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HomeMy WebLinkAbout064532 - General - Contract - Interstate Trailers, Inc.CSC No. 64532 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Interstate Trailers, Inc. ("Vendor") and the City of Fort Worth ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A— Se11er's Pricing; 3. Exhibit B— Cooperative Agency Contract (BuyBoard Contract 787-25); 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. In the event of any conflict between the terms and conditions of Exhibits A, B, or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement control. City shall pay Vendor in accordance with the fee schedule in Exhibit A, including any future quotes, and in accordance with the provisions of this Agreement. Total annual payment made under this non- exclusive Agreement may be an amount up to One Million Dollars and Zero Cents ($1,000,000.00). The Vendor acknowledges that this is a non-exclusive agreement and there is no guarantee of any specific amount of purchase. Further, Vendor recognizes that the amount stated above is the total amount of funds available, collectively, for any Vendor that enters into an agreement with the City under the relevant M&C or cooperative agreement and that once the full amount has been exhausted, whether individually or collectively, funds have therefore been exhausted under this Agreement as well. The Parties will engage in multiple transactions to purchase off-road vehicles and/or other motorized equipment under this Agreement. For each purchase made pursuant to this Agreement, Vendor must supply a quote for the subject vehicles/equipment and the quote must conform with the then-current pricing under the underlying cooperative agreement. If the City accepts the quote and places an order for the vehicles/equipment, that quote shall be considered as an addendum to this agreement but is not required to be filed in the Ciry records. The Parties wi11 maintain all quotes for the 3-year Audit period included herein. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and expires on June 13, 2026. 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 workspace 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 or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: QFFICIAL RECORQ CITY SECRETARY FT. WORTH, TX To CITY: City of Fort Worth Attn: Valerie Washington, Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Matt Laws 1101 Heritage Parkway, Mansfield, TX 76063 Facsimile: N/A City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. To the extent the Agreement, in any way, limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company 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. The terms "boycott IsraeP' and "company" has the meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendar: (1) does not boycott Israel; and (2) wi11 not boycott Israel during the term of the Agreement. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the Vendor that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 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: 1/ CONTRACT COMPLIANCE MANAGER: V��- ��`�^"� By signing I acknowledge that I am the person gy: valerie washington (.lan s, 2026 18:11:06 CST) responsible for the monitoring and administration Name: Valerie Washington of this contract, including ensuring all performance Title: Assistant City Manager and reporting requirements. Date: APPROVAL RECOMMENDED: G'!� � By: Reginald Zeno (Jan 6, 2026 18:10:23 CST) Name: Reginald Zeno Title: Chief Financial Officer/Director ATTEST: 'Foqr an /�1 oQfavoo �I,Pp ! 1 �� \ e'~� o9d0 o�e -� 0 pP r°�°s p B \�\���� �dQa nEXP?od y. o0 Name: Jannette Goodall Title: City Secretary .Aai (/ �e�'.�z, By: Name: Ashley Sorkar Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: ��aQa-�� Gf����,�i. ��'� By: Name: Jessika J. Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0450 VENDOR: Interstate Trailers, Inc. By: � � Name: Matt Laws Title: President Date: 12/30/25 �7yy[y/_1�:7XK•]:7■] Cy���9Xy:7��_\:�I FT. WORTH, TX Exhibit A ���������� ** Freight rates may vary with options effecting lengths, heights & weights. TRAILERS, INC. STANDARD LIST PRICE SHEET 1-800- 433-5384 1101 Heritage Parkway Mansfield, Texas 76063 Effective on Buy Board Contract 787-25 (817) 453-5402 PLBB0625 Fax: (817 453-5445 M EL I CAPACITY I PRICE I FREIGHT** M EL I CAPACITY I PRICE �REIGHT** TOW BEHIND TRAILERS - LIGHT DUTY - SINGLE WHEELS TOW BEHIND TRAILERS - HEAVY DUTY - TILT - DUAL WHEELS 12RBS 12,000 Ibs. @ 65 mph $9,843.00 $1,450.00 12BST 12,000 Ibs. @ 65 mph $11,372.00 $1,450.00 12TST 12,000 Ibs. @ 65 mph $11,765.00 $1,450.00 14RBS 14,000 Ibs. @ 65 mph $11,745.00 $1,450.00 14TST 14,000 Ibs. @ 65 mph $13,703.00 $1,450.00 16BST 16,000 Ibs. @ 65 mph $13,944.00 $1,450.00 16BST/S 16,000 Ibs. @ 65 mph $12,543.00 $1,450.00 16TST 16,000 Ibs. @ 65 mph $14,966.00 $1,450.00 18BST 18,000 Ibs. @ 65 mph $12,998.00 $1,450.00 18BST/S 18,000 Ibs. @ 65 mph $12,824.00 $1,450.00 20BST/S 20,000 Ibs. @ 65 mph $19,050.00 $1,450.00 TOW BEHIND TRAILERS - MEDIUM DUTY - DUAL WHEELS *30TDE 30,000 Ibs. @ 65 mph $32,877.00 $1,950.00 *40TDL 40,000 Ibs. @ 65 mph $33,855.00 $1,950.00 *40APC 40,000 Ibs. @ 65 mph $34,620.00 $1,950.00 *50TDL 50,000 Ibs. @ 65 mph $43,980.00 $2,450.00 *50APC 50,000 Ibs. @ 65 mph $45,173.00 $2,450.00 TOW BEHIND TRAILERS - HEAVY DUTY - DUAL WHEELS *30DLE 30,000 Ibs. @ 65 mph $24,526.00 $1,650.00 *40DLA 40,000 Ibs. @ 65 mph $25,652.00 $1,650.00 *50DLA 50,000 Ibs. @ 65 mph $35,522.00 $2,450.00 SEMI TRAILERS - FIFTH WHEEL - DROP DECK *G50TDL *50LBG *70LBG *70PRC *70SDGN *102SDGN *110SDGN 50,000 Ibs. @ 65 mph 50,000 Ibs. @ 65 mph 70,000 Ibs. @ 65 mph 70,000 Ibs. @ 65 mph 70,000 Ibs. @ 65 mph 102,000 Ibs. @ 65 mph 110,000 Ibs. @ 65 mph $47,175.00 $31,756.00 $35,867.00 $46, 560.00 $74,506.00 $92,581.00 $98,733.00 $3,400.00 $3,400.00 $3,400.00 $3,400.00 $3,975.00 $3,975.00 $3,975.00 20DT 20,000 Ibs. @ 65 mph $17,759.00 $1,600.00 G20DT 20,000 