PROPOSAL FORM 4: CLEAN AIR WATER ACT
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.
Potential Vendor: Network Services Company
Title of Authorized Representative:_____________________________________________ Mailing Address: 1100 E. Woodfield Road, Suite 200 Schaumburg, IL 60173 Signature:
_________________________________________________________________ Daniel Ceko
Daniel Ceko
PROPOSAL FORM 5: DEBARMENT NOTICE
I, the Vendor, 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: Network Services Company
Title of Authorized Representative: Dan Ceko
Mailing Address: 1100 E. Woodfield Road, Suite 200 Schaumburg, IL 60173 Signature: _________________________________________________________________ Daniel Ceko
PROPOSAL FORM 6: LOBBYING CERTIFICATION
Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by Section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The undersigned certifies, to the best of his/her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub-recipients shall certify and disclose accordingly.
_______________________________
Signature of Respondent
_______________________________
Date
Daniel Ceko
June 22, 2022
PROPOSAL FORM 7: CONTRACTOR CERTIFICATION REQUIREMENTS 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 statutes of the states it 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 Respondent 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 Region 10 ESC Participating entities in which work is being performed.
__________________________________________________________________________ Fingerprint & Criminal 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 Respondent 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.
_________________________________________ ________________________________ Signature of Respondent Date
Daniel Ceko June 22, 2022
PROPOSAL FORM 8: 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 proposal, 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 proposal, 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 proposal 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.
VENDOR: Network Services Company
ADDRESS:
1100 E. Woodfield Road, Suite 200
Schaumburg, IL 60173
PHONE: 847-803-4888
FAX __________________________________
RESPONDANT
Signature
Printed Name
Position with Company
AUTHORIZING OFFICIAL
Signature
Printed Name
Position with Company
Jennifer Eichorn
Jennifer Cantore Eichorn
Proposals Manager
Daniel Ceko
Daniel Ceko
Treasurer and Legal Counsel
PROPOSAL FORM 9: IMPLEMENTATION OF HOUSE BILL 1295
Certificate of Interested Parties (Form 1295):
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code.
The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency.
The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016.
The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission’s website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill 1295.
Filing Process:
Staring on January 1, 2016, the commission will make available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract.
The governmental entity or state agency must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency.
Information regarding how to use the filing application will be available on this site starting on January 1, 2016. https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm Network Distribution has completed. See attachment.
PROPOSAL FORM 10: BOYCOTT CERTIFICATION AND TERRORIST STATE CERTIFICATION
BOYCOTT CERTIFICATION
Respondents must certify that during the term of any Agreement, it does not boycott Israel and will not boycott Israel. “Boycott” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.
Does vendor agree? ____________________________________ (Initials of Authorized Representative)
TERRORIST STATE CERTIFICATION
In accordance with Texas Government Code, Chapter 2252, Subchapter F, REGION 10 ESC is prohibited from entering into a contract with a company that is identified on a list prepared and maintained by the Texas Comptroller or the State Pension Review Board under Texas Government Code Sections 806.051, 807.051, or 2252.153. By execution of any agreement, the respondent certifies to REGION 10 ESC that it is not a listed company under any of those Texas Government Code provisions. Responders must voluntarily and knowingly acknowledge and agree that any agreement shall be null and void should facts arise leading the REGION 10 ESC to believe that the respondent was a listed company at the time of this procurement.
Does vendor agree? ____________________________________ (Initials of Authorized Representative)
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PROPOSAL FORM 11: RESIDENT CERTIFICATION
This Certification Section must be completed and submitted before a proposal can be awarded to your company. This information may be placed in an envelope labeled "Proprietary" and is not subject to public view.
In order for a proposal to be considered, the following information must be provided. Failure to complete may result in rejection of the proposal:
As defined by Texas House Bill 602, a "nonresident Bidder" means a Bidder whose principal place of business is not in Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in Texas.
Texas or Non-Texas Resident
I certify that my company is a "resident Bidder"
I certify that my company qualifies as a "nonresident Company Name Address
Bidder"
If you qualify as a "nonresident Bidder," you must furnish the following information:
What is your resident state? (The state your principal place of business is located.) Network Services Company
_____________________________________________________________________________________ 1100 E. Woodfield Road, Suite 200
Schaumburg, IL 60173
_____________________________________________________________________________________ City State Zip
X
PROPOSAL FORM 12: FEDERAL FUNDS CERIFICATION FORM
When a participating agency seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or “EDGAR” requirements). All Vendors submitting proposals must complete this Federal Funds Certification Form regarding Vendor’s willingness and ability to comply with certain requirements which may be applicable to specific participating agency purchases using federal grant funds. This completed form will be made available to participating agencies for their use while considering their purchasing options when using federal grant funds. Participating agencies may also require Vendors to enter into ancillary agreements, in addition to the contract’s general terms and conditions, to address the member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts.
For each of the items below, Vendor should certify Vendor’s agreement and ability to comply, where applicable, by having Vendor’s authorized representative complete and initial the applicable lines after each section and sign the acknowledgment at the end of this form. If a vendor fails to complete any item in this form, Region 10 ESC will consider the Vendor’s response to be that they are unable or unwilling to comply. A negative response to any of the items may, if applicable, impact the ability of a participating agency to purchase from the Vendor using federal funds.
1. Vendor Violation or Breach of Contract Terms:
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 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Any Contract award will be subject to Region 10 ESC General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, participating agency ancillary contract, or Member Construction Contract agreed upon by Vendor and the participating agency which must be consistent with and protect the participating agency at least to the same extent as the Region 10 ESC Terms and Conditions.
The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms.
Does vendor agree? ____________________________________ (Initials of Authorized Representative)
2. Termination for Cause or Convenience:
When a participating agency expends federal funds, the participating agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror in the event Offeror fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. participating agency also reserves the right to terminate the contract immediately, with written notice to offeror, for convenience, if participating agency believes, in its sole discretion that it is in the best DC
interest of participating agency to do so. Offeror will be compensated for work performed and accepted and goods accepted by participating agency as of the termination date if the contract is terminated for convenience of participating agency. Any award under this procurement process is not exclusive and participating agency reserves the right to purchase goods and services from other offerors when it is in participating agency’s best interest.
Does vendor agree? ____________________________________ (Initials of Authorized Representative)
3. Equal Employment Opportunity:
Except as otherwise provided under 41 CFR Part 60, all participating agency purchases or contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any participating agency purchase or contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision.
Does vendor agree? ____________________________________ (Initials of Authorized Representative)
4. Davis-Bacon Act:
When required by Federal program legislation, Vendor agrees that, for all participating agency prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week.
Current prevailing wage determinations issued by the Department of Labor are available at www.wdol.gov.
Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor’s acceptance of the wage determination.
Vendor further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or 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.
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Does vendor agree? ____________________________________ (Initials of Authorized Representative)
5. Contract Work Hours and Safety Standards Act:
Where applicable, for all participating agency contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Does vendor agree? ____________________________________ (Initials of Authorized Representative)
6. Right to Inventions Made Under a Contract or Agreement:
If the participating agency’s Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
Vendor agrees to comply with the above requirements when applicable.
Does vendor agree? ____________________________________ (Initials of Authorized Representative)
7. Clean Air Act and Federal Water Pollution Control Act:
Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended –Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act.
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(Initials of Authorized Representative)
8. Debarment and Suspension:
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all participating agencies with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Does vendor agree? ____________________________________ (Initials of Authorized Representative)
9. Byrd Anti-Lobbying Amendment:
Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).
Does vendor agree? ____________________________________ (Initials of Authorized Representative)
10. Procurement of Recovered Materials:
For participating agency purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a participating agency may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, DC
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and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
Does vendor agree? ____________________________________ (Initials of Authorized Representative)
11. Profit as a Separate Element of Price:
For purchases using federal funds in excess of $150,000, a participating agency may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a participating agency, Vendor agrees to provide information and negotiate with the participating agency regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the participating agency shall not exceed the awarded pricing, including any applicable discount, under Vendor’s Cooperative Contract.
Does vendor agree? ____________________________________ (Initials of Authorized Representative)
12. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Vendor agrees that recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system from companies described in Public Law 115-232, section 889. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country are also prohibited.
Does vendor agree? ____________________________________ (Initials of Authorized Representative)
13. General Compliance and Cooperation with Participating Agencies:
In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a participating agency, it shall make a good faith effort to work with participating agencies to provide such information and to satisfy such requirements as may apply to a particular participating agency purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements.
Does vendor agree? ____________________________________ (Initials of Authorized Representative)
14. Applicability to Subcontractors
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
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(Initials of Authorized Representative)
By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein.
Network Services Company
Company Name
____________________________________________
Signature of Authorized Company Official
____________________________________________
Printed Name
____________________________________________
Title
____________________________________________
Date
Daniel Ceko
Daniel Ceko
Treasurer and Legal Counsel
June 22, 2022
PROPOSAL FORM 13: ADDITIONAL ARIZONA CONTRACTOR REQUIREMENTS AZ Compliance with Federal and state requirements: Contractor agrees when working on any federally assisted projects with more than $2,000.00 in labor costs, to comply with all federal and state requirements, as well as Equal Opportunity Employment requirements and all other federal and state laws, statutes, etc. Contractor agrees to post wage rates at the work site and submit a copy of their payroll to the member for their files.
Contractor must retain records for three years to allow the federal grantor agency access to these records, upon demand. Contractor also agrees to comply with the Arizona Executive Order 75-5, as amended by Executive Order 99-4.
When working on contracts funded with Federal Grant monies, contractor additionally agrees to comply with the administrative requirements for grants, and cooperative agreements to state, local and federally recognized Indian Tribal Governments.
AZ Compliance with workforce requirements: Pursuant to ARS 41-4401, Contractor and subcontractor(s) warrant their compliance with all federal and state immigration laws and regulations that relate to their employees, and compliance with ARS 23-214 subsection A, which states, …”every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program” Region 10 ESC reserves the right to cancel or suspend the use of any contract for violations of immigration laws and regulations. Region 10 ESC and its members reserve the right to inspect the papers of any contractor or subcontract employee who works under this contract to ensure compliance with the warranty above.
AZ Contractor Employee Work Eligibility: By entering into this contract, contractor agrees and warrants compliance with A.R.S. 41-4401, A.R.S. 23-214, the Federal Immigration and Nationality Act (FINA), and all other Federal immigration laws and regulations. Region 10 ESC and/or Region 10 ESC members may request verification of compliance from any contractor or sub contractor performing work under this contract. Region 10 ESC and Region 10 ESC members reserve the right to confirm compliance. In the event that Region 10 ESC or Region 10 ESC members suspect or find that any contractor or subcontractor is not in compliance, Region 10 ESC may pursue any and all remedies allowed by law, including but not limited to suspension of work, termination of contract, suspension and/or debarment of the contractor. All cost associated with any legal action will be the responsibility of the contractor.
AZ Non-Compliance: All federally assisted contracts to members that exceed $10,000.00 may be terminated by the federal grantee for noncompliance by contractor. In projects that are not federally funded, Respondent must agree to meet any federal, state or local requirements as necessary. In addition, if compliance with the federal regulations increases the contract costs beyond the agreed on costs in this solicitation, the additional costs may only apply to the portion of the work paid by the federal grantee.
Registered Sex Offender Restrictions (Arizona): For work to be performed at an Arizona school, contractor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are present, or reasonably expected to be present.
Contractor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the Region 10 ESC member’s discretion. Contractor must identify any additional costs associated with compliance to this term. If no costs are specified, compliance with this term will be provided at no additional charge.
Offshore Performance of Work Prohibited: Due to security and identity protection concerns, direct services under this contract shall be performed within the borders of the United States.
Terrorism Country Divestments: In accordance with A.R.S. 35-392, Region 10 ESC and Region 10 ESC members are prohibited from purchasing from a company that is in violation of the Export Administration Act. By entering into the contract, contractor warrants compliance with the Export Administration Act.
The undersigned hereby accepts and agrees to comply with all statutory compliance and notice requirements listed in this document.
Signature of Respondent Date
Daniel Ceko June 22, 2022
PROPOSAL FORM 14: OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2) Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law), the Respondent shall complete the form attached to these specifications listing the persons owning 10 percent (10%) or more of the firm presenting the proposal.
Company Name:
Street:
City, State, Zip Code:
Complete as appropriate:
I _______________________________________ , certify that I am the sole owner of ____________________________________ , that there are no partners and the business is not incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply.
OR:
I _______________________________________ , a partner in ______________________________ , do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the individual partners owning 10% or greater interest in that partnership.
OR:
I _______________________________________ , an authorized representative of ______________________________ , a corporation, do hereby certify that the following is a list of the names and addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the individual partners owning a 10% or greater interest in that partnership. (Note: If there are no partners or stockholders owning 10% or more interest, indicate none.) Name Address Interest
I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.
_________________________________________ _____________________ Authorized Signature and Title Date
Network Services Company
1100 E Woodfield Road, Suite 200
Schaumburg, IL 60173
Daniel Ceko
Network Services Company
NONE
Daniel Ceko June 22, 2022
PROPOSAL FORM 15: NON-COLLUSION AFFIDAVIT
Company Name: Network Distribution
Street: 1100 E. Woodfield Road, Suite 200
City, State, Zip Code: Schaumburg IL 60173
State of New Jersey Illinois
County of _Cook _______________________
I, ____________________________ of the ___________________________ Name City
in the County of ____________________________, State of ___________________________________ of full age, being duly sworn according to law on my oath depose and say that:
I am the _____________________________ of the firm of _____________________________________ Title Company Name
the Respondent making the Proposal for the goods, services or public work specified under the Harrison Township Board of Education attached proposal, and that I executed the said proposal with full authority to do so; that said Respondent has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above proposal, and that all statements contained in said bid proposal and in this affidavit are true and correct, and made with full knowledge that the Harrison Township Board of Education relies upon the truth of the statements contained in said bid proposal and in the statements contained in this affidavit in awarding the contract for the said goods, services or public work.
I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by ______________________________________ _________________________________________ Company Name Authorized Signature & Title
Subscribed and sworn before me
this ______ day of ______________, 20____
__________________________________________
Notary Public of New Jersey
My commission expires , 20____
SEAL
Daniel Ceko Schaumburg
Cook Illinois
Treasurer and Legal Counsel Network Services Company
Network Services Company Daniel Ceko
PROPOSAL FORM 16: AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) Company Name: _________________________________________________________ Street: __________________________________________________________________ City, State, Zip Code: ______________________________________________________ Bid Proposal Certification:
Indicate below your compliance with New Jersey Affirmative Action regulations. Your proposal will be accepted even if you are not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met.
Required Affirmative Action Evidence:
Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal:
1. A photo copy of their Federal Letter of Affirmative Action Plan Approval _________ OR
2. A photo copy of their Certificate of Employee Information Report _________ OR
3. A complete Affirmative Action Employee Information Report (AA302) _________ Public Work – Over $50,000 Total Project Cost:
A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form _________ AA201-A upon receipt from the Harrison Township Board of Education B. Approved Federal or New Jersey Plan – certificate enclosed _________ I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief.
_______________________________________________________ _______________ Authorized Signature and Title Date
P.L. 1995, c. 127 (N.J.A.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, Network Services Company
1100 E. Woodfield Road, Suite 200
Schaumburg, IL 60173
x
Daniel Ceko 6-22-2022
national origin, ancestry, marital status, sex, affectional or sexual orientation. 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.
The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.
The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27).
________________________________________________
Signature of Procurement Agent
Daniel Ceko
PROPOSAL FORM 17: C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors.
What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information is available in Local Finance Notice 2006-1 (https://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html).
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure.
a) The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay-to-Play web site at
https://www.state.nj.us/dca/divisions/dlgs/programs/pay_2_play.html They will be updated from time-to-time as necessary.
b) A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists. c) Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county. These submissions are appropriate and should be accepted. d) The form may be used “as-is”, subject to edits as described herein. e) The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly.
f) The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document.
5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE:
This section is not applicable to Boards of Education.
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:
1. any State, county, or municipal committee of a political party
2. any legislative leadership committee*
3. any continuing political committee (a.k.a., political action committee)
4. any candidate committee of a candidate for, or holder of, an elective office:
1. of the public entity awarding the contract
2. of that county in which that public entity is located
3. of another public entity within that county
4. or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county. The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:
5. individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit
6. all principals, partners, officers, or directors of the business entity or their spouses
7. any subsidiaries directly or indirectly controlled by the business entity
8. IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs). When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law.
NOTE: This section does not apply to Board of Education contracts. * N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker
of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.” C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract.
Part I – Vendor Information
Vendor Name:
Address:
City: State: Zip:
____________________
Signature Title
Part II – Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit. Check here if disclosure is provided in electronic form.
Contributor Name Recipient Name Date Dollar Amount
$
Check here if the information is continued on subsequent page(s) Network Services Company
1100 E Woodfield Road, Suite 200
Schaumburg IL 60173
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.
_________________________ _ _____Daniel Ceko______________ Printed Name
NONE
___________________Daniel Ceko Treasurer and Legal Counsel
Continuation Page
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant To N.J.S.A. 19:44A-20.26
Page ___ of ______
Vendor Name:
Contributor Name Recipient Name Date Dollar Amount
$
Check here if the information is continued on subsequent page(s)
List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senator and two members of the General Assembly per district.
County:
Freeholders County Clerk Sheriff
{County Executive} Surrogate
Municipalities (Mayor and members of governing body, regardless of title):
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY- BASED, CUSTOMIZABLE FORM.
PROPOSAL FORM 18: STOCKHOLDER DISCLOSURE CERTIFICATION
Name of Business:
I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned.
OR
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability
Corporation
Limited Liability
Partnership
Subchapter S
Corporation
Sign and notarize the form below, and, if necessary, complete the stockholder list below.
Stockholders:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Name: Name:
Home Address: Home Address:
Subscribed and sworn before me this ___ day of
___________, 2 __.
(Notary Public)
My Commission expires:
_________________________________
(Affiant)
________________________________
(Print name & title of affiant)
(Corporate Seal)
X
X
Daniel Ceko, Treasurer and Corporate Counsel
Daniel Ceko
PROPOSAL FORM 19: GENERAL TERMS AND CONDITIONS ACCEPTANCE FORM Signature on the Vendor Contract Signature form certifies complete acceptance of the General Terms and Conditions in this solicitation, except as noted below (additional pages may be attached, if necessary).
Check one of the following responses to the General Terms and Conditions:
We take no exceptions/deviations to the general terms and conditions (Note: If none are listed below, it is understood that no exceptions/deviations are taken.) We take the following exceptions/deviations to the general terms and conditions. All exceptions/deviations must be clearly explained. Reference the corresponding general terms and conditions that you are taking exceptions/deviations to. Clearly state if you are adding additions terms and conditions to the general terms and conditions. Provide details on your exceptions/deviations below:
(Note: Unacceptable exceptions shall remove your proposal from consideration for award. Region 10 ESC shall be the sole judge on the acceptance of exceptions/deviations and the decision shall be final.) X
PROPOSAL FORM 20: EQUALIS GROUP ADMINISTRATION AGREEMENT Requirements for Master Agreement To be administered by Equalis Group Attachment A, Equalis Group Administrative Agreement is used in administering Master Agreements with Region 10 and is preferred by Equalis Group. Redlined copies of this agreement should not be submitted with the response. Should a respondent be recommende d for award, this agreement will be negotiated and executed between Equalis Group and the respondent. Respondents must select one of the following options for submitting their response.
Respondent agrees to all terms and conditions outlined in each of the Administration Agreement.
Respondent wishes to negotiate directly with Equalis Group on terms and conditions outlined in the Administration Agreement. Negotiations will commence after sealed Proposals are opened and Region 10 has determined the r espondent met all requirements in their response and may be eligible for award.
X
PROPOSAL FORM 21: OPEN RECORDS POLICY ACKNOWLEDGEMENT AND ACCEPTANCE
OPEN RECORDS POLICY ACKNOWLEDGMENT AND ACCEPTANCE
Be advised that all information and documents submitted will be subject to the Public Information Act requirements governed by Chapter 552 of the Texas Government Code.
Because contracts are awarded by a Texas governmental entity, all responses submitted are subject to release as public information after contracts are executed. If a Respondent believes that its response, or parts of its response, may be exempted from disclosure to the public, the Respondent must specify page -by-page and line-by-line the parts of the response, which it believes, are exempted from disclosure. In addition, the Respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Respondent must provide this information on the “Acknowledgement and Acceptance to Region 10 ESC’s Public Information Act Policy” form found on the next page of this solicitation. Any information that is unmarked will be considered public information and released, if requested under the Public Information Act.
The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 10 ESC must provide the OAG with the information requested in order for the OAG to render an opinion. In such circumstances, Respondent will be notified in writing that the material has been requested and delivered to the OAG. Respondent will have an opportunity to make arguments to the OAG in writing regarding the exception(s) to the TPIA that permit the information to be withheld from public disclosure. Respondents are advised that such arguments to the OAG must be specific and well-reasoned--vague and general claims to confidentiality by the Respondent are generally not acceptable to the OAG. Once the OAG opinion is received b y Region 10 ESC, Region 10 ESC must comply with the opinions of the OAG. Region 10 ESC assumes no responsibility for asserting legal arguments on behalf of any Respondent. Respondents 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.
After completion of award, these documents will be available for public inspection.
Signature below certifies complete acceptance of Region 10 ESC’s Open Records Policy, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the Acknowledgment and Acceptance of Region 10 ESC’s Open Records Policy below:
We acknowledge Region 10 ESC’s Public Information Act policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act. (Note: All information believed to be a trade secret or proprietary must be listed below. It is further understood that failure to identify such information, in strict accordance with the instructions below, will result in that information being considered public information and released, if requested under the Public Information Act.) We declare the following information to be a trade secret or proprietary and exempt from disclosure under the Public Information Act.
(Note: Respondent must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, Respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).
Date Authorized Signature & Title
X
6-22-2022 Daniel Ceko
PROPOSAL FORM 22: VENDOR CONTRACT AND 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 proposal in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said proposal 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. VENDORS MUST SUBMIT THIS FORM COMPLETED AND SIGNED WITH THEIR RESPONSE TO BE CONSIDERED Fax No. Email address Printed name Position with company Authorized signature Term of contract September 1, 2022 to August 31, 2025 Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew annually for an additional two (2) years if agreed to by Region 10 ESC. Vendor shall honor all administrative fees for any sales made based on the contract whether renewed or not. Region 10 ESC Authorized Agent Date Print Name Equalis Group Contract Number __________ Company name Address City/State/Zip Telephone No.
Controlling
Name of Interested Party4 Nature of interest
City, State, Country (place of business)
Intermediary
(check applicable)
CERTIFICATE OF INTERESTED PARTIES 1295FORM
1 of 1
1 OFFICE USE ONLY
2 10/15/2018
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
Name of business entity filing form, and the city, state and country of the business entity's place of business.
NETWORK Services Company
Schaumburg, IL United States
Name of governmental entity or state agency that is a party to the contract for which the form is being filed.
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 Harris County
Janitorial products
AS-FA-607
2018-414412
10/15/2018
Date Filed:
Date Acknowledged:
Certificate Number:
CERTIFICATION OF FILING
6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________,
UNSWORN DECLARATION
Check only if there is NO Interested Party.5
X
My address is _______________________________________________, _______________________, and my date of birth is _______________________.
Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street) (state) (zip code) (country)
(year)(month)
_______, ______________, _________.
State of ________________, on the _____day of ___________, 20_____. (city)
(Declarant)
Version V1.0.6711www.ethics.state.tx.usForms provided by Texas Ethics Commission CONTRACT #: PRC003294
CONTRACT NAME: Janitorial Supplies and Equipment (Citywide) AGREEMENT TERM: Through 11/16/2025.
AUTHORIZED RENEWALS: City may choose to renew if the cooperative contract is renewed
LEAD AGENCY & SOURCING EVENT: Sourcewell RFP #101320
DEPARTMENT: Finance
DIVISION: Procurement
CITY OF SACRAMENTO
ADDITIONAL TERMS AND CONDITIONS
COOPERATIVE PURCHASE AGREEMENT
T
he City of Sacramento ("City") and STAPLES, INC. ("Contractor"), hereby agree to these Additional Terms and Conditions (“Additional Terms”), effective January 1, 2025.
WHEREAS, Contractor entered into Contract No. 101320- SCC for janitorial supplies and equipment with SOURCEWELL, dated 2/1/2021 (“Cooperative Contract”), in which Contractor agreed to sell JANITORIAL SUPPLIES AND EQUIPMENT to governmental agencies that are members of SOURCEWELL ’S Cooperative Purchasing Program (“Participating Public Agencies”); and
WHEREAS, the City wishes to purchase janitorial supplies and equipment, pursuant to the terms of the Cooperative Contract and these Additional Terms.
N
OW THEREFORE, Contractor and the City agree as follows:
1. The City shall have all the same rights and obligations as SOURCEWELL under the Cooperative Contract. The terms of the Cooperative Contract shall apply to purchase orders and shall control over any contrary terms included in quotations or purchase orders.
2. Contractor agrees that in-stock supplies or equipment shall be delivered to the City no later than One (1) day after receipt of the order. Contractor will notify the City Buyer in writing if supplies or equipment that they are ordering are not in stock and will give a written estimate of the price, including shipping charges, and the anticipated delivery date to the City.
3. Contractor warrants and represents that the person or persons executing this Agreement on behalf of Contractor has or have been duly authorized by Contractor to sign this contract supplement and bind Contractor to the terms hereof.
4. Except as specifically modified herein, all terms and conditions of the Cooperative Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Agreement, as supplemented and modified by these Additional Terms.
