Our team is also providing the county with three years of ongoing support services to respond to issues as they arise and maintain the network for peak performance. This includes monitoring, data analytics, optimization, software updates and engineering support.
The result: Broad, free internet access to support
education and remote work
Through working with Insight and SmartWAVE, the county can provide free public Wi-Fi internet access to more than 30,000 students and teleworkers. The network design has built-in safety and compliance features to ensure user and business data and privacy are protected.
Our three-layer network design leveraged as much existing infrastructure as possible - water tanks, light and telephone poles - to expedite services delivery and control costs. Insight's engineering services will help the county continue to deliver reliable, secure internet access to residents in need for years to come.
About Insight Public Sector
At Insight Public Sector, we help organizations of all sizes navigate complex challenges through our four key solution areas: Digital Innovation, Cloud+ Data Center Transformation, Connected Workforce and Supply Chain Optimization. With deep expertise and end-to-end capabilities, we'll help you manage today's priorities and prepare for tomorrow's needs.
About OMNIA Partners
OMNIA Partners is a leading group purchasing organization (GPO) in procurement and supply chain management. Comprised of four subsidiaries: Corporate United, Prime Advantage, National IPA and U.S. Communities, OMNIA Partners serves over 35 industries in both the private and public sector. +=· lns·1ght I Cloud+ Dat~ Center -:-1• . Transformation ....,.ucttc.To• OMNIA. p ,\ R T N [. II S
Benefits:
Free public Wi-Fi access to
30,000+
students and remote workers
Secure, wireless
network design
Cost-effective solution
leveraging existing
infrastructure
Eliminates aspects of the
growing digital divide at an
important time
Well-maintained and
optimized network
through an expert
support team
©2020, Insight Direct USA, Inc. All rights
reserved. All other trademarks are the property
of their respective owners.
!PS.insight.com
BID SUBMITTAL FORM
SUBMIT BID/PROPOSAL TO:
Cobb County Purchasing Department
122 Waddell Street NE
Marietta, GA 30060
BID/PROJECT NUMBER: 23-6692
Request for Proposals
Technology Product Solutions and Related Services
Cobb County Purchasing Department
DELIVERY DEADLINE: OCTOBER 13, 2022 BEFORE 12:00 (NOON) EST (NO BIDS/PROPOSALS WILL BE ACCEPTED AFTER THIS DEADLINE}.
Bid Opening Date: October 13, 2022@ 2:00 P.M. in the Cobb County Purchasing Department, 122 Waddell Street NE, Marietta, Georgia, 30060.
BUSINESS NAME AND ADDRESS INFORMATION:
Company name: __ ln_si_gh_t_P_u_b_lic_S_e_ct_o_r,_ln_c_. __________________ _ Contact name: __ E_ri_ca_F_a_lc_h_et_ti ______________________ _ Company address: 13755 Sunrise Valley Drive, Suite #750, Herndon, VA 20171 E-mail address: __ E_ric_a_.F_a_lc_h_ett_i@_l_n_sig_h_t_.c_o_m _________________ _ Phone number: __ 4_8_0_.3_3_3._30_7_1 ____ _ Fax number: 480.760.9488 NAME AND OFFICIAL TITLE OF OFFICER GUARANTEEING THIS QUOTATION:
Lisanne Steinheiser Global Compliance Officer
(PLEASE PRINT/TYPE) NAME
TELEPHONE: 480.333.3012 FAX: __ 4_80_._76_0_.9_4_8_8 _________ _ BIDDER WILL INDICATE TIME PAYMENT DISCOUNT: __ N_o_t A_PP__l_ic_ab_l_e ____________ _
BIDDER SHALL INDICATE MAXIMUM DELIVERY DATE (UNLESS OTHERWISE SPECIFIED IN BID SPECIFICATIONS) Will be communicated to end user at time of order placement.
Bids received after the date and time indicated will not be considered. Cobb County reserves the right to reject any and all bids, to waive informalities, to reject portions of the bid, to waive technicalities and to award contracts in a manner consistent with the county and the laws governing the state of Georgia.
The enclosed (or attached) bid is in response to Bid Number 23-6692; is a firm offer, as defined by section O.C.G.A. (s) 11-2-205 of the code of Georgia (Georgia laws 1962 pages 156-178}, by the undersigned bidder. This offer shall remain open for acceptance for a period of 90 calendar days from the bid opening date, as set forth in this invitation to bid unless otherwise specified in the bid documents.
Cobb County ... Expect the Best I
REQUEST FOR PROPOSALS
Sealed Bid # 23-6692
Technology Product Solutions and Related Services
Cobb County Purchasing Department
Bid Opening Date: October 13, 2022
Pre-Proposal Meeting via WebEx: September 14. 2022 at 3:00 PM Eastern Join from meeting link
https:/ / cobbcou nty. webex.com/ cobbcounty /j. ph p ?MTI D=m6334e0c9e0f 46364cc215 7383bc375a 6 Meeting number (access code): 2317 292 4027
Meeting password: fxZKmmi3p93
Join by phone
+1-415-655-0004 US Toll
Proposals Are Received in the Cobb County Purchasing Department 122 Waddell Street NE
Marietta, GA 30060
Before 12:00 (Noon) By the Bid Opening Date
Proposal Will Be Opened in the Cobb County Purchasing Department at 2:00 pm 122 Waddell Street NE
Marietta, GA 30060
VENDORS ARE REQUIRED TO SUBMIT THE ORIGINAL, TWO (2) COPIES & TEN (10) FLASH DRIVES OF BID (UNLESS OTHERWISE SPECIFIED IN BID SPECIFICATIONS)
NAME: __ In_s"_1g_ht_Pu_b_li_c_s_e_ct_o_r,_I_nc_. _____________________ _ ADDRESS: 13755 Sunrise Valley Drive, Suite #750, Herndon, VA 20171 REPRESENTATIVE: Erica Falchetti ---------------------------- PHONE: 480.333.3071 FAX: 480-760.9488 E-MAIL [email protected]
NOTE: The Cobb County Purchasing Department will not be responsible for the accuracy or completeness of t he content of any Cobb County Invitation to Bid or Request for Proposal or subsequent addenda t hereto received from a source ot her t han t he Cobb County Purchasing Department .
Exhibit F
Federal Funds Certifications
FEDERAL CERTIFICATIONS
ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT
TO WHOM IT MAY CONCERN:
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned.
DEFINITIONS
Contract means a legal instrument by which a non-Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non-Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward Contractor means an entity that receives a contra<:t as defined in Contract.
Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non-Federal entity that, consistent with 31 U.S.C. 6302-6305:
(a} Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non-Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3}); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use;
(b} Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non-Federal entity in carrying out the activity contemplated by the Federal award. (c} The term does not include:
(1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only:
(i) Direct United State:, Government cash assistance to an individual; (ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v} Insurance.
Federal awarding agency means the Federal agency that provides a Federal award directly to a non-Federal entity Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section:
(a}(1} The Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in§ 200.101 Applicability; or (2} The cost-reimbursement contract under the Federal Acquisition Regulations that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability.
(b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of§ 200.40 Federal financial assistance, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations. (c} Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d} See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.
Non-Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient.
Version August 19, 2022
Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:
(a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (b) Is not organized primarily for profit; and
(c) Uses net proceeds to maintain, improve, or expand the operations of the organization.
Obligations means, when used in connection with a non-Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non-Federal entity during the same or a future period.
Pass-through entity means a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.
Recipient means a non-Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients.
Simplified acquisition threshold means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods. Non-Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition of§ 200.67 Micro-purchase.)
Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.
Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.
Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance.
The following provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Per FAR 52.204-24 and FAR 52.204-25, solicitations and resultant contracts shall contain the following provisions.
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)
The Offerer shall not complete the representation at paragraph (d)(1) of this provision if the Offerer has represented that it 'does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services• in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a) Definitions. As used in this provisionBackhau/, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanjngs provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Version August 19, 2022
(b) Prohibition.
(1) Section 889(a)(1 )(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service 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. Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1 )(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to- (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offerer shall review the list of excluded parties in the System for Award Management (SAM) {https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services•. (d) Representation. The Offerer represents that-
(1) It o will, o will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offerer shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offerer responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offerer represents thatIt o does, o does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offerer shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offerer responds "does" in paragraph (d)(2) of this section. (e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offerer has responded "will" in the representation in paragraph (d)(1) of this provision, the Offerer shall provide the following information as part of the offer. (i) For covered equipment-
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b )(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offerer has responded "does" in the representation in paragraph (d)(2) of this provision, the Offerer shall provide the following information as part of the offer:
(i) For covered equipment-
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); Version August 19, 2022
{B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020). (a) Definitions. As used in this clause--
Backhau/ means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means- { 1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of 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.
Critical technology means-
( 1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 77 4 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, IncIua;ng for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 11 O of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 u.s.c. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Version August 19, 2022
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service 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. The Contractor is prohibited from providing to the Government any equipment, system, or service 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, unless an exception at paragraph (c} of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2} Section 889(a)(1)(B} of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in perfonmance of work under a Federal contract. (c) Exceptions. This clause does not prohibit contractors from providing- (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2} Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mi. (2) The Contractor shall report the following infonnation pursuant to paragraph (d)(1) of this clause {i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE} code (if known}; brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency's subcontractors shall contain the procurement provisions of Version August 19, 2022
Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights and privileges under the applicable la and regulations with respect to this procurement in the event of breach of contract by either party. •
Does offeror agree? YES _ _ __ _,__ _______ _____ Initials of Authorized Representative of offeror
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, 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 ff r as detailed in the terms of the contract.
Does offerer agree? YES --- -M_,,.,.,...,,_ _ __________ lnitials of Authorized Representative of offerer
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by r,J'f herein.
Does offeror agree to abide by the above? YES ~ Initials of Authorized Representative of offeror (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144. and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non • Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, 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.
Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction ~ pair, offerer will be in compliance with all applicable Davis-Bacon Act provisions.
Version August 19, 2022
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offerer certifies that offerer will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resultin this procurement process. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offerer certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offerer agrees to comply with all applicable require en! eferenced in Federal Rule (F) above. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the nonFederal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA)
Pursuant to Federal Rule (G) above. when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offerer agrees to comply with all applica e i ements as referenced in Federal Rule (G) above. (H) Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the Executive Office of the President Office of Management and Budget (0MB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offerer certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offerer certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If al any time during the term of an award the offerer or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any Version August 19, 2022
'fy the Participating Agency.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any 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.
Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that ii is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that
(1) No Federal appropriated funds have been paid or will be paid for 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 paid 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", 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 subrecipients shall certify and disclose accordingly. \h
Does offeror agree? YES ___ ~-n<--=="---- ---------lnitials of Authorized Representative of offeror
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly annual financial reports, as applicable, and all other pending matters are closed.
Does offeror agree? YES - - ~:__;:=-;__ _ ____ ____ Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in complian with Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. t /)
Does offeror agree? YES ____ n __ ...__ __________ lnitials of Authorized Representative of offeror Version August 19, 2022
CERTIFICATION OF COMPLIANCE WITH BUY AMERICAN PROVISIONS Unless Supplier is exempt (See FAR 25.103), when authorized by statute or explicitly indicated by Participating Public Agency, Buy American requirements will apply where only unmanufactured construction material mined or produced in the Unned States shall be used (see Subpart 25.6-American Recovery and Reinvestment Act-Buy American statute for additional details).
CERTIFICATION OF ACCESS TO RECORDS- 2 C.F.R. § 200.336
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are pertinent to offeror's discharge of its obligations under the Contract for the purpose of making audits, examinations. excerpts, and transcriptions. The right also includes timely and reasonable access to offeror's personnel for the purpose of intervie nd discussion relating to such documents.
Does offeror agree? YES - ----f'ip.-o<.....:!:::...._ _ _ _ _ _ _ _ _ lnitials of Authorized Representative of offeror
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awa s suant to the Contract shall be bound by the foregoing terms and conditions.
Does offeror agree? YES ___ ~ =--'------------Initials ' of Authorized Representative of offerer Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.
Offerer's Name: Insight Public Sector, Inc.
Address, City, State, andZipCode: 13755 Sunrise Valley Drive, Suite #750, Herndon, VA 20171 Phone Number: 480.333.3012 Fax Number: __ 4_8_0_._76_0_._9_4_8_8 _ ___ _ Printed Name and nue of Authorized Representative: Usanne Steinheiser, Global Compliance Officer Email Address: Lisanne.Steinheiser@Insigh
Version August 19, 2022
FEMA SPECIAL CONDITIONS
Awarded Supplier(s) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA Special Conditions required by the Federal Emergency Management Agency (FEMA). "Contract'' in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the "Master Agreement". "Contractor" in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as "Supplier'' or "Awarded Supplier".
Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ,r 7; Standard Form 4248, ,i 3. i. FEMA considers a "financial interest" to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an "apparent" conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency ("NFE") must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE's may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE's written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE's employee may be dismissal, and the penalty for a contractor might be the termination of the contract.
Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R.
Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level.
Public Policy
A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the:
a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C. F. R. § 200.321 (b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7 c. Applicable prevailing wage laws, regulations, and executive orders Version August 19, 2022
Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:
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; and
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.
Prevailing Wage Requirements
When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.
Federal Requirements
If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized.
2 C.F.R. § 200.326 and 2 C.F.R. Part 2001 Appendix II, Required Contract Clauses
1. CONTRACT REMEDIES
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below which an NFE may purchase property or services using small purchase methods, currently set at $250,000 for procurements made on or after June 20, 2018,4 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and must provide for sanctions and penalties as appropriate.
1.1 Applicability
This contract provision is required for contracts over the SAT, currently set at $250,000 for procurements made on or after June 20, 2018. Although not required for contracts at or below the SAT, FEMA suggests including a remedies provision.
1.2 Additional Considerations
For FEMA's Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by the contract's specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of God. AFG recipients should refer to the applicable year's Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov.
Version August 19, 2022
2. TERMINATION FOR CAUSE AND CONVENIENCE
a
h
Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix 11(8).
Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
3. EQUAL EMPLOYMENT OPPORTUNITY
When applicable:
a Standard. Except as otherwise provided under 41 C.F .R. Part 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 under41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. 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 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix ll(C). b. Key Definitions.
i. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-
1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.
ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
d Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause.
During the performance of this contract, the contractor agrees as follows:
Version August 19, 2022
Version August 19, 2022
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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 setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous plac,=s available to employees and applicants for employment. (S) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance offuture compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
4. DAVIS-BACON ACT
a. Standard. 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 at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix 11(0). 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. b. Applicability. The Davis-Bacon Act applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Version August 19, 2022
Program.
c. Requirements. If applicable, the non-federal entity must do thefollowing:
i. 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.
ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix 11(0), contracts subject to the Davis-Bacon Act, must also include a provision for compliance with the Copeland "Anti-Kickbackff Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. 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 Copeland Anti- Kickback 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 nonFederal entity must report all suspected or reported violations to FEMA. iii. Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and AssistedConstruction").
Suggested Language. The following provides a sample contract clause:
Compliance with the Davis-Bacon Act.
a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F. R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141- 3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
b. Contractors are required to pay wages to laborersand mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
c. Additionally, contractors are required to pay wages not less than once a week.
5. COPELAND ANTI-KICKBACK ACT
a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland • Anti-Kickback" Act ( 40 U.S. C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program.
Version August 19, 2022
c. Requirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. 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). 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 FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work.
Sample Language. The following provides a sample contract clause:
Compliance with the Copeland "Anti-Kickback" Act.
a. Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12."
6. CONTRACT WORK HOURS AND SAFETY STANDARDSACT
a Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), 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 at29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix ll(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.
b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of Version August 19, 2022
intelligence.
c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause:
Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of
$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Federal agency or loan/grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT ORAGREEMENT a Standard. If the FEMA award meets the definition of "funding agreement" under 37C.F. R. § 401.2(a) and the non-Federal entity 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 non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any Version August 19, 2022
b.
C.
implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix ll(F).
Applicability. This requirement applies to "funding agreements," but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households - Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of "funding agreement."
Funding Agreements Definition. The regulation at 37 C.F .R § 401.2(a) defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROLACT a Standard. If applicable, contracts must contain a provision that requires the contractor 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 FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix ll(G).
b. Applicability. This requirement applies to contracts awarded by a non-federal entity of amounts in excess of $150,000 under a federal grant.
c. Suggested Language. The following provides a sample contract clause.
Version August 19, 2022
Clean Air Act
1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided byFEMA.
Federal Water Pollution Control Act
1. The contractor agrees to comply with all applicablestandards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 etseq.
2. The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
9. DEBARMENT AND SUSPENSION
a Standard. Non-Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension).
b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs.
c. Requirements.
i. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F .R. Part 200, Appendix ll(H); and 2 C.F.R. § 200.213. A contract award must not be made-to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that 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.
SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530. ii. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction," which is any non-procurement transaction (unless excepted) at either a "primary" or "secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipients.
iii. Specifically, a covered transaction includes the following contracts for goods or services:
1. The contract is awarded by a recipient or subrecipient in the amount of at least $25,000.
2. The contract requires the approval of FEMA, regardless of amount.
Version August 19, 2022
3. The contract is for federally-required auditservices.
4. A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of$25,000.
d Suggested Language. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified.
Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §180.935).
(2) The contractor must comply with 2 C. F. R. pt. 180, subpart C and2 C. F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the Participating Public Agency. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Participating Public Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
10. BYRD ANTI-LOBBYING AMENDMENT
a
b.
Version August 19, 2022
Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352.
FEMA's regulation at44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Federal awarding agency.
Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of$100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix 11(1); 31 U.S.C. § 1352; and44C.F.R. Part 18.
c. Suggested Language.
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall 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 recipient who in turn will forward the certification(s) to the awarding agency.
d Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification.
Version August 19, 2022
APPENDIX A 44 C.F.R. PART 18- CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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 any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid 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, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Version August 19, 2022
The Contractor ,, __Insight ________ Public Sector, Inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and discl ,ur , 1
Lisanne Steinheiser, Global Compliance Officer
Name and Title of Contractor's Authorized Official
October 10, 2022
Date
11. PROCUREMENT OF RECOVERED MATERIALS
a Standard. 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. See 2 C.F.R. Part 200, Appendix ll(J); and 2 C.F.R. §200.322.
h Applicability. This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs.
c. Requirements. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. 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 by 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.
d Suggested Language.
i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired1. Competitively within a timeframe providing for compliance with the contract performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act."
12. DOMESTIC PREFERENCES FOR PROCUREMENTS
As appropriate. and to the extent consistent with law, CONTRACTOR should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.
Applicability For purchases in support of FEMA declarations and awards issued on or after November 12, 2020, all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products a contract provision encouraging domestic preference for procurements.
Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber."
13. ACCESS TO RECORDS
a. Standard. All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing OHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by OHS regulations and other applicable laws or program guidance.
See OHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non-profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or ComptrollerGeneral.
Access to Records. The following access to records requirements apply to this contract:
14. CHANGES
i.The Contractor agrees to provide Participating Public Agency, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
ii.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. iii. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
iv.In compliance with the Disaster Recovery Act of 2018, the Participating Public Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
a. Standard. To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope.
b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured.