Ibs. @ 65 mph $19,609.00 $2,400.00 20DTA 20,000 Ibs. @ 65 mph $22,503.00 $1,600.00 *24DT 24,000 Ibs. @ 65 mph $18,970.00 $1,600.00 *24DTA 24,000 Ibs. @ 65 mph $22,507.00 $1,600.00 TOW BEHIND TRAILERS - MEDIUM DUTY - TILT - DUAL WHEELS 20TDT 20,000 Ibs. @ 65 mph 20TDA 20,000 Ibs. @ 65 mph G20TDT 20,000 Ibs. @ 65 mph *24TDT 24,000 Ibs. @ 65 mph *24TDA 24,000 Ibs. @ 65 mph $22,552.00 $26,227.00 $24,974.00 $23,565.00 $26,824.00 $1,950.00 $1,950.00 $2,400.00 $1,950.00 $1,950.00 1. * Models preceded by asterisk require adding 12% FET to selling price 2. **Freight cost may vary due to destination. CONUS Only. BST = Budd, Single Tires G = Gooseneck PBS = Paver Box Special DT = Dual Tires DTA = Dual Tires, Air Brakes TDT = Tilt, Dual Tires TDA = Tilt, Dual Tires, Air Brakes TDL = Tilt, Dual Tires, Low Profie, Air Brakes TDE = Tilt, Dual Tires, Electric Brakes APC = Asphalt Paver Carrier DLA = Dual Tires, Low profile, Air Brakes DLE = Dual Tires, Low Profile, Electric Brakes LBG = Lowboy, Gooseneck SDGN = Self Lifting Detach. Neck Factory Installed Options Options: `Models: Additional Deck Length: 4' Stationary Deck (Tilt Decks): Additional Drawbar Length: Tool Box Enclosure: Additional D-Rings: Stake Pockets: LED Light Package: Spare Tire Carrier: Hubodometer: Bucket Well In Beavertail: 3" Safety Rail Standard Length Trailer: Mid-Deck Turn Signal: Side Safety Step: Loading Ramp Options: 72" Length in lieu of Standard: Tapered Steel Tips: Ramp adjustment to within 18": Vertical Ramp Storage: 2-Way Spring Assist: Parking Jacks in lieu of Standard: 12, 000 Ib. Side Crank: 25, 000 Ib. 2-Speed (Single): Dua/ 12,000 lb. Dropleg Jacks: 25, 000 Ib. 2-Speed (Dual): RBS/TST Models $410 / ft. Standard $410 / ft. $370 $55 ea. $63 ea. Standard $300 $165 BST Models $410 / ft $410 / ft. $370 $55 ea. $63 ea. Standard $300 $165 $602 $685 $262 $262 $172 $172 $283 $283 $138 $138 $312 $312 Standard $186 $379 DT / DTA Models $480 / ft. $480 / ft. $370 $55 ea. $63 ea. Standard $300 $165 $602 $685 $262 $172 $372 $138 $312 $417 $379 TDT Models $480 / ft. $1,470 $480 / ft. $370 $55 ea. $63 ea. Standard $300 $165 $602 $685 $262 $172 DLE / DLA Models $480/ ft. $480 / ft. $370 $55 ea. $63 ea. Standard $300 $165 $602 $685 $262 $172 $372 $138 $312 $213 $379 TDL Models $480 / ft. Standard $480 / ft. $370 $55 ea. $63 ea. Standard $300 $165 $685 $262 $172 Standard Standard Standard Standard $345 $345 Standard Standard $450 $450 $406 $406 $406 $406 $1,066 $1,066 $731 $731 OL6B0625-1 Contract # 787-25 Interstate Trailers, Inc. (800) 433-5384 50DLA / 50TDL Models $480 / ft. $480 / ft. $370 $55 ea. $63 ea. Standard $300 $165 LBG Models $525/ ft. N/A $475 $55 ea. $95 ea. Standard � $300 $165 $602 $685 $262 $262 $172 $172 $372 $372 $138 $138 $312 $312 $213 $213 $379 $379 Standard $406 $731 $1,066 Options: ` Models: Additional Deck Length: Additional Tie Down Rings: Side Channel Reinforcement: Tool Box Enclosure: Flush Wheel Covers: Stake Pockets: LED Light Package: Wetline ILO Powerpack: "Honda" Powerpack: Combination Wetline / Powerpack: Spare Tire Carrier: Outriggers: Hubodometer: Enclosed Boomwell: 110" Swing Clearance: Gooseneck Fenders: Motorgrader Ramps: Full Width Gooseneck: Apitong (A) Purpleheart (P) Decking: Air Ride Suspension: Air lift 3rd Axle: Flip A�cle: Plumbing for Flip Axle: Polished Aluminum Wheels: Milled Aluminum Wheels: OLBB0625-2 Factory Installed Options 50LBG Models $525 / ft. $55 ea N/A $475 $2,465 $95 ea. Standard $300 $2,880 $165 N/A $1,750 $3,200 $3,000 $2,995 $5,452 70LBG Models $525 / ft. $55 ea N/A $475 $2,465 $95 ea. Standard $300 $2,880 $165 N/A $1,750 $3,200 $3,000 70SDGN-AR Models $1,038 / ft. $75 ea. $1,200 $650 $3,250 N/A Standard Standard $6,010 102SDGN Models $1,265 / ft. $75 ea. $1,200 $650 $4,870 N/A Standard Standard $6,010 $6,010 $525 Standard $165 $1,500 $1,220 $5,075 110SDGN Models $1265 / ft. $75 ea. $1,200 $650 $4,870 N/A Standard Standard $6,010 $525 Standard $165 $1,500 $1,220 $5,075 $509 ea. $442 ea. Contract # 787-25 $525 Standard $165 $1,500 $1,220 $5,075 $2,995 Standard Standard $5,452 Standard Standard 2nd Axle $2,642 Standard $26,950 $26,950 3rd Axle $1,580 $1,580 $509 ea. $559 ea. $559 ea. $442 ea. $483 ea. $483 ea. Interstate Trailers, Inc. (800) 433-5384 Standard Standard Standard $26,950 $1,580 $559 ea. $483 ea. �u � � � � 1 1 1 1=� Electronic Delivery Matt Laws Interstate Trailers, Inc. 1101 Heritage Parkway Mansfield, TX 76063 Welcome to BuyBoard! Exhibit B P.O. Box 400, Austin, Texas 78767 800.695.2919 • info@buyboard.com • buyboard.com Re: Notice of The Loca/ Government Purchasing Cooperative ContractAward; Proposal Invitation No. 787- 25, Trailers, Optional Equipment, Parts and Maintenance Repair Service Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a BuyBoardO contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term December 1, 2025, through November 30, 2026, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 787-25 at: www.buyboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. A list of Cooperative members is available on the buyboard.com website. In addition, the BuyBoard Administrator's vendor relations staff is available to assist you in locating available BuyBoard informational resources and answering questions you may have as an awarded BuyBoard vendor. On behalf of the Cooperative, we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, feel free to contact me at bids@buyboard.com. Sincerely, �,�� r,t��� � Unique Williams, Bid Analyst Texas Association of School Boards, Inc., Administrator for The Local Government Purchasing Cooperative v.01.03.2025 s}� Endorsed by: -� Q�� TML �o TAsg. TASA� y F: x � s � � Board� National Pmchasing Cooperative Electronic Delivery Matt Laws Interstate Trailers, Inc. 1101 Heritage Parkway Mansfield, TX 76063 Welcome to BuyBoard! Re: Notice ofNationa/Purchasing CooperativeAward; Proposal Invitation No. 787-25, Trailers, Optional Equipment, Parts and Maintenance Repair Service Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoardO contract based on the above-referenced Proposal Invitation. The contract is effective for an initial one-year term of December 1, 2025, through November 30, 2026, and may be subject to two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents, including the National Purchasing Cooperative Vendor Award Agreement and General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No. 787-25 at www.buvboard.com/vendor. Only items marked as awarded to your company are included in this contract award, and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. A list of National Cooperative members is available on the buyboard.com website. In addition, the BuyBoard Administrator's vendor relations staff is available to assist you in locating available BuyBoard informational resources and answering questions you may have as an awarded BuyBoard vendor. