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Agenda packet

Irwindale City Council
September 22, 2026

Document
Agenda packet
Meeting
September 22, 2026
Body
Irwindale City Council
Pages
262
Original file
19.3 MB
Text extracted from the city's file for reading and search. Open the original on irwindaleca.api.civicclerk.com. That file is the official record.

CITY OF IRWINDALE
5050 N. IRWINDALE AVE., IRWINDALE CA 91706 • PHONE: (626) 430-2200

NOTICE AND AGENDA FOR THE AMENEDED SPECIAL MEETING OF THE

CITY COUNCIL

SUCCESSOR AGENCY TO THE

IRWINDALE COMMUNITY REDEVELOPMENT AGENCY

HOUSING AUTHORITY
September 22, 2026
SPECIAL MEETING – 5:15 P.M.

H. MANUEL ORTIZ - Mayor
ALBERT F. AMBRIZ - Mayor Pro Tem
MARK A. BRECEDA - Councilmember
LARRY G. BURROLA - Councilmember
MANUEL R. GARCIA - Councilmember
Via Zoom Webinar: https://us02web.zoom.us/j/87104592389 In the event that a Zoom broadcast is unavailable, staff will promptly notify the public through its social media platforms. The public meeting will proceed in accordance with The Brown Act.

Listen Over Phone: 1-669-900-6833; Webinar ID: 871-0459-2389

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September 22, 2026

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Spontaneous Communications: The public is encouraged to address the City Council on any matter listed on the agenda or on any other matter within its jurisdiction. The City Council will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. The City Council will hear public comments on matters not listed on the agenda during the Spontaneous Communications period.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.

Americans with Disabilities Act: In compliance with the ADA and Government Code section 54953(g), the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can be found on the City’s website: https://www.irwindaleca.gov/DocumentCenter/View/8075/AB2449-Reasonable-Accommodation-Policy. If you need special assistance to participate in a City Council or Commission meeting or other services offered by this City, including an electronic or printed copy of the City’s reasonable accommodation policy, please contact City Hall at (626) 430-2200. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Note: Staff reports are available for inspection at the office of the Chief Deputy City Clerk, City Hall, 5050 N.

Irwindale Avenue, during regular business hours (8:00 a.m. to 6:00 p.m., Monday through Thursday).

Compensation for Board Members: Compensation for the members of the Irwindale City Council is $750.16 a month. In accordance with Government Code Section 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the regular meetings of the Successor Agency to the Irwindale Community Redevelopment Agency. Councilmembers will receive additional compensation of $50/meeting, not to exceed $150 per month, for the convening the regular meetings of the Irwindale Housing Authority and an additional compensation of $300/meeting for convening the regular meetings of the Irwindale Reclamation Authority.

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September 22, 2026

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Code of Ethics
As City of Irwindale Council Members, our fundamental duty is to serve the public good. We are committed to the principle of an efficient and professional local government. We will be exemplary in obeying the letter and spirit of Local, State and Federal laws and City policies affecting the operation of the government and in our private life. We will be independent and impartial in our judgment and actions.

We will work for the common good of the City of Irwindale community and not for any private or personal interest. We will endeavor to treat all people with respect and civility. We will commit to observe the highest standards of morality and integrity, and to faithfully discharge the duties of our office regardless of personal consideration. We shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of others.

We will inform ourselves on public issues, listen attentively to public discussions before the body, and focus on the business at hand. We will base our decisions on the merit and substance of that business. We will be fair and equitable in all actions, claims or transactions. We shall not use our official position to influence government decisions in which we have a financial interest or where we have a personal relationship that could present a conflict of interest, or create a perception of a conflict of interest.

We shall not take advantage of services or opportunities for personal gain by virtue of our public office that are not available to the public in general. We shall refrain from accepting gifts, favors or promises of future benefit that might compromise our independence of judgment or action or give the appearance of being compromised.

We will behave in a manner that does not bring discredit or embarrassment to the City of Irwindale. We will be honest in thought and deed in both our personal and official lives.

Ultimate responsibility for complying with this Code of Ethics rests with the individual elected official. In addition to any other penalty as provided by law, violation of this Code of Ethics may be used as a basis for disciplinary action or censure of a Council Member.

These things we hereby pledge to do in the interest and purposes for which our government has been established.

Irwindale City Council

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September 22, 2026

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SPECIAL MEETING

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. INVOCATION

4. ROLL CALL: Councilmembers: Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tem Albert F. Ambriz; Mayor H. Manuel Ortiz

5. GOVERNMENT CODE SECTION 54953 DISCLOSURES
Pursuant to Government Code Section 54953(f), disclosures in this section are applicable to all agencies and legislative bodies convening under this special meeting agenda, including the City Council, Successor Agency to the Community Redevelopment Agency, Housing Authority, and Reclamation Authority.

6. SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.

7. RECESS TO CLOSED SESSION
A. Public Employee Performance Evaluation
Pursuant to California Government Code Section 54957

Title: City Manager
B. Conference with Real Property Negotiator
Pursuant to California Government Code Section 54956.8
Property: 16202-16214 Arrow Highway and 16216-16300 Arrow Highway Agency Negotiator - Julian A. Miranda, City Manager
Negotiating Parties: Lee Arce, LLC
Under Negotiation: Acquisition of Property
Property: 14905 Los Angeles Street, Irwindale CA
Agency Negotiator: Julian Miranda, Executive Director
Negotiating Parties: Marianna Diaz
Under Negotiation: Price and terms of payment
Housing Authority Item
Property: 16080 Arrow Highway
Agency Negotiator: Julian A. Miranda, City Manager

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September 22, 2026

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Negotiating Parties: Bateman Braden D II et al
Under Negotiation: Property Acquisition
C. Conference with Legal Counsel – Existing Litigation
[Pursuant to Government Code Sections 54954.5(c), 54956.9(d)(1)] Case Name: Jane A.V. Doe v. Irwindale Police Department, the City of Irwindale, and DOES 1-100 Case Number: Los Angeles County Superior Court Case Number: 25PSCV02909 Amended on Monday, September 21, 2026 @ 4:30 p.m. to add Item 7C

8. RECONVENE IN OPEN SESSION

9. REPORT FROM CLOSED SESSION

10. CHANGES TO THE AGENDA

11. COUNCILMEMBER COMMENTS

12. CONSENT CALENDAR
A. Minutes of the Meetings Held September 9, 2026
Department: City Clerk
Recommendation: Approve
B. Warrants / Demands / Payroll
Department: Finance
Recommendation: Approve.

C. Authorize a First Amendment to the HVAC Preventative Maintenance and Repair Contract with ACCO Engineered Systems
Department: Public Services
Recommendation: Adopt Resolution No. 2026-79-3889 entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE APPROVING THE FIRST AMENDMENT TO CONTRACT

SERVICES AGREEMENT FOR HVAC PREVENTATIVE MAINTENANCE AND REPAIRS FOR CITY OWNED BUILDINGS WITH ACCO ENGINEERED SYSTEMS;” and authorize the City Manager to execute the First Amendment to Contract Services Agreement for HVAC Preventative Maintenance and Repairs for City-Owned Buildings with ACCO Engineered Systems, subject to City Attorney approval as to form.

D. Approval of Sophos Managed Detection and Response (MDR) Complete Services Department: IT

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September 22, 2026

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Recommendation: That the City Council adopt Resolution No. 2026-85-3895 entitled: “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE WAIVING FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080(E), AUTHORIZING

THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BLUEALLY TECHNOLOGY SOLUTIONS,

LLC FOR SOPHOS MANAGED DETECTION AND RESPONSE AND RELATED CYBERSECURITY SERVICES

UTILIZING THE OMNIA PARTNERS/NATIONAL COOPERATIVE PURCHASING ALLIANCE (NCPA) CONTRACT"
E. Acceptance of California Office of Traffic Safety (OTS) Federal Grant Funds in the amount of $73,000 for Traffic Safety Education and Impaired driving enforcement Department: Police
Recommendation: That the City Council adopt Resolution No. 2026-84-3894 entitled: “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2026-2027 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) SUB-RECIPIENT AGREEMENT BETWEEN CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) AND

THE CITY OF IRWINDALE AND APPROVING THE ACCEPTANCE AND APPROPRIATION OF THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FEDERAL GRANT FUNDS IN THE AMOUNT OF $73,000 FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)”.

F. Acceptance of the Cannabis Tax Fund Grant Program (CTFGP) in the amount of $246,613 to reduce and mitigate the impacts of impaired driving in the community Department: Police
Recommendation: That the City Council adopt Resolution No. 2026-83-3893 entitled: “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2026-2027 CANNABIS TAX FUND GRANT PROGRAM (CTFGP)

SUB-RECIPIENT AGREEMENT BETWEEN STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL (CHP) AND THE CITY OF IRWINDALE; AND APPROVING THE ACCEPTANCE AND

APPROPRIATION OF THE CANNABIS TAX FUND GRANT PROGRAM (CTFGP) IN THE AMOUNT OF $246,613.”
G. Request to Approve Amendment No. 2 to a Professional Contract Services Agreement with PlaceWorks, Inc. for the preparation of an Environmental Impact Report for the proposed Irwindale Brew Yard Specific Plan, which includes the construction of a warehouse distribution center/industrial park totaling up to ±3,000,000 square feet and ±12,000 square feet of commercial/retail space, both with associated parking, and on-site grading activities for property located at 15801 First Street (APNS 8533-009-025, 8533-009-026, 8533-009-027, 8533-009-028 & 8533-009-029).

Department: Community Development
Recommendation: That the City Council approve contract Amendment No. 2 with PlaceWorks, Inc., for the continued preparation of an Environmental Impact Report and applicable studies to be prepared in association with land use entitlement applications for property located at 15801 First Street, Irwindale, CA 91706.

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September 22, 2026

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H. Approve a Memorandum of Agreement for shared dispatch services with the cities of Azusa, Covina and La Verne.

Department: Police
Recommendation: That the City Council adopt Resolution No. 2026-87-3897 entitled, "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING A MEMORANDUM OF

AGREEMENT FOR SHARED POLICE DISPATCH SERVICES WITH THE CITIES OF AZUSA, COVINA, AND LA VERNE".

13. SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.

14. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.

A. Consideration for the Purchase of a Contemporary Armored Vehicle Department: Police
Recommendation: That the Irwindale City Council receive the presentation, consider the options, and direct staff to take appropriate action.

15. CITY MANAGER’S REPORT

16. REQUESTS FOR AGENDA ITEMS BY CITY COUNCIL
If a City Council Member is interested in a task or project, the City Council Member shall request that the item be agendized in this section.

17. ADJOURN

SUCCESSOR AGENCY TO THE IRWINDALE COMMUNITY

REDEVELOPMENT AGENCY

18. CONSENT CALENDAR
A. Minutes of the Meeting Held September 9, 2026
Department: City Clerk
Recommendation: Approve

19. SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.

20. ADJOURN

HOUSING AUTHORITY

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September 22, 2026

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21. CONSENT CALENDAR
A. Minutes of the Meeting Held September 9, 2026
Department: City Clerk
Recommendation: Approve

22. SPONTANEOUS COMMUNICATIONS
Spontaneous communications are limited to the special meeting agenda items only.

23. NEW BUSINESS
At this time, members of the audience may ask to be heard regarding an item on New Business.

A. RFP - Residential Development - 5100 Allen Drive & 16154-16158 Arrow Highway Department: Administration
Recommendation: Receive report and provide direction.

B. Extension of Las Casitas Senior Apartment's Property Management Services Contract Department: Administration
Recommendation: That the Housing Authority Board authorize a staff to prepare and execute a three-month contract extension with The Northridge Group, Inc. for continued property management services for the Irwindale Housing Authority-owned affordable housing property, at a monthly management fee of $3,500, for a total contract extension amount of $10,500, subject to City Attorney Approval as to form; and authorize staff to prepare and release a Request for Proposals (RFP) for Property Management Services to solicit proposals from qualified property management firms to provide ongoing property management services.

24. ADJOURN

AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused the agenda for the special meeting of the City Council, Irwindale Successor Agency to the Irwindale Community Redevelopment Agency and Housing Authority, to be held on September 22, 2026, be posted at the City Hall, Library, and Post Office on Thursday, September 17, 2026.

Laura M. Nieto, MMC
Chief Deputy City Clerk

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IRWINDALE CITY COUNCIL CHAMBERS SEPTEMBER 9, 2026
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 5:30 P.M.

The Irwindale CITY COUNCIL met in a special meeting at the above time and place.

ROLL CALL:

Present: Councilmembers Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia; Mayor Pro Tem Albert F. Ambriz; Mayor H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; and Laura Nieto, Chief Deputy City Clerk AB 2449 DISCLOSURES
Mayor Pro Tem Ambriz disclosed that he is attending the meeting virtually under AB 2449 due to a health issue.

SPONTANEOUS COMMUNICATIONS
There were no speakers.

RECESS TO CLOSED SESSION
At 5:30 p.m., the City Council met in Closed Session to discuss the following:

ITEM NO. 5A
Public Employee Performance Evaluation
Pursuant to California Government Code Section 54957
Title: City Manager
ACTION: Information provided to the City Council; discussed; no reportable action taken.

ITEM NO. 5B
Conference with Legal Counsel – Existing Litigation
Pursuant to Government Code Sections 54954.5(c), 54956.9(d)(1) Name of Case: Five Points, LP vs. City of Irwindale
Case Number: 22STCV01394
ACTION: Update provided by the City Manager and City Attorney. Discussed; direction provided; no reportable action (Councilmember Breceda recused himself due to a real estate conflict of interest).

RECONVENE IN OPEN SESSION
At 6:12 p.m., the City Council Authority reconvened in Open Session.

ADJOURNMENT
There being no further business to conduct, the meeting was adjourned at 6:13 p.m. ______________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

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IRWINDALE CITY COUNCIL CHAMBERS SEPTEMBER 9, 2026
5050 N. IRWINDALE AVENUE WEDNESDAY
IRWINDALE, CALIFORNIA 91706 6:13 P.M.

The Irwindale CITY COUNCIL met in a regular meeting at the above time and place.

ROLL CALL:

Present: Councilmembers Mark A. Breceda, Larry G. Burrola, Manuel R. Garcia, Mayor Pro Tem Albert F. Ambriz; Mayor H. Manuel Ortiz
Also Present: Julian A. Miranda, City Manager; Adrian Guerra, City Attorney; Theresa Olivares, Assistant City Manager; Christopher Hofford, Chief of Police; Kambiz Borhani, Director of Finance / City Treasurer; Eddie Chan, Director of Engineering / Building Official; Elizabeth Rodriguez, Public Services Director; Mary Hull, Human Resources Manager, and Laura Nieto, Chief Deputy City Clerk

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was conducted.

