Proposal Forms COMM/SVCS v.08.11.2021
12007 Research Boulevard • Austin, Texas 78759-2439 ' PH: 800-695-2919 - buyboard.com
8. For software-related products, does your company permit escrow of source code and other items needed to provide the customer with continued use of the software in the event of Vendor bankruptcy or other issues which cause the functionality of the software to cease? Explain.
No. ClearGov's product is a turnkey, SaaS solution. We do not do custom software development work.
Proposal Forms COMM/SVCS v.08.11.2021
f) PURCHASING COOPERATIVE
12007 Research Boulevard • AustIn, Texas 78759-2439 ' PH: 800-695-2919 • buyboard.com
VENDOR REQUEST TO SELF-REPORT BUYBOARD PURCHASES
The General Terms and Conditions require that all Purchase Orders generated by or under any Contract awarded under this Proposal Invitation be processed through the BuyBoard and, except as expressly authorized in writing by the Cooperative administrator, Vendors are not authorized to process Purchase Orders received directly from Cooperative members that have not been processed through the BuyBoard or provided to the Cooperative. In accordance with this provision, Vendor may request authorization of the Cooperative administrator to self-report Cooperative member purchases if awarded a Contract under this Proposal Invitation. By making such a request, Vendor acknowledges and agrees that self-reporting is specifically subject to and conditioned upon (1) Vendor's agreement to the Additional Terms and Conditions for BuyBoard Self-Reporting which are included in this Proposal Invitation and incorporated herein for all purposes and (2) approval of this request in writing by the Cooperative administrator.
Note: IbIs form is NOT required as part of your proposal. You should sign and return thIs form ONLY if you wIsh to request authorIzatIon to self-report BuyBoard purchases. NrN request to self-report will not be effective, and Vendor shall not be authorized to self-report BuyBoard member purchases, unless and until (1) Vendor is awarded a Contract under this Proposal Invitation, and (2) the request has been approved in writing by the Cooperative administrator.
By my signature below, I hereby request authorization from the CooperatIve admInistrator to self-report BuyBoard purchases if my company is awarded a Contract. I certify that I am authorized by the above-named Vendor to approve thIs form, and I have receIved and read the AddItIonal Terms and ConditIons for BuyBoard Self-ReportIng Included in this Proposal Invitation and do hereby approve and agree to such terms and condItions on behalf of Vendor.
NAME OF VENDOR:
Signature of Vendor Authorized Representative
Printed Name:
Title:
Date:
kFor Cooperative Administrator Use Only)
Approved by BuyBoard Administrator:
Effective/Start Date for Self-Reporting:
Proposal Forms COMM/SVCS v.08.11.2021
12007 Research Boulevard • Austin, Texas 78759-2439 ' PH: 800-695-2919 • buyboard.com
PROPOSAL SPECIFICATION SUMMARY
The categories and items specified for this Proposal Invitation are summarized below. For full Proposal Specifications, you must review and complete the Proposal Specification information in the electronic proposal submission system in accordance with the Instructions to Proposers (or, if submitting a hard copy Proposal, timely request and complete the Proposal Specification Form in accordance with the Instructions to Proposers) Vendors shall submit catalog(s)/pricelist(s) with their Proposal response or the Proposal will not bePROPOSAL NOI considered . Vendors shall submit catalog(s)/pricelist(s) with the Proposal in a readily available and readable electronic format, Itewith Excel or searchable PDF preferred lrel
Section I: Software as a Service (SaaS) Products and Related Services
1. Discount (%) off catalog/pricelist for Software as a Service (SaaS) Products for Asset Management/Tracking Applications and Related Services - all types of software as a service products, web-based enterprise applications, or cloud-based operations management software with a delivery model that is provided on a subscription basis and hosted by software provider.
2. Discount (%) off catalog/pricelist for Software as a Service (SaaS) Products for Business/Financial Management Applications and Related Services - all types of software as a service products, web-based enterprise applications, or cloud-based operations management software with a delivery model that is provided on a subscription basis and hosted by software provider.
3. Discount (%) off catalog/pricelist for Software as a Service (SaaS) Products for Communications Management Applications and Related Services - all types of software as a service products, web-based enterprise applications, or cloud-based operations management software with a delivery model that is provided on a subscription basis and hosted by software provider.
4. Discount (%) off catalog/pricelist for Software as a Service (SaaS) Products for Curriculum/Instruction (K-12, special education, and higher education) Applications and Related Services - all types of software as a service products, web-based enterprise applications, or cloud-based operations management software with a delivery model that is provided on a subscription basis and hosted by software provider.
5. Discount (%) off catalog/pricelist for Software as a Service (SaaS) Products for Document/ Record Management Applications and Related Services - all types of software as a service products, web-based enterprise applications, or cloud-based operations management software with a delivery model that is provided on a subscription basis and hosted by software provider.
6. Discount (%) off catalog/pricelist for Software as a Service (SaaS) Products for Facility/Maintenance Management Applications and Related Services - all types of software as a service products, web-based enterprise applications, or cloud-based operations management software with a delivery model that is provided on a subscription basis and hosted by software provider.
7. Discount (%) off catalog/pricelist for Software as a Service (SaaS) Products for Grant Management Applications and Related Services - all types of software as a service products, web-based enterprise applications, or cloud-based operations management software with a delivery model that is provided on a subscription basis and hosted by software
8. Discount (%) off catalog/pricelist for Software as a Service (SaaS) Products for Information Technology Management Applications and Related Services - all types of software as a service products, web-based enterprise applications, or cloud-based operations management software with a delivery model that is provided on a subscription basis and hosted by software provider.
9. Discount (%) off catalog/pricelist for Software as a Service (SaaS) Products for Legal Cases and Courtroom Docket Management Applications and Related Services - all types of software as a service products, web-based enterprise applications, or cloud-based operations management software with a delivery model that is provided on a subscription basis and hosted by software provider.
provider
Proposal Forms COMM/SVCS v.08.11.2021
12007 Research Boulevard • Austin, Texas 78759-2439 ' PH: 800-695-2919 • buyboard.com
10. Discount (%) off catalog/pricelist for Software as a Service (SaaS) Products for Payroll/Performance Appraisal/Workforce Recruitment Management Applications and Related Services - all types of software as a service products, web-based enterprise applications, or cloud-based operations management software with a delivery model that is provided on a subscription basis and hosted by software provider.
11. Discount (%) off catalog/pricelist for Software as a Service (SaaS) Products for Student Services (Appraisal, Discipline, Orientation) Management Applications and Related Services - all types of software as a service products, web-based enterprise applications, or cloud-based operations management software with a delivery model that is provided on a subscription basis and hosted by software provider.
Section II: Cybersecuritv Assessments, Products and Related Services
12. Discount (%) off catalog/pricelist for Cybersecurity Assessments, Products and Related Services - all types of cybersecurity assessments and products used with networks and technology infrastructures including pre-breach mitigation monitoring services and breach mitigation services related to data/information security incidents.
Proposal Forms COMM/SVCS v.08.11.2021
12007 Research Boulevard • Austin, Texas 78759-2439 ' PH: 800-695-2919 ' buyboard.com
REQUIRED FORMS CHECKLIST
(Please check (V) the following)
[X]Reviewed/Completed : Proposer’s Acceptance and Agreement PROPOSAL FORMS PART 1: COMPLIANCE FORMS
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Proposal Acknowledgements
Felony Conviction Disclosure
Resident/Nonresident Certification
Debarment Certification
Vendor Employment Certification
No Boycott Verification
No Excluded Nation or Foreign Terrorist Organization Certification Historically Underutilized Business Certification
Acknowledgement of BuyBoard Technical Requirements
Construction-Related Goods and Services Affirmation
Deviation and Compliance
Vendor Consent for Name Brand Use
Confidential/Proprietary Information
EDGAR Vendor Certification
Compliance Forms Signature Page
PROPOSAL FORMS PART 2: VENDOR INFORMATION FORMS
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Vendor Business Name
Vendor Contact Information kcomplete in electronic proposal submission system) Federal and State/Purchasing Cooperative Experience
Governmental References
Company Profile
Texas Regional Service Designation Qcomplete in electronic proposal submission system) State Service Designation kcomplete in electronic proposal submission system) National Purchasing Ckx>perative Vendor Award Agrument (Vendors serving outside Texas only) Local/ Authorized Seller Listings
Manufacturer Dealer Designation
Proposal Invitation Questionnaire
Vendor Request to Self-Report BuyBoard Purchases (Optional) [X]Reviewed/Completed : Proposal Specifications Discount (c7,) off Catalog/Pricelist and/or other required pricing information including Catalogs/Pricelists (or no bid response) must be submitted with the Proposal or the Proposal will not be considered.
Proposal Forms COMM/SVCS v.08.11.2021
MBol
•e) PURCHASING COOPERATIVE
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com
GENERAL TERMS AND CONDITIONS
A. General Provisions
1. Statement of Inclusion/Applicability
These General Terms and Conditions ('Terms and Conditions') apply to this Proposal Invitation and the proposing company's response to this Proposal Invitation. These Terms and Conditions are an integral part of any Contract which is awarded by the Cooperative under this Proposal Invitation any related Cooperative member Purchase Order or Member Software Agreement as described in these Terms and Conditions.
2. Organization and Section Titles
The provisions of these Terms and Conditions are generally organized according to the stages of the procurement process: proposal, evaluation, award, and performance. This organization of and the section titles used in these Terms and Conditions are for convenience and reference only, and in no way define, describe, extend, or limit the scope or intent of the provisions of any section of this document. Unless otherwise stated, any listing of factors or criteria in these Terms and Conditions does not constitute an order of preference or importance.
3. Definitions
As used in this Proposal Invitation and associated documentation, the following terms have the meanings set out below unless the context requires otherwise, regardless of whether initial capitalization is consistently used. Words used in the singular include the plural, and words used in the plural include the singular. To the extent terms are defined or used differently in different Proposal Invitation documents, substance prevails over form:
"Awarded Items" has the meaning set for in section E.3 of the Terms and Conditions. "Awarded Pricing" has the meaning set forth in section E.4 of the Terms and Conditions. "BuyBoard®," "the BuyBoard," or "BuyBoard website" means the internet-based electronic commerce technology provided by the Cooperative Administrator, the Texas Association of School Boards, Inc. (TASB), to enable Cooperative members to purchase awarded goods and services electronically. "BuyBoard Administrator" or "Cooperative Administrator" means the Texas Association of School Boards, Inc. (TASB), 12007 Research Blvd, Austin, Texas 78759.
"Contract" or "BuyBoard Contract“ means the contract between the Cooperative and a successful Proposer (Vendor), which gives Vendor the opportunity to serve Cooperative members based on the Cooperative’s acceptance of all or part of the Vendor's Proposal, and is comprised collectively of the following :
(a) This Proposal Invitation;
(b) Vendor’s Proposal;
(c) Notice of Award issued to Vendor by the Cooperative; (d) Purchase Order between a Cooperative member and Vendor; and (e) Member Software Agreement. (A Purchase Order and/or Member Software Agreement between a Cooperative member and Vendor shall be deemed part of the Contract for the specific Cooperative member purchase only and for determination of the Service Fee as set forth in these Terms and Conditions. Purchase Order and Member Software Agreement terms shall apply between the Cooperative member and Vendor as to the specific Cooperative member purchase only but shall not alter or affect the Terms and Conditions of the Contract as between the Cooperative in its own right and Vendor.)
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com "Cooperative" means The Local Government Purchasing Cooperative (which may also be referred to as "Texas Cooperative" herein), including when acting by and through the Cooperative Administrator, unless a distinction is made otherwise.
"Cooperative member" or "member" means a local governmental entity (e.g., school district, city or county) or other governmental entity that is a member of the Cooperative and is eligible to purchase through a governmental purchasing cooperative or interlocal contract. Although not eligible to be a member of the Cooperative, "Cooperative member" as used in these Terms and Conditions may include the Cooperative Administrator’s non-profit entity subscribers when used in relation to a purchase from a non-profit subscriber. "Goods" or "Products" (which terms are used interchangeably) means the goods, products, equipment or other commodities and/or services that are the subject of this Proposal Invitation. "Member Software Agreement" means any and all additional written terms, conditions, or instructions, related to software products or services procured under a Contract awarded pursuant to this Proposal Invitation, which are required by a Cooperative member and accepted by a Vendor. The term includes subscription agreements, license agreements, hosted service agreements, or similar agreements which set forth terms, conditions, and requirements for the specific products and services purchased by the Cooperative member.
Depending upon the nature of the goods or services and the Cooperative member project for which they are procured, these requirements may include, but are not limited to:
1)
2)
3)
4)
5)
6)
Conditions and specifications required by the Cooperative member, including software configuration, compatibility, integration, accessibility, and right of access; Data storage, security, access, use, ownership, and other data-related requirements and terms for hosted services;
Rights and obligations in the event of data breach or loss or destruction of data; Updates, maintenance, and support services;
Intellectual property rights; and
Cyber and other insurance requirements.
"Proposal Invitation" means this Proposal Invitation and all associated documentation, including without limitation, these Terms and Conditions and any amendments hereto, additional terms and conditions specific to this Proposal Invitation, instructions, exhibits or attachments, forms, agreements, certifications, item specifications, appendices, and addenda.
"Proposal" means Proposer's complete and correct response to this Proposal Invitation, including all information, forms, agreements, certifications and other documentation required by this Proposal Invitation, properly submitted by Proposer's duly authorized representative. "Proposal Due Date" means the date and time specified in the Proposal Invitation, or any addenda thereto, by which Vendors are required to submit Proposals for this Proposal Invitation. "Proposer" or "Vendor" means the company or firm that submits a Proposal or, depending on the context, the proposing company to which the Cooperative awards a Contract under this Proposal Invitation. (For purposes of the forms associated with this Proposal Invitation, "you", "your", "I" or "my" refer to Proposer or Vendor, as applicable.)
"Purchase Order" means a Cooperative member’s fiscal form or other instrument which is used in making a purchase from Vendor under a Contract. A Purchase Order may include a written or electronic purchase order, record of an online order, record of a purchasing card (P card) purchase, or any other record or instrument used by a Cooperative member to document a Cooperative member’s authorized commitment to purchase awarded goods or services from a Vendor under a Contract.
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com "Vendor Invoice" means Vendor’s billing form or other instrument, written or electronic, documenting charges for goods or services delivered to the Cooperative member under a Purchase Order under a Contract.
4. Software-related Products and Services
This Proposal Invitation includes software-related products and services, . It is not the intent of the Cooperative for these Terms and Conditions to represent and reflect the complete agreement between a Cooperative member and a Vendor with respect to a specific procurement for software-related products and services under a BuyBoard Contract awarded pursuant to this Proposal Invitation.
A Cooperative member procuring software-related products and services under a BuyBoard Contract will likely negotiate and require Vendor to enter into a Member Software Agreement with additional terms that are specific to the Cooperative member’s software and service needs. For example, a Cooperative member may have specific requirements as to configuration, integration, data security and access, licensing requirements, maintenance, updates, insurance, and other requirements. The Member Software Agreement terms as agreed to by the Cooperative member and Vendor become a part of the BuyBoard Contract awarded under this Proposal Invitation, subject to the limitations of Section D.2 (Applicable Terms and Conditions; Ancillary Agreements).
B. Proposal Requirements
1. Specifications
Unless otherwise specified, the specifications are intended to be non-proprietary, and should be construed as such.
Catalog numbers, brand names, or manufacturer product or reference numbers used in the item specifications in this Proposal Invitation are intended to be descriptive, not restrictive. These references, as well as any approved brands and/or models listed, are intended to identify and indicate the type of product being sought and establish the level of quality desired. If any conflict exists in the item specifications between the product descriptions and any brand names or model or reference numbers used, the product descriptions will override the brand names or model number references
In some cases, however, the Cooperative may find it advantageous in order to provide best value to Cooperative members to standardize products by manufacturer in order to achieve efficiencies in procurement, repair, and operation, to match existing stock, or to satisfy other requirements. In these limited cases, preference will be given to the specific products identified as approved brands and/or models, especially if all other evaluation factors are deemed to be equal. For this reason, where specific brands or models are identified, Proposer is encouraged to propose the exact item specified, in addition to an alternate brand or model with equal/equivalent functionality or features where appropriate or necessary.
In all cases, Proposals must identify the manufacturer, brand, model, etc., of the item being offered. For Proposals on "equal/equivalent" items other than the specified approved brand and/or model, Proposer must supply a complete description and sufficient data for the Cooperative to properly analyze the product being proposed, including its functionality and features. In order to conduct such analysis, the Cooperative may request additional information from Vendor for items other than approved brands and/or models. If the specification identifies a specific brand or model for any item and Proposer fails to identify the manufacturer, brand, model, etc., for that item, the Cooperative will assume Proposer is proposing on the exact brand and model identified in the specification, and if awarded a contract, Vendor must furnish the exact brand name, model, etc., as specified. Substitutions will not be allowed after the contract is awarded, except as provided for in section E.8 (Product Updates and Substitutions) of these Terms and Conditions.
The apparent silence of the specifications as to any detail, or the apparent omission from any specification of a detailed description concerning any point, will be interpreted to mean that only the best commercial practices will prevail, and the specification will be construed accordingly.
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•61 PURCHASING COOPERATIVE
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com NOTE: Unless a different time period is stated in the General Information document of this Proposal Invitation, if Proposer discovers or suspects an error in any item specification in this Proposal Invitation, including that the specification is proprietary where not intended, Proposer must notify the Cooperative Administrator of the error in writing at [email protected] immediately, but in no event later than the 10th business day before the Proposal Due Date
2. Proposal Pricing
Pricing must be provided in the form required by the specifications and in accordance with the Proposal Invitation.
Unless otherwise provided in the specifications, if the specifications require "Line Item" or unit pricing, the Proposal must include a specific not-to-exceed price for the unit of measure specified for that item. Proposer is responsible for clearly noting any differences in proposed units of measure as a deviation in accordance with section B.4 (Deviations from Item Specifications or General Terms and Conditions) of these Terms and Conditions.
Unless otherwise provided in the specifications, if the specifications require "discount from catalog" or "discount from pricelist" pricing, Proposer must quote the discount percentage to be applied to all items in each published catalog or pricelist included in the Proposal. Proposer must submit each catalog or published pricelist proposed with the Proposal in electronic format and in accordance with the requirements of the Proposal Invitation. Catalogs and pricelists should contain only items that relate to the items requested in the specifications. Vendors are discouraged from including irrelevant or non-responsive information with their Proposal. The Cooperative reserves the right to deem a Proposal non-responsive if the catalogs or pricelists submitted do not specifically relate to the intent of the Proposal Invitation or contain what the Cooperative deems, in its sole discretion, excessive irrelevant or non-responsive information, including information which makes it burdensome or impractical for the Cooperative to identify responsive products and pricing
For installation, repair, and other services or labor, the specifications may require not-to-exceed labor rates or coefficient to be applied to a unit cost book. Proposers must provide pricing in the form required by the specifications and note any deviations in accordance with B.4 (Deviations from Item Specifications or General Terms and Conditions).
Proposer’s pricing must be equal to or better than pricing Proposer offers other similarly situated customers under similar circumstances, including those offered to other purchasing cooperatives. Pricing that is not considered equal or better could result in the Proposal being determined non-competitive and not considered for award.
Unless specified otherwise in this Proposal Invitation :
(a) A "cost plus" Proposal will not be accepted;
(b) Proposer will not include freight, transportation and delivery charges or costs, or sales tax in Proposal pricing. (Freight, transportation and delivery charges, if applicable, are to be pre-paid by the awarded Vendor and, subject to section E.5 (Packaging, Transportation, and Delivery) of these Terms and Conditions, included as a separate item on the invoice to the ordering Cooperative member); (c) Proposal pricing must include the service fee due pursuant to section E.12 (Service Fee) of these Terms and Conditions; and
(d) Proposal pricing must be firm for acceptance and the Cooperative’s period for acceptance will be at least 120 calendar days from the Proposal Due Date.
Proposal pricing must not include the cost of engineering, architectural or other services that are required to be separately obtained by a Cooperative member under the Texas Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) or other applicable law.) if Vendor is awarded a Contract, updates to pricing during the Contract term shall only be permitted in accordance with the requirements of section E.4 (Awarded Pricing) of these Terms and Conditions. Discount percentages off catalogs or pricelists must remain firm for the full Contract term
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•el PURCHASIN6 COOP£RATIV£
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com
3. Quality
Unless otherwise indicated in this Proposal Invitation, proposed products must be new and in first class condition, and must be warranted in the same manner and to the same extent as normally provided to other customers of Proposer.
Additionally, proposed products must conform to the highest standards of manufacturing practice, including, for all tangible goods included in this Proposal Invitation, containers suitable for shipment and storage. Unless otherwise specified, "factory seconds," "refurbished", or otherwise inferior items are not acceptable. All services must comply with applicable industry standards.
4. Deviations from Item Specifications or General Terms and Conditions Other than a deviation submitted in writing with the Proposal and accepted by the Cooperative, the Cooperative will hold Vendor accountable to the Cooperative and Cooperative members to perform in strict accordance with these Terms and Conditions and the item specifications as written. (For requirements for Member Software Agreements and ancillary agreements between Cooperative members and Vendors for specific purchases, see section D.2 (Applicable Terms and Conditions; Ancillary Agreements).)
Vendor must clearly note and explain in detail any and all limitations, exceptions, qualifications, special conditions, or other deviations (collectively "deviations’) from these Terms and Conditions or any of the item specifications in the Proposal on the Deviation and Compliance form (or an attachment thereto) at the time the Proposal is submitted.
Deviations must be specific to these Terms and Conditions or the item specifications and clearly identify the specific section or item to which the deviation applies. The Cooperative shall not be deemed to have accepted, and a Contract shall not be subject to, any term or condition included in Vendor's Proposal which differs from these Terms and Conditions unless Vendor has specifically identified the deviation on the Deviation and Compliance form and the deviation is accepted by the Cooperative.
The submission of a deviation or deviations may place Vendor at a competitive disadvantage or otherwise prevent the Cooperative from considering the Proposal on the affected item(s).
As set forth in Section A.4 (Software-Related Products and Services) and subject to Section D.2 (Applicable Terms and Conditions; Ancillary Agreements), a Cooperative member procuring products and services under a BuyBoard Contract may negotiate additional terms with Vendor that are specific to the Cooperative member’s product and service needs and may require Vendor to enter into an ancillary agreement or Member Software Agreement addressing such requirements. Vendor deviations at the Cooperative level regarding items applicable to a specific Cooperative member purchase are inappropriate and will not be accepted at the Cooperative level. Such items must be addressed directly with the purchasing Cooperative member and will only apply to a Cooperative member’s purchase if specifically accepted by the Cooperative member in writing in accordance with the requirements of Section D.2 (Applicable Terms and Conditions; Ancillary Agreements).
The following Terms and Conditions are not subject to deviation. Any attempted deviation by Vendor to such Terms and Conditions, whether directly or indirectly, shall be deemed rejected by the Cooperative and, unless otherwise withdrawn by Vendor, may result in Vendor's Proposal being rejected in its entirety
(a)
(b)
(C)
(d)
(e)
(f)
(g)
(h)
(i)
a)
Section B.9, Requirements of the Texas Public Information Act; Confidential Information; Section B.12, Certifications;
Section D.2, Applicable Terms and Conditions; Ancillary Agreements; Section E.6.b, Payments;
Section E.11, BuyBoard Vendor Information and Reporting of Cooperative Member Purchases Section E.12. Service Fee;
Section E. 13, Disclaimer of Warranty and Limitation of Liability; Section E. 14, Sales Tax;
Section E.15, Use of BuyBoard Logo and Trade Name;
Section E.16. Indemnification;
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e q PURCHASING COOPERATIVE
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com (k) Section E.17, Intellectual Property Infringement;
(1) Section E.18, Remedies for Default and Termination of Contract; (m) Section E.19, Force Majeure;
(n) Section F., Miscellaneous, including all subsections (F.1-F.12) thereto.