Attachment 5 to Staff Report 2024-01927
101320-SCC
Rev. 2/2020 1
Solicitation Number: 101320
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Staples Contract & Commercial LLC, 500 Staples Drive, Framingham, MA 01702 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective February 1, 2021.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 16, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 16 surv ive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in
101320-SCC
Rev. 2/2020 2
Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Products and installation thereof will conform to specifications as stated in manufacturer documentation. Vendor will pass through all manufacturers’ warranties to Participating Entity (copies of such manufacturer warranties provided upon request). Vendor warrants that all Products branded TRU RED, Perk, NXT Technologies, Union & Scale, or Coastwide Professional are: (1) merchantable; (2) of good quality and workmanship; (3) free from defects, latent or patent, in material, design, and workmanship for whichever period is shorter, either (a) one year from the date of purchase, or (b) as otherwise specified on the packaging of the Products; (4) fit, sufficient and safe for their intended purpose and for the particular purpose for which they were designed; and (5) in conformity with Vendor’s samples, if any. Vendor warrants that for a period of one year from performance, installation and assembly Services will meet or exceed generally accepted standards in the industry and will meet any required specifications mutually agreed upon by Vendor and Participating Entity.
Additional warranties applicable to specific product categories if any are set forth in Vendor’s proposal.
THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. VENDOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS . Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
Vendor may utilize certain company affiliates under the Staples, Inc. umbrella to serve as authorized dealers and distributors under the Contract. Any sales by such affiliates pursuant to the Contract would be reflected in a written agreement between such affiliate, Staples and Sourcewell Participating Entity with reference made to the Contract.
101320-SCC
Rev. 2/2020 3
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Vendor will use commercially reasonable efforts to ship Products ordered by Participating Entities before 4:00 p.m. local time within one (1) business day after acceptance of a Purchase Order, except for backordered, special-order, or out of stock Products. If a Product is backordered or shipment is delayed for any reason, Participating Entity will be notified of a delay and Vendor will deliver the delayed Product as promptly as commercially practicable.
Vendor will treat delayed orders as active until Participating Entity contacts Vendor and provides other instructions. Vendor’s standard shipments will be F.O.B. Participating Entity location in the forty-eight (48) contiguous United States. Additional charges may apply for desk- top delivery, special delivery, non-standard delivery, rush delivery, or special or custom order products or as noted on Vendor’s e-commerce platform. Title and risk of loss for the Products will pass to Participating Entity at the time the Products are delivered to Participating Entity.
Eligible products purchased online and picked up at a Vendor retail location will be available for
101320-SCC
Rev. 2/2020 4
pick up two hours after approval, charged at time of pick up, and cancelled if not picked up after five (5) days. Sales tax will be calculated based upon order pick up location. Participating Entity’s invoice may not separately designate these items as “in-store pick up.” Certain items may incur an additional charge (typically furniture items) which will be invoiced to the Participating Entity, if applicable. Unless otherwise agreed by Vendor and a Participating Entity, all orders shall be subject to a minimum order size of 35.00 per order. If an order below this amount is placed, the Participating Entity will be informed it cannot be processed.
The following will apply for shipments to Alaska or Hawaii: Shipments up to 159lbs. are shipped UPS 2nd Day Air. Shipments over 159lbs. or items which cannot be shipped via UPS (e.g. items classified as hazmat and/or ORM-D) are shipped ocean freight. Vendor will not ship any fully regulated hazmat items which are shipped directly from the vendor. Ocean shipments are delivered approximately fourteen (14) days from shipment. All shipments to Alaska or Hawaii may be subject to a 25% surcharge.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.
Core List. The “Core List” represents net priced items which are inclusive of those products predicted to be the most commonly used products by Sourcewell and its Participating Entities. Prices for Core List items provided under this contract are set forth in Exhibit 1 - Sourcewell Janitorial Core Item List.
The prices for Core List Items, excluding Premium Products, may be updated biannually on August 1st and February 1st of each year during the term that this contract in effect.
Staples may request a price change adjustment for Core List items by submitting a price change addendum to Sourcewell thirty (30) days prior to August 1st and February 1st to reflect changes in stock availability, market conditions, buying expense, tariffs, and other factors that affect the overall cost of such items.
The prices for Premium Products may be updated upon 30 days’ written notification.
Manufacturer’s documentation will be provided when available. Premium Products are defined as janitorial paper, towel, tissue, paper-related items, petroleum-, resin-, and steel-based products, custom products, and seasonal products that Participating Entities purchase from Staples.
Extraordinary Market Events. Staples reserves the right to reasonably adjust a Core Item’s price if extraordinary market events require immediate adjustment (e.g., shortages, trade disputes, natural disasters, etc.) and to adjust pricing with the impact of tariffs, customs, or duties imposed on products. Any such adjustments shall be noticed to Sourcewell with thirty (30) days prior written notice accompanied by supporting documentation. Staples will work with Sourcewell and affected Participating Entities to identify alternative products to mitigate the impact of the foregoing where possible. Staples also reserves the right to impose order quantity limits on Core Items in the event supply is limited due to shortages or supply constraints caused by extraordinary market events.
Updated Items. For purposes of contract management, Staples may provide to Sourcewell an updated report which shall identify the SKU numbers and prices for product price changes, new items that Staples and Sourcewell have added, as well as SKU numbers for items that have been removed from the Core List. Staples may from time to time propose
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substitutions to Core Items. Sourcewell agrees that it will not unreasonably withhold its consent.
Custom Pricing; Rebates & Incentives; Other Terms. Staples may offer additional pricing discounts, rebates and/or incentives to an individual participating Entity based upon commitments and variables that may include, but not limited to Participating Entity size and scope, geography, purchase volume, guarantees, logistical expenses, manufacturer support, specific product usage and other contractual terms/requirements. Participating Entities receiving custom pricing or incentives may be required to sign a Participation Agreement with Staples.
Non-Core Items. The prices for Non-Core Items shall appear on StaplesAdvantage.com and shall be adjusted to reflect changes in stock availability, market conditions, buying expense, and other factors that affect the overall cost of the Non-Core Items.
Notwithstanding anything to the contrary, Non-Core Items are not subject to customer audit or any pricing guarantee nor shall Non-Core Items be subject to the Change Request process.
Sourced Goods. Participating Entities may request certain goods that are non-stock or custom in nature. The prices for Sourced Goods shall be those prices that appear on the ordering platform at time of order, or as otherwise established between Staples and the applicable participating Entity at the time the order is placed. Sourced Goods may include additional delivery or handling charges that would be the responsibility of the ordering Participating Entity.
Pricing Exhibit. See pricing Exhibit 1 - Sourcewell Janitorial Core Item List for pricing details.
Diversity One Program. Staples reserves the right to implement a pricing upcharge when setting up a Diversity One program for any Participating Entity to reflect the additional cost of the diversity supplier’s program.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative cont racts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating
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Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
Notwithstanding anything to the contrary, a Participating Entity’s participation hereunder, including for the avoidance of doubt, and extension of credit hereunder, is contingent upon Participating Entity’s satisfaction of Vendor’s standard credit requirements. Vendor also reserve the right to refuse sales of Products to Participating Entities reselling such Products. To the extent a Participating Entity has a pre-existing separate agreement with Vendor, Vendor reserves the right not to sell products and services under multiple agreements to that Participating Entity. In addition, Vendor may terminate this Contract for any reason (i.e. for convenience) with respect to an individual Participating Entity by delivering not less than ninety (90) days prior written notice thereof to Sourcewell and the applicable Participating Entity.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contract ed Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.
Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICI PATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating
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Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. PERFORMANCE BOND. If requested by a Pa rticipating Entity, Vendor will provide a performance bond that meets the requirements set forth in the Participating Entity’s order.
D. SPECIALIZED SERVICE REQUIREM ENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
E. TERMINATION OF ORDERS. Participating Entiti es may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive fundi ng or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.
Vendor reserves the right to terminate a purchase order pursuant to which a Participating Entity requests or demands services to be performed not enumerated by the terms of this Contract.
F. GOVERNING LAW AND VENUE. The governing la w and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor w ill assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for th e support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than 45 calendar days after the end of each calendar quarter.
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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
The administrative fee referenced in this Section shall be calculated as a percentage of Net Sales (defined below) as follows:
Unless otherwise mutually agreed to in writing by Sourcewell and Staples, and except as stated below, Staples will pay Sourcewell an administrative fee of one and half percent (1.5%) of the Participating Entity’s aggregate Net Sales during each calendar quarter, which have been timely paid, to be paid within forty five (45) days after the end of each calendar quarter. An exception to the above 1.5% admin fee would be that Staples will pay Sourcewell administrative fee of
0.25% for participating Entities’ aggregate Net Sales of Flooring Equipment. Flooring Equipment is defined as floor and street machines, including but not limited to scrubbers, sweepers, burnishers and vacuums.
Net Sales. Net Sales will be defined as the gross sales price of the applicable products sold pursuant to this Contract, less shipping costs (including freight charges and insurance), taxes, duties, any rebates actually paid, discounts and allowances actually taken, rejections and returns to the extent credit is given or paid, and also excluding purchases made via staples.com, or any Staples retail channel.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
This Section shall not apply to Vendor’s delivery, installation, design, repair, or refurbishment obligations hereunder, which Vendor may subcontract to reasonably qualified third parties.
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B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any pr ovision of this Contract, that failure does not waive the provision or the right to enforce it.
D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.
E. RELATIONSHIP OF THE PARTIES. The relation ship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.
Neither party nor its officers, directors, employees or affiliates shall be liable to the other for any special, indirect, incidental, consequential, punitive or exemplary damages, including, but not limited to, lost profits, business interruption, loss of data or cost of cover, even if the party alleged to be liable has knowledge of the possibility of such damages. The limitations set forth in this Section shall not apply to or in any way limit liabilities arising from a party’s gross negligence or willful misconduct, or from the confidentiality or indemnification obligations of that party.
12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. Any audit requests shall be made with thirty (30) days advance written notice and shall be conducted during normal business hours and Vendor’s corporate offices. If a third-party consultant or auditor is used Vendor may require the execution of a confidentiality agreement prior to receiving access to any records.
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13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
14. INDEMNIFICATION
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.
15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
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b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regard ing the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
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18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Cont ract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
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20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, products- completed operations including construction defect, contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage overEmployer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
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5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Upon commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by an authorized representative. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Vendor.
Upon request, Vendor must provide to Sourcewell copies of applicable endorsements, within 10 days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance maintained by the additional insureds. Notwithstanding the minimum limits of coverages set forth herein, Vendor shall name Sourcewell and its Participating Entities, including their officers, agents, and employees as an additional insured for the full limits of insurance coverage, including but not limited to any excess policy coverage, purchased by Vendor.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
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insureds for losses paid under the insurance policies required by this Contract. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required insurance maintained by the Vendor.
E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).
F.
21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Pr oducts, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid an d current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.
22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
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The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 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 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. 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 C.F.R. § 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 C.F.R. § 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. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
C. 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 C.F.R. § 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
101320-SCC
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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. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 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 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require 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). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 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 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDE D (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any
101320-SCC
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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. Vendors must 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. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must 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.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To th e extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
101320-SCC
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24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. In addition, Vendor may terminate this Contract for any reason (i.e., for convenience) with respect to an individual Participating Entity by delivering not less than ninety (90) days prior written notice thereof to Sourcewell and the applicable Participating Entity.
Sourcewell Staples Co ntract & Commercial LLC
By: __________________________ By: __________________________ Jeremy Schwartz Joanne Harris
Title: Director of Operations &
Procurement/CPO
Title: Chief Commercial Officer Staples
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Bid Number: RFP 101320 Vendor Name: Staples Contract & Commercial LLC
Rev. 7/2022 1
CONTRACT EXTENSION Contract Number: Sourcewell and 202 12th Street NortheastP.O. Box 219Staples, MN 56479 (Sourcewell) (Vendor)have entered into Contract Number: 110719-for the procurement of: The Contract has an expiration date of Decemb r, but the parties may extend the Contract by mutual consent.Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date ofDece mber ,. All other terms and conditions of the Contractremain in full force and effect.
Sourcewell________________________________Authorized Signature________________________________Name________________________________Title________________________________Date ________________________________Authorized Signature________________________________Name________________________________Title________________________________Date
Q25061521002 JANITORIAL SUPPLIES RFQ
| 1
The City of
Sacramento
Q25061521002 JANITORIAL SUPPLIES RFQ OCTOBER 17, 2024
Q25061521002 JANITORIAL SUPPLIES RFQ
| 2
Cover Letter
October 17, 2024
Gary O’Neill
City of Sacramento
Finance Department
Procurement Division
Dear Mr. O'Neill,
The City of Sacramento (the City) is looking for a supply partner to drive cost savings and efficiencies throughout your procurement process. At Staples, we are dedicated to helping organizations get more done every day. That’s why Staples makes finding, buying and delivering the right products and solutions faster and easier.
Staples is proposing our competitively awarded Sourcewell Janitorial Supplies program in response to this proposal. The Sourcewell–Staples cooperative purchase agreement is designed to provide office supplies, school supplies, facility supplies, office furniture and classroom furniture solutions at competitively bid pricing to educational institutions and local government entities.
Benefits of our solution include:
▪ Cost savings through our competitively bid contract pricing on multiple product categories. ▪ Fast delivery with most items delivered next day via our reliable, professional delivery team. ▪ Support from an Account Management team you can count on, dedicated to providing insights and program recommendations.
▪ Easy online ordering with self-service options, budget controls, approval flows, product comparisons and reporting. ▪ Streamlined support with everything you need under one account, you benefit from simplified invoicing and administration processes.
Staples is pleased to submit our response to this RFP. Pricing offered hereunder is valid for 60 days from October 17, 2024.
Should an award not be made in that time, Staples reserves the right to adjust pricing based on any changes to manufacturer pricing during this period.
Staples’ proposal is based on the understanding that the terms and conditions of the national Sourcewell Janitorial Supplies Contract #101320-SCC would govern in lieu of the terms and conditions included in this RFP. Any terms, conditions, or covenants beyond those set forth in the national Sourcewell contract are subject to further discussion and good faith negotiations between the parties if Staples is awarded this RFP. More information can be found at: https://www.sourcewell- mn.gov/.
As you will see from our proposal, we have customized a program that meets your expectations for product selection, process efficiency and competitive pricing. This tailored program will provide you both quality service and continued value.
We welcome the opportunity for further discussion.
Sincerely,
Brandon Kavrell
Key Account Executive, Public Sector
(916) 419-7813
[email protected]
Michael Fournier
Key Account Executive, Facility Solutions
(916) 764-6676
[email protected]
Q25061521002 JANITORIAL SUPPLIES RFQ
| 3
Value Add for the City of Sacramento
Order Portal and Reporting Information
At StaplesAdvantage.com, you can do more than order the products you need. Our site is fully customizable to your unique needs. StaplesAdvantage.com provides easy online ordering, the ability to set spend limits, approval flows and charge orders to multiple departments plus transactional details to easily reconcile orders. Order management is easy with shopping lists for fast reordering, order tracking, delivery notifications, free returns, reporting and online bill pay. And, we have experience integrating with more than 150 third-party purchasing platforms.
With more than 400,000 products available, finding what you need is easy with StaplesAdvantage.com.
Easy Ordering Tools
StaplesAdvantage.com provides features and functionalities to streamline your ordering process while minimizing time spent on purchasing the items your organization needs to succeed. Key features include:
▪ Increased Login Security – Website generated welcome email contains a password set up link for customers to create their unique password for enhanced security. ▪ Easy Search & Navigation – New header design for effortless navigation and approvals, orders and shopping lists displayed on the home page for easy access. Search by keyword or item number for a summary of categories and top-ranking items that match your criteria. Narrow results by category, brand or your previously purchased items. Advanced search with auto-suggest terms to find what you want fast and the ability to add to your cart from search to save time. ▪ Product Comparisons – Compare up to four products at time to make an informed selection and read product reviews.
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▪ Shopping Lists – Create and save lists of frequently ordered or preferred contract items for faster reordering while maintaining program compliance. Easily add new items to a shopping list by clicking on the Add to List icon on product tiles and pages.
▪ Order Status & Tracking – View details on all orders placed in the past 24 months, track your orders and view proof of delivery.
▪ Hassle-Free Online Returns – Process returns by clicking Return an Item from the Order History page. ▪ Ink & Toner Finder – Search by brand, model or cartridge number. Our enhanced ink and toner finder also includes past purchases and allows you to save printer information. Or choose from a range of free recycling options by clicking under the Help Center.
▪ Frequently Purchased – View and reorder items ready for replenishment by clicking on Frequently Purchased under the Lists icon. Frequently purchased items now include a list of products purchased over a two-year timeframe. All order management essentials are available in order history: order search, details, tracking and returns, with up to two years of history. ▪ Easy Savings Alternative – Easy savings alternative products are presented on the product page and at checkout if a like item with a lower price is available. ▪ Customizable Print Products – Personalize business cards, greeting cards, rubber stamps, nameplates and more using your own design or standard templates the City uses. ▪ Robust Help Center – The StaplesAdvantage.com Help Center enables customers to search help topics, manage their account, track or return orders, contact customer service, view or print their packing slip, get pre-paid address labels to recycle ink and toner and more.
Online Procurement Controls
The City can achieve greater control over your purchasing with StaplesAdvantage.com, whether integrated with your existing e-procurement systems or on its own. We offer:
▪ User & Location Management – Easily add new users, supervisors and account administrators and remove, modify or add shipping locations.
▪ Account Maintenance – Authorized profiles can add, modify and delete users, shipping locations, budget centers and PO/PO Releases.
▪ Budget & Approval Controls – Establish spending limits and approval routing to track account expenditures by user and department.
▪ Customization Features – Customize your platform with special instructions and messages to keep users in program compliance.
Mobile Capabilities
The City’s employees can order products, track shipments and access their accounts on their tablets or smartphones using our mobile app. Available for Android and Apple devices, features of the Staples Advantage mobile app include:
▪ Full account information, including recent orders, orders pending approval and custom deals ▪ Scan-to-order functionality
▪ Search, browse and order on the go
▪ One-touch order approvals
▪ Shopping lists for quick replenishment
▪ Ink & Toner Finder
▪ Quick Order entry
▪ Filterable search results
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▪ Order status and package tracking
▪ Integration with StaplesAdvantage.com
▪ Secure Remember Me feature for login convenience
Scalability
If the City has a surge in new hires, your Staples team is ready. StaplesAdvantage.com is fully scalable to meet your changing needs. We have the infrastructure in place to handle the ordering needs of additional users without affecting website performance. We analyze site capacity levels and plan for additional volume months in advance.
We conduct stress tests regularly to ensure optimum site performance and site speeds.
Reports Available
We understand how critical it is for the City to have comprehensive reporting. Through your partnership with Staples, you gain on-demand access to detailed reports covering your activity, from top items purchased down to user-level transactions. Our extensive reporting is one of our market differentiators, both in terms of its scope and in the detail of the information we provide. Our ordering, invoicing and reporting systems operate on one national platform, so you can be sure that the reports we provide are accurate and consistent for all your locations.
Staples Reporting Benefits
Detailed Insight
Our reports give you a complete view of your spend from individual purchasers to overall spend across all your departments, budget centers and locations.
Accessibility & Control
From online to email, Excel to PDF, our reports are accessible through a variety of methods and formats. Plus, we can provide reports in formats to import to your own data systems.
Timely Information
We can deliver reports on demand or at predetermined intervals. Since our standard reporting suite is so robust, we can fulfill most one-off customer reporting requests within two business days.
Data-Driven Results
We can report on everything from product usage to service levels. With these tools and resources, your Account Management team can help you identify procurement trends, isolate savings opportunities and make informed purchasing decisions.
Transaction Reports
Transaction reports allow the City to track product usage organization-wide and drill down by facility, department, office or individual, so you can find area-specific opportunities for increased savings and efficiency. Usage reports also allow you to detail purchases of recycled items or those from minority vend ors, giving you clear metrics to support your corporate responsibility initiatives.
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These reports detail the following:
▪ Manufacturer
▪ Order method
▪ Payment method
▪ Product category
▪ Contract versus non-contract items
▪ Recycled and environmentally preferable products
▪ MWBE products
Value-Add Reports
Staples captures data on countless aspects of your program, allowing us to produce reports that give your procurement team more control and add value. For example, we can provide value -add reporting on:
▪ Spend by Ship-to – This report provides category spend for each ship-to revealing locations not utilizing the program.
▪ Order History Summary – This report shows completed orders and credits over a given time period. ▪ Assortment Changes – This report provides visibility to changes in your assortment, providing six months of usage for discontinued SKUs and their replacement, when applicable. ▪ Small Orders – This report is used to identify small orders under a set dollar amount ($35, $50, $75) and how the order was placed.
▪ Top Items – This report identifies top items purchased by quantity and sales. ▪ Easy Savings Alternatives – If the account is set up for Easy Savings Program, this report shows if you if users selected the alternate item when offered.
Sample Top Items Report
Service Reports
Staples can provide a variety of reports to provide transparency on the service we provide the City. These reports include detail and summary level information on unshipped orders, backorders, cancelled orders and returns and credits.
Our Customer Report Card is our standard service level report providing the City with statistical information to track Staples’ performance and service levels. This report provides the following:
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▪ Spend breakdown by contract versus non-contract items ▪ Service charges
▪ Fill rate
▪ Cycle times
▪ Backorders and orders shipped complete
▪ Returns, credits and debits
▪ Average order information and summary by size
Online Reports
Designated end users can easily access several reports on StaplesAdvantage.com.
▪ User Reports – Provides information, including approval hierarchy, ordering limits and assigned ship-to or budget center.
▪ Spending Reports – View purchase summaries by budget center, bill-to, ship-to or individual for up to 24 months, including details on ordering method, order totals, number of orders and average order size. ▪ Budget Reports – Monitor the variances between spend versus budget.
Sample Spending Report Criteria
With StaplesAdvantage.com spending reports, you can customize report criteria and download up to two years of spending data t o monitor trends, identify consolidation opportunities and track user ordering habits.
Eco -Responsible Product Assortment
Our extensive assortment of more than 20,000 eco-responsible products includes Green Seal-certified cleaners, Organic-certified coffees, recycled and Forest Stewardship Council (FSC)-certified copy papers, refillable and non-toxic certified writing instruments, LEVEL-certified sustainable furniture, high yield and remanufactured toners, compostable breakroom products, ENERGY STAR electronics and much more. The City has easy access to eco-preferable products with StaplesAdvantage.com, through our system of e nvironmental icons and robust search and filtering capabilities. Products meeting leading environmental standards are identified with our Eco -ID check mark icon in all search results.
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We help your employees to support the City’s sustainability initiatives with intuitive search features, comprehensive environmental filters and an environmental icon system.
Our eco-conscious product selection includes:
▪ Healthier and safer cleaning products, including hundreds of items that meet EPA Safer Choice, Green Seal and UL EcoLogo certification standards for greener chemistry. ▪ More than 3,900 post-consumer recycled paper products and 1,000 FSC-certified paper items spanning everything from copy paper to notepads and janitorial papers. ▪ Eco-friendly breakroom supplies, from certified compostable cups, plates, cutlery and food containers to USDA Organic and Fair Trade-certified coffees and teas. ▪ Furniture and office panel systems that meet BIFMA level™ certification and/or are made with post- consumer recycled materials and certified for promoting safer indoor air quality. ▪ Pens, scissors, binders and other business essentials containing post-consumer recycled materials. ▪ A wide selection of ENERGY STAR-qualified and EPEAT-registered technology from leading brands. ▪ High yield and remanufactured ink and toner cartridges.
Help The City Meet Its Sustainability Goals
Not only does Staples offer a large assortment of eco-responsible products, we also provide comprehensive environmental reporting, recycling and waste reduction programs and a partner committed to sustainability. Our dedicated sustainability experts will design a program tailored to your goals, and our Marketing personnel will help promote it to your employees.
Our sustainability programs can help the City:
▪ Procure a high percentage of eco-responsible products that also meet your budget ▪ Easily find eco-friendly products with our eco icons, search and environmental filters ▪ Track your green procurement progress with our industry-leading environmental reporting ▪ Institute safe and effective green cleaning and maintenance solutions to support a healthy, productive workplace
▪ Create healthier breakrooms with natural and organic foods and drinks ▪ Purchase sustainable furnishings that meet LEED and other green building standards and ▪ Identify and source more sustainable promotional products ▪ Optimize and green your technology infrastructure through Managed Print Services and energy efficient and EPEAT-qualified technology
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▪ Implement recycling programs for hard -to-recycle items like electronics, batteries, toner and several other waste streams
▪ Decrease order packaging waste with our SmartSize™ packaging technology and small order consolidation programs
▪ Increase employee awareness and acceptance of your sustainability programs through web site customizations and educational program offerings that help shift behavior to more sustainable practices Visit StaplesAdvantage.com/learn/sustainable-focus to discover more about Staples’ green product selection, recycling services, print programs, ways to green your office and our goals and initiatives.