15. OHS SEAL, LOGO, AND FLAGS
a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of OHS agency officials. See OHS Standard Terms and Conditions: Version 8.1 (2018).
b. Applicability. FEMA recommends that all non-Federal entities place in their contracts a provision that a contractor shall not use the OHS seal(s), logos, crests, or reproductions of flags or likenesses of OHS agency officials without specific FEMA pre-approval. c. 'The contractor shall not use the OHS seal(s), logos, crests, or reproductions of flags or likenesses of OHS agency officials without specific FEMA pre-approval.
Version August 19, 2022
16. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS a. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders.
b. Applicability. FEMA recommends that all non-Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. c. "This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives."
17. NO OBLIGATION BY FEDERALGOVERNMENT
a. Standard. FEMA is not a party to any transaction between the recipient and its contractor.
FEMA is not subject to any obligations or liable to any party for any matter relating to the contract.
b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
c. "The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract."
18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. §§ 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract.
b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. c. "The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract." Version August 19, 2022
Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation.
Offeror's Name: Insight Public Sector, Inc.
Address, City, State, and Zip Code:
13755 Sunrise Valley Drive, Suite #750, Herndon, VA 20171 Phone Number: 480.333.3012 Fax Number: 480.760.9488 ----------- -------------- Printed Name and Title of Authorized Representative:
Usanne Steinheiser, Gobal C.ompliance Officer
Email Address: [email protected]
Signature of Authorized Representative: - -n'-:...._-H~,,,L-~~t:=a.--==:__----- Date: October 10, 2022
Version August 19, 2022
DOC#l
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed, certified to, and included with all bid and proposal submissions.
Failure to submit the required information is cause for automatic rejection of the bid or proposal.
Name of Organization: Insight Public Sector, Inc.
Organization Address: 2701 E. Insight Way, Chandler, AZ 85286 Part I Check the box that represents the type of business organization:
Csole Proprietorship (skip Parts II and Ill, execute certification in Part IV) Non-Profit Corporation (skip Parts II and 111, execute certification in Part IV) IXJ For-Profit Corporation (any type) □ Limited Liability Company (LLC) □ Partnership □ Limited Partnership □ Limited Liability Partnership (LLP) Cother (be specific): ____________________ _
Part II
ml The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION) OR
□ No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 1 O percent or greater interest therein, as the case may be. (SKIP TO PART IV) (Please attach additional sheets if more space is needed):
Name of Individual or Business Entity Home Address (for Individuals) or Business Address Insight Enterprises, Inc. 2701 E. Insight Way, Chandler, AZ 85286 Version August 19, 2022
Part Ill DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,
PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #'s https://investor. insight. com/financial-reports/sec-filings/sec-filings-details/default. aspx?Filingld= 15584698 82 httos://investor.insiaht.com/financial-reoorts/oroxv-statements/default.asox 31 Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.
Stockholder/Partner/Member and Corresponding Home Address (for Individuals) or Business Address Entity Listed in Part II
N/A
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the <name of contracting unit> is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with <type of contracting unit> to notify the <type of contracting unit> in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the <type of contracting unit> to declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print): Title: Global Compliance Officer
Signature: Date: October 5, 2022
Version August 19, 2022
Name of Form:
Statutory Reference:
Instructions Reference:
Description:
Version August 19, 2022
DOC#2
NON-COLLUSION AFFIDAVIT
STANDARD BID DOCUMENT REFERENCE I Reference: Vll-H
NON-COLLUSION AFFIDAVIT
No specific statutory reference
State Statutory Reference N.J.S.A. 52:34-15
Statutory and Other Requirements VII-H
The Owner's use of this form is optional. It is used to ensure that the bidder has not participated in any collusion with any other bidder or Owner representative or otherwise taken any action in restraint of free and competitive bidding.
DOC #3
AFFIRMATIVE ACTION AFFIDAVIT
(P.L. 1975, C.127)
Company Name: Insight Public Sector. Inc.
Street: 270 I E. Insight Way
City, State, Zip Code: Chandler, AZ 85286
Proposal Certification:
Indicate below company's compliance with New Jersey Affirmative Action regulations. Company's proposal will be accepted even if company is 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:
I. A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);
OR
2. A photocopy of a Certificate of Employee Information Report approval, issued m accordance with N.J.A.C. 17:27-4;
OR
3. A photocopy of an Employee Information Report (Form AA302) provided by the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.
Public Work - Over $50,000 Total Project Cost:
A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA20 I. A project contract ID number will be assigned to your firm upon receipt of the completed Initial Project Workforce Report (AA20 I) for this contract.
8. Approved Federal or New Jersey Plan - certificate enclosed I further certify that the statements and information contained h lhe bes/ ofmy knowledge and belief
1~:,!wi2-:
Veisioo August 19, 2022
in, are complete and correct to
Global Com liance Officer
• nature and Title
DOC #3, continued
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, 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-discriminatio n 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 .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 IO of the Administrative Code (NJAC 17:27).
Version August 19, 2022
DOC #4
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. l 9:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns 2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational.
I. 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. l 9:44A-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, pdffile, 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 http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html# l2.
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 at http://www.nj.gov/dca/divisions/dlgs/resources/lfns 2006.html). 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.
Version August 19, 2022
DOC #4, continued
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 atN.J.S.A. 19:44A-20.7) are subject to the provisions ofP.L. 2005, c. 271, s:2 (N.J.S.A. ~9:4~A20.26). This law provides that IO days prior to the award of such a contract, the contractor shall disclose contnbut10ns to:
• any State, county, or municipal committee of a political party • any legislative leadership committee*
• any continuing political committee (a.k.a., political action committee) • any candidate committee of a candidate for, or holder of, an elective office:
o of the public entity awarding the contract
o of that county in which that public entity is located o of another public entity within that county
o 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:
• individuals with an "interest" ownership or control of more than 10% of the profits or assets of a business entity or I 0% of the stock in the case of a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • 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." Version August 19, 2022
DOC #4, continued
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Required Pursuant to N .J .S.A. l 9:44A-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: I lnsiaht Public Sector Inc.
Address: I 2701 E. Insioht Wav
City: I Chandler I State: AZ I Zip: 85286
The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. I 9:44A-20.26 and as represented by the Instructions ying this form.
Lisanne Steinheiser
Printed Name
Global Compliance Officer
Title
Part II - Contribution Disclosure
Disclosure requirement: Pursuant to N.J.S.A. I 9:44A-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.
D Check here if disclosure is provided in electronic form Contributor Name Recipient Name Date Dollar Amount
None $
D Check here if the information is continued on subsequent page(s) Ve!Sion August 19, 2022
DOC #4, continued
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 Executive}
County Clerk
Surrogate
Sheriff
Municipalities (Mayor and members of governing body, regardless of title):
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A
COUNTY-BASED, CUSTOMIZABLE FORM.
Version August 19, 2022
DOC #6
Certification of Non-Involvement in Prohibited Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32- 56(e) (3)), is listed on the Department of the Treasury's List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 - 56(f).
Offerors wishing to do business in New Jersey through this contract must fill out the Certification of Non-Involvement in Prohibited Activities in Iran here:
http://www.state.nj.us/humanservices/dfd/info/standard/fdc/disclosure investmentact.pdf.
Offerors should submit the above form completed with their proposal.
Version August 19, 2022
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM
STATE OF NEW JERSEY
DEPARTMENT OF THE TREASURY· DIVISION OF PURCHASE AND PROPERTY 33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230 BID SOLICITATION# AND TITLE: 23-6692
VENDOR NAME: Insight Public Sector, Inc.
Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) any person or entity that submtts a bid or proposal or otherwise proposes to enter into or renew a contract must certify that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of the Treasury's Chapter 25 List as a person or entity engaged in investment activities in Iran. The Chapter 25 list is found on the Division's website at https://www.state.nj.us/treasury/purchase/pdf/Chapter25Ust.pdf. Vendors/Bidders must review this list prior to completing the below certification. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or contract, induding but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. 0 □
CHECK THE APPROPRIATE BOX
I certify, pursuant to N.J.SA 52:32-57, et seq. (P.L 2012, c.25 and P.L 2021, c.4), that neither the Vendor/Bidder listed above nor any of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury's Chapter 25 List of entities determined to be engaged in prohibited activities in Iran.
OR
I am unable to certify as above because the Vendor/Bidder and/or one or more of tts parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury's Chapter 25 List I 'hill provide a detailed, accurate and precise description of the activities of the Vendor/Bidder, or one of its parents, subsidiaries or affiliates, has engaged in regarding investment activities in Iran by completing the information requested below.
Entity Engaged in Investment Activities
Relationship to Vendor/ Bidder
Description of Activities
Duration of Engagement
Anticipated Cessation Date
*Attach Additional Sheets If Necessary.
CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing infonnation and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor is under a continuing obligation from the date of this certification through the completion of any contrac~s) wtth the State to notify the State in writing of any changes to the information contained herein; that I am aware that tt is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I may be suqect to criminal prosecution under the law, and it 'hill constttute a material bre y contract(s) 'hith the State, permttting the State to declare any contrad(s) resulting from this certification void and unenforceable. 10/05/2022
Signature Date
Lisanne Steinheiser, Global Compliance Officer
Print Name and Title
DPPRev. 12.13.2021
DOC #7
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
(N.J.S.A. 52:32-44)
Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract. https://www.njportal.com/DOR/BusinessRegistration/
Version August 19, 2022
-
STATE OF NEW JERSEY
BUSINESS REGISTRATION CERTIFICATE
-
,
Ta:1.--payer Name: INSIGHT PUBLIC SECTOR, INC.
Trade Name: INSIGHT PUBLIC SECTOR, INC_
Address: 6820 S_ HARLAVK
TEMPE, AZ. 85283
Certificate Number: 1002602
Effective Date: July 15, 2003
Date of Issuance: October 04, 2022
For Office Use Only:
20221004125800006
DOC #8
EEOAA EVIDENCE
Equal Employment Opportunity/Affirmative Action
Goods, Professional Services & General Service Projects EEO/ AA Evidence
Vendors are required to submit evidence of compliance with N.J.S.A. I 0:5-31 et seq. and N.J.A.C. 17:27 in order to be considered a responsible vendor.