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, feel free to contact me at bidsCa�buvboard.com. Sincerely, l�T Gl.G� W � Unique Williams, Bid Analyst Texas Association of School Boards, Inc., Administrator for The Local Government Purchasing Cooperative v.01.03.2025 - � P.O. Box 400, Austin, Texas 78767-0400 800.695.2919 • buyboard.com � i ! ! i • RO. Box 400, Auattn, Texas i8767 800.695.2979 • blds@buyboard.com • buyboard.com PROPOSER'S ACCEPTANCE AND AGREEMENT Propasal Invitation Name Trailers, Optional Equipment, Parts and Maintenance Repair Service Propasal Invitation Number 787-25 Proposal Due Date/Opening Date and Time June 26, 2025, at 4:00 PM Location of Proposal Opening Texas Association of School Boards, Inc. BuyBoard Department 12007 Research Blvd. Austin, TX 76759 Contract Term December 1, 2025, through November 30, 2026, with two possible one-year renewals. Anticipated Cooperative Board Meeting Date October 2025 By s/gnatu�e be%w, the underslgned acknow/edges and agrees that you are authorized to submlt this Proposa/, inc/uding making al/acknow/edgements, consents, and certiflcations hereln, on beha/fofPropose� and, to the best ofyou� knowledge, the inPormatlon p�ov/ded is true, accurate, and comp/ete. Interstate Trailers, Inc. Name of Proposing Company 1101 Heritage Parkway Street Address 06/03/25 Date � . ' f'�/✓. �'� - ..��---__ :—� � �,.., ,_ _- Signature of Authorized Company Official Mansfield, TX 76063 City, State, Zip 800-433-5384 Telephone Number of Authorized Company Official 817-453-5445 Matt Laws Printed Name of Authorized Company O�cial President Position or Title of Authorized Company Official 75-1834480 Fax Number of Authorized Company Official Federal ID Number 10 of 68 Pitoaosn� Fow�s COMM/SVCS v.10.04.2024 � i i ! I • 1 P.O. Boz 400, Austln, Texae 78767 800.695.2978 • blds� 6uyboard.com • buyboard.eom PROPOSAL FORMS PART 1: COMPLIANCE FORMS INSTRUCTIONS: Proposer must review and complete all forms in this Proposal Forms Part 1: ■ Proposal Acknowledgements ■ Felony Conviction Disclosure • Resident/Nonresident Certification ■ Debarment Certification ■ Vendor Employment Certification • No Boycott Verification • No Excluded Nation or Foreign Terrorist Organization Certification ■ Historically Underutilized Business Certification ■ Acknowledgement of BuyBoard Technical Requirements • Construction-Related Goods and Services A�rmation • Deviation and Compliance ■ Vendor Consent for Name Brand Use ■ Confidential/Proprietary Information ■ EDGAR Vendor Certification ■ Compliance Forms Signature Page An authorized representative of Proposer must/nitia/in thebottom rfghtcornerofeachpagewhere indicated and complete and sign the Compliance Forms Signature Page. Proposer's failure to fully complete, initial, and sign forms as required may result in your Proposal being rejected as non-responsive. PR�POSAL ACKNOWLEDGEMENTS The proposing company ("you" or `your'� hereby acknowledges and agrees as follows: 1. You have carefully examined and understand all information and documentation associated with this Proposal Invitation, including the Instructions to Proposers, General Information, General Terms and Conditions, attachments/forms, appendices, item specifications, and line items (collectively "Requirements'�; 2. By your response ("Proposal'� to this Proposal Invitation, you propose to supply the products or services submitted at the pricing quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or exceptions are noted in the Proposal; 3. By your Proposal, you acknowledge and certify all items set forth in the General Terms and Conditions, Section 6.12 (Certifications), including all non-collusion certifications and certifications regarding legal, ethical, and other matters set forth therein. 4. Any and all deviations and exceptions to the Requirements have been noted in your Proposal on the required form and no others will be claimed; '/�, . .�c`� S Initiai: �-- 11 of 68 PRoaosAL FOaMS COMM/SYCS v.10.04.2024 � i i � / ., • P.O. Box 400, Austln, Texas 78767 800.695.2979 • blds@buyboard.com • buyboard.com 5. If the Cooperative accepts any part of your Proposal and awards you a Contract, you will furnish all awarded products or services at the pricing quoted and in strict compliance with the Requirements (unless specific deviations or exceptions are noted on the required form and accepted by the Cooperative), including without limitation the Requirements related to: a. conducting business with Cooperative members, including offering pricing to members that is the best you offer compared to similarly situated customers in similar circumstances; b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation; c. the possible award of a piggy-back contract by the National Purchasing Cooperative or nonprofit entity, in which event you will ofFer the awarded products and services in accordance with the Requirements; and d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to activation of your Contract; 6. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or proprietary or that you do not consider to be public information subject to public disclosure under the Texas Public Information Act or similar public information law; 7. The individual submitting this Proposal is duly authorized to enter into the contractual relationship represented by this Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a form or Proposal document) is authorized and has the requisite knowledge to provide the information and make the representations and certifications required in the Requirements; 8. You have carefully reviewed your Proposal, and certify that all information provided is true, complete, and accurate to the best of your knowledge, and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and 9. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, will be grounds for disqualifying you from consideration for a contract award under this Proposal Invitation, termination of a contract award, or any other remedy or action provided for in the General Terms and Conditions or by law. FELONY CONViCTION DISCLOSURE Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor) states: "A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Section 44.034 further states in Subsection (b): "A school district may terminate a contract with a person or business entiry 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 (�/j one of the fol%wing: ❑ My COR1pBfly IS B pUbllCiy-Fle#d C01'j]OCdt10I1. (Advance notice requirement does not app{y to puhlicly-held corporatiort.) � My company is not owned or operated by anyone who has been �onvicted of a felony. ❑ My company is owned/operated by the folfowing indi�idual(s) who has/have been con�icted of a felony: Name of Felon(s): Details of Conviction(s): � � � Initia��-�--� 12 of 68 PaOrosa� Foar+�s COMM/SVCS v.10.04.2024 � i ! / ! �1 • P.O. Box 400, Austln, Texas 78767 B0o.695.2919 • blds@buyboard.com - buyboard.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 statuter a"residenC" proposer is a person whose principal place of business is in Texas, including a contractor whase ulCimate parent company or majority owner has its principal place of business in Texas, A "nonresident" prapos�r is a person who is not a Texas residenfi. P�ease indicate the sCatus of your company as a"resident" proposer or a"nonresident" proposer under these definitions. P/ease check (�j one of the Fol%wing: /0 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 A. B. Address State Zip Code 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 What is the prescribed amount or percentage? $ or DEBARMENT CERTIFICATION ��8 By signature on the Compliance Forms Signature Page, I certify that neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension," as described in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is currently listed on the government-wide exc4usions 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 Cooperati�e and all Coaperative members with pending purchases or seeking to purchase from my corrtpany if my cpmpany or an owner or principal is fater listed on the governmen#-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under any statutory or regulatory authority. VENDOR EMPLOYMENT CERTIFICATION Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor's ultimate parent or majoriry 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 (�/j one of the fo/lowing: ❑ Yes ❑ No /r�� J �_ Initial: - _ � 13 of 68 pROpOSn� FOitMs COMM/SVCS v.10.04.2024 � i � 1 f ., • ! P.O. Box 400, Austln, Texas 78767 800.695.2979 • blds�6uyboard.com • buyboard.com NO BOYCOTT VERIFICATION A Texas governmental entity may not enter into a contract with a value of $100,000 or more that is to be paid wholly or partly from public funds with a company (excluding a sole proprietorship) that has 10 or more full-time employees for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel and will not boycott Israel during the term of the contract (Tex. Gov'T Co�e Ch. 2271), (2) does not boycott energy companies and will not boywtt energy companies during the term of the contract (Toc. Gov'r Co�e Ch. 2276), and (3) dces not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entiry or firearm trade association (TEx. Gov'T Co�E Ch. 2274). 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'� Co�E §808.001(1). "Boycott energy company" means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A). TEx. Gov"r CooE §809.001(1). "Discriminate against a firearm entity or firearm trade association" means, (A) with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and (B) does not include: (i) the established policies of a merchant, retail seller, or platForm that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (ii) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association. Tex. Gov"r Co�E §2274.001(3). By signature on the Compliance Forms Signature Page, to the extent applicable, I certify and verify that Vendor does not boycott Israel, boycott energy companies, or discriminate against a firearm entity or firearm trade association and will not do so during the term of any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am authorized by my company to make this certification. .' y � Initial• L._- 14 of 68 PROPOSn� FOahlS COMM/SYCS V.10.04.2024 ' Boarc�m Pa• Box 400, Auetln, Texas 78767 1 000.695.2919 - bldsQbuyboard_COM - buyboard.com NO IXCLUDED NATION OR FORQGN TERRORIST ORGANIZATION CERTIFICAIION Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization — specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) By signature on the Compliance Forms Signature Page, I certify and verify that Vendor is not on the Texas Comptroller's list identified above; that this certification is true, complete and accurate; and that I am authorized by my company to make this certification. 