Further, any deviation by Vendor which, directly or indirectly, seeks to add terms or requirements substantively similar to the following shall be deemed rejected by the Cooperative and, unless otherwise withdrawn by Vendor, may result in Vendor's Proposal being rejected in its entirety:
(a) Any deviation seeking to supersede these Terms and Conditions with Vendor’s own agreement form, standard agreement, or terms and conditions;
(b) Any deviation seeking to require the Cooperative, Cooperative Administrator, or any Cooperative member to indemnify or hold harmless Vendor.
The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Vendor(s) regarding any submitted deviation(s), consistent with general procurement principles of fair competition. The Cooperative reserves the right to accept or reject a proposal based upon any submitted deviation.
5. Addenda
Any interpretation, correction or change to this Proposal Invitation will be made by written addendum, and updated information contained in an addendum will prevail over the information contained in the original Proposal Invitation or a previous addendum. The Cooperative, by and through the Cooperative Administrator, is the sole authority for the issuance of any addendum, and any communication related to this Proposal Invitation that is not from the Cooperative is invalid. Although the Cooperative may provide electronic notification when an addendum has been issued and the changes will be flagged, it is Vendor’s responsibility to monitor the BuyBoard vendor website for possible addenda and incorporate any posted addendum into the Proposal. Vendor must acknowledge each addendum in accordance with the instructions accompanying the addendum.
6. Samples
For any commodities included in this Proposal Invitation, the Cooperative, by and through the Cooperative Administrator, or Cooperative member may request a product sample. Proposer must furnish the requested sample at no cost to the Cooperative, Cooperative Administrator, or requesting Cooperative member, as applicable. The Cooperative Administrator or requesting Cooperative member must receive the sample within such reasonable specified time as requested. The submitted sample must be labeled with the Proposal Invitation name and number, item number, product identification number, and Vendor’s name. Vendor’s failure to submit a sample when requested will result in the product in question not being considered for award to Vendor.
The Cooperative Administrator or CooperatIve member may retain samples for a sufficient length of time for proper evaluation. If not destroyed or consumed during examination or testing and if Vendor has included a written return request with a submitted sample, the Cooperative Administrator or Cooperative member will return samples to Vendor at Vendor's expense. Notwithstanding the foregoing, the Cooperative Administrator or Cooperative member may permanently retain samples submitted by awarded Vendors for the purpose of determining that the quality and workmanship of awarded products delivered to Cooperative members is comparable to the samples. Neither the Cooperative, the Cooperative Administrator, nor a requesting Cooperative member will be liable for samples that are damaged, destroyed or consumed during examination or testing.
7. Proposal on All or Certain Items; Service Regions
Unless otherwise specified, Vendor may propose on any or all items. Vendor should answer all questions related to each item on which Vendor wishes to propose and indicate "No Bid" for those items on which Vendor does not wish to propose. Failure to complete any item in the specifications will be deemed a no bid on that item. The Cooperative will consider items individually and make awards on each item independently, except for related items for which compatibility will be an element of consideration. In such cases, small groups of items may be considered as a unit.
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com Vendor’s Proposal shall specify the regions and/or states that Vendor proposes to serve by completing the appropriate Proposal forms. Vendor shall specify only those regions or states for which Vendor is authorized either under applicable law and/or by the manufacturer to sell the proposed products. If Vendor proposes multiple products, and the regions or states which the Vendor is able to serve and proposes to serve differ by product, Vendor must specify the specific regions or states by product in its Proposal. A Vendor may not select a region or state in its Proposal where Vendor is unable or unauthorized to sell a proposed product. If it is determined that a Vendor is unable, unauthorized, or refuses to provide any awarded product(s) or service(s) in a region or state specified in Vendor's Proposal, such inability, lack of authorization, or refusal shall be an event of default and subject to all remedies up to and including termination of Vendor's Contract.
8. "All or Nothing" Awards
Unless otherwise indicated in this Proposal Invitation, "all or nothing" Proposals are not acceptable and will be rejected. Vendor must be willing to accept a partial award for any combination of the items or services proposed and must be willing to share the business with any other successful Proposers.
9.Requirements of the Texas Public Information Act; Confidential Information (a) Vendor Compliance.
The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Proposal Invitation and any awarded Contract, and Vendor agrees that the Contract can be terminated if Vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
Pursuant to Texas Government Code Sections 552.371 and 552.372, to the extent the Contract or any Purchase Order or Member Software Agreement thereunder has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by a governmental body or results in the expenditure of at least $1 million in public funds for the purchase of goods or services by a governmental body in a fiscal year of the governmental body, Vendor shall :
1) preserve all contracting information, as defined in Texas Government Code Section 552.003(7) C'Contracting Information’), related to the Contract or any Cooperative member Purchase Order or Member Software Agreement thereunder as provided by the records retention requirements applicable to the governmental body for the duration of the Contract (including any Purchase Order or Member Software Agreement thereunder); 2) promptly provide to the Cooperative or Cooperative member, as applicable, any Contracting Information related to the Contract that is in the custody or possession of Vendor on request of the Cooperative or Cooperative member; and
3)on completion of the Contract (including any Purchase Order or Member Software Agreement thereunder), either:
(A) provide at no cost to the Cooperative or Cooperative member, as applicable, all Contracting Information related to the Contract (including any Purchase Order or Member Software Agreement) that is in the custody or possession of Vendor; or
(B) preserve the Contracting Information related to the Contract (including any Purchase Order or Member Software Agreement thereunder) as provided by the record retention requirements applicable to the Cooperative or Cooperative member, as applicable.
The Cooperative may not accept a Proposal or award a Contract to a Vendor that the Cooperative has determined has knowingly or intentionally failed to comply with Texas Government Code Chapter 552, Subchapter J, in a previous Proposal or Contract unless the Cooperative determines and documents that Vendor has taken adequate steps to ensure future compliance with the requirements of said Subchapter.
12007 Research Boulevard • Austin, Texas 78759-2439 ' PH: 800-695-2919 • buyboard.com (b) Confidential/Proprietary Information.
Proposer must clearly identify information in the Proposal that Proposer considers proprietary or confidential by completing the Confidential/Proprietary Information form. Further, for any other information provided by Vendor to the Cooperative after Contract award (updated catalogs or pricelists, Vendor information, etc.), Vendor shall clearly mark and identify any information that Vendor considers proprietary or confidential. The Cooperative will treat such information as confidential only to the extent allowable under the Texas Public Information Act (Chapter 552 of the Texas Government Code) or similar disclosure law.
If Vendor fails to properly identify information that the Vendor considers proprietary or confidential, the Cooperative shall have no obligation to seek protection of such information from public disclosure should a member of the public or other third party request access to the information under the Texas Public Information Act or similar disclosure laws. The Cooperative and its Administrator will not be responsible for Vendor's failure to clearly identify information Vendor considers confidential or proprietary. Vendor may be notified of a third-party request for information that Proposer has identified in the Confidential/Proprietary Information form as proprietary or confidential when required by the Texas Public Information Act or similar disclosure law.
By submitting a Proposal, Vendor acknowledges that the Cooperative and the Cooperative Administrator will disclose information when required by law, even if such information has been identified herein as information Vendor considers confidential or proprietary.
10. Certain Professional Services Excluded
Neither this Proposal Invitation nor any Contract includes services that are required to be procured under the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code), including without limitation architecture and professional engineering services.
11. Withdrawal or Modification of Proposal
Vendor may withdraw or modify a submitted Proposal prior to the Proposal Due Date and time specified in this Proposal Invitation. A Proposal may be withdrawn only in strict accordance with this section.
Electronic Proposals Submissions: A Proposal submitted electronically through a website designated by the Cooperative for submission of electronic proposals may be withdrawn or modified prior to the Proposal Due Date and time through the same electronic proposal submission website. Vendor’s login to the electronic proposal submission website shall be used to verify Vendor’s identity. Vendor shall be solely responsible for ensuring only authorized use of its login, following all website instructions, and ensuring that the Proposal is properly withdrawn or modified prior to the Proposal Due Date and time.
Hard Copy Submissions: if a Vendor submitted a Proposal in hard copy electronic format via mail or in person, rather than electronic submission through the designated website, Proposer must submit a written request to the Cooperative Administrator to withdraw the Proposal. The request to withdraw must be signed by an individual authorized to enter into contracts on Vendor’s behalf and indicate the individual’s title. If the Cooperative Administrator has any question or doubt regarding Vendor's identity or the identity of its Proposal, withdrawal will not be allowed. If the Cooperative Administrator, decides to allow the withdrawal, Vendor's duly authorized representative may be required to complete and sign a written receipt satisfactory to the Cooperative Administrator before the proposal will be released. The decision of the Cooperative Administrator relating to matters concerning withdrawal of a Proposal is final.
A Vendor may resubmit a withdrawn Proposal, or submit a new Proposal, up until the Proposal Due Date and time, provided any new submission meets the requirements of this Proposal Invitation. If Vendor resubmits a Proposal that was withdrawn and makes any change to any document in the Proposal package, the change must be made in accordance with the Cooperative’s instructions for Proposal submissions, and Vendor will be deemed to have authorized such change.
PURCHASING COOPERATIVE
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com Proposals that are in the Cooperative's possession (including Proposals submitted through an electronic proposal submission website designated by the Cooperative) at the Proposal Due Date and time shall be deemed final, conclusive, and irrevocable; and no Proposal will be subject to withdrawal, amendment, or correction by a Vendor after the Proposal Due Date and time specified in this Proposal Invitation. However, pursuant to section B.4 (Deviations from Item Specifications or General Terms and Conditions), the Cooperative reserves the right, in its sole discretion, to seek clarification, communicate and resolve issues around deviations that were submitted in a Proposal, consistent with general procurement principles of fair competition.
12. Certifications
The Proposer’s Acceptance and Agreement and Proposal Acknowledgements forms, which are fundamental to and incorporated into this Proposal Invitation, require Vendor to certify to certain matters. Pursuant to and in accordance with such forms, and in addition to the matters set forth therein, Vendor certifies to the following with respect to this Proposal Invitation, the Proposal, and any Contract awarded under this Proposal Invitation. (a) Non-Collusion Certification
Vendor agrees and certifies to the following, and understands that the penalty for violating this non-collusion certification will be the immediate disqualification of Vendor's Proposal or, if the violation is revealed after Contract award, any remedies allowed by law or the Contract including termination of Vendor’s Contract:
1)
2)
Neither Vendor nor any business entity represented by Vendor has received compensation for participation in the preparation of the item specifications or these Terms and Conditions related to this Proposal Invitation; The Proposal has been arrived at independently and is submitted without collusion with any other Vendor, with any competitor or potential competitor, or with any other person or entity to obtain any information or gain any special treatment or favoritism that would in any way limit competition or give any Proposer an unfair advantage over any other Proposer with respect to the Proposal;
Vendor has not accepted, offered, conferred, or agreed to confer, and will not in the future accept, offer, confer, or agree to confer, any benefit or anything of value to any person or entity related to the Cooperative or any of its members in connection with any information or submission related to the Proposal, any recommendation, decision, vote, or award related to the Proposal, or the exercise of any influence or discretion concerning the sale, delivery, or performance of any product or service related to the Proposal; Neither Vendor, nor any business entity represented by Vendor, nor anyone acting for such business entity, has violated the Federal Antitrust Laws or the antitrust laws of this State with regard to the Proposal, and the Proposal has not been knowingly disclosed, and will not be knowingly disclosed, to any other Proposer, competitor, or potential competitor prior to the opening of Proposals; and No attempt has been or will be made to induce any other person or entity to submit or to not submit a Proposal. 3)
4)
5)
(b) Certification Regarding Ethics, Fair Competition, and Other Matters Vendor agrees and certifies to the following :
1)
2)
3)
4)
Vendor has, or has the ability to obtain, such financial and other resources, including inventories, as may be required to fulfill all the responsibilities associated with the Proposal; Vendor has a high degree of integrity and business ethics, and a satisfactory record of performance; Vendor is an authorized dealer, distributor, or manufacturer for the products or services offered in the Proposal for each region or state Vendor proposes to serve in the Proposal; Vendor has not been notified by any local, state, or federal agency with competent jurisdiction that its standing in any matters whatsoever would preclude it from submitting its Proposal and Vendor would in no other way whatsoever be disqualified to propose or receive any award or Contract related to this Proposal Invitation, and Vendor will comply with any reasonable request from the Cooperative to supply information sufficient to substantiate the foregoing representations;
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com Vendor has provided its valid, proper and correct business entity name and information in its Proposal, that such entity is operating in good standing with the proper authority from whatever state or local jurisdiction is required, and Vendor has obtained, and will continue to maintain during the entire term of the Contract, all permits, approvals, or licenses necessary for lawful performance of its obligations under this Contract; ne prices, prompt payment discount terms, delivery terms, distribution allowances and the quality and/or performance (including warranties) of the product or services offered in the Proposal are and will remain the same or better than those offered Vendor’s similarly situated customers under similar circumstances, including those offered through other purchasing cooperatives;
All pricing offered in the Proposal is and will remain fair and reasonable considering general market pricing for similar goods or services. Vendor has not and will not seek to engage in price gouging or price manipulation including, but not limited to, submitting artificially low pricing in pricelists, catalogs, or other pricing submitted with the Proposal or quotes to Cooperative members in an attempt to secure a Contract, Purchase Order, or Member Software Agreement and subsequently attempting to increase such proposed pricing citing market 5)
6)
7)
prICIng ;
8) The products and services offered in the Proposal represent the full and complete products and services Vendor seeks to provide if awarded a Contract. If awarded, except as permitted by Section E.8 (Product Updates and Substitutions) of the Terms and Conditions, Vendor will be limited to awarded products and services included in the Proposal and will not seek to sell non-awarded items using the Contract. 9) The Proposal complies with all federal, state, and local laws concerning these types of products or services, and Vendor will continue to comply with any applicable federal, state, and local laws related to Vendor’s activities in connection with the Contract;
10) Vendor will comply with any applicable prevailing wage rate requirements under the federal Davis-Bacon or state or local law, including Chapter 2258 of the Texas Government Code; 11) Vendor will maintain, at Vendor’s expense, any insurance, including without limitation such workers’ compensation insurance as may be required by state or local law or policy, necessary to protect the Cooperative and its members from all claims for bodily injury, death, or property damage that might arise from the performance by Vendor or its employees or its agents of any service under the Contract; however, the existence of such insurance does not relieve Vendor of full responsibility and liability for damages, injury, death, or loss as described or as otherwise provided for by law; and
12) Any false statement contained in the Proposal is a material breach of contract which will void the Proposal or any resulting Contract, and subject Vendor to removal from all proposal lists, and possible criminal prosecution.
13. Proposal Signatures
Vendor must submit its Proposal in strict accordance with the Cooperative’s instructions, including having an officer duly authorized by Vendor execute the Proposal. By signing, the signatory warrants that he or she has read and agrees to the terms of the Proposal and is authorized to execute same as a legally binding act of Vendor. A facsimile or electronic signature will be deemed an original.
14. No Reimbursement
Vendor understands and acknowledges the Cooperative will not reimburse or pay Vendor for any expenses Vendor incurs in preparing its Proposal or providing additional information required in connection with the Proposal.
C. Proposal Evaluation
1. General
A Proposal submitted in accordance with this Proposal Invitation will initially be considered for award; however, initial consideration of a Proposal will not constitute an assessment of its meeting the necessary qualifications, and a Proposal may be disqualified at any time during the evaluation process for failure to meet any other terms or conditions contained anywhere else in this Proposal Invitation.
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com
2. Best Value Criteria
The Cooperative evaluates Proposals on the basis of best value to Cooperative members. In evaluating Proposals and determining best value for all Cooperative members, the Cooperative will consider the following criteria :
Best Value Criteria
Price Competitiveness
e
e
IBn Cooperative Membersof Servici
6 'oposal Invitationluirement listed in thisother relevant factor or The Cooperative’s evaluation may include Vendor's responses to the forms and other attachments or information included with a Proposal or associated with this Proposal Invitation, including but not limited to Vendor’s responses to the Proposal Invitation Questionnaire, as well as any other information at its disposal deemed relevant by the Cooperative in its sole discretion. Only responsive Proposals will be evaluated. Failure to include all required information may result in a Proposal being deemed non-responsive.
As a general matter, the Cooperative seeks to make competitive and indefinite quantity awards to Proposers that give the same or better discounts/pricing than they give their best governmental clients and can provide best value to Cooperative members. Proposers should provide competitive pricing that is the same or better than the pricing provided their best governmental clients. Each Proposal is evaluated on its own merit and determined to be fair and reasonable, including by comparing the price/discounts that Vendor offers other governmental clients.
If this Proposal Invitation requires discount pricing, discount practices may be examined and evaluated, in the Cooperative’s sole discretion, based on historical data, sales information, discounts granted to other governmental clients, and/or other market research techniques. The Cooperative may award Contracts to multiple Proposers supplying comparable products or services, also known as a multiple award schedule, or award the Contract to a single Proposer. The Cooperative’s decision to make multiple awards or a single award will be based upon the Cooperative’s sole discretion regarding the type of award that provides best value to all Cooperative members.
In regard to Vendor past performance, among other factors, the Cooperative may consider a Vendor's breach of contractual obligation on any other active or prior Cooperative contract awarded to Vendor including, but not limited to, nonpayment of service fees by Vendor, its parent company or affiliates and/or Vendor’s failure to generate any rninimurn amount specified in a prior-awarded Cooperative contract.
The Proposal Invitation may also require Proposers to provide certain information in the Proposal Forms for which the Cooperative does not evaluate the Proposer’s responses as part of the award criteria set out in this Section C.2. The Cooperative requests such information because it may be relevant to federal, state or local procurement law or other requirements that apply to various Cooperative members. (Cooperative members may also require and request Vendors provide additional certifications and information to meet the Cooperative member's specific procurement requirements prior to making purchases under an awarded Contract.) This information, which will be made available to Cooperative members with respect to awarded Vendors, includes the following :
(a) Resident/Nonresident Certification;
(b) Vendor Employment Certification;
(c) Historically Underutilized Business Certification
(d) EDGAR Vendor Certification.
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12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com
3. Cooperative Board Decision
The Cooperative reserves the right to waive any or all irregularities, formalities, or other technicalities and to be the sole and independent judge of quality and suitability of any products or services offered. The Cooperative may accept or reject a Proposal in its entirety or may reject any part of a Proposal without affecting the remainder of that Proposal and may award individual items in this Proposal Invitation in any combination or in any way that provides best value to Cooperative members based on the criteria set out in section C.2 (Best Value Criteria) of these Terms and Conditions. The Cooperative may use all means and information at the collective disposal of the Cooperative, Cooperative Administrator, and Cooperative members to evaluate Proposals. The final decision as to the best overall offer(s), including as to pricing and suitability of the proposed products or services to meet the needs of and provide best value to Cooperative members, rests solely with the Cooperative’s Board of Trustees.
The Board’s decision may be protested only in accordance with the Board’s protest procedure policy, which is available from the Cooperative Administrator upon written request. Pursuant to the Board’s protest procedure policy, a protest challenging the terms, conditions or form of notice of this Proposal Invitation and accompanying documentation must be received by the Cooperative no later than 5:00 p.m. CST the fifth business day before the Proposal opening date, and a protest challenging an award decision, including proposal evaluations, no later than 5:00 p.m. CST the fifth business day after the award is posted on the BuyBoard vendor website.
D. Contract Award
1. Notice of Award and Related Matters
A Proposal is an offer by Vendor to contract with the Cooperative and Cooperative members in accordance with this Proposal Invitation, including without limitation the item specifications and these Terms and Conditions. A Proposal does not become a Contract unless and until the Proposal is accepted by the Cooperative through the issuance of a written Notice of Award to a successful Proposer, whereupon the Contract becomes binding and enforceable. The Contract may then be utilized by a Cooperative member by the member issuing a Purchase Order and/or Member Software Agreement, as defined in section A.3 (Definitions) and further described in section A.4 (Software-Related Products and Services), for the awarded products or services. Vendor must honor all Purchase Orders issued by Cooperative members and Member Software Agreements entered into pursuant to this Contract during the Contract term in accordance with these Terms and Conditions. The Cooperative may maintain Vendor’s contract documents in electronic format for the duration of the Contract term.
The Cooperative reserves the right to allow awarded Vendors to add additional service regions, at the Awarded Pricing, to the Vendor’s Contract during the Contract term.
As provided for in detail in section E.11 (BuyBoard Vendor Information and Reporting of Cooperative Member Purchases), all Purchase Orders must be processed through the BuyBoard. All deliveries and financial transactions related to the Purchase Order will occur directly between Vendor and the ordering Cooperative member. As provided for in detail in section E.11(c) (Vendor Invoices), Vendor must provide copies of Vendor Invoices for Cooperative member purchases to the Cooperative Administrator.
2. Applicable Terms and Conditions; Ancillary Agreements By submitting a Proposal, Vendor specifically agrees that these Terms and Conditions shall apply, subject to any deviations properly submitted by Proposer and approved by the Cooperative in accordance with section B.4 (Deviations from Item Specifications or General Terms and Conditions). Following award, Vendor shall not seek to impose on a Cooperative member additional terms, conditions, or ancillary agreements that are inconsistent with, or intended to supersede, the Contract Terms and Conditions. Further, Cooperative members and Vendors do not have the authority to modify these Terms and Conditions.
However, nothing herein shall prevent the Cooperative member and Vendor from negotiating Member Software Agreements or other additional ancillary terms applicable to a specific purchase or purchases, consistent with the requirements of these Terms and Conditions, including but not limited to :
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com (a) Detailed product or service requirements for the specific Cooperative member purchase; (b) Product delivery times and requirements for the specific Cooperative member purchase; (c) Performance and/or payment bonds from Vendor as may be required by law or policy or deemed necessary or appropriate by the Cooperative member;
(d) Requirements for Vendor to carry and provide proof of insurance as may be required by law or policy or as deemed necessary or appropriate by the Cooperative member; (e) Requirements for background checks at Vendor's expense on Vendor employees who will have direct contact with students or staff. or for other reasons;
(f) Other requirements applicable to the purchase as may be required by law, local policy, or deemed necessary or appropriate by the Cooperative member.
Any Member Software Agreement or other ancillary terms between a Cooperative member and Vendor must be in writing and signed by a representative of the Cooperative member with all necessary authority to accept the agreement and bind the Cooperative member. All risk of confirming proper authority shall lie with Vendor.
For any ancillary agreement which seeks to incorporate software-related subscription agreements, license agreements, website terms and conditions, terms of use, privacy policies, or similar terms, Vendor must provide such terms to the Cooperative member in their entirety in advance of purchase. Such terms (including any Vendor amendments thereto) shall be subject to negotiation by the Cooperative member and shall only be effective and binding on the Cooperative member if specifically approved in writing and signed by a representative of the Cooperative member with all necessary authority to bind the Cooperative member.
By submitting a Proposal, Vendor understands and acknowledges that Cooperative members are governmental entities, and any provision in any Member Software Agreement or ancillary agreement which requires the Cooperative member to indemnify or hold harmless Vendor, or any other provision not allowed by the laws applicable to the purchasing Cooperative member, shall be void and of no effect. Vendor further acknowledges and agrees that, notwithstanding anything in any Member Software Agreement or ancillary agreement, including a product warranty, to the contrary, the laws applicable to such agreement shall be the laws of the state in which the Cooperative member is located. This provision supersedes any provision in any Member Software Agreement or ancillary agreement to the contrary.
Any attempt by Vendor to deviate from this section in Vendor’s Proposal shall be deemed rejected. Further, any attempt by an awarded Vendor to impose terms and conditions on a Cooperative member that are inconsistent with the requirements of this section shall be an event of default under the Contract and subject to all remedies up to and including termination of Vendor’s Contract.