Proposed Pro duct Recycled Content Inf ormation
Description
Min
Sell
Uom
Qty
in
Sell
Uom
Unit
Factor
(Staples
vs
Cust)
Recycled
BASELINE™ Hardwound Paper Towels, 1-ply, 800 ft./Roll, 6 Rolls/Carton (BL55583) CT 6 1 Y Lower than
Coastwide
Baseline™ Recycled Toilet Paper, 2-ply, White, 500 Sheets/Roll, 96 Rolls/Case (BL55236) CT 96 1 Y Lower than
Coastwide
Coastwide Professional™ Toilet Seat Covers, 0.87" x 10.43", 250/Pack, 20 Packs/Carton (CW24775) CT 5000 1 1
Baseline™ Recycled Multifold Paper Towels, 1-ply, 250 Sheets/Pack, 4000/Carton (BL62593) CT 4000 1 Y Lower than
Coastwide
Baseline™ Recycled Multifold Paper Towels, 1-ply, 250 Sheets/Pack, 4000/Carton (BL55559) CT 4000 1 Y Lower than
Coastwide
Coastwide Professional™ Lotion Hand Soap Refill, Light Floral Scent, 1 Gal., 4/Carton (CW154RU01-ACT) CT 4 1 1
Coastwide Professional™ 50-56 Gallon Industrial Trash Bag, 43" x 47", Low Density, 1.8 mil, Black, 100 Bags/Box (CW18209) CT 100 1 Y 5.51% less than Coastwide
Coastwide Professional™ 30-33 Gallon Industrial Trash Bag, 33" x 39", Low Density, 1.5 mil, Black, 4 Rolls (CW25530) CT 100 1 Y 5.66% less than Coastrwide
Ansell Sol-Vex Unsupported Nitrile Gloves, Flock Lined, Straight Cuff, Size 9, Green, 12 Pair/Box (37-175-9) PK 12 1 1
Simple Green Original All-Purpose Cleaner, Lemon, 24 oz., 12/Carton (SMP14002CT) CT 12 1 1
CONTRACT #: PRC003295
CONTRACT NAME: Janitorial Supplies and Equipment (Citywide) AGREEMENT TERM: Through 6/26/2026.
AUTHORIZED RENEWALS: City may choose to renew if the cooperative contract is renewed
LEAD AGENCY & SOURCING EVENT: Keystone Purchasing Network #KPN-202007-02 DEPARTMENT: Finance
DIVISION: Procurement
CITY OF SACRAMENTO
ADDITIONAL TERMS AND CONDITIONS
COOPERATIVE PURCHASE AGREEMENT
Th
e City of Sacramento ("City") and VERITIV OPERATING COMPANY ("Contractor"), hereby agree to these Additional Terms and Conditions (“Additional Terms”), effective January 1, 2025.
WHEREAS, Contractor entered into Contract No. KPN -202007-02A for janitorial supplies and equipment with KEYSTONE PURCHASING NETWORK , dated 6/22/2020 (“Cooperative Contract”), in which Contractor agreed to sell JANITORIAL SUPPLIES AND EQUIPMENT to governmental agencies that are members of KEYSTONE PURCHASING NETWORK’S Cooperative Purchasing Program (“Participating Public Agencies”); and WHEREAS, the City wishes to purchase janitorial supplies and equipment, pursuant to the terms of the Cooperative Contract and these Additional Terms.
NOW
THEREFORE, Contractor and the City agree as follows:
1. The City shall have all the same rights and obligations as KEYSTONE PURCHASING NETWORK under the Cooperative Contract. The terms of the Cooperative Contract shall apply to purchase orders and shall control over any contrary terms included in quotations or purchase orders.
2. Contractor agrees that in-stock supplies or equipment shall be delivered to the City no later than One (1) day after receipt of the order. Contractor will notify the City Buyer in writing if supplies or equipment that they are ordering are not in stock and will give a written estimate of the price, including shipping charges, and the anticipated delivery date to the City.
3. Contractor warrants and represents that the person or persons executing this Agreement on behalf of Contractor has or have been duly authorized by Contractor to sign this contract supplement and bind Contractor to the terms hereof.
4. Except as specifically modified herein, all terms and conditions of the Cooperative Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Agreement, as supplemented and modified by these Additional Terms.
Attachment 6 to Staff Report 2024-01927
KEYSTONE
PURCHASING
NETWORK
KPN BID FORM B: ACCEPTANCE OF BID AND CONTRACT A WARD
KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies NAME oF BIDDER Veritiv Operating Company
INSTRUCTIONS: PART I of this form is to be completed by the Bidder and signed by the Authorized Representative.
PART II will be completed by the Bid Issuer, KPN, only upon the occasion of the bid award. Label the scanned PDF version of the signed document with Your Company Name - ACCEPTANCE and upload to the KPN bidding website labeling the file KPN Bid Form B - Company Name -Acceptance of Bid Contract Award.
PART I: BIDDER
In compliance with the Invitation For Bid (IFB), the undersigned warrants that I/we have examined the Instructions to Bidders, and, being familiar with all of the conditions surrounding the proposed projects, hereby offer and agree to furnish all labor, materials, and supplies incurred in compliance with all terms, conditions, specifications and amendments in the IFB and any written exceptions to the bid. Signature also certifies understanding and compliance with the certification requirements of the Agency Terms and Conditions and the Special Terms and Conditions. The undersigned understands that his/her competence and responsibility and that of his proposed subcontractors, time of completion, as well as other factors of interest to KPN as stated in the evaluation section, will be a consideration in making the award.
Company Name Veritiv Operating Company Date _6_1_2_2_12_0_ 2_0 ______ _ Company Address 4501 Westport Dr City Mechanicsburg State PA Zip 17055 Contact Person Jose h Gurzenda
Authorized Signature (ink only) j;L__/4
Salvatore A. Abbate
PART II: AWARDING AGENCY
Title National Account Manager
Title Chief Operating Officer
Your bid for contracting services is hereby accepted. As contractor/supplier, you are now bound to sell the materials and services listed by the attached bid based upon the solicitation, including all terms, conditions, specifications, amendments as set forth in the IFB. As contractor, you are hereby cautioned not to commence any billable work or provide any material or service under this contract until an executed purchase order is received from the agency. The parties intend this contract to constitute the final and complete agreement between the agency and contractor, and no other agreements, oral or otherwise, regarding the subject matter of this contract, shall bind any of the parties hereto. No change or modification of this contract shall be valid unless it shall be in writing and signed by both parties to this contract. If any provision of this contract is deemed invalid or illegal by any appropriate court oflaw, the remainder of this contract shall not be affected thereby. The term of the contract shall commence upon award and continue until June 30, 2021 unless terminated, canceled or extended. By mutual written agreement as warranted, the contract may be extended for five (5) additional one-year terms; 2022, 2023, 2024, 2025 and 2026.
Awarding Agency Central Susquehanna Intermediate Unit d/b/a The Keystone Purchasing Network Awarded this __ (,�_() __ day of _ _,__�� Contract Number 202007-02A
EXTENSION OF AGREEMENT
KPN BID 2020
Contract EXTENSION AGREEMENT made by and between
Veritiv Operating Company (Vendor)
Category: Commercial Cleaning Equipment and Custodial Supplies and
The Central Susquehanna Intermediate Unit (CSIU) d/b/a Keystone Purchasing Network (KPN) Agreement being numbered: KPN Bid# KPN-202007-02A
Contact: Mark Carollo, 90 Lawton Lane, Milton, PA 17847, (570) 246-5936
The existing Agreement in initially commencing upon award terminates on June 30, 2021; however, the Term of Contract and Extensions in the KPN Bid provides the Agreement may be extended for five (5) additional 12- month periods by mutual written agreement through June 30, 2026. KPN has approved this extension and now the Central Susquehanna Intermediate Unit d/b/a KPN and Vendor desire to extend the Agreement for a term of one (1) year, until June 30, 2022. The contract may be extended upon the approval of the Board of Directors of the Central Susquehanna Intermediate Unit and the Vendor. Upon the signatures of authorized officers of the Central Susquehanna Intermediate Unit and Vendor the Agreement is hereby extended.
This extension shall be subject to the same Terms and Conditions as contained in the original KPN Bid.
Central Susquehanna Intermediate Unit
Authorized Signature ___________________________________ Date May 20, 2021 Dr. John Kurelja, Assistant Executive Director
Vendor
Authorized Signature ___________________________________ Title ________________________________
Typed Name __________________________________________ Date ________________________________
The Vendor agrees to provide complete information of any deleted and new products or prices as allowed under the headings of “Discontinued Products” and “New Technology and Price Reduction” set forth in the KPN Bid.
NOTE: This agreement must be received at the KPN office at the Central Susquehanna Intermediate Unit on or before June 11, 2021 at 4:00 p.m.
If you as the Vendor do not want to extend the contract, please sign below and return this agreement to the KPN office at the Central Susquehanna Intermediate Unit by June 11, 2021 at 4:00 p.m.
Discontinue: We desire to discontinue the contract, effective June 30, 2021.
Authorized Signature ___________________________________ Title ________________________________
Typed Name __________________________________________ Date ________________________________
June 2, 2021
David W. Backus
Vice President, Corporate Accounts
Stephanie Moy
5/25/2022
VP, Corporate Accts
EXTENSION OF AGREEMENT
KPN BID 2020
Contract EXTENSION AGREEMENT made by and between
Veritiv Operating Company (Vendor)
Category: Commercial Cleaning Equipment and Custodial Supplies and
The Central Susquehanna Intermediate Unit (CSIU) d/b/a Keystone Purchasing Network (KPN) Agreement being numbered: KPN Contract# KPN-202007-02A
Contact: Mark Carollo, 90 Lawton Lane, Milton, PA 17847, (570) 246-5936 The existing Agreement in initially commencing upon award terminates on June 30, 2021; however, the Term of Contract and Extensions in the KPN Bid provides the Agreement may be extended for five (5) additional 12- month periods by mutual written agreement through June 30, 2026. KPN has approved this extension and now the Central Susquehanna Intermediate Unit d/b/a KPN and Vendor desire to extend the Agreement for a term of one (1) year, until June 30, 2024. The contract may be extended upon the approval of the Board of Directors of the Central Susquehanna Intermediate Unit and the Vendor. Upon the signatures of authorized officers of the Central Susquehanna Intermediate Unit and Vendor the Agreement is hereby extended.
This extension shall be subject to the same Terms and Conditions as contained in the original KPN Bid.
Central Susquehanna Intermediate Unit
C • /JLf.k.-4 Authorized Signature _Jo_hn_&.t_re_lja_(M_ay_30_,20_2 3_22_:s_1E_DT_) -------- Date May 17, 2023 Dr. John Kurelja, Executive Director
Vendor
Authorized Signature ________________ Title _____________ _ Typed Name __________________ Date _____________ _
The Vendor agrees to provide complete information of any deleted and new products or prices as allowed under the headings of "Discontinued Products" and "New Technology and Price Reduction" set forth in the KPN Bid.
NOTE: This agreement must be received at the KPN office at the Central Susquehanna Intermediate Unit on or before June 12, 2022 at 4:00 p.m.
If you as the Vendor do not want to extend the contract, please sign below and return this agreement to the KPN office at the Central Susquehanna Intermediate Unit by June 12, 2022 at 4:00 p.m.
Discontinue: We desire to discontinue the contract, effective June 30, 2023.
Authorized Signature ________________ Title _____________ _ Typed Name ___________________ Date _____________ _
SVP, Sales
Stephanie Mayerle 06/09/2023
SVP Facility Solutions
Michael Douglas Walkenhorst
June 3, 2024
Veritiv Operating Company
3510 Carlin Drive
West Sacramento CA 95691
City of Sacramento
Finance Dept/Procurement Div
Sacramento CA 95814
October 10, 2024
Subject: RFQ Response Q25061521002 Janitorial Supplies
Veritiv certifies that it is has received all documents, including any addenda, and understands the scope of work covered by this solicitation. We are fully committed and capable of fulfilling the requirements of this RFQ via our KPN Cooperative Agreement. Veritiv has a strong local presence with our own local distribution center and delivery fleet in West Sacramento. Our strengths include detailed organization, working closely with our suppliers for Just-In-Time delivery, bringing solutions to help with efficiency and cost effectiveness to the city cleaning program, and providing ongoing “hands on” training and assistance for proper cleaning processes, inventory management and sustainability initiatives.
We appreciate the opportunity to participate and look forward to partnering with you. Should you have any questions regarding this response, please contact me directly at [email protected] or 925-483-9906 and/or Jami Ferrara, National State and Local Accounts Representative at [email protected] or 520-999-1580.
Regards,
Christine Hartman
Christine Hartman, Sales Representative
Veritiv Operating Company
Executive Summary
Veritiv Operating Company (Veritiv) is a North American leader in business-to-business distribution solutions with approximately 5,000 team members located in more than 95 locations across North America.
Our history goes back more than 150 years, and on July 1, 2014, the xpedx business of International Paper Company and Unisource Worldwide, Inc. were joined together under a new parent company, Veritiv Corporation. Veritiv is listed as a Fortune 500 Company, 2023 Fortune Magazine's World's Most Admired Companies, 2024 Ameristar Award, 2024 Walt Disney World's “Supplier of the Year, Bronze Medal from EcoVadis and IMPACT Corporate Skills-Based Award.
As the largest distributor of printing, packaging, facility supplies and foodservice supplies in North America, Veritiv serves tens of thousands of customers, across the United States and Mexico, in key strategic markets. These markets include, but are not limited to, commercial printing, food and material manufacturing, fulfillment, government, healthcare, as well as primary and secondary education. Veritiv represents best in class manufacturers to include but not limited to the following:
Kimberly Clark, Georgia Pacific, Gojo, Rubbermaid, Diversey, Betco, Ecolab, Berry, Heritage, Dart, Pactiv, Western Plastics, TTI Hoover, Tenant Nobles, Nilfisk, IPC Eagle, Proteam, and many more companies that Veritiv and its team, partner with to bring innovation and ecofriendly products to your marketplace.
Local Sales Professionals are dedicated to support the implementation and development of your program and will be responsible for activities in all your locations. The Sales Professional will serve as key contact for your requirements, questions, and reviews.
Responsibilities include:
• Reviewing program status during scheduled Business Reviews • Proactively responding to business objectives
• Providing lowest total cost solutions
• Supporting program implementation for new or enhanced product introduction • Analyzing product performance and current packaging procedures • Recommending efficiencies through product application and/or equipment • Providing technical support for product utilization, installations and repairs • Managing manufacturer relationships
*Providing ongoing “hands on” training and assistance wherever needed
With annual sales nearly $1 billion in facility supplies and equipment, Veritiv is well positioned with thousands of products, including those certified as environmentally preferable and a local distribution network to achieve high fill rates with minimal backorders and while filling backorder quickly for the customers. For many years, Veritiv has been servicing public sector customers thru national cooperative contracts including KPN, NASPO and TIPs, as well as standalone contracts with various entities.
Veritiv Values
How can you gain exclusive access
to premier facility supplies and
equipment at competitive prices?
POWERFUL
PROCUREMENT
SOLUTIONS
• S ave time, improve quality and achieve cost savings by allowing Veritiv’s experienced and certified facility advisors the ability to streamline supply requirements while
maintaining a safe and healthy facility.
•
E
liminate the burden of local bidding.
•
G
ain access to 1,000+ of the best products and prices
from top suppliers
•
M
aintain compliance and meet your procurement policies
and guidelines.
The answer is simple! Take advantage of Veritiv’s
national contract with Keystone Purchasing
Network (KPN), a cooperative purchasing program
serving schools, government agencies, nonprofits
and more.
Veritiv
® contracts with KPN to extend these benefits, plus access to our industry-leading facility solutions, sustainability expertise and e-commerce platforms, along to our customers. The end result is streamlined procurement and improved, more efficient facility supply programs. Plus, there’s no fee to join!
About Veritiv
A FORTUNE 500 ® Company, Veritiv is a strategic distribution company specializing in facility solutions, packaging, print and paper, publishing and logistics. Serving customers in a wide range of industries, Veritiv has distribution centers strategically located throughout North America, and employs team members worldwide. veritivcorp.com/government
© 2021 Veritiv Corporation. All rights reserved. Veritiv and the Veritiv logo are registered trademarks of Veritiv Corporation or its affiliates. All other trademarks are the property of their respective owners. WF371759
VFSKPNFLY
Facility supplies
Can liners
Carpet and floor care products
Disinfectants
Drain degreasers and maintainers
Dust mop treatment
Furniture polish
General purpose
Glass cleaners
Hand pads
Laundry products
Metal cleaners
Oven and grill cleaners
Restroom cleaners
Scrubbing pads
Warewashing products
Specialty cleaners
Personal care products
Facial tissue
Hand soaps
Hand towels
Toilet seat covers
Toilet tissue
Cleaning equipment
Air movers
Burnishers
Carpet extractors
Scrubbers
Spot cleaners
Sweepers
Vacuums
Personal Protective
Equipment
Disposable Gloves
Face Masks
To request more information or join the
network, please contact the following:
Part III
BID FORMS AND INSTRUCTIONS
KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Documents Included in Part III
Bid Forms Submittal Instructions
Bid Forms Table of Contents
FORM A: Bid Affidavit
FORM B: Acceptance of Bid and Contract Award
FORM C.1: Questionnaire for Bidder
FORM C.2: Certification of Ability to Serve Members
FORM D: Company
Qualifications
FORM E: Exceptions to Terms, Conditions and Specifications FORM F.1: Compliance and Deviations
FORM F.2: Deviations
FORM G.1: Pricing Schedule Submittal Instructions
HOW TO USE THESE FORMS: Forms in this portion of the IFB are PDF fillable documents such that bidder can type into the documents and save. You can download the forms to your computer and type directly on the form and click check boxes for responses. Once each form is completed, sign
a hard copy version, scan it and upload to the KPN bidding website.
Instructions are provided below and at the top of each form. If you have questions about these procedures or require assistance, contact Jeffrey Kimball, weekdays except holidays, 8:00 a.m. – 4:00 p.m., Eastern Time, (570) 523-1155, ext. 2130.
III.1. Bid Submittal Instructions
III.1.a. Deadlines and time lines: The bid proposal receipt deadline is listed in Part I on page two(2).
Questions regarding bid specifications will be accepted by telephone, (888) 490-3182 or (570) 523-1155, ext. 2130, or email, [email protected] on wee
kdays, except for holidays, between 8:00 a.m. and 4:00 p.m., Eastern T ime.
VERY IMPORTANT: As the deadline approaches, revisit the bid publishing site, https://kpn.ionwave.net to check for amendments and other updates.
III.1.b. Sealed Bid Format: Submit all bid documents online. Samples that are required must be received by the bid due date and time.
III.1.c. Bid Samples Submission Venue: The bid samples must be sent via UPS, Fed Ex, to:
Keystone Purchasing Network (KPN)
Attn: Jeff Kimball
90 Lawton Lane
Milton, PA 17847
III.1.d. Online Bid Submission: The Bid Forms and instructions for submitting a complete and competitive bid comprise this section of the IFB.
III.1.d.(1) Each bid form and other information must be named correctly and uploaded to the KPN bidding website.
III.1.d.(2) Include a cover letter that identifies the bid number, the name of the bidding company, the company’s website, the chief contact’s email and telephone number.
III.1.d. Document Development: These Bid Forms are presented in a “fillable PDF” format, which allows electronic completion. Most documents requested in this section also require signatures and thus must be printed out after completion, signed, scanned and saved as separate PDFs, including attachments where appropriate. All documents must be titled with the name of the bidder and the form. All attachment pages must have the bidder’s name at the top.
III.1.e. Bid Proposal Electronic Media Organization: Use the Table of Contents Form as a checklist for organizing the electronic files. Proposals lacking any of the required information may be rejected as nonresponsive. Organization of the materials in a way other than requested may result in the impression that the proposal is incomplete and thus nonresponsive.
Table of Contents: Using the form provided, create a Table of Contents for the bid proposal. Provide this as a filled-in PDF document (does not require a signature) or a document that has been printed, filled-in and scanned to a PDF, and title it Your Company Name Table of Contents. Then upload document to the KPN bidding website.
Bid Affidavit (FORM A): Complete the form provided. A signature of the bidder’s authorized representative is required and a Notary Public must complete this form. Scan to a PDF document and title it Your Company Name Affidavit.
Acceptance of Bid and Contract Award (FORM B): Complete the form provided. A signature of the bidder’s authorized representative is required.
Scan to a PDF document and title it Your Company Name - Acceptance of Bid and Contract Award.
Service Questionnaire (FORM C.1): The Service Questionnaire seeks information about the bidder’s pricing structure and commerce practices.
Complete the form provided. The authorized representative must sign the completed document. Scan to a single PDF document with FORM C.2 below and title it Your Company Name Service Questionnaire.
Certification of Ability to Serve KPN Membership (FORM C.2):
Certification of bidder’s ability to serve in the fifty states and District of Columbia. Sign and scan this form together with FORM C.1 above, to make a single PDF document. as per the instructions at the top of FORM C.1.
Requested copies of state licenses or certifications should be scanned and included with this form.
Company Information (FORM D): The Company Information Form requests incorporation and operational information about the bidding. The authorized representative must sign the completed document. A letter of credit from the bidder’s financial institution is a required attachment. Scan the Form and requested attachments to a single PDF document and title it Your Company Name - Company Information. Summaries of example/reference projects are also requested and should be incorporated as attachments.
Exceptions (FORM E): Exceptions to Terms and Conditions (set forth in Part I of this IFB) and Special Terms and Conditions (Part II) must be noted on FORM E. If there are no exceptions, the form must be returned with the “no exceptions” box checked and signed by the authorized representative. Scan to a PDF document and title it Your company Name - Exceptions.
Compliance (FORM F.1): The Compliance Form seeks the bidder’s ability to fulfill the bid commodity specifications set forth in Part II. The specifications represent the needs and interests of the member agencies and their affiliate members. Alternates or deviations may be proposed unless otherwise specified.
While deviations may be acceptable, the bidder who is able to comply with the greater number of specifications may be considered more responsive. After checking boxes, the authorized representative must sign the form. Scan to a PDF document and title it Your Company Name - Compliance.
Deviations (FORM F.2): Explanations of deviations noted in response to Compliance (FORM F.1) are required on FORM F.2. If there are no deviations, the form must be returned with the “no deviations” box checked. The form must be signed by the authorized representative, scanned to a PDF document and title it Your Company Name - Deviations.
Pricing (FORM G.1): FORM G.1 is intended as the cover document for the bidder’s discount pricing schedule. This form must be signed by the bidder’s authorized representative. Scan to a PDF document and title it Your Company Name - Form G.1 Pricing.
Pricing Schedule (G.2): Create a discount pricing schedule using the spreadsheet provided as FORM G.2 to this IFB, as per the instructions on FORM G.1. Save the document as Your Company Name – Form G.2 Pricing Schedule.
Catalogs and/or Pricelists: Include PDF copies of the bidder’s most recent published catalog(s) or pricelist(s). Save the PDFs as Your Company Name/Type of Catalog.
III.2. BIDDER’S RESPONSIBILITY: It is the bidder’s responsibility to ascertain that all documents submitted have been saved completely and appropriately to the KPN bidding website. Files that cannot be opened by KPN may result in the rejection of the proposal. The CSIU, KPN, its member agencies and authorized representatives are not responsible for bid proposals that are incomplete, unreadable or received after the deadline.
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 1 of 25
Invitation for Bid (IFB)
KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies
PART I: GENERAL TERMS AND CONDITIONS
On behalf of its membership in the fifty United States and the District of Columbia, the Keystone Purchasing Network (KPN) seeks a discounted source of quality commercial cleaning equipment and custodial supplies including installation services and associated expertise, rebuilding and repair services, work, training, certification, analysis, products and services. Member agencies are primarily school districts, charter schools, colleges and universities, local government offices and other tax - exempt nonprofit agencies. It is KPN’s intent to award one contract, but if it is in the best interest of members, it reserves the right to make multiple awards.
TABLE OF CONTENTS
PART I:
Calendar of Bid Activities ........................................................................ 2 KPN Information ...................................................................................... 3 Contact Information .................................................................................. 3 Eligibility .................................................................................................. 3 Glossary of General Bid Terms ................................................................ 4 Grounds for Disqualification .................................................................... 4 Evaluation and Pricing .............................................................................. 5 General Terms and Conditions ................................................................. 5 Exceptions ............................................................................................... 24
ADDITIONAL DOCUMENTS TO DOWNLOAD
PART II: Bid Category Specifications
PART III: Bid Forms and Instructions
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 2 of 25 Keystone Purchasing Network
Invitation for Bid (IFB)
KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies
CALENDAR OF BID ACTIVITIES
Transaction Date
Bid published on https://kpn.ionwave.net June 8, 2020
Question/Information Period
8 a.m.–4 p.m. ET, weekdays except holidays
June 10 – 30, 2020
Proposal Deadline July 6, 2020, 4:00 p.m. ET
Public Bid Opening
CSIU Main Office, 90 Lawton Lane, Milton, PA
July 7, 2020, 9:00 a.m. ET
CSIU Board Meeting for bid approval August 19, 2020
Notification of awards August 20, 2020
Term of Contract Upon award until June 30, 2021
Contract Extensions Possibility of up to five (5) one-year extensions
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 3 of 25
I.A. Issuer: The Keystone Purchasing Network (KPN) is a not -for-profit national cooperative purchasing program administered by the Central Susquehanna Intermediate Unit (CSIU), a regional educational service agency created by the Pennsylvania Legislative Act of 1971 and a Political Subdivision of the Commonwealth of Pennsylvania. KPN serves tax-exempt nonprofit educational institutions, political subdivisions and other not-for-profit organizations across the nation that seek quality products and services for the best possible price. KPN relieves its members of the burden of conducting individual, lengthy and costly bid awards.
I.B Membership in KPN: Agencies must register online with KPN at https://www.thekpn.org/. Only registered KPN members are eligible for vendor discounts available under KPN contracts. KPN members are school districts, nonpublic schools, technical high schools, charter schools, colleges and universities, preschool organizations, political subdiv isions and other nonprofit agencies and organizations.
I.C. Contact Information:
Keystone Purchasing Network
90 Lawton Lane
Milton, PA 17847
Jeff Kimball, Cooperative Purchasing Services Director
(570) 523-1155, ext. 2130
Fax: (570) 524-5600
[email protected]
I.D. Time Line: See page 2 of this document.
I.E. Eligibility of Respondents: Bidders must align with the following requirements in order to be eligible in the bid competition.