AB 2449 DISCLOSURES
Mayor Pro Tem Ambriz disclosed that he is attending the meeting virtually under AB 2449 due to a health issue.

CHANGES TO THE AGENDA
None.

COUNCILMEMBER TRAVEL REPORTS
Councilmembers Burrola, Breceda, Garcia, and Mayor Ortiz reported on their attendance at the California Contract Cities conference.

Councilmember Burrola commended Mayor Ortiz for serving on the Joint Powers Authority with Azusa and Duarte to help clean up Lario Park. He also thanked City Attorney Guerra for his wonderful work.

COUNCILMEMBER COMMENTS
Mayor Pro Tem Ambriz expressed his appreciation of the hard work from the members of the San Gabriel Riverbed Working Group, which is working to resolve the various ongoing issues at Lario Park.

Councilmember Burrola requested that the meeting tonight be adjourned in memory of Maria Rodriguez.

PROCLAMATIONS / PRESENTATIONS / COMMENDATIONS
ITEM NO. 18A

RETIREMENT RECOGNITION OF ASSOCIATE PLANNER JEFF TYLER
The recognition was made.

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CITY COUNCIL MINUTES SEPTEMBER 9, 2026
REGULAR MEETING PAGE 2
ITEM NO. 18B

QUARTERLY LEGISLATIVE UPDATE FROM GONSALVES AND SON
The update was presented by Paul Gonsalves.

Councilmember Garcia asked whether the Governor has acted on “Jay Leno’s Law”, to which Mr. Gonsalves indicated that the Governor has until September 30 to take action.

ITEM NO. 18C
VALLEY COUNTY WATER DISTRICT PRESENTATION – “INSIGHTS FROM YOUR WATER DISTRICT”
The presentation was made by Jose Martinez, General Manager of the Valley County Water District.

CONSENT CALENDAR
A motion was made by Councilmember Breceda, seconded by Councilmember Burrola, to approve the Consent Calendar. The motion was unanimously approved.

ITEM NO. 19A
MINTUES OF THE MEETINGS HELD AUGUST 26, 2026
The minutes of the meetings held August 26, 2026, were approved.

ITEM NO. 19B

WARRANTS / DEMANDS / PAYROLL
The warrants / demands / payroll were approved.

ITEM NO. 19C
2 ND READING OF ORDINANCE NO. 821 PROHIBITING AI DATA CENTERS Ordinance No. 821, entitled: “AN ORDINANCE OF THE CITY COUCNIL OF THE CITY OF IRWINDALE ADDING CHAPTER 17.42 – DATA CENTERS AND ASSOCIATED USES – TO TITLE 17 (“ZONING”) OF THE IRWINDALE MUNICIPAL CODE TO PROHIBIT DATA CENTER

LAND USES CITYWIDE AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15378(B)(5),” was passed, approved, and adopted on second reading, reading by title only and waiving further reading thereof.

ITEM NO. 19D

AUTHORIZE A CONTRACT SERVICES AGREEMENT WITH YWCA SAN GABRIEL VALLEY

FOR CASE MANAGEMENT SERVICES FOR THE IRWINDALE SENIOR CENTER Resolution No. 2026-77-3887, entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF IRWINDALE APPROVING A CONTRACT SERVICES AGREEMENT WITH YWCA

SAN GABRIEL VALLEY FOR CASE MANAGEMENT SERVICES FOR THE IRWINDALE SENIOR CENTER AND APPROVING A BUDGET AMENDMENT TO FY 2026-2027 ADOPTED BYDGET BY APPROPRIATING $20,000 FROM THE GENERAL FUND RESERVES,” was adopted.

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CITY COUNCIL MINUTES SEPTEMBER 9, 2026
REGULAR MEETING PAGE 3
ITEM NO. 19E
APPROVE THE PURCHASE OF A 28-PASSENGER BUS FOR IRWINDALE SENIOR CENTER Resolution No. 2026-79-3888, entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF IRWINDALE WAIVING THE FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080 (E); 2) AUTHORIZING A BUDGET AMENDMENT TO THE FY 2026-2027 ADOPTED BUDGET BY APPROPRIATING $249,500 FROM THE GENERAL FUND RESERVES; 3) AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER; AND 4) AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT FOR THE PURCHASE OF A FORD F-600 KAVLYR 28- PASSENGER BUS FOR IRWINDALE SENIOR CENTER,” was adopted.

ITEM NO.19F

WAIVE FORMAL BIDDING PROCEDURES AND APPROVE PURCHASE AND INSTALLATION

OF DOOR CARD READERS, VIDEO CAMERAS, AND ADA ACCESSIBLE DOOR RETROFIT

EQUIPMENT FOR THE CITY HALL ADA & ACCESS CONTROL ENTRANCE UPGRADE CIP

PROJECT THROUGH COOPERATIVE PURCHASING ARRANGEMENT
Resolution No. 2026-80-3890, entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF IRWINDALE WAIVING FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080(E), AUTHORIZING THE ISSUANCE OF A

PURCHASE ORDER WITH ACCESS TECH SECURITY FOR THE PURCHASE AND

INSTALLATION OF DOOR CARD READERS, VIDEO CAMERAS, AND ADA ACCESSIBLE

DOOR RETROFIT EQUIPMENT FOR THE CITY HALL ADA & ACCESS CONTROL ENTRANCE UPGRADE CIP PROJECT,” was adopted.

ITEM NO. 19G
APPROVAL OF PARCEL MAP NO. 83854 – 13620 LIVE OAK LANE AND RELATED

SUBDIVISION IMPROVEMENT AGREEMENT
The City Council: 1) approved Parcel Map no. 83854 and authorized the City Clerk, City Treasurer, and the City Engineer to sign the map on behalf of the City; 2) approved the related Subdivision Improvement Agreement and authorized the Mayor to sign the agreement, subject to City Attorney approval as to form; and 3) directed the City Engineer to submit Parcel Map No. 83854 to the Los Angeles County Registrar Recorder’s Office for recordation and return a recorded copy of this Parcel Map to the City Clerk’s Office.

ITEM NO. 19H
ESTABLISHMENT OF A NO PARKING – FIRE LANE ON ALPHA STREET Resolution No. 2026-81-3891, entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE APPROVING THE DESIGNATION OF A NO PARKING – FIRE LANE

ALONG THE DESIGNATED PORTION OF ALPHA STREET AND AUTHORIZING STAFF TO

COORDINATE WITH THE LA COUNTY FIRE DEPARTMENT FOR ESTABLISHMENT AND INSTALLATION OF A FIRE LANE; AND AUTHORIZING THE INSTALLATION OF RED CURB AND APPROPRIATE “NO PARKING – FIRE LANE” CURB MARKINGS AND/OR

REGULATORY SIGNAGE, AS DETERMINED NECESSARY BY THE FIRE DEPARTMENT AND CITY ENGINEER,” was adopted.

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CITY COUNCIL MINUTES SEPTEMBER 9, 2026
REGULAR MEETING PAGE 4
ITEM NO. 19I
APPROVAL OF MICROSOFT OFFICE 365 G1 AND OFFICE 365 G3 LICENSE RENEWAL Resolution No. 2026-82-3892, entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF IRWINDALE WAIVING FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080(E), AUTHORIZING THE CITY MANAGER

TO ENTER INTO AN AGREEMENT WITH INTELLI-TECH FOR THE RENEWAL OF MICROSOFT OFFICE 365 G1 AND G3 LICENSES UTILIZING THE NATIONAL COOPERATIVE PURCHASING ALLIANCE (NCPA) CONTRACT,” was adopted.

END OF CONSENT CALENDAR

SPONTANEOUS

COMMUNICATIONS
Sandra Armenta Lopez, representing State Senator Susan Rubio, shared information relating to an upcoming event at the Duarte Senior Center.

Jazmin Leos reported that trees are blocking visibility on Juarez, making it difficult to see the street signals. She also stated that many motorists run the signaled intersection of Juarez and Irwindale Avenue, and that the light pole blends into the environment since it is painted green.

City Manager Miranda stated that staff would follow up on the visibility issue and advised that an ongoing study is being performed for the traffic signal.

Suzanne Gomez spoke highly about the unveiling of the Founding Mothers mural at the new Library.

NEW BUSINESS
ITEM NO. 21A
INTRODUCTION AND FIRST READING OF ORDINANCE NO. 823 PERTAINIGN TO ADOPTION OF CHAPTER 2.53 OF TITLE 2 OF THE IRWINDALE MUNICIPAL CODE RELATED TO THE REGULATION OF THE USE OF THE CITY’S OFFICIAL SEAL, CITY

INSIGNIA, AND CITY LOGO
Assistant City Manager Olivares presented the staff report.

Councilmember Garcia asked about enforcement of the proposed ordinance, to which City Attorney Guerra stated that the City would have the ability to assess significant fines to deter unauthorized use of the seal, city, and logo. Staff would need to take the offender to court through an administrative citation process. Councilmember Garcia also asked whether the items could be trademarked, to which City Attorney Guerra noted that they cannot due to federal law.

Responding to a question from Maricela Frymark, City Attorney Guerra advised that the ordinance would be enforced once enacted and would not be applied retroactively.

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CITY COUNCIL MINUTES SEPTEMBER 9, 2026
REGULAR MEETING PAGE 5
Ordinance No. 823, entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADDING CHAPTER 2.53 (“CUSTODY AND USE OF OFFICIAL CITY SEAL, CITY INSIGNIA, AND CITY LOGO”) TO TITLE 2 OF THE IRWINDALE MUNICIIPAL CODE RELATED TO THE REGULATION OF THE USE OF THE CITY’S OFFICIAL SEAL, CITY INSIGNIA, AND CITY LOGO,” was introduced for first reading, reading by title only and waiving further reading thereof, on the motion of Mayor Ortiz, seconded by Councilmember Burrola, and unanimously approved.

CITY MANAGER’S REPORT
City Manager Miranda presented the following report:
1) The City is currently updating the open space element of the general plan. An information booth with details will be made available to the public at the City’s MI Fiesta on September

10. 2) He also provided information relating to upcoming Recreation Department events.

REQUESTS FOR AGENDA ITEMS BY CITY COUNCIL
None.

ADJOURNMENT
There being no further business to conduct, the meeting was adjourned at 7:02 p.m., in memory of Maria Rodriguez.
________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

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August 2026
Reference
Number Vendor Name Date Amount
WFB -111 CJPIA Excess Pool 7,174.50
ACH US Bank 8/11/2026 1,119.36
Report Total:
8,293.86
Electronic Payments
August 1 - 31, 2026

Page 15 of 262 ends

User:

Printed:
109476 HDLCOR HdL Coren & Cone 09/03/2026 8,243.75
109474 WET01 Wet Views 09/03/2026 2,200.00
109475 CITY01 City of Hope 09/03/2026 17.00
109472 WAGN02 Jeanette Wagner 09/03/2026 125.00
109473 WAGONER Pamela Wagoner 09/03/2026 700.00
109470 ARAM01 Vestis Services, LLC 09/03/2026 1,129.06
109471 VISION01 Vision Service Plan - (CA) 09/03/2026 2,592.03 109468 VALLEY01 Valley County Water District 09/03/2026 32,121.17 109469 VALLEY09 Valley View Mutual Water Co. 09/03/2026 151.67 109466 SWANK01 Swank Motion Pictures, Inc. 09/03/2026 525.00 109467 UNITED11 United Site Services of CA Inc 09/03/2026 734.70 109464 GASCOM SoCalGas 09/03/2026 557.04
109465 SCE02 Southern California Edison 09/03/2026 73,281.89 109462 ORKINP Orkin Pest Control 09/03/2026 281.92
109463 SCFUELS SC Fuels 09/03/2026 9,006.75
109460 OFFICE03 ODP Business Solutions, LLC 09/03/2026 32.11 109461 OPTUM01 OptumRx, Inc. 09/03/2026 31,498.13
109458 MAINTE01 Maintex 09/03/2026 182.21
109459 MIRAND25 Blanche V. Miranda 09/03/2026 390.00
109456 LAWE01 Law Enforcement Medical Services, Inc. 09/03/2026 925.00 109457 LEDEZMA Erica Ledezma 09/03/2026 1,260.00
109454 JOHNNY02 Johnny's Pool Service 09/03/2026 497.22 109455 LANDSC Landscape Warehouse III Inc. 09/03/2026 60.11 109452 HOYEN Noelle Hoye 09/03/2026 1,275.00
109453 IRWIND03 Irwindale Tire Shop 09/03/2026 25.00
109450 HERITA01 Heritage Pool Supply Group Inc 09/03/2026 296.30 109451 1her Carol Hernandez 09/03/2026 300.00
109448 HASA01 Hasa Inc. 09/03/2026 3,947.68
109449 HAZZAR01 Hazzard Backflow Inc 09/03/2026 990.00
109446 FEDEX FedEx 09/03/2026 273.44
109447 FLORE01 Karla Flores 09/03/2026 1,200.00
109444 ESPI11 Victoria M. Espino 09/03/2026 140.00
109445 EVANS02 Gloria Evans 09/03/2026 225.00
109442 DEPTOF02 County of LA Dept of Animal Care & Control 09/03/2026 4,567.86 109443 CPRSCA CPRS Park & Recreation 09/03/2026 150.00
109440 CHARTE01 Charter Communications 09/03/2026 583.59 109441 CINTAS Cintas Corporation #693 09/03/2026 150.22 109438 CALI22 CAPIO 09/03/2026 300.00
109439 CERTIFIX Certifix Live Scan 09/03/2026 135.00
109436 BURRO01 Burro Canyon Ent. Inc. 09/03/2026 80.00
109437 CALIFO02 California American Water 09/03/2026 4,845.15 109434 BARBA01 Columba Barba 09/03/2026 1,500.00
109435 BILLST Bill's Truck Repair, Inc. 09/03/2026 215.00 109432 AMERIFID American Fidelity Assurance 09/03/2026 12,574.00 109433 Ayala01 Leonor Ayala 09/03/2026 750.00
Check Date Check Amount
109431 ADLERH Adlerhorst International Inc. 09/03/2026 315.00 Accounts Payable
Checks by Date - Summary by Check Number
kzhang
9/16/2026 11:00 AM
Check No Vendor No Vendor Name