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 BuyBoard website will indicate HUB certifications for awarded Vendors that properly indicate and document their HUB certification on this form. (Please check (�l) all that app/y) ❑ 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 defned by 38 U.S.C. §101(2), who has a service-connected disability as defned 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: 0 My company has NOT been certified as a HUB. ACKNOWLEDGEMENT OF BUYBOARD TECHNICAL REQUIREMENTS Vendor shall review the BuyBoard Technical Requirements included in this Proposal Invitation. By signature on the Compliance Forms Signature Page, the undersigned affirms that Proposer has obtained a copy of the BuyBoard Technical Requirements, has read and understands the requirements, and certifies that Vendor is able to meet and will comply with those requirements except as follows: [List and explain BuyBoard Technical Requirements, ifany, to which you� company cannot or willnot comply.J Note: In accordance with the General Terms and Conditions of the Contract, to the extent Vendor is awarded a Contract under this Proposal Invitation but is unable or unwilling to meet the applicable BuyBoard Technical Requirements, the information available on the BuyBoard for Vendor's awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor's awarded products and services on the BuyBoard website. Further, to the extent Vendor has acknowledged ability to meet and comply with the BuyBoard Technical Requirements, any subsequent failure or re�usal by Vendor to promptly provide inforrr�ation -� upon request to the Cooperative administrator in accordance with those technical requirements may be deemecf an��nt � of default under the Contract. Initiat�!i � 15 of 68 PRorosq� FoaMS COMM/SVCS v.30.04.2024 � r � i i „ • P.O. Box 400, Austln, Texas 78767 B00.B95.2919 • blds@buyboard.com • buyboard.com CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION The Cooperative issued the BuyBoard Procurement and Construction-Related Goods and Services Advisory for Texas Members ("Advisory'�, which provides information specifically relevant to the procurement of construction-related goods and services by Texas Cooperative members. The Advisory, available at huvboard.comNendor/Resources.asnx, provides an overview of certain legal requirements that are potentially relevant to a Cooperative member's procurement of construction or construction-related goods and services, including those for projects that may involve or require architecture, engineering or independent testing services. A copy of the Advisory can also be provided upon request. Because many BuyBoard contracts include goods or installation services that might be mnsidered construction-related, Proposer must make this Construction Related-Goods and Services Affirmation regardless of type of goods or services associated with this Proposal Invitation. A contract awarded under this Proposal Invitation covers only the specific goods and/or services awarded by the Cooperative. As explained in the Advisory ("Advisory'�, Texas law prohibits the procurement of architecture or engineering services through a purchasing cooperative. This Proposal Invitation and any Contract awarded thereunder does not include such services. Architecture or engineering services must be procured by a Cooperative member separately, in accordance with the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local policy. By signature on the Compliance Forms Signature Page, Proposer affirms that Proposer has obtained a copy of the Advisory, has read and understands the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or services to a Cooperative member under a Contract awarded under this Proposal Invitation, Proposer will comply with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy of the Advisory before accepting the member's Purchase Order or other agreement for construction- related goods or services. ..-i ;� � Initial: -���. 16 of 68 P2arosp� Fowns COMM/SVCS v,10.04.2024 � i • / 1 • P.O. Box 400, Austln, Texas 78767 B00.B85.2919 • blds@buyboard.com • buyboard.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. Prior to completing this form, Vendor shall review the General Terms and Conditions section B.4 (Deviations from Item Specifications and General Terms and Conditions). Please note that, as provided in section B.4, certain provisions of the General Terms and Conditions are NOT subject to deviation, and certain deviations will be deemed rejected without further action by the Cooperative. Any attempted deviation, whether directly or indirectly, to provisions identified in this Proposal Invitation as not subject to deviation shall be deemed rejected by the Cooperative and, unless otherwise withdrawn by Vendor, may result in Vendor's Proposal being rejected in its entirety. The Cooperative will consider any deviations in its contract award decision and reserves the right to accept or reject a proposal based upon any submitted deviation. In the absence of any deviation identified and described in accordance with the above, your company must fully comply with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal Invitation if awarded a Contract under this Proposal Invitation. A deviation will not be effective unless accepted by the Cooperative. The Cooperative, by and through the Cooperative administrator, may, in its sole discretion, seek clarification from and/or communicate with Proposer(s) regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a Proposal based upon any submitted deviation. Please check (�} one of the fol%wing: �■ NO; Deviations ❑ YeS; Deviations List and fully explain any deviations you are submitting: ��� Initial• 17 of 68 PkOroSn� FORMS COMM/SVCS v.10.04.2024 � i • � ! 