I.E.1. The bidder must file a complete bid per the instructions in this IFB by the stated deadline.
I.E.2. The bidder must be a company with an office in North America and have a record of no less than five years doing business in the bid category nationally.
I.E.3. The bidder must have a record of doing business with entities in a minimum of ten states.
I.E.4. The bidder must be able to offer KPN members “most favored agency” prices for quality products and services.
I.E.5. The bidder must have access to a national distribution system. Furthermore, the respondent must be able to provide local installations, training, and maintenance services in this IFB to all KPN members.
I.E.6 A bidder must provide a copy of its Certificate of Authority or licensing to do business in each of the fifty United States and the District of Columbia in response to FORM C.2 (See Part III, Bid Forms and Instructions).
I.E.7. The bidder must be able to fulfill the reporting, invoicing, and general and specific standard terms and conditions required by KPN contract.
I.E.8. The bidder must be able to deliver the products, services, and warranties proposed in the bid within the contractual period stipulated for the bid.
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 4 of 25
I.F. Glossary of Terms
Term Definition
Bid The competitive application for a contract award.
Bid Award The competitive award of a contract to provide goods and services as per this IFB.
Bid Documents Bid documents include the Advertisement for Bids, Instructions to Bidders, General Terms and Conditions of the Contract, Bid Specifications, Supplementary Conditions (if any), Plans (if applicable), Bid Response Form, Addenda (if any) and Letter of Award.
Bid Proposal The document submitted by the respondent in pursuit of the bid award, on which the selection panel, among other things, will base its selection or rejection of the bid.
Bid Price Monetary sum identified by bidder in bidder’s proposal.
Bidder Person or entity submitting a bid, a respondent to the bid. Once a bid has been awarded, the bidder becomes a supplier, also known by “contractor,” “vendor,” “provider” and “offeror.”
Capitalized
Terms
Capitalized terms used in the IFB and Contract and not otherwise defined herein are specific to and have meaning ascribed to them in documents specific to this bid.
Contract The agreement binding the bid award and conditions flowing from it.
Contractor (1) The successful bidder or,
(2) In clauses in this IFB pertaining to construction and installation services, subsection I.K.18 et seq., “Contractor” is defined as the entity contracted by the member agency to provide such services.
Event of
Default
The occurrence of a failure to meet contractual obligations set forth under general and specific terms.
KPN Keystone Purchasing Network administered by the CSIU.
Member
Agency
A school district, vocational technical school, nonpublic school, educational service agency, college or university, municipal division of local, county or state government, or other nonprofit organization registered as a KPN member and eligible for discounts that flow from KPN contracts.
Most Favored
Agency Pricing
Lowest possible pricing schedule offered by supplier exclusively to KPN member agencies.
Remedies Procedures and rights accorded the member pursuant to an event of default by contractor.
Supplier The successful bidder becomes the supplier, a term that can be used interchangeably with vendor, provider, contractor or offeror.
I.G. Grounds for Disqualification of Bid Proposals: KPN has the authority to reject any and all bid proposals for any of the following reasons:
I.G.1. Ineligibility of bidder (see § I.D. above).
I.G.2. Incompleteness of bid proposal (see Part III for instructions on submitting a complete bid proposal).
I.G.3. Lateness of bid proposal.
I.G.4. Bid proposal not submitted online.
I.G.5. Falsification of information in bid proposal.
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 5 of 25 I.H. Rejection of Bid Proposals: The KPN selection panel has the authority to preliminarily disqualify Bid Proposals for reasons set forth in § I.G . above, and to reject proposals on the basis of competitive selection as set forth in part I.E. above. All decisions made by the selection panel are final and appeals will not be granted.
I.H.1 Protests: Protests shall be filed with KPN , and shall be resolved, in accordance with applicable law. A protest must be in writing and must be filed with KPN. A protest of solicitation must be received at KPN before the solicitation opening date. A protest of a proposed award or of an award must be filed within ten days after the protester knows or should have known the basis of the protest. A protest must include: (1) the name, address and telephone number of the protestor; (2) the original signature of the protester or its representative; (3) identification of the solicitation; and (4) a detailed statement of the legal and factual grounds of protest, including copies of any relevant documents; and the form of relief requested.
I.I. Withdrawal of IFB: KPN has the authority to withdraw the IFB at any time up to the award of a contract. Furthermore, KPN has the authority to reject all bid proposals.
I.J. Bid Evaluation: KPN evaluates bid responses and makes an award based on the lowest, responsive and responsible bidder meeting the specifications which it deems in the best interest of its members.
I.J.1. Marketing Plan. Bidders are required to submit a detailed marketing plan that includes information and promotional materials that can be used to market the contrac t to KPN members. Additionally, bidders are surveyed about past and anticipated exhibiting activities at professional conferences, sales staff and proposed ways in which the company can participate in cooperative marketing activities with KPN. Upon award of a contract KPN staff will meet with contractor(s) staff to develop a 30-90 day national rollout of the contract to their sales staff. KPN staff will work with contractor (s) on various print, electronic and exhibit booth contract advertising.
I.J.2. Pricing.
(a) For the term of this bid and any extensions, the supplier must offer the most favored agency pricing to KPN and its members.
(b) The proposed pricing bid must include all costs for implementation of the materials and services provided in this bid.
(c) The proposed pricing must have the KPN administrative fee built into it. The fee may not be charged separately to purchasing members.
I.K. General Terms and Conditions: The following General Terms and Conditions are incorporated in all contracts awarded through Invitations Fo r Bid (IFB) and Requests For Proposal (RFP) conducted by the Central Susquehanna Intermediate Unit (CSIU) as administrator of the Keystone Purchasing Network (KPN) on behalf of its member agencies.
I.K.1. Issuing Agency: The KPN is a program initiative of the CSIU, 90 Lawton Lane, Milton, PA 17847. KPN is a cooperative purchasing program of the CSIU operating under Chapter 19, Intergovernmental Relations, of the Pennsylvania Commonwealth Procurement Code, 62 Pa. CS§§1901 et. seq., as the same may be amended from time to time (the “Act”), for those school districts assigned to the CSIU, as well as other organizations eligible to participate under the Act, whether such organizations are located inside or outside of the Commonwealth of Pennsylvania. Eligib le member organizations under the Act include state purchasing agencies, agencies of the United States, political subdivisions, public authorities, tax -exempt nonprofit educational institutions, public libraries, tax -exempt nonprofit public health institut ions and
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 6 of 25 organizations, nonprofit fire companies, nonprofit rescue companies, nonprofit ambulance companies, and to the extent provided by law, any other entity that expends public funds for the procurement of supplies, services and construction. The CSIU is a regional service agency by Act of the Pennsylvania Assembly of 1971 and a Political Subdivision of the Commonwealth of Pennsylvania . Membership in KPN is free for all eligible organizations.
I.K.2 Term of Contract and Extensions. The term of the agreement shall commence upon award and continue until June 30 of the following year unless terminated, canceled or extended. By mutual written agreement as warranted, the term of contract may be extended for five (5) additional one-year terms.
I.K.3. Contractor. The “offeror,” “supplier” or “vendor” responding to a KPN issued IFB or RFP, who is awarded a KPN contract for discounted supplies, services and/or construction through the selection process becomes the “contractor” under the terms of the contract.
I.K.4. Purchasing Member. KPN has issued the IFB for a program of supplies, services and/or construction on behalf of its membership. Its individual members will be the users of the contract, hereinafter “purchasing members.” I.K.5. Administrative Fee. The contractor agrees to pay KPN a 2% administrative fee based on total volume of sales generated by KPN purchasing members, or an alternative administrative fee structure appropriate to the commodity under solicitation as set forth in the IFB.
I.K.6. Reporting. The contractor will file quarterly sales reports with KPN accompanied by the abovementioned administrative fee on reported sales, or as otherwise stipulated in the IFB or otherwise agreed upon and set forth in the contract as is appropriate to the commodity solicited in the IFB.
I.K.7. Audits. KPN has the right to authorize audits of all reports and purchases made under this bid.
I.K.8. Debt. The contractor may not accrue debt against this contract or notice of award without the prior written consent of KPN. No subcontract shall be made with any other party for the furnishing of supplies, services and/or construction in accordance with the contract without the prior written consent of KPN.
I.K.9. Termination of Contract. KPN may at any ti me, upon seven (7) days prior written notice, terminate the contract with just cause. In case of such termination for KPN’s convenience, the contractor is entitled to receive payment from the participating members for services performed and goods received prior to the date of termination.
I.K.10. Interpretation of Contract. The contract shall be construed and interpreted, and its validity and the rights of the parties are determined in accordance with the laws of the Commonwealth of Pennsylvania, County of Snyder, in which the CSIU is located.
I.K.11. Compliance with Laws. All applicable laws are deemed to be part of the General Terms and Conditions to the contract and specifications, and the contract is read and enforced as though they were included. The contractor must comply with all applicable federal, state, local and i ndustry statutes, regulations, ordinances, codes and standards in a member’s locale. The failure to specifically reference or include said matters in contract documents does not excuse the contractor from compliance
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 7 of 25 with the same. Without limiting the fo regoing, the supplier shall comply with the Williams-Steiger Occupational Safety and Health Act (OSHA) of 1970, Public Law 91- 596, and Part 1910, Occupational Safety and Health Standards, Chapter XIII of Title 29 Code of Federal Regulations. Section XIII contains additional compliance for construction related services, which are deemed to be part of the General Terms and Conditions to the contract and specifications by reference.
I.K.12. Independent Contractor. In performing services and providing products pursuant to the contract, the contractor is acting independently and not as an agent, servant, partner nor employee of KPN or its members. The contractor has control over the services and products it delivers under the contract, and is solely responsibl e for its own federal, state and local income taxes, salary, social security payments and any and all other payments incurred by the contractor in the performance of the contract, as well as adhere to all necessary legal requirements governing employment. None of the benefits provided by KPN or its members to their own employees, including but not limited to retirement benefits, workers’ compensation insurance, disability insurance, medical insurance and unemployment insurance, are available to the contractor and/or any of the contractor’s agents, servants, employees or subcontractors. The contractor has no authority under the contract to assume or create any such obligation or responsibility, expressed or implied, on behalf or in the name of KPN or its members, or to bind KPN or its members in any way whatsoever.
I.K.13. Binding Contract. The contract shall be binding and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns.
I.K.14. Waivers. The waiver by a party to the contract of any term, covenant, obligation or condition herein shall be in written notice to the vendor by KPN or its participating members. It may not be deemed to be a waiver of any subsequent breach of the same or waiver of any other term, covenant, obligation or condition of the contract.
I.K.15. Invalidities. The invalidity of any words, phrases, sentences, sections or subsections contained in the contract may not affect the enforceability of the remaining portions of the contract, or any part thereof, all of which are inserted conditionally on their validity in law. In the event any one or more of the words, phrases, sentences, sections or subsections are found to be invalid or unenforceable, the contract will be read as if such offending provisions had not been inserted, and if such invalidity is caused by the length of any period of time set forth in any part hereof, such period of time will be considered to be reduced or increased, as necessary, to a period that would cure such invalidity.
I.K.16. Member-Contractor Transactions:
I.K.16.a. The contractor mu st designate by name and contact information a representative who serves as the facilitator and information resource for KPN members.
I.K.16.b. Use of Contract. The contract between KPN and the Contractor establishes a discounted program of supplies, serv ices and/or construction and access for its members. Members access the program of supplies, services and/or construction on an as need basis and are under no obligation to use such contract. Eligible purchasing members will be provided with the KPN contract number to identify themselves as eligible for the discounts and program of supplies, services and/or construction. Contractors are provided
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 8 of 25 with lists of KPN membership to confirm eligibility of users. Membership lists are only available upon the execution of a contract between KPN and the contractor.
I.K.16.c. A KPN member and the contractor may not enter into a separate, outside agreement for products and services provided through the KPN contract during the term of the contract, unless permission has been obtained from KPN in writing.
I.K.16.d. Child Protection. Purchasing members that are school districts, nonpublic schools, charter or public technology schools or any member providing direct pupil services or child care, reserve the right to reject any person they deem unfit to be permitted on their grounds in proximity to students. Upon written notice from the participating member or KPN, the contractor will have such persons who are performing services pursuant to the contract removed from the site immediately. The purchasing member’s right to declare a person unfit is not limited to the required exclusion of such persons through the provisions of federal and state laws legislated as child protective services.
I.K.16.e. Purchase Orders, Contrac ts, Invoices and Payment. KPN purchasing members will issue purchase orders to or otherwise enter into project contracts directly with the contractor. Invoices will be sent to the business office of the purchasing members, in duplicate. Separate invoices may be rendered for separate tasks, services or deliveries and be accompanied by signed receipts. Invoicing may not commence before the shipment of products. Prepaid shipments required by reason of prior history are disallowed. Purchasing members agre e to pay the contractor the amount specified on the purchase order or contract after receipt, approval and acceptance of delivered items and services. Invoices will be paid by members within thirty (30) days after receipt of the invoice.
I.K.16.f. Delivery. Delivery of supplies, products and services, including construction, will be made as ordered and at the destination identified by the KPN member, unless otherwise specified or agreed to by both the member and the contractor. Deliveries are to be made d uring the hours of 8:00 a.m. and 4:00 p.m., weekdays, inclusive, except holidays, unless otherwise specified. Contractors must notify members forty -eight (48) hours prior notice of shipment. Failure to provide notification may result in the refusal of de livery and rejection of future bid consideration. Contractors are responsible for understanding local road and facilities conditions in order to make proper deliveries. Individual packages must be clearly marked with the purchase order number. All deliver ies specified as “inside and installation” require the truck driver to unload the truck and carry products inside the building and set them up for use.
I.K.17. Insurance Requirements.
I.K.17.a. The contractor is required to purchase and maintain insura nce for the protection of claims for damages because of bodily injury, including personal injury, sickness, disease or death of any of the contractor’s employees, agents, servants or of any personnel so insurable, for claims of damages due to injury or des truction of tangible property, including loss of use resulting from there from, and from claims arising out of the performance of the
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 9 of 25 contract or caused by negligent acts for which the supplier is legally liable.
The supplier must maintain through the term of the KPN contract a minimum of $1,000,000.00 of occurrence liability insurance (basic and umbrella coverage) covering the services contemplated by the contract.
I.K.17.b. The contractor is required to purchase and maintain until the termination of services purchases pursuant to the contract, automobile and truck liability coverage with a minimum combined single limit liability of $300,000.00.
I.K.17.c. As requested by KPN or its members, the contractor must provide a certificate of insurance evidencing all required coverage with at least a thirty (30) day notification period that must be given to KPN prior to any policy cancellation. All required insurance must be written on an occurrence basis and maintained with a carrier licensed to conduct business in the Commonwealth of Pennsylvania, having a minimum rating of Best A.
I.K.17.d. In compliance with the Act of General Assembly, Commonwealth of Pennsylvania, the contractor further covenants and agrees to accept, insofar as the work covered by this contr act in Pennsylvania is concerned, the provisions of the Workmen’s Compensation Act of 1951, and any supplements or amendments thereto, which may have been or may hereafter be passed, or will file with the participating members a certificate from the Department of Labor and Industry.
I.K.18. Event of Default.
I.K.18.a. The following constitute an “Event of Default” under the contract:
(1) The contractor fails to furnish and deliver products or services or any part thereof, or to replace any products or servi ces which were rejected for inappropriateness and such failure continues for a period of five (5) working days following the date of notice from KPN. (2) The filing of a petition by or against the contractor for an adjudication as bankrupt or insolvent, or for the contractor’s reorganization, or for the appointment of a receiver or trustee of the contractor’s property; an assignment by the contractor for the benefit of creditors; taking possession of the property of the contractor by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of the contractor; or the commencement of levy, execution or attachment proceedings against the contractor or a substantial portion of the contractor’s assets.
(3) The contracto r discontinues the conduct of its business or fails to remain open and operating.
(4) The contractor fails to perform any other covenant or condition of the contract within ten (10) working days after written notice from KPN to the contractor, unless such failure is of a nature which reasonably requires more than ten (10) working days to cure, in which event the contractor will have no more than thirty (30) working days to cure such failure, provided the contractor acts with due diligence to commence and pursue the cure.
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 10 of 25 I.K.18.b. Notwithstanding the above, KPN is not required to comply with the notice provisions hereof, and may immediately exercise its remedies if the contractor fails within a 24-hour period after receipt of written notice from KPN to com mence and continue correction of such deficiencies where further delay would cause substantial disruption to the delivery schedule.
KPN has the further right to correct such deficiencies without prior notice to the contractor in an emergency affecting saf ety of persons or property, and said action is necessary to prevent threatened damage, injury or loss.
KPN’s right in this regard does not relieve the contractor of its obligations and responsibilities under the contract documents and does not give rise to a duty on the part of KPN to exercise the right for the benefit of the contractor or any other person or entity.
I.K.19. Remedies.
I.K.19.a. In the event of default, KPN is authorized and empowered to purchase supplies and services in conformity with this contract from third party(ies), at the expense of the contractor if necessary, or to cancel the contract, reserving to itself all rights for damages which may be incurred by KPN and/or its participating members.
I.K.19.b. The contractor is responsible for any reasonable attorney’s fees incurred by KPN and/or member agencies pursuant to collection of any sum due hereunder or to enforce the provisions of the contract for the contractor’s failure to keep and perform any term, covenant or condition in the contract.
This provision does not extend a similar right to the contractor or to any other person or entity for payment of such costs or expenses.
I.K.19.c. In the event of default, or of a threatened breach by the contractor of any of the agreements, conditions, covenants or terms hereof, KPN has the right of injunction to restrain the same, and the right to invoke any remedy by law or in equity, whether or not other remedies, indemnity or reimbursements are herein provided.
I.K.19.d. The rights and remedies extended to KPN through the contract are distinct, separate and cumulative remedies, and no one of them, whether or not exercised by KPN, is deemed to be the exclusion of any of the others.
I.K.20. Indemnification. In addition to the insurance requiremen ts included as part of a contract issued by KPN, the contractor further covenants and agrees to assume all liability for, and agrees to, indemnify, defend and hold the KPN, the CSIU and member agencies, and their directors, officers, agents, workers, servants and employees harmless from and against any and all claims, demands, losses, charges, causes of action, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) whatsoever, with respect to injury or death of any person or persons (including injury to corporations, partnerships or other business entities) whatsoever, or damage to property of any kind by whosoever owned, arising out of (directly or indirectly) or caused or claimed to have been caused, in whole or in part, but the acts or omissions of the contractor, or the contractor’s directors, officers, agents, workers, servants or employees, in the performance of this contract, or with respect to the non -fulfillment or non -performance of any agreement, covenant or condition on the part of the contractor under the contract, event of default or other breach of the contract by the contractor.
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 11 of 25 I.K.21. Claims and Disputes.
I.K.21.a. Claims, disputes or other matters in question between the parties to th e contract arising out of or relating to the contract or breach thereof will be exclusively litigated in the Court of Common Pleas of Snyder County and may not be subject to arbitration, except for compulsory arbitration as provided by the applicable Rules of Civil Procedure. Pending resolution of any claim, dispute or other matter, if requested by KPN or the participating member(s), the contractor will proceed diligently with the performance of the contract so as to avoid delay in the provision of specified supplies, materials and services.
I.K.21.b. The parties desire and intend that any disputes arising between them with respect to or in connection with the contract be subject to expeditious resolution in a court trial by jury. Therefore the parties each hereby waive the right to a trial by jury of any cause of action, claim, counter claim or cross compliant in any action, proceeding or other hearing brought by either party against the other on any matter whatsoever arising out of, or in any way connected with, the contract.
I.K.21.c. All parties hereto hereby submit themselves to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania, in and for the County of Snyder, specifically waive their right to sue in any other court which might otherwise have jurisdiction and agree to accept service of any court process, order or other document by certified mail in lieu of personal service.
I.K.21.d. The contractor waives claims against KPN, the CSIU and the participating members for consequen tial damages arising out of or relating to this contract, including, but not limited to, damages incurred by the supplier for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from this contract.
I.K.22. Construction or Related Services. The following items pertain to and only to construction, construction related services and athletic surfaces contemplated by a KPN contract. The awarded contractor agrees that in performance of the services required under a KPN contract to abide by all federal, state, local and Commonwealth of Pennsylvania Department of Education laws where this contract is utilized, and regulations that may apply to renovations under this bid, including but not limited to those listed below. It is the responsibility of the contractor to determine the applicability and requirements of any such laws and to abide by them. Additionally, the contractor has the sole responsibility for the compliance with other matters in conjunction with the services to be performed hereunder.
I.K.22.a. Performance and Labor Material Payment Bonds. The contractor must provide a performance bond and a labor and material payment bond, each in the amount of 100% of the contract price, before award of t he contract (Sections 756 and 757 of the Commonwealth of Pennsylvania Public School Code of 1949, as amended, and the Public Works Contractors Bond Law of 1967.
I.K.22.b. Discrimination Prohibited. According to 62 PA CSA 3701, the contractor agrees that:
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 12 of 25 (1) In the hiring of employees for the performance of work under the contract or any subcontract, no contractor, subcontractor or any person acting on behalf of the contractor or subcontractor will by reason of gender, race, creed or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.
(2) No contractor or subcontractor or any person on their behalf may in any matter discriminate against or intimidate any employee hired for the performance of work under the contract on account of gender, race, creed or color.
(3) The contract may be canceled or terminated by the government agency and all money due or to become due under the contract may be forfeited for a violation of the terms and conditions of that portion of the contracts.
I.K.22.c. Human Relations Act. The provisions of the Pennsylvania Human Relations Act, Act 222 of October 27, 1955 (PL 744) (43 PS § 951 et. seq.) of the Commonwealth of Pennsylvania prohibit discrimination because of race, color, religious creed, ancestry age, sex, national origin, handicap or disability, by employers, employment agencies, labor organizations, contractors and others. The contractor agrees to comply with the provisions of this Act as amended that are made part of this specification. (CF: 16 PA Code 49 §101).
I.K.22.d. Competent Workmen Act. Section 7 -752 of the Commonwealth of Pennsylvania Public School Code of 1949 requires that when the total estimated cost of a project is $25,000 or less, no person may be employed to do work under such a contract except competent first class workmen and mechanics. No workmen are regarded as competent first class, within the meaning of this Act, except those who are duly skilled in their re spective branches of labor, and who are to be paid not less than such rates of wages and for such hours of work as are established and current rates of wages paid for such hours by employers of organized labor in performance of similar work in the district where work is being done.
I.K.22.e. Pennsylvania “Prevailing Wage” Rates. For projects for which the total estimated cost is greater than $25,000, paid for in whole or in part out of funds of a public body, except for maintenance work or work performed under a rehabilitation program or manpower training program, “Prevailing Wages” must be specified. Further information on the implementation of the act, definition of maintenance work and prevailing wage rates is available from the Pennsylvania Department of Labor and Industry, (800) 932-0665 or (717) 787 -4763. When applicable, the federal Davis -Bacon Wage Rates schedule for federally assisted projects applies. This regulation and the general Pennsylv ania prevailing wage rates (Act 442 of 1961, PL 987, as amended) as determined by the Secretary of Labor and Industry, which must be paid for each craft or classification of all workers needed to perform the contract during the anticipated term therefore in the locality in which the public work is performed, are made part of this specification. (1) The general prevailing minimum wage rates, including contributions for employee benefits, as determined by the Secretary of Labor and
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 13 of 25 Industry (hereinafter “Secretary”), are to be paid to the workmen, employed in the performance of the contract.
(2) The contractor will pay no less than the wage rates as determined by the Secretary and will comply with the conditions of the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act 442), as amended August 9, 1963 (Act 342), and the regulations issued pursuant thereto, to assure the full and proper payment of said rates.
(3) These contract provisions apply to all work performed on the contract by the contractor and to all work performed on the contract by all subcontractors.
(4) The contractor must insert in each of the subcontracts all of the stipulations contained in these required provisions.
(5) No workmen may be employed on the work except in accordance with the classifications set forth in the decision of the Secretary. In the event that additional or different classifications are necessary, the procedure set forth in the regulations will be followed.
(6) All workmen employed or working on the work are to be paid unconditionally regardless of whether any contrac tual relationship exists or the contractual relationship which may be alleged to exist between any contractor, subcontractor and workmen, not less than once a week without deductions or rebate, on any account, either directly or indirectly, except authoriz ed deductions, the full amount due at the time of payment, computed at the rates applicable to the time worked in the appropriate classification. Nothing in this contract, the act or the regulations prohibits the payment of more than the general prevailin g minimum wage rates as determined by the Secretary to the workmen of the work.
(7) The contractor and each subcontractor must post for the entire period of construction the wage determination decisions of the Secretary, including the effective date of any changes thereof, in a prominent and easily accessible place or places at the site of the work and at such place or places used by them to pay workmen their wages. The posted notice of wage rates must contain the following information:
(a) Name of project.
(b) Name of public body of which it is constructed.
(c) The crafts and classifications of workmen listed in the Secretary’s general prevailing minimum wage rate determination for the particular project.
(d) The general prevailing minimum wage rates determined for each craft and classification and the effective date of any changes. (e) A statement advising workers that if they have been paid less than the general prevailing minimum wage rate for their job
classification or that the contractor and/or subcontractor are not
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 14 of 25 complying with the Act or the regulations in any manner whatsoever, they may file a protest with the Secretary within three (3) months of the date of the occurrence, objecting to the payment to the contractor to the extent of the amount or amounts due or to become due to them as wages for work performed on the project. Any workmen paid less than the rate specified in the contract have a civil right of action for the difference between the wage paid and wages stipulated in the contract, whic h right of action must be exercised within six (6) months from the occurrence of the event creating such right.