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Accounts Payable
Checks by Date - Summary by Check Number
kzhang
9/16/2026 11:00 AM
Check No Vendor No Vendor Name
109522 VECTOR01 Vector Resources, Inc 09/10/2026 2,573.11 109520 TACO01 Tacos El Pau 09/10/2026 1,533.00
109521 TERRA01 Terra Realty Advisors, Inc 09/10/2026 2,178.17 109518 SOUTH09 Southern Computer Warehouse Inc, 09/10/2026 4,190.15 109519 LEES01 Chad A. Streelman 09/10/2026 192.27
109516 PRESS01 Pressed Flower 09/10/2026 2,000.00
109517 ROJOER Ericka Rojo 09/10/2026 2,300.00
109514 PLURAL01 Pluralsight, LLC 09/10/2026 1,130.00
109515 PONCE10 Lorraine Ponce 09/10/2026 499.00
109512 OSTERH01 Delfina Osterheim 09/10/2026 150.07
109513 PLAN01 PlanetBids, LLC 09/10/2026 12,791.76
109510 OFFICE03 ODP Business Solutions, LLC 09/10/2026 275.84 109511 ORKINP Orkin Pest Control 09/10/2026 250.00
109508 LEXIS01 Lexis Nexis Risk Data Management LLC 09/10/2026 151.88 109509 LANCES LSL, LLP 09/10/2026 7,550.50
109506 INTELL01 Intelli-tech, Inc. 09/10/2026 459.61
109507 IRWIND03 Irwindale Tire Shop 09/10/2026 366.00
109504 SOUTHE17 Golden State Water Company 09/10/2026 4,856.41 109505 HIGHPE HPC Computers, Inc. 09/10/2026 45.00
109502 FRAZ01 Frazier Capitol Valuation, Inc 09/10/2026 3,100.00 109503 FRONT01 Frontier Communications 09/10/2026 2,221.21 109500 ESRI01 Esri, Inc. 09/10/2026 2,350.00
109501 FARONI01 Faronics Technologies 09/10/2026 451.50 109498 CHARTE04 Charter Communications 09/10/2026 188.02 109499 DeptJust Dept of Justice 09/10/2026 128.00
109496 CDW01 CDW Government 09/10/2026 1,769.65
109497 CHARTE01 Charter Communications 09/10/2026 3,311.98 109494 CALIFO03 California JPIA 09/10/2026 6,871.00
109495 CARDEN01 Rudy Cardenas 09/10/2026 150.00
109492 BRECED12 Rosie Breceda 09/10/2026 300.00
109493 CALIFO02 California American Water 09/10/2026 1,307.14 109490 BARNEY Barney's Locksmith Service 09/10/2026 66.74 109491 MIJACA Bay Alarm Company 09/10/2026 406.00
109488 CINGULAR AT & T Mobility 09/10/2026 3,602.70
109489 B&BTIR B & B Tires Service 09/10/2026 105.00
109486 AT&T06 AT & T 09/10/2026 3,559.78
109487 AT&T08 AT & T 09/10/2026 2,419.32
109484 ALLIAN02 Alliant Insurance Svcs, Inc.- Irvine Main 09/10/2026 958.00 109485 AMAZON1 Amazon Capital Services, Inc. 09/10/2026 3,567.38 109482 CDW01 CDW Government 09/10/2026 1,506.08
109483 LACOUN12 LA County Auditor-Controller 09/10/2026 241,922.59 109480 FRANC06 Franchise Tax Board 09/03/2026 650.59
109481 LOSANG31 Los Angeles County Sheriff's Dept. 09/03/2026 104.47 109478 CALIFO56 California State Disbursement Unit 09/03/2026 604.15 109479 CALIFO57 California State Disbursement Unit 09/03/2026 143.07 109477 VERI01 Veritone, Inc. 09/03/2026 2,800.00

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Checks by Date - Summary by Check Number
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109549 YAMADA01 Yamada Enterprises 09/23/2026 869,757.75 Report Total (116 checks): 1,927,421.69
109546 URBAN03 Urban Restoration Group US., Inc. 09/23/2026 643.59 109547 VALOR01 Valorence, LLC 09/23/2026 1,100.00
109544 TRID10 Triden Group Corp 09/23/2026 7,857.44
109545 UNITED03 United Storm Water Inc. 09/23/2026 5,100.00 109542 ROSENO RSG 09/23/2026 3,017.50
109543 SOUTH09 Southern Computer Warehouse Inc, 09/23/2026 572.55 109540 MOSS02 Mary Linda Moss 09/23/2026 11,400.00
109541 ROBERT10 RC Construction Service Inc. Robert Clapper Construction Services 09/23/2026 51,622.63 109538 MIDAS Manuel C Muratalla 09/23/2026 712.47
109539 MARIPO Mariposa Landscapes, Inc. 09/23/2026 9,196.00 109536 INTELL01 Intelli-tech, Inc. 09/23/2026 10,767.00 109537 LIBRAR04 Libraria 09/23/2026 142,127.61
109534 SEMA01 FlexTG 09/23/2026 10,632.00
109535 INSI10 Insight Analytics LLC 09/23/2026 8,500.00 109532 CWE01 CWE 09/23/2026 10,234.00
109533 EVERY02 Everytable PBC 09/23/2026 2,671.50
109530 CALI12 California Consulting Inc. 09/23/2026 5,000.00 109531 CIVIC02 CivicPlus, LLC 09/23/2026 25,343.25
109528 BARNEY Barney's Locksmith Service 09/23/2026 1,508.86 109529 BLUEA01 BlueAlly Technology Solutions, LLC 09/23/2026 47,899.38 109526 ACCO01 ACCO Engineered Systems 09/23/2026 2,556.00 109527 AMERI02 American Business Bank 09/23/2026 2,716.98 109525 ACCESS10 Access Tech Security 09/23/2026 167,078.04

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Item #12.C.

Date: September 22, 2026
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Authorize a First Amendment to the HVAC Preventative Maintenance and Repair Contract with ACCO Engineered Systems
City Manager's Recommendation:

Adopt Resolution No. 2026-79-3889 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

IRWINDALE APPROVING THE FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT FOR HVAC

PREVENTATIVE MAINTENANCE AND REPAIRS FOR CITY OWNED BUILDINGS WITH ACCO ENGINEERED SYSTEMS;” and authorize the City Manager to execute the First Amendment to Contract Services Agreement for HVAC Preventative Maintenance and Repairs for City-Owned Buildings with ACCO Engineered Systems, subject to City Attorney approval as to form.

Administrative Action:

Submitted/Prepared by:

Elizabeth Rodriguez, Public Services Director
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Julian A. Miranda, City Manager
Background and Analysis:

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The City of Irwindale contracts for Heating, Ventilation, and Air Conditioning (HVAC) preventive maintenance and repair services for various City facilities. Services include thermostat calibration, unit leak checks, compressor motor oiling, filter intake cleaning, air filter replacement, inspection of blower fans and bearings, and draining and cleaning of cooling towers. These services are currently provided at City Hall, the Police Department, Irwindale Public Library, Dan Diaz Recreation Center, Aquatics Center, Post Office, Senior Center, City Annex/Chamber of Commerce, and Public Works Services buildings.

On August 14, 2023, the City released a Request for Quotations (RFQ) to determine the cost and qualifications of contractors to maintain and service the existing air conditioning units at the specified City facilities in accordance with the RFQ requirements. Four quotations were received on September 12, 2023, and the City conducted interviews with each responding contractor on September 19, 2023.

On October 11, 2023, the City Council awarded the contract to ACCO Engineered Systems pursuant to Resolution No. 2023-74-3454. The original contract term was from October 11, 2023 through June 30, 2026, with an option to renew for two (2) additional one-year periods by mutual agreement and in writing. The City Manager has exercised the first renewal option, extending the contract through June 30, 2027.

On December 19, 2024, the City Council awarded a construction contract to Robert Clapper Construction Services, Inc., dba R.C. Construction Services, for the Public Library Improvement Project.

The project included construction of a new approximately 12,800-square-foot public library, with completion anticipated in June 2026.

The new Irwindale Public Library held its Grand Opening on Saturday, August 15, 2026, and is now open to the public. Upon approval of the Notice of Completion for the Public Library Improvement Project by the City Council, Public Services Maintenance will be responsible for maintaining the library's HVAC equipment, consisting of thirteen (13) package HVAC units, two (2) mini-split condensing units, and two (2) fan coil units.

Because these additional HVAC units were not included in the scope of the existing agreement with ACCO Engineered Systems, staff recommends that the City Council approve a First Amendment to the Contract Services Agreement to add preventive maintenance and repair services for the HVAC equipment at the new Irwindale Public Library.

The proposed amendment will increase the contract cost by $496.83 per month. All other terms and conditions of the existing agreement will remain unchanged.

Fiscal Impact:

Sufficient funding is included in the Fiscal Year 2026-2027 adopted budget to cover the cost of these additional services from October 2026 through June 2027. The total cost required to complete these services for the remaining fiscal year is $4,471.47. The monthly cost for all city facilities increases from $2,556 to $3,052.83.

Attachments:

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1. 9-23-2026 HVAC Amendment to Contract for New Library - RESOLUTION (2195386.1)

2. 9-23-2026 HVAC Amendment to Contract for New Library - AMENDMENT 1 (2195387.1)

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01005.0001 2195386.1
RESOLUTION NO. 2026-79-3889

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

APPROVING THE FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT FOR

HVAC PREVENTATIVE MAINTENANCE AND REPAIRS FOR CITY OWNED BUILDINGS

WITH ACCO ENGINEERED SYSTEMS
WHEREAS, on October 11, 2023, the City Council of the City of Irwindale adopted Resolution No. 2023-74-3454 awarding a contract for HVAC Preventative Maintenance and Repairs for City Owned Buildings with ACCO Engineered Systems; and WHEREAS, the original contract term was from October 11, 2023 through June 30, 2026, with an option to renew for two (2) one-year periods by mutual agreement and in writing. The City Manager has exercised the first renewal option, extending the contract through June 30, 2027; and
WHEREAS, on December 19, 2024, the City Council awarded a construction contract to Robert Clapper Construction Services, Inc., doing business as R.C.

Construction Services, for the Public Library Improvement Project, which included construction of a new approximately 12,800-square-foot public library; and WHEREAS, on June 24, 2026, the City Council conducted a public hearing on the second reading of Ordinance No. 820, adopting the Fiscal Year 2026/2027 Budget, and subsequently adopted the ordinance. The adopted budget includes sufficient funding to add monthly HVAC preventative maintenance and repairs to the contract for the new Irwindale Public Library; and
WHEREAS, the new Irwindale Public Library held its Grand Opening on Saturday, August 15, 2026, and is now open to the public. The Project Notice of Completion is set to go before City Council in October 2026; and
WHEREAS, a First Amendment to the Contract Services Agreement is necessary to add the monthly HVAC preventative maintenance and repairs to the contract for the new Irwindale Public Library; and
WHEREAS, the City Council desires to ensure continuity of monthly HVAC preventative maintenance and repairs to maintain equipment, lower high energy costs, prevent expensive emergency repairs during intense heat, sustain usage during extreme heat temperatures and comply with strict state regulations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:

SECTION 1. The City Council hereby finds the above Recitals true and correct and incorporates them herein by this reference.

SECTION 2. The City Council hereby approves the First Amendment to the Contract Services Agreement with ACCO Engineered Systems and approves an increase

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01005.0001 2195386.1
in the monthly service rate for monthly HVAC preventative maintenance and repairs for the new Irwindale Public Library from $2,556 to $3,052.83, an increase of $496.83 per month, effective October 1, 2026.

SECTION 3. The City Council hereby authorizes the City Manager, or designee, to execute the First Amendment and any other documents or amendments necessary to implement the revised service rates and additional HVAC preventative maintenance and repairs services authorized by this Resolution, subject to approval as to form by the City Attorney.

SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 5. The Chief Deputy City Clerk shall attest to the adoption of this resolution which shall, in turn, have immediate effect.

PASSED, APPROVED and ADOPTED this 23rd day of September 2026. _______________________________
H. Manuel Ortiz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }

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01005.0001 2195386.1
I, Laura M. Nieto, MMC, Chief Deputy City 2026-79-3889 as duly adopted by the City Council of the City of Irwindale, at a regular meeting held on the 23rd day of September 2026, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

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01005.0001 2195387.1

FIRST AMENDMENT TO

CONTRACT SERVICES AGREEMENT

FOR HVAC PREVENTATIVE MAINTENANCE AND REPAIRS

FOR CITY OWNED FACILITIES

This FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT FOR HVAC PREVENTATIVE MAINTENANCE AND REPAIRS ("Amendment") is made and entered into this 23rd day of September 2026, by and between the City of Irwindale, a California municipal corporation ("City") and ACCO Engineered Systems, a California corporation ("Contractor")

RECITALS
WHEREAS, on October 11, 2023, the City and Contractor entered into that certain Agreement for HVAC Preventative Maintenance Services and Repairs for City Owned Buildings (“Agreement”), not to exceed the maximum contract amount of One Hundred Twenty-nine Thousand Seven Hundred and Twenty-three Dollars ($129,723) Dollars for the three-year contract term, which amounts include all reimbursable expenses, with an option to renew for two (2) additional one-year periods by mutual agreement and in writing. The City Manager has exercised the first renewal option, extending the contract through June 30, 2027.

WHEREAS, on August 15, 2026, the new Irwindale Public Library was opened, which requires ongoing HVAC equipment maintenance.

WHEREAS, the City and Contractor desire to enter into this First Amendment to Contract Services Agreement for HVAC Preventative Maintenance Services and Repairs for City Owned Buildings, not to exceed the maximum contract amount of Two Hundred Thirty-four Thousand Five Hundred Dollars and Forty-three Cents ($234,500.43) for the contract term. By this Amendment, the City and Contractor wish to amend the Agreement to add the new Irwindale Public Library to the Scope of Services (Exhibit “A”).

WHEREAS, by this Amendment, the City and Contractor wish to amend the Agreement to add the additional cost to the Schedule of Compensation (Exhibit “C”).

NOW, THEREFORE, the parties hereto agree as follows:

1. Exhibit “A” of the Agreement is amended to add the new Irwindale Public Library to the Scope of Services, as described on Revised Exhibit “A” to this Amendment.

2. Section 2.1 of the Agreement entitled “Contract Sum” shall be amended in its entirety to read as follows:
“2.1 Contract Sum. “For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Revised Exhibit “C” and incorporated herein by this reference, but not exceeding maximum contract amount of Two Hundred Thirty-four Thousand Five Hundred

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Project Name/No.: L-318
Resolution No. 2026-79-3889
01005.0001 2195387.1
Dollars and Forty-three Cents ($234,500.43) for the three-year contract term with an option to renew for two (2) additional one-year periods by mutual agreement and in writing, which amounts include all reimbursable expenses.”