1�1 P.O. Box 400, Auatln, Texas 76767 800.695.2919 • blds�apbuyboard.com • buyboard.com VENDOR CONSENT FOR NAME BRAND USE BuyBoard members seeking to make purchases using a Contract awarded under this Proposal Invitation may view information regarding awarded Vendors, including but not limited to product catalogs, price lists, pricing, and Proposals, through the BuyBoard website. To improve and enhance the experience of BuyBoard members seeking to procure goods and services under the Contract utilizing the BuyBoard website, any Vendor logo, product images, and similar brand and trademark information provided by Vendor for purposes of the Contract ("Vendor Information'� may be posted on the BuyBoard website. You acknowledge that, by submitting your Proposal, unless you specifically opt out below, you consent to use of your company's Vendor Information on the BuyBoard website if awarded a Contract. You further acknowledge that whether, where, and when to include the Vendor Information on the BuyBoard website shall be at the sole discretion of the BuyBoard Administrator. Vendor retains, however, the right of general quality control over the BuyBoard Administrator's authorized display of proprietary Vendor Information. Neither the BuyBoard nor its administrator will be responsible for the use or distribution of Vendor Information by BuyBoard members or any other third parly using the BuyBoard website. This Vendor Consent shall be effective for the full term of the Contract, including renewals, unless Vendor provides a signed, written notice revoking consent to contractadminC�buvboard.com. BuyBoard shall have up to thirty days from the date of receipt of a termination or revocation of a Vendor Consent to remove Vendor information from the BuyBoard website. This Vendor Consent is subject to the Terms and Conditions of the Contract, including, but not limited to, those terms pertaining to Disclaimer of Warranty and Limitation of Liability, Indemnification, and Intellectual Properly Infringement. Vendor logo files must be submitted in one of the formats set forth in the BuyBoard Technical Requirements. Proposers are requested to submit this information with Vendor's Proposal. (This consent shall not authorize use of your company's Vendor Information by BuyBoard if your company is not awarded a Contract.) OPT OUT: If your company wishes to opt out of the Vendor Consent for Name Brand Use, you must check the opt out box below. DO NOT se%ct thls box un/ess your company is opting out of this Vendo� Consent for Name B�and Use. ❑ By checking this box, Vendor hereby declines to provide consent for use of Vendor Information (as defined herein) on the BuyBoard website. By opting out, Vendor acknowledges and agrees that, if Vendor is awarded a Contract under this Proposal Invitation, information available on the BuyBoard for Vendor's awarded products or services may be limited, potentially placing Vendor at a disadvantage and impacting the ability of Cooperative members to search, find, review, and purchase Vendor's awarded products and services on the BuyBoard website. ��� � Initial: 18 of 68 Paorosn� FoaMs COMM/SVCS v.10.04.2024 � i ! 1 ! `. • • P.O. Box 400, Austln, Texas 78767 800.695.2s79 • blds@buyboard.com • buyboard.com CONFIDENTIAL/PROPRIETARY INFORMATION A. Public Disclosure Laws All Proposals, forms, documentation, catalogs, price lists, or other materials submitted by Vendor to the Cooperative in response to this Proposal Invitation, may be subject to the disclosure requirements of the Texas Public Information Act (Texas Government Code chapter 552.001, et, seq.) or similar disclosure law. Proposer must clearly identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure law. When required by the Texas Public Information Act or other disclosure law, Proposer may be notified of any third-party request for information in a Proposal that Proposer has identified in this form as proprietary or confidential. Does your Proposal (including forms, documentation, catalogs, price lists, or other materials submitted with the Proposal) contain information which Vendor considers proprietary or confidential? Please check (t�J one of the fol%wing: aNO, I certify that none of the information included with this Proposal is considered conFdential or proprietary, � YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified on this form. If you responded "YES", you must clearly identify below the specific information you consider confidential or proprietary. List each page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative and Cooperative administrator shall not be responsible for a Proposer's failure to clearly identify information considered confidential or proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and Cooperative administrator will disclose information when required by law, even if such information has been identified herein as information Vendor considers confidential or proprietary. Confidential / Proprietary Information: (Attach additional sheeCs if needed.) � � � Initial: �,.._ . 19 of 68 P20aosn� FOaMS COMM/SYCS V.10.04.2024 � i � 1 I I=� B. Copyright Information P.O. Box 400, Auetln, Texas 78767 800.695.2919 • blds@buyboard.com • buyboard_com Does your Proposal (including forms, documentation, price lists, catalogs, or other materials submitted with the Proposal) contain copyright information? P/ease check (� one of the fol%wing: n n N0, Proposal (including forms, documentation, price lists, catalogs, or other materials submitted with the Proposal) does not contain copyright information. YES, Proposal (including forms, documentation, price lists, catalogs, or other materials submitted with the Proposal) does contain copyright information. If you responded "YES", clearly identify below the specific documents or pages containing copyright information. Copyright Information: (Atfach additrbnal shee� if needed.) C. Consent to Release Confidential/Proprietary/Copyright Information to BuyBoard Members BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential, proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such information on the secure BuyBoard website for members. Note: Neither the Cooperative nor Cooperative administrator will be responsible for the use or distribution of information by BuyBoard members or any other party. D. Consent to Release Proposal Tabulation Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the Cooperative may publicly release, including posting on the public BuyBoard website, a copy of the proposal tabulation and award information for the Contract including Vendor name; proposed catalog/price list name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor award or non-award information. /�� �� Initi�l: 20 of 68 Paoaosn� ForsMS COMM/SVCS v.10.04.2024 � s 1 � i • P.O. Box 400, AUstln, Texas TB767 800.695.2819 • blds�buyboard.com • buy6oard.