Nothing in any Member Software Agreement or ancillary agreement between a Cooperative member and Vendor shall affect the Terms and Conditions of the Contract as between the Cooperative and Vendor
3. Piggyback Contract and Other Entity Clause
It is the Cooperative’s intent that other governmental entities throughout the United States, as well as the administrator’s nonprofit entity BuyBoard subscribers, have the opportunity to purchase the goods or services awarded under the Contract at the same pricing and according to these Terms and Conditions, subject to applicable state law, through a piggy-back award or similar agreement. To the extent applicable, Vendor must offer and sell the awarded goods and services to such other organizations and entities in accordance with Vendor’s Proposal, includIng without limitation the State Service Designation form and the National Purchasing Cooperative Vendor Award Agreement,
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12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com E. Contract Performance
1. Contract Term
(a) Term. The term of the Contract is for the initial term stated in this Proposal Invitation, which term begins on the date specified in the Notice of Award. Unless otherwise stated in this Proposal Invitation, the Contract may be renewed for two additional one-year terms as provided for in this section E.1. In the event the Contract term will expire before the Cooperative awards a successor contract for the categories of awarded products or services, the Contract may be extended beyond the expiration date on a month-to-month basis, or such other term as determined by the Cooperative, upon the agreement of the Cooperative and Vendor, provided that the Awarded Pricing does not increase during such extension. A reference to "Contract term" in these Terms and Conditions means the initial term and any renewal term.
(b) Survival. The Contract shall govern the Vendor’s and the Cooperative member's rights and obligations with respect to any Purchase Order and/or Member Software Agreement issued during the Contract term and afterwards with respect to any Purchase Order and/or Member Software Agreement or purchase bound by the Cooperative member for specified goods or services before the Contract award period ended. This includes, but is not limited to, the Vendor’s obligations to pay to the Cooperative all applicable service fees as required by section E.12 (Service Fees) of these Terms and Conditions for such Purchase Orders and/or Member Software Agreements. (c) Renewals. Vendor has no right to or vested interest in a Contract renewal. The Cooperative will evaluate the Contract award prior to the expiration of the then current Contract term (initial or renewal) and reserves the right to not renew the Contract based on factors that may include, but are not limited to, the annual amount of business, Vendor’s performance (including, but not limited to, compliance with the Terms and Conditions), and the continued provision of best value to Cooperative members. With respect to annual amount of business, Vendor must generate the minimum amount specified in the General Information document associated with this Proposal Invitation through the Contract, during both the initial and the first renewal term, or may not be offered a second renewal term. A Vendor’s failure to generate this minimum amount may also be considered by the Cooperative as part of Vendor's past performance evaluation on future proposal invitations. A renewal must be agreed to by the Cooperative and Vendor. Vendor must promptly, and before the start of the renewal term, notify the Cooperative in writing if Vendor does not accept a renewal offered by the Cooperative or Vendor will have been deemed to have accepted the renewal
2. Prevailing Wages, Bonding and Insurance Requirements Vendor must comply with any applicable prevailing wage rate requirements under the federal Davis-Bacon and/or state or local law, including but not limited to Chapter 2258 of the Texas Government Code.
Vendor must provide any applicable performance and payment bonds as required by law, including but not limited to Chapter 2253 of the Texas Government Code, or as requested by a Cooperative member.
Vendor must maintain appropriate and sufficient insurance, including without limitation such workers’ compensation insurance as may be required by state or local law or policy and cyber insurance, necessary to protect Vendor and the Cooperative and its members from all claims for bodily injury, death, property damage, or other loss that might arise from the performance by Vendor or its employees or agents of any service under the Contract; however, the existence of such insurance does not relieve Vendor of full responsibility and liability for damages, injury, death, or loss as described or as otherwise provided by law.
3. Awarded Items Only May Be Sold; Conformity to Item Specifications If awarded a Contract, Vendor may only offer under the Contract those products and services included in Vendor’s Proposal and awarded to Vendor by the Cooperative C'Awarded Items’). For awards based on catalogs or pricelists, Awarded Items shall include only those items within the specification category or categories awarded to Vendor that were included in the catalog(s) or pricelist(s) submitted with Vendor’s Proposal or as updated when and if permitted
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12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com by section E.8 (Product Updates and Substitutions). Any attempt by Vendor to sell items other than Awarded Items under the Contract shall be an event of default under the Contract.
Vendor warrants that the Awarded Items Vendor provides under the Contract will conform to the item specifications and other requirements of this Proposal Invitation (except to the extent and as specifically noted as deviations in Vendor’s Proposal), and will be free from all defects in material, workmanship and title. Vendor further warrants that (i) Vendor has obtained, and will continue to maintain during the entire term of the Contract, all permits, approvals, and/or licenses necessary for lawful performance of Vendor’s obligations under the Contract; (ii) Vendor will comply with all applicable state, federal and local laws, rules, and regulations in regard to Awarded Items, and (iii) all Awarded Items provided under the Contract meet all applicable legal standards and requirements, including OSHA standards and regulations, and that any electrical items bear the appropriate listing from US, FMRC, NEMA, or UL Laboratories
If Vendor provides a product that does not conform to an item specification, including delivering a product other than the specific brand and model of the product awarded, the ordering Cooperative member may reject the product when delivered and terminate the Purchase Order or Member Software Agreement, as applicable, at no cost or penalty to the member
If Awarded Items include chemicals or other products that customarily require Material Safety Data Sheets (MSDS), Vendor must include the MSDS with the first shipment of the product to a Cooperative member during the Contract term. Vendor must provide additional MSDSs to Cooperative members upon request, promptly and at no additional cost
4. Awarded Pricing
Awarded pricing shall be based on the line item or unit pricing, discount off catalog or pricelist, not-to-exceed hourly labor rates, or other pricing structure as set forth in the Proposal Invitation, submitted in Vendor's Proposal, and approved by the Cooperative C'Awarded Pricing'). Except as provided in this section E.4 or otherwise in this Proposal Invitation, Vendor shall hold Awarded Pricing firm during the Contract term. (a) Price Increases
Except as expressly permitted by these Terms and Conditions, Vendor has no contractual right to make price increases during the Contract term. The Cooperative reserves the right to reject any or all price increases it deems not representing best value to Cooperative members.
1) Line Item/Unit Pricing
Unless otherwise provided in the Proposal Invitation, for awards based on not-to-exceed line item or unit pricing, Vendor may submit updated pricing reflecting manufacturer or similar market-wide price increases that occur during the Contract term to the Cooperative, subject to the following requirements:
(A) No price increases will be permitted or accepted between the time of Vendor's Proposal submission and Contract award.
(B) Unless otherwise provided in the Proposal Invitation or approved by the Cooperative Administrator in writing, Vendor shall be required to keep the Awarded Pricing firm for the first year of the Contract Term; thereafter, Vendor may submit updated pricing no more frequently than annually for each subsequent year of the Contract Term.
(C) Vendor must promptly provide all such supporting documentation, including manufacturer documentation, as the Cooperative, by and through the Cooperative Administrator, may require to support price increases; (D) Information on price increases must be provided in such format as may reasonably be required by the Cooperative Administrator;
(E) All price increases must be supported by manufacturer price changes or similar market changes; and
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12007 Research Boulevard ' Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com (F) Updated pricing must be limited to Awarded Items or the updated pricing may be rejected in its entirety.
The Cooperative may deem any attempt by Vendor to included non-awarded items in updated pricing as an attempt to sell non-awarded items which is an event of default under the Contract. 2) Discount Off Catalog or Pricelist
For awards based on discount off catalog or pricelist, Vendor shall hold all awarded discount percentages firm during the Contract term. However, Vendor may submit updated pricelists or catalogs reflecting manufacturer or similar market-wide price increases that occur during the Contract term to the Cooperative, subject to the following requirements :
(A) No catalog or pricelist price increases, including website-based catalogs or pricelists, will be permitted or accepted between the time of Vendor’s Proposal submission and Contract award; (B) Following Contract award, Vendor may submit updated pricelists or catalogs to the BuyBoard no more frequently than 180 days from the date of Vendor’s last pricelist or catalog unless otherwise provided in the Proposal invitation or otherwise approved by the Cooperative Administrator in writing; (C) Vendor must promptly provide all such supporting documentation, including manufacturer documentation, as the Cooperative, by and through the Cooperative Administrator, may require to support price increases; (D) Pricelists or catalogs must be provided in such format as may reasonably be required by the Cooperative Administrator;
(E) All price increases must be supported by manufacturer price changes or similar market changes; and (F) Updated pricelists or catalogs must be limited to Awarded Items or the pricelist/catalog may be rejected in its entirety. The Cooperative may deem any attempt by Vendor to include non-awarded items in updated pricelists/catalogs as an attempt to sell non-awarded items which is an event of default under the Contract. 3) Labor Rates
Unless otherwise provided in the Proposal Invitation, for Awarded Pricing based on not to exceed hourly labor rates, Vendor may not increase Awarded Pricing during the Contract term unless changes to prevailing wage rates under state, local, or federal law applicable to the work to be performed support higher rates. In such event, the Vendor must notify the Cooperative and, upon request, promptly provide such documentation as the Cooperative may require to support the requested labor rate increase. Unless required by law, no rate increases will be permitted or accepted between the time of Vendor's Proposal submission and Contract award. Following Contract award, Vendor may submit updated labor rates no more frequently than 180 days from Vendors last hourly labor rate submission unless otherwise provided in the Proposal Invitation, otherwise approved by the Cooperative Administrator in writing, or otherwise required by law.
For Awarded Pricing based on a coefficient to be applied to a unit price book, coefficients shall remain firm for the full Contract Term and are not subject to change.
(d) Price Decreases
Regardless of the pricing method specified, in the event Vendor decreases the price of awarded products or services below the Awarded Pricing for Vendor's other customers in similar market circumstances, Vendor must ofFer such decreased pricing to Cooperative members under the Contract.
Further, Cooperative members may negotiate with Vendor, through the BuyBoard request for quotes (RFQ) function or otherwise, to obtain lower prices for Awarded Items based on volume or other factors. Nothing herein shall prohibit Vendor from offering pricing lower than the Awarded Pricing. (e) Exceeding Awarded Pricing Prohibited
If it is determined that a Vendor has sold Awarded Items to Cooperative members through the Contract at a price higher than the applicable Awarded Pricing, Vendor shall be in default of its Contract and subject to all remedies up to and including termination.
PURCHASING COOPERATIVE
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com (f) Service Fee Included in Awarded Pricing
Unless specified otherwise in this Proposal Invitation, the service fee due pursuant to section E.12 (Service Fee) of these Terms and Conditions is included in the Awarded Pricing.
5. Packaging, Transportation, and Delivery
Unless otherwise provided for in this Proposal Invitation, all tangible goods, if any, included in this Proposal Invitation must be packaged in containers that are new, appropriately designed for the product, and sturdy enough to protect the product during loading, transit, unloading, and storage, and be suitably packed to secure the lowest transportation costs. Products for which palletizing is appropriate must be delivered on standard and industry acceptable pallets for the products to be delivered in good, serviceable condition.
Vendor is responsible for paying all freight, delivery, handling and other charges incurred in transporting and delivering products to a Cooperative member, and for the risk of loss until the product is delivered to and accepted by the Cooperative member. Freight, delivery, handling and other charges incurred in transporting and delivering products to a Cooperative member are to be prepaid by Vendor. Vendor may collect the actual amount of such charges after delivery and acceptance, provided that the charges (a) are reasonable, (b) were disclosed to the Cooperative member, if requested, and in all instances in which the charges exceed ten percent (10%) of the total cost of the order, prior to shipment; (c) are itemized and shown separately on the member’s invoice; and (d) are supported by appropriate documentation submitted with the invoice.
Except for items that have hidden defects or that do not meet specifications, title and risk of loss to products pass to a Cooperative member upon the member’s actual receipt and acceptance of the product at the point and time of delivery. Unless otherwise noted in the Proposal (as a deviation) or provided in the Purchase Order or Member Software Agreement, Vendor must deliver or provide awarded products or services within 10 business days after receipt of a Cooperative member’s Purchase Order. Vendor must immediately notify the Cooperative member's primary contact of any anticipated or actual delay and document the notice in writing, and the member may extend the delivery time or cancel the order if the delay is unacceptable. If the Cooperative member has not received notice of the delay as required by this section, the member may, at its discretion, return to Vendor any items received after the due date, at Vendor’s expense and without liability or penalty to the member. When the needs of a Cooperative member require immediate response, the right to pick up tangible goods, if part of this Proposal Invitation, on an "over the counter" basis must be available for the majority of the awarded tangible goods. In these circumstances, the Cooperative member’s personnel may pick up the products at Vendor’s warehouse location. Additionally, a Cooperative member may request emergency delivery, and Vendor must use its best efforts to comply with rush or emergency requests. If Vendor cannot fulfill the emergency delivery requirement, the member may procure the products or services from alternative sources without penalty. Time is of the essence in Vendor’s performance of the Contract
6.Packing Lists, Invoices and Payments
(a) Packing Lists, Vendor Invoices
Packing lists or other suitable shipping documents must accompany each shipment of tangible goods included in this Proposal Invitation and state: (a) Vendor's name and address; (b) Cooperative member’s name and address or delivery location; (c) Cooperative member’s Purchase Order number; (d) descriptive information identifying the item(s) delivered, including quantity, item number, product code, item description, and total number of containers; and (e) copies of all product warranties for the item(s) delivered. Vendor must submit separate invoices, in duplicate, on each Purchase Order after each delivery. Invoices must (a) contain the information stated above; (b) separately itemize any transportation and delivery charges, and include associated documentation; (c) include a properly signed copy of the delivery receipt; and (d) be mailed directly to the ordering Cooperative member. Unless specified otherwise in this Proposal Invitation, the service fee due pursuant to section E.12 (Service Fee) of these Terms and Conditions is included in the Awarded Pricing and must not be separately itemized in the invoice.
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•el PURCHASING COOPERATIVE
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com Vendor shall provide copies of Vendor Invoices to the Cooperative in accordance with the requirements of section E.11(c) (Vendor Invoices).
(b) Payments
Payment by the Cooperative member is due after a Cooperative member’s receipt and acceptance of ordered products or services and the documentation identified above, including a complete and correct invoice, in accordance with the Texas Prompt Payment Act (Chapter 2251 of the Texas Government Code). A Cooperative member is not responsible for products delivered or invoiced without a valid purchase order number.
A Cooperative member's obligation to Vendor is payable only and solely from funds available for the purpose of the purchase. Lack of funds will render a Cooperative member's Purchase Order and/or Member Software Agreement null and void to the extent funds are not available and any delivered but unpaid product will be returned to Vendor. Neither the Cooperative nor TASB is liable or responsible for any payment owed Vendor by a Cooperative member under the Contract.
7. Product Inspection, Testing, and Defective Items
Products supplied under the Contract must be delivered in the best possible condition, be covered by the product warranties provided by Vendor and/or the product manufacturer to other customers, and are subject to inspection, testing, and approval by the Cooperative or a Cooperative member. Tests may be performed on samples taken from any regular shipment of the product. In the event a tested product fails to meet or exceed all requirements of the item specifications, these Terms and Conditions, and/or any Member Software Agreement, Vendor must pay the cost of the samples and/or the testing. Upon receipt of notification from the Cooperative or Cooperative member, Vendor must replace and, for tangible goods, pick up the defective product within five business days or on the next service date, whichever is sooner, without charge for the replacement or delivery. Additionally, the Cooperative or member may dispose of defective products that are not picked up and replaced by Vendor, without cost. Products damaged in shipment are considered defective for purposes of the foregoing. Latent defects discovered after delivery and acceptance of any products may result in revocation of the acceptance of such products. The Cooperative or Cooperative member must have access to Vendor’s place of business during normal business hours for the purpose of inspecting any awarded product.
8. Product Updates and Substitutions
Vendor’s Proposal must specify the products or services Vendor proposes to provide under each category of the Proposal Invitation specifications. Vendor shall only be permitted to provide those products or services specified in the Proposal for the category or categories under which Vendor is awarded under the Contract. Except as provided in this section E.8, the Cooperative will not accept additions or substitutions to any of the product(s) listed in the Proposal after a Notice of Award has been issued.
(a) Updated Catalogs
If a manufacturer catalog submitted with Vendor’s proposal is later updated with products within the same Proposal Invitation category or categories, including new products not previously available in the awarded product category, Vendor may substitute the updated catalog for the awarded product or catalog. Notwithstanding the forgoing, updated catalogs shall not be permitted to include any of the following:
1)
2)
3)
4)
Items that are outside the category or categories under which Vendor was awarded; Items that, in the reasonable discretion of the Cooperative, do not meet the intent of the awarded specification category;
Items that were available in the market at the time of the submission of Vendor’s Proposal which Vendor either elected not to include or neglected to include with Vendor’s Proposal; or Products from manufacturers or brands not specifically included in Vendor’s Proposal in the applicable specification category.
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•q PURCHASING COOPERATIVE
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com (b) Substitutes
If an awarded product or catalog of products is discontinued by the manufacturer and the same manufacturer offers an equivalent replacement product or catalog, Vendor may substitute the replacement product or catalog for the awarded product or catalog.
Vendor shall submit all reasonable supporting documentation requested by the Cooperative Administrator regarding any catalog updates or product or catalog substitutions. The Cooperative, by and through the Cooperative Administrator, reserves the right to reject, in its sole discretion, any catalog updates or product or catalog substitutions.
9. Product and Service Guarantees and Warranties
Vendor shall extend such warranties on Awarded Items, including the installation thereof if such installation is provided by Vendor, as are normally provided to other customers of Vendor. All services shall be performed in a good and workmanlike manner consistent with industry standards. Unless a deviation is submitted by the Vendor with its proposal and accepted by the Cooperative pursuant to section B.4 (Deviations from Item Specifications or General Terms and Conditions) or unless a different warranty is required by a Cooperative member Purchase Order, Member Software Agreement, or ancillary agreement, a minimum of a 90-day product or service guaranty or the manufacturer’s standard commercial warranty, whichever is greater, will apply to all awarded products and services.
At a minimum, all product warranties must provide for replacement of defective merchandise, parts, and labor, and include pick-up of the defective merchandise from the location specified by the Cooperative member and delivery of the replacement(s) to the same location. In addition, such warranty shall include curing any defects in connection with any Vendor installation of the product at no additional cost to the member. The warranty period is effective from the date the Cooperative member accepts the product or the date the service is completed and accepted by the Cooperative member. No waiver of implied warranties shall be effective unless explicitly approved by a Cooperative member in writing in accordance with section D.2 (Applicable Terms and Conditions; Ancillary Agreements).
Vendor shall respond to any reasonable requests for information from the Cooperative, the Cooperative Administrator, or a Cooperative member pertaining to concerns regarding public health or safety in relation to Awarded Items and provide such documentation as may be reasonably requested. In the event of any product recalls affecting Awarded Items, Vendor shall notify the Cooperative Administrator and any Cooperative members who made purchases from Vendor for such recalled products in writing as soon as practicable of the recall and proposed action. At a minimum and without waiving any other requirements under the Contract, law, or Cooperative member Purchase Order, Member Software Agreement, or ancillary agreement, Vendor shall be required to take all action required by law or greater remedy as may be offered by Vendor to other customers with respect to recalled products, including but not limited to, prompt replacement and/or refunds.
IO. Multiple Distribution Centers, Single Point of Contact, and Designated Dealers If tangible goods are included as part of Vendor’s Awarded Items and Vendor delivers products out of more than one warehouse or distribution center, all warehouses or distribution centers involved in the distribution plan must carry or have timely access to all Awarded Items and must be able to respond to orders in a timely manner. Except as expressly permitted in this Proposal Invitation, product substitutions are not allowed, and the involvement of multiple distribution centers does not alter any restriction against product substitution.
The Cooperative and Cooperative members will have one Vendor contact person for overall contract management relative to the Contract, even if Vendor uses multiple distribution centers or designated dealers, and the Cooperative and its members will not be required to deal with multiple Vendor contacts for overall contract management.
If Vendor is a manufacturer that sells products through a dealer network, Vendor may request to designate a dealer or multiple dealers C'Designated Dealer" or "Designated Dealers’) to receive Cooperative member Purchase Orders on Vendor’s behalf by completing and submitting to the Cooperative Administrator the information required on the Manufacturer Dealer Designation form contained in the Proposal Invitation and, if requested, such other information as the Cooperative Administrator may reasonably require.
12007 Research Boulevard • Austin, Texas 78759-2439 ' PH: 800-695-2919 • buyboard.com Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such designations are for Vendor’s convenience only and shall not relieve Vendor of any obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor or any Designated Dealer. Vendor shall remain responsible and liable for all obligations under the Contract and the performance of both Vendor and any of Vendor's Designated Dealers under and in accordance with the Contract.
Vendor shall remain subject to all remedies for default thereunder, including, but not limited to suspension and termination of Vendor's Contract for nonpayment of service fees.
Further, Vendor acknowledges and agrees that, if Vendor opts to submit Designated Dealers under the Contract, Vendor is responsible for ensuring the accuracy, maintenance, and updating of the Designated Dealer information provided to the Cooperative and ensuring and confirming such information has been received by the Cooperative Administrator in such form as the Cooperative Administrator may reasonably require. Vendor authorizes the Cooperative Administrator, in its sole discretion, to list any Vendor Designated Dealers on the BuyBoard website and authorizes the Designated Dealer(s) to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to a Designated Dealer for processing.
The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise acting on Vendor’s behalf under the Contract. Further, the Cooperative Administrator shall be authorized to remove or suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion.
11. BuyBoard Vendor Information and Reporting of Cooperative Member Purchases (a) BuyBoard Website and Vendor Information
The awarded Contract will be posted on the BuyBoard website as an online marketplace. By submitting a Proposal, Vendor consents to the posting of all Proposal and product information provided by Vendor including, but not limited to, Vendor’s Proposal, contact information, product catalogs, and product pricing on the BuyBoard website for Cooperative members. Vendor further authorizes the Cooperative, the Cooperative Administrator, and any third-party contractor providing services for the BuyBoard website to receive and relay such information to Cooperative members electronically, including via electronic punch out from the BuyBoard website.
Posting of Vendor information on the BuyBoard website or other relay of Vendor information by the Cooperative to Cooperative members shall be for the convenience of Cooperative members and Vendors only and shall not be deemed a contractual obligation or duty on the part of the Cooperative. Whether and when to post information to the BuyBoard website shall be in the sole discretion of the Cooperative. To the extent Vendor pricing or catalog information is posted on the BuyBoard website and Vendor subsequently submits updated pricing or catalog information in accordance with sections E.4 or E.8 of the Terms and Conditions, as applicable, the Cooperative Administrator shall have a reasonable time (which in no event shall be less than 10 business days, and may be longer depending on circumstances) to review the information and, if accepted in accordance with the Terms and Conditions, update the information. Vendor shall continue to honor all prior pricing and catalogs and shall not be permitted to sell products or services to Cooperative members using updated pricing or catalog information until all required information has been received and updated by the Cooperative Administrator. It is the responsibility of Vendor to timely provide all pricing and catalog information in the format required by the Cooperative Administrator and respond to requests for additional information from the Cooperative Administrator to avoid delays in information being updated. As provided in sections E.4 and E.8 of these Terms and Conditions, the Cooperative reserves the right to reject any or all price increases or catalog updates.