3. Exhibit “C” of the Agreement is amended to add the additional cost to the Schedule of Compensation, as described on Revised Exhibit “C” to this Amendment.

4. Full Force and Effect. Except as expressly modified herein all other provisions of the Agreement shall remain unmodified and in full force and effect.

5. Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.

IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date first written above.

CITY :

CITY OF IRWINDALE,
a municipal corporation
____________________________________
Julian A. Miranda, City Manager
ATTEST:
__________________________
Laura M. Nieto, MMC,
Chief Deputy City Clerk
APPROVED AS TO FORM: CONTRACTOR:

Aleshire & Wynder, LLP ACCO Engineered Systems
__________________________
Adrian Guerra By:____________________________
City Attorney Name: Charles Oberosler
Title: Vice President

By: ____________________________
Name: Hugh Palmer
Title: Assistant Secretary

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Project Name/No.: L-318
Resolution No. 2026-79-3889
01005.0001 2195387.1

[END OF SIGNATURES]

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Project Name/No.: L-318
Resolution No. 2026-79-3889
01005.0001 2195387.1
REVISED EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services:

A. A performance-based contract to furnish complete monthly HVAC Preventative Maintenance and Repairs and as -needed for the following City Owned buildings:
a) City Hall/Police Department (includes the Council Chambers) – 5050 N.

Irwindale Avenue – 16 units
b) Community Center – 16102 Arrow Highway – Ten (10) units & One (1) air handler
c) Senior Center – 16116 Arrow Highway – Ten (10) units & Ten (10) air handlers d) Dan Diaz Recreation Center/KidZone – 16053 Calle de Paseo – Dan Diaz Recreation Center – Eight (8) units; KidZone Section – Three (3) units e) Post Office – 16025 Calle del Norte – One (1) unit
f) Public Services – 5463 2nd Street – Four (4) units
g) Aquatics Center – 16053 Calle de Paseo Building #2 – Two (2) units and Two (2) air handlers
h) New Irwindale Public Library – 5030 Irwindale Avenue – 13 units package HVAC units, Two (2) mini split condensing units, and Two (2) fan coil units B. Monthly, Quarterly, Semi-annual and Annual Inspections Forms provide a detailed list of the scope of services and are attached below and are incorporated into the required services as set forth in full.

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II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Work Week: All work shall be performed on normal workdays, (excluding Saturday, Sunday and holidays observed by the City) between the hours of 7:00a.m. and 3:30p.m. unless prior written approval has been granted to the contractor by the Project Manager – Construction Compliance at least 48 hours in advance to perform work on excepted days and at excepted times.

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Project Name/No.: L-318
Resolution No. 2026-79-3889
01005.0001 2195387.1
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A. Monthly Inspection Forms
B. Quarterly Inspection Forms
C. Semi Annual Inspection Forms
D. Annual Inspection Forms
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Crew: The number of technician(s) to be determined by the contractor. Same technician(s) must be assigned to this maintenance contract for the duration of the contract. Should the contractor want to change the technician, the contractor MUST submit the request in writing providing information on the new technician(s), including name(s) and experience. The City MUST approve the technician(s) in writing before they can start the work.

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Project Name/No.: L-318
Resolution No. 2026-79-3889
01005.0001 2195387.1
REVISED EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall complete work for the Project in accordance with the following:

Contractor Fiscal Year(s) Monthly
Cost
100 Hours Per Year
Extraordinary
Maintenance
ACCO
Engineered
Systems
Oct 2023 to June 2024
July 2024 to June 2025
July 2025 to June 2026
July 2026 to Sept 2026
$2,556 $16,500
ACCO
Engineered
Systems
Oct 2026 to June 2027
July 2027 to June 2028
$3,052.83 $16,500
II. The City will compensate Contractor for work performed and expenses incurred toward completion of the Project upon submission of a valid invoice. In addition to what is required under Section 2.2 of the Agreement, each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for the price and quantity of all materials, equipment and work.

D. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

E. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Project.

III. The total compensation for the Project shall not exceed $234,500.43 as provided in Section 2.1 of this Agreement. The contract breakdown is as follows:

Monthly
Cost
100 Hours
Per Year
Extraordinary
Maintenance
Year One
Fiscal Year
2023/2024
Cost
Year Two
Fiscal Year
2024/2025
Cost
Year Three
Fiscal Year
2025/2026
Cost
Year Four
Fiscal Year
2026/2027
Cost
Year Five
Fiscal Year
2026/2027
$2,556 $16,500 $35,379 $47,172 $47,172 - -
$3,052.83 $16,500 - - - $51,643.47 $53,133.96

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Project Name/No.: L-318
Resolution No. 2026-79-3889
01005.0001 2195387.1
The contract costs provide for all labor, material, and equipment to perform HVAC preventative maintenance per scope of work and includes Maintenance Prevailing Wages. Prevailing Wages must be paid throughout the contract period and cost increases for the purposes of Prevailing Wages only can occur with the submittal of a letter of request to the City of Irwindale for review and approval. The letter must provide detailed information outlining the cost increases.

IV. The total compensation for the Services shall not exceed $234,500.43 as provided in Section 2.1 of this Agreement.

Year 1: $35,379
Year 2: $47,172
Year 3: $47,172
Year 4: $51,643.47
Year 5: $53,133.96
Year 4 Cost Breakdown
Annual Cost
Existing City
HVAC Units
Annual Cost
Oct-June 2026
(9 Months)
100 Hours
Per Year
Extraordinary
Maintenance
Year 4
Cost Only
$30,672 $4,471.47* $16,500 $51,643.47
*Monthly Cost for the new Irwindale Public Library HVAC Systems is $496.83.

Year 5 Cost Breakdown
Annual Cost
Existing City
HVAC Units
Annual Cost
July-June 2026
(12 Months)
100 Hours
Per Year
Extraordinary
Maintenance
Year 5
Cost Only
$30,672 $5,961.96* $16,500 $53,133.96
*Monthly Cost for the new Irwindale Public Library HVAC Systems is $496.83.

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Item #12.D.

Date: September 22, 2026
To: Honorable Mayor and Members of the City Council
From: Julian A. Miranda, City Manager
Issue: Approval of Sophos Managed Detection and Response (MDR) Complete Services City Manager's Recommendation:

That the City Council adopt Resolution No. 2026-85-3895 entitled: “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF IRWINDALE WAIVING FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080(E), AUTHORIZING THE CITY MANAGER TO ENTER INTO

AN AGREEMENT WITH BLUEALLY TECHNOLOGY SOLUTIONS, LLC FOR SOPHOS MANAGED DETECTION

AND RESPONSE AND RELATED CYBERSECURITY SERVICES UTILIZING THE OMNIA PARTNERS/NATIONAL COOPERATIVE PURCHASING ALLIANCE (NCPA) CONTRACT"
Administrative Action:

Submitted by:

Theresa Olivares, Assistant City Manager
Prepared by:

Jeffrey Wagner, IT Manager Electronically Approved
Reviewed by:

Adrian R. Guerra, City Attorney
Kambiz Borhani, Finance Director / City Treasurer
Approved by:

Page 37 of 262 ends

Julian A. Miranda, City Manager
Background and Analysis:

The City currently utilizes Sophos endpoint security solutions to protect City computer systems and devices against malware, ransomware, and other cybersecurity threats. As cyber threats continue to increase in frequency and sophistication, the Information Technology Department has identified the need for continuous monitoring, threat investigation, and incident response capabilities to supplement the City's existing endpoint protection.

As part of the City's ongoing cybersecurity efforts, the Information Technology Department included Managed Detection and Response (MDR) services in the FY 2026-2027 IT budget. Sophos MDR Complete provides 24/7 security monitoring, threat investigation, threat hunting, and managed response capabilities to identify and respond to potential cybersecurity threats.

The implementation of MDR will enhance the City's existing cybersecurity protections by providing continuous security monitoring and specialized cybersecurity expertise that would be difficult to provide internally with existing staffing levels. The service will improve the City's ability to detect, investigate, and respond to potential threats in a timely manner, while reducing the operational burden on internal IT staff and strengthening the City's ability to protect critical systems, sensitive information, and essential public services.

The proposed purchase also includes Sophos Phish Threat for 150 City users. Phish Threat provides phishing simulations and security awareness training capabilities that allows the Information Technology Department to assess employee awareness, identify areas where additional training may be beneficial, and reinforce safe email practices.

The Information Technology Department recommends approval of the purchase from BlueAlly Technology Solutions, LLC for Sophos MDR Complete and related cybersecurity services. The proposed solution will build upon the City's existing Sophos security environment while providing enhanced monitoring, threat detection, investigation, and response capabilities.

This procurement will be conducted through an authorized cooperative purchasing agreement, providing competitive pricing while expediting the procurement process. Irwindale Municipal Code Section 3.44.080(E) provides that bidding may be dispensed with when, through cooperative purchasing with the State, County, and other public agencies, the advantages of large-scale purchasing may be obtained. The OMNIA Partners/National Cooperative Purchasing Alliance (NCPA) Contract No. 01-130 provides for the procurement of the required Sophos products and services through an established cooperative purchasing agreement. BlueAlly Technology Solutions, LLC is an authorized OMNIA Partners/NCPA dealer and has provided the City with a quote for 150 Sophos MDR Complete user licenses, 24 Sophos MDR Complete Server licenses, and 150 Sophos Phish Threat licenses for a three-year term.

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Fiscal Impact:

The total cost for the City's three-year Sophos Managed Detection and Response (MDR) subscription is $48,939.84, consisting of $31,590.00 for 150 Sophos MDR Complete user licenses, $11,709.84 for 24 Sophos MDR Complete Server licenses, and $5,640.00 for 150 Sophos Phish Threat licenses. Sufficient funds are available in the Fiscal Year 2026-27 budget to cover the cost of the proposed purchase. No additional funds are being requested.

Attachments:

1. Resolution No. 2026-85-3895

2. Exhibit A - Blueally Sophos MDR Quote.036796.v1.20

3. Exhibit B - Omnia NCPA Contract#01-130

4. Sophos End User Terms of Use

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Resolution No. 2026-85-3895

Page 1 ends

RESOLUTION NO. 2026-85-3895

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRWINDALE

WAIVING FORMAL BIDDING PROCEDURES PURSUANT TO IRWINDALE MUNICIPAL CODE SECTION 3.44.080(E), AUTHORIZING THE CITY

MANAGER TO ENTER INTO AN AGREEMENT WITH BLUEALLY

TECHNOLOGY SOLUTIONS, LLC FOR SOPHOS MANAGED DETECTION

AND RESPONSE AND RELATED CYBERSECURITY SERVICES UTILIZING

THE OMNIA PARTNERS/NATIONAL COOPERATIVE PURCHASING

ALLIANCE (NCPA) CONTRACT
WHEREAS, the City of Irwindale utilizes Sophos endpoint security solutions as a critical component of its information technology environment, providing protection against malware, ransomware, and other cybersecurity threats; and WHEREAS, the City's Information Technology Department has determined that Sophos Managed Detection and Response (MDR) Complete will enhance the City's cybersecurity posture by providing 24-hour monitoring, threat detection, investigation, threat hunting, and incident response capabilities; and WHEREAS, the proposed Sophos cybersecurity services include 150 Sophos MDR Complete user licenses, 24 Sophos MDR Complete Server licenses, and 150 Sophos Phish Threat licenses for a three-year term; and WHEREAS, the OMNIA Partners/National Cooperative Purchasing Alliance (NCPA) Contract No. 01-130 provides for the cooperative procurement of Sophos products and services, and BlueAlly Technology Solutions, LLC is an authorized reseller that has provided the City with a quote for the required Sophos cybersecurity services; and
WHEREAS, Irwindale Municipal Code Section 3.44.080(E) permits formal bidding to be dispensed with when cooperative purchasing with the State, County, and other public agencies provides the advantages of large-scale purchasing; and WHEREAS, sufficient funds are available in the Fiscal Year 2026-27 budget for the proposed cybersecurity services, with a total three-year cost of $48,939.84, consisting of $31,590.00 for 150 Sophos MDR Complete user licenses, $5,640.00 for 150 Sophos Phish Threat licenses, and $11,709.84 for 24 Sophos MDR Complete Server licenses.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The City Council hereby finds the Recitals above true and correct and incorporates them herein by this reference.

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Resolution No. 2026-85-3895

Page 2 ends

SECTION 2. The City Council hereby waives the formal bidding process and finds that a cooperative purchase through the OMNIA Partners/National Cooperative Purchasing Alliance (NCPA) is authorized pursuant to Irwindale Municipal Code Section 3.44.080(E). The City Council hereby authorizes the City Manager to enter into an agreement with BlueAlly Technology Solutions, LLC for the procurement of 150 Sophos MDR Complete user licenses, 24 Sophos MDR Complete Server licenses, and 150 Sophos Phish Threat licenses for a three-year term, for a total amount not to exceed $48,939.84, pursuant to OMNIA Partners/NCPA Contract No. 01-130 and the quote provided by BlueAlly Technology Solutions, LLC, attached hereto as Exhibit "A." SECTION 3. If any section, subsection, sentence, clause, phase, or portion of this Resolution, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the application of any other section, subsection, sentence, clause, phrase, or portion of this Resolution, and to this end the invalid or unconstitutional section, subsection, sentence, clause, phrase of this Resolution are declared to be severable. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 4. This Resolution shall take effect immediately and the Chief Deputy City Clerk shall attest to the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 22th day of September 2026. .
__________________________
H. Manuel Ortiz, Mayor
ATTEST:
___________________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

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Resolution No. 2026-85-3895

Page 3 ends

STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Resolution No. 2026-85-3895 duly adopted by the City Council of the City of Irwindale, at a special meeting held on the 22th day of September 2026, by the following vote:

YES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________
Laura M. Nieto, MMC
Chief Deputy City Clerk

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Quote # 36796 v. 1
Date Issued: 03/10/26
Expire Date: 09/30/26
Sophos Upgrade & Renewal Options **Updated** Prepared By:

City of Irwindale
Bill to: Ship to:

City of Irwindale
P: +16264302258
E: [email protected]
P: +16264302258
E: [email protected]
Jeffrey Wagner
5050 N. Irwindale Avenue
Irwindale, CA, 91706
Jeffrey Wagner
5050 N. Irwindale Avenue
Irwindale, CA, 91706
Joseph Purcell
E: [email protected]
P: +19493282832
3475 Piedmont Road NE
Suite 900
Atlanta,Georgia,30305
Summary
OMNIA CONTRACT #01-130
Sophos MDR Complete
Qty Manufacturer
Part Number
Product Description Unit List Price Discount Price Ext. Price 150 MDRCEU36AE
RGAA
Central Managed Detection and Response Complete -
100-199 users - 36 MOS - Renewal - GOV
$526.50 60.00% $210.60 $31,590.00
150 PHISHU36AER
GAA
Central Phish Threat - 100-199 users - 36 MOS - Renewal - GOV
$41.78 10.01% $37.60 $5,640.00
24 MDRCSS36BBR
GAA
Central Managed Detection and Response Complete
Server - 10-24 servers - 36 MOS - Renewal - GOV
$813.19 40.00% $487.91 $11,709.84
Subtotal: $48,939.84
Quote Summary Amount
Sophos MDR Complete $48,939.84
Total: $48,939.84
Please ask your BlueAlly Sales Representative about Managed Services.