One of the following must be included with submission:
• Copy of Letter of Federal Approval
• Certificate of Employee Information Report
• Fully Executed Form AA302
• Fully Executed EEO-I Report
See the guidelines at:
https://www.state.nj.us/treasury/contract compliance/documents/pdf/guidelines/pa.pdf for further information.
I certify that my bid package includes the required evidence per the above list and State website.
Title: Global Compliance Officer
Date: October 5, 2022
DOC #9
MACBRIDE-PRINCIPLES
TATE OF NEW JERSEY DEPARTMENT OF THE TREASURY
IVISION OF PURCHASE AND PROPERTY
3 WEST ST A TE STREET, P.O. BOX 230
RENTON, NEW JERSEY 08625-0230
MACBRIDE PRINCIPALS FORM
BID SOLICITATION#: 23-6692 VENDOR/BIDDER: Insight Public Sector, Inc.
VENDOR'S/BIDDER'S REQUIREMENT
TO PROVIDE A CERTIFICATION IN COMPLIANCE WITH THE MACBRIDE PRINCIPALS AND NORTHERN IRELAND ACT OF 1989
Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder selected, after public bidding, by the Director of the Division of Purchase and Property, pursuant to N.J.S.A. 52:34-12, must complete the certification below by checking one of the two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise be awarded a purchase, contract or agreement does not complete the certification, then the Director may determine, in accordance with applicable law and rules, that it is in the best interest of the State to award the purchase, contract or agreement to another Vendor/Bidder that has completed the c.ertitication and has submitted a bid w ithin five (5) percent of the most advantageous bid. If the Director finds contractors to be in violation of the principals that are the subject of this law, he/she shall take such action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.
I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that:
0 CHECK THE APPROPRIATE pox
The Vendor/Bidder has no business operations in Northern Ireland; or OR D The Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principals of nondiscrimination in employment as set forth in section 2 of P.L. 1987, c. 177 (N.J.S.A. 52: I SA-89.5) and in conformance with the United Kingdom's Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of its compliance with those principals.
CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalfofthe Vendor/Bidder, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor/Bidder is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I will be subject to criminal prosecution under the law, and it will constitute a material breach of my agreement(s) with the State, permitting the State to declare any contract(s) resulting from this certification to be 01 and unenforceable.
October 5, 2022
Date
COBB COUNTY
Purchasing Department
122 Waddell Street NE
Marietta, Georgia 30060
(770) 528-8400, fax: (770) 528-8428
[email protected]
ADDENDUM No. 1
Sealed Bid # 23-6692
Request for Proposals
Technology Product Solutions and Related Services
Cobb County Purchasing Department
Date: September 19, 2022
Roger Ball
Purch3Sing Director
The following addendum hereby amends and/or modifies the Proposal Documents and specifications as originally issued for this project. All proposers are subject to the provisions of this Addendum.
This Addendum consists of:
• Minutes, Questions and Clarifications from Pre-Proposal Meeting held via Webex on September 14, 2022
• Sign-In Sheet(s) from Pre-Proposal Meeting
• Questions Submitted in Writing
• Attachment - Financial Ratio Evaluation Excel Spreadsheet Receipt of addendum MUST be acknowledged in the submitted propo:sal. It is the Proposer's ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal.
This acknowledgment form must be signed, dated, and incliuded with your submitted proposal Insight Public Sector, Inc. October 4, 2022
Date
Lisanne Steinheiser, Global Compliance Officer
Please Print Name
All bids must be received before 12:00 {noon) by the Bid Opening date. Bids shall be delivered to Cobb County Purchasing Department, 122 Waddell Street NE, Marietta, GA 30060.
1
COBB COUNTY
Purchasing Department
122 Waddell Street NE
Marietta, Georgia 30060
(770) 528-8400• fax: (770) 528-8428
[email protected]
ADDENDUM No. 2
Sealed Bid # 23-6692
Request for Proposals
Technology Product Solutions and Related Services
Cobb County Purchasing Department
Date:September30,2022
Roger Ball
Purchasing Director
The following addendum hereby amends and/or modifies the Proposal Documents and specifications as originally issued for this project. All proposers are subject to the provisions of this Addendum.
This Addendum consists of:
• Questions Submitted in Writing
Receipt of addendum MUST be acknowledged in the submitted proposal. It is the Proposer's ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal.
This acknowledgment form must be signed, dated, and included with your submitted proposal Insight Public Sector, Inc. October 4, 2022
Date
Lisanne Steinheiser, Global Compliance Officer
Please·Print Name
All bids must be received before 12:00 (noon) by the Bid Opening date. Bids shall be delivered to Cobb County Purchasing Department, 122 Waddell Street NE, Marietta, GA 30060.
1 COBB COUNTY
, Purchasing Department
122 Waddell Street l\'E
Marietta, Georgia 30060
(770) 528-8400· fa.~ (770) 528-8428
[email protected]
ADDENDUM No. 3
Sealed Bid # 23-6692
Request for Proposals
Roger Ball
Purchasing Director
Technology Product Solutions and Related Services
Cobb County Purchasing Department
Date: October 5, 2022
The following addendum hereby amends and/or modifies the Proposal Documents and specifications as originally issued for this project. All proposers are subject to the provisions of this Addendum.
This Addendum consists of:
• Questions Submitted in Writing
Receipt of addendum MUST be acknowledged in the submitted proposal. It is the Proposer's ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal.
This acknowledgment form must be signed, dated, and included with your submitted proposal Insight Public Sector, Inc. October 5, 2022
Date
Lisanne Steinheiser, Global Compliance Officer
Please Print Name
All bids must be received before 12:00 (noon) by the Bid Opening date. Bids shall be delivered to Cobb County Purchasing Department, 122 Waddell Street NE, Marietta, GA 30060.
1 020624-SYN
Rev. 3/2022 1
Solicitation Number: RFP #020624
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and TD Synnex Corporation, 39 Pelham Ridge Dr., Greenville, SC 29615 (Supplier).
Sourcewell is a State of Minnesota local government unit 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 eligible 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.
Sourcewell issued a public solicitation for Private Wireless Services with Related Solutions from which Supplier was awarded a contract.
Supplier 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 upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires May 3, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Sourcewell ~
020624-SYN
Rev. 3/2022 2
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Supplier’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 and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’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. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’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.
DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 020624-SYN
Rev. 3/2022 3
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, Supplier 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. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier 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 Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier 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
Supplier 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 Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 020624-SYN
Rev. 3/2022 4
Identify the applicable Sourcewell contract number;
Clearly specify the requested change;
Provide sufficient detail to justify the requested change; Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and 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 Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts 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. Supplier understands that a Participating 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.
Supplier 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.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’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 contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 •
•
•
•
•
020624-SYN
Rev. 3/2022 5
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. 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 or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. 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/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier 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.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 020624-SYN
Rev. 3/2022 6
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will 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:
Maintenance and management of this Contract;
Timely response to all Sourcewell and Participating Entity inquiries; and Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier 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, sales data reports, performance issues, 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, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
Participating Entity Name (e.g., City of Staples Highway Department); Participating Entity Physical Street Address;
Participating Entity City;
Participating Entity State/Province;
Participating Entity Zip/Postal Code;
Participating Entity Contact Name;
Participating Entity Contact Email Address;
Participating Entity Contact Telephone Number;
Sourcewell Assigned Entity/Participating Entity Number; Item Purchased Description;
Item Purchased Price;
Sourcewell Administrative Fee Applied; and
Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee for Commodity Products equal to eighty (80) percent DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 •
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
020624-SYN
Rev. 3/2022 7
of one (1) percent (“80 BPS”) and for Enterprise Products equal to two (2) percent or (“200 BPS”)to Sourcewell. “Commodity Products” shall include, but not be limited to, Products such as servers, networking equipment, and endpoint devices such as desktop, laptop, tablets and print devices.
Also includes peripheral devices such as monitors, docking stations, UPS/power, telephony, furniture, and other accessories and supplies. “Enterprise Products” shall include, but not be limited to, are High-End enterprise class Datacenter Server/Storage that support cloud, AI/ML, and data center solutions, that require specific vendor authorization to purchase.The Administrative Fee will be based upon the sales price to Participating Entities and must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment 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 Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier 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 Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier 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.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 020624-SYN
Rev. 3/2022 8
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six 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.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship 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. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier 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. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 020624-SYN
Rev. 3/2022 9
IN NO EVENT SHALL SUPPLIER, ITS AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHER DAMAGES,
INCLUDING COSTS FOR PROCUREMENT OF SUBSTITUTE OFFERINGS OR SERVICES, LOST PROFITS OR LOST REVENUE.
12. GOVERNMENT DATA PRACTICES
Supplier 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, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’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 their respective subsidiaries, distributors, dealers, resellers, 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. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. 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 suppliers which may be used until the next printing). Supplier must return all DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 020624-SYN
Rev. 3/2022 10
marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding 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 Supplier 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. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. 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.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, 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, DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 020624-SYN
Rev. 3/2022 11
Sourcewell and the Supplier 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 Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
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.
The party claiming default must provide written notice of the default, with 30 calendar days to cure the 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:
Exercise any remedy provided by law or equity, or
Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier 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
DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 •
•
020624-SYN
Rev. 3/2022 12
2. Commercial General Liability Insurance. Supplier 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, independent contractors, products-completed operations including construction defect, contractual liability, blanket 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 liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier 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, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier 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 Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 020624-SYN
Rev. 3/2022 13
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 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier 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 Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. 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 in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 020624-SYN
Rev. 3/2022 14
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, 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. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier 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 Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier 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. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. 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 have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’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 DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 020624-SYN
Rev. 3/2022 15
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 nonfederal 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. Supplier 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 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. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 020624-SYN
Rev. 3/2022 16
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. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier 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).