Neither the Cooperative nor the Cooperative Administrator shall be liable to any party for information provided by Vendor or for any errors in Vendor information posted to the BuyBoard website or relayed to Cooperative members. Vendor shall be fully responsible and liable to the Cooperative, the Cooperative
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com Administrator, and Cooperative members for all information provided by Vendor related to the Proposal Invitation, Contract and/or for posting on the BuyBoard website including, but not limited to, catalogs and pricelists. Vendor shall not upload, enter, or submit any information that may infringe the intellectual property rights of any third party or that contains software viruses or any other code, files, or programs that may damage or disrupt any software, hardware, or equipment. To the extent Vendor discovers any error in information on the BuyBoard website, Vendor shall promptly advise the Cooperative Administrator in writing at contractadmin(a>buyboard.com. Vendor shall also confirm the accuracy of all product and pricing information in Purchase Orders and Member Software Agreements prior to acceptance and promptly notify the Cooperative member and Cooperative of any potential errors.
By submitting a Proposal, Vendor certifies that Vendor has read the BuyBoard Technical Requirements contained in this Proposal Invitation and, if awarded a Contract, will comply with all requirements therein except as specifically indicated by Vendor in the Acknowledgement of BuyBoard Technical Requirements form. To the extent Vendor has acknowledged the ability to comply with the BuyBoard Technical Requirements, Vendor’s subsequent failure or refusal to comply shall be deemed an event of default under the Contract. To the extent Vendor is unable to meet the applicable BuyBoard Technical Requirements, Vendor acknowledges that, if awarded a Contract, information available on the BuyBoard for Vendor's awarded products or services may be more limited than other Vendors, 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.
The BuyBoard Technical Requirements may be updated from time to time, and Vendor agrees to use best efforts to comply, if able, with updated requirements.
In using the BuyBoard Website, Vendor agrees to comply with BuyBoard Terms and Conditions of Use and BuyBoard Privacy Policy C'BuyBoard Website Terms') which are available on the website and may be updated from time to time. The BuyBoard Website Terms supplement the Contract. In the event of any conflict between the Contract and the BuyBoard Website Terms, the Contract shall prevail. (b) Purchase Order Reporting
A Cooperative member may make purchases from Vendor under the Contract by issuing a Purchase Order to procure Awarded Items. All Purchase Orders generated by or under the Contract must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative Administrator, neither Vendor nor any Vendor Designated Dealer is authorized to process a Purchase Order received directly from a Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative. To the extent Vendor or Vendor’s Designated Dealer receives a Purchase Order directly from a Cooperative member that Vendor has reason to believe has not been received by the Cooperative or processed through the BuyBoard, Vendor shall promptly provide a copy of the Purchase Order to the Cooperative Administrator.
A Vendor may request authorization to self-report Cooperative member purchases by completing the Vendor Request to Self-Report BuyBoard Purchases form included in the Proposal Invitation or such other form as may be required by the Cooperative Administrator. Any request must be submitted in writing and is subject to written approval by the Cooperative Administrator. To the extent that a Vendor is authorized in writing by the Cooperative Administrator to self-report Cooperative member purchases under the Contract, Vendor shall be required to comply with all additional terms and conditions imposed by the Cooperative as part of such authorization.
The Cooperative may, from time to time, in its reasonable discretion, provide instructions and modify the procedures for reporting Purchase Orders under the Contract by providing Vendor at least 30 days advance written notice.
Vendor acknowledges and agrees that notice provided via electronic mail to the Purchase Order contact designated by Vendor in Vendor's Proposal, or subsequently updated in writing, shall satisfy this requirement. Continued acceptance of Purchase Orders and/or any Contract renewal by Vendor shall constitute acceptance of any modified Purchase Order procedures.
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•81 PURCHASINCcmP£RATlvt
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com The intent of the Cooperative member to purchase through the Cooperative Contract is paramount.
The method or timing of reporting a Purchase Order to the Cooperative shall not alter the nature of the transaction as a BuyBoard purchase or relieve Vendor of the obligation to pay the service fee on such purchase.
Vendor and any Vendor Designated Dealer must maintain the computer and telephone hardware necessary to provide for the electronic receipt of Purchase Orders and pay such costs and fees as may be imposed by a supplier or service provider for the software, equipment and service required to use the BuyBoard. (c) Vendor Invoices
To further document and report Cooperative member purchases under the Contract, Vendor shall provide the Cooperative with copies of Vendor Invoices for all Cooperative member purchases under the Contract. Vendor shall submit copies or reports of Vendor Invoices to [email protected] promptly upon generation of the invoice. Vendor shall ensure that the Contract number and member Purchase Order number is included with the Vendor Invoice.
In lieu of providing copies of individual Vendor Invoices, Vendor may provide monthly reports of Vendor Invoices to [email protected] no later than the 10th day of the month. The monthly Vendor Invoice reports shall include a list of all invoices billed by Vendor during the preceding month to Cooperative members for purchases under the Contract. Monthly Vendor Invoice reports shall include any and all information reasonably required by and be in such format as may be reasonably required by the Cooperative Administrator. At a minimum, Vendor Invoice reports shall include the Cooperative member name, Purchase Order number, general description of the purchase including Contract number and Contract category under which the purchase was made, and invoice amount.
Vendor agrees to cooperate, and to require any Vendor Designated Dealer(s) to cooperate, with the Cooperative to promptly provide such reasonable information and documentation as the Cooperative Administrator may require regarding Purchase Orders received by Vendor and Vendor Invoices issued by Vendor under the Contract.
12. Service Fee
Vendor must pay the Cooperative the service fee specified in this Proposal Invitation and, unless this Proposal Invitation provides otherwise, the service fee is included in the Awarded Pricing. Except as otherwise provided in this section E.12, Vendor must remit the service fee to the Cooperative in Austin, Texas, within 30 days of the date of each service fee invoice.
Service fees shall be deemed incurred on the date of Vendor’s receipt of payment for products or services by the Cooperative member. To the extent that a Vendor disputes any service fee listed in a service fee invoice, including but not limited to assertions that the purchase on which the fee is based has yet to be delivered or paid (e.g. special orders), was canceled by the Cooperative member, or is a duplicate purchase order, the Vendor must notify the Cooperative of the dispute in writing no later than the 90u day after the oriqinal invoice date C'Dispute Period’) by returning a copy of the invoice or statement of outstanding balances to the Cooperative Administrator with each disputed item marked and the basis for dispute provided. To the extent that the disputed service fees have been paid by Vendor, any request for a refund must be provided to the Cooperative Administrator in writing, with supporting documentation, no later than the last day of the Dispute Period. Vendor agrees to cooperate, and require any Vendor Designated Dealer(s) or billing agent to cooperate, with the Cooperative Administrator in attempting to reconcile and resolve disputed fees and shall provide such reasonable information and documentation as the Cooperative Administrator may require to review the disputed fees to the satisfaction of the Cooperative Administrator's staff. Any service fees for which the Cooperative Administrator has not received a notice of dispute or request for refund within the Dispute Period as set forth herein shall be deemed conclusively due and owing and no longer subject to dispute or claim for refund.
Unpaid service fees will be subject to collection in accordance with the Cooperative's Board policy on vendor invoicing and collections, which is available from the Cooperative Administrator on request.
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com A Vendor may designate a billing agent to receive Cooperative service fee invoices on Vendor’s behalf. Such designation must be made in writing by an authorized representative of Vendor and properly submitted to the Cooperative Administrator in such form as the Cooperative Administrator may reasonably require. However, in so doing, Vendor acknowledges and agrees that such designation shall be for Vendor’s convenience only and Vendor shall remain responsible for all obligations under the Contract, including payment of service fees, and shall remain subject to all remedies for default in payment thereof.
Vendor agrees to provide the Cooperative with copies of all Purchase Orders generated by or under the Contract that are received directly from Cooperative members, Vendor Invoices, and/or such other documentation regarding those Purchase Orders as the Cooperative Administrator may require in its reasonable discretion. Additionally, the Cooperative has the right, upon reasonable written notice, to review Vendor's records pertaining to purchases under the Contract with Cooperative members to verify purchase history and the accuracy of service fees payable from Vendor
13. Disclaimer of Warranty and Limitation of Liability
THE COOPERATIVE AND TASB (BOTH D/B/A BUYBOARD) DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. IN REGARD TO THE AVAILABILITY. ACCURACY. CONTENT OR ANY OTHER ASPECr OF ANY INFORMATION. PRODUcr. OR SERVICE FURNISHED UNDER THE CONTRACr AWARD. INCLUDING. WITHOUT UMrrATioN, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILrrY OR FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECr TO ANY AND ALL CAUSES OF ACIION ARISING UNDER OR RELATED TO THE CONTRACr.
NEITHER THE COOPERATIVE NOR TASB, NOR THEIR RESPECriVE OFFICERS. BOARD MEMBERS. EMPLOYEES OR AGENTS. IS LIABLE TO VENDOR UNDER ANY CIRCUMSTANCES FOR Logr REVENUE. DATA OR PROFITS. OR FOR ANY iNDIRECr, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF THE COOPERATIVE AND/OR TASB HAS BEEN ADVISED OF THE POSsiBiLrrY OF SUCH DAMAGES. WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY PROVIDED BY LAW, IN NO EVENT WILL THE COOPERATIVE AND/OR TASB’S TOTAL
JOINT LIABILIY TO VENDOR EXCEED THE AMOUNT OF THE SERVICE FEE PAID BY VENDOR DURING THE TWELVE MONTHS IMMEDIATELY PRECEEDING THE EVENT GIVING RiSE TO SUCH LIABILITY.
Neither the Cooperative nor TASB is in any way liable to Vendor for a Cooperative member’s performance or nonperformance of the member's obligations under the Contract, Purchase Order, Member Software Agreement, or other ancillary agreement between Vendor and a Cooperative member,
14. Sales Tax
Cooperative members are governmental entities which are generally exempt by law from the payment of state sales tax and federal excise tax. Vendor may request a Cooperative member to provide a tax exemption certificate, or the member may establish its tax-exempt status by including tax exemption information or tax exemption certificate with the Purchase Order as authorized under law. Vendor is responsible for collecting such taxes, if any, as may be due from a Cooperative member and remitting payment to the appropriate taxing authority.
15. Use of BuyBoard Logo and Trade Name
The BuyBoard trade name and logo are proprietary to TASB and have been specifically licensed by TASB to the Cooperative. Vendor may not use, display, or otherwise distribute the BuyBoard logo or trade name except in strict accordance with the Cooperative’s written guidelines posted on the BuyBoard website.
16. Indemnification
Vendor agrees to defend, indemnify, and hold harmless the Cooperative, TASB, and Cooperative members, and their officers, board members, agents and employees, from and against all third-party claims, actions, suits, liability, liens, loss and damage of any character, type, or description, including without limitation all expenses of litigation, court costs and attorney’s fees, arising out of or related to (a) injury or death to any person or damage to any property related to the acts of Vendor or its agents, subcontractors, or employees in the execution of or performance under the Contract, a Purchase Order, or a Member Software Agreement, as applicable; and (b) Vendor’s negligence,
12007 Research Boulevard • Austin, Texas 78759-2439 ' PH: 800-695-2919 • buyboard.com misconduct, breach of contract or other failure to comply with its obligations in the execution or performance under the Contract, Purchase Order, or Member Software Agreement, as applicable.
17. Intellectual Property Infringement by Vendor
Without limiting the scope of section E.16 (Indemnification) of these Terms and Condition, if any claim is asserted, or action or proceeding brought against the Cooperative, the Cooperative Administrator, or a Cooperative member that alleges that either (1) all or any part of the products or services supplied by Vendor, in the form supplied or modified by Vendor, or its subcontractors pursuant to Vendor’s sole directions, or (2) any information provided by Vendor or its designated dealers or agents to a Cooperative member, the Cooperative, or the Cooperative Administrator (including, but not limited to, information submitted by Vendor to the Cooperative or Cooperative Administrator for the BuyBoard website), infringes or misappropriates any United States intellectual property, intangible asset, or other proprietary right, title or interest (including, without limitation, any copyright or patent or any trade secret right, title, or interest), or violates any other contract, license, grant, or other proprietary right of any third party, the Cooperative, Cooperative Administrator, or Cooperative member upon its awareness, shall give Vendor prompt written notice thereof. Vendor shall defend, and hold the Cooperative, the Cooperative Administrator, and the Cooperative member harmless against any such claim or action and shall indemnify the Cooperative, the Cooperative Administrator, and Cooperative member against any liability, damages and costs resulting from such claim. In addition, if, in any such suit arising from such claim, the continued use of the product for the purpose intended is enjoined by any court of competent jurisdiction, unless otherwise agreed in writing by the Cooperative member, Vendor shall, at its expense and option, either (a) procure for the Cooperative member the right to continue using the product; (b) modify the product so that it becomes non-infringing; (c) replace the product or portions thereof so that it becomes non-infringing; or (d) allow the Cooperative member to return the product or cancel the service and refund the purchase price (less reasonable depreciation for use, if applicable.)
18. Remedies for Default and Termination of Contract
(a) Default and Termination of Cooperative Contract
Except as otherwise provided for in these Terms and Conditions, either party (Cooperative or Vendor) may terminate the Contract in whole or in part in the event of the other party’s substantial failure to fulfill its obligations under the Contract through no fault of the terminating party; provided, however, that the defaulting party is given at least 10 business days prior written notice of the default and intent to terminate (delivered by certified mail, return receipt requested, or other method that similarly documents receipt), and, to the extent the default is capable of being cured, a 10 business day opportunity to remedy the default to the satisfaction of the terminating party (or, in the event of default based on Vendor’s failure to timely remit the service fee due the Cooperative, such longer cure period as may be established by Cooperative policy.) At the Cooperative’s option and in addition to any other remedies it may have available, the Cooperative may terminate the Contract if Vendor fails to adhere to or violates any of the provisions of these Terms and Conditions, including the certifications. Without limiting the scope of the foregoing, one or more of the following constitute grounds for termination :
1)
2)
3)
4)
5)
6)
7)
Materially misleading or false statement(s) in Vendor's Proposal; Delivery of product or services that fail to meet the item specifications; Delivery of product or services that are defective or substandard or fail to pass product inspection; Delivery of a product substitution, except as specifically authorized by the Contract; Failure to meet required delivery schedules;
Failure to timely supply Awarded Items at the Awarded Pricing; Failure to timely remit any service fee due the Cooperative under the Contract or any other BuyBoard contract with Vendor, its parent company, or affiliates;
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12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com 8) Failure to provide, within a reasonable time and where required by the Contract, information reasonably requested by the Cooperative or Cooperative Administrator including, but not limited to, information requested under sections E.11 (BuyBoard Vendor Information and Reporting of Cooperative Member Purchases) or E.12 (Service Fees) of these Terms and Conditions; 9) Processing a Purchase Order received directly from a Cooperative member, without prior written approval from the Cooperative Administrator;
10) Providing architectural or engineering services under the Contract that must be procured pursuant to the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code); 11) Selling non-awarded products or services under the Contract or any other BuyBoard contract; or 12) Vendor refusal, inability, or loss of ability to offer or provide Awarded Items to Cooperative members in awarded regions or states unless caused by a Force Majeure event pursuant and subject to section E.19 (Force Majeure); or
Notwithstanding any other provision of this section E.18, in the event of Vendor’s default under or breach of any provision in the Contract, the Cooperative reserves the right to enforce the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of the Cooperative or necessary or appropriate to protect or provide best value to Cooperative members. Without limiting the scope of the foregoing, the Cooperative, acting by or through the Cooperative Administrator, may temporarily inactivate (suspend) Vendor from the BuyBoard website and as a BuyBoard vendor, suspend or remove any Vendor Designated Dealer, or require removal of an Awarded Item with or without prior notice to Vendor, if the Cooperative or Cooperative Administrator reasonably determines that that there has been a breach under the Contract or any other BuyBoard contract with Vendor, including but not limited to nonpayment of service fees, or that there is a potential policy, public health, or safety issue to warrant such action. The temporary inactivation may remain in effect pending further action or termination of the Contract by the Cooperative. Vendor remains liable for all obligations and responsibilities incurred prior to and during any temporary inactivation and prior to termination, as applicable.
In the event the Cooperative terminates the Contract, in whole or in part, the Cooperative reserves the right to award the terminated Contract, or any portion thereof, to the next Proposer the Cooperative determines to provide best value to Cooperative members. Additionally, the Cooperative may sue for breach of contract and specific performance and, in addition to contract damages, recover attorneys' fees and costs. Vendor shall be liable for any and all damages permitted by law, and any deviation submitted by Vendor in its Proposal seeking to limit Vendor’s liability to the Cooperative shall be deemed rejected.
The Cooperative will not be liable to Vendor for any damages (including, but not limited to, loss of profits or loss of business, or any special, consequential, exemplary, or incidental damages) resulting from termination based on Vendor's default or breach of contract.
If any delay or failure of performance is caused by a Force Majeure event as described in section E.19 (Force Majeure) of these Terms and Conditions, the Cooperative may, in its sole discretion, terminate the Contract in whole or part, provided such termination complies with the procedures set out above. Any Contract termination resulting from any cause other than a Force Majeure event will be deemed a valid reason for the Cooperative not considering any future proposals from the defaulting Vendor.
In the event a Vendor’s Contract is terminated under this section E.18, Vendor shall remain responsible for payment of all service fees to the Cooperative for Awarded IFems sold under the Contract to Cooperative members prior to such termination.
(b) Default and Termination of Cooperative Member Purchase A Cooperative member has no authority to terminate the Contract at the Cooperative level for default. A Cooperative member may terminate a Purchase Order or Member Software Agreement or refuse to accept delivery (1) as provided for in these Terms and Conditions, Cooperative member Purchase Order, Member Software Agreement, or ancillary agreement, or (2) for Vendor’s material breach of a term or condition included in the
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com Contract, a Cooperative member Purchase Order, Member Software Agreement, or ancillary agreement. Subject to any alternative remedies for a particular Cooperative member purchase which are agreed by an authorized representative of the Cooperative member in an ancillary agreement, including a Member Software Agreement, in accordance with the requirements of Section D.2 (Applicable Terms and Conditions; Ancillary Agreements), nothing herein shall limit the remedies available to a Cooperative member under applicable law, and Cooperative members may sue for breach of contract and specific performance and, in addition to contract damages, recover attorneys’ fees and costs. Further, unless otherwise specifically disclosed by Vendor and agreed to in writing by an authorized representative of the Cooperative member in accordance with the requirements of Section D.2, Vendor shall be liable to a Cooperative member for any and all damages permitted by law. Any deviation submitted by Vendor in its Proposal seeking to limit Vendor’s liability at the Cooperative level shall be deemed rejected.
A Cooperative member will not be liable to Vendor for any damages (including, but not limited to, loss of profits or loss of business, or any special, consequential, exemplary, or incidental damages) resulting from termination based on Vendor’s default or breach of contract.
19. Force Majeure
The term Force Majeure includes, but is not limited to, governmental restraints or decrees, provided they affect all companies in Vendor’s industry equally and are not actions taken solely against Vendor; acts of God (except natural phenomena, such as rain, wind, or flood, which are normally expected in the locale in which performance is to take place); work stoppages due to labor disputes or strikes; fires; explosions; epidemics or pandemics; riots; war; rebellion; or sabotage.
The Cooperative, Cooperative members, and Vendor are required to use due caution and preventive measures to protect against the effects of Force Majeure, and the burden of proving that Force Majeure has occurred rests on the party seeking relief under this section E.19. The claiming party must promptly notify the other party in writing, citing the details of the Force Majeure event, use due diligence to overcome obstacles to performance created by the Force Majeure event, and resume performance immediately after the obstacles have been removed, provided the Contract has not been terminated in the interim.
Delay or failure of performance of the Contract, a Purchase Order, or Member Software Agreement or ancillary agreement caused solely by a Force Majeure event will be excused for the period of delay caused solely by the Force Majeure event, provided the party claiming the event promptly notifies the other party in writing. Neither party shall have any claim for damages against the other resulting from delays caused solely by Force Majeure. The Cooperative will not be responsible for any cost incurred by Vendor because of a Force Majeure event. A Cooperative member will not be responsible for any cost incurred by Vendor because of the Force Majeure event unless an authorized representative of the Cooperative member has requested, in writing, that Vendor incur such cost in connection with any delay or work stoppage caused by the Force Majeure event.
Notwithstanding any other provision of this section E.19, in the event Vendor’s performance of its obligations under the Contract is delayed or stopped by a Force Majeure event, the Cooperative may, at its sole option, terminate the Contract in accordance with section E.18 (Remedies for Default and Termination of Contract) of these Terms and Conditions. This section E.19 does not limit or otherwise modify any of the Cooperative’s rights as provided elsewhere in the Contract.
F. Miscellaneous
1. Assignment
Vendor may not sell, assign, transfer, convey or subcontract any responsibility or obligation created by the Contract in regard to the Cooperative without the Cooperative’s prior written consent. A Vendor wishing to assign, transfer, or convey all or any portion of an awarded Contract shall submit a written request to the Cooperative, preferably at least 60 days before the projected effective date of the assignment and promptly provide such information as the Cooperative may require to process and consider the request.
MBol
e el PURCHASINC COOP£RATIV£
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com Approval or denial of an assignment request shall be within the sole discretion of the Cooperative, and a vendor not awarded a Contract through the Proposal Invitation process has no right or vested interest to assignment of an awarded Contract. In determining whether to consent, the Cooperative may consider any relevant factors, including whether the party to which the sale, assignment, transfer, conveyance or subcontract is proposed is bound to and will honor all obligations and responsibilities imposed on Vendor under the Contract, including Awarded Pricing, and the best interest of and value to Cooperative members. Vendor’s attempted sale, assignment, transfer, conveyance or subcontracting of any part of the Contract except in compliance with this section F.1 is void and ineffective.
If Vendor ceases distribution of an Awarded Item for any reason during the Contract term, including ceasing distribution in one or more regions or states designated by Vendor in its Texas Regional Service Designation or State Service Designation forms, and the Cooperative determines that continued availability of the product provides best value to Cooperative members, the Cooperative reserves the right to place the manufacturer of such product on the BuyBoard for the remainder of the Contract term for any or all regions or states in which Vendor has ceased distribution, in which event Vendor's Contract for such product will be deemed assigned to the product manufacturer.
2. Notices
Unless otherwise provided for in this Proposal Invitation, any written notice or other communication required by the Contract or by law will be conclusively deemed to have been given and received on the third business day after such written notice has been deposited in the U. S. Mail, properly addressed, and with sufficient postage affixed thereto, provided that actual notice may also be given via electronic mail or in any other manner used in commerce.
If the conclusion of any time period provided for in these Terms and Conditions falls on a weekend or a federal holiday, the conclusion of such time period shall be deemed to be extended until the next business day. Otherwise, references to time periods measured by days shall mean calendar days unless business days are specifically designated
3. Equal Employment Opportunity (EEO) Disclosures
Vendor agrees to abide by all applicable laws, regulations, and executive orders pertaining to equal employment opportunity, including federal laws and the laws of the state in which Vendor's primary place of business is located. In accordance with such laws, regulations and executive orders, Vendor agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, age, veteran status, disability or genetic information, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed by Vendor under the Contract. Upon request, Vendor will furnish information regarding its nondiscriminatory hiring and promotion policies.
4. Applicable Law, Venue and Dispute Resolution
The Contract is governed by and will be construed according to the laws of the State of Texas, including the Uniform Commercial Code (UCC) as adopted in the State of Texas as effective and in force on the date of the Contract. Venue for any litigation concerning the Cooperative or TASB lies in Austin, Travis County, Texas, and venue for any litigation between a Cooperative member and Vendor arising under the Contract lies in the home county of the member. Ttre parties have the mutual afFirmative duty to attempt to resolve any disputes that arise under the Contract in good faith at the least possible expense prior to the initiation of any type of judicial or administrative proceeding.
5. Waiver
No claim or right arising out of a breach of the Contract can be discharged in whole or part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. A party’s failure to require strict performance of any provision of the Contract does not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision.
6. Interpretation - Parol Evidence
This writing is intended by the parties as a final expression of their agreement and a complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties and no usage of the trade
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com is relevant to supplement or explain any terms used in the Contract. Acceptance or acquiescence in a course of performance rendered under the Contract is not relevant to and does not determine the meaning of the Contract even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection.