The information contained herein is the intellectual property of BlueAlly. This quotation is an invitation to offer only. The prices quoted shall remain firm for 30 days from the date hereof, unless modified in writing by BlueAlly. The customer is obligated to pay for this purchase within 30 days of original invoice. Payment may be made either through third party financing or by payment from the customer. FOB - Freight collect. This quote includes a 3% discount for payment by cash or check on agreed terms. Payment through credit card will result in the loss of this additional discount.

Please Reference Quote Number on all Purchase Orders
All orders are subject to the manufacturer's terms and conditions including, but not limited to, any end user licensing agreement (EULA) Pricing Subject to Change Due to Manufacturer Actions. All pricing is contingent upon manufacturer and distributor pricing remaining unchanged. In the event that any manufacturer or distributor increases pricing, imposes surcharges, modifies discount structures, or otherwise increases BlueAlly’s cost at any time prior to shipment or delivery — including due to inflation, component shortages, tariffs, or foreign exchange — BlueAlly may adjust pricing accordingly upon notice to Customer. Customer acknowledges that manufacturer pricing is outside of BlueAlly’s control and agrees to pay any such adjusted pricing as a condition of performance.

BlueAlly tax ID 37-1736155 UEI Number: D1PMXRCHUKG8 DUNS Number: 079868064 Cage Code: 7WQV4 Page: 1 of 2

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Quote # 36796 v. 1
Date Issued: 03/10/26
Expire Date: 09/30/26
Acceptance
BlueAlly City of Irwindale
Joseph Purcell
Signature / Name Signature / Name Initials
09/11/2026
Date Date
BlueAlly tax ID 37-1736155 UEI Number: D1PMXRCHUKG8 DUNS Number: 079868064 Cage Code: 7WQV4 Page: 2 of 2

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CLIMB CHANNEL SOLUTIONS
Cyber-Security Solutions Proposal presented to
11/16/2021
This document is a response to a Request for Proposal only.

The information herein is and contains confidential information and, as such, may not be disclosed to any third party without the express written consent of Climb Channel Solutions. Recipient agrees to disclose the information only to its respective personnel with a need to know.

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1 Table of Contents
Tab 1 –Master Agreement General Terms and Conditions...............................................................................2 Process.......................................................................................................................................................7 Evaluation Criteria.....................................................................................................................................9 Signature Form........................................................................................................................................10 Tab 2 – NCPA Administration Agreement...............................................................................................11 Tab 3 – Vendor Questionnaire................................................................................................................15 Tab 4 – Vendor Profile ............................................................................................................................18 Tab 5 – Products and Services ................................................................................................................22 Tab 6 – References..................................................................................................................................26 ................................................................................................................................................................30 ................................................................................................................................................................31 ................................................................................................................................................................32 ................................................................................................................................................................33 ................................................................................................................................................................34 Tab 7 – Pricing.........................................................................................................................................36 Tab 8 – Value Added Products and Services...........................................................................................37 Tab 9 – Required Documents..................................................................................................................38

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2 Tab 1 – Master Agreement General Terms and Conditions • Customer Support
➢ The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.

Acknowledged and affirmed.
• Disclosures
➢ Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.

Acknowledged and affirmed.
➢ The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.

Acknowledged and affirmed.
• Renewal of Contract
➢ Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to two (2) additional one-year terms or any combination of time equally not more than 2 years if agreed to by Region 14 ESC and the vendor.

Acknowledged and affirmed.
• Funding Out Clause
➢ Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:
➢ Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.

Acknowledged and affirmed.
• Shipments (if applicable)
➢ The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable.

Acknowledged and affirmed.
• Tax Exempt Status
➢ Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.

Acknowledged and affirmed.

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3 • Payments
➢ The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.

Acknowledged and affirmed.
• Adding authorized distributors/dealers
➢ Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.

Acknowledged and affirmed.
➢ Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA.

Acknowledged and affirmed.
➢ Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.

Acknowledged and affirmed.
➢ All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.

Acknowledged and affirmed.
• Pricing
➢ All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.

Acknowledged and affirmed.
➢ All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing.

Acknowledged and affirmed.
• Warranty
➢ Proposals should address each of the following:
▪ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
▪ Availability of replacement parts
▪ Life expectancy of equipment under normal use
▪ Detailed information as to proposed return policy on all equipment Details of manufacturers’ warranties and other details regarding the above bullets are included with the proposed equipment descriptions. Return policies are determined by the product manufacturer.
• Indemnity
➢ The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor

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4 employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.

Acknowledged and affirmed.
• Franchise Tax
➢ The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.

Acknowledged and affirmed.
• Supplemental Agreements
➢ The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.

Acknowledged and affirmed.
• Certificates of Insurance
➢ Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days’ notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified.

Acknowledged and affirmed.
• Legal Obligations
➢ It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein.

Acknowledged and affirmed.
• Protest
➢ A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST.

Protests shall be filed with Region 14 ESC and shall include the following:
▪ Name, address and telephone number of protester
▪ Original signature of protester or its representative ▪ Identification of the solicitation by RFP number
▪ Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
➢ Any protest review and action shall be considered final with no further formalities being considered.

Acknowledged and affirmed.
• Force Majeure
➢ If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice

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5 and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Acknowledged and affirmed.
➢ The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty Acknowledged and affirmed.
• Prevailing Wage
➢ It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.

Acknowledged and affirmed.
• Miscellaneous
➢ Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.

Acknowledged and affirmed.
• Open Records Policy
➢ Because Region 14 ESC is a governmental entity, responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).

Acknowledged and affirmed.
➢ The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general

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6 claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

Acknowledged and affirmed.

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7 Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.
• Contract Administration
➢ The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.
• Contract Term
➢ The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to two (2) additional one-year terms or any combination of time equally not more than 2 years.
➢ It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract.
• Contract Waiver
➢ Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. • Products and Services additions
➢ Products and Services may be added to the resulting contract during the term of the contract by written amendment, to the extent that those products and services are within the scope of this RFP.
• Competitive Range
➢ It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration.
• Deviations and Exceptions
➢ Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.
• Estimated Quantities
➢ The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $50 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program. There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation.
• Evaluation

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8 ➢ Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.
• Formation of Contract
➢ A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process.
• NCPA Administrative Agreement
➢ The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.
• Clarifications / Discussions
➢ Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.

Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision.

After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices. • Multiple Awards
➢ Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
• Past Performance
➢ Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.

Climb Channel Solutions acknowledges the NCPA proposal evaluation process and proposal contract terms.

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9 Evaluation Criteria
• Pricing (40 points)
➢ Electronic Price Lists
▪ Products, Services, Warranties, etc. price list
▪ Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item.
• Ability to Provide and Perform the Required Services for the Contract (25 points) ➢ Product Delivery within participating entities specified parameters ➢ Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.
➢ Vendor’s ability to perform towards above requirements and desired specifications. ➢ Past Cooperative Program Performance
➢ Quantity of line items available that are commonly purchased by the entity. ➢ Quality of line items available compared to normal participating entity standards. ➢ Provide both On-premise solutions as well as Cloud based solutions. • References (15 points)
➢ A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years
• Technology for Supporting the Program (10 points)
➢ Electronic on-line catalog, order entry use by and suitability for the entity’s needs ➢ Quality of vendor’s on-line resources for NCPA members. ➢ Specifications and features offered by respondent’s products and/or services • Value Added Services Description, Products and/or Services (10 points) ➢ Marketing and Training
➢ Minority and Women Business Enterprise (MWBE) and (HUB) Participation ➢ Customer Service
Climb Channel Solutions acknowledges the NCPA proposal evaluation criteria as outlined above.

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10 Signature Form
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.

The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.

Prices are guaranteed: 120 days
Company name: Climb Channel Solutions
Address: 4 Industrial Way West, 3rd Floor
City/State/Zip: Eatontown, NJ, 07724
Telephone No.: 1-800-847-7078
Fax No.: 1-732-389-2066
Email address: [email protected]
Printed name: Dale Foster
Position with company: President
Authorized signature:

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11 Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of December 13, 2021, by and between National Cooperative Purchasing Alliance (“NCPA”) and Climb Channel Solutions (“Vendor”).

Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated December 13, 2021, referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Cyber-Security Solutions, Malware, Ransomware Protection, Other Related Products and Services ;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement;
WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement;
WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
• General Terms and Conditions
➢ The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. ➢ NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.
➢ Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. ➢ NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges 01-130

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12 that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.
➢ With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region 14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement. ➢ The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement.
• Term of Agreement
➢ This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.
• Fees and Reporting
➢ The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales under the contract for the previous quarter.

Reports are due on the fifteenth (15th) day after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:

Entity Name Zip Code State PO or Job # Sale Amount
Total ____________
➢ Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis. Deadline for term of payment will be included in the invoice NCPA provides.

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13 Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001 + 1%
➢ Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an under reporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit.
• General Provisions
➢ This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. ➢ Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA.
➢ If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
➢ Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA, provided, however, that the Vendor may, without such written consent, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Agreement. ➢ This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder
➢ All written communications given hereunder shall be delivered to the addresses as set forth below.

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14 National Cooperative Purchasing Alliance: Vendor: Climb Channel Solutions Name: ____________________________ Name: Dale Foster
Title: _____________________________ Title: President
Address: __________________________ Address: 4 Industrial Way West, 3rd Floor __________________________________ Eatontown, NJ 07724
Signature: _________________________ Signature:

Date: ____________________________ Date: November 17, 2021 Matthew Mackel
Director, Business Development
PO Box 701273
Houston, TX 77270
December 13, 2021

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15 Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. • States Covered
➢ Bidder must indicate any and all states where products and services can be offered. ➢ Please indicate the price co-efficient for each state if it varies. ☒ 50 States & District of Columbia (Selecting this box is equal to checking all boxes below)
☐Alabama ☐Maryland ☐Rhode Island
☐Alaska ☐Massachusetts ☐South Carolina
☐Arizona ☐Michigan ☐South Dakota
☐Arkansas ☐Minnesota ☐Tennessee
☐California ☐Mississippi ☐Texas
☒Colorado ☐Missouri ☐Utah
☐Connecticut ☐Montana ☐Vermont
☐Delaware ☐Nebraska ☐Virginia
☐Florida ☐Nevada ☐Washington
☐Georgia ☐New Hampshire ☐West Virginia
☐Hawaii ☐New Jersey ☐Wisconsin
☐Idaho ☐New Mexico ☐Wyoming
☐Illinois ☐New York
☐Indiana ☐North Carolina
☐Iowa ☐North Dakota
☐Kansas ☐Ohio
☐Kentucky ☐Oklahoma
☐Louisiana ☐Oregon
☐Maine ☐Pennsylvania
☐All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below)
☐American Samoa ☐Northern Marina Islands
☐Federated States of Micronesia ☐Puerto Rico
☐Guam ☐U.S. Virgin Islands
☐Midway Islands
• Minority and Women Business Enterprise (MWBE) and (HUB) Participation ➢ It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
▪ Minority / Women Business Enterprise

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16 • Respondent Certifies that this firm is a M/WBE ☐
▪ Historically Underutilized Business
• Respondent Certifies that this firm is a HUB ☐
-Residency
• Responding Company’s principal place of business is in the city of Eatontown, State of New Jersey.
• Felony Conviction Notice
➢ Please Check Applicable Box;
☒A publicly held corporation; therefore, this reporting requirement is not applicable. ☐Is not owned or operated by anyone who has been convicted of a felony. ☐Is owned or operated by the following individual(s) who has/have been convicted of a felony
➢ If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.
• Distribution Channel
➢ Which best describes your company’s position in the distribution channel:
☐Manufacturer Direct ☐Certified education/government reseller ☒Authorized Distributor ☐Manufacturer marketing through reseller ☐Value-added reseller ☐Other: ___________________________ • Processing Information
➢ Provide company contact information for the following:
▪ Sales Reports
Contact Person: Jenna Stern
Title: Contracts Administrator
Company: Climb Channel Solutions
Address: 4 Industrial Way West, 3rd Floor
City: Eatontown State: NJ Zip Code: 07724
Phone: 1-800-847-7078 Ext. 7564
Email: [email protected]
▪ Accounts Payable
Contact Person: Eva Pinto
Title: Director of Credit and Collections
Company: Climb Channel Solutions
Address: 4 Industrial Way West, 3rd Floor
City: Eatontown State: NJ Zip Code: 07724
Phone: 1-800-847-7078 Ext. 7366
Email: [email protected]
▪ Purchase Orders
Contact Person: Danielle Franco
Title: Director of Operations
Company: Climb Channel Solutions
Address: 4 Industrial Way West, 3rd Floor
City: Eatontown State: NJ Zip Code: 07724

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17 Phone: 1-800-847-7078 Ext. 7333
Email: [email protected]
▪ Sales and Marketing
Contact Person: Randy Jones
Title: Director of Alliances
Company: Climb Channel Solutions
Address: 4 Industrial Way West, 3rd Floor
City: Eatontown State: NJ Zip Code: 07724
Phone: 1-800-847-7078 Ext. 7248
Email: [email protected]
• Pricing Information
➢ In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing.
o If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.
☒Yes ☐No
➢ Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.
☒Yes ☐No
➢ Vendor will provide additional discounts for purchase of a guaranteed quantity. ☐Yes ☒No
Climb Channel Solutions will not provide guaranteed quantity discounts, but we will work with our manufacturers to offer additional discounts based on volume, production and opportunity.

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18 Tab 4 – Vendor Profile
Please provide the following information about your company:
• Company’s official registered name.

Climb Channel Solutions
• Brief history of your company, including the year it was established.