Supplier 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. Supplier 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 AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers 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 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. Suppliers 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. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 020624-SYN
Rev. 3/2022 17
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier 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, Supplier 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 the extent applicable, Supplier 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). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’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 Supplier’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.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 020624-SYN
Rev. 3/2022 18
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
Balance of Page Intentionally Left Blank
DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 020624-SYN
Rev. 3/2022 19
22. CANCELLATION
Sourcewell or Supplier 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 Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell TD Synnex Corporation
By: __________________________ By: _________________________ Jeremy Schwartz Ed Somers
Title: Chief Procurement Officer Title: Vice President
Date: ________________________ Date: ________________________ DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1 -00FD44D0E751 5/3/2024 I 12:59 PM CDT 5/3/2024 I 12:42 PM CDT
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 RFP 020624 - Private Wireless Services with Related Solutions Vendor Details
Company Name: TD SYNNEX Corporation
Does your company conduct
business under any other name? If TD SYNNEX
yes, please state:
Address:
Contact:
Email:
Phone:
Fax:
HST#:
Submission Details
Created On:
Submitted On:
Submitted By:
Email:
Transaction#:
Submitter's IP Address:
39 Pelham Ridge Dr.
Greenville, SC 29615
Randy Finley
[email protected]
510-402-7058
510-360-6609
94-2703333
Friday January 19, 2024 12:13:17
Tuesday February 20, 202416:06:36
Randy Finley
[email protected]
987 5d4e 1-d950-4648-af6e-3895a6985b22
68.187.162.162
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation).
Line Question Response * Item
1 Proposer Legal Name (one legal entity only): TD SYNNEX Corporation (In the event of award, will execute the
resulting contract as "Supplier'')
2 Identify all subsidiary entities of the Proposer DL T Solutions, LLC - a TD SYNNEX Corporation Company whose equipment, products, or services are
included in the Proposal.
3 Identify all applicable assumed names or DBA TD SYNNEX, TD SYNNEX Public Sector, or DL T. names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.
4 Provide your CAGE code or Unique Entity TD SYNNEX SAM Unique Entity Identifier: L YXBWDHL4VR9 Identifier (SAM):
5 Proposer Physical Address: 39 Pelham Ridge Dr. Greenville, SC 29615 6 Proposer website address (or addresses): www.tdsynnex.com 7 Proposer's Authorized Representative (name, Ed Somers; Vice President; 39 Pelham Ridge Dr. Greenville, SC 29615; title, address, email address & phone) (The [email protected]; 864-230-9730 representative must have authority to sign
the "Proposer's Assurance of Compliance" on
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):
8 Proposer's primary contact for this proposal Randy Finley; Senior Director; 39 Pelham Ridge Dr. Greenville, SC 29615; (name, title, address, email address & phone): [email protected]; 510-402-7058 9 Proposer's other contacts for this proposal, if Katie Bullock; Contract Analyst; 39 Pelham Ridge Dr. Greenville, SC 29615; any (name, title, address, email address & [email protected]; 864-349-4368 phone):
Table 2: Company Information and Financial Strength
Line Item Question
10 Provide a brief history of your company,
including your company's core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.
Response *
TD SYNNEX has come together through a history of balanced Mergers & Acquisitions and organic growth. On March 22, 2021, SYNNEX Corporation (NYSE:
SNX) and Tech Data Corporation announced a definitive merger agreement under which SYNNEX and Tech Data will combine. The combined company, with a team of over 23,000 co-workers will provide customers and vendors with expansive reach across products, services, and geographies to accelerate technology adoption. Tech Data was wholly owned by funds managed by affiliates of Apollo Global Management, Inc. (NYSE: APO) (the "Apollo Funds") and their co-investors.
The merger with Tech Data was completed on September 1, 2021 . The combined company was named TD SYNNEX Corporation.
Headquartered in Fremont, CA and Clearwater, FL, TD SYNNEX is an industry leader in IT distribution with global operations. TD SYNNEX is listed on the New York Stock Exchange (NYSE: SNX) and is ranked #64 on the 2023 Fortune 500.
TD SYNNEX has built upon its core distribution business to create a highly efficient hybrid model that provides customers with a wide range of solutions and valueadded services. A publicly-traded corporation on the New York Stock Exchange (SNX), TD SYNNEX is a global business process services company, providing outsourcing services in IT distribution, contract assembly, logistics management, and more to resellers and original equipment manufacturers (OEMs) around the world.
TD SYNNEX distributes technology products from more than 2,500 world-leading IT .
.
.
.
.
.
.
.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 OEM suppliers to more than 25,000 resellers throughout the US, Canada, and Mexico. Our focused product categories include IT systems, rugged mobility, peripherals, system components, software, and networking.
TD SYNNEX Public Sector is a specialized, fully integrated business unit that focuses on bridging the gap between technology partners and U.S. public sector organizations so they can achieve their individual missions. This is accomplished through specialized and scalable aggregator solutions, including channel enablement, engineering services and support, industry-centric marketing, the Diversity Alliance Program, and our Cloud Navigator, Enterprise Agreement Platform, Confirmed Stateside Support and Secure Software Factory offerings.
TD SYNNEX Public Sector has been exclusively focused on the Public Sector, including higher education customers, since 1991 . The organization has experience with some of the nation's largest state universities and community colleges. The organization consists of approximately 400 co-workers.
TD SYNNEX tracks sales in the traditional public sector verticals of Education, State/Local government, and Federal. Education sales include all K-12, higher education (colleges and university), and community, and/or vocational & technical college revenue. State/Local government sales include all state and local government, but also includes any city, local, township, municipal, borough, county, parish, and/or commonwealth, revenue. Federal sales include all civilian, defense, and/or administrative revenue, also includes sales to prime contract holders and federal integrators.
National Presence, Nationwide Distribution Capabilities:
TD SYNNEX' distribution model focuses on top-tier manufacturers, offering valueadded resellers, system integrators, and solution providers access through knowledgebased sales consultants. We have over 1 million square feet of warehouse space across 15 distribution centers, located strategically throughout the United States.
TD SYNNEX offers:
Proven distribution, logistics and product management processes Excellent past performance in the Public Sector market
A national presence and nationwide distribution network ISO 9001-certifed supply chain that increases efficiencies and reduces costs Supply Chain Risk Management (SCRM) Plan (available upon request) Customs-Trade Partnership Against Terrorism (C-TPAT) Certified Membership in Transported Asset Protection Association (TAPA) Experienced government contractor with both Federal and State contracts A nationwide network of value-added resellers and solution providers with one or more SBA certified small business socio-economic statuses.
TD SYNNEX is 23,000 coworkers of the IT industry's best and brightest, who share an unwavering passion for bringing compelling technology products, services and solutions to the world. We're an innovative partner that helps our customers maximize the value of IT investments, demonstrate business outcomes and unlock growth opportunities.
At our core, we're a company that cares. We care about our partners, our coworkers, our investors and the world around us. And we're committed to being a diverse, inclusive employer of choice and a good corporate citizen.
Living our Values. We hold ourselves to the highest standards every day. That's the key to unlocking the potential of the IT ecosystem.
INCLUSION - Your voice matters.
With diverse backgrounds, expertise and experiences, our co-workers make us who we are. When we seek to understand one another and recognize the power of the individual, we demonstrate respect and dignity; we learn, evolve and unlock potential to achieve outstanding results for our customers and win together.
This broad perspective is integral to our commitment to diversity, equity and inclusion.
COLLABORATION - We amplify strengths.
We meet the ever-evolving demands of our customers and the marketplace by bringing out the best in our people and our partners across every aspect of the supply chain.
When we leverage our collective expertise, listen well, support and inspire each other we do more than achieve our goals - we do great things.
INTEGRITY - Character counts.
Acting with honesty, transparency, respect and fairness builds trust. Trust fosters the entrepreneurial spirit and is a catalyst for innovation that drives outstanding results for our
customers.
When we hold each other accountable to the highest standards, we create an open Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 11 12
13 and honest environment that fosters creative ideas and brings value to our customers, vendors and each other.
EXCELLENCE - We win.
We deliver value to our customers and vendors through our strong work ethic and our commitment to excellence. We proactively seek opportunities and address challenges. We adapt quickly and execute confidently to maximize results for our partners and our business.
When we embrace a driven mindset, the strengths of individual ownership and collaboration come together naturally, learning embeds itself in the process and we deliver meaningful experiences everywhere.
What are your company's expectations in the We expect to exceed hundreds of thousands of dollars in sales in our first year and event of an award? thereafter achieve year-over- year growth in excess of 15% per year. If our valueadded products are accepted for award, with this broader spectrum of solutions and services that we could offer on a potential award, this will result in an increase of business as well as an increase in market awareness for this contract. The Sourcewell contract will be a valuable extension to both TD SYNNEX and Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
What is your US market share for the
solutions that you are proposing?
Sourcewell participating entities and would be advantageous in markets such as airports, cities/governments, universities/stadiums, K-12, healthcare, and ports/warehouses.
TD SYNNEX will utilize a network of reseller partners who will interface with the Sourcewell customers, providing onsite assessments/consultation, product information, technical support, customer service support and post-sales support as authorized.
Authorized TD SYNNEX reseller partners will be responsible for invoicing Sourcewell customers directly on behalf of TD SYNNEX.
Reseller Order Fulfillers will be utilized under the TD SYNNEX Sourcewell program contract. These resellers will be required to maintain the appropriate vendor authorizations and sign agreements with TD SYNNEX agreeing to follow the terms and conditions of our Sourcewell program contract. Resellers will be reviewed on a regular basis to ensure we have the appropriate resources to support this contract.