7. Right to Assurance
Whenever the Cooperative in good faith has reason to question Vendor's intent to perform, the Cooperative may demand that Vendor give written assurance of its intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the Cooperative may treat the failure as an anticipatory repudiation of the Contract
8. Non-Appropriations Clause
Texas law prohibits the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. A Cooperative member that is a governmental entity (a) reserves the right to rescind a multi-year purchase order or other agreement to purchase products or services under the Contract at the end of the member’s fiscal year if it is determined that funding is not available to extend the agreement; and (b) will use its best efforts to attempt to obtain and appropriate funds for payment.
9. Invalid Term or Condition
If any term or condition of the Contract is held invalid or unenforceable, the remainder of the Contract will not be affected and will be valid and enforceable.
10. Remedies Cumulative
The remedies available to the Cooperative, a Cooperative member, or Vendor under this Contract are in addition to any other remedies that may be available under law or in equity.
11. Signatures
Except as otherwise specifically required in these Terms and Conditions, all notices, requests, amendments and other written documentation required or authorized under the Contract may be provided electronically or as an imaged document, and an electronic or facsimile signature shall be deemed an original.
12. Right of Setoff
Any indebtedness or obligation owed by Vendor or Vendor’s affiliates to the Cooperative may be appropriated and applied by the Cooperative at any time, and from time to time, on any indebtedness or other obligation owed by the Cooperative to Vendor or Vendor’s affiliates, whether such indebtedness or other obligations are now existing or hereafter arise, and whether under the Contract or otherwise. It is further understood and agreed that this right of setoff is in addition to, and not in lieu of, any other right, remedy or recourse which is available to the Cooperative either at law or equity, and that failure to exercise such right of setoff in any instance shall not constitute a waiver of such right
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com
APPENDIX I
BuYBOARD TECHNICAL REQUIREMENTS
The following are the BuyBoard Technical Requirements, current as of the date indicated at the bottom of this document.
Technical Requirements and Instructions for Vendor Logo Files Vendor loqo files submitted for inclusion on the BuyBoard website must be provided in one of the followinq formats:
Preferred :
• Minimum longest dimension (width or height): 384 pixels• Image type: PNG Other acceptable formats :
• Minimum longest dimension (width or height): 192 pixels • Image type: JPG, JPEG, WebP
Technical Requirements and Instructions for Vendor Product Details Following Contract award, Awarded Vendors for commodity items will be expected to promptly provide product details for awarded products in an electronic Excel spreadsheet in the format listed below. (A spreadsheet template will be provided to Vendors after Contract award.)
File Name _ _ .xlsx (eg. TASB_123-45_20200720.xlsx)
Format:
Required?Field Name
Product
Name
Description Type
Text
Character
Limit
255Required
The product name.
Should be unique to each product. Do not list a
product category.
Product description as might appear in a catalog.
Can include specifications, annotations, etc.
Do not include:
-Bullet points
-HTML
Product
Description Required Text No limit
Name of product manufacturer (or "brand").
If none available, blanks are acceptable, but this
information is strongly recommended. The more
data you can provide about your product, the
better.
Manufacturer
Name
Strongly
recommended Text 1 125
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com Manufacturer
Product
Number
Manufacturers product or part number.
If none available, blanks are acceptable, but this
information is strongly recommended. The more
data you can provide about your product, the
better.
Strongly
recommended Text 50
Vendor
Product
Number
Your product number or SKU.
Can be the same as ManufacturerProductNumber if
you do not use a separate number or SKU (if you
are the manufacturer, or use the same number as
the manufacturer).
Required Text 50
Measurement that represents a single unit of this
product relative to price (eg. EA "each", PK "pack",
CS "case", etc).
Can be in abbreviated format (ex. EA) or full word
format (ex. Each).
This should not be a numeric value.
UOb4 Required Text 10
A link to an individual product image. If none
exists, leave blank. Link should begin with https://.
Do not provide:
-A link to the home page of your website
-A link to a product page or another section of your
website
Vendor
Image Ur
Strongly
recommended Text 1000
If none available, blanks are ok, but strongly
recommended to have this information. Product
images help sell your product!
Numeric (no
currencY
symbols or
formatting,
should be
rounded to
2 decimal
places)
Price per unit of product without BuyBoard
discount.Cannot be left blank. DO NOT LIST "Call
for Price" or "Price Varies". Must be a
numeric value.
List Price Required N/A
Discount
Percent
OR
One or the
other
required*
The percentage discount off of List Price, per the
Contract.
Percentage-
one decimal
place max
N/A
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com Discount
Price
+You are
only required
to provide
either
Discount
Percent OR
Discount
Price. You
may provide
both if you
wish, but at
least one
must be
rovided .
Numeric (no
currency
symbols or
formatting,
should be
rounded to
2 decimal
places)
Price per unit of product with BuyBoard discount
applied.
DO NOT LIST "Call for Price" or "Price
Varies". Must be a numeric value.
N/A
Vendor Page
Url
A link to an online catalog listing for this product (if available). This is for future use.
Do not provide:
-A link to the home page of your website
Optional Text 1000
Vendor
Thumnail
Image Url
Optiona A link to a catalog product thumbnail image (if available),
Text 1000
Vendor
Category
UNSPSC
Code
Optional
Optional
Your categorization for this product. If this product
is nested within categories, please delimit between
categories. This information is for future use.
Text
Numeric
1000
N/A( https://www.unspsc.org/) if available.
Extended
Attributes
This field is reserved for any additional information
which should be used for search indexing for this
line item. It could include information on options,
colors, sizes, informative notifications, etc.
Optional Text No limit
+Products must be unique. DupIIcate products will not be accepted. To make a product unique, it must have one of the fo\lowing .
1- A unique Vendor Product Number
2- A unique Vendor Product Number + UOM combination
DESIRED RESULT:
Product A - 1234567 - EA (different vendor product numbers) Product B - 1234568 - EA
OR
Product A - 1234567 - EA (same vendor product number, different UOM) Product B - 1234567 - PK
WRONG :
Product A - 1234567 - EA
Product B - 1234567 - EA
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com
APPENDIX II
ADDITIONAL TERMS AND CONDITIONS FOR BUYBOARD SELF-REPORTING The following additional terms and conditions shall apply to any approved Vendor Request to Self-Report BuyBoard Purchases :
1. BuyBoard Contracts Subject to Self-Reporting. Authorization to self-report shall apply only to a Contract awarded under this Proposal Invitation. To the extent Vendor is awarded on another BuyBoard contract or contracts, separate authorization to self-report for such other contract(s) is required.
2.Monthly Vendor Reports. Vendor shall submit reports of Cooperative member purchases monthly to the Cooperative Administrator G'Monthly Vendor Reports’). All Monthly Vendor Reports shall be provided to BuyBoard at [email protected] no later than the 10th day of the month. The Monthly Vendor Reports shall include a list of all purchase orders completed and invoiced by Vendor during the preceding month for BuyBoard members. Monthly Vendor Reports shall include any and all information reasonably required by, and in such format as may be reasonably required by, the BuyBoard Administrator from time to time. At a minimum, Monthly Vendor Reports shall include:
1. 11.
111.
IV.
V.
VI .
VI I .
VIII .
IX.
BuyBoard member name;
Purchase Order amount;
Purchase Order number;
Date Purchase Order submitted to vendor;
Date purchase executed / completed / delivered;
List of any Purchase Orders on prior Monthly Vendor Report(s) subsequently canceled; General description of purchase, including Vendor’s awarded BuyBoard contract number and category or categories under which the purchase was made; and Final purchase amount total (as invoiced to BuyBoard member); Invoice Date.
3.Reconciling Self-Reported Information and Discrepancies. BuyBoard may, in its sole discretion, periodically send information to Cooperative members listing all purchases self-reported by Vendor for the Cooperative member and/or request reports from Cooperative members containing purchase order data. If discrepancies are noted or reported by the Cooperative member as a result of such report or otherwise, Vendor agrees to promptly respond and cooperate with the Cooperative and/or Cooperative members to reconcile and correct any discrepancies. Vendor further agrees to promptly respond to requests and comply with any reasonable request for information and documentation by the Cooperative or a Cooperative member to assist in such reconciliation.
4 Vendor Accounts. Recognizing that Cooperative members seeking best value may wish to compare pricing from multiple cooperatives when considering individual purchases, the Cooperative expects Vendor to honor any request by a Cooperative member to make a purchase through the Contract and expects that Vendor will not seek to limit or inhibit a Cooperative member from making individual purchases through the purchasing cooperative of its choice, regardless of the Cooperative member establishing an account with Vendor designating BuyBoard as its cooperative.
12007 Research Boulevard • Austin, Texas 78759-2439 • PH: 800-695-2919 • buyboard.com
5.Vendor Obligation Comply with BuyBoard Contract. Nothing in an authorization to self-report shall be deemed to waive any of Vendor’s obligations under the General Terms and Conditions of the Contract, including but not limited to Vendor’s obligations to honor Cooperative member Purchase Orders and pay all service fees on such Purchase Orders. Nothing shall require Cooperative members to utilize Vendor’s self-reporting option to make purchases under the Contract. Vendor shall process all Purchase Orders, including any Purchase Orders received directly through the BuyBoard.
6. Amendment. These Additional Terms and Conditions for BuyBoard Self-Reporting are subject to amendment by the Cooperative at any time in its sole discretion. BuyBoard shall provide written notice to Vendor of any amendment, and the amendment shall be effective thirty (30) days after the date of the written notice.
7.Termination of Self-Report Authorization. The Cooperative may terminate any authorization for Vendor to self-report at any time for any reason, in its sole discretion. Notice of termination, including the effective date of the termination, shall be provided to Vendor in writing. If Vendor at any time wishes to cease self-reporting BuyBoard member purchases, including after receipt of amended self-reporting terms or conditions as provided herein, Vendor shall provide the Cooperative with at least thirty (30) days prior written notice of its request to revoke, listing the effective date of such revocation in the notice. Any termination or revocation of an authorization to self-report shall pertain to Vendor self-reporting only and shall not affect an awarded Vendor’s underlying BuyBoard contract.
8. BuyBoard Contract Terms and Conditions. Self-reporting is subject to the General Terms and Conditions of the Contract. Unless otherwise indicated, all capitalized terms used herein shall have the same meaning as set forth in the General Terms and Conditions of the Contract.
9. Assignment. An authorization to self-report is specific to Vendor and not subject to assignment. In the event a Vendor’s awarded Contract is subsequently assigned to another vendor where permitted by the Contract, the Contract assignee must submit its own Vendor Request to Self-Report BuyBoard Purchases and receive approval of such request by the BuyBoard Administrator.
FI
AFFP
+
wpr?+=1'– ;r
Texas Association of School Bo
dA .I(\rl• , n
Affidavit of Publication
STATE OF TEXAS }
COUNTY OF POTrER }SS Texas Association of School Boards Proposal Number, Proposal Name, Proposal Deadline, Contract Effective Date, Contract Expiration Date
Jaime Pipkin, being duly sworn, says:
69Cb23. Energy Saving Lighting Products, 9/1 5/2022 at 4:00 PM. 4/1/2023 to 3/30/2026
That she is Multi-Media Account Executive of the Amarillo Globe-News, a daily newspaper of general circulation,
printed and published in Amarillo, Potter County, Texas; that the publication, a copy of which is attached hereto, was published in the said newspaper on the following
691-23, Water Treatment Chemicals and Pipe Bursting Equipment, 9/22/2022 at 4:00 PM. 4/1/2023 to 3/30/2026
692-23, Software as a Sewi08 (SaaS) Products, Cybersocurity Assessments and Related Services, 9/29/2022 at 4:00PM, 4/1/2023 to 3/30/2026 693-23, Background. Fingerprinting, and Drug/Diagnostic Testing Services and Products. 10/13/22 at 4:00PM, 4/1/2023 to 3/30/2026July 12, 2022, July 19, 2022 69+23. Waste/Recycling Containers (Residential/Commercial) and Waste Disposal Services, 10/20/22 at 4:00PM. 4/1/2023 to 3/30/2026
695-23, Traffic Signal Systems and Safety Barrier Products, la/27/22 at 4:00PM 4/1/2023 to 3/30/2026
696-23. Radio Communication and Video Recording Products and Services, 11/3/22 at 4:00PM, 4/1/2023 to 3/30/2026
That said newspaper was regularly issued and circulated on those dates,
SIGNED:
697-23, Driver TrainIng Simulation Equipment and Services, 11/3/22 at 4:00PM, 4/1/2023 to 3/30/2026
69&23, Public Safety and Firehouse Supplies and Equipment, 1 1/10/22 at 4=00PM. /1/2023 to 3/30/2026
Multi-Media Account Exe1 69%23, Oral Interpret8llon and Written Translation Sewlc8s, 1 2/8122 at 4:00PM 6/1/2023 to 5/31/2026
Subscribed to and swornV me this 19th day of July 2022. 70&23. Asphalt Products and Parking/Road Striping Services, 12/15/22 at 4:00PM, 6/1/2023 to 5/31/2026
701-23. Swimming Pool Chemicals. Supplies and Equipment, 12/15/22 at 4:OOPM. 6/1/2023 to 5/31/2026
Kimberly Dawn Me#e®lotary Public, PoHer C1
Texas
702-23, Library Books, Used Textbooks, and Other Books, 1/1 2/23 at 4:00PM 6/1/2023 to 5/31/2026
My commission expires: January 09, 2023 703-23. Highway Safety and Traffic Control Products. 1/1 9/23 at 4:00PM. 6/1/2023 to 5/31/2026
ID Ni 131847518
70+23, First Aid, Emergency Medical, and Athletic Trainer Supplies and Equipm8nt 1/26/23 at 4:00PM, 6/1/2023 to 5/31/2026
70$23, Fietd and Turf Irrigation Products, Landscaping Products, and Specialty Conditioners/Soils, 2/2/23, 6/1/2023 to 5/31/2026
Texas Association of School Boards/AMA
12007 Research Blvd.
AUSTIN, TX 78759
70&23, Grounds Maintenance Equipment, Parts, and Supplies. 2/9/23 at 4:00PM. 6/1/2023 to 5/31/2026
707-23, Copy/Office Paper and Toner Supplies. 2/1 6/22 at 4:00PM, 6/1/2023 to 5/31 /2026
-Completed sealed proposals will be received by the Local Govemment Purchasing Cooperative either by subrnittin9 the Proposal
electronically through the Coop8rativo's designated website or by hard copy submission at Local Govemment Purchasing Cooperative, Cooperative Purchasing
LOCALiQ
Austin
American-Statesman
PO Box 631667 Cincinnati, OH 45263-1667
PROOF OF PUBLICATION
Tx Assoc Of School Boards
Ann IUelonie Perry
Tx Assoc Of School Boards
12007 Research BLVD
Austin TX 78759-2429
STATE OF TEXAS. COUNTIES OF BASTROP. BELL, BLANCO,
BURNET, CALDWELL. COMAL, CORYELL, FAYrrrE.
GILLESPIE, GUADALUPE, HAYS, KERR, LAMPASAS. LEE.
LLANO. MILAM, TRAVIS & WILLIAMSON
nIe Austin American Statesman. a newspaper that is generally circulated in the counties of Bastrop, Bell, Blanco, Burnet, Caldwell, Comal, Cowell, Fayette, Gillespie, Guadalupe, Hays, Kerr, Lampasas, Lee, Uano, Milam. Travis and Williamson, State of Texas, printed and published and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspapers in the issues dated on:
07/1 2/2022. 07/19/2022
and that the fees charged are legal.
Sworn to and subscribed before on 07/19/2022
Publication Cost:
Order No:
$1716.00
7491 710
Customer No:742378
# of Copies:
1 PO #:
TI-IIS IS NOT AN INVOICE!
Please do not use this form for payment renriltance.
VICKY FELTY
Notary Public
State of Wisconsin
Texas A$iQciatian gf $£hQgl
aQatai
Proposal Nurnber, Proposal
Name, Proposal DeadIIne,
Contract EffectIve Date,Contract ExpIratIon Date
69(b23, Energy SavIng LIght-
ing Products, 9/15/2022 at 4:00
PM# 4/1/2023 to 3/3Q£2026
691.23, Water Treatment
Chemicals and Pipe Bursting
Equjpment, 9/22/2022 at 4:00
PM, &:1/2023 to 3n(y2026
692o23f SOftware as a ServIce
(SaaS) Products, Cybersecu-
rity Assessments and
Related Servlcesl 9/29/2022 at
4:00PM, 4/1/2023 to 3/30/2026
693.23, Background, FInger.
nrinting, and Drug/Dlagnos-
tic TestIng ServIces and
Products, ltVl:Y22 at 4:00P M,
'vln023 to #30/2026
694-23, Waste/Recycjing
Containers (Residen-
tial/CommercIal) and Waste
Disposal Services, ICV2CV22 at
4:00PM# 4Pln023 to :v3Qn026
69$23, TraffIc SIgnal
Systems and Safety BarrIer
Products, ICM27/22 at 4:00PM,
&1/2023 to 3/30/2026
696-23, Radio£ommunlcation
and Video RecordIng Prod.
UCtS and Servicesf llnn2 at
4 : aDP M# #1/2023 to 230n026
697.23, DrIver TraInIng Slmu.
lat Ion Equjpment and
Services4 11/322 at 4:00PM4
'PI/2023 to V30/2026
698.23, PubIIc Safety and
Firehouse Supplies andEqujpment, 1 1/1(V22 at
4 :00PMz /ln023 tO 3/30/2026
699-23, Oral Interpretationand Written Transtation
Services# 12/8n2 at 4 :00PMf
&ln023 to 5/31/2026
70(F23, Asphalt Products and
Parking/Road StrIpIng
Services, 12/15/22 at 4:00P M,
6/ln023 to 5/31/2026
701 .23, Swimming Pool
ChemIcals, SunnIIes and
Equjpment, 12/1922 at
4 : ODPM, 6/1/2023 to 5/31/2026
702-23, LIbrary Books, Used
TextbookiSi and Ofher Books#
1/12n3 at 4:00PM, &1/2023 to
5/31n026
70&23, Hjghway Safety and
Traffic Control Products,1/i9n3 at 4:00PM, &ln023 to
5/31a026
704.23, FIrst AId, Emergency
Medical a and Athletic
Trainer Supplies and Equjp
ment+ 1/26/23 at 4 : 00 PMI
6/1/2023 to 5/33/2026
70S23, Field and Turf Irrjga.
tion Products, LandscapIng
Products, and SpecIalty
Conditioners/SoIls# 2/2/23 e
6/1/2023 to 931/2026
706.23, Grounds Maintenance
Equjpment, Parts, and
Supplies, 2/9/23 at 4:00PM,
6/in023 to 5/31/2026
707.23, Copy/OffIce Paper
and Toner SuppIIes, 2/16/22 at
4:00PM£ #ln023 to s/31n026
"Completed sealed proposals
wIll be receIved by the LocalGovernment PurchasIng
Cooperative eIther by
submittIng the Proposal
electronicaljy through the
Coooerat Ive’s desIgnated
websIte or by hard copy
submissIon at Local Govern.
ment Purchasing Coopera.
tive, Cooperative PurchasIng
Office, 12007 Research Blvd.,
Austin, TX 78759 or as set out
In the InstructIons to
Prooosers.“
NOTE: Proposal InvItations
will be available at
www. vendor .buyboard.com.
The Cooperative reserves the
right to relect any or all bids
and to waive any formalitIes
in bidding except time of
filing .
JUjy 12.19. 2022 7491710
BROWNS VIIIFM
PUBLISHER’S AFFIDAVIT
I Sally Rodriguez, being duly sworn on her oath states that she is a representative of The Brownsville Herald and that the attached notice appeared in the following issues:
Date: July 12, 19, 2022
Acct: 40021292-Texas Asso. Of School Boards
Ticket: 30212638-Request For Proposals
%
arm)Riba
Subscribed and sworn to before me on this the Olst day of August 2022
SYLVIA A GONZALEZ
My Nobry ID # 126798688
Wes May 19, 2025 P 'on County
State of TexZs
MyBrownsvilleHerald.com - 07/12/2022
182 BId Notices $2 Bid Notices 182 Bid Notices 82 Bid NoHces Texas Association of School Boards
o M
Nun&m
r t a M
PM
a e
Bursting Equipment I PM
O
Cybersecurity Assessments and Related 1 4:CX>PM
Services
a PM
Diagnostic Testing Services and
Pra]ucts
694-23a r
(Residential/Commercial) and Waste
Disposal Services
695-2mr tc Signal Systems andSae
Prcxiucts
c a
Recording Products and Services
M2nif=ii;irnuldMprnent n/3/22 at 4:00PM
and Services
698-=[ Publlc Safety and Fle
and EquipmentmTer
Translation Services
-iT-_tc
Striping Service?
701 -23w r )PM
Equipment
1 e
Other Books
'®M-;ieiymn www.vendor.buybwrd.com . The Cooperative
nsenfes the right to rejnt any or all bids and to waive any formalities in bidding except time of filing.
Pay, ered by T=CFtAV't .qAugust 1 2022 3:21 pm IGbn .5:001
MyBrownsvilleHerald.com - 07/19/2022
W2 Bid Notices $2 Bid Notices $2 Bid Notices $2 Bid Notices 182 Bid Notices $2 Bid Notices Texas Association of School Boards
r M Contract ExpRatnn Date
Numtnr
690-23 [ Energy Saving Llghtt 9/q5/202a
PMiiDfmrzaemM
Bursting Equipment [ PM
692-moRware as a ServIce (SaaSr
Cybersecurity Assessments and Related 1 4:CDPM
Services
a M
Diagnostic Testing Services and
Pr(xlucts
m–---c e
(Residential/CommerdaD and Waste
Disposal Services
iii:amr n
Prcxlucts
1 Recording Products and Services
69743Hr ng Simulation Equipme
and ServIces
l
and Equipment
-ii;:;iT– Oral Interpretation ac
Translation Services
mTGIiiTri;;;ii;ii=gTa
Striping Services
n
EquipmenTml c
Other Books
7mTaa
Products
1 r t 4.00PM
Athletic Trainer Supplies and Equipment
a >
Landscaping Products. and SpecialV
Conditioners/Soils
Ti;iTnce Equ,pment, Paria
and SuppIIes
707-23 ; C:,;–
Page : 806
4/1/2023
4/1/2023
330/2026
330/2026
4/1/2023 3/30/2026
4/1/2023 3/30/2026
4/1/'2023
4/1 /2023
3'’30/'2026
3/30/2026
4/1/2023 V30/2026
4/1 /2023 3,'30/2026
6/1/2023
©1/2a23
5/31/2026
5/31/2026
Nl/2023 5/31/2026
M/2023 5/31/2026
&IR023
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a/1/2023
5/31 /2026
5/31l'2026
5,'31/2026
&'1/2023 5/31/2026
#1/2023 581/2026
“Completed sealed proposals will be received by the Local Government Purchasing Cooperative either by submitting the Proposal electronically through the Cooperative's designated website or by hard cow submission at Local Government Purchasing Cooperative, Cooperative Purchasing Office. 12007 Research Blvd., Austin, TX 78759 or as set out in the Instructions to Proposers.'
NOTE: Proposal Invitations will be available at www.vendor.buyboard.com . The Cooperative reserves the right to reject any or an bids and to waive any formalities in bidding except bme of filing.
Powered by TtCNA\'IAAugust 1 2022 3-22 pm f GMT -5:301
0034211157 TEXAS ASSOCIATION OF SCHOOL Page 1 of 2 ouston
CLASSIFIEDS
HBMEDIA
GROUP
IARS Tb
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS:
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, the Newspaper Representative at the HOUSTON CHRONICLE, a daily newspaper published in Harris County, Texas, and generally circulated in the Counties of: HARRIS, TRINITY, WALKER, GRIMES. POLK. SAN JACINTO. WASHINGTON. MONTGOMERY. LIBERTY. AUSTIN.