(8) The contractor and all subcontractors must keep an accurate record showing the name, craft and/or classification, number of hours worked per day, the actual hourly rate of wage paid (including employee benefits) to each worker employed in connection with the work and such record must include any deductions from each worker. The record must be preserved for two (2) years from the date of payment and is open at all reasonable hours to the inspection of the owner and the Secretary or the Secretary’s authorized representative. (9) Apprentices are limited to such numbers as in accordance with a bona fide apprenticeship program registered with and approved by the Pennsylvania Apprenticeship and Training Council and only apprentices whose training and employment are in full compliance with the provisions of the Apprenticeship and Training Act approved July 14, 1961 (Act No. 304) and the rules and regu lations issued pursuant thereto will be employed on the work. Any workers using the tools of a craft who do not qualify as apprentices within the provisions of this submission must be paid the rate predetermined for journeymen in that particular craft and/or classification. (10) Wages will be paid without deductions except authorized deductions.
Employers not party to a contract requiring contributions for employee benefits, which the Secretary has determined to be included in the prevailing minimum wage rate must pay the monetary equivalent thereof to the worker.
(11) Payment of compensation to workers for work performed on public work on a lump sum basis, or a piece work system, or a price certain for the completion of a certain amount of work, or the p roduction of a certain result will be deemed a violation of the Act and the regulations, regardless of the average hourly earnings resulting there from. (12) Each contract and each subcontractor must file a statement each week and a final statement at the conclusion of the work on the contract with the owner, under oath, and in form satisfactory to the Secretary, prescribed by the regulations, or if any wages remain unpaid, to the amount of wages due and owing to each worker respectively. (13) The provision of the Act and the regulations are incorporated by reference in the contract.
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 15 of 25 I.K.22.f. Standard of Quality. The various materials and products identified in the specifications by name or description are stated to establish a standard of quality and of cost for bid or proposal purposes.
(1) Named Products: Items identified by the manufacturer’s name. The specification may also include make, model number or other designation shown or listed in the manufacturer’s product literature current at the time of the bid. KPN reserves the right to require that a single manufacturer or source be provided and that no comparable products (alternates) or substitutions may be accepted. (2) Comparable (Alternate) Products: Where the specification states a named prod uct followed by “or equal,” an alternate or comparable product may be bid; however, the burden is on the bidder to provide evidence that a proposed alternate meets or exceeds the KPN specified named product and its attributes and that it provides an equal or better warranty. If comparable product(s) are proposed in the bid, the bidder must provide a detailed comparison for each to include a list of all the significant qualities of the product named in the Specification and those of the proposed alternate p roduct(s). Significant qualities include attributes such as performance, weight, size, durability, visual effect and specific features and requirements indicated. KPN reserves the right to reject proposed alternate products if it does not consider them equal to or better than the named product in the specification. (3) Substitutions for Cause: A contractor (awarded bidder) may only propose substitutions pursuant to a purchase order submitted by a purchasing KPN member in the event of unavailability of pro duct, regulatory changes or unavailability of required warranty terms. The contractor must notify both KPN and the purchasing member of all substitutions for cause with full documentation at least thirty (30) working days in advance of the commencement of work. All documentation must demonstrate that the proposed substitution is equal to or better than the specified product on all physical and in - service attributes and warranty provisions and can be implemented by subcontractors as necessary without disruption to the project. The purchasing member must approve all substitutions.
(4) Substitutions for Convenience: Bidders may not propose substitutions for convenience.
I.K.22.g. Provisions for the Use of Steel and Steel Products Made in the United States. In accordance with Act 3 of the 1978 General Assembly of e Commonwealth of Pennsylvania, if any steel or steel products are to be used or supplied in the performance of the contract, only those produced in the United States as defined therein will be used or supplied in the performance of the contract or any subcontracts there under in accordance with Act 161 of 1982, and cas t iron projects must also be included and produced in the United States. Act 141 of 1984 further defines “steel products” to include machinery and equipment. The act also provides clarifications and penalties.
I.K.22.h. Prohibition on Cash Allowances. Cash allowances are prohibited.
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 16 of 25 I.K.22.i. Time(s) of Completion of the Project. Completion dates for projects must be stated in terms of actual date(s) or the number of calendar working days after notice to proceed with the work not to exceed one hundred e ighty (180) calendar days unless otherwise agreed upon by member.
I.K.22.j. Owner’s Compliance in Retaining Payments. Unless a member stipulates otherwise, payment retentions and progress payments are as follows: Ten percent (10%) of all contract payment s are retained by the member as insurance of proper performance of the prime contractor. The prime contractor agrees to identify the amount of the invoices sent to the member agencies, then report usage of the contract and sales volume to KPN. When fifty percent (50%) of the work is completed, as determined by the member agency, one –half (1/2) of the amount retained will be paid to the prime contractor, if the prime contractor requests payment, provided that the prime contractor is making satisfactory pro gress and there is no specific cause for greater withholding. After fifty percent (50%) of the work is completed, not more than five percent (5%) of the amount of any subsequent progressive payments may be retained, unless the governing board of the membe r agency determines that satisfactory progress is not being made, at which point ten percent (10%) retention may be reinstated.
If the member and the prime contractor agree to a substitute security, the agreement must fully comply with Pennsylvania law. If the substitute security is agreed to, the prime contractor must provide KPN and the member with a signed and acknowledged waiver of any right or power of the obligor to set off any claim against KPN, the member, or the prime contractor, in relationship to the security assigned. The prime contractor, as authorized above, will pay any interest due a subcontractor or material supplier. A subcontractor to the prime contractor may request, in writing, that the subcontractor be notified within five (5) days of payment of each progress payment made to the prime contractor. It is the responsibility of the prime contractor to inform all suppliers and subcontractors that this contract is a cooperative purchasing contract. Once all bonds are in place, the prime contractor and the authored agent of purchasing KPN member will agree in writing upon a schedule of payments based on identifiable milestones. Retention of payments must be done in accord with 62 PA CSA 3921.
A contract containing a provision for retaina ge as provided in 62 PA CSA 3921 must contain a provision requiring the architect, engineer or purchasing member complete the final inspection within thirty (30) days of the receipt of the request of the contractor for final inspection and application for final payment. If the work is substantially completed, the architect, engineer or purchasing member issues a certificate of completion and a final certificate for payment, and the purchasing member agency must make payment within 45 days, except as provid ed in §3921, less only one and one half (1½) times the amount required to complete any then - remaining uncompleted minor items, which amount must be certified by the architect, engineer or purchasing member and, upon receipt by the purchasing KPN member of any guarantee bonds which may be required, in accordance with the contract, to insure proper workmanship for a designated period of time. The certificate provided by the architect, engineer or purchasing member must list in detail each uncompleted item and a reasonable cost of completion. Final payment of any amount withheld for the completion of the minor items is due upon completion of the items
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 17 of 25 as listed in the certificate issued by the architect, engineer or purchasing member.
I.K.22.k. Workers’ Compensation Act. The contractor accepts, insofar as the work covered in the contract is concerned, the provisions of the Workers’ Compensation Act 44 of 1993, and any supplements or amendments thereof, including any which may be passed in the future, and insu res the contractor’s full liability there under for all parts of the contract performed by the contractor or any of the contractor’s partners, associates, employees or those the contractor may employ herein, or file with the purchasing KPN member a certificate of exemption from insurance issued by the Bureau of Workers’ Compensation of the Department of Labor and Industry.
The contract at all times indemnifies and holds harmless the CSIU, KPN and KPN member agencies of and from all claims for Workers’ Compensation which may be made by any of the employees of the contractor, and the contractor must appear for and defend the CSIU, KPN and KPN member agencies against any and all such claims. The contractor must be covered by Employers’ Liability Insurance with a minimum limit of $250,000 for each employee, $2,000,000 policy limit and $250,000 for each accident.
I.K.22.l. Background Checks. Pursuant to Section 1-111 of the Commonwealth of Pennsylvania Public School Code and Sections 6354 – 6358 of the Publ ic Welfare Code, known as Acts 33, 34, 114 and 151, and any such sections that will be appended to such in the future, all persons hired to work on the premises of public or private schools or agencies serving children, including independent contractors and their employees, are required to obtain background checks prior to entering the premises to perform the work. The background checks consist of the State Police Criminal History Record Information, the Pennsylvania Child Abuse History Clearance Form and the Federal Criminal History Record (FBI electronic fingerprinting).
Contractors are required to perform the following measures:
(1) Assume the costs for the background checks.
(2) Identify all employees working on the premises of the project and present the original official documents containing background check information to the superintendent or superintendent’s designee prior to the beginning of work. The school must make photocopies of the background checks, notate each with the date on which the or iginal document was inspected and the name of the administrator who viewed the original. Such copies will be retained in the purchasing KPN school member’s records, with the originals returned to the contractor.
(3) If new employees are added to the workforce during the course of the work, the contractor must follow the same procedures set forth above, §§ (1) and (2) prior to the new employee(s) working on the premises. (4) The school entity must notify the contractor in writing if the decision to reject the contractor or any of the contractor’s employees is based in whole or part on information revealed in the background checks.
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 18 of 25 (5) The purchasing KPN school member must follow the regulations promulgated by the State Board of Education concerning the confidentiality of the information contained in the background checks obtained pursuant to these laws and regulations.
(6) Upon written notice from the purchasing KPN school member, contractors must remove all persons declared unfit from the premises and project. The school district’s right to declare such persons unfit is not limited to the required exclusion of persons from school property as set forth in Section 1-111 of the Pennsylvania School Code and/or Act 151 of 1994.
(7) The following applies to all prevailing wage projects:
E-Verify. The successful Bidder and its subcontractors (as such term is defined in the act) are required to comply with the Public Works Employment Verification Act, Act No. 127, July 5, 2012 (formerly Senate Bill 637). All Bidders shall submit with their Bid a Public Works Employment Verification Form (the "Verification Form") to CSIU - KPN in the form published by the Commonwealth of Pennsylvania, Department of General Services. Per the act, the Verification Form is to be obtained from the Secretary of the Pen nsylvania Department of General Services. The Verification Form is presently available on the Department of General Services website. Per the act, the Verification Form shall include a certification that the information in the statement is true and corre ct and that the individual signing the statement understands that the submission of false or misleading information in connection with the verification shall subject the individual and the public works contactor or subcontractor, as the case may be, to sanctions provided by law; and the verification form shall be signed by a representative of the public works contractor or subcontractor, as applicable, who has sufficient knowledge and authority to make the representations and certifications contained in the statement. Prior to award of a contract or purchase order by a Member Agency to the successful Bidder for a particular project, the successful Bidder shall submit to the Member Agency a Verification Form. Per the act, the successful Bidder's subcontractors shall provide to the Member Agency, and successful Bidder shall cause its subcontractors to provide to the Member Agency, their Verification Forms prior to commencing work on the Member Agency’s project.
Bidders are required to submit the E-Verify form along with any other state required forms to members before commencing work on any project.
I.K.22.m. Prevention of Environmental Pollution. Section 3301 of the Commonwealth of Pennsylvania Procurement Code (Chapter 33 enacted May 15, 1998) requires that all IFBs and RFPs for construction projects issued by any governmental agencies require adherence to all applicable provisions of federal and state statutes, rules and regulations addressing prevention of environmental pollution and preservation of public natural resources that affect the project.
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 19 of 25 I.K.23. Compliance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
When a KPN member seeks to procure goods and services through a KPN contract using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the following procurement standards of the Uniform Administr ative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or new “EDGAR”):
I.K.23.a. Contractor Violation or Breach of Contract Terms:
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 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Provisions regarding Contractor default and legal remedies are included in Sections I. K.18 and I. K.19 above. Any Contract award will be subject to such provisions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity.
I.K.23.b. Termination for Cause or Convenience:
For any purchase or contract in excess of $10,000 made using federal funds, the contractor agrees that the following term and condition shall apply:
The KPN member may terminate or cancel any purchase order under this a contract at any time, with or without cause, by providing seven (7) business days’ advance written notice to contractor. If an agreement is terminated in accordance with this Paragraph, the KPN member shall only be required to pay contractor for goods or services delivered to the KPN Member prior to the termination and not otherwise returned in accordance with Contractor’s return policy. If the KPN member has paid the contractor for goods or services not yet provided as of the date of termination, the contractor shall immediately refund such payment(s).
I.K.23.c. Equal Employment Opportunity:
Except as otherwise provided under 41 CFR Part 60, all KPN member purchases or contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating t o Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60 -1.4(b) is hereby in corporated by reference. The Contractor agrees that such provision applies to any KPN member purchase or contract that meets the definition of “federally
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 20 of 25 assisted construction contract” in 41 CFR Part 60 -1.3 and the Contractor agrees that it shall comply with such provision.
I.K.23.d. Davis-Bacon Act:
When required by Federal program legislation, the Contractor agrees that, for all KPN member prime construction contracts/purchases in excess of $2,000, the Contractor shall comply with the Davis-Bacon Act (40 USC 3141- 3144, and 3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, the Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, the Contractor shall pay wages not less than once a week.
Current prevailing wage determinations issued by the Department of Labor are available at www.wdol.gov.
The contractor agrees that, for any purchase to which this requirement applies, the award of the purchase to the contractor is conditioned upon the contractor’s acceptance of the wage determination. The c ontractor further agrees that it shall also comply with the Copeland “Anti -Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).
The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public w ork, to give up any part of the compensation to which he or she is otherwise entitled.
I.K.23.e. Contract Work Hours and Safety Standards Act:
Where applicable, for all KPN member contracts or purchases in excess of $100,000 that involve the employ ment of mechanics or laborers, the contractor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, the Contractor is required to compute the wages of every mechanic and labore r on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
I.K.23.f. Right to Inventions Made Under a Contract or Agreement:
If the KPN member ’s Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 21 of 25 regarding the substitution of parties, assig nment or performance or experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Busine ss Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. The Contractor agrees to comply with the above requirements when applicable.
I.K.23.g. Clean Air Act and Federal Water Pollution Control Act:
Clean Air Act (42 USC 7401 -7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended – Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401 -7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251 - 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, the Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act.
I.K.23.h. Debarment and Suspension:
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Contractor certifies that The Contractor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise ex cluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Contractor further agrees to immediately notify the KPN member with pending purchases or seeking to purchase from the c ontractor if the c ontractor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549.
I.K.23.i. Byrd Anti-Lobbying Amendment:
Byrd Anti-Lobbying Amendment (31 USC 1352) – Bidders who 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 pers on or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 22 of 25 lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. As applica ble, Bidders agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).
I.K.23.j. Procurement of Recovered Materials:
For KPN member’s purchases utilizing Federal funds, the contractor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as the District may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
I.K.23.k. Profit as a Separate Element of Price:
For purchases using federal funds in excess of the s implified acquisition threshold currently set at $150,000, the KPN member may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b).
When required by the KPN member , the contractor agrees to provide information and negot iate with the KPN member regarding profit as a separate element of the price for a particular purchase. However, the contractor agrees that the total price, including profit, charged by the contractor to the KPN member shall not exceed the awarded pricing.
I.K.23.l. Bonding Requirements:
Pursuant to 2 C.F.R. § 200.325, for construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold currently set at $150,000, the Federal awarding agency or pass -through entity may accept the bonding policy and requirements of the KPN member, provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the m inimum requirements must be as follows:
(1) A bid guarantee from each Bidder equivalent to five percent (5%) of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the Bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.
(2) A performance bond on the part of the c ontractor for one hundred percent (100%) of the contract price. A “performance bond” is one
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 23 of 25 executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
(3) A payment bond on the part of the contractor for one hundred percent (100%) of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
The bonding requirements set forth above are in addition to and not in limitation of any bonding requirements under applicable state law.
I.K.23.m. Not-To-Exceed Price:
If requested by the KPN Member, on any contract based on time and materials, the Contractor shall set a ceiling price that Contractor exceeds at its own risk pursuant to 2 C.F.R. § 200.318(j).
I.K.23.n Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms:
Contractor shall take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring any subcontractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.
I.K.23.o. General Compliance and Cooperation with KPN member:
In addition to the foregoing specific requirements, the contractor agrees, in accepting any purchase order or contract from the KPN member , it shall make a good faith effort to work wit h the KPN member to provide such information and to satisfy such requirements as may apply to the KPN member’s purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements , and contract cost and price analyses required under the Uniform Guidance.
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 24 of 25
I.K.23.p Equivalent Products:
(1) Comparable (Alternate) Products: Where the specification states a named product followed by “or equal,” an alternate or comparable product may be bid; however, the burden is on the bidder to provide evidence that a proposed alternate meets or exceeds the KPN specified named product and its attributes and that it provides an equal or better warranty. If comparable product(s) are proposed in the bid, the bidder must provide a detailed comparison for each to include a list of all the significant qualities of the product named in the Specification and those of the proposed alternate product(s).
Significant qualities include attributes such as performance, weight, size, durability, visual effect and specific features and requirements indicated. KPN reserves the right to reject proposed alter nate products if it does not consider them equal to or better than the named product in the specification.
(2) Substitutions for Cause : A contractor (awarded bidder) may only propose substitutions pursuant to a purchase order submitted by a purchasing KPN member in the event of unavailability of product, regulatory changes or unavailability of required warranty terms. The contractor must notify both KPN and the purchasing member of all substitutions for cause with full documentation at least thirty (30) working days in advance of the commencement of work. All documentation must demonstrate that the proposed substitution is equal to or better than the specified product on all physical and in - service attributes and warranty provisions and can be implemented by subcontractors as necessary without disruption to the project. The purchasing member must approve all substitutions. The KPN members reserves the right to reject proposed alternate products if it does not consider them equal to or better than the named product in the specification.
(3) Substitutions for Convenience : Bidders may not propose substitutions for convenience.
I.L. Exceptions. Bidders may propose exceptions to the KPN General Terms and Conditions set forth in this document using FORM E included in Part III of the bid documents. The following Terms and Conditions are required and exceptions or alternatives to them will be rejected:
all local, state and federal laws cited or referenced in this IFB; all local, state and federal laws which in the future may apply to procurement practices and construction; the schedule of bid activities; and the procedures and rights reserved by KPN in the selection and awarding processes associated with the bid. The proposal of exceptions does not ensure their adoption in the selection and contracting processes. KPN reserves the right to reject exceptions raised by the bidder.
I.M Use of Contract. The following states are eligible for piggyback purchasing off of a contract awarded in another state:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Part I: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 25 of 25 Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
END OF PART I
BID PROPOSAL TABLE OF CONTENTS
KPN 202007-02 Commercial Cleaning E quipment and Custodial Supplies NAME OF BIDDER __________________________________________________________________________ Name of Authorized Representative _____________________________________________________________ Office Address _______________________________________________________________________________ ____________________________________________________________________________________________ Telephone____________________________ Time Zone: Eastern Central Mountain Pacific Fax ______________________ Email____________________________ Website ________________________ INSTRUCTIONS: Fill in the titles you have given to each document saved to the electronic media. Save this completed form as a separate PDF titled Your Company Name - TABLE OF CONTENTS and upload to the KPN bidding website.
FORM DOCUMENT TITLE FORMAT NOTES
Table of
Contents
Fillable PDF
FORM A
Affidavit
Fillable PDF Signature and
notarization required
FORM B
Acceptance
Fillable PDF Signature required
FORM C.1
Questionnaire
Fillable PDF Signature required
FORM C.2
Authorizations
Fillable PDF Signature required
FORM D
Company Info
Fillable PDF Signature required
FORM E
Exceptions
Fillable PDF Signature required
FORM F.1
Compliance
Fillable PDF Signature required
FORM F.2
Deviations
Fillable PDF Signature required
FORM G.1
Pricing Info
Fillable PDF Signature required
FORM G.2
Price Sc
hedule
Microsoft Excel
Catalog(s) or
Pricelist(s)
PDF
Part II: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 1 of 4
Invitation For Bid
KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies
PART II: BID CATEGORY SPECIFICATIONS
TABLE OF CONTENTS
Bid Goal and Intent ........................................................................................................................... 1 Glossary................................................................................................................................................. 2 Special Terms and Conditions ..................................................................................................... 2 Bid Specifications .............................................................................................................................. 2 Bid Pricing Guidelines ..................................................................................................................... 5 Bid Preparation.................................................................................................................................. 5
II.A. Bid Goal and Intent: On behalf of its membership in the fifty United States and the District of Columbia, KPN seeks a contract source of commercial cleaning equipment & supplies. It is anticipated that there is a demand for enduring products, including vacuum cleaners, floor polishers and cleaners, sweepers, wet/dry vacuums, extractors, attachments, replacement bags and pads, and optional accessories and a full range of custodial & maintenance supplies.
Member agencies are primarily school districts, charter schools, colleges and universities, local government offices and other tax-exempt nonprofit agencies.
II.B. Type of Bid: This is an indefinite quantity line item bid. Estimated first-year sales is $1,000,000 with an estimated 5-year volume of $10,000,000. However KPN does not guarantee these sales and they may be higher depending on our member’s needs and your sales force promoting the resulting contract.
YES NO TYPE OF BID
√ CATALOG: A catalog bid shall have established percentage discounts from catalog list or published prices or price list. The discounts may be the same for the entire catalog or for specific product or manufacturer categories. Prices may change based on manufacturer’s price changes and new products may be added at the established percentage discounts at any time. Discontinued products may be dropped at any time during the year. KPN should be aware of any changes as they are made. Substantial changes to the catalog that reduce the supplier’s ability to perform as bid can result in revocation of the contract.
Vendor may add associated products or other technology to complement the products in this IFB at any time upon written request to KPN. √ LINE ITEM: A line item bid shall be identified as specific line items that prices are requested for in the bid documents. The supplier may only request adjustments to the prices once a year at the time of renewal and must submit a
Part II: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 2 of 4 written request to KPN for any changes in pricing. The request must document why the prices changes are warranted, such as changes in raw material costs, etc. Vendor may add associated products or new technology to compliment the products in this IFB at any time upon written request, review and approval of KPN.
II.C. Glossary of Terms Specific to Bid: The terms identified in Part I of this IFB pertain to the bidding and contracting processes. The terms identified below are associated with the specifications established for this commodity. The failure to list specific laws, codes, guidelines or authorized standards and institutions or organizations does not constitute a waiver of their requirements under this IFB or the contract awarded through it.
Term Definition
HEPA High Efficiency Particle Absorbing air filtration systems created by the HEPA Corporation.
Jan-San Janitorial and Sanitation
II.D. Special Terms and Conditions:
II.D.1. There are no Specific Terms and Conditions specified
II.E. Bid Specifications: The bidder is required to indicate its ability to comply or deviate from the specifications identified below through FORM F.1 (Compliance) included in Part III (Bid Forms and Instructions) of this IFB.
II.E.1 Deviations, Exceptions and Alternates to Specifications: The issuing agency may specify desired products under this bid by named manufacturer, model number or other designation. Bidders must use FORM F.2 (see Part III, Bid Forms and Instructions) to prop ose alternatives or substitutions. Comparable products or substitutions must, without exception, meet or exceed all specification requirements, in keeping with the standards of quality established by named manufacturers or models. No substitutions may be made for convenience. Demonstration of how an alternate or substitution product meets or exceeds the standard of quality specified should be provided in the response to FORM F.2. KPN reserves the right to reject any and all proposed alternative products and substitutions.
Part Category Specification
E.1 Overall Bid
Fulfillment
Bidder provides a complete line of commercial cleaning equipment & supplies
E.2 Overall Bid
Fulfillment
Bidder provides local representation in order to assist members in product specification, and to provide technical assistance as necessary.
E.3 Overall Bid
Fulfillment
The bidder provides a full line product catalog and a web site that provides supporting documentation to assist in the
procurement process.
E.4 KPN Contract The bidder agrees to remit an administrative fee based on gross sales to members, reporting quarterly with remittance and a list of the purchasing members. The administrative fee is 2% for purchases offered under this resulting contract.
Part II: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 3 of 4 E.5. National Service Supplier is able to serve KPN members in the fifty United States and District of Columbia. Complete Form FORM F.3 even if you answer “comply.”
E.6. Website Supplier has an e---commerce website and agrees to create a special KPN Ordering website for members with reporting capabilities for KPN administration.
E.7. Marketing Plan Supplier can implement a marketing plan to KPN members in all states indicated above and will meet with KPN staff to develop and implement a comprehensive marketing plan
within 30 days after contract award.
E.8. Shipping Time Supplier can guarantee a shipping time after receipt of order 90% of the time. If the product cannot be shipped within the stipulated time period, the KPN member has the opportunity to secure the product elsewhere.
E.9. Discount Pricing Pricing must be a percentage discount from the manufacturers’ suggested list price or percentage up from cost, whichever provides the lowest pricing for the agency.
E.10. Pricing and Discount
Status
“Most Favored Agency” pricing based on a national contract.
E.11.
Discount Structure
and Price Changes
The awarded discount structure must remain firm. Price
changes, if required, will be allowed only if the public verified price schedule is superseded, revised or changed after the contract award. The supplier may pass on the applicable price increase or decrease to KPN members provided written notice has been submitted along with the identified price list(s) and priced catalog(s) to KPN for r eview and written approval prior to the implementation of the price changes.
E.12. Shipping Charges Shipping charges are clearly identified in the pricing schedule.
E.13. Pricing Errors If the supplier makes an error in pricing (typographical or photographic error, for example), KPN members reserve the right to return or refuse a product. The supplier agrees to pay for the cost of a returned product due to a pricing error.
E.14. New Products All products sold under the KPN contract must be new unless members specifically request used, refurbished or retrofitted items.
E.15. Return of Defective
Products
The supplier agrees that full refund, credit or exchange will be granted to any defective---on---arrival (DOA) merchandise if reported within thirty (30) days of receipt of the order. If orders are received by school district members when school is not in session, the thirty (30) days will be extended for a reasonable period of time.