Climb Channel Solutions is a value-added distributor that focuses on emerging technologies and connecting those vendors with thousands of global resellers. Climb Channel Solutions, formerly known as Lifeboat Distribution, Inc. was founded in 1982. Climb resides under their parent company, Wayside Technology Group, Inc.
• Company’s Dun & Bradstreet (D&B) number.

Climb Channel Solutions - 004-798-299
• Company’s organizational chart of those individuals that would be involved in the contract.

Dale Foster
President
Randy Jones
Director of
Alliances
Jenna Stern
Contracts
Administrator
Danielle Franco
Director of
Operations
Eva Pinto
Director of Credit
and Collections
Tim Popovich
VP of Sales, North
America

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19 • Corporate office location.
4 Industrial Way West, 3rd Floor
Eatontown, NJ 07724
➢ List the number of sales and services offices for states being bid in solicitation. ▪ New York – 2721 Transit Road, Suite 109, Buffalo, NY 14059 ▪ Mid-West – 865 Delaware Street, Denver, CO 80204
▪ In addition to Climb offices, we have a list of authorized resellers that are included in Appendix A below. There are resellers representing states all over the country. Each reseller location is a location that can provide sales and services to the NCPA Contract customer base.
➢ List the names of key contacts at each with title, address, phone and e-mail address. ▪ Corporate Office – Tim Popovich – VP of Sales, North America – 1-800-847- 7078 Ext. 7280 – [email protected]
▪ Also See Contacts Under Processing Information
▪ Mid-West – Mike Taliercio – Territory Director West – 303-931-7829 – [email protected]
▪ See Appendix A for reseller contacts.
• Define your standard terms of payment.

Climb’s standard terms of payment are Net 30. We also offer several alternative financing options to our partners. Please inquire for more information. • Who is your competition in the marketplace?
Climb is an authorized IT distributor, so we compete against other IT distributors. Some examples are, Promark, Tech Data, Carahsoft, etc.
• What differentiates your company from competitors?
What sets Climb apart from its competitors is that we focus on new and emerging technologies. We stay on top of IT trends and recruit innovative solutions. We assist with the entire sales lifecycle, from sales training to demand gen to order and support. We look for flexible and agile vendors and resellers to be one step ahead of the constant change and speed of the IT industry. Traditional distributors will eagerly provide you with marketing services for substantial added fees. But here at Climb, we invest WITH you by providing these services as a part of our partnership.
• Describe how your company will market this contract if awarded.

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20 As an IT Distributor, we do not sell directly to the end user or government; therefore, we will leverage our resellers to sell our manufacturers products. • Describe how you intend to introduce NCPA to your company.

Climb has its own nationwide sales team, that are all well versed in the SLED program. Those sales teams with account ownership of our NCPA Dealers will have a more targeted focus, as they will be the primary points of contact for the partners. Climb will create a dedicated onboarding process for the NCPA contract. The on-boarding process will include training webinars and meetings to introduce the NCPA contract and provide guidance for internal functionality as it relates to marketing, quoting, and ordering through this contract. Standards will be created, documented and communicated to all sales teams to create a baseline approach to NCPA transactions. The marketing plan described above will also be incorporated into the on-boarding process.
• Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.

Climb will create a dedicated page on our public website providing NCPA members access to key contract details:
• OEM(s) supported on contract
• Real-time pricing access
• Key contacts and ordering instructions
• Authorized participating dealers
Climb will handle all NCPA orders through phone, facsimile, EDI, XML, or email communication.
• Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.) headquarters
Climb’s commitment to customer satisfaction is demonstrated throughout its core business processes, from order processing and tracking to invoicing and beyond; all customers who have product delivered to them through Climb are tracked in our Ecometry Management System. Climb maintains several work instructions and policies surrounding ensuring customer service and customer satisfaction. On a monthly basis we measure our efforts regarding follow up with customers to ensure receipt of product, ensure satisfaction with order process, and to offer assistance where appropriate. In all cases our metrics are on target and better than industry standards. Climb is committed to providing customers the following support services free of charge:
• Timely and accurate quarterly sales reports, based on current offerings and prices • Timely dispatch of up-to-date hard and soft copy ordering guides • Commercially available technical specifications, either on-line or in hard copy form, for any product available on our contracts, per a customer’s request • Configuration analysis to determine the suitability, correctness and availability of our offerings to the customer’s requirement Further, Climb account teams provide acknowledgement within four (4) business hours of receipt of a quote request or purchase order; validated purchase orders are generally processed within 24 hours. Order receipt methods include mail, phone, and electronic means such as facsimile, e-mail, or other

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21 internet-based communications. Order status reports are available on-demand by contacting your account manager. The standard hours of operation for our customer service department are 8:30-5:30 EST, Monday through Friday. However, it has been our experience that the processing of orders and the need for customer and technical service spikes throughout the course of the year, reflecting various fiscal year ends. As such, we use a cross-trained workforce to adapt to high-volume workloads and provide

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22 Tab 5 – Products and Services
• Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs.

Climb will perform and provide the required products and/or services under the terms of this agreement.
• Offeror’s must be able to provide services the following pillars as adopted by the National Institute of Security Technology (NIST). https://www.nist.gov/cyberframework. Vendors who offer these services either individually or in a combination are qualified to respond to this solicitation.
• The following is a list of suggested (but not limited to) Cyber-Security Solutions, Malware, Ransomware Protection, Other Related Products and Services requirements. The successful respondent(s) will provide products and services that include, but are not limited to the following:
• Identify - Develop the organizational understanding to manage cybersecurity risk to systems, assets, data, and capabilities.
➢ Asset Management
➢ Asset Discovery
➢ Business Environment
➢ Governance
➢ Risk Management
➢ Risk Management Strategy
➢ Vulnerability Scanning and Management
➢ Supply Chain Risk Management
• Protect - Develop and implement the appropriate safeguards to ensure delivery of critical infrastructure services.
➢ Identity Management
➢ Authentication and Access Control
➢ Multi-factor Authentication (MFA)
➢ Awareness & Training
➢ Data Security
➢ Information Protection + Procedures
➢ Maintenance
➢ Protective Technology
• Detect - Develop and implement the appropriate activities to identify the occurrence of a cybersecurity event.
➢ Anomalies & Events
➢ Security Continuous Monitoring
➢ Detection Process
➢ Log and Event Correlation (SIEM)
➢ User Behavioral Analytics (SIEM)

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23 • Respond - Develop and implement the appropriate activities to take action regarding a detected cybersecurity event.
➢ Response Planning
➢ Data Enrichment
➢ Communication
➢ Analysis
➢ Mitigation
➢ Automated Response
➢ Improvements
• Recover - Develop and implement the appropriate activities to take action regarding a detected cybersecurity event.
➢ Recover Planning
➢ Forensic Investigation
➢ Findings Report
➢ Improvements
➢ Communications
IT Cybersecurity Products have 5 key capabilities:

1. Asset Management

2. Identity and Access Management

3. Network Security Management

4. Data Protection Management

5. Future Capabilities.

IT Cybersecurity Services includes a wide range of fields such as, risk management framework services, information assurance, virus detection, network management, situational awareness and incident response, secure web hosting, and backup, security services and, Security Operations Center (SOC) services.

Product Categories Suggested (but not limited to) for this RFP • Hardware & On-Prem Software
➢ Cloud Security
➢ Hard Disk Drives
➢ Input Device Accessories
➢ Network Accessories
➢ Network Adapters & Cables
➢ Network Devices
➢ UTM (Firewall)
➢ Web App Firewall
➢ Anti-virus
➢ Anti-spam
➢ URL Filtering (CIPA Compliance)

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24 ➢ ISD/IPS Systems
➢ Email Gateways
➢ Network Storage
➢ Power Accessories, Adapters, and Supplies
➢ Rack System and Accessories
➢ RAM Mods
➢ Repeaters/Transceivers
➢ Security Hardware and Software
➢ SSD (Solid State Drives)
➢ Storage Controllers
• Cloud Services
➢ Cloud Security
➢ Cloud-based SIEM Services
➢ Cloud-based Endpoint Protection (EPP/MDR)
➢ Internet/Commination Apps
➢ Web Application Firewall (WAF)
➢ Security Service and Support
➢ Cloud-based Vulnerability Scanner
➢ Security Software
• Other Services
➢ Security Audits
▪ Data acquisition (1-off)
▪ Per audit services
▪ Risk Assessment audit - Internal exposure
▪ Gap Assessments or Readiness Assessments against Security Framework ➢ Professional Services
▪ Installation services (list approved/qualified partners) ▪ Migration Services (list approved/qualified partners) ▪ Open-Source Integration (list approved/qualified partners) ➢ Managed Services
▪ Content Filtering Management
▪ Data Aggregation Report Management
▪ Managed Detect and Response Service (MDR)
▪ Vulnerability Management as a Service
▪ Security Information and Event Management (SIEM) as a Service ▪ Identity and Access Management (IAM) as a Service
➢ Training Services
▪ Professional Training and Development (IT Staff)
▪ IT Product Training (list approved/qualified partners) Climb Channel Solutions plans to offer a subset of our manufacturers and authorized dealers to start with for the NCPA contract. This list is the initial wave of manufacturers that Climb has proposed to add to this contract. Once awarded the contract, Climb would work with NCPA to continue to add additional manufacturers from our broad line card.

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25 Line card we are presenting to NCPA initially:
▪ BitDefender
▪ Datacore
▪ Datadobi
▪ Tintri – Intelliflash
▪ Tintri – Vmstore
▪ Turbonomic
▪ Techsmith
▪ Unitrends
▪ Wasabi
▪ Zendesk
Below are reference and authorization letters from some of our manufacturers and reseller partners.

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37 Tab 8 – Value Added Products and Services
Climb Channel Solutions extensive network of vendor and reseller partner relationships could provide Region 14 and eligible NCPA entities with significant additional value during the term of the proposed contract. We look forward to the potential expansion of Region 14 and NCPA’s access to our full line of 75+ Suppliers and 1,000+ Partners should those additional capabilities be required, and appreciate the opportunity to work together with you to bring Systems & Information Management software and other enterprise technology products to State, Local, and Education entities across the country.

Climb Channel Solutions understands that additional documentation would be needed for any value-add products or services to be considered for official inclusion on the initial award of this solicitation. For informational purposes only, we have included our Vendor Line Card as a contract value add. The available brands include hundreds of additional Suppliers from our focused technology groups: Software and ALM, Security, Storage and HCI, Cloud and Virtualization, Connectivity, and Data Management. Should we receive an award on this RFP response, Climb does not expect the material included in this section to result in an award of any additional Suppliers. Because our business model is built to establish and then expand Supplier availability on contract vehicles, we have provided this information solely to offer Region 14 the full potential of Climb’s long-term contribution to NCPA entities beyond the initial breadth and depth of the offering provided in our official RFP response.

olu on Categories and endors
Climb Channel olu ons

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38 Tab 9 – Required Documents
• Clean Air and Water Act / Debarment Notice
• Contractors Requirements
• Antitrust Certification Statements
• Required Clauses for Federal Funds Certifications
• Required Clauses for Federal Assistance by FTA
• State Notice Addendum

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39 Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.

I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations.

Potential Vendor: Climb Channel Solutions
Print Name: Dale Foster
Address: 4 Industrial Way W, 3rd Floor
City, Sate, Zip: Eatontown, NJ, 07724
Authorized signature:

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40 Contractor Requirements
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.

Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.

Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to:
suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.

Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed.

Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy.

The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.

The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.

Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed.

Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran.

Authorized Signature

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41 Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Company Name: Climb Channel Solutions
Address: 4 Industrial Way W
City/State/Zip: Eatontown, NJ 07724
Telephone: 800-847-7078
Fax
Email: [email protected]
Printed Name: Dale Foster
Position with Company: President
Authorized Signature:

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42 Required Clauses for Federal Funds Certifications
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion,

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43 or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any

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44 lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

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45 Required Clauses for Federal Assistance provided by FTA

ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination.

FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11).

CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue.

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46 b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the nondiscrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.

Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary, to identify the affected parties.

DISADVANTAGED BUSINESS PARTICIPATION

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47 This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of DOTassisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)). 2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.

ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.

FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time

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48 during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S.

Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference.

Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions.

NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.

In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the

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49 right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

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50 State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract.

For your reference, the links below include some, but not all, of the entities included in this proposal:

State, Local, and Tribal Governments | USAGov
Local Governments | USAGov

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51 Appendix A – Authorized Resellers
Dealer Name Address City State Zip
ABBA Technologies Inc 5301 Beverly Hills Ave. NE Albuquerque NM 87113 Cas Severn 6201 Chevy Chase Drive Laurel MD 20707
CDW 230 N Milwaukee Avenue Vernon Hills IL 60061
Colossal Contracting LLC 304 Harry S Truman Pkwy, Ste. G Annapolis MD 21401 Communications Professionals Inc. 2265 Livernois Rd, Ste. 900 Troy MI 48083 Comtest Technologies 3049 Ualena Street, Suite 706 Honolulu HI 96819 Copper River 4501 Singer Ct. #300 Chantilly VA 20151
Cornerstone Tech 1735 N. First Street, Suite 110 San Jose CA 95112 CTG 12165 Darnstown Rd. Gaithersburg MD 20878
Custom Storage Inc. dba cStor 7975 N. Hayden Rd., Ste. A105 Scottsdale AZ 85258 Data Center Warehouse 23041 Avenida De La Carlota #200 Laguna Hills CA 92653 DynTek Services, Inc. 5241 California Ave., Suite 150 Irvine CA 92617 Epoch Concepts 8920 Barrons Blvd. Highlands Ranch CO 80129 Eternal Networks, LLC 887 S. McDonough Street Montgomery AL 36104 FedBizIT 305 Harrison St., SE, Suite 1C Leesburg VA 20175 Force3 2151 Priest Bridge Drive Crofton MD 21114
GDS2, Inc. 10755 Scripps Poway Pkwy, Ste. 371 San Diego CA 92131 Hawk Institute for Space Sciences 2137 Espey Court, Suite 7 Crofton MD 21114 ITSavvy 313 South Rohlwing Road Addison IL 60101
Kambrian Corporation 2707 E. Valley Blvd, Suite 312 West Covina CA 91792 Kelyn Tech 17011 Lincoln Ave. #444 Parker CO 80134
Logisoft Computer Products 6605 Pittsford Palmyra Road, Suite E1 Fairport NY 14450 MNJ Technologies Direct 1025 Busch Parkway Buffalo Grove IL 60089 MVation Worldwide 70 Glen Street, Suite 260 Glen Cove NY 11542 Networked Educational
Technologies dba CSDNET 874 Montauk Highway Bayport NY 11705 New Tech Solutions 4179 Business Center Drive Fremont CA 94538 Norseman 8172 Lark Brown Road Elkridge MD 21075
Sanity Solutions 1720 Bellaire St. Denver CO 80222
Sequel Data Systems 11824 Jollyville Road, Suite 400 Austin TX 78759 Sev1Tech 7800 East Union Ave., Suite 875 Denver CO 80237 SHI International Corp. 10 Knox Drive Piscataway NJ 08854 ShireWire GS&D 184 Northampton Street, Ste. 302 Easthampton MD 01027 SIRC 730 24th St NW, #3 Washington DC 20037
Solutions3 LLC 637 Wyckoff Ave., PMB 352 Wyckoff NJ 07481 Sonit Systems LLC 130 Westfield Dr. Archbold OH 43502
SpartanTec, Inc. 800 25th Ave. South, Suites B & C North Myrtle Beach SC 29582 Starnet Solutions 90 Main Street Farmingdale NJ 07727
Strato Communications 10398 Rockingham Dr. #7 Sacramento CA 95827 Technologent 100 Spectrum Center Dr., Ste. 700 Irvine CA 92618 Technology Integration Group 10240 Flanders Court San Diego CA 92121 TWE Solutions 13900 Marquesas Way #6004 Marina Del Rey CA 90292 York Telecom Corp. 81 Corbett Way Eatontown NJ 07724
Vinsys Information Technology 12020 Sunrise Valley Dr, Ste. 100 Reston VA 20191

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Region XIV Education Service Center
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
June 13, 2025
Mr. Dale Foster
President
Climb Channel Solutions
4 Industrial Way West, 3rd Floor
Eatontown, NJ 077724
Sent via email to: [email protected]
Re: Renewal of Region 14 ESC Contract #01-130, Cyber-Security Solutions, Malware, Ransomware Protection, Other Related Products and Services Dear Mr. Foster:

Region 14 Education Service Center is pleased to announce that it is renewing contract #01-130, Cyber-Security Solutions, Malware, Ransomware Protection, Other Related Products and Services for the period January 1, 2026, through December 31, 2026, in accordance with the contract.