WALLER. CHAMBERS. COLORADO, BRAZORIA, FORT BEND. GALVESTON, WHARTON, JACKSON, and MATAGORDA and that the publication, of which the annexed herein, or attached to, is a true and correct copy, was published to-wit:
TEXAS ASSOCIATION OF SCHOOL
RAN A LEGAL NOTICE
0034211157 HOUCO04513224
SIZE BEING: 3x68 L
Product
HOU Chronicle
HOU Chronicle
Date
Jul 12 2022
Jul 19 2022
Class Page
Bids and Proposals B 4
Bids and Proposals B 4
/&y/iRa hELl' A-PiM
Sworn and subscribed to before me, this 19th Day of July A.D. 2022 f:;i $i}};gig q : L fi:%
ga:a%/IOg)WmMrT6rii-g;mm;;&##mr {/;.„#
0034211157 TEXAS ASSOCIATION OF SCHOOL Page 2 of 2
Torn Allwidion gI $ehud Bomb
Proposal Number:Proposal Name, Proposal Deadline, Contract EffectIve Date, Contract Expintim Date
%MEn:y SwIng LWin li FUHudb' 9/154ZOZZ at 4:00 P L 4/FaQ 3 to 691•23. Water Treatment Chemicals and Pipe BurstIng Equtpment, 9/22/2022at 4:00 PM, 4/1/2023 to 3/30/2026 692.23, Software as a Service (SaaS) Pr€xfucts, Cybersecwity Assessmatts and Related Suvices, 9/29/2022 at 4:00PM, 4/1/2023 to 3/30/2026 ga3iiidl$Y3'/u;BfI:899i:!;$;g3D£IS;gHg&;g£T“tingswic“and 694'23, Waste/RecycIIng ContaIners (RnldenU81/Commerchl) and Waste DIsposal Savic8s, 10/26/22 at 4DOPM, 4/1/2023 to 3/30/2026 69$23, Traffic SIgnal Systuw and Safety BarrIer Products, 10/27/22 at 4:OOPN 4/1/2023 to 3/3(F/2026
69&23, RadIo CommunIcation and VIdeo Recording Prtxlucts and Services, 11/3/22 at 4DOPM. 4/1/2023 to 3/30/2026
697'23, DrIver TraIning Slmulatbn E4uipment and Services, 11/3/22 at 4:QOPM,4/1/2023 to 3/30/2026 - - 698'23, Public Safety and FIrehouse Supplies grId EquIpment, 11/10/22 at 4DOPM, /1/2023 to-3/30/2026
69S23, Oral Interpretation and WrItten Tnnslation Sewices, 12/8/22 at 4:00PM 6/1/2023 to 5/31/2026
700'23. Asphalt Prcxlucts and Parking/Road StripIng Services. 12/ 15/22 at4:00PM, 6/1/2023 to 5/31/2026 701-23, SwimmIngPool ChemIcals, Suppllu and EquIpment, 12/IW at4XJOPM, 6/1/2023 to 5/31/2026 ' - ' ' ' 702'23, Library Books, Used Textbmks, and Other Books, 1/12/23 at 4:OOPM,6/1/2023 to 5731/2026 703.23, Highway Safety and Traffic Control Products, 1/19/23 at 4:OOPM, 6/1/2023 io 5/31/2026
704'23, First Aid, Emeaency Medical, and Athletic TraIner SuppIIes and Equip•ment, 1/26/23 at 4:00PM, 6/1/2023 to 5/31/2026 705'23, Field and Turf Irrigation Products, Landscaping Pr(xlucts, and SpecialtyConditIoners/SoIls, 2/2/23, 6/1/2023 to 5/31/2026 - ' ' 706'23, Grounds Maintenance Equipment, Parts, and SuppIIes, 2/9/23 at 4:00PM, 6/1/2023 to 5/31/2026
70Z'?.3,£9ez/Ofnce Paper and Taler SuppIIes, 2/16/22 at 4DOPM, 6/1/2023 -Completed sealed proposals will be received by the Loal a>vanment Purchas• 1118 Cooperative either by submIttIng the Propcg31 etectronically through the CcbperitJve's designated website d by hard'copy submIssIon it LocarGovern- merit PurchasIng Cbowrative, Coopedtlw Purehastn8 attlee, 12007 Research Blvd., AustIn, TX 78759 or as set dut in the Instructlobs to Proposer£” NaTE: Proposal Invitations will be a%ilabte at www.vendor.buyboanLeam The CooperatiJe ruewes the right to reject any or all bids and to +dw any formali• ties-in bidding except time if fIIIng.
AFFP
Texas Association of School Bo
Texas Association of School Boards
Laurie Terry
TEXAS ASSOC OF SCHOOL BOARDS
12007 RESEARCH BLVD
Proposal Number, Proposal Name, Proposal Deadline, Contract Effective Date, Contract Expiration Date
AUSTIN, TX 78759
69Cb23. Energy Saving Lighting Products, 9/15/2022 at 4:00 PM, 4/1/2023 to 3/30/2026
691-23, Water Tr8atrnent Chemicals and Pipe Bursting EquIpment 9/22/2022 at 4:00 PM, 4/1/2023 to 3/30/2026
692.23, Software as a Service (SaaS) Pmducts, Cybersecurity Assessments and Related Services. 9/29/2022 at 4:00PM, 4/1/2023 to 3/30/2026-
Affidavit of Publication 69&23, Background, Fingerprinting. and Drug/Diagnostic Testing Services and Products, 10/1 3/22 at 4:00PM, 4/1/2023 to 3/30/2026 State of Wisconsin
County of Brown 69+23, Waste/RecycIhg Containers (R%idontial/Cammerdal) and Waste Disposal Services, 10/20/22 at 4:00PM, 4/1/2023 to 3/30/2026 1, said Legal Clerk, being duly sworn, says:
That I am the Legal Clerk of the Avalanche-Journal, a
daily newspaper of general circulation in the counties of:
Cochran, Crosby, Dawson, Floyd, Gaines, Garza, Hale,
Hockley, Lamb, Lubbock, Lynn, Motley, Telly, and
Yoakum, Texas; printed and published in Lubbock,
Lubbock County, Texas; that the publication, a copy of
which is attached hereto. was published in the said
newspaper on the following dates:
69$23, Tra Ric Signal Systems and Safety Barrier Products, 10/27/22 at 4:00PM, 4/1/2023 to 3/30/2026
69&23, Radio CommuniaUon and Mdeo Recording Products and Services, 11/3/22 at 4:00PM, 4/1/2023 to 3/30/2026
697-23, Driver Training SimulaUon Equipment and Servic8s, 11/3/22 at 4:00PM, 4/1/2023 to 3/30/2026
698.23, Public Safety and Firehouse Supplies 8nd EquIpment, 11/10/22 at 4:00PM, /1/2023 to 3/30/2026
July 12, 2022, July 19, 2022 69S23, Oral Interpretation and Written Translation Services, 12/8/22 at 4:00PM, 6/1/2023 to 5/31/2026
70&23, Asphalt Pn:>ducts and Parking/Road Striping Services, 12/15/22 at 4:00PM, 6/1/2023 to 5/31/2026
That said newspaper was regularly issued and circulated on those dates.
SIGNED: –
701.23, Swimming Pool Chemicals, Supplies and Equipment, 12/15/22 at 4:OOPM. 6/1/2023 to 5/31/2026
,/W.–702-23, Library Books, Used Textbooks, and Other Books, 1/12/23 at 4;00PM. 6/1/2023 to 5/31/2026
Legal Clerk 70:>23, Highway Safety and Traffic Control Products, 1/19/23 at 4:00PM. 6/1/2023 to 5/31/2026
and sworn to me 19th day of July 2022.
7M23, First Aid, Emergency Medial, and Athletic Trainer Supplies and Equipment, 1/26/23 at 4:00PM, 6/1/2023 to 5/31/2026
d,'Id-J\
7=c'-FtY=f “'"-‘
70$23. Field and Turf Irrigation Products, Lnndscaping Products, and Specialty Conditioners/Soils, 2/2/23, 6/1/2023 to 5/31/2026 706-23, Grounds Maintenance Equipment, Parts, and Supplies, 2/9/23 at 4:ODPM, 6/1/2023 to 5/31/2026
My commission expires:
707-23, Copy/Office Paper and Toner Supplies, 2/16/22 at 4:OOPMI 6/1/2023 to 5/31/202600000173 16120578 8002115454
-Completed sealed proposals will be received by the Local Government Purchasing Cooperative either by submitting the Proposal electronically through the Cooperative's designated website or by hard copyAMY KOKOTT Notary Public
State of Wisconsin
submission at Lanl Govemment Purchasing Cooperative, Cooperative Purchasing Offi@, 12007 Res%nh Blvd., Austin, TX 78759 or as set out in the Instructions to
Proposes.-
NOTE: Propasal Invitations will be available at www.vendor.buyboard.oom .
The Cooperative reserves the right to reject any or all bids and to waIve any formalities in bidding except time of filing.
HEARST T£qs A§!ocJatlpn_ o! School Boards
Proposal Number, Proposal Name,
Proposal Deadline. Contract Effective
Date. Contract ExpiratIon Date
MEDIA SOLUTIONS
B?!!Ha!!eig1;8:bnhti5?Ji9827;Incts'
3/30/2026
San Antonio Express News I ExpressNews.com I mySA.com 691.23. Water Treatment Chemicals and Pipe Bursting Equipment. 9/22/2022 at
4:00 PM, 4/1/2023 to 3/30/2026
SAN ANTONIO EXPRESS - NEWS
AFFIDAVIT OF PUBLICATION
692'23. SoNy/are as a Service (SaaS)
Products. Cybersecurily Assessments andRelated SerQices, 9/2972022 at 4:00PM4/1/2023 to 3/30/2026 693'23, Background. Fingerprinting, and
Drug/DIagnostic Testing ServIces andProiiucts;’10/13/22 at &00PM. 4/1/2023 to 3/30/2026STATE OF TEXAS:
COUNTY OF BEXAR 694'23. Waste/Recycling ContaIners
(Residential/CommbrciaT) and WasteDisposal Services. 10/20/22 at 4:00PM.4/1/2023 to 3/30/2026 personally appeared: Geena Garza, who after being duly sworn, says that she is the Bookkeeper Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day 695.23. Traffic Signal Systems and Safety Barrier Products. 10/27722 at 4:00PM.
4/1/2023 to 3/30/2026
of HEARST NEWSPAPERS, LLC - dba: SAN ANTONIO EXPRESS - NEWS, a newspaper published in Bexar County, Texas and that the publication, of which the annexed is a true copy, was 696'23. Radio Comlnunication and Video
Recording Products and Services, U/3/22
Jt 4:QOPM, 4/1/2023 to 3/30/2026
published to wit 697'23. Driver Training Simulation
Equipment and Servicds.' 11/3/22 at4:OdPM, 4/1/2023 to 3/30/2026 698.23, Public Safety and Firehouse
Supplies and EquipMent, 11/10/22 at4:CiOPM, / 1/2023 to 3/30/2026Customer Customer ID
Order ID Publication pub Date
699''23, Oral Interpretation and WrittenTranslation Services. 12/8/22 at 4:00PM. 6/1/2023 to 5/31/202620000624TEXAS ASSN OF SCHOOL
BOARDS
3421 1090 SAE Express-News 07/12/22
SAE Express-News 071\$122
700-23. Asphalt Products and
P3rking/Road StrIping Ser/Ices. 12/15/22at 4:0(iPM, 6/1/2623-t, 5/31/2026 701'23. SWImming Pool Ch_emicajs,Supplies and Equk>ment, 12/15/22 at 4:OOPM, 6/1/2023 to 5/31/2026
702-23. Librarv Books. Used Textbooks
and Other Books. 1/12/23 at 4:00PM
6/ 1/2023 to 5/31/2026
703.23. Highway Safety and TrafficControl Pr6ducts. 1/19/23 at 4:00PM. 6/1/2023 to 5/31/2026
{m/da”}AvqGeena GarZa
704-23. First AId. Enlergency MedIcal.
and AthletIC TraIner Supplies and
Equipment. 1/26/23 at -4:00PM, 6/1/2023to 5/31/2026
Bookkeeper 705-23, Field and Turf IrriRation Products,
Landscaping Products, and Specialty
Conditioners/Soils. 2/2/23. 6/1/2023 to
5/31/2026
Sworn and subscribed to before me,20-zZ 706-23, Grounds Maintenance Equipment Parts. and Supplies. 2/9/23 at 4:0QPM.
6/1/2023 to 5/31/2026
Notary public in and for the 707.23. Copy/Otfice Paper and Toner Sllpplieq, 2/16/?? at 4:00PM, 6/1/2023to 5/31/2026
dieIn,n ,nU- P r•+ ++nU-ne-•••nIan=n W=
'/, Mr, } 1 ( i', P. y LIU ’'I D }- C> ; IT ER
! !!ct.:. .. o, ’,I,c S1£!e of TI.Bis]
;': : I-i } till ., in Expires 1 b-27-2025
-Completed sealed proposals will be re-
ceived by the Local Government Purchas.
ing COoperatIve eIther by submitting the
Proposal electronically ihrough the–Coop.
erafive's designated wibsite dr by hard
copy submissIon at Local Government
Pu-rih3sing Cooperative, Cooperative Pur.
chasing Office, 12007 Reuarth Blvd
Austin. TX 78759 or 35 set out in the In-
structions to Proposers.":: I,f F:': I .: ,/ ID 13341e;864 =,X-= aT#
NOTE: Proposal InvItatIons will be
available at v/ww.vendor.buyboard.com.
The Cooperative reserves the right to
reject any or all bids and to waive anyfoima]iti6s in bidding except time of !iling
The Oregonian
LEGAL AFFIDAVIT
AD#: 0010372344
State of Oregon,) ss
County of Multnomah)
newspaper published in the city of Portland, with general circulation in Oregon, and this notice is an accurate and true copy of this Bradley Dion being duly sworn, deposes that he/she is principal clerk of Oregonian Media Group; that Tbe Oregonian is a public date(s)
notice as printed in said newspaper. was printed and published in the regular edition and issue of said newspaper on the following The Oregonian 07/12, 07/19/2022
Sworn to and subscribed before me this 19th day of July 2022 #Mtb b
Notary Public
Texas Association of School Boards
roposal Number, Proposal Name, Proposal Deadline, Contract Effective Date,I Contract Expiration Date
90-23, Energy SavIng LIghting Products. 9/15/2022 at 4:00 PM. 4/1/2023 to! 3/30/2026
91.23. Water Treatment ChemIcals and PIpe Bursting EquIpment, 9/22/2022 a1 4:00 PM. 4/1/2023 to 3/30/2026
12.23 , Software as a ServIce (SaaS) Products, Cybersecurlty Assessments and I Related ServIces, 9/29/2022 at 4:00PM, 4/1/2023 to 3/30/202693-23. Background. FIngerprIntIng. and Drug/DIagnostIc TestIng ServIces andI Products. 10/13/22 at 4:00PM, 4/ 1/2023 to 3/30/2026
94-23, Waste/RecycIIng ContaIners (ResIdentIal/CommercIal) and Waste DIs' posal ServIces 10/20/22 at 4:00PM. 4/1/2023 to 3/30/2026 $23. TraffIc Sjgnal Systems and Safety BarrIer PrOduCtS. 10/27/22 at 4:00PM, 4/1/2023 to 3/30/2026
96.23. Radio CommunIcatIon and VIdeo RecordIng Products and Services, 11/3/22 at 4:ODPM, 4/1/2023 to 3/30/2026
97-23. DrIver TraInIng SImulatIon EquIpment and ServIces. 11/3/22 at 4:ODPM, 4/1/2023 to 3/30/202698-23. PubIIc Safety and FIrehouse SuppIIes and EquIpment, 11/10/22 d 4:00PM. /1/2023 to 3/30/2026
99.23, Ord InterpretatIon and WrItten TranslatIon ServIces, 12/8/22 d 4:00PM, 6/1/2023 to 5/31/2026
00.23, Asphalt Products and ParkIng/Road StrIpIng ServIces, 12/15/22 a4:00PM. 6/1/2023 to 5/31/2026 01-23. SwImmIng Pool ChemIcals. Supplies and Equipment, 12/15/22 a1 4:oaPM. 6/1/2023 to 5/31/2Q26
02-23. 'Library Books. Used Textbooks. and Other Books, 1/12/23 at 4:OOPM. 6/1/2023 to 5/31/2026
03.23. HIghway Safety and TraffIc Control Products, 1/19/23 at 4:00PM, 6/1/2023 to 5/31/2026
04.23. FIrst AId. Emergency MedIcal. and AthletIc TraIner SuppIIes and EquIp-I ment, 1/26/23 at 4:00PM, 6/1/2023 to 5/31/2026
0$23, FIeld and Turf IrrIgatIon Products, LandscapIng Products, and SpecIalty CondItIoners/SOIls$ 2/2/231 6/ 1/2023 to 5/31/2026
06..23. Grounds Maintenance Equipment. Parts, and SuppIIes. 2/9/23 atl4:00PM. 6/1/2023 to 5/31/2026 07-23. Copy/OffIce Paper and Toner SuppIIes. 2/16/22 at 4:00PM. 6/1/2023 to 5/31/2026
“Comnleted sealed proposals wIll be receIved by the Local Government Pun chasIng CooperatIve eIther by submitting the Proposal electronIcaljy through the Coopera+lve's designated website or by hard copy submIssion at Local Governrient PurchasIng CooperatIve, CooperatIve PurchasIng OffIce, 12007 Research Blvd.. AustIn, TX 78759 or as set out in the InstructIons to Proposers.'
OTE: Proposal InvItatIons wIll be avaIlable at www.vendor.buyboard.com .
The CooperatIve reserves the rIght to reject any or all bIds and to waIve anY formaIItIes in bIddIng except tIme of fIIIng.
Questica
A Eun8 Solutions Brand
Questica Budget
Proposal
CITY OF DOWNEY CA 1 OCTOBER 2023
Prepared By: Carlos Perez
Prepared On: October 30th 2023
www .qu estlca.com CopyrIght Queqtjca. All rl(
ATTACHMENT C
hts
+aQuestica
A Euna SolutIon• BrandOctober 30th 2023
Stephen Hannah
Finance Director
City of Downey CA
Dear Stephen,
Questica Ltd. is thrilled with the possibility of partnering with the City of Downey in its effort to transform the current budget development and management process. We welcome an opportunity to leverage over 25 years of success with similar sized customers across North America to help the City of Downey Transition from labor-intensive, unsupported on premise software to an efficient, comprehensive, cloud based budgeting and forecasting software system
Enable staff to more actively participate in a collaborative budgeting process remotely or in the office Better serve the planning team, finance staff, executive leadership and the community by facilitating analytics with up- to-date information presented in actionable reports, dashboards. and queries Budget more effectively for personnel, manage multiple scenarios and decision packages in a single system with a consistent, user-friendly user-interface
Questica proposes a Software-as-a-Service (SaaS) subscription of our industry leading multi-user Questica Budget solution and our professional services for implementation, integration, configuration, training, and post-implementation customer support. Questica is unique in providing a fully integrated solution offered with a consistent and well-organized user-interface that is purpose-built for budgeting in the public sector.
Simply put, Questica is THE most trusted budgeting solution provider by governments in North America. Some key considerations that set Questica apart include the following • Full circle, end-to-end budgeting solutions: Questica provides a single solution with modules and functionality to address your budgeting needs from start to finish. Per your requirements, we’ve provided a proposal that addresses your Operating and Personnel budgeting needs
More configurable, less customizations: Questica’s 25 plus years in the government budgeting space means we've seen best practices across multiple budgeting approaches at hundreds of State and Local agencies and organizations Rather than customize the platform for each approach, Questica builds in incremental best practices as configurable options, offering Questica customers the ability to replicate those processes without re-inventing the wheel. Ultimately, this leads to quicker, less costly, and more stable implementations for long-term ROI • You are in control: Questica Budget is designed for client-side administration. with security, reports, and workflow configurable at the admin user level. We also leverage a single tenant architecture. which means that each customer has a unique and segregated instance of our software, enabling the City of Downey to choose when to apply software updates, based on your convenience and schedule
• Singular focus and purpose built for government: Questica Budget is not a generic “one-size-fits-all" solution, nor is it a “Swiss army knife” that proposes to do many things half-well. Instead, Questica Budget is a point solution that excels at enabling a collaborative budgeting process for state and local governments, and public agencies. Since our inception, we have been 100% focused on crafting best-in-class budgeting solutions for the public sector. • Right sized for you. Questica is big enough to support your organization, yet nimble enough to remain agile. We currently have 130+ employees, which means we have the resources needed to support large-scale, complex implementations while remaining flexible to accommodate your unique requirements. We manage all aspects of our customer implementation, from kick-off to post-implementation support, exclusively with Questica employees We have an unmatched track record of success in implementing our solutions for government organizations and we stand firm in our 'getting it done right the first tIme’ mission. We look forward to continued conversations with your finance team and to demonstrating how Questica will provide unquestionable value and return on investment to the City of Downey Sincerely
Carlos Perez
Senior Account Executive
carlos . perez(a2eunasolutons.com
877,707.7755 ext.4421
CONTENTS
WHO WE ARE 4
5 6
7 WHO USES QUESTICA BUDGET?
ABOUT QUESTICA
KEY BENEFITS OF QUESTICA
QUESTICA BUDGET
OVERVIEW
OPERATING MODULE
PERSONNEL PLANNING & BUDGETING MODULE
CAPITAL MODULE
PERFORMANCE MODULE
QUESTICA INTEGRATION SYSTEM (OIS)
STATISTICAL LEDGER
70 70
70 SPECIAL FEATURES
ALLOCATIONS
ADVANCED SEARCH ES
REPORTING AND DASH BOARDS
CHANGE REQUESTS/DECISION PACKAGES
ADVANCED CALCULATION ENGINE (ACE)
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12 12
12 12
13 14
15 16
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QUESTICA’S DIGITAL BUDGET BOOK SOLUTION
OPEN BOOK TRANSPARENCY AND DATA VISUALIZATIONS
GOVERNMENT PROCUREMENT OPTIONS
QUESTICA BUDGET PRICE QUOTE
PRICING NOTES
SUMMARY
www.quest ica.com © Copyright Questica. All rights reserved
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WHO WE ARE
For the past 25 years, Questica has partnered
with public sector organizations to enable
data-driven budgeting and decision-making,
while increasing data accuracy and
productivity and improving stakeholder trust.
These organizations are modernizing their
business processes using Questica’s
budgeting, performance, transparency, and
engagement software solutions.
Questica is consistently recognized as one of the leading and most trusted budgeting software solutions:
2021 - 2019 As part of Euna Solutions (previously GTY Technology), recognized by Government Technology in their annual GovTech IOO Index which showcases the IOO leading companies serving state and local governments in unique, innovative, and effective ways
2019
2018
CV Magazine’s Canadian Business Awards, “Best Cloud-Based Budgeting Software Solutions Provider.
“lO most trusted public sector solution providers” by Insights Success magazine.
The Questica team is comprised of roughly 130+ technology experts, budget professionals and business specialists who have decades of experience working with local government. We in fact represent the largest group of budget software experts in North America dedicated to serving the public sector.
Euna Solutions is a leading provider of purpose-built, cloud-based solutions that power critical administrative functions and financial operations for the public sector. Formerly GTY Technology, Euna Solutions offers easy-to-use solutions for procurement, payments, grant management, budgeting, permitting and K-12 administration that are proven to increase operational efficiency, transparency, collaboration, and compliance.