E.16. Technical Support The supplier maintains a toll---free technical support line answered by a live United States technician. Additionally a 24--- hour fax line is established.
E.17. Customer Liaison The supplier will appoint a single contact for problem solving under the KPN contract. This will be a dedicated senior---level contract manager authorized to make decisions on the member account.
E.18. Compliance The bidder has included the 2% KPN Administration fee in their discounts and agrees to pay KPN on a quarterly basis E.19. Vacuum Cleaners The supplier offers a variety of vacuum cleaner equipment, including bag and bagless, upright, canister, back pack and optional riding cleaners; replacement bags as needed, and replacement filters, brushes, belts, hoses and mechanical parts; and standard, replacement a nd optional accessories.
E.20. Spot Carpet Cleaners The supplier offers 1.5 gallon capacity at minimum.
Part II: KPN 202007-02 Commercial Cleaning Equipment and Custodial Supplies Page 4 of 4 E.21. Extractors and Carpet
Cleaners
The supplier offers heated and non---heated options; box extractors with minimum 11 gallon solution and recovery tanks, minimum 100 PSI pump; optional air blowers (dryers); other upright machines; replacement parts; and standard and optional accessories.
E.22. Blowers The supplier offers air blowers/dryers that function as separate units.
E.23. Floor Sweepers The supplier offers push and/or automated floor sweepers with and without brushes, replacement parts and optional accessories.
E.24. Wet/Dry Vacuums The supplier offers a range of sizes beginning at 5 gallons; optional squeegees; replac ement parts and optional
accessories; optional drum adaptors.
E.25. Floor Polishers The supplier offers a variety of floor polishers, scrubbers and burnishers and replacement pads.
E.26. Air---Assisted
Electrostatic Sprayers
The supplier offers the option of separate unit sprayers.
E.27. Set up and Training The supplier will provide set---up and training on equipment as requested.
E.28. Repair and
Maintenance
The supplier will provide repair and maintenance services, provide product literature and recommended maintenance
schedules.
E.29 Supplies Supplier can offer a full range of custodial and maintenance supplies to KPN members at a discount price.
II.F. Bid Proposal Pricing Guidelines:
II.F.1. The bidder’s response to this IFB must present pricing using FORM G.1 (see Part III, Bid Forms and Instructions) and by using Price FORM G.2. A bid lacking the Excel pricing schedule with the bidder’s entries will be rejected as nonresponsive. Bidders may also offer other products that are in addition to or compliment the products that are included in the specifications.
II.F.2. Pricing does not include taxes.
II.F.3. Bidders are reminded to incorporate the 2% KPN administrative fee into the pricing structure. The administrative fee cannot be assessed directly or separately to the purchasing member.
II.F.4. Bidders are instructed to include warranty information and incidental charges and fees on additional sheets in the Excel pricing document.
II.F.5. Bidders are instructed to include PDF documents of the most recent catalogs or price lists of products and services offered under the bid. Submission of outdated catalogs or pricelists may result in the rejection of the bid.
II.F.6. As stated in the General Terms and Conditions (see Part I of this IFB), adjustments or revisions to price lists may be submitted to KPN on an annual basis and are subject to KPN approval. Noncompetitive price changes that are not in the best interest of KPN members may be grounds for termination of the contract.
II.G. Bid Preparation: All instructions and required forms for preparing a competitive bid response are included in Part III of this IFB.
END PART II
CONTRACT #: PRC003296
CONTRACT NAME: Janitorial Supplies and Equipment (Citywide) AGREEMENT TERM: Through 5/31/2027.
AUTHORIZED RENEWALS: City may choose to renew if the cooperative contract is renewed
LEAD AGENCY & SOURCING EVENT: Region 14 Education Service Center RFP #08-16 DEPARTMENT: Finance
DIVISION: Procurement
CITY OF SACRAMENTO
ADDITIONAL TERMS AND CONDITIONS
COOPERATIVE PURCHASE AGREEMENT
T
he City of Sacramento ("City") and WAXIE SANITARY SUPPLY ("Contractor"), hereby agree to these Additional Terms and Conditions (“Additional Terms”), effective January 1, 2025.
WHEREAS, Contractor entered into Contract No. 152610 for janitorial supplies and equipment with OMNIA , dated 6/1/2024 (“Cooperative Contract”), in which Contractor agreed to sell JANITORIAL SUPPLIES AND EQUIPMENT to governmental agencies that are members of OMNIA’S Cooperative Purchasing Program (“Participating Public Agencies”); and WHEREAS, the City wishes to purchase janitorial supplies and equipment, pursuant to the terms of the Cooperative Contract and these Additional Terms.
N
OW THEREFORE, Contractor and the City agree as follows:
1. The City shall have all the same rights and obligations as OMNIA under the Cooperative Contract. The terms of the Cooperative Contract shall apply to purchase orders and shall control over any contrary terms included in quotations or purchase orders.
2. Contractor agrees that in-stock supplies or equipment shall be delivered to the City no later than Five (5) days after receipt of the order. Contractor will notify the City Buyer in writing if supplies or equipment that they are ordering are not in stock and will give a written estimate of the price, including shipping charges, and the anticipated delivery date to the City.
3. Contractor warrants and represents that the person or persons executing this Agreement on behalf of Contractor has or have been duly authorized by Contractor to sign this contract supplement and bind Contractor to the terms hereof.
4. Except as specifically modified herein, all terms and conditions of the Cooperative Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Agreement, as supplemented and modified by these Additional Terms.
Attachment 7 to Staff Report 2024-01927
Region 14 Education Service Center
RFP # 08-16 for Comprehensive Operational & Janitorial
Supplies Solutions made available through the National
Cooperative Purchasing Alliance
March 28, 2016
WAXIE Corporate Headquarters | 9353 Waxie Way, San Diego, CA 92123 | (858) 292-8111 www.waxie.com
Region 14 Education Service Center
1850 Highway 351
Abilene, Texas 79601
Re: Solicitation No. 08-16
Dear Region 14 ESC/NCPA,
WAXIE Sanitary Supply (“WAXIE”) is pleased to submit this response to the Region 14 Education Service Center (“Region 14 ESC”) RFP #08-16 for Comprehensive Operational & Janitorial Supplies Solutions.
WAXIE offers a fundamental change to how institutional supplies are procured in the Public Sector.
We are replacing the current multiple channel, highly specialized approach that results in a large number of supply contracts, ordering systems, points of communication, and sources of confusion with an intuitive, single ordering platform for multiple commodities.
WAXIE and our program partner, Brighton Cromwell, developed the ability to source through primary and secondary manufacturing and master distribution sources delivering a smooth ordering experience and a single invoice for orders across multiple commodity groups. This ordering system automatically chooses the lowest cost available to each customer for each item and the least expensive contract compliant delivery method.
Public Sector agencies will save substantially on the direct cost of supplies in all categories and will benefit significantly in the administration of these procurements. The costs for ordering, delivery, receiving, and payables can all be reduced. Supply ordering system training can be standardized across multiple departments making it much easier to implement than multiple contract channels.
WAXIE currently enjoys a substantial volume of business through our existing contract with Region 14 ESC for Janitorial Supplies Maintenance and Repair. This new method of consolidation of contracts, ordering, fulfillment, and invoicing will present Region 14 members and Public Sector agencies across the United States an opportunity to reduce their supply chain spend for a broad array of common institutional supplies.
In order to most clearly respond to Region 14 ESC’s RFP, WAXIE is providing responses or acknowledgements immediately below each section or sub-section in blue font. If you have any questions regarding our submitted information please contact me at [email protected] or (480) 213-1709.
Thank you again for the opportunity to present our proposal and we look forward to continuing to work together to bring value and sustainability to the Public Sector supply chain.
Sincerely,
Michael Muscara
Corporate Accounts Director
Request for Proposal (RFP) for Comprehensive Operational & Janitorial Supplies Solutions
Solicitation Number: 08-16
Publication Date: Monday, February 15th, 2016
Notice to Respondent:
Submittal Deadline: Tuesday, March 29th, 2016, 2:00 pm CST Questions regarding this solicitation must be submitted to [email protected] no later than Tuesday, March 22nd, 2016. 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 Comprehensive Operational and Janitorial Supplies Solutions 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 Comprehensive Operational and Janitorial Supplies Solutions, 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 no later than the submittal deadline in the offices of Region 14 ESC at the address below:
Region 14 Education Service Center
1850 Highway 351
Abilene, Texas 79601
Immediately following the deadline, all responses will be publically opened and the respondents recorded. Any response received later than the specified deadline, whether delivered in person or mailed, will be disqualified. Faxed or electronically submitted responses cannot be accepted.
Responses must be sealed and plainly marked with the company name and the opening date and time.
Two (2) bound and signed copies of the proposals and Two (2) electronic copies on CD, DVD, or flash drives (i.e. pin or jump drives) shall be provided.
Competitive Solicitation by
Region 14 Education Service Center
For
Comprehensive Operational & Janitorial Supplies
Solutions
On behalf of itself and other Government Agencies
And made available through the
National Cooperative Purchasing Alliance
RFP # 08-16
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 non- profit organizations (herein “Public Agency” or collectively “Public Agencies”) is soliciting proposals from qualified vendors to enter into a Master Agreement for a complete line of Comprehensive Operational and Janitorial Supplies Solutions.
♦ 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.
♦ 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)
➢ 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. ➢ Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Public Agencies;
➢ Achieve cost savings of Vendors and Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals; ➢ Combine the purchasing power of Public Agencies to achieve cost effective pricing; ➢ Reduce the administrative and overhead costs of Vendors and Public Agencies through state of the art purchasing procedures.
WAXIE acknowledges and agrees to all aspects of the Introduction/Scope section.
Instructions to Respondents
♦ Submission of Response
➢ Only sealed responses will be accepted. Faxed or electronically transmitted responses will not be accepted.
➢ Sealed responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC reserves the right to reject or accept any response. ➢ Deviations to the terms, conditions and/or specifications shall be conspicuously noted in writing by the respondent and shall be included with the response. ➢ 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
➢ Responses shall be provided in a three-ring binder or report cover using 8.5 x 11 paper clearly identified with the name of Respondents company and solicitation responding to on the outside front cover and vertical spine. Two (2) bound and signed copies of the proposals and Two (2) electronic copies on CD, DVD, or flash drives (i.e. pin or jump drives) shall be provided. 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.
♦ Binder Tabs
➢ Tab 1 – Signature Form
➢ Tab 2 – NCPA Administration Agreement
➢ Tab 3 – Vendor Questionnaire
➢ Tab 4 – Vendor Profile
➢ Tab 5 – Products and Services / Scope
➢ Tab 6 - References
➢ Tab 7 - Pricing
➢ Tab 8 – Value Added Products and Services
➢ Tab 9 – Required Documents
♦ Shipping Label
➢ The package must be clearly identified as listed below with the solicitation number and name of the company responding. All packaged must be sealed and delivered to the Region 14 ESC offices no later than the submittal deadline assigned for this solicitation.
From: Mike Muscara____________________________________ Company: Waxie’ s Enterprises, Inc. dba WAXIE Sanitary Supply _ Address: 9353 Waxie Way__________________________________ City, State, Zip: San Diego, CA 92123______________________________ Solicitation Name and Number: RFP 08-16 for Comprehensive Operational & Janitorial__ Supplies Solutions_________________________________
Due Date and Time: Tuesday, March 29th, 2016; 2:00pm CST _______________
WAXIE acknowledges and agrees to all aspects of the Instructions to Respondents section.
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.
♦ Assignment of Contract
➢ No assignment of contract may be made without the prior written approval of Region 14 ESC. Awarded vendor is required to notify Region 14 ESC when any material change in operation is made.
♦ 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. ➢ 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
➢ Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew annually for an additional five (5) years if agreed to by Region 14 ESC and the vendor.
♦ 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.
♦ 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.
♦ Tax Exempt Status
➢ Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.
♦ Payments
➢ The entity using the contract will make payments directly to the awarded vendor or their affiliates as long as written request and approval by NCPA is provided to the awarded vendor.
♦ Adding authorized distributors/dealers
➢ Awarded vendors are prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under their contract award without notification and prior written approval from NCPA.
➢ Awarded vendors must notify NCPA each time it wishes to add an authorized distributor or dealer.
➢ Purchase orders and payment can only be made to awarded vendor unless otherwise approved by NCPA.
➢ 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, unless otherwise approved by NCPA.
♦ Pricing
➢ All pricing submitted to 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.
➢ All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
WAXIE Sanitary Supply is offering the following price and delivery program:
o Within WAXIE Sanitary Supply’s normal company owned truck delivery zones, all orders are delivered with no minimum order and no freight charges. o Outside of WAXIE Sanitary Supply’s normal company truck delivery zones, all orders shall have no minimum and shall be delivered on a freight prepay and add basis.
The same pricing and delivery parameters shall prevail for any subcontractors WAXIE utilizes for contract fulfillment in states where we do not operate.
Special Pricing and Delivery Terms:
Alaska
WAXIE Sanitary Supply operates in the State of Alaska. Due to Alaska’s extraordinary environment and the distances and expense required to operate in Alaska, the following terms shall apply.
A twenty-nine (29) cent per pound additional charge shall be added to all prices quoted for the continental U.S. for delivery in WAXIE Sanitary Supply’s normal delivery area in Anchorage and Fairbanks.
Outside of WAXIE Sanitary Supply’s normal truck delivery area in Anchorage and Fairbanks, the Alaska price plus freight on a prepay and add basis.
Delivery to remote areas is on an availability of transportation basis. Some areas have no deliveries in the winter months.
Hawaii, Puerto Rico and US Territories
All orders outside contiguous United States and Alaska will be charged contract price plus actual freight.
WAXIE prices are based on a category minimum discount off list price. Each line item is individually priced at or below the category discount percentage. This allows WAXIE to provide the best pricing for each line item and increases the contract’s value to the end user.
List prices are based on manufacturers’ or Master Distributors’ list price in effect on April 1, 2016 or WAXIE list price effective on March 1, 2016. WAXIE publishes list prices on the first of each month. March 1, 2016 WAXIE Price Pages will be provided upon request. Category discounts are included on our price spreadsheet.
♦ Adding authorized distributors/dealers
➢ Awarded vendors are prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under their contract award without notification and prior written approval from NCPA.
➢ Awarded vendors must notify NCPA each time it wishes to add an authorized distributor or dealer.
➢ Purchase orders and payment can only be made to awarded vendor unless otherwise approved by NCPA.
➢ 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, unless otherwise approved by NCPA.
Since many Public Sector agencies require or prefer to work through a disadvantaged business partner WAXIE has developed a network of reputable small disadvantaged businesses that we authorize to support the contract through sales, customer service, and other commercially useful functions. The current list of companies is:
o Brighton Cromwell, a federal small business;
o Document Imaging Dimensions, a women and veteran owned business; o MANS Distributing Inc., a women and minority owned business; o J Hurley Company, a service related disabled veteran owned business; o Vet Force Inc., a service related disabled veteran owned business; and o Sustain One, a minority and women owned business.
♦ 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.
WAXIE’s supplier and product selection practice combined with operational and logistical excellence insure uniform quality and consistency in product performance and customer service. WAXIE stands behind manufacturer’s full warranty for all products we sell and distribute. If dissatisfied with performance of any product, all unopened and unused portion may be returned for credit within one year of the date of manufacture. Use product as directed, wear personal protection equipment where appropriate, and read and understand all precautionary statements.
Availability of replacement parts
WAXIE has over $2,000,000 in replacement parts in inventory at any given time. Most replacement parts will be delivered in the same time frame as normal product delivery.
Parts requiring a special order will be shipped under freight conditions unless the customer chooses to expedite shipping. Expedited shipping charges will be the responsibility of the customer.
Life expectancy of equipment under normal use
Manufacturers’ warranties are the only warranties available to the customer. The life expectancy of the equipment varies based on a variety of factors including weather, intensity of use, daily maintenance and other factors. For these reasons, there is no standard for the life expectancy of Janitorial Equipment.
Detailed information as to proposed return policy on all equipment
WAXIE stands behind manufacturer’s full warranty for all products we sell and distribute. If dissatisfied with performance of any product, all unopened and unused portion may be returned for credit within one year of the date of manufacture. Use product as directed, wear personal protection equipment where appropriate, and read and understand all precautionary statements.
♦ 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 employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.
WAXIE requests reciprocal indemnification using the following language:
Region 14 ESC and its participants, administrators, employees and agents shall protect, indemnify, and hold harmless WAXIE and its officers, agents and employees against all claims, damages, losses and expenses arising out of or resulting from the actions of the end user in the preparation of the solicitation and the later execution of the contract.
♦ Franchise Tax
➢ The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.
♦ 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.
♦ 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.
WAXIE's corporate insurance policies do not provide a (10) day notice of modification/cancellation. However, WAXIE recently celebrated our 70th anniversary and in that time, WAXIE has never had a day without insurance coverage. In the extreme unlikelihood that insurance is cancelled by our carrier, WAXIE will notify Region 14 ESC at the first possible opportunity. ♦ 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.
♦ 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. No protest shall lie for a claim that the selected Vendor is not a responsible Bidder. 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.
♦ 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 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. ➢ 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
♦ 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. ♦ 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.
♦ 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).
➢ 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.
Except where indicated otherwise, WAXIE acknowledges and agrees to all other aspects of the General Terms and Conditions section.
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) years starting from the date of the award. The contract may be renewed for up to five (5) additional one-year terms. ♦ 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 $35 - $60 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
➢ 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.
WAXIE is pleased to have had an agreement in place with Region 14 ESC over the past four years and we look forward to continuing to provide superior administrative performance, exceptional levels of customer satisfaction, and mandating that customers’ interests drive every decision we make as well as every solution we offer.
WAXIE has been delivering superior customer service for over 75 years. Currently WAXIE manages over 5,000 public sector accounts throughout the US and rarely has a service related
issue. Our experience with State purchasing cooperatives and price group purchasing cooperatives in the public sector accounts for over 25% of our total business.
Our partner Brighton Cromwell is a very fast growing supply source integration and logistics company that has prospered under the difficult rules of business in the federal sector. Brighton Cromwell has a perfect record with the Defense Logistics Agency in delivering highly complex contract requirements worldwide including into active war zones.
Our combined customer touches, through orders and deliveries, exceed three million instances annually. Both of our companies are highly invested in customer service and highly capable of delivering superior service to all of our customers.
Except where indicated otherwise, WAXIE acknowledges and agrees to all other aspects of the Process section.
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. ➢ Quantity of line items available that are commonly purchased by the entity. ➢ Quality of line items available compared to normal participating entity standards.
♦ 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
➢ Customer Service
WAXIE acknowledges and agrees to all aspects of the Evaluation Criteria section.
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 Waxie’s Enterprises, Inc. dba WAXIE Sanitary Supply
Address 9353 Waxie Way
City/State/Zip San Diego, CA 92123
Telephone No. Office: 800/292-9437 x641; Cell: 480/213-1709
Fax No. 619/615-2150
Email address [email protected]
Printed name Mike Muscara
Position with company Corporate Account Director
Authorized signature
Except where indicated otherwise, WA XIE acknowledges and agrees to all other aspects of Tab 1.
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 Comprehensive Operational and Janitorial Supplies Solutions; 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 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 April 11, 2016
Waxie's Enterprises
April 11, 2016
02-27
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 monthly or quarterly report showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices at [email protected].
Reports are due on the fifteenth (15th) day after the close of the previous month or 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.
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 underreporting 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.
WAXIE requests reciprocity using the following language:
NCPA and Region 14 ESC agree to allow WAXIE to use their names and logos within website, marketing materials and advertisement. Any use of WAXIE name and logo or any form of publicity regarding this contract by NCPA or Region 14 ESC must have prior approval by WAXIE.
➢ 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. Any assignment without such consent will be void.
➢ 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.
Except where indicated otherwise, WAXIE acknowledges and agrees to all other aspects of Tab 2.
Signature:
Date: March 28, 2016
National Cooperative Purchasing Alliance:
Name:
Vendor: WAXIE Sanitary Supply
Name: Mike Muscara
Title: Title: Corporate Accounts Director
Address: Address: 9353 Waxie Way
San Diego, CA 92123
Signature: ________________________________________
Date:
Matthew Mackel
Director, Business Development
PO Box 701273
Houston, TX 77270
April 11, 2016
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. Pricing and any additional transportation charges are described completely in the General Terms and Conditions section of Tab 1 and in Tab 7
__X__ 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 Nebraska Washington
District of Columbia Nevada 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
__X__ All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below)
American Somoa Northern Marina Islands
Federated States of Micronesia Puerto Rico
Guam U. S. Virgin Islands
Midway Islands
Please reference our pricing and delivery program in the Pricing section of Tab 1 and in Tab 7.
♦ 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
• Respondent Certifies that this firm is a M/WBE
▪ Historically Underutilized Business
• Respondent Certifies that this firm is a HUB
Please note that WAXIE is not a Minority and Women Owned Business Enterprise. Since many Public Sector agencies require or prefer to work through a disadvantaged business partner, WAXIE has developed a network reputable small disadvantaged businesses that we are authorizing to support the contract through sales, customer service, and other commercially useful functions. The current list of such companies can be found in the Authorized Distributors section of Tab 1 in this response, including the Minority and Women Owned businesses MANS, Inc., Sustain One, and DID, Inc.
♦ Residency
➢ Responding Company’s principal place of business is in the city of San Diego_____, State of CA
➢ Felony Conviction Notice
➢ 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
➢ 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 / Accounts Payable
Contact Person: Sales Reports: Jorge Vazquez / Accounts Payable: Aldo Preciado Title: Jorge - Sales Analyst / Aldo – Market Segment Specialist Company: WAXIE Sanitary Supply
Address: 9353 Waxie Way___________________________________________ City: San Diego State: CA Zip: 92123
Phone: 800/544-8054 x 648/ x 649 Email: [email protected]/[email protected]
▪ Purchase Orders
Contact Person: Aldo Preciado
Title: Market Segment Specialist
Company: WAXIE Sanitary Supply
Address: 9353 Waxie Way
City: San Diego State: CA Zip: 92123
Phone: 800/544-8054 x 649 Email: [email protected]
▪ Sales and Marketing
Contact Person: Mike Muscara
Title: Corporate Account Director
Company: WAXIE Sanitary Supply
Address: 9353 Waxie Way
City: San Diego State: CA Zip: 92123
Phone: Office: 800/292-9437 x641; Cell: 480/213-1789
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.
▪ 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
Tab 4 – Vendor Profile
Please provide the following information about your company:
♦ Company’s official registered name.
Our legally registered name is Waxie’s Enterprises, Inc. ♦ Brief history of your company, including the year it was established. Founded in 1945, WAXIE Sanitary Supply is a 71-year-old, privately held, family owned company with a proud history of honoring our clients, communities, and family values.
This attitude is embodied in our company motto: “The Most Trusted Name In Clean.
Since 1945.” WAXIE has long been focused on our customers and prides ourselves on helping businesses keep their facilities cleaner, healthier, greener and safer. We are passionate about what we do and committed to delivering that passion to our customers.
WAXIE is among the largest distributors of sanitary supplies and equipment in the Western USA and is one of the largest family owned distributors in the nation. We differentiate ourselves by having orders delivered on time, at the right price, with exceptional customer service. We are here to listen to our clients and respond to their needs. Our average fill rate on orders is 97%.
For the past 7 decades, WAXIE has remained the industry leader in the distribution of quality institutional supplies to the Public Sector, commercial, industrial, and contractor markets in the United States and abroad.
♦ Company’s Dun & Bradstreet (D&B) number.
02-914-2577
♦ Company’s organizational chart of those individuals that would be involved in the contract. Please see Exhibit A for an organizational charts of WAXIE individuals to be involved in this contract. We have included our corporate and operational zone organizational charts. ♦ Corporate office location.
➢ List the number of sales and services offices for states being bid in solicitation. WAXIE’s corporate office is located in San Diego, CA. Additionally, we have (21) twenty- one sales and services offices located throughout Alaska, Arizona, California, Colorado, Idaho, Nevada, Oregon, Utah, and Washington.
➢ List the names of key contacts at each with title, address, phone and e-mail address. Please see Exhibit B for a listing of all of our office locations and the key contact information for each.
♦ Define your standard terms of payment.
WAXIE’s standard payment terms are Net 30.
♦ Who is your competition in the marketplace?
Our competition includes the following:
W.W. Grainger, Inc.
Staples, Inc.
Office Depot, Inc.
MSC Corp.
Fastenal
Veritiv Corp.
W.B. Mason, Inc.
Woolsley, Inc.
♦ What differentiates your company from competitors?
WAXIE, a relatively small company, has been able to set standards for sustainable supply chain development in the institutional supply segment for Public Sector contracts. Through the creative use of discounting and programs that encourage customers to change procurement process behavior, WAXIE has contributed to the greening of the supply chain since 2004.
Those same sustainability principles are currently applied through all of the categories we can source. We are able to accomplish this by creating specific programs that match the needs of individual customers, under the umbrella of our national group purchasing contracts.
Through negotiated Supplemental Agreements WAXIE encourages sustainability enhancing behaviors from our contract customers such as:
• Full electronic commerce with order to invoice;
• Automated payment handled electronically with no exchange of paper invoices or checks; • Increases in order size through order volume discounting; • Purchase of third party verified green products whenever possible; • Participation in a complete Deliver Clean Savings account audit that brings substantial supply chain savings;
• Drop shipment large volume orders for many products.
All of these programs allow us to reduce our operating costs and the impact on the environment of contract fulfillment, and pass those savings along to our contract customers.