If you have any questions or concerns, feel free to contact me at (325) 675-7003.

Sincerely,
Emily Jeffrey
Region 14, Chief Financial Officer
Docusign Envelope ID: 15E97589-4B8D-459F-B8EF-0543AC64C66C

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Climb - Contract # 01-130
Cyber Security Solutions, Mallware, Ransomeware Protection Other Related Products Services Manufacturer Discount off List
Acronis 5%
Arcserve 4%
Automox 5%
Bitdefender 5%
CoreView 5%
Coro 5%
CYREBRO 10%
Darktrace 2%
DataCore 9%
Datadobi 5%
Deep Instinct 5%
Delinea 4%
Flashpoint 5%
Freshworks 2%
Garland 3%
GFI 15%
Halcyon 10%
Hammerspace 5%
Kiteworks 5%
Logicgate 5%
Macrium 5%
N-Able 5%
Nexsan 5%
Nitro 10%
OpenText 5%
Paessler 5%
Parallels 5%
RackWare, Inc. 5%
Reliaquest 2%
RJ Young Engineering Services 5%
Scale 2.78 - 18.49%
Scality 5%
Seagate Lyve Mobile 5%
Seagate Systems 5%
Smartbear 5%
Sonatype 4%
Sophos 4%
SUSE 2% or 5%
Syxsense 5%
Thales/Imperva 5%
Tintri 12%
Trend Micro 4%
TXOne 5%
Updated 2026_08_25

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Climb - Contract # 01-130
Cyber Security Solutions, Mallware, Ransomeware Protection Other Related Products Services Manufacturer Discount off List
Unitrends 5%
Wasabi 5%
Zendesk 5%
Updated 2026_08_25

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Climb - Contract # 01-130
Authorized Resellers
Authorized Reseller
Full Catalog (Y/N)
if No, please Specify
National (Y/N)
if No please Specify Contact Information
1903 Solutions LLC Y Y [email protected]
954 Consultants LLC Y Y [email protected]
Adry Partners, LLC Y Y [email protected]
Ahead, Inc. Y Y [email protected]
American Software LLC Y Y [email protected] ArcFire One LLC Y Y [email protected]
Aspire Technology Partners Y Y [email protected] Aurora Systems Consulting Y Y [email protected]
A-VAR Inc. Y Y [email protected]
BlackPoint IT Services Y Y [email protected] Blue Chip Tek, Inc. Y Y [email protected]
Blue Karma Security LLC Y Y [email protected]
BlueAlly Technology Solutions, LLC Y Y [email protected] BorderLAN Inc. Y Y [email protected]
Bridge Data Solutions Y Y [email protected]
Capital Data Y Y [email protected]
Catalyst Technology Group USA, Inc. Y Y [email protected] CDW-G Y Y [email protected]
Cherbonnier Mayer & Associates, Inc. dba CMA Technology Solutions Y Y [email protected] Climb Global Solutions, Inc. DBA Grey Matter Y Y [email protected] Clutch Solutions LLC Y Y [email protected]
CNP Technologies Y Y Michael Hale; [email protected]
Computer Business Solutions, Inc. Y Y [email protected] Computers at Work!, Inc. DBA vTechio Y Y [email protected] Converge Technology Solutions Y Y [email protected] ConvergeOne, Inc. Y Y [email protected]
CyKor Y Y [email protected]
Dallas Digital Services, LLC Y Y [email protected] Data Center Warehouse, LLC Y Y [email protected] / [email protected] DG Technology Consulting LLC Y Y [email protected] DGR Systems, LLC Y Y [email protected]
Digital Securus LLC, dba Deep Forest Security Consulting Y Y [email protected] Dox Electronics, Inc. Y Y [email protected]
Dreadnought Endeavors Inc Y Y [email protected]
Edge Team Y Y [email protected]
EncoreCyber, Inc. Y Y [email protected]
Eos Systems Y Y [email protected]
ePlus Y Y [email protected]
Evotek Y Y [email protected]
Frontier Technology DBA MicroAge Y Y [email protected] GHA Technologies, Inc. Y Y [email protected] Heartland Business Systems, LLC Y Y [email protected] Howard Technology Solutions Y Y [email protected]
Hub City Media, Inc. Y Y [email protected]
IMPEX Technologies, Inc. Y Y [email protected] International Data Link Inc Y Y [email protected]
InterWorks, Inc. Y Y [email protected]
Kambrian Corporation Y Y [email protected]
Keeper Technology LLC Y Y [email protected] Liberty Technology Y Y [email protected]
Loial Inc Y Y [email protected]
Lyon Micro, LLC Y Y [email protected]
Mainline Information Systems, LLC Y Y [email protected] Mangudai LLC Y Y [email protected]
Micro Logic, Inc. dba Micro Systems Support Y Y [email protected] MJM Systems, Inc. Y Y [email protected]
Modcomp, Inc. dba CSPi Technology Solutions Y Y [email protected] Multipath Data, Inc. Y Y Tom O'Malley [email protected] Netsync Network Solutions Y Y [email protected]
Network Integration Company Partners, Inc. (NIC Partners) Y Y [email protected] Networked Educational Technologies DBA CSDNET Y Y [email protected] Nth Generation Computing, Inc. Y Y [email protected]
NXT GEN Technologies, Inc. Y Y [email protected]
Ocean Computer Group, Inc. Y Y [email protected]
Ochser Consulting Y Y [email protected]
Optiv Security Inc. Y Y [email protected]
Organization for Educational Technology Curriculum Y Y [email protected] Pantheon Global Solutions LLC Y Y [email protected] Paperless Knowledge Y Y [email protected]
PartnerOne IT LLC Y Y [email protected]
Personal Computer Systems, Inc. Y Y [email protected] Quality and Assurance Technology Corp Y Y [email protected] Right! Systems, Inc. Y Y [email protected]
ROI-IT LLC Y Y [email protected]
Sac Associates LLC Y Y [email protected]
Updated 2026_08_25

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Climb - Contract # 01-130
Authorized Resellers
Authorized Reseller
Full Catalog (Y/N)
if No, please Specify
National (Y/N)
if No please Specify Contact Information
Sanity Solutions Y Y [email protected]
Sequel Data Systems, Inc. Y Y [email protected] Sidepath Inc. Y Y [email protected]
SMS Tech Solutions LLC Y Y [email protected]
Soccour Solutions Y Y [email protected]
Spectrum Imaging Technologies, Inc. Y Y [email protected] SSP Data Y Y [email protected]
Starnet Solutions Y Y [email protected]
Strategic Storage Solutions Y Y [email protected]
Structured Communication Systems, Inc. Y Y [email protected] Summus Industries, Inc. Y Y [email protected] Technology Integration Group (TIG) Y Y [email protected] Tensus Technology LLC Y Y [email protected]
Terralogic Y Y [email protected]
Total Tech International Inc. Y Y [email protected] Trace3 Y Y Nicole Vacketta; [email protected]
Trebron Security, LLC Y Y [email protected]
Twotrees Technologies LLC Y Y [email protected]
VirtuIT Systems, Inc. Y Y [email protected]
Vision Data Center Y Y [email protected]
VLCM Y Y [email protected]
Zivaro, Inc. Y Y [email protected]
954 Consultants LLC Y Y [email protected]
Grand Canyon Business Solutions Y Y [email protected] Continental Resources, Inc. Y Y [email protected]
GuidePoint Security LLC Y Y [email protected] Yellow Dog Networks Y Y [email protected]
Compucom Systems, Inc Y Y [email protected]
Calian Corp. Y Y [email protected]
Updated 2026_08_25

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Request for Proposal (RFP) for Cyber-Security Solutions, Malware, Ransomware Protection, Other Related Products and Services Solicitation Number: 34-21
Publication Date: Tuesday, October 5th, 2021
Notice to Respondent:

Submittal Deadline: Thursday, November 18th, 2021 2:00 pm CST Questions regarding this solicitation must be submitted to [email protected] no later than Thursday, November 11th, 2021. All questions and answers will be posted to http://www.ncpa.us/solicitations.

It is the intention of Region 14 Education Service Center (herein “Region 14 ESC”) to establish a Master Agreement for Cyber-Security Solutions, Malware, Ransomware Protection, Other Related Products and Services for use by Region 14 ESC and other public agencies supported under this contract. This Request for Proposal is issued on behalf of the National Cooperative Purchasing Alliance through a public agency clause, which provides that any county, city, special district, local government, school district, private K-12 school, higher education institution, state, other government agency, healthcare organization or nonprofit organization may purchase Products and Services through this contract.

Respondents will be required to execute the NCPA Administration Agreement upon award.

This contract will allow agencies to purchase on an “as needed” basis from a competitively awarded contract. Respondents are requested to submit their total line of available products and services. While this solicitation specifically covers Cyber-Security Solutions, Malware, Ransomware Protection, Other Related Products and Services , respondents are encouraged to submit an offering on any or and all products and services available that they currently perform in their normal course of business.

Responses shall be received electronically no later than the submittal deadline via our online Bonfire portal at ncpa.bonfirehub.com
Immediately following the deadline, all responses will be publicly opened and the respondents recorded.

Any response received later than the specified deadline will be disqualified.

Responses will remain sealed by our online Bonfire portal until the bid opening time specified.

Responses received outside our online Bonfire portal will not be accepted. Sealed responses may be submitted on any or all items, unless stated otherwise. Proposal may be rejected for failure to comply with the requirements set forth in this invitation.

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Competitive Solicitation by
Region 14 Education Service Center
For
Cyber-Security Solutions, Malware, Ransomware
Protection, Other Related Products and Services
On behalf of itself and other Government Agencies
And made available through the
National Cooperative Purchasing Alliance
RFP # 34-21

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Introduction / Scope
¨ Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Public Agency” or collectively “Public Agencies”) is soliciting proposals from qualified vendors to enter into a Master Agreement for Cyber-Security Solutions, Malware, Ransomware Protection, Other Related Products and Services that make quality care more accessible and affordable.

Distributors should have an interest in accessing tax-supported agencies, including Hospitals, Clinics, Universities, and other public agencies. Distributor to include a plan for marketing the products and services to agencies.

Distributors shall have reach throughout the US and the US Territories. Distributor to describe how products and services will be distributed nationwide.

Distributor should offer and promote nationally recognized brands. Please detail how private label, or off brands are positioned and promoted.

Distributors shall provide services that allow customers to place orders, get pricing, view order and delivery status and provide reporting, all online.

Distributor to describe how you will educate your sales teams (inside and outside) about the contract.

Distributor should outline historic key metrics like:

Ø Fill Rate and service level metrics
Ø Out of Stock metrics
¨ Region 14 ESC, as the lead public agency, has partnered with NCPA to make the resultant contract available to all participating agencies in the United States. NCPA provides marketing and administrative support for the awarded vendor that promotes the successful vendor’s products and services to Public Agencies nationwide. The Vendor will execute the NCPA Administration Agreement (Tab 2) upon award. Vendor should thoroughly review all documents and note any exceptions to NCPA terms and conditions in their proposal. ¨ Awarded vendor(s) shall perform covered services under the terms of this agreement.

Respondents shall provide pricing based on a discount from their standard pricing schedules for products and/or services offered. Electronic Catalog and/or price lists must accompany the proposal. Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply. Additional pricing and/or discounts may be included.

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¨ Each service proposed is to be priced separately with all ineligible items identified. Services may be awarded to multiple vendors. Respondents may elect to limit their proposals to a single service within any category, or multiple services within any and all categories. ¨ National Cooperative Purchasing Alliance (NCPA)
Ø The National Cooperative Purchasing Alliance (herein “NCPA”) assists public agencies to increase their efficiency and reduce their costs when procuring goods and services. This is accomplished by awarding competitively solicited contracts that are leveraged nationally by combining the volumes and purchasing power of entities nationwide. Our contracts are available for use by any entity that must comply with procurement laws and regulations. ¨ It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this RFP.

Ø Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Public Agencies;
Ø Achieve cost savings of Vendors and Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals; Ø Combine the purchasing power of Public Agencies to achieve cost effective pricing; Ø Reduce the administrative and overhead costs of Vendors and Public Agencies through state of the art purchasing procedures.
¨ Offeror’s must be able to provide services the following pillars as adopted by the National Institute of Security Technology (NIST). https://www.nist.gov/cyberframework. Vendors who offer these services either individually or in a combination are qualified to respond to this solicitation.

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Instructions to Respondents
¨ Submission of Response
Ø Only responses received via our online Bonfire portal will be accepted. Faxed or mailed responses will not be accepted.

Ø Responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC reserves the right to reject or accept any response.