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 a Proposal must complete this EDGAR Certification Form regarding Vendor's willingness and ability to comply with certain requirements which may be applicable to specific Cooperative member purchases using federal grant funds. Completed forms will be made available to Cooperative members for their use while considering their purchasing options when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in addition to the terms and conditions of the BuyBoard contract, to address the member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For � of the items be%w, Vendor shou/d certlfy Vendor's ag�eement and abl/Jty to comp/y, where appllcab/e, by having Vendor's authorized representat/ve check the applicab/e boxes, initia/ each page, and sign the Comp/iance Forms S/gnatu�e Page. If you fa1/ to comp/ete any item in this form, the Cooperative wil/ cons/der and may /ist the Vendor's response on the BuyBoard as "NO,"the Vendor is unab/e or unwi//ing to comp/y. A"NO" response to any of the items may, if applicable, impact the ability of a Cooperative member to purchase from the Vendor using federal funds. 1. Vendor �olation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18, Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order or Cooperative member ancillary contract agreed upon by Vendor and the Cooperative member which must be consistent with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. � YES, I agree. 2. Termination for Cause or Convenience: ❑ NO, I do not agree. 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 �endor. If this Agreement is terminated in accordance with this Paragraph, the Cooperative member shall only be required to pay �endo� for goods o� services delivered to the Caoperative member prior to the termination and not otherwise returned in accordance with �endors return po/icy. If the Cooperative member has paid I/endor for goods or services not yet p�ovided as of the date of termination, �endor shal/ immediately relund such payment(s). If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the manner by which it will be effected and the basis for settlement, is included in the Cooperative member's Purchase Order or ancillary agreement agreed to by the Vendor, the Cooperative member's provision shall control. � � YES, I agree. ❑ NO, I do not agree. initia�f 21 of 68 Paoposq� Foar�s COMM/SVCS v.10.04.2024 � i ! ! 1 1 ! 3. Equal Employment Opportunity: P.O. Box 400, Austln, Texas 78767 800.695.2918 • blds@buyboard.com • buyboard.com 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 Opportuniry" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any Cooperative member purchase or contract that meets the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. � YES, I agree. 4. Davis-Bacon Act: ❑ NO, I do not agree. 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 www.sam.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor's acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland "Anti-Kickback" Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grents from the United States'�. The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. � YES, I agree. ❑ NO, I do not agree. 5. Contract Work Hours and Safety Standards Act: Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of inechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. � YES, I agree. ❑ NO, I do not agree. Initial/�� 22 of 68 Prtorosn� f0am5 COMM/SVCS v.10.04.2024 � s ! f i • 6. Right to Inventions Made Under a Contract or Agreement: If the Cooperative member's Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. � YES, I agree. 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401- 7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. � YES, I agree. 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) — A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. � YES, I agree. 9. Byrd Anti-Lobbying Amendment: ❑ NO, I do not agree. ❑ NO, I do not agree. ❑ NO, I do not agree. P.O. Box 400, Austln, Texas 78767 800.695.2979 - blds�buyboard.com - buyboard.com Byrd Anti-Lobbying Amendment (31 USC 1352) - Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). � YES, I agree. ❑ NO, I do not agree. 7 .� � Initial: � 23 of 68 PROrosn� FoaMs COMM/SVCS V.10.04.2024 � i � / / �. � • 10. Procurement of Recovered Materials: P.O. Box 400, Austln, Texas 78767 900.695.2919 • blds@buyboard.com • buyboard.com 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 Secbon 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 pracdcable, consistent with maintaining a satisfactory level of wmpetition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. � YES, I agree. ❑ NO, I do not agree. 11. Domestic Preferences for Procurements: Where appropriate and consistent with law, 2 CFR §200.322 contains certain considerations for domestic preferences for procurements which may be applicable to Cooperative members using federal funds. When required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member regarding Vendor's products, including whether goods, products, or materials are produced in the United States. � YES, I agree. ❑ NO, I do not agree. 12. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment 2 CFR §200.216 prohibits expending federal loan or grant funds to procure or obtain covered telecommunications equipment or services. To the extent applicable and when required by a Cooperative member, Vendor agrees to provide such information or certification as may reasonably be requested by the Cooperative member to confirm whether any telecommunications equipment or services provided by Vendor is covered telecommunications equipment or services under 2 CFR §200.216. � YES, I agree. ❑ NO, I do not agree. 13. General Compliance and Cooperation with Cooperative Members: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. � YES, I agree. ❑ NO, I do not agree. �� � Initial: 24 of 68 PiWPosn� FOaws COMM/SVCS v.10.04.2024 � i 1 I ! • P.O. Box 400, Auetln, Texas 78767 800.686.2979 • blde�buyboard.com • buyboard.com COMPLIANCE FORMS SIGNATURE PAGE By initialing pages and by signature below, I certify that I have reviewed the following forms; that the information provided therein is true, complete, and accurate; and that I am authorized by my company to make all certifications, consents, acknowledgements, and agreements contained herein: ■ Proposal Acknowledgements ■ Felony Conviction Disclosure ■ Debarment Certification ■ Resident/Nonresident Certification ■ Vendor Employment Certification ■ No Boycott Verification ■ No Excluded Nation or Foreign Terrorist Organization Certification ■ Historically Underutilized Business Certification ■ Construction-Related Goods and Services Affirmation ■ Acknowledgement of BuyBoard Technical Requirements • Deviation and Compliance � Vendor Consent for Name Brand Use ■ Confidential/Proprietary Information ■ EDGAR Vendor Certification Interstate Trailers, Inc. Company �' iz � � � � � �,�� w_�__ ,- �� Sid„�nat J g� �horized Company Official Matt Laws, President Printed Name and Title 06/03/25 Date 25 of 68 PaOVOSn� FOFtmS COMM/SVCS v.10.09,2024 � i ! i � L�=� P.O. Box 40Q, Austln, Texas 78767 800.695.2919 • blds�buyboard.com • buyboard_com PROPOSAL FORMS PART 2: VENDOR INFORMATTON FORMS INSTRUCTIONS: Proposer must completely and accurately provide all information requested in the following Vendor Information Forms or your Proposal may be rejected as non-responsive: ■ Vendor Business Name ■ Vendor Contact Information ■ Federal and State/Purchasing Cooperative Experience ■ Governmental References ■ Company Profile ■ Texas Regional Service Designation ■ State Service Designation ■ National Purchasing Cooperative Vendor Award ACJI'e2f11eflt (1/endors serving outside Texas only) ■ Local/Authorized Seller Listings ■ Manufacturer Dealer Designation ■ Proposal Invitation Questionnaire To the extent any information requested is not applicable to your company, you must so indicate on the form. VENDOR BUSINESS NAME By submitting a Proposal, Vendor is seeking to enter into a legal contract with the Cooperative. As such, Vendor must be an individual or legal business entity capable of entering into a binding mntract. Name of Proposing Company: Interstate Trailers, Inc. (List hhe /ega/ name of hhe company seeking to conbad wid� the Cooperative. Do NOT /ist an assumed name, dba, aka, etc: here. Such information may be provided be%w. If you are su6miKr'ng a joint proposal with another entrty to provide G5e same propased goods or services, each submitting endty shou/d complete a sepa�ate vendor informatra� fo�n. 5eparately operalrng legal business enlities, even if a(!'iliated enbhes, which propase to provide goods or services separately must submit Aheir own Proposals.J Please check (� one of the fol%wing: Type of Business: ❑ Individual/Sole Proprietor � Corporation ❑ Limited Liability Company ❑ Partnership ❑ Other (Specify: State of Incorporation (if appiicabie): Texas Federal Employer ldentification Number: �5-1834480 (I/endor must include a completed IRS W-9 form with their Propasal) Name by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note: Ifdilferent than the Name ofPropasing Company /isted above, on/y va/id trade names (dba, aka, elr.) of the Pro,or�sing Company may be used and a copy of your Assumed Name Certificate(s), if applicable, must be attached.) 26 of 6B Paorosn� FORMS COMM/SVCS v.10.041024 Form �'9 Request for Taxpayer Give torm to the (Rev. March 2024) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information. Before you begin. For guidance related to the pu►pose of Form W-9, see Purpose of Form, below. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.) INTERSTATE TRAILERS, INC. 2 Business name/disregarded entity name, if different from above. ri � � a c 0 ai G ao � V `02 +. y � � a� � .� ti a� d � 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes. ❑ Individual/sole proprietor � C corporation ✓❑ S corporation � Partnership ❑ TrusUestate ❑ LLC. Enter the tax classification (C = C corporation, S= S corporation, P= Partnership) . . . . Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) far the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemptian from Foreign Account Tax Compliance Act (FATCA) reporting code (if any) 3b If on line 3a you checked "Partnership" or "TrusUestate," or checked "LLC" and entered "P" as its tax classification, lies to accoun[s maintained and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check �'�P this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . . . . ,� outside the United Sta[es.) 5 Address (number, street, and apt. or suite no.). See instructions. Requester's name and address (optional) 1101 HERITAGE PKWY 6 City, state, and ZIP code MANSFIELD, TX 76063 7 List account number(s) here (optiona� �'� Taxpayer lden#ification Number tTIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give ihe Requester for guidelines on whose number to enter. � Certification Under penalties of perjury, I certify that: � Soeial security number I I I I— m— I I I or � Employer ldentitication number 7 5 — 1I8I3I4I4I8I0 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certitication instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. S�9n Signature of � �� �% 7iS/ Here U.S. person � �� Date / / General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024)