♦ Describe how your company will market this contract if awarded. Marketing Initiatives – WAXIE, Brighton Cromwell, our Disadvantaged Business partners, and our manufacturers will do the following to market the Region14/NCPA contract nationally:
WAXIE
• Our sales force of over 200 will be trained in all features and benefits of the contract and will bring the contract to all available Public Sector entities eligible for its use as our first option.
• WAXIE’s teleservice sales force will also be trained and will be marketing the contract to Public Sector agencies throughout the United States.
• WAXIE will feature the NCPA contract at all of the trade shows we attend including NIGP nationally, state wide ASBO’s, statewide purchasing groups like CAPPO in CA, Corrections Industries, NASPO, and many others.
• WAXIE will transmit contract information regularly to both current and prospective customers via a robust email marketing campaign.
Brighton Cromwell
• Brighton Cromwell will educate its internal telesales and external sales force on the features and benefits of the contract and use the contract as its first choice for nonfederal Public Sector opportunities.
• Brighton Cromwell will coordinate both email and telemarketing outreach programs to prospective NCPA clients.
• Brighton Cromwell will communicate to all current customers through the contract web ordering portal www.waxiencpa.com
.
• Brighton Cromwell will use SEO and related tools to include social media to identify, market to, and promote the use of the NCPA contract.
Disadvantaged Business affiliates – All of our participating customers provide additional exposure for the contract at trade shows and through their web sites.
♦ Describe how you intend to introduce NCPA to your company. WAXIE enjoys an existing contract with Region 14 ESC and NCPA; our sales force is very aware of the strength of that contract. The new contract information will be communicated at sales meetings at every branch office of WAXIE and Brighton Cromwell. In addition, a detailed SOP Manual will be created for the new contract and placed in an online reference area that all Sales and Operations personnel can access. On our website www.waxie.com, a new contract
page with all information necessary for current and prospective customers will be posted within thirty (30) days of award.
♦ Describe your firm’s capabilities and functionality of your on-line catalog / ordering website. The WAXIE/Brighton Cromwell ecommerce platform is a proven, tested application allowing users to access over 150,000 standard stocked, priced parts and to request price and availability for non-stocked items. The site (www.waxiencpa.com) houses dozens of commodity groups supporting fleet, facilities, food service, laundry, and office supply. The system is fully mobile enabled and has the following features:
• User friendly/intuitive screen for ordering parts.
• Fully “cloud” based solution with no software or firmware installation required.
• The ability to login remotely and to validate the user as an approved user. • The ability to search by part number and nomenclature or drill into commodities. • The ability to request pricing and availability for non -catalog items regardless of brand name or user location
• The ability to create a multi-part order “cart” or a single line item order. • The ability to place orders for multiple product lines and commodities on one purchase order.
• The ability to create orders from remote and mobile locations in real time. • A print option for all orders placed to include the PO#. • The ability to store and edit multiple “shopping carts” for future re-use/reorder. • The ability to update parts quantities up to the point of order confirmation. • The ability to run user purchase history reports online. • The ability to support multiple ship-to locations for an individual approved user. • The ability to assign individual approved users rights, restrictions, and roles. • Functionality to provide users ability to access status of all orders and deliveries. • Messaging capability to allow for approved users to communicate with customer service. • Live customer service and dedicated client support representatives. • On-line help/tutorial.
• Print capability.
• Daily data backup.
• Program and database security IAW commercially accepted standards. • Off-site DPR and “hot site” dual capability is live as part of a disaster mitigation plan.
♦ Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.)
WAXIE employs over 50 Customer Service Representatives supporting over 200 sales professionals and all of our customers. Each of our 21 locations provides local customer service and our Home Office provides customer service to all of our GPO contract customers as well as our other corporate and strategic accounts.
Hours of operation for customer service are 8am Eastern to 5pm Pacific. Customers may call in to 800/544-8054 x649 to contact Aldo Preciado, the primary contact for orders and service inquiries. Aldo can also be reached by email at [email protected].
Additional customer service support is provided by Brighton Cromwell for any web related customer services issues or inquiries. Brighton Cromwell customer service is available between 6:00am to 4:00pm Pacific with on-call support available until 5:00pm Pacific.
Dedicated customer service can be reached via email or by calling 973/252-4100.
♦ Green Initiatives
➢ 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.
WAXIE shares NCPA’s and Region 14 ESC’s emphasis on minimizing our impact on the Earth’s climate as well as employing environmentally responsible practices. WAXIE is a leader in green and sustainable options for our partners. WAXIE is committed to being an industry leader in promoting responsible business practices that support sustainable communities that are secure, economically prosperous, environmentally responsible and healthy places in which to live and work. Sustainability has emerged as a global theme of the 21st century – it is a concept which balances the interconnectedness of the environment, the economy and our quality of life. Please see Exhibit C for our Commitment to Sustainability brochure.
WAXIE has led the development of sustainable supply chain contracts in the Public Sector since 2004 and we are recognized as a leader in both the sale of and development of green cleaning products as well as operating our company as environmentally appropriately as possible. Here are some of our initiatives:
• WAXIE has committed to building all new buildings to LEED Silver and has two new Regional Inventory Centers that are LEED Silver Certified, Salt Lake City, UT and Mesa, AZ. The WAXIE Livermore facility is currently seeking LEED-EB certification. • WAXIE has converted our four California Regional Inventory Centers to LED lighting.
• Photovoltaic Solar Panels have been installed at all California locations. Other locations are being evaluated for solar power.
• WAXIE has purchased and operates several CNG powered delivery trucks. These trucks are being operated out of our Santa Ana, CA facility and the program will be expanded to other areas as CNG filling stations become more common. • WAXIE has the largest selection of green cleaning products, sanitary paper, and hand care products in the US.
• WAXIE has introduced a new line of bio-based products under our brand. • WAXIE is a member of the USGBC with ten LEED EB Accredited Professionals on staff.
• WAXIE recycles all of its corrugated card board, office paper, plastic wrap, and pallets at all of our facilities.
• Brighton Cromwell offers a full line of EPA approved Energy Star items. This includes lighting, power tools, appliances, HVAC items, plumbing supplies, building materials and more.
• Brighton Cromwell actively promotes brands such as GreenWorks, a line of energy efficient, chargeable outdoor power products.
• Brighton Cromwell participates in the “Envirolink” program, with over 2,000 stocked items that save water, are energy efficient, are recyclable, conserve resources, or are Energy Star qualified.
• Brighton Cromwell is a leading provider of pre-packaged vehicle maintenance and repair kits which results in dramatically reduced packaging and environmental waste.
• Brighton Cromwell recycles all its corrugated card board, office paper, plastic wrap, and pallets at all of its facilities.
Over the past 12 years, WAXIE has developed a wealth of tools and initiatives to support a more environmentally sustainable portfolio of products and programs.
Our WAXIE GPS® Green Partner Support™ program is unparalleled in helping organizations reach their sustainability goals. This program and process allows WAXIE to determine customized needs in a balanced approach summarizing and measuring for management oversight; while still conducting site surveys and providing the right product mix for customer-facing operations. Please see Exhibit D for our Green Partner Support brochure.
♦ Vendor Certifications (if applicable)
➢ 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.
Please see Exhibit E for a listing of our licenses and registrations.
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.
♦ The following is a list of suggested (but not limited to) categories. List all categories along with manufacturer that you are responding with:
Contract Category Minimum Category
Discount
Cleaning Supplies - Floor and carpet cleaning tools, window cleaning tools, general purpose cleaning tools and accessories. 30% Cleaning Chemicals 30%
3M Cleaning Tools 15%
3M Diamond Grit Floor Pads 15%
Spartan Chemical 20%
Dilution Control Cleaning Chemical Systems 30%
Floor Finishes and Floor Sealers 40%
Wood Floor Cleaning and Maintenance Products 30%
Battery Operated Cleaning Equipment 18%
Cord electric Powered Equipment 28%
Gas, diesel and propane powered cleaning equipment 10%
Direct Wired Electrical Equipment 10%
Equipment Parts and Accessories 10%
Paper Products - Toilet Tissue, Paper Towels, Facial Tissues 50% Plastic Can Liners 50%
Laundry Products 40%
Ware Washing Products 40%
Food Service Disposable Products 30%
Air Filters 12%
Appliances 10%
Automotive 12%
Building Materials 10%
Electrical Repairs and Equipment 15%
Electronics & Technology 11%
Farm & Ranch 12%
Fasteners 15%
Furniture 10%
General 7%
Hand Tools 11%
HVAC 10%
Lamps, Ballasts, Fixtures 15%
Lawn & Garden 10%
Material Handling 10%
Office Supplies 10%
Paint and Accessories 7%
Plumbing 15%
Pneumatic Tools 7%
Power Tools & Accessories 7%
Safety & Security 12%
Welding and Soldering 8%
WAXIE understands and acknowledges the requirements in Tab 5. We have substituted our products and services categories for the sample categories that appeared on the original RFP.
WAXIE will add categories beyond those listed above as they become available.
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:
➢ Entity Name
➢ Contact Name and Title
➢ City and State
➢ Phone
➢ Years Serviced
➢ Description of Services
➢ Annual Volume
Please see Exhibit F for a comprehensive list of WAXIE’s customer references.
WAXIE acknowledges and understands the quantity and range of references being requested in Tab 6.
We are confident the quantity, quality, and range of government entity groups provided in Exhibit E will not only satisfy but exceed this requirement.
Tab 7 – Pricing
♦ Please submit price list electronically (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 see Exhibit J of our electronic submission for our complete price list. ♦ Price lists must contain the following:
➢ Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers).
➢ Description
➢ Vendor’s List Price
➢ Percent Discount to NCPA participating entities
♦ Submit price list electronically on CD, DVD, or Flash Drive. Include respondents name, name of solicitation, and date on media of choice.
♦ Not To Exceed Pricing
➢ NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity. ➢ The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.
➢ NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.
As indicated in the General Terms and Conditions of Tab 1, WAXIE offers the following policies with regard to pricing:
WAXIE Sanitary Supply is offering the following price and delivery program:
o Within WAXIE Sanitary Supply’s normal company owned truck delivery zones, all orders are delivered with no minimum order and no freight charges. o Outside of WAXIE Sanitary Supply’s normal company truck delivery zones, all orders shall have a no minimum and shall be delivered on a freight prepay and add basis.
The same pricing and delivery parameters shall prevail for any subcontractors WAXIE utilizes for contract fulfillment in states where we do not operate.
Special Pricing and Delivery Terms:
Alaska
WAXIE Sanitary Supply operates in the State of Alaska. Due to Alaska’s extraordinary environment and the distances and expense required to operate in Alaska, the following terms shall apply.
A twenty-nine (29) cent per pound additional charge shall be added to all prices quoted for the
continental U.S. for delivery in WAXIE Sanitary Supply’s normal delivery area in Anchorage and Fairbanks.
Outside of WAXIE Sanitary Supply’s normal truck delivery area in Anchorage and Fairbanks, the Alaska price plus freight on a prepay and add basis.
Delivery to remote areas is on an availability of transportation basis. Some areas have no deliveries in the winter months.
Hawaii, Puerto Rico and US Territories
All orders outside contiguous United States and Alaska will be charged contract price plus actual freight.
WAXIE prices are based on a category minimum discount off list price. WAXIE prices are based on a minimum discount by category. Each line item is individually priced at or below the category discount percentage. This allows WAXIE to provide the best pricing for each line item and increases the contract’s value to the end user.
List prices are based on manufacturers’ or Master Distributors’ list price in effect on April 1, 2016 or WAXIE list price effective on March 1, 2016. WAXIE publishes list prices on the first of each month. March 1, 2016 WAXIE Price Pages will be provided upon request. Category discounts are included on our price spreadsheet.
WAXIE acknowledges and understands the pricing requirements as delineated in Tab 7.
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.
WAXIE adds value to our partnerships in numerous ways, Including but limited to the following:
• WAXIE Deliver Clean Savings (DCS®)
• WAXIE Green Partner Support (GPS®)
• WAXIE Web Based Training
• WAXIE Onsite Training
• WAXIE Specialists
• Brighton Cromwell “Spot Buy” Functionality
• Dedicated Customer Support
WAXIE Deliver Clean Savings
Qualifying customers can take advantage of WAXIE’s premier consulting service for supply chain analysis. To qualify, customers must agree to purchase their supplies from WAXIE through the NCPA contract and participate fully in the survey process. The program requires participation by procurement as well as all necessary operating departments. Cost reductions of 20-25% hard costs are a common result. Please see Exhibit G for the WAXIE DCS Brochure for Higher Education and a sample DCS power point presentation.
WAXIE Green Partner Support
Customers that are interested in working with WAXIE to investigate all areas of sustainability in their buildings can utilize WAXIE’s GPS program. The program is designed to survey and recommend product and process changes that have a lasting positive effect on the environment. The program allows for tracking green product spend as well as employee training on the proper products and processes to reduce the overall impact on the environment of cleaning operations.
Please see Exhibit H for our GPS program brochure along with a sample outcome.
WAXIE Web Based Training
WAXIE’s online training provides basic custodial operations training and testing online. The program allows supervisors to track and archive employee performance. All modules are available in English and Spanish. Please see Exhibit I for WAXIE’s online training brochure.
WAXIE Onsite training
Customers can receive customized training programs onsite through WAXIE’s over 200 sales professionals and through our manufacturer’s representatives and their training staffs.
WAXIE Specialists
WAXIE offers the most knowledgeable and well trained consulting capacity of any facility supply company. WAXIE employs Equipment and Chemical Specialists at all our locations to provide answers and best practices with regard to utilization and efficacy of the equipment and chemical products we sell.
Brighton Cromwell “Spot Buy” Functionality
Customers can inquire about pricing and availability for virtually any item within the contract scope.
Brighton Cromwell is not restricted in its product offering by geographic or product boundaries. As sourcing and procurement professionals Brighton Cromwell is able to provide product well outside of its standard, stocked items and supply chain.
Dedicated Customer Support
Customers can access dedicated contract specific customer service professionals. These individuals are able to respond to any and all questions or concerns related to the website (www.waxiencpa.com
), product scope, spot buys, or order status.
Tab 9 – Required Documents
♦ Clean Air and Water Act / Debarment Notice
♦ Contractors Requirements
♦ Antitrust Certification Statements
♦ FEMA Standard Terms and Conditions Addendum for Contracts and Grants
♦ Required Clauses for Federal Assistance by FTA
♦ State Notice Addendum
WAXIE acknowledges and understands and is please to sign all documents contained in Tab 9.
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 San Diego, CA 92123
Authorized signature
Date
9353 Waxie Way
March 28. 2016
WAXIE Sanitary Supply
Mike Muscara
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
March 28, 2016 Date
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 WAXIE Sanitary Supply
Address 9353 Waxie Way
City/State/Zip San Diego, CA 92123
Telephone No. Office: 800/292-9437 x641; Cell: 480/213-1709
Fax No. 619/615-2150
Email address [email protected]
Printed name Mike Muscara
Position with company Corporate Account Director
Authorized signature
FEMA Standard Terms and Conditions Addendum for Contracts and Grants
If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency (“FEMA”) grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 (“44 CFR 13”).
In addition, Contractor agrees to the following specific provisions:
1) Pursuant to 44 CFR 13.36(i)(1), University is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor’s compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43.
2) Pursuant to 44 CFR 13.36(i)(2), University may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44. 3) Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws:
a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60);
b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-30) as supplemented by DOL regulations (29 CFR Part 5);
e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation play issued in compliance with the Energy Policy and Conservation Act (Pub. L.94-163, 89 Stat. 871).
4) Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41. 5) Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions 72 regarding patents:
a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the participating agency and be disposed of in accordance with the participating agencies policy. The participating agency, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries. 6) Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights:
a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes:
1) The copyright in any work developed under a grant or contract; and 2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. 7) Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as the participating agency deems necessary, Contractor shall permit participating agency, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions. 8) Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or participating agency makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42.
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
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)).
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.
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.
State Notice Addendum
Pursuant to certain state notice provisions the following public agencies and political subdivisions of the referenced public agencies are eligible to access the contract award made pursuant to this solicitation. Public agencies and political subdivisions are hereby given notice of the foregoing request for proposal for purposes of complying with the procedural requirement of said statutes:
Nationwide: http://www.usa.gov/Agencies/Local_Government/Cities.shtml
Other States: Cities, Towns, Villages, and Boroughs
No.
Cities, Towns, Villages and Boroughs in Oregon
54 CITY OF MOSIER
55 CITY OF NEWBERG
1 CEDAR MILL COMMUNITY LIBRARY
2 CITY COUNTY INSURANCE SERVICES
3 CITY OF ADAIR VILLAGE
4 CITY OF ALBANY
5 CITY OF ASHLAND
6 CITY OF ASTORIA OREGON
7 CITY OF AUMSVILLE
8 CITY OF AURORA
9 CITY OF BEAVERTON
10 CITY OF BOARDMAN
11 CITY OF BURNS
12 CITY OF CANBY
13 CITY OF CANNON BEACH OR
14 CITY OF CANYONVILLE
15 CITY OF CENTRAL POINT POLICE DEPARTMENT
16 CITY OF CLATSKANIE
17 CITY OF COBURG
18 CITY OF CONDON
19 CITY OF COOS BAY
20 CITY OF CORVALLIS
21 CITY OF COTTAGE GROVE
22 CITY OF CRESWELL
23 CITY OF DALLAS
24 CITY OF DAMASCUS
25 CITY OF DUNDEE
26 CITY OF EAGLE POINT
27 CITY OF ECHO
28 CITY OF ESTACADA
29 CITY OF EUGENE
30 CITY OF FAIRVIEW
31 CITY OF FALLS CITY
32 CITY OF GATES
33 CITY OF GEARHART
34 CITY OF GERVAIS
35 CITY OF GOLD HILL
36 CITY OF GRANTS PASS
37 CITY OF GRESHAM
38 CITY OF HAPPY VALLEY
39 CITY OF HILLSBORO
40 CITY OF HOOD RIVER
41 CITY OF JOHN DAY
42 CITY OF KLAMATH FALLS
43 CITY OF LA GRANDE
44 CITY OF LAKE OSWEGO
45 CITY OF LAKESIDE
46 CITY OF LEBANON
47 CITY OF MALIN
48 CITY OF MCMINNVILLE
49 CITY OF MEDFORD
50 CITY OF MILL CITY
51 CITY OF MILLERSBURG
52 CITY OF MILWAUKIE
53 CITY OF MORO
56 CITY OF NORTH PLAINS
57 CITY OF OREGON CITY
58 CITY OF PHOENIX
59 CITY OF PILOT ROCK
60 CITY OF PORT ORFORD
61 CITY OF PORTLAND
62 CITY OF POWERS
63 CITY OF REDMOND
64 CITY OF REEDSPORT
65 CITY OF RIDDLE
66 CITY OF SALEM
67 CITY OF SANDY
68 CITY OF SANDY
69 CITY OF SCAPPOOSE
70 CITY OF SEASIDE
71 CITY OF SHADY COVE
72 CITY OF SHERWOOD
73 CITY OF SPRINGFIELD
74 CITY OF ST. PAUL
75 CITY OF STAYTON
76 CITY OF TIGARD, OREGON
77 CITY OF TUALATIN, OREGON
78 CITY OF WARRENTON
79 CITY OF WEST LINN/PARKS
80 CITY OF WILSONVILLE
81 CITY OF WINSTON
82 CITY OF WOOD VILLAGE
83 CITY OF WOODBURN
84 CITY OF YACHATS
85 FLORENCE AREA CHAMBER OF COMMERCE
86 GASTON RURAL FIRE DEPARTMENT
87 GLADSTONE POLICE DEPARTMENT
88 HOUSING AUTHORITY OF THE CITY OF SALEM
89 KEIZER POLICE DEPARTMENT
90 LEAGUE OF OREGON CITIES
91 MALIN COMMUNITY PARK AND RECREATION DISTRICT
92 METRO
93 MONMOUTH - INDEPENDENCE NETWORK
94 PORTLAND DEVELOPMENT COMMISSION
95 RAINIER POLICE DEPARTMENT
96 RIVERGROVE WATER DISTRICT
97 SUNSET EMPIRE PARK AND RECREATION
98 THE NEWPORT PARK AND RECREATION CENTER
99 TILLAMOOK PEOPLES UTILITY DISTRICT
100 TUALATIN VALLEY FIRE & RESCUE
101 WEST VALLEY HOUSING AUTHORITY
No. Counties and Parishes
1 ASSOCIATION OF OREGON COUNTIES
2 BENTON COUNTY
3 CLACKAMAS COUNTY DEPT OF TRANSPORTATION
4 CLATSOP COUNTY
5 COLUMBIA COUNTY, OREGON
6 COOS COUNTY HIGHWAY DEPARTMENT
7 CROOK COUNTY ROAD DEPARTMENT
8 CURRY COUNTY OREGON 3 BAKER SCHOOL DISTRICT 5-J
9 DESCHUTES COUNTY 4 BANDON SCHOOL DISTRICT
10 DOUGLAS COUNTY 5 BANKS SCHOOL DISTRICT
11 GILLIAM COUNTY 6 BEAVERTON SCHOOL DISTRICT
12 GILLIAM COUNTY OREGON 7 BEND / LA PINE SCHOOL DISTRICT 13 GRANT COUNTY, OREGON 8 BEND-LA PINE SCHOOL DISTRICT
14 HARNEY COUNTY SHERIFFS OFFICE 9 BROOKING HARBOR SCHOOL DISTRICT NO.17-C 15 HOOD RIVER COUNTY 10 CANBY SCHOOL DISTRICT
16 HOUSING AUTHORITY OF CLACKAMAS COUNTY 11 CANYONVILLE CHRISTIAN ACADEMY 17 JACKSON COUNTY HEALTH AND HUMAN SERVICES 12 CASCADE SCHOOL DISTRICT 18 JEFFERSON COUNTY 13 CASCADES ACADEMY OF CENTRAL OREGON 19 KLAMATH COUNTY VETERANS SERVICE OFFICE 14 CENTENNIAL SCHOOL DISTRICT 20 LAKE COUNTY 15 CENTRAL CATHOLIC HIGH SCHOOL