Ø Deviations to the terms, conditions and/or specifications shall be conspicuously noted in writing by the respondent and shall be included with the response.

Ø Withdrawal of response will not be allowed for a period of 120 days following the opening.

Pricing will remain firm for 120 days from submittal.
¨ Required Proposal Format
Ø Responses shall be provided electronically via our online Bonfire portal. Tabs should be used to separate the proposal into sections, as identified below. Respondents failing to organize in the manner listed may be considered non-responsive and may not be evaluated.

It’s recommended that all tabs, with the exception of Tab 7 (Pricing), be submitted in Portable Document Format (PDF). Please note pricing can be submitted separately in a alternate format (e.g. xlsx, xls, csv).
¨ Tabs
Ø Tab 1 – Master Agreement / Signature Form
Ø Tab 2 – NCPA Administration Agreement
Ø Tab 3 – Vendor Questionnaire
Ø Tab 4 – Vendor Profile
Ø Tab 5 – Products and Services / Scope
Ø Tab 6 - References
Ø Tab 7 - Pricing
Ø Tab 8 – Value Added Products and Services
Ø Tab 9 – Required Documents

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Tab 1 – Master Agreement General Terms and
Conditions
¨ Customer Support
Ø The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.
¨ Disclosures
Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.

Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.
¨ Renewal of Contract
Ø Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to two (2) additional one-year terms or any combination of time equally not more than 2 years if agreed to by Region 14 ESC and the vendor. ¨ Funding Out Clause
Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:

Ø Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract. ¨ Shipments (if applicable)
Ø The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. ¨ Tax Exempt Status
Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.

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¨ Payments
Ø The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.
¨ Adding authorized distributors/dealers
Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.

Ø Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA.

Ø Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.

Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.
¨ Pricing
Ø All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.

Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
¨ Warranty
Ø Proposals should address each of the following:
§ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
§ Availability of replacement parts
§ Life expectancy of equipment under normal use
§ Detailed information as to proposed return policy on all equipment ¨ Indemnity
Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.
¨ Franchise Tax
Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.

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¨ Supplemental Agreements
Ø The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. ¨ Certificates of Insurance
Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ¨ Legal Obligations
Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ¨ Protest
Ø A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following:
§ Name, address and telephone number of protester
§ Original signature of protester or its representative § Identification of the solicitation by RFP number
§ Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
Ø Any protest review and action shall be considered final with no further formalities being considered.
¨ Force Majeure
Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the

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United States or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty
¨ Prevailing Wage
Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.
¨ Miscellaneous
Ø Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
¨ Open Records Policy
Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-bypage and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).

Ø The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

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Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.
¨ Contract Administration
Ø The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.
¨ Contract Term
Ø The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to two (2) additional one-year terms or any combination of time equally not more than 2 years.

Ø It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract. ¨ Contract Waiver
Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ¨ Products and Services additions
Ø Products and Services may be added to the resulting contract during the term of the contract by written amendment, to the extent that those products and services are within the scope of this RFP.
¨ Competitive Range
Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ¨ Deviations and Exceptions
Ø Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.
¨ Estimated Quantities
Ø The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $50 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program. There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation

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¨ Evaluation
Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.
¨ Formation of Contract
Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process.
¨ NCPA Administrative Agreement
Ø The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.
¨ Clarifications / Discussions
Ø Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.

Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices.
¨ Multiple Awards
Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
¨ Past Performance
Ø Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.

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Evaluation Criteria
¨ Pricing (40 points)
Ø Electronic Price Lists
§ Products, Services, Warranties, etc. price list
§ Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item. ¨ Ability to Provide and Perform the Required Services for the Contract (25 points) Ø Product Delivery within participating entities specified parameters Ø Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.

Ø Vendor’s ability to perform towards above requirements and desired specifications.

Ø Past Cooperative Program Performance
Ø Quantity of line items available that are commonly purchased by the entity.

Ø Quality of line items available compared to normal participating entity standards.

Ø Provide both On-premise solutions as well as Cloud based solutions. ¨ References (15 points)
Ø A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years
¨ Technology for Supporting the Program (10 points)
Ø Electronic on-line catalog, order entry use by and suitability for the entity’s needs Ø Quality of vendor’s on-line resources for NCPA members.

Ø Specifications and features offered by respondent’s products and/or services ¨ Value Added Services Description, Products and/or Services (10 points) Ø Marketing and Training
Ø Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø Customer Service

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Signature Form
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.

The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.

Prices are guaranteed: 120 days
Company name
Address
City/State/Zip
Telephone No.

Fax No.

Email address
Printed name
Position with company
Authorized signature

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Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of __________________________________, by and between National Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”).

Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______________________, referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Cyber-Security Solutions, Malware, Ransomware Protection, Other Related Products and Services ;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
¨ General Terms and Conditions
Ø The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.

Ø NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.

Ø Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement.

Ø NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.

Ø With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public

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Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region 14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement.

Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ¨ Term of Agreement
Ø This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.
¨ Fees and Reporting
Ø The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15th) day after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:

Entity Name Zip Code State PO or Job # Sale Amount
Total ________________
Ø Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.

From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis.

Deadline for term of payment will be included in the invoice NCPA provides.

Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%

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Ø Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an under reporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit. ¨ General Provisions
Ø This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.

Ø Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA.

Ø If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.

Ø Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA, provided, however, that the Vendor may, without such written consent, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Agreement.

Ø This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder
Ø All written communications given hereunder shall be delivered to the addresses as set forth below.

National Cooperative Purchasing Alliance:

Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________
Vendor: ________________________________________
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________

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Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. ¨ States Covered
Ø Bidder must indicate any and all states where products and services can be offered.

Ø Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below) Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware
District of Columbia
Nebraska
Nevada
Washington
West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island

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All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below) ¨ Minority and Women
Business Enterprise (MWBE) and (HUB) Participation
Ø It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
§ Minority / Women Business Enterprise
• Respondent Certifies that this firm is a M/WBE
§ Historically Underutilized Business
• Respondent Certifies that this firm is a HUB
¨ Residency
Ø Responding Company’s principal place of business is in the city of _______________________, State of __________
¨ Felony Conviction Notice
Ø Please Check Applicable Box;
A publically held corporation; therefore, this reporting requirement is not applicable.

Is not owned or operated by anyone who has been convicted of a felony.

Is owned or operated by the following individual(s) who has/have been convicted of a felony
Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.
¨ Distribution Channel
Ø Which best describes your company’s position in the distribution channel:

Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ ¨ Processing Information
Ø Provide company contact information for the following:
§ Sales Reports / Accounts Payable
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ American Somoa Northern Marina Islands
Federated States of Micronesia Puerto Rico
Guam U.S. Virgin Islands
Midway Islands

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§ Purchase Orders
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ § Sales and Marketing
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ ¨ Pricing Information
Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. § If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.

Yes No
Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.

Yes No
Ø Vendor will provide additional discounts for purchase of a guaranteed quantity.

Yes No
¨ Cooperatives
Ø List any other cooperative or state contracts currently held or in the process of securing.

Cooperative/State Agency Discount
Offered
Expires Annual Sales
Volume

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Tab 4 – Vendor Profile
Please provide the following information about your company:
¨ Company’s official registered name.
¨ Brief history of your company, including the year it was established. ¨ Company’s Dun & Bradstreet (D&B) number.
¨ Company’s organizational chart of those individuals that would be involved in the contract. ¨ Corporate office location.

Ø List the number of sales and services offices for states being bid in solicitation.

Ø List the names of key contacts at each with title, address, phone and e-mail address. ¨ Define your standard terms of payment.
¨ Who is your competition in the marketplace?
¨ Provide Annual Sales for last 3 years broken out into the following categories:

Ø Cities / Counties
Ø K-12
Ø Higher Education
Ø Other government agencies or nonprofit organizations
¨ What differentiates your company from competitors?
¨ Describe how your company will market this contract if awarded. ¨ Describe how you intend to introduce NCPA to your company. ¨ Describe your firm’s capabilities and functionality of your on-line catalog / ordering website. ¨ Is all work performed within the United States? Is work performed by employees, contractors or sub-contractors. Please indicate the percentage performed by each group. ¨ Indicate the level of certification and accreditation of you employees or contractor on the tools they use in the delivery of services.
¨ Where services are to be supplied – what are the choices of license model. Does the customer own the software license or the vendor? Is there a choice?

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¨ Who owns the security data artifacts and where are they held? What is the process of supplying the data to the customer at termination of services?
¨ Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.)
¨ Green Initiatives
Ø As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative. ¨ Vendor Certifications (if applicable)
Ø Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service.

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Tab 5 – Products and Services
¨ Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs.
¨ Offeror’s must be able to provide services the following pillars as adopted by the National Institute of Security Technology (NIST). https://www.nist.gov/cyberframework. Vendors who offer these services either individually or in a combination are qualified to respond to this solicitation. ¨ The following is a list of suggested (but not limited to) Cyber-Security Solutions, Malware, Ransomware Protection, Other Related Products and Services requirements. The successful respondent(s) will provide products and services that include, but are not limited to the following:
¨ Identify - Develop the organizational understanding to manage cybersecurity risk to systems, assets, data, and capabilities.

Ø Asset Management
Ø Asset Discovery
Ø Business Environment
Ø Governance
Ø Risk Management
Ø Risk Management Strategy
Ø Vulnerability Scanning and Management
Ø Supply Chain Risk Management
¨ Protect - Develop and implement the appropriate safeguards to ensure delivery of critical infrastructure services.

Ø Identity Management
Ø Authentication and Access Control
Ø Multi-factor Authentication (MFA)
Ø Awareness & Training
Ø Data Security
Ø Information Protection + Procedures
Ø Maintenance
Ø Protective Technology
¨ Detect - Develop and implement the appropriate activities to identify the occurrence of a cybersecurity event.

Ø Anomalies & Events
Ø Security Continuous Monitoring
Ø Detection Process
Ø Log and Event Correlation (SIEM)
Ø User Behavioral Analytics (SIEM)

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¨ Respond - Develop and implement the appropriate activities to take action regarding a detected cybersecurity event.

Ø Response Planning
Ø Data Enrichment
Ø Communication
Ø Analysis
Ø Mitigation
Ø Automated Response
Ø Improvements
Ø Recover - Develop and implement the appropriate activities to take action regarding a detected cybersecurity event.

Ø Recover Planning
Ø Forensic Investigation
Ø Findings Report
Ø Improvements
Ø Communications
IT Cybersecurity Products have 5 key capabilities:

1. Asset Management

2. Identity and Access Management

3. Network Security Management

4. Data Protection Management

5. Future Capabilities.

IT Cybersecurity Services includes a wide range of fields such as, risk management framework services, information assurance, virus detection, network management, situational awareness and incident response, secure web hosting, and backup, security services and, Security Operations Center (SOC) services.

Product Categories Suggested (but not limited to) for this RFP ¨ Hardware & On-Prem Software
Ø Cloud Security
Ø Hard Disk Drives
Ø Input Device Accessories
Ø Network Accessories
Ø Network Adapters & Cables
Ø Network Devices
Ø UTM (Firewall)
Ø Web App Firewall
Ø Anti-virus
Ø Anti-spam

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Ø URL Filtering (CIPA Compliance)
Ø ISD/IPS Systems
Ø Email Gateways
Ø Network Storage
Ø Power Accessories, Adapters, and Supplies
Ø Rack System and Accessories
Ø RAM Mods
Ø Repeaters/Transceivers
Ø Security Hardware and Software
Ø SSD (Solid State Drives)
Ø Storage Controllers
¨ Cloud Services
Ø Cloud Security
Ø Cloud-based SIEM Services
Ø Cloud-based Endpoint Protection (EPP/MDR)
Ø Internet/Commination Apps
Ø Web Application Firewall (WAF)
Ø Security Service and Support
Ø Cloud-based Vulnerability Scanner
Ø Security Software
¨ Other Services
Ø Security Audits
§ Data acquisition (1-off)
§ Per audit services
§ Risk Assessment audit - Internal exposure
§ Gap Assessments or Readiness Assessments against Security Framework Ø Professional Services
§ Installation services (list approved/qualified partners) § Migration Services (list approved/qualified partners) § Open-Source Integration (list approved/qualified partners) Ø Managed Services
§ Content Filtering Management
§ Data Aggregation Report Management
§ Managed Detect and Response Service (MDR)
§ Vulnerability Management as a Service
§ Security Information and Event Management (SIEM) as a Service § Identity and Access Management (IAM) as a Service
Ø Training Services
§ Professional Training and Development (IT Staff)
§ IT Product Training (list approved/qualified partners)

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Tab 6 – References
¨ Provide at least ten (10) customer references for products and/or services of similar scope dating within the past three (3) years. Please provide a range of references across all eligible government entity groups including K-12, higher education, city, county, or non-profit entities. ¨ All references should include the following information from the entity:

Ø Entity Name
Ø Contact Name and Title
Ø City and State
Ø Phone
Ø Years Serviced
Ø Description of Services
Ø Annual Volume

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Tab 7 – Pricing
¨ Please submit price list electronically via our online Bonfire portal (pricing can be submitted as Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item. ¨ Please include freight charges in the price list, or please explain the freight charges and other charges associated with your products and services.
¨ Pricing should clearly define all charges and savings offered to NCPA members through the resulting contract.
¨ Not To Exceed Pricing
Ø NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity.

Ø The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.

Ø NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.
¨ Warranty:

Ø Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.

Ø Availability of replacement parts
Ø Life expectancy of equipment under normal use
Ø Detailed information as to proposed return policy on all equipment Ø All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.

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Tab 8 – Value Added Products and Services
¨ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.

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Tab 9 – Required Documents
¨ Clean Air and Water Act / Debarment Notice
¨ Contractors Requirements
¨ Antitrust Certification Statements
¨ Required Clauses for Federal Funds Certifications
¨ Required Clauses for Federal Assistance by FTA
¨ State Notice Addendum

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Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.

I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations Potential Vendor
Print Name
Address
City, Sate, Zip
Authorized signature
Date

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Contractor Requirements
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.

Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.

Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to:
suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.

Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service.

Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.

The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.

Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran.

Authorized signature
Date

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Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Company name
Address
City/State/Zip
Telephone No.

Fax No.

Email address
Printed name
Position with company
Authorized signature

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Required Clauses for Federal Funds Certifications
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision

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for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the nonFederal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee

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of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

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Required Clauses for Federal Assistance provided by FTA

ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination.

FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11).

CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project.

Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective

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employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin. 4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.

Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicablerequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).

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2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract.

Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.

ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C.

Sections 6321 et seq. and 41 CFR Part 301-10.

FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions.

NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

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Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.

In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

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State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract.

For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/State_and_Territories.shtml https://www.usa.gov/local-governments

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