TD SYNNEX Corporation is a publicly traded company on the New York Stock Exchange under the stock symbol SNX.
On March 22, 2021 , SYNNEX Corporation (NYSE: SNX) and Tech Data Corporation announced a definitive merger agreement under which SYNNEX and Tech Data will combine. Tech Data was wholly owned by funds managed by affiliates of Apollo Global Management, Inc. (NYSE: APO) (the "Apollo Funds") and their co-investors.
The merger with Tech Data was completed on September 1, 2021. The combined company was named TD SYNNEX Corporation.
D&B Finance Analytics report and FY2023 Fourth Quarter & Full Year Results press release (https://s22.q4cdn.com/848111767/files/doc_financials/2023/q4/FQ4-23-EarningsPress-Release.pdf) provided as supporting documents (See file TD SYNNEX Response - Financial Strength and Stability_DB_TD SYNNEX CORPORATION_12.27.2003.pdf page 1) and see file TD SYNNEX Response - Financial Strength and Stability_FQ4-23-Earnings-Press-Release.pdf page 1) For calendar year 2023, TD SYNNEX estimates that the Total Available Market for Public Sector IT spend was ~$256 Billion, with ~$59 Billion being IT products. TD SYNNEX represented 20% ($11 .6 Billion) of the products market share. Market share will vary by manufacturer.
Ericsson, a Cradlepoint company, is the largest radio access network (RAN) supplier in the United States with a market share over 50%.
US Market Share
About 50% of the 5G traffic outside of China run on Ericsson networks. R&D investments over the past four years have led to Ericsson increasing its market share outside of China to 39 percent in 2022, from around 33% in 2017. (Source:
Gartner)
• Ericsson was named a leader in the 2023 Gartner® Magic Quadrant™ for 5G Network Infrastructure for CSPs report.
• Ericsson positioned as a Leader for the third year in a row. • Ericsson's commercial 5G leadership and technology evolution is independently known industry-wide.
• Ericsson positioned highest for 'Ability to Execute' in the Gartner® Magic Quadrant™
Ericsson became a top RAN vendor in 2021 with 26.9% market share overtaking China's Huawei as the top Radio Access Network (RAN) vendor in 2021 , helped by delving 5G solutions in the US market (Source: Mobile Experts) Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 14 15
16 What is your Canadian market share for the
solutions that you are proposing?
Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
How is your organization best described: is
it a manufacturer, a distributor/dealer/reseller,
or a service provider? Answer whichever
question (either a) or b) just below) best
applies to your organization.
a) If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
Ericsson is a prominent player in making a Connected Canada possible for 70 years. Our prominence in the Canadian Market is evidenced by our commitment to R&D Economic Development in the country.
Research & Development
• Investing an average of $35M/year - $6.BB+ overall
• Among the top 14 R&D spenders in Canada
• 2000+ Canadian patents in a global repertoire of 60,000 Economic Development
• Largest Canadian 5G network service provider
• Drive digital change with 5G technology
• ENCQOR partner to 5G labs that develop use cases
In Canada, Ericsson provides 5G infrastructure products and services for Bell, Eastlink, Rogers, TBAYTEL, TELUS, Videotron and Xplore and live 5G commercial networks across the country. We enable private network solutions as well as transport and critical infrastructure to remote mines and utilities across the country through client partnerships with Ambra, Hydro BC, Hydro One, Hydro Quebec and more. We have more than 170 5G commercial agreements or contracts with unique service providers globally.
With state-of-the-art 5G R&D centers and offices in Montreal, Ottawa and Toronto, we are working closely with partners, Canadian telecommunications leaders and the Canadian government to rollout a secure 5G network for the entire country.
Ericsson's largest R&D site in North America is in Ottawa. The Ottawa lab is a strategic R&D site with end-to-end development capabilities. It's also one of the few Verification Centres for Ericsson. Our teams work in all phases of the product development cycle, from research, architecture, systematization, hardware/software design, integration, test, field test, and customer support. Since 2020, our Ottawa Open Lab has been a key site on the recently created Cloud RAN product development unit responsible for Ericsson Cloud RAN products worldwide. Ericsson also established its Global Al accelerator division in 2019 in Montreal. This 5G innovation hub focuses on R&D in Al and automation to leverage innovative technologies an and create data-drive, intelligent and robust system automation, evolution and growth.
No. TD SYNNEX is a publicly traded company (NYE: SNX) in good financial standing.
In response to question a): TD SYNNEX is an authorized distributor. Cradlepoint's Letter of Authorization as an Authorized Distributor has been made available as an uploaded document (See file TD SYNNEX Response - Additional Document.pdf page 3)
Ericsson's EP5G private network solution is only available in the United States and Canada through its subsidiary Cradlepoint. TD SYNNEX is offering both EP5G and Cradlepoint's NetCloud Private Networks (NCPN) through Cradlepoint.
TD SYNNEX holds all necessary authorizations, approvals, and master distributor agreements to be a tier one distributor, based on the different vendor requirements. TD SYNNEX relies upon a network of independent dealers, resellers and solutions providers to provide onsite sales and support to end user agencies.
Resellers authorized to sell under this contract will be required to sign a Dealer Agreement acknowledging the Terms and Conditions of the contract in order to participate.
In order to best serve Sourcewell's participating entities, TD SYNNEX proposes including the entire TD SYNNEX line card of over 2,500 IT manufacturers and Authorized Service Providers as a Value-Add to the contract. This would provide entities full service solutions while providing a unique "Best Value" option for participating entities. A copy of the complete TD SYNNEX line card has been included in our response.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 17 18
If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
Provide all "Suspension or Debarment"
information that has applied to your
organization during the past ten years.
TD SYNNEX is an Authorized Distributor of Cradlepoint product and services for the United States and Canada. In September 2020, Ericsson purchased Cradlepoint and Cradlepoint is now the channel go-to-market path for Ericsson's EP5G.
All Resellers approved as Cradlepoint Authorized Resellers under this contract are required to hold all appropriate certifications and specifications. Specific certifications and specializations for Private Networking include but are not limited to CBRS certified Professional Installer (as required by the FCC), NetCloud Private Networks Sales Professional Certification, and NetCloud Private Networks Solution Engineer Specialist.
Cradlepoint's Partner Program's quality management process includes performing due diligence on all new VARs with material changes to their contract with Cradlepoint. Due diligence includes screenings against watchlists, adverse media, and government affiliations. Their partners are rescreened on a cadence determined by the business and contract performance to capture any changes in their business structure and/or affiliations. The TD SYNNEX Sourcewell Contract Manager will conduct ongoing audits to verify compliance with the Terms and Conditions of the contract and will perform contract performance reviews to ensure we have authorized the best servicing partners for Sourcewell's participating entities' needs.
By ensuring that tiered expectations are met, and that training and certifications are completed, we are assured of the quality of Cradlepoint's Partners performance throughout the contract term.
Certification & Accreditation
Accreditation is recognition and validation for Partners who have demonstrated superior levels of business, sales, and technical expertise that addresses customer solution needs in areas of operation, administration, design, implementation, and troubleshooting.
Ericsson holds the following certifications and licenses:
• ISO 9001 : 2015 - Quality Management System
• ISO 14001 :2015 - Environmental Management System Standard • ISO/IEC 27001 :2013 - Information Security Management System • ISO 45001 :2018 - Occupational Health and Safety Management System • US Federal Communications Commission (FCC) Citizen Broadband Radio Service (CBRS) certification for CBRS portfolio
Cradlepoint holds two cellular industry certifications: PTCRB for North America and GCF-CC for the rest of the world. These certifications ensure that Cradlepoint endpoints are safe to operate on a carrier/operator network and allows Cradlepoint product to work globally.
Cradlepoint Product Manufacturers are ISO9001 Certified. Additionally, Cradlepoint's processes are aligned to the ISO9001 standard.
A Cradlepoint Letter of Authorization as an Authorized Distributor has been made available as an uploaded document (See file TD SYNNEX Response - Additional Document.pdf page 3). TD SYNNEX is ISO 9001 :2015 certified. ISO Certificate has also been made available as an updated document (See file TD SYNNEX Response - Additional Document.pdf page 4).
TD SYNNEX has not had any suspensions or debarment proceedings in the past 10 years.
Table 3: Industry Recognition & Marketplace Success
Line Question Response * Item
19 Describe any relevant industry awards or TD SYNNEX Awards recognition that your company has received The expertise of SYNNEX has been recognized worldwide, with a range of in the past five years accolades and awards. Our vendors, resellers and clients are proud to call us partners as we continue to support their business strategies with best-in-class technology and business solutions.
2024 & 2023 Fortune World's Most Admired Company
2023 & 2022 TD SYNNEX Earns Great Place to Work Certification Aruba
Distributor of the Year, U.S. and Canada (2021, 2019, 2018, 2017) Canada Distributor of the Year (2020); Andean Distributor of the Year, SYNNEX Westcon Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Colombia (2019)
Beyond Trust
Beyond Trust, Value Added Distributor of the Year, Westcon Brazil and Westcon Mexico (2019)
Check Point
Distributor of the Year, SYNNEX Westcon, North American (2020, 2019, 2018); Distributor of the Year, SYNNEX Westcon Brazil (2019)
Cisco
Global Distributor of the Year, SYNNEX Comstor, U.S. (2020); Americas Distributor of the Year, SYNNEX Comstor, U.S. (2020); North America Distributor Cisco Marketing Innovator, SYNNEX Comstor (2020); LATAM Distributor of the Year SYNNEX Comstor LATAM (2020,2019); Distributor of the Year MCO SYNNEX Comstor Colombia (2020,2019); Distributor of the Year Mexico SYNNEX Comstor Mexico (2020); Distributor of the Year CANSAC SYNNEX Comstor CANSAC (2019); Marketing Innovator Distributor of the Year SYNNEX Comstor LATAM (2019) Citrix
Distributor of the Year, Westcon Americas, Brazil (2018) CommScope
Ruckus Networks North America and LATAM Distributor of the Year, SYNNEX Westcon (2019); Ruckus Networks Canada Distributor of the Year (2018); Ruckus Networks Trailblazer Unleashed, U.S. (2017)
Digi
North American Distribution Partner of the Year, U.S. and Canada (2019) Digium
Pinnacle Partner Canadian Distributor of the Year (2019) Fortinet
Latin America Distributor of the Year, SYNNEX Westcon-Comstor (2021) F5
Latin America Distributor of the Year, SYNNEX Westcon, (2019, 2018, 2017) Fireman
Americas Distributor of the Year (2019); North American FireMon Ignite Distributor of the Year (2018)
Hewlett Packard Enterprise
Global Distributor of the Year (2023 &2021 ); North America Distributor of the Year (2020, 2023); Distributor of the Year, U.S. (2019, 2017) HP Inc.