Euna Solutions is a trusted partner to more than 2,000 government and public sector organizations across North America, empowering digital transformation and streamlining business processes through a relationship-centered, service-focused approach, Euna propels public sector progress. To learn more, visit www.eunasolutians.com . solutions
Our team understands the unique challenges that government organizations face when preparing, managing, and sharing the details of a budget, and we bring our collective years of experience to the City of Downey’s project.
www.questiea.com © Copyright Questica. All rights reserved
qaQuestioa
A CurIa Solution• Brand
WHO USES QUESTICA BUDGET?
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City of Riverside
City of Whittier
City of Thousand Oaks
City of Corona
City of Santa Ana
City of Malibu
City of Temecula
City of Oceanside
City of Escondido
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City of Palo Alto
City of Santa Clara
City of Sunnyvale
City of San Luis Obispo
California State University, Long Beach
Cal Poly Pomona
Rancho California Water District
Superior Court County of San Diego
Metropolitan Water District of Southern
California
QUESTICA BUDGET CLIENT SUCCESS STORIES
Select a logo to learn more about how our clients are using Questica, CaB
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We have a lot more confidence in the data that’s in and coming out of Questica. The security structure in Questica is much more robust and it’s just a really good powerful system. Some of the things that hadn’t ever worked correctly in the old system, we now have.
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Questica’s customer service and responsiveness are excellent.
Pq DENVER – Kelly Greunke, Manager of Budget Operations+ =6;it;waH an Office, City and County of Denveri www.questica.com © Copyright Questica. All rights reserved. 5
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ABOUT QUESTICA
improve collaboration, eFficieney. and
take cantrQl of your budget to rnake the
most Infarrned decIsions
Questica proposes a Software.as.
a-Service (SaaS) subscription of our
industry leading multi-user Questica
Budget solution and our professional
services for implementation, integration
configuration. training, and post-
implementation customer support.
OUR MISSION
“We’re on a mission to simplify the complexities of public sector finance, empowering brilliance at every turn.”
–TJ Parass, Co-Founder of Questica
At Questica, our mission is to empower many to work together in a secure environment, to take control of their budget, and make informed decisions. For the past 25 years, Questica has partnered with public sector organizations to enable data-driven budgeting and decision- making, while increasing data accuracy and productivity and improving stakeholder trust.
These organizations are modernizing their business processes using Questica’s budgeting, performance, transparency, and engagement software solutions.
OUR GOAL
Questica’s goal is to drive budget transformation by creating a single source of data truth. As a leader of budgeting preparation and management software since 1998, Questica partners with public sector organizations to better enable data-driven budgeting and decision-making, while increasing data accuracy, productivity and improving stakeholder trust.
Over 800 local and provincial governments, colleges, universities, K-12 schools, hospitals, healthcare facilities and non-profit organizations have eliminated spreadsheets using our budgeting, performance, transparency and engagement solutions. Across 50 states, and 12 provinces and territories, we’ve engineered custom budget solutions for public sector customers which seamlessly integrate with existing financial and other systems
WHY CLIENTS CHOOSE US
We have an unmatched track record of success in implementing our solutions for government organizations and we stand firm in our 'getting it done right the first time’ mission. We’ve integrated highly scalable solutions for public sector entities managing budgets of a few million, and other organizations multi-billion-dollar annual spending plans. Our team is comprised of technology experts, budget professionals and business specialists. We are passionate and friendly collaborators who enjoy teaming with our customers to find the right solution to meet their needs www .quest ica.com CopyrIght Questica. All rIghts reserved
KEY BENEFITS OF QUESTICA
CLOUD- BASED
Questica Budget Suite is a cloud-based solution hosted on Questica’s secure Microsoft Azure server. Cloud-based solutions enable clients to access their budget data online at any time and from any location. Hosting on single tenant architecture means your budget data is isolated from other clients’, with the flexibility to choose when to upgrade to new versions of the product.
COLLABORATIVE
Budgeting is a people-centric process that requires communication and teamwork. The Questica Budget Suite is a collaborative platform that allows your budget managers to work with departments to prepare and manage budgets efficiently. We streamline budget access for financial and non-financial contributors; the result improves communication and expedites decision-making This is particularly important if staff work remotely
FUNCTIONALITY
Questica Budget is feature-rich and provides powerful functionality for greater control and visibility into budgets. With the tools to calculate, analyze, forecast, report on, and develop what-if scenarios for budgets, users gain deeper financial insights while creating budgets that last. With seamless integration for flow of data to the existing ERP, users can build budgets based on accurate, real-time financial information
CONFIGURABILITY
Configurability means fewer requirements for customization. This will save time, resources, and complexity both in the initial implementation, and through ongoing use as upgrades and enhancements are released. The bottom line is a significantly lower cost of ownership over your lifetime use of our product.
FLEXIBILITY
COVID-19 continues to challenge communities, heightening the need for local governments to make decisions quickly and accurately. Our product offers the capacity for multiple scenario models, for governments preparing for the future, and pivoting as plans change. When your plans shift, you don’t want to be limited by manual data entry, spreadsheets, or an inflexible legacy system. Questica Budget adapts with you, adjusting to your new budget trajectory to reallocate funds or evaluate potential cost savings.
INNOVATION
Innovation at Questica is driven by feedback on existing product features, and the anticipated need for new features that accommodate new challenges. Questica’s product strategy is based on feedback from our clients, all public sector organizations, and serves as a guiding star that directs our focus. From user forums to early adopter groups, Questica clients are with us every step of the way as we develop new features or improve the functionality of our product Suite.
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QUESTICA
BUDGET
II II II II III
OVERVIEW
The Questica Budget Suite is an end-to-end budgeting system that will help you manage the budgeting process with greater efficiency and accuracy. We are confident that our budget system is the right application for your needs. providing powerful features that support ongoing budget development and reveal key budget insights that may have been hidden in a spreadsheet.
OPERATING MODULE
Questica Budget is designed for non-finance department and non-technical users to prepare and maintain their budgets directly in the system. Budgets can be categorized on an organizational basis where cost centers roll-up into their respective departments and divisions and can also be categorized on a fund basis where cost centers roll-up into their particular funds and fund categories. Cost centers can easily be moved from one department and division to another, as well as from one fund to the next. Additional hierarchical structures can be configured as needed.
Sample COstIng Center Information
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Role-based security ensures that users have streamlined access to only the data and functions that they need. Cost center information can be maintained, and comments, notes, and attachments (e.g., scans, documents, or links) may be added to the budget or even to the detailed line items. Budgets can be managed at a monthly, quarterly, annual, or biennial basis. Grids are configurable and may consist of historical years, current year, and future forecast years www.questlca.com
PERSONNEL PLANNING & BUDGETING MODULE
Questica Budget’s Personnel Planning & Budgeting module performs like a calculator with advanced features, enabling accurate modeling and forecasting all costs associated with positions (filled and vacant) to accommodate the workforce budget. Step or pay increases, cost of living adjustments, new benefits, and other employee-related costs are all accounted for.
Each position is a record of all the information
required to calculate base wages, as well as
overhead costs such as benefits. allowances. and
employer taxes; each is attributed to the
appropriate GL Account (object code). Positions
paid according to a union contract are assigned a
pay grade and step, calculating pay from the pay
scale for that contract. Alternatively, a position’s
base wage can be entered as a distinct salary
value for each position, or as a percentile of the
range configured for a selected grade.
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Sample Monthly Costing – Single Position
CAPITAL MODULE
Questica Budget’s Capital module simplifies and centralizes the process of capital budget planning and execution. Users can import prior years’ budget data (actual costs and budget values) into Questica Budget, and create multi-year capital projects where they can identify their expenditures and funding sources, and make adjustments as they prepare their budgets.
Users can construct their capital projects on
an annual, quarterly, or monthly basis, enter
narrations or explanations for their requests
and categorize their projects based on
different criteria such as tangible capital
assets, fund(s), or project status. Requests
get escalated through the configurable
workflow system integrated within Questica
Budget. Project ranking can also be
administered according to user-defined
criteria, and multiple project scenarios can be
created for each project.
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The Capital module also gives the ability to
manage budgeting activities related to grant
programs of varying complexities. The “type’
field on projects is commonly used to indicate
that the project is to be treated as a grant.Sample Capital Improvement Plan Transparency - Interactive Usual Map www .quest ica.com Copyrtght Que:tlrn A rIghts reserved
PERFORMANCE MODULE
Questica Budget’s Performance module
allows users to establish objectives and
track budget progress toward achieving
these objectives over time. Targets can be
identified by intended outcome, where
warning and critical threshold limits notify
users whenever budget performance
requires attention.
Sample Performance Dashboard
Measures. whether financial or statistical, may reference existing values already in the system, or may otherwise be manually entered. In either case, these measures can also be calculated based on other measures. They can be consolidated under various programs and can also be incorporated into an Organizational Scorecard. Responsibilities can be established for the various Programs and Measures, inclusive of due date and automated reminders, to facilitate workflow processing Questica Budget's Performance module fully integrates with the rest of the Questica Budget Suite and leverages the Questica Dashboard platform. This functionality helps improve performance, encourages innovation within your team, encourages cost-effective practices, and delivers an enhanced level of transparency and accountability
'G;} SPECIAL FEATURES
STATISTICAL LEDGER
The Questica Budget Statistical Ledger allows budget staff to plan and track numbers other than spending dollars (e.g., hours worked, number of clients, resource utilization) Staff can create a budget for any numeric data and work with it very much like financia budgets. This can be very useful for planning and tracking activities and outputs, and the data can be used as a guideline for building budgets. Statistical Ledger data can also be a component of a performance measurement plan.
QUESTICA INTEGRATION SYSTEM (QIS)
Questica Budget will integrate with your city’s financial system via its proprietary Questica Integration System (QIS). QIS is a specialized, database-independent tool developed to exchange data between Questica Budget and external systems on a scheduled or as-needed basis. QIS also simplifies the integration process and reduces the time required to integrate Questica Budget with other customer systems or data warehouses.
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SPECIAL FEATURES (CONT.)
qiQIS provides a highly configurable framework for
importing or exporting budget related or non-
financial data with existing and future external data
sources, using API (Application Programming
Interface) and ETL (Extract, Transform and Load)
integration methods to ensure the budgeting
solution always reflects updated data.
The diagram on the right illustrates the Questica
Integration System. The Questica Budget
application is represented by the symbol at the top,
with the C)IS system in the middle, and various
customer systems on the bottom. When data is
being extracted from an external system and
moved to Questica Budget, data would be moving
from the bottom to the top of the diagram. On the
other hand, when extracting data from Questica
Budget to insert into an external system, data
moves from the top to bottom,
ExrRAcr TRANSFORM LOAD
QUESTICA INTEGRATION SYSTEM
non
DATABASE FILE WEB SERVICE
Questica Integrations Architecture
CLOUD
The process can be scheduled or run on-demand by an authorized Questica user. Monitoring of scheduled integration tasks can be performed in many ways, but the most popular method is exception or failure notification, which can be configured to email one or more people. As detailed below, implementations can include three distinct interface points–two on the financial side and one on the HR/personnel side, and sometimes a fourth
Actual cost
integration
Actual costs are automatically imported into Questica Budget from the Financial System. This can be set up to occur at a variety of timeframes. but most often this automated process of copying the actual costs from the Financial System into the Questica Budget system occurs on a nightly basis. This allows users to see Budget vs. Actuals that are no more than 24 hours old Movement
upon approval
When the budget is approved/adopted, it is typically moved from Questica Budget into the Financial System. the system of record.
Salary sync The process for loading HR/payroEI data into the Questica Budget system Fs via our 'Salaries Synchronization Tool’. This provides a mechanism to populate our salary and benefit engine with data from the city’s HR records system. The integration can be run on demand, whenever updated personnel data is needed in the budget system.
Budget
adjustments
(if required)
As adjustments are made throughout the year (e.g.. transfers, new budget requests, etc.), these changes can also be synchronized between Questica Budget and the Financial System so that budget revisions are always current in both systems,
ALLOCATIONS
The Allocations tool within Questica Budget allows dollars to be moved throughout the Operating and Capital budget in a structured and balanced fashion. The functionality supports complex arrangements of allocations between many budget elements.
An employee’s cost may, for example, be split between multiple programs or cost centers, or Internal Service Provider budgets can be managed. In the latter example, an IT budget that is developed in detail like any other costing center may get allocated to other budget elements, perhaps using a cost driver such as 'number of computers’ as the distribution basis. Once the allocation has been run, each recipient Costing Center will have a Destination Budget Line representing a portion of IT expenses, and the IT Costing Center budget will subsequently have a Recovery Budget Line that effectively zeroes out their allocated budget,
www .quest ica.com Copy ght Out stlc es
SPECIAL FEATURES (CONT.)
ADVANCED CALCULATION ENGINE (ACE)
Questica Budget’s Advanced Calculation Engine is a powerful feature that brings familiar Excel functions into Questica Budget and allows users to create reusable calculation packages/models. The tool is simple to use and is designed to keep users working inside Questica Budget.
In addition to containing familiar Excel functions, there are also budget-specific functions documented in an integrated library, enabling users to reference data based on its qualities rather than by specific location For example, a function can be performed on the budget values for a particular account code or using the actuaFs from a certain statistical account. Functions can also be period-based, enabling the option to reference data from past months or years, or reference a range of data such as the average from the past three years for a given month or quarter.
CHANGE REQUESTS/DECISION PACKAGES
Questica Budget’s Change Requests feature, also referred to as Budget Adjustments, Budget Modifications or Decision Packages, allow authorized users to process pre- and post-approval budget changes, both one- time and recurring, using a controlled process and workflow-based approval. These requests can be created individually, or they can be bundled together and treated apart from the general budget with their own dedicated approval process. Questica Budget does this in a controlled environment so that users can only submit, change, and see budget requests that are appropriate for them.
ADVANCED SEARCHES
Questica Budget’s Advanced Search function is an intuitive user-facing feature that allows non-technical users to compose detailed searches using a variety of comparators and the ability to infinitely nest AND/OR groupings. Essentially, the Advanced Search functionality allows authorized users to perform sophisticated and highly dynamic data analytics and ad-hoc queries based on multiple dimensions, including specific criteria or descriptive words. This robust and powerful tool allows complex queries to be easily built up–one line at a time
REPORTING AND DASH BOARDS
Questica Budget’s reporting and analytics capabilities are delivered as part of its core software feature set.
The system includes pre-built ad-hoc data views (i.e., queries), advanced “smart reports” that combine rows and columns of numbers with graphics (e.g., pie chart), 80+ pre-built ready-to-use reports, each with a variety of input selections, and pre-built dashboards with rich interactive visualizations of information that can be utilized to create actionable at-a-glance displays–all of which include data security to ensure users only see what they’re allowed to see. Standard reports leverage Microsoft’s SQL Server Reporting Services (SSRS) and can be copied and modified by budget staff without requiring programming skills
II II II II III
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Sample FuN-Featured Dashboard
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QUESTICA’S
DIGITAL BUDGET
BOOK SOLUTION
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Questica Digital Budget Book sample screenshot
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Council's Strategic Goals
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II Budget Book
Questica’s Budget Book Studio solution is a user-friendly and comprehensive document management and financial reporting tool that enables our customers to create, collaborate, edit, approve, and publish an annual budget document with ease – eliminating the headaches often associated with managing multiple spreadsheets, version control issues, manual updates, and duplicating content.
Budget Book Studio is directly integrated with the Questica Budget module, allowing budget information to be seamlessly refreshed on-demand. Paired with our Questica OpenBook interactive online transparency solution, customers can provide the community with a complete understanding of the budget that is presented in a manner geared for a non-financial audience.
Key aspects of Questica’s Budget Book Studio include:
+ GFOA compliant–meets all standards for GFOA Award Qualifying Book Production + Automation–automates the creation of fund summary pages, charts, tables, and more + Templates–creates new pages quickly with easy-to-use templates + Multiple Formats–produces budget books in digital (online) and PDF (printed) formats + Charts and Graphs–allows automatic updates of embedded narratives and smart charts tf nr..iHrH
www.questica.com © Copyright Questica, All rights reserved.
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OPEN BOOK
AND DATA
VISUALIZATIONS
OpenBook - Sample Operating Budget: InteractIve Chart
Questica Budget’s OpenBook tool fosters transparency for public agencies, enabling the information to be visualized in an array of charts, tables, bars, graphs, and GIS mapping for Capital planning. Like all Questica tools, OpenBook is intuitive and easy- to-learn. With descriptive text, informational pop-ups, filtering and sorting capabilities, diving in and discovering information is made easy for all stakeholders.
OPENBOOK CUSTOMER EXAMPLES
Select a logo to visit our customers’ OpenBook websites. fIllifllrIliiI State llni\ersit\;}}{\Northridge W CAL POLy SONOMA STATE r=& CAIIFORNIA STArt UNIVtRSITY
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SEE OUR SOFTWARE SOLUTIONS IN AcrioN
Learn how Quest:ica and our software solutions can help your organization today. Our team will reach out to determine how we can help you increase efficiencies for your budgeting process
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GOVERNMENT PROCUREMENT OPTIONS
Today’s modern governments have recognized the traditional methods of procuring software through Request for Proposal are expensive, time consuming, and often very limiting in scope. An increasing number of customers have contracted with Questica utilizing the methods outlined below. 1 Take advantage of contract vehicles and cooperative purchasing agreements . Contract vehicles are commonly relied upon as the most efficient way for governments to buy goods and services. Questica is listed on many cooperative purchasing contracts, such as DIR, Carahsoft, SHI, NASPO, BuyBoard, Sourcewell, and Omnia. These contracts include several vendors and were established via a competitive bidding process, much like an RFP cycle.
“Sole source. ” This method refers to opportunities where Questica is the only provider able to deliver the set of solutions that a government entity is looking for. This can justify the avoidance of an RFP, since there are simply no other vendors in the market who can deliver the necessary goods or services.
Piggyback contracts: To satisfy procurement policy, many Questica customers choose to piggyback from contracts already vetted by a competitive RFP process of similar size and scope. For example, The City of Spokane utilized a piggyback agreement (i.e., cooperative agreement statement) with City of Seattle to purchase Questica. Questica is open to helping explore best fit piggyback options with current customers Emergency Funding: State and local governments need the right tools to remain flexible and make critical data driven decisions. Several Questica customers, such as Imperial County, CA have invoked emergency purchasing measures to fund the purchase of Questica. The funding from the American Rescue Plan Act provides an opportunity for state and local governments to purchase new technology in support of expanding services to citizens and improving responsiveness 2 3.
4. Specifically, sections 602(c)(1)(C) and 603(c)(1)(C) of the Act provide recipients with broad latitude to use the Fiscal Recovery Funds for the provision of government services. Questica Budget now includes a built-in calculator which automates the lost revenue calculation formula as outlined in the guidance. Included below is sample verbiage that could be utilized to justify purchase of Questica Budget using ARPA funds, American Rescue Plan Justification
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Whereas COVID-19 and the required response by the (name of local government) had a significant impact on the budget of (name of local government), and Whereas: expenditures for essential public health and safety workers were higher than budgeted to ensure public health welfare and safety concerns; and
Whereas: remote work of non-essential (name of local government) staff resulting from stay-at-home orders and legislated social distancing in the workplace revealed the need for upgrading IT software and infrastructure: and
Whereas: (name revenue source; e.g. sales tax, hotel tax, etc.) revenues in the (insert most full fiscal year) were reduced due to the economic impact of COVID-19 causing a budgeting shortfall, and Whereas: the (name of local government) needs to procure budgeting and performance management software that will enhance its ability to respond to the COVID-19 emergency and Whereas: the budgeting and performance management software will increase efficiency, improve constituent services. and enable remote work, and
Whereas: the revenues to procure such software are not available due to the economic impacts of COVID-19 on the (name of local government) revenues
Now therefore be it resolved that the (name of local government) hereby declare that the use of American Rescue Plan Act funds in the amount of $ be used to procure... .
Should this method be the preferred procurement option, we are more than happy to facilitate reference conversation. www.questica.com © Copyright Questica. All rights reserved
q Budget
Quest ica Budget
Price Quote
Prepared for:
Stephen Hannah
Finance Director
City of Downey, CA
Prepared by:
Carlos Perez
Questica Ltd.
October 30th 2023
This proposal is subject to a review of your Chart of Accounts and a review of the Scope of Work www .quest ica.com CopyrIght (:Juestica. All rIghtS reserved 16
PRICE QUOTE (CONT.)
q Budget
QUESTICA BUDGET PRICE QUOTE
Quotation ID#, City of Downey CA - I0302023
Description Total
Questica Budget Framework - All Modules
Operating License Seats
Personnel Planning & Budgeting License Seats
Capital License Seats
Unlimited Read-Only Licenses
Performance Measures
Allocations
Statistical Ledger
OpenBook Transparency
Budget Book Studio
Unlimited
Unlimited
Unlimited
Included
Included
Included
Included
Included
Included
Questica Year 1 Software Subscription
(including software, maintenance, support and hosting)$83,216.00 Questica Budget Framework - All Modules
Planning & Analysis
Installation
Data Load & Verify
Accounting Integration
Customizations
Customized Reports
Training
Project Management
Included
Included
Included
Included
Not Included
Not Included
Included
Included
Total Questica Professional Services: (one-time fee)$69.838.00 GRAND TOTAL (Year 1)$153,053.00
www .quest ica.com COpyrIght C)rIghtS
PRICE QUOTE (CONT.)
V Budget
PRICING NOTES
Quotation ID#, City of Downey CA –10302023
Pricing valid though, December 15th 2023
+ Questica annual subscription is based on a 5-year term + Questica will apply a 5% inflationary increase beginning in year 2 Questica Annual Fees
• Year 1 is $153,053.OO (SaaS and Professional Services) • Year 2 is $87,376.80 (includes 5% increase)
• Year 3 is $91,745.64 (includes 5% increase)
• Year 4 is $96,332.92 (includes 5% increase)
• Year 5 is $101,149.57 (includes 5% increase)
• Total 5 Year contract is $529,657.93
Above pricing US dollars. Applicable Taxes Extra. Pricing is not applicable in response to a formal RFP Process.
Terms of Payment
+ Software:
• 100% upon Contract Effective Date (Net 30)
• Year 2 due 365 days from Contract Effective Date and annually thereafter + Professional Services:
• Professional Services
• 25% due the earlier of software installation or 30 days from Contract Effective Date • 25% due the earlier of historical (Operating) budget available for validation or 60 days from Contract Effective Date
• 25% due the earlier of (Operating) actuals import integration configuration created & tested or 90 days from Contract Effective Date
• 25% due the earlier of completion of training or 120 days from Contract Effective Date www .quest ica.com ,tIed All rIghtS reserved
OPEN
Prepared for:
City of Downey, CA
In an effort to drive a better budget process and a better decision-making process, we are evaluating OpenGov Budgeting & Planning, the leading budgeting and strategic planning software solution built specifically for government needs.
OpenGov Budgeting & Planning, part of the OpenGov Cloud, is the industry’s most complete solution for budget process automation, capital planning, personnel cost forecasting, performance reporting, strategic planning, and community engagement.
OpenGov was selected by many of the leading jurisdictions throughout the country, including Santa Barbara, CA, Oakland, CA, Pasadena, CA , Tampa, FL, Savannah, GA, Minneapolis, MN, Dallas County, TX , Kansas City, Mo, Tuolumne County, CA, Santa Cruz County, CA.
PROVIDED SOLUTIONS
Year-Round, Full-Featured Public Sector Budgeting
Maximize end-to-end effectiveness for your entire year-round budget and planning cycle, from near-term forecast adjustments to long-range capital initiatives to continuous budget management and strategic initiative engagement.