21 LANE COUNTY 16 CENTRAL POINT SCHOOL DISTRICT NO. 6
22 LINCOLN COUNTY 17 CENTRAL SCHOOL DISTRICT 13J
23 LINN COUNTY 18 CLACKAMAS EDUCATION SERVICE DISTRICT
24 MARION COUNTY , SALEM, OREGON 19 COOS BAY SCHOOL DISTRICT 25 MORROW COUNTY 20 COOS BAY SCHOOL DISTRICT NO.9
26 MULTNOMAH COUNTY 21 COQUILLE SCHOOL DISTRICT 8
27 MULTNOMAH COUNTY 22 COUNTY OF YAMHILL SCHOOL DISTRICT 29 28 MULTNOMAH LAW LIBRARY 23 CRESWELL SCHOOL DISTRICT
29 NAMI LANE COUNTY 24 CROSSROADS CHRISTIAN SCHOOL
30 POLK COUNTY 25 CULVER SCHOOL DISTRICT NO.
31 SHERMAN COUNTY 26 DALLAS SCHOOL DISTRICT NO. 2
32 UMATILLA COUNTY, OREGON 27 DAVID DOUGLAS SCHOOL DISTRICT 33 UNION COUNTY 28 DAYTON SCHOOL DISTRICT NO.8
34 WALLOWA COUNTY 29 DE LA SALLE N CATHOLIC HS
35 WASCO COUNTY 30 DESCHUTES COUNTY SD NO.6 - SISTERS SD 36 WASHINGTON COUNTY 31 DOUGLAS COUNTY SCHOOL DISTRICT 116 37 YAMHILL COUNTY 32 DOUGLAS EDUCATION SERVICE DISTRICT 1 BOARD OF WATER SUPPLY 33 DUFUR SCHOOL DISTRICT NO.29
2 COUNTY OF HAWAII 34 ELKTON SCHOOL DISTRICT NO.34
3 MAUI COUNTY COUNCIL 35 ESTACADA SCHOOL DISTRICT NO.108 No. Higher Education 36 FOREST GROVE SCHOOL DISTRICT
1 BIRTHINGWAY COLLEGE OF MIDWIFERY 37 GASTON SCHOOL DISTRICT 511J 2 BLUE MOUNTAIN COMMUNITY COLLEGE 38 GEN CONF OF SDA CHURCH WESTERN OR 3 CENTRAL OREGON COMMUNITY COLLEGE 39 GLADSTONE SCHOOL DISTRICT 4 CHEMEKETA COMMUNITY COLLEGE 40 GLENDALE SCHOOL DISTRICT 5 CLACKAMAS COMMUNITY COLLEGE 41 GLIDE SCHOOL DISTRICT NO.12 6 COLUMBIA GORGE COMMUNITY COLLEGE 42 GRANTS PASS SCHOOL DISTRICT 7 7 GEORGE FOX UNIVERSITY 43 GREATER ALBANY PUBLIC SCHOOL DISTRICT 8 KLAMATH COMMUNITY COLLEGE DISTRICT 44 GRESHAM-BARLOW SCHOOL DISTRICT 9 LANE COMMUNITY COLLEGE 45 HARNEY COUNTY SCHOOL DIST. NO.3 10 LEWIS AND CLARK COLLEGE 46 HARNEY EDUCATION SERVICE DISTRICT 11 LINFIELD COLLEGE 47 HEAD START OF LANE COUNTY
12 LINN-BENTON COMMUNITY COLLEGE 48 HERITAGE CHRISTIAN SCHOOL 13 MARYLHURST UNIVERSITY 49 HIGH DESERT EDUCATION SERVICE DISTRICT 14 MT. HOOD COMMUNITY COLLEGE 50 HOOD RIVER COUNTY SCHOOL DISTRICT 15 MULTNOMAH BIBLE COLLEGE 51 JACKSON CO SCHOOL DIST NO.9 16 NATIONAL COLLEGE OF NATURAL MEDICINE 52 JEFFERSON COUNTY SCHOOL DISTRICT 509-J 17 NORTHWEST CHRISTIAN COLLEGE 53 JEFFERSON SCHOOL DISTRICT 18 OREGON HEALTH AND SCIENCE UNIVERSITY 54 KLAMATH FALLS CITY SCHOOLS 19 OREGON UNIVERSITY SYSTEM 55 LA GRANDE SCHOOL DISTRICT 20 PACIFIC UNIVERSITY 56 LAKE OSWEGO SCHOOL DISTRICT 7J 21 PORTLAND COMMUNITY COLLEGE 57 LANE COUNTY SCHOOL DISTRICT 4J 22 PORTLAND STATE UNIV. 58 LANE COUNTY SCHOOL DISTRICT 69 23 REED COLLEGE 59 LEBANON COMMUNITY SCHOOLS NO.9
24 ROGUE COMMUNITY COLLEGE 60 LINCOLN COUNTY SCHOOL DISTRICT 25 SOUTHWESTERN OREGON COMMUNITY COLLEGE 61 LINN CO. SCHOOL DIST. 95C - SCIO SD 26 TILLAMOOK BAY COMMUNITY COLLEGE 62 LOST RIVER JR/SR HIGH SCHOOL 27 UMPQUA COMMUNITY COLLEGE 63 LOWELL SCHOOL DISTRICT NO.71 28 WESTERN STATES CHIROPRACTIC COLLEGE 64 MARION COUNTY SCHOOL DISTRICT 103 - WASHINGTON ES 29 WILLAMETTE UNIVERSITY 65 MCMINNVILLE SCHOOL DISTRICT NO.40 1 ARGOSY UNIVERSITY 66 MEDFORD SCHOOL DISTRICT 549C
2 BRIGHAM YOUNG UNIVERSITY - HAWAII 67 MITCH CHARTER SCHOOL 3 COLLEGE OF THE MARSHALL ISLANDS 68 MOLALLA RIVER ACADEMY 4 RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII 69 MOLALLA RIVER SCHOOL DISTRICT NO.35 5 UNIVERSITY OF HAWAII AT MANOA 70 MONROE SCHOOL DISTRICT NO.1J No. K - 12
1 ARCHBISHOP FRANCIS NORBERT BLANCHET SCHOOL
2 BAKER COUNTY SCHOOL DIST. 16J - MALHEUR ESD
71 MORROW COUNTY SCHOOL DISTRICT
72 MT. ANGEL SCHOOL DISTRICT NO.91
73 MT.SCOTT LEARNING CENTERS
74 MULTISENSORY LEARNING ACADEMY
75 MULTNOMAH EDUCATION SERVICE DISTRICT 16 BONNEVILLE ENVIRONMENTAL FOUNDATION 76 MYRTLE POINT SCHOOL DISTRICT NO.41 17 BOYS AND GIRLS CLUBS OF PORTLAND METROPOLITAN AREA 77 NEAH-KAH-NIE DISTRICT NO.56 18 BROAD BASE PROGRAMS INC. 78 NESTUCCA VALLEY SCHOOL DISTRICT NO.101 19 CANBY FOURSQUARE CHURCH 79 NOBEL LEARNING COMMUNITIES 20 CANCER CARE RESOURCES
80 NORTH BEND SCHOOL DISTRICT 13 21 CASCADIA BEHAVIORAL HEALTHCARE 81 NORTH CLACKAMAS SCHOOL DISTRICT 22 CASCADIA REGION GREEN BUILDING COUNCIL 82 NORTH SANTIAM SCHOOL DISTRICT 29J 23 CATHOLIC CHARITIES 83 NORTH WASCO CTY SCHOOL DISTRICT 21 - CHENOWITH 24 CATHOLIC COMMUNITY SERVICES 84 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT 25 CENTER FOR RESEARCH TO PRACTICE 85 NYSSA SCHOOL DISTRICT NO. 26 26 CENTRAL BIBLE CHURCH 86 ONTARIO MIDDLE SCHOOL 27 CENTRAL CITY CONCERN
87 OREGON TRAIL SCHOOL DISTRICT NO.46 28 CENTRAL DOUGLAS COUNTY FAMILY YMCA 88 OUR LADY OF THE LAKE SCHOOL 29 CENTRAL OREGON COMMUNITY ACTION AGENCY NETWORK 89 PHILOMATH SCHOOL DISTRICT 30 CHILDPEACE MONTESSORI
90 PHOENIX-TALENT SCHOOL DISTRICT NO.4 31 CITY BIBLE CHURCH 91 PORTLAND ADVENTIST ACADEMY 32 CLACKAMAS RIVER WATER
92 PORTLAND JEWISH ACADEMY 33 CLASSROOM LAW PROJECT
93 PORTLAND PUBLIC SCHOOLS 34 COAST REHABILITATION SERVICES 94 RAINIER SCHOOL DISTRICT 35 COLLEGE HOUSING NORTHWEST 95 REDMOND SCHOOL DISTRICT 36 COLUMBIA COMMUNITY MENTAL HEALTH 96 REEDSPORT SCHOOL DISTRICT 37 COMMUNITY ACTION ORGANIZATION 97 REYNOLDS SCHOOL DISTRICT 38 COMMUNITY ACTION TEAM, INC. 98 ROGUE RIVER SCHOOL DISTRICT NO.35 39 COMMUNITY CANCER CENTER 99 ROSEBURG PUBLIC SCHOOLS 40 COMMUNITY HEALTH CENTER, INC 100 SALEM-KEIZER PUBLIC SCHOOLS 41 COMMUNITY VETERINARY CENTER 101 SCAPPOOSE SCHOOL DISTRICT 1J 42 CONFEDERATED TRIBES OF GRAND RONDE 102 SEASIDE SCHOOL DISTRICT 10 43 CONSERVATION BIOLOGY INSTITUTE 103 SEVEN PEAKS SCHOOL 44 CONTEMPORARY CRAFTS MUSEUM AND GALLERY 104 SHERWOOD SCHOOL DISTRICT 88J 45 CORVALLIS MOUNTAIN RESCUE UNIT 105 SILVER FALLS SCHOOL DISTRICT 46 COVENANT CHRISTIAN HOOD RIVER 106 SIUSLAW SCHOOL DISTRICT 47 COVENANT RETIREMENT COMMUNITIES 107 SOUTH COAST EDUCATION SERVICE DISTRICT 48 DECISION SCIENCE RESEARCH INSTITUTE, INC. 108 SOUTH LANE SCHOOL DISTRICT 45J3 49 DELIGHT VALLEY CHURCH OF CHRIST 109 SOUTHERN OREGON EDUCATION SERVICE DISTRICT 50 DOGS FOR THE DEAF, INC. 110 SOUTHWEST CHARTER SCHOOL 51 DOUGLAS ELECTRIC COOPERATIVE, INC. 111 SPRINGFIELD SCHOOL DISTRICT NO.19 52 EAST HILL CHURCH 112 STANFIELD SCHOOL DISTRICT 53 EAST SIDE FOURSQUARE CHURCH 113 SWEET HOME SCHOOL DISTRICT NO.55 54 EAST WEST MINISTRIES INTERNATIONAL 114 THE CATLIN GABEL SCHOOL 55 EDUCATIONAL POLICY IMPROVEMENT CENTER 115 TIGARD-TUALATIN SCHOOL DISTRICT 56 ELMIRA CHURCH OF CHRIST 116 UMATILLA-MORROW ESD 57 EMERALD PUD
117 VERNONIA SCHOOL DISTRICT 47J 58 EMMAUS CHRISTIAN SCHOOL 118 WEST HILLS COMMUNITY CHURCH 59 EN AVANT, INC.
119 WEST LINN WILSONVILLE SCHOOL DISTRICT 60 ENTERPRISE FOR EMPLOYMENT AND EDUCATION 120 WHITEAKER MONTESSORI SCHOOL 61 EUGENE BALLET COMPANY 121 YONCALLA SCHOOL DISTRICT NO.32 62 EUGENE SYMPHONY ASSOCIATION, INC. 1 CONGREGATION OF CHRISTIAN BROTHERS OF HAWAII, INC. 63 EUGENE WATER & ELECTRIC BOARD 2 EMMANUAL LUTHERAN SCHOOL 64 EVERGREEN AVIATION MUSEUM AND CAP. MICHAEL KING. 3 HANAHAU`OLI SCHOOL 65 FAIR SHARE RESEARCH AND EDUCATION FUND 4 HAWAII TECHNOLOGY ACADEMY 66 FAITH CENTER
5 ISLAND SCHOOL 67 FAITHFUL SAVIOR MINISTRIES
6 KAMEHAMEHA SCHOOLS 68 FAMILIES FIRST OF GRANT COUNTY, INC. 7 KE KULA O S. M. KAMAKAU 69 FANCONI ANEMIA RESEARCH FUND INC. 8 MARYKNOLL SCHOOL 70 FARMWORKER HOUISNG DEV CORP
9 PACIFIC BUDDHIST ACADEMY 71 FIRST CHURCH OF THE NAZARENE No. Nonprofit & Other 72 FIRST UNITARIAN CHURCH
1 211INFO 73 FORD FAMILY FOUNDATION
2 ACUMENTRA HEALTH 74 FOUNDATIONS FOR A BETTER OREGON
3 ADDICTIONS RECOVERY CENTER, INC 75 FRIENDS OF THE CHILDREN 4 ALLFOURONE/CRESTVIEW CONFERENCE CTR. 76 GATEWAY TO COLLEGE NATIONAL NETWORK 5 ALVORD-TAYLOR INDEPENDENT LIVING SERVICES 77 GOAL ONE COALITION 6 ALZHEIMERS NETWORK OF OREGON 78 GOLD BEACH POLICE DEPARTMENT 7 ASHLAND COMMUNITY HOSPITAL 79 GOOD SHEPHERD COMMUNITIES 8 ATHENA LIBRARY FRIENDS ASSOCIATION 80 GOODWILL INDUSTRIES OF LANE AND SOUTH COAST COUNTIES 9 BARLOW YOUTH FOOTBALL 81 GRANT PARK CHURCH
10 BAY AREA FIRST STEP, INC. 82 GRANTS PASS MANAGEMENT SERVICES, DBA 11 BENTON HOSPICE SERVICE 83 GREATER HILLSBORO AREA CHAMBER OF COMMERCE 12 BETHEL CHURCH OF GOD 84 HALFWAY HOUSE SERVICES, INC. 13 BIRCH COMMUNITY SERVICES, INC. 85 HEARING AND SPEECH INSTITUTE INC 14 BLACHLY LANE ELECTRIC COOPERATIVE 86 HELP NOW! ADVOCACY CENTER 15 BLIND ENTERPRISES OF OREGON 87 HIGHLAND HAVEN
88 HIGHLAND UNITED CHURCH OF CHRIST 160 PLANNED PARENTHOOD OF SOUTHWESTERN OREGON 89 HIV ALLIANCE, INC 161 PORT CITY DEVELOPMENT CENTER
90 HOUSING AUTHORITY OF LINCOLN COUNTY 162 PORTLAND ART MUSEUM 91 HOUSING AUTHORITY OF PORTLAND 163 PORTLAND BUSINESS ALLIANCE 92 HOUSING NORTHWEST 164 PORTLAND HABILITATION CENTER, INC. 93 INDEPENDENT INSURANCE AGENTS AND BROKERS OF OREGON 165 PORTLAND SCHOOLS FOUNDATION 94 INTERNATIONAL SOCIETY FOR TECHNOLOGY IN EDUCATION 166 PORTLAND WOMENS CRISIS LINE 95 INTERNATIONAL SUSTAINABLE DEVELOPMENT FOUNDATION 167 PREGNANCY RESOUCE CENTERS OF GRETER PORTLAND 96 IRCO 168 PRINGLE CREEK SUSTAINABLE LIVING CENTER
97 JASPER MOUNTAIN 169 PUBLIC DEFENDER SERVICES OF LANE COUNTY, INC. 98 JUNIOR ACHIEVEMENT 170 QUADRIPLEGICS UNITED AGAINST DEPENDENCY, INC. 99 KLAMATH HOUSING AUTHORITY 171 REBUILDING TOGETHER - PORTLAND INC. 100 LA CLINICA DEL CARINO FAMILY HEALTH CARE CENTER 172 REGIONAL ARTS AND CULTURE COUNCIL 101 LA GRANDE UNITED METHODIST CHURCH 173 RELEVANT LIFE CHURCH 102 LANE ELECTRIC COOPERATIVE 174 RENEWABLE NORTHWEST PROJECT 103 LANE MEMORIAL BLOOD BANK 175 ROGUE FEDERAL CREDIT UNION 104 LANECO FEDERAL CREDIT UNION 176 ROSE VILLA, INC.
105 LAUREL HILL CENTER 177 SACRED HEART CATHOLIC DAUGHTERS 106 LIFEWORKS NW 178 SAIF CORPORATION
107 LIVING WAY FELLOWSHIP 179 SAINT ANDREW NATIVITY SCHOOL 108 LOAVES & FISHES CENTERS, INC. 180 SAINT CATHERINE OF SIENA CHURCH 109 LOCAL GOVERNMENT PERSONNEL INSTITUTE 181 SAINT JAMES CATHOLIC CHURCH 110 LOOKING GLASS YOUTH AND FAMILY SERVICES 182 SALEM ALLIANCE CHURCH 111 MACDONALD CENTER 183 SALEM ELECTRIC
112 MAKING MEMORIES BREAST CANCER FOUNDATION, INC. 184 SALMON-SAFE INC. 113 METRO HOME SAFETY REPAIR PROGRAM 185 SCIENCEWORKS
114 METROPOLITAN FAMILY SERVICE 186 SE WORKS
115 MID COLUMBIA COUNCIL OF GOVERNMENTS 187 SECURITY FIRST CHILD DEVELOPMENT CENTER 116 MID-COLUMBIA CENTER FOR LIVING 188 SELF ENHANCEMENT INC. 117 MID-WILLAMETTE VALLEY COMMUNITY ACTION AGENCY, INC 189 SERENITY LANE 118 MORNING STAR MISSIONARY BAPTIST CHURCH 190 SEXUAL ASSAULT RESOURCE CENTER 119 MORRISON CHILD AND FAMILY SERVICES 191 SEXUAL ASSAULT RESOURCE CENTER 120 MOSAIC CHURCH 192 SHELTERCARE
121 NATIONAL PSORIASIS FOUNDATION 193 SHERIDAN JAPANESE SCHOOL FOUNDATION 122 NATIONAL WILD TURKEY FEDERATION 194 SHERMAN DEVELOPMENT LEAGUE, INC. 123 NEW AVENUES FOR YOUTH INC 195 SILVERTON AREA COMMUNITY AID 124 NEW BEGINNINGS CHRISTIAN CENTER 196 SISKIYOU INITIATIVE 125 NEW HOPE COMMUNITY CHURCH 197 SMART
126 NEWBERG FRIENDS CHURCH 198 SOCIAL VENTURE PARTNERS PORTLAND 127 NORTH BEND CITY- COOS/URRY HOUSING AUTHORITY 199 SOUTH COAST HOSPICE, INC. 128 NORTHWEST FOOD PROCESSORS ASSOCIATION 200 SOUTH LANE FAMILY NURSERY DBA FAMILY RELIEF NURSE 129 NORTHWEST LINE JOINT APPRENTICESHIP & TRAINING COMMITTEE 201 SOUTHERN OREGON CHILD AND FAMILY COUNCIL, INC. 130 NORTHWEST REGIONAL EDUCATIONAL LABORATORY 202 SOUTHERN OREGON HUMANE SOCIETY 131 NORTHWEST YOUTH CORPS 203 SPARC ENTERPRISES
132 OCHIN 204 SPIRIT WIRELESS
133 OHSU FOUNDATION 205 SPONSORS, INC.
134 OLIVET BAPTIST CHURCH 206 SPOTLIGHT THEATRE OF PLEASANT HILL 135 OMNIMEDIX INSTITUTE 207 SPRINGFIELD UTILITY BOARD
136 OPEN MEADOW ALTERNATIVE SCHOOLS, INC. 208 ST VINCENT DE PAUL 137 OREGON BALLET THEATRE 209 ST. ANTHONY CHURCH
138 OREGON CITY CHURCH OF THE NAZARENE 210 ST. ANTHONY SCHOOL 139 OREGON COAST COMMUNITY ACTION 211 ST. MARYS OF MEDFORD, INC. 140 OREGON DEATH WITH DIGNITY 212 ST. VINCENT DEPAUL OF LANE COUNTY 141 OREGON DONOR PROGRAM 213 STAND FOR CHILDREN
142 OREGON EDUCATION ASSOCIATION 214 STAR OF HOPE ACTIVITY CENTER INC. 143 OREGON ENVIRONMENTAL COUNCIL 215 SUMMIT VIEW COVENANT CHURCH 144 OREGON MUSUEM OF SCIENCE AND INDUSTRY 216 SUNNYSIDE FOURSQUARE CHURCH 145 OREGON PROGRESS FORUM 217 SUNRISE ENTERPRISES
146 OREGON REPERTORY SINGERS 218 SUSTAINABLE NORTHWEST
147 OREGON STATE UNIVERSITY ALUMNI ASSOCIATION 219 TENAS ILLAHEE CHILDCARE CENTER 148 OREGON SUPPORTED LIVING PROGRAM 220 THE EARLY EDUCATION PROGRAM, INC. 149 OSLC COMMUNITY PROGRAMS 221 THE NATIONAL ASSOCIATION OF CREDIT MANAGEMENT-OREGON, 150 OUTSIDE IN INC.
151 OUTSIDE IN 222 THE NEXT DOOR
152 PACIFIC CASCADE FEDERAL CREDIT UNION 223 THE OREGON COMMUNITY FOUNDATION 153 PACIFIC FISHERY MANAGEMENT COUNCIL 224 THE SALVATION ARMY - CASCADE DIVISION 154 PACIFIC INSTITUTES FOR RESEARCH 225 TILLAMOOK CNTY WOMENS CRISIS CENTER 155 PACIFIC STATES MARINE FISHERIES COMMISSION 226 TILLAMOOK ESTUARIES PARTNERSHIP 156 PARALYZED VETERANS OF AMERICA 227 TOUCHSTONE PARENT ORGANIZATION 157 PARTNERSHIPS IN COMMUNITY LIVING, INC. 228 TRAILS CLUB 158 PENDLETON ACADEMIES 229 TRAINING EMPLOYMENT CONSORTIUM 159 PENTAGON FEDERAL CREDIT UNION 230 TRI-COUNTY HEALTH CARE SAFETY NET ENTERPRISE
231 TRILLIUM FAMILY SERVICES, INC. 9 DESCHUTES COUNTY RFPD NO.2 232 UMPQUA COMMUNITY DEVELOPMENT CORPORATION 10 DESCHUTES PUBLIC LIBRARY SYSTEM 233 UNION GOSPEL MISSION 11 EAST MULTNOMAH SOIL AND WATER CONSERVANCY 234 UNITED CEREBRAL PALSY OF OR AND SW WA 12 GASTON RURAL FIRE DEPARTMENT 235 UNITED WAY OF THE COLUMBIA WILLAMETTE 13 GLADSTONE POLICE DEPARTMENT 236 US CONFERENCE OF MENONNITE BRETHREN CHURCHES 14 GLENDALE RURAL FIRE DISTRICT 237 US FISH AND WILDLIFE SERVICE 15 HOODLAND FIRE DISTRICT NO.74 238 USAGENCIES CREDIT UNION 16 HOODLAND FIRE DISTRICT #74 239 VERMONT HILLS FAMILY LIFE CENTER 17 HOUSING AUTHORITY AND COMMUNITY SERVICES AGENCY 240 VIRGINIA GARCIA MEMORIAL HEALTH CENTER 18 KLAMATH COUNTY 9-1-1 241 VOLUNTEERS OF AMERICA OREGON 19 LANE EDUCATION SERVICE DISTRICT 242 WE CARE OREGON 20 LANE TRANSIT DISTRICT
243 WESTERN RIVERS CONSERVANCY 21 MALIN COMMUNITY PARK AND RECREATION DISTRICT 244 WESTERN STATES CENTER 22 MARION COUNTY FIRE DISTRCT #1 245 WESTSIDE BAPTIST CHURCH 23 METRO
246 WILD SALMON CENTER 24 METROPOLITAN EXPOSITION-RECREATION COMMISSION 247 WILLAMETTE FAMILY 25 MONMOUTH - INDEPENDENCE NETWORK 248 WILLAMETTE VIEW INC. 26 MULTONAH COUNTY DRAINAGE DISTRICT #1 249 WOODBURN AREA CHAMBER OF COMMERCE 27 NEAH KAH NIE WATER DISTRICT 250 WORD OF LIFE COMMUNITY CHURCH 28 NW POWER POOL
251 WORKSYSTEMS INC 29 OAK LODGE WATER DISTRICT
252 YOUTH GUIDANCE ASSOC. 30 OR INT'L PORT OF COOS BAY
253 YWCA SALEM 31 PORT OF ST HELENS
1 ALOCHOLIC REHABILITATION SVS OF HI INC DBA HINA MAUKA 32 PORT OF UMPQUA 2 ALOHACARE 33 REGIONAL AUTOMATED INFORMATION NETWORK
3 AMERICAN LUNG ASSOCIATION 34 RIVERGROVE WATER DISTRICT 4 BISHOP MUSEUM 35 SALEM AREA MASS TRANSIT DISTRICT
5 BUILDING INDUSTRY ASSOCIATION OF HAWAII 36 SANDY FIRE DISTRICT NO. 72 6 CTR FOR CULTURAL AND TECH INTERCHNG BETW EAST AND WEST 37 SUNSET EMPIRE PARK AND RECREATION 7 EAH, INC. 38 THE NEWPORT PARK AND RECREATION CENTER
8 EASTER SEALS HAWAII 39 THE PORT OF PORTLAND
9 GOODWILL INDUSTRIES OF HAWAII, INC. 40 TILLAMOOK PEOPLES UTILITY DISTRICT 10 HABITAT FOR HUMANITY MAUI 41 TUALATIN HILLS PARK AND RECREATION DISTRICT 11 HALE MAHAOLU 42 TUALATIN VALLEY FIRE & RESCUE
12 HAROLD K.L. CASTLE FOUNDATION 43 TUALATIN VALLEY WATER DISTRICT 13 HAWAII AGRICULTURE RESEARCH CENTER 44 UNION SOIL & WATER CONSERVATION DISTRICT 14 HAWAII EMPLOYERS COUNCIL 45 WEST MULTNOMAH SOIL AND WATER CONSERVATION DISTRICT 15 HAWAII FAMILY LAW CLINIC DBA ALA KUOLA 46 WEST VALLEY HOUSING AUTHORITY 16 HONOLULU HABITAT FOR HUMANITY 47 WILLAMALANE PARK AND RECREATION DISTRICT 17 IUPAT, DISTRICT COUNCIL 50 48 YOUNGS RIVER LEWIS AND CLARK WATER DISTRICT 18 LANAKILA REHABILITATION CENTER INC. No. State Agencies 19 LEEWARD HABITAT FOR HUMANITY 1 BOARD OF MEDICAL EXAMINERS 20 MAUI COUNTY FCU 2 OFFICE OF MEDICAL ASSISTANCE PROGRAMS 21 MAUI ECONOMIC DEVELOPMENT BOARD 3 OFFICE OF THE STATE TREASURER 22 MAUI ECONOMIC OPPORTUNITY, INC. 4 OREGON BOARD OF ARCHITECTS 23 MAUI FAMILY YMCA 5 OREGON CHILD DEVELOPMENT COALITION 24 NA HALE O MAUI 6 OREGON DEPARTMENT OF EDUCATION
25 NA LEI ALOHA FOUNDATION 7 OREGON DEPARTMENT OF FORESTRY 26 NETWORK ENTERPRISES, INC. 8 OREGON DEPT OF TRANSPORTATION 27 ORI ANUENUE HALE, INC. 9 OREGON DEPT. OF EDUCATION
28 PARTNERS IN DEVELOPMENT FOUNDATION 10 OREGON LOTTERY 29 POLYNESIAN CULTURAL CENTER 11 OREGON OFFICE OF ENERGY 30 PUNAHOU SCHOOL 12 OREGON STATE BOARD OF NURSING
31 ST. THERESA CHURCH 13 OREGON STATE POLICE
32 WAIANAE COMMUNITY OUTREACH 14 OREGON TOURISM COMMISSION 33 WAILUKU FEDERAL CREDIT UNION 15 OREGON TRAVEL INFORMATION COUNCIL 34 YMCA OF HONOLULU 16 SANTIAM CANYON COMMUNICATION CENTER No. Special/Independent Districts 17 SEIU LOCAL 503, OPEU 1 BAY AREA HOSPITAL DISTRICT 1 ADMIN. SERVICES OFFICE
2 CENTRAL OREGON INTERGOVERNMENTAL COUNCIL 2 HAWAII CHILD SUPPORT ENFORCEMENT AGENCY 3 CENTRAL OREGON IRRIGATION DISTRICT 3 HAWAII HEALTH SYSTEMS CORPORATION 4 CHEHALEM PARK AND RECREATION DISTRICT 4 SOH- JUDICIARY CONTRACTS AND PURCH 5 CITY COUNTY INSURANCE SERVICES 5 STATE DEPARTMENT OF DEFENSE 6 CLEAN WATER SERVICES 6 STATE OF HAWAII
7 COLUMBIA 911 COMMUNICATIONS DISTRICT 7 STATE OF HAWAII 8 COLUMBIA RIVER PUD 8 STATE OF HAWAII, DEPT. OF EDUCATION