Partner of the Year, Personal Systems, Print Hardware and Supplies, U.S., (2023 & 2019); Partner of the Year, Personal Systems, Print Hardware and Supplies, Canada (2023); Canada Distributor of the Year, SYNNEX Canada (2019); Partner of the Year, Personal Systems, Print Hardware and Supplies, U.S. (2019) lnfoblox
North American Distributor of the Year (2019); Distribution Partner of the Year, SYNNEX Westcon-Comstor, U.S. (2018)
ISG
Technology Vendor of the Year, U.S. (2020)
Intel
DCG Distributor of the Year, U.S. (2021, 2019, 2018); CCG Distributor of the Year, U.S. (2018)
Juniper Networks
Distributor of the Year, SYNNEX Westcon, Mexico (2018)
Kensington
Distributor of the Year, U.S. (2019)
Lifesize
Global Distribution Partner of the Year (2019); Americas Distributor of the Year (2018)
Microsoft
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Worldwide Surface Partner of the Year (2023); Operational Excellence Partner of the Year (2023); Worldwide Partner of the Year (2022); Surface Transfom1ation Distributor of the Year, U.S. (2020, 2019); Indirect Provider of the Year for Latin America and the Caribbean Region, SYNNEX Westcon-Comstor, Brazil, (2020); WW Devices Distributor of the Year, (2019, 2017); Partner of the Year, Westcon Colombia (2019); SAP on Azure Partner of the Year LATAM, Westcon Colombia; Modem Workplace U.S. Distributor of the Year, OEM Devices Partner, U.S. (2019); OEM Windows Pro Devices Partner of the Year and Surface Hub Partner of the Year, U.S. (2018)
NetApp
Major Revenue Distributor of the Year, Westcon Americas, Brazil (2018) Palo Alto Networks
Most Growth, Americas, (Education), SYNNEX Westcon, North America, (2020); Distributor of the Year, SYNNEX Westcon, North Latin America (2018), Global and North American Distributer Partner of the Year (2023)
Panasonic
North America Distributor of the Year (2019)
PureStorage
Disruptor of the Year Partner Award, SYNNEX Westcon-Comstor, LATAM (2019) Red Hat
Commercial Distributor of the Year, North America (2019, 2017, 2016, 2014, 2013); Training Distributor of the Year, North America (2019, 2018, 2017) Samsung
Mobile Distribution Partner of the Year (2020); Overall Distribution Partner of the Year, Smart Signage Award (2020)
Seagate
Enterprise Distributor of the Year, U.S. (2019, 2018)
Symantec
SecureOne Services Excellence Award, Americas, Westcon LATAM (2019) Veeam
North American Distributor of the Year (2022)
VMWare
Emerging Markets Global and Americas Distributor of the Year, Westcon Americas, Latin America (2018); Education Services Partner of the Year, Westcon Mexico, Latin America (2018)
Ericsson Awards
Ericson received recognition as the Gulf Region 5G Innovator of the Year at the ITP.net Technology leadership Awards 2022. The award endorsed Ericsson's position as the 5G market leader, forerunner in mobile connectivity solutions for telecommunications and industries, as its role in driving digitalization across various continents.
Ericsson was named a Leader in the 2023 Gartner Magic Quadrant for 5G Network Infrastructure for Communications Service Providers.
Ericsson's USA 5G Smart Factory in Lewisville, Texas, has been recognized by the World Economic Forum as a global front runner in the Fourth Industrial Revolution (4IR). The Forum has awarded the site with its prestigious "*Global Lighthouse" designation in recognition of Ericsson's deployment of next-generation technology at the site and its subsequent impact - including an impressive 2.2 times improved output per employee when compared to a similar site without the automation and 4IR improvements.
In 2023, Ericsson won the coveted 5G Innovator of the Year at the edge Technology Leadership Awards for the second year in a row.
Ericsson was recognized as the 2023 Google Cloud Industry Solution Technology Partner of the Year Award for innovating its market-leading 5G portfolio on Google Cloud technology.
Ericsson received recognition as the leading private networking provider from analyst fim1 Kaleido Intelligence in its Connectivity Vendor Hub: Private Networks 2022 research report. Assessed amongst 38 leading private L TE/5G vendors, Ericsson ranked as the number one private networks solution provider, heralded for its support of 4G and 5G technology across all deployments, and its powerful Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 20 What percentage of your sales are to the
governmental sector in the past three years
combination of pre-integrated hardware and software.[JM1] [RF2] [RF3] Ericson received recognition as the Gulf Region 5G Innovator of the Year at the ITP.net Technology leadership Awards 2022. The award endorsed Ericsson's position as the 5G market leader, forerunner in mobile connectivity solutions for telecommunications and industries, as its role in driving digitalization across various continents.
Cradlepoint Awards
CRN 10 Hottest Networking Products of 2023: The 10 Hottest Networking Products Of 2023 (cm.com)
CRN Tech Innovators Award for 2023: The 2023 Tech Innovator Awards I CRN Forbes recognition: Ericsson And Its Private Networking Journey (forbes.com) TD SYNNEX tracks sales in the traditional public sector verticals of Education, State/Local government, and Federal. Education sales include all K-12, higher education (colleges and university), and community, and/or vocational & technical college revenue. State/Local government sales include all state and local government, but also includes any city, local, township, municipal, borough, county, parish, and/or commonwealth, revenue. Federal sales include all civilian, defense, and/or administrative revenue, also includes sales to prime contract holders and federal integrators.
TD SYNNEX Public Sector fiscal year 2021 public sector sales were in excess of $9.4 Billion (29.7% of overall company revenue):
Education $4 Billion
State/Local government $2.5 Billion
Federal $2.9 Billion
TD SYNNEX Public Sector fiscal year 2022 public sector sales were in excess of $11 .2 Billion (18.0% of overall company revenue):
Education $4 Billion
State/Local government $3.3 Billion
Federal $3.9 Billion
TD SYNNEX Public Sector fiscal year 2023 public sector sales were in excess of $11 .6 Billion (20.2% of overall company revenue):
Education $3.9 Billion
State/Local government $3.5 Billion
Federal $4.0 Billion
***FY 2023 Overall Public Sector Contracts business $1 .3 Billion*** TD SYNNEX fiscal year starts on December 1st of the current year and ends on November 30th of the following year.
FY 2020 $24,676,000,000.00 (Legacy SYNNEX Corporation only) FY 2021 $31 ,614,000,000.00 (Legacy SYNNEX Corporation only) On March 22, 2021, SYNNEX Corporation (NYSE: SNX) and Tech Data Corporation announced a definitive merger agreement under which SYNNEX and Tech Data will combine. The combined company, with a team of over 23,000 coworkers will provide customers and vendors with expansive reach across products, services, and geographies to accelerate technology adoption. Tech Data was wholly owned by funds managed by affiliates of Apollo Global Management, Inc. (NYSE:
APO) (the "Apollo Funds") and their co-investors.
The merger with Tech Data was completed on September 1, 2021. The combined company was named TD SYNNEX Corporation.
FY 2022 $62,343,800,000.00
FY 2023 $57,555,400,000.00
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 21 22
What percentage of your sales are to the
education sector in the past three years
List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
TD SYNNEX tracks sales in the traditional public sector verticals of Education, State/Local government, and Federal. Education sales include all K-12, higher education (colleges and university), and community, and/or vocational & technical college revenue.
Fiscal year 2021 Education sales were in excess of $4 Billion (12.7% of overall company revenue)
Fiscal year 2022 Education sales were in excess of $4 Billion (6.4% of overall company revenue)
Fiscal year 2023 Education sales were in excess $3.9 Billion (6.8% of overall company revenue)
TD SYNNEX fiscal year starts on December 1st of the current year and ends on November 30th of the following year.
FY 2020 $24,676,000,000.00 (Legacy SYNNEX Corporation only) FY 2021 $31 ,614,000,000.00 (Legacy SYNNEX Corporation only) On March 22, 2021, SYNNEX Corporation (NYSE: SNX) and Tech Data Corporation announced a definitive merger agreement under which SYNNEX and Tech Data combined. The merger with SYNNEX and Tech Data was completed on September 1, 2021 . The combined company was named TD SYNNEX Corporation.
