n m.. Nmcmber d. 2n21.
PABC —LI— Of 23 Pages
11
.0 RESIDENJCERTIFICATiON:
This CeniRcation Section must be cernnlcted and submitted befarc a proposal can be awtuded to your company. This
information may be placed in art envelope labeled 'Proprietary" and is not subject to public view. In enter for a proposal
to be considered, the following infomsn6on must be provident. Failure to complele may mutt In rejection of the
proposal:
As defined by Texas House Bill 602, a "nonresident yca&i " means a vendor whose principal place of business is not in
Texas, but excludes a conmrctor whose ultimate parent company or majonty owner has its principal place of business in
Texas.
texas or Non -Texas Resident
1 c,0/ that my company is a "resident vendor",
❑ I artily that my company qualUks as a "nonresident vendor"
If you qualify as a "nonresident vendor," you must fumssh the following mfotmauon:
What is your resldRu state? (The state your principal place of business is located.)
City Stale Zip Code
Company Name Address
19.0 IXFAIR BUSINESS PRACTICE
I la% your company n coamted of unfair business pnu tins?
ElYes Ko Ifyes.when:
PACE PURCIMING COOPERATIVE Proposal No.. P0024
1314 Mines A%vnue Proposal Dn• Retail Supplies and Cq,rpmcnt
San Aniono, TX 7R203 Proposal Opening -100 n m.- Nm ember 4. 2021
Pagc21 of1? Pager
Company
20,0 SIGNATURE PAGE. DEVIATION or COMPLIANCE NOTATION & FELONY NOTIFICATION
DEVIATIONS: In the event the tadmigned sindor intends to dcsiaic frmn the General terms and conditions or spccificatiom ronuaty to IN=
14W m the "Term total Condidons','Specinc►dow saw other mfomtsdon attuhcd hmio, all twit deviations must be hated on this Dser, with
corttpiMe and dclsikd ctntditians aril infcrtnatiaa a1w being atiached (�� addttiaaal papa as rtems:ry). Vendors mwi llst all specillcidens for
Item(a) proposal that differ from any speelikationslbrands!!tled In proposal. PACE PURCHASING COOPERATIVE w III be rite ►ole judge to
dctrrruine ifdeviatlow are acceptable in mating the nods of PACE PURCIIASLNO COOPERATIVPJmembcn,
NO DEVIATIONS: In the abaewc of any dniation entry on this (went, the %vml tr auum PACE Purchnsitrg Coopteralive of their rbll compliance
with the Term and Cooditiona. Sped (kid ons, aril infortulon cmntained in this ptoponL
ALL vendorsM USI' CONIPLET£ this pate ichcck apptopristc box)
,SIGN & RETURN stlth proposal or proposal may be considered NOX•RESPONSIVE,
j Our proposal is submitted according w (cheeks ate bot):
L�J IIrviadaos llstrd below D Ste Atlachrd lettir for Dt Iatlem l� J �o An latkns
!laving carelidly examined the Propours, temts dad mtditiorm spcctliatiras and p wpowl form, dse undmigned betrby Proposes and alpces to furnish
p+uls and or servxo Ln Anct rmpltance wlth the specifications and conditions eonus"d ut this tl KU=nL
The rcprescntatisc stpning this docsancstt affirms that tbcy am duly audnri:ni to eacade this cm aM that Us company eorparadon. firm, pu rwrslttp or
Indtvidusl has not prepared this proposal m collusion with any other outdo. and that the commu of tits pmpoul as to price, kmu or oordtdom of aaid
proposal hats not been cotnnauticascd by the reptnentadsn sips ing this document not by any empbyce w agent to any other pawn engapd in No type
of busbresa poor to the official opening Df this propoul.
FELONI' NOTIFICATION
Also I to the Tow Educstkm Code, Subchapter 11. Sccuon 44.034, No ifiation of Cnmmal history, the tuderstpnal affirms this firm to_ -ittrot=oulz or opcnml by anyone wbo has been contictcd of a klwry Attach nnisnsdm of any felony conviction. This stawraa is not requucd
of a parbllcly-held Mrpurauon.
ny signing this proposal. senlw mskn the assurance that vetalw has not been debuTcd or suspaldcd from conducting bushiest, with its -
US Gosemmad according to EActrwhr Order 12349 udW Dcloumem and Suspension.
�J
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Gartuds Fadtrd and Suw Taus.
I n on to mmtJ w"tM a rr"
waratmrilr.:mscTva-.clyas.a.hak.
SIG\ATVI[E
Mot�.sbl.- m ioeuj+ta bllr+u samFwy
EDNAME
TYPl
Prorn.ia ram atantrtl.uaw a't,tdLstfa:trid
wid Lot I:t wer'id-
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MIUNF f� j�/C�'�p,� FAX
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CERTIFICATE OF INTERESTED PARTIES
Complete Nos. 1.4 and 6 if there are interested parties.
Complete Nos. L 2, 3, 5, and 6 if there are no interested parties.
2 Name of business entity OHM form. and the city, state and country of the business entity's place
of business.
Sam's Club
Mcallen, TX United States
2 Name of governmental entity or state agency that Is a party to the contract for which the form is
being Tiled.
ESC Region 2013ace
FORM 1295
1 of 1
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number.
2021-620731
Date Filed:
11105n021
Date Acknowledged:
3 Provide the IdentWeadon number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract
P90170
ESC Region 20 RFP #P 00246 / Pace
4 Nature of interest
Name of Interested Parry City, State, Country (place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DEC TION
My name i r L _TYi Sr ts.� and my date of birth is
My address is Z& - 7 A-194., , 77,
(atroat) (may) (Staw) (aP coda) (—try)
I declare under penaltyy of perjury that the foregoing is true and correct.
Executed in T ' d , I County, State of _250ki on the day of%.`,�. �, 20_24_
(month) (year)
Signatur a� f authoti¢ed agent of contracting business entity
(fit)
Exhibit C
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
FORM CIQ
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
jJ Name of vendor who has a business relationship with local governmental entity.
n/a
J
❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about whom the information is being disclosed.
n/a
Name of Officer
J Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes F-1 No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
71 Yes F1 No
J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
J
❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
J
n/a (Aug 30, 2023 09:28 CDT)
Aug 30, 2023
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us
Revised 1/1/2021
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 176.0010-a): "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021