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Collaborative, Automated Operatinq Budgets: Liberate your budgeting from disparate spreadsheets with a unified process that seamlessly ties spending to desired outcomes Workforce Planninq: Simplify planning for your most complex and important asset – your people - with scenario analysis, advanced calculations, and integrated budget requests Capital Planninq: Forecast long-term capital expenditures, manage proposals and evaluations, track performance, and easily keep stakeholders from various audiences informed of progress
Online Budget Book: Publish a fully interactive, GFOA award-winning online budqet book that makes future publications vastly more repeatable
Workflow Management: Modernize your internal workflows to reduce your administrative burden
= 24 OperatIng Budget
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User Home Screen includes At-a-Glance Budget Overview and Tasks Precisely calculate fully-burdened personnel costs through workforce planning.
Drive better salary projections, increase visibility into cost drivers, and reduce generic assumptions. You can calculate the fully burdened labor costs of an individual or overall workforce, perform scenario analysis to inform negotiations and budget decisions, run vacancy reporting, compare actual positions to budgeted positions, and request new positions using accurate, updated costs. Whereas other solutions on the market may overburden you with complicated formula coding or require extreme manual manipulation to align your true costs, OpenGov handles the complicated calculations for you. You instead have time to focus on the impact of future costs rr suPPorr SPECIALisT-ivr' a
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Forecast long-term expenditures for capital planninq initiatives.
Seamlessly harness the information your team needs to make educated decisions while providing a working blueprint for sustaining and improving your community’s infrastructures. You can send and receive capital planning proposals, adjust proposal line items, track performance on projects, and comment on key reports. Then, easily create printable dashboards to streamline capital meetings.
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Establish a framework for building any of your budget publications, like your online budget book, faster and more accurately, making the process repeatable and scalable for future years. You can clearly communicate your agency’s priorities all while leveraging templates designed with GFOA best practices in mind.
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Powering OpenGov Budgeting & Planning is OpenGov Reporting & Transparencv. Integrate and synchronize your financial and non-financial data with other data sources including your ERP. When any data point changes, all reports automatically update. You can go beyond seeing your outcomes and truly understand the reasoning behind performance with OpenGov's reporting feature.
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User Home Screen Includes At-a-Glance Budget Overview and Tasks Streamline your internal processes
Achieve 5x faster processes letting your team focus on mission-critical strategic work rather than process drudgery. OpenGov's Workflow Management solution in the Budgeting & Planning suite is the industry’s most user-friendly workflow automation solution, designed to improve the applicant experience and streamline everyday tasks for government employees. Intelligent routing, an easy navigation portal, and easy access to one centralized platform enable your team to raise the bar on productivity with workflows that mirror your exact process and reduce the friction of collaboration.
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Real Results from OpenGov Budgeting Customers:
• Santa Cruz County, CA saved over 500 hours during the budgeting process and won a GFOA Distinguished Budget Award - Video
• Vestavia Hills, AL produced their Budget Book3x faster and had more accurate workforce planning - Case Study
• Alameda, CA cut budget development by 50% and received a GFOA Distinguished Budget Award - Case Study
• Dallas County has modernized its internal budget processes to deliver outcomes for the county- Video
Additional CA Customers
• Pasadena
• Santa Barbara
• Victorville
• Glendora
• Diamond Bar
• Montebello
• Torrance
• Irvine
• Orange
• Carson
• Yorba Linda
• San Bernardino
PRICE QUOTE (CONT.)
q Budget
SUMMARy
Questica greatly appreciates the City of Downey’s interest in learning more about our Company and our software As stated, we welcome an opportunity to leverage our more than 25 years of success in public sector budgeting, to help improve the efficiency and effectiveness of its budgeting process and to provide a technology solution that optimizes and supports the budget formulation and management cycle We are happy to address questions and engage in more detailed conversations to showcase how our software fits your requirements, our implementation approach, and the support our company provides. I would also be happy to facilitate introductions to current clients and would encourage you to connect with your peers to understand why they decided to partner with Questica - the most trusted solution for government organizations
Stephen Hannah
From:
Sent:
T o :
Subject:
Attachments:
Andrew Kercado
Tuesday, October 3, 2023 4:03 PM
Isabel Prieto; Ruby Picon; Stephen Hannah; Vaniah De Rojas OpenGov Budgeting - Estimated Rates for Downey, CA
OpenGov Services vs Others.png; OpenGov Budgeting & Planning Executive Summary - Downey, CA.pdf; Oxnard, CA - Budgeting Software Council Memo.pdf Good Afternoon Downey Team,
I appreciate you giving me a call back this morning to share a little more about the desired scope and overall goals for a Budgeting Projecting.
As discussed - the Budget is one of the most important processes that any City does, and is something that can vary quite a bit from City to City. With this in mind, OpenGov requires that any prospective customers meet with our Professional Services Team to ensure that we have the correct resources aligned (from both parties), detailed information on deliverables, deep understanding of the City's current financial processes, and an understanding of any key timelines / deadlines.
We realize that other vendors do not take this approach, and that OpenGov's approach requires additional time investment up-front - but we find that the extra investment leads to much smoother projects and greatly reduces the risk of a stalled/failed implementation which so many Cities have experienced with software vendors in the past.
That said - I do realize that we are working with a tight timeline, and I appreciate that Steve already has some understanding of OpenGov’s Solutions from his experience in other Cities. I can provide an initial estimate to help with your evaluations.
Initial Project Estimate
• Scope
, Operating Budget, Capital Budget, Payroll Budgeting, Budget Book, Budget in Brief, CcA Mapping to Eden & Steve's Updated CoA Grouping, Management Reporting & Dashboa rds
•Estimated Rates
o Annual Software Rate: r\,$70K-$110K includes unlimited users, unlimited data, all support, hosting, and future updates to the platform
o One Time Deployment COSt: N’$35,000-$60/000 includes con configuration. b„dget setup, budget book, and user training
a Final cost proposal requIres scoping w/ Open(;ov Professional Services Team , Pricing dependent on several factors including scope, length of contract, billing terms, etc
Why OpenGov Budgeting For Downey
• Only Local Government Focused End to End Budgeting Software - including Online Budget Book and Direct Integration to Financial System. Other vendors use a 3rd party 1 budget book publication which creates data errors and relationship issues, or do not directly integrate requiring a time consuming manual upload of data and constant adjusting of chart of accounts setup to stay accurate
Proven Integration with Tyler Eden and ability to map to the City’s Chart of Accounts OR any grouping that Steve puts together. Many other low-cost vendors force you into a generic CoA which greatly reduces the value of the system Robust Workforce Planning Capability including ability to calculate costs for ALL benefits, position tracking, vacancy reporting, annual merit increases based on specific dates, and labor negotiations reporting. Many other vendors can only do basic calculations and cannot provide the detail needed for Citywide personnel calculations White Glove Deployment & Support. OpenGov now has over 500 employees including team made up of ex-government budgeting experts to ensure successful implementation.
Deployment includes weekly/daily configuration meetings with your project team - other vendors rely heavily on training videos and city staff to implement. See attached Slide w/ Details
Best in Class Software Development delivering updates on bi-weekly basis and driven by customer feedback. All new features & updates are included at no additional charge Local Presence. OpenGov is headquartered in California, provides local deployment & support resources, and has a large customer base in the region including Torrance, Montebello, Cerritos (and Budget 90 customers in CA). OpenGov hosts regular user groups for customers in the region.
Ease of use. The OpenGov platform was built with the intent of having users of all technical ability to be able to use the platform
In-application guidance. the platform has built-in support and walk-thrus demonstrations to encourage end-user adoption. This is critical as you look to understand the experience of your department's users
Unlimited Licensing Model. The platform allows for an unlimited number of users and an unlimited amount of content. All of your support, enhancements, upgrades and maintenance costs are included in your annual subscription •
•
•
•
•
•
•
•
I'm excited by the potential to work with you and the City on this project. Please let us know if we can schedule some time this week or early next week to connect with our Professional Services Team to finalize the project plan & proposal - I can have our team prioritize this project to help meet the City’s deadlines.
Look forward to hearing your feedback!
-Andrew
Andrew Kercado
Account Executive - US West
Open(;ov, Inc
San Diego, CA
Cell: (805) 878 9706
akercado@>openqov . com
www . OF)erlgov . corn
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Register for OpenGov Transform 20231
Attend virtually or in a city near you
2 City of Downey - Vena Solution
Description
Vena Platform
Administrative Users
Contributor Users
Customer Support
Purchased Per Unit Cost
1 $25,000.00
3 $2,000.00
22 $1,000.00
Total
$25,000.00
$6,000.00
$22,000.00
Included
Vena Annual SaaS Subscription & Support Fees $53,000.00 One time Implementation Cost **Further Scoping Needed:*** Range of $45,000 to $65,OC
ClearBudgets Onboarding Process
Steps to Get You Up and Running
&ClearGov
Overview
The ClearGov onboard ing process is designed to activate and set up your ClearGov solution.
We have designed the process to be as straightforward as possible. Yes - there are some things you’ll have to do, but the effort is likely to be much less than other robust software implementations you have experienced in the past. With your specific goals and budget timeline in mind, your Implementation Manager will develop a plan and guide you through what needs to be done to get you and your team up and running. The Implementation Manager will work with you and ClearGov’s internal experts to achieve onboarding milestones.
It is important to note that the onboarding process will have a big impact on your long-term success with ClearGov and as such, it is a partnership with both shared and individual responsibilities. Rest assured that your Implementation Manager will keep you informed about progress and next steps along the way. Our job is to help you maximize the benefits you receive by using the ClearGov platform.
“Governments looking for budgeting and transparency
software need to know two things about ClearGov: 1) it’s super easy to use, and 2) the ClearGov Client Success
team is unparalleled in its ability to work individually with each client. I have not found that at any other
company. No one does what CfearGov does, and they
have really helped us do a better job."met him
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Brandon Neish
Finance Director
Citv of Sweet Home. OR
Population: IO,000
Roles & Responsibilities
Effectively and efficiently completing the onboard ing process requires a small group of people - from both ClearGov and Client - with specific roles and responsibilities, as follows.
NOTE: For some customers, one person may play multiple roles.
ClearGov, Inc.Budget Cycle Management
ATTACHMENT D
Client Team
•
•
•
•
Executive Sponsor: Champions the implementation and rollout of ClearGov inside Client. Removes roadblocks and acts as the escalation point if the onboarding process stalls.
Primary Contact: Go-to person at Client who is the main liaison with ClearGov’s Implementation Manager. Responsible for scheduling meetings and ensuring the right people from the organization attend.
Data Exporter: The person responsible for exporting financial data from your ERP / Accounting System and providing Account ID structure information Data Reviewer: The person responsible for reviewing and approving data maps and how your data displays within the ClearGov platform.
ClearGov Team
•
•
•
Implementation Manager: Overall Project Manager for onboarding. Responsible for driving meetings as required and guiding you through the onboarding process.
Ensures alignment with what needs to be done and who needs to do it.
Data Onboarding Consultant: A ClearGov local government finance expert responsible for uploading and categorizing your financial data. Will work closely with the Data Reviewer to complete data mapping.
Training & Enablement Specialist: A ClearGov team member who is deeply familiar with ClearGov products and has developed on-demand educational material available in ClearGov’s Support Center. This person will lead training workshops as necessary for users.
Client Success Manager: Once your onboard ing process is complete, you will be introduced to your Client Success Manager, who is responsible for making sure you achieve your objectives and have ongoing success using the ClearGov platform.
ClearGov Support Team ([email protected]): Everyone on this team understands how ClearGov products work and can answer questions to help you complete a task. The ClearGov Support team is available for technical assistance for all ClearGov customers
ClearGov Data Team ([email protected]): The ClearGov Data Team is responsible for adding new or updating existing data after the initial onboarding is complete, •
•
•
Onboarding Timeline
We have successfully onboarded hundreds of local governments, so we know that different organizations have different objectives and deadlines. Some of our customers want/need to implement as quickly as possible and make ClearGov their #1 priority. Other customers take a more relaxed approach and fit us in among other projects. As a result, the onboarding process typically stretches across 60 - 90 days, which allows enough time for us to collaborate and complete the important tasks mentioned in the next section.
ClearGov, Inc.Budget Cycle Management
Typical Onboarding Timeline
2 - 4 WEEKS 4-6 WEEKS 2 . 4 WEEKS
Discover Prepare•-•• ==-
Train & Configure
IMPORTANT - Meeting Your Deadline: We are happy to work at whatever pace fits your needs, and we recognize that in certain circumstances, you may require an expedited onboard ing process. If you have a specific deadline in mind, please inform your Account Executive or Implementation Manager as soon as possible. We will do our best to meet your deadline (we don’t miss many of them), and we’ll let you know exactly what we need from you - and when - in order to hit your objective.
Onboarding Phases & Tasks
The onboard ing process has six phases, as outlined below. Some of these phases overlap and can occur concurrently to reduce the duration of onboarding. Furthermore, once your product subscriptions are activated you are able to use the product(s) immediately to complete various setup & customization tasks while the financial data you provided to ClearGov is being uploaded and mapped
Phase 1: Discover
The Discover phase is the initial period when you and ClearGov develop a shared understanding of your goals, specific data requirements & structure, budget cycle timeline, and onboarding plan. Depending upon schedules and availability, the Discover phase - in conjunction with the Prepare phase - usually lasts 2 to 4 weeks, starting when you sign the ClearGov service order and your Account Executive connects you with your Implementation Manager. The Implementation Manager is the person who is responsible for overseeing the onboarding process and ensuring both you and the ClearGov team are on track to meet key milestones.
The key objectives during the Discover phase include:
• Share Goals: During the Kickoff call, your Implementation Manager will review and verify the goals you discussed with the Account Executive during the sales process. • Confirm Key Milestones & Dates: This information will be used as input to the onboarding project plan and to ensure that everyone has common expectations. • Define Launch Requirements: The Implementation Manager will guide you through exactly what needs to be completed prior to launching ClearGov applications with your organization.
ClearGov, Inc Budget Cycle Management
Notes
Product su bscription
actIvatIon
Clea rG ov ClearGov will activate your subscription in accordance with the Service Start Date listed in your Service Order. Clea rGov will create your initial Client Admin user, who can then access the platform and add additional (unlimited) users as necessary.
Kickoff & Data
Discovery calls
ClearGov &
Client
The Implementation Manager will schedule two separate 30 - 60 minute Zoom sessions with your team
The first call is to discuss key objectives and the timeline for onboarding. The Client's Primary Contact should attend this meeting and anyone else who would like to be involved.
The second is with a CtearGov Data Onboarding consultant to understand your financial data and collect information for categorizing that data. The Client’s Primary Contact, Data Exporter, and Data Reviewer should attend this meeting
Complete
Implementation
Worksheet
ClearGov &
Client
The Implementation Manager will share a worksheet with a few questions to help us better understand your specific needs and timeline.
Assemble teams and
reso U rces
ClearGov &
Client
Identify and assemble the necessary individuals - on both teams - to participate in onboarding
Create a detailed
project plan with
timeline
ClearGov The Implementation Manager will develop the timeline and project plans and will review these with the Primary Contact.
Phase 2: Prepare
The Prepare phase focuses mainly on helping ClearGov understand how you categorize your financial data and what changes may be necessary in order to display data the way you prefer within the ClearGov platform. During the Prepare phase, we will ask you to export financial data from your ERP or accounting system and provide information on your account code structure.
Data Onboarding
learning path
Client We will share material to help you understand the ClearGov data onboardFng requirements, as well as how certain choices will affect how your data is displayed within our products.
Scope data
implementation
Clea rG ov We will ask you to verify how many years of historical data you wish to include in the platform along with which budget and actual versions you want to onboard
Export Financial Data Client
Client
We will ask you to export financial data from your ERP / accounting system, and we will provide data format requirements Provide mapping
nformation
We wilf ask you to provide guidance about how to categorize line items based on the structure of your Account IDs, i.e. help us understand your Account ID segment codes.
ClearGov, Inc Budget Cycle Management
ClearGov will review the data files and information you provide and will let you know if we have clarifying questions.
Phase 3: Map & Review
Formatting, uploading, and mapping your financial (i.e. general ledger revenue and expense) data is the most important step of the onboard ing process because that data is what enables the full use of our budgeting applications. A ClearGov Data Onboarding Consultant will complete this work while relying on you to provide a complete set of data files and your input along the way. We will need you to attend a few calls, carefully review the mapping and provide timely feedback. It is our goal to make sure your financial data is presented through the ClearGov applications in the way you want.
ClearGov
esponsibility C
Upload and map
financial data
We will format and upload your financial (revenue and expense) data and map each line item into categories such as fund, department, revenue source, and objects
Review initial
rnapplrtg
ClearGov &
Client
We will review your initial mapping with you in a Mapping Review call and develop a strategy for you to provide feedback.
Provide feedback and
iterate initial
rnapplrlg
ClearGov &
Client
If necessary, we will create a mapping feedback form for you to fill out and return to us. We will make mapping revisions based on your feedback.
Review mapping
in-product
ClearGov &
Client
We will review how data flows into key product areas and how you can change how your data looks using product settings. If no initial mapping revisions are required, this process can happen in the initial Mapping Review call
Product-specific
setttngs
Clea rGov &
Client
During the in-product review, we will discuss how specific product settings can impact the presentation of your data, e.g. Digital Budget Book best practices for creating department pages with a consistent look.
Phase 4: Train & Configure
Administrators can begin learning how to use ClearGov as well as configure non-financial application settings while data is being mapped. We have developed comprehensive courses that will provide you with step-by-step instructions on how to configure ClearGov.
Your Implementation Manager will recommend a custom learning path based on the products you have purchased. The specific tasks required in this phase are outlined in the table below.
ClearGov &
Client
Your Implementation Manager will recommend and enroll you in ClearGov Academy courses to help you meet your goals. Courses ClearGov. Inc Budget Cycle Management
learning path and
explore help
reso U rces
are broken down into a variety of product-specific educational elements (e.g. videos, articles, quizzes) for easy consumption Login to ClearGov Academy and begin your learning path, and log in to ClearGov and explore our Support Center resources.
Admin & Editor
Workshops
ClearGov &
Client
Schedule and complete product workshops, as required. (See note below for additional details.) This is instructor-based training, so please come prepared with specific workflow questions.
Configure
non-financial
application settings
Client Complete configurations in selected applications. Some examples:
• Select the pages you would like to include in your
Transparency Center
• Customize Capital Budgeting Forms
• Create Wage Schedules in Personnel Budgeting, etc
Your Implementation Manager will provide a comprehensive list of configuration tasks you can complete while your financial data is being onboarded.
Import non-financia
data
Client Import non-financial data such as existing employee information for Personnel Budgeting and capital requests for Capital Budgeting
Add users to the
system
Client In the User Management application, add all potential users to the system. Adding all users here makes it easy to select the appropriate people when it comes time to request budget input and review.
ClearGov Workshops Overview
ClearGov’s products are designed to be easy to use and our learning resources are robust.
As a result, you may not need a Workshop for all products. If you want one, here are our guidelines:
•ClearGov will provide a 30-minute Workshop for each product in your subscription. •ClearGov Workshops may be attended by both Administrators and Editors •ClearGov Workshops are designed to answer your specific questions about how to use ClearGov’s solutions to meet your specific needs. Therefore, it is highly recommended that you complete the ClearGov Academy courses prior to attending a ClearGov Workshop.
•All Workshops are recorded for your ongoing reference and team access Phase 5: Promote & Educate
ClearGov applications are built to foster collaboration during the budget development process. As such, we want to make sure your entire team knows what ClearGov is and how to get the most from our platform.
ClearGov. Inc Budget Cycle Management
Task Responsibility Notes
Introduce Clea rGov
to colleagues
ClearGov &
Client
Your Implementation Manager will work with you to customize materials (email messaging and supporting materials) to send to key stakeholders in your organization.
Department Heads
complete learning
paths
Client Your Implementation Manager will recommend ClearGov Academy courses for your Department Heads and other users of ClearGov based on the products included in your subscription. Your Implementation Manager will also recommend other resources available through our learning center to ensure your Department Heads are set up for success with ClearGov.
Department Head
Workshop
Clea rGov &
Client
Schedule and complete product workshops, as required. (See note above for additional details.) This is instructor-based training, so please come prepared with specific workflow questions.
Phase 6: Wrap Up
With your onboarding process complete, the Client team will be well-prepared to build and communicate your budget. At this point, your Implementation Manager will introduce you to the ClearGov Team who will support you, including your Client Success Manager. in
ClearGov
Notes
Client Success
Manager assigned
ClearGov will assign a dedicated Client Success Manager (CSM) Your CSM will become your primary point of contact to provide coaching, share best practices, and ensure continued success with your ClearGov platform.
Post-Onboarding
Review call
ClearGov &
Client
Your Implementation Manager will coordinate a call with your new CSM and your Primary Contact to do a final review of any outstanding onboarding tasks as well as to gather your feedback to highlight if any part of the process could have been executed better
Communicate
Support & Data
Request process
Clea rG ov Your Implementation Manager will provide instructions on how to contact our Support Team if you have questions or run into a technical issue.
Your Implementation Manager will also provide instructions on how to submit data uploads or modification requests to the Data Team
Data Requirements
ClearGov’s On boarding process is focused on getting your most complex data up and running on the ClearGov platform. In a nutshell, this means your financial (i.e. general ledger revenue and expense) data - both current and historical information. This data should be readily exportable from any accounting/ERP system. We have partnered with a ClearGov, Inc Budget Cycle Management
few vendors to include an “Export to Clea rGov” button in their solutions and for some others we can provide detailed export instructions. Your IM will let you know what is available based on the accounting/ERP system you use. Your IM will also provide you with a more detailed document explaining data requirements. The highlights are outlined below.
Data Onboarding Requirements by Product
Revenue & Expenditure DataChart ofProductAccounts BudgetedActual aa aOperational Budgeting
a N/A N/APersonnel Budgeting
a N/A N/ACapital Budgeting
aa aDigital Budget Book
a aTransparency
Checkbook
Detail
Data Onboarding Detail
Actual Revenues & Expenditures
• The majority of clients sent us 4 to 6 years, however, there is no limit • By providing more years, trend charts will be more robust • Current FY budget data is used as the basis to create the next FY budget.
Budgeted Revenue & Expenditures
• Current and upcoming
• Past years to display budget-to-actuals (optional)
Check Level Detail (ClearGov Transparency Only, Optional) • if you wish to use the Open Checkbook feature in ClearGov Transparency • Your data must include check-level detail for the most recent fiscal year with as much historical data as you prefer
Line Item Detail File(s)
• Line-item level revenue and expense data. Depending on which accounting system you use, all years may be exported in one file or there may be a file created for each yea r
• Each line item should include full account number, account description, fund and dollar amount. We will also need to know the associated fiscal year and if the line item is tied to revenue or expense.
ClearGov. Inc Budget Cycle Management
• Depending upon which accounting system you’re using, this is often referred to as the Trial Balance Report; Account Inquiry Report; or Budget-to-Actual Report.
Account Number Key
•This is simply an explanation of your account number structure An account number is made up of segments and for each segment we need to know its purpose (i.e. whether it refers to a fund, a department, an object, etc.).
Most accounting systems enable you to run a report to generate this information. It's often called a Segment Report or Chart of Accounts. If yours does not, just let us know. The ClearGov data team has successfully uploaded data for hundreds of clients and will work with you to determine the best options.
•
•
How much data should we provide?
In short, it depends on which product(s) you plan to use:
• Operational Budgeting: Should provide budgeted data for the current fiscal year and any historical budgeted/actual data you would like to be able to view/compare when you are building your next budget. NOTE: The Forecasting module uses historical data to build forecasts, so the more historical data you provide, the better your forecasts will be.
• Digital Budget Book: Should provide budgeted and actual data for any fiscal year that you wish to present in your digital budget, typically 3-5 years. • Transparency: Should provide any budgeted and actual data for fiscal years that you wish to present within your Transparency profile. Generally, we recommend presenting at least 4 years of data to be able to show trend analysis over time, but we can upload as many years as you provide.
ClearGov, Inc Budget Cycle Management