FY 2022 $62,343,800,000.00
FY 2023 $57,555,400,000.00
Texas Department of Information Resources Contracts:
TX DIR-TSO-4075 Emergency Preparedness and Disaster Recovery Information Technology (IT) Products and Related Services (Expired March 22, 2023) FY2021 sales of $2,214,986.06
FY2022 sales of $2,551,017.09
FY2023 sales of $1,138,671 .88
TX DIR-CPO-4458 Data Communication and Networking (Expires March 19, 2025) FY2021 sales of $3,164,564.94
FY2022 sales of $495,035.51
FY2023 sales of $508,747.89
TX DIR-TSO-4383 Software (Expires August 21, 2025)
FY2021 sales of $180,130.24
FY2022 sales of $965,992.00
FY2023 sales of $457,443.45
TX DIR-CPO-5077 Telecom and Conferencing (Expires August 4, 2027) FY2023 sales of $7,610.67
TX DIR-TSO-3866 Miscellaneous IT Hardware, Peripherals, Components and Related Services (Expired May 31 , 2022)
FY2021 not active
FY2022 sales of $13,082.61
TX DIR-CPO-5096 Miscellaneous IT Hardware, Peripherals and Components (Expires December 13, 2027)
FY2021 not active
FY2022 not active
FY2023 sales of $553,788.80
TX DIR-4846 Cybersecurity Products and Services (Expires January 25, 2028) FY2021 not active
FY2022 not active
FY2023 sales of $144,509.53
OHIO State Term Schedule (STS) Contract:
Ohio STS Contract #534604 (Expires September 26, 2024)
FY2021 sales of $620,789.70
FY2022 sales of $695,421.20
FY2023 sales of $308,087.10
North Carolina Statewide Contract:
North Carolina Cisco Systems 204X IT Infrastructure Solutions (Expires June 30, 2024)
FY2021 not active
FY2022 not active
FY2023 $434,760.93
Pennsylvania Education Purchasing Program for Microcomputers (PEPPM):
PEPPM 533902-184 for Pennsylvania (Expires December 31, 2025) and PEPPM 535122-043 for California (Expires December 31, 2025)
FY2021 sales of $10,465,442.20
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 FY2022 sales of $7,852,654.37
FY2023 sales of $24,661,203.42
National Cooperative Purchasing Alliance (NCPA):
NCPA 01-97 Advanced Technology Solutions Aggregator Contract (Expires July 31, 2024)
FY2021 sales of 52,849,095.61
FY2022 sales of $108,646,474.44
FY2022 sales of $84,695,939.28
Omnia Partners Public Sector:
OMNIA Partners - Cyber Security Solutions and Associated Products & Services Contract Number: #R200803 (Expires September 30, 2025)
FY2021 sales of $138,496.73
FY2022 sales of $2,862,255.95
FY2023 sales of $8,296,629.42
OMNIA Partners Managed Print Solutions MPS R171403 (Expired February 28, 2023)
FY2021 no sales
FY2022 sales of $101,088.33
FY2023 sales of $135,078.1 0
Equalis Group:
Equalis Group Contract Number: EQ-013120-01 Technology Software, Equipment, Services and Related Solutions (Expires April 30,2025 Renewable through April 30, 2027)
FY2021 sales of $9,006.41
FY2022 sales of $304,485.27
FY2023 sales of $1,042,293.14
23 List any GSA contracts or Standing Offers General Services Administration:
and Supply Arrangements (SOSA) that you GSA Multiple Award Schedule Contract# 47QTCA19D00MM (Expires September hold. What is the annual sales volume for 26, 2024)
each of these contracts over the past three FY2021 sales of $15,346,655.52 years? FY2022 sales of $19,548,044.90
FY2023 sales of $8,814,945.36
GSA Multiple Award Schedule Contract #GS-35F-0563U (Expires September 4, 2028)
FY2021 not active
FY2022 sales of $5,722,099.02
FY2023 sales of $51,048,305.66
GSA Multiple Award Schedule Contract # 47QTCA21 D00BD (Expires June 21, 2026)
FY2021 sales of $609,912.00
FY2022 sales of $5,104,005.52
FY2023 sales of $3,715,941 .61
GSA Multiple Award Schedule Contract # GS-35F-0349S (Expires April 4, 2026) * FY2021 sales of $1,763,394.00
FY2022 sales of $1,836,335.95
FY2023 sales of $1,325,432.75
GSA's 2nd Generation Information Technology (2GIT) Blanket Purchase Agreements:
2GIT BPA #47QTCA21A0026 (Expires March 30, 2026)
FY2021 sales of $1 ,993,186.67
FY2022 sales of $3,721,017.41
FY2023 sales of $931,077.72
2GIT BPA #47QTCA21A002E (Expires March 30, 2026)
FY2021 sales of $29,401 .00
FY2022 sales of $4,985,829.64
FY2023 sales of $2,781,227.13
2GIT BPA 47QTCA21A0027 (Expires March 30,2026)
FY2021 sales of $100,579.00
FY2022 sales of $1,880,141 .57
FY2023 sales of $4,691,316.66
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Table 4: References/Testimonials
Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities and for whom you have performed projects relevant to private wireless services . .
Entity Name * Contact Name * Phone Number *
RCN Communications Reed Perryman, Director of Sales 865-293-0350 * Logicalis, Inc Mike Marchal, GovEd Director 480-346-2314 * TKK Electronics Juan Hernandez, CEO 414-290-0585 *
Table 5: Top Five Government or Education Customers
Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.
Entity Name Entity Type * State I Scope of Work * Size of Transactions * Dollar Volume Past Three Province * Years *
Our current Government Illinois- IL Bus and Train projects including 9 transactions of various $4.4Million reseller cashless pay system, signage on sizes across the last 3 distribution vehicles and at stations, vehicle years.
agreement cameras, and train telemetries. *
does not allow
the release of
any end user
information.
Our current Government District of Various projects including loT 99 transactions of various $3.6Million reseller Columbia - DC and Mobile deployments. sizes across the last 3 distribution years.
agreement *
does not allow
the release of
any end user
information.
Our current Government District of 5G Connectivity for ARC vehicles 20 transactions of various $3.4Million reseller Columbia - DC in the field. sizes across the last 3 distribution years.
agreement *
does not allow
the release of
any end user
information.
Our current Government Florida - FL 1300 vehicle fleet with dual 40 transactions of various $2.7Million reseller modems for always on cell sizes across the last 3 distribution service/coverage. years.
agreement *
does not allow
the release of
any end user
information.
Our current Government Illinois- IL Passenger Wi-Fi 150 transactions of $2.3Million reseller various sizes across the
distribution last 3 years.
agreement *
does not allow
the release of
any end user
information.
Table 6: Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Line
Item
26 Question
Sales force.
Response *
At TD SYNNEX, we bring a wealth of experience and a proven track record in owning and managing Public Sector contracts. We owe our success to our strategic approach to sales and demand generation, tailored to maximize the reach of these contracts.
We have over 800 sales representatives located throughout the US and Canada who work directly with our reseller partners to ensure timely quoting, sales, and delivery to Sourcewell participating entities.
TD SYNNEX has a dedicated team who are responsible for the overall management of our state contracts. Responsibilities include the coordination of marketing efforts; reseller recruitment and development, quoting, sales, technical support, customer service, post-sales support, reporting and compliance.
TD SYNNEX Public Sector Contracts Team Organization for Sourcewell Executive Team
• Eddie Franklin, Senior Vice President of Sales, Public Sector [email protected]
• Ed Somers, Vice President, Public Sector Programs
[email protected]
• Randy Finley, Senior Director of Public Sector Business Development [email protected]
Management Team
• Jerry Hertel, Director of Public Sector Client Executives [email protected]
• Mike Gambrell, Director of State and Local Government Vertical Alliance [email protected]
• Steve Wells, Vice President of Program Management
[email protected]
Business Development Team
• Jamie Grimm, Senior Manager or Contracts Business Development [email protected]
• Greg Villamarin, Bid Desk Supervisor
[email protected]
• Nick Coperine, Senior Contracts Business Development.Southeastern US [email protected]
• Travis Matthews, Contracts Business Development, Central US [email protected]
• Lisa McElroy, Contracts Business Development, Northeast US [email protected]
• Caroline Trembly, Contracts Business Development, West US [email protected]
Each member of the TD SYNNEX Public Sector Contracts Team is involved in the ongoing success of the Sourcewell contract through reseller recruitment, solution development, and contract compliance.
TD SYNNEX will utilize a network of reseller partners who will interface with Sourcewell's participating entities, providing onsite assessments/consultation, product information, technical support, customer service support and post-sales support as authorized Order Fulfillers under the TD SYNNEX Sourcewell contract. These resellers will be required to maintain the appropriate vendor authorizations and sign agreements with TD SYNNEX agreeing to follow the terms and conditions of our Sourcewell contract. Resellers will be reviewed on a regular basis to ensure we have the appropriate resources to support this contract.
These resellers are our "feet on the street'' and act as our local presence with Sourcewell participating entities. The TD SYNNEX Public Sector Program Team works closely with the resellers to ensure they have the tools to meet the needs of Sourcewell participating entities.
Map of resellers provided. See file TD SYNNEX Response - Additional Document.pdf page 5.
This network of resellers has access to a number of support services through TD SYNNEX, including marketing, technical, sales, post-sales and contractual support from the TD SYNNEX Public Sector Program Team.
With 15 distribution and 5 office facilities nationwide, TD SYNNEX gets the right products to market, right-on-time. Our distribution processes are highly automated to reduce errors, ensure timely order fulfillment, and enhance the efficiency of our warehouse operations and back office administration.
TD SYNNEX Office Facilities:
• Fremont, CA (44201 Nobel Drive, Fremont, CA 94538)
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 27 Dealer network or other distribution
methods.
Clearwater, FL (16202 Bay Vista Drive, Clearwater, FL 33760) Greenville, SC (39 Pelham Ridge Drive, Greenville, SC 29615) Herndon, VA (DL T Solutions, 2411 Dulles Courner Park #800, Herndon, VA 20171)
Tempe, AZ. (8700 South Price Road, Tempe, AZ. 85284)
TD SYNNEX Distribution Centers:
Chino, California
Fontana, California
Tracy, California
Miami, Florida
Suwanee, Georgia
Romeoville, Illinois
South Bend, Indiana
Southaven, Mississippi
South Brunswick, New Jersey
Swedesbouro, New Jersey
Columbus, Ohio
Groveport, Ohio
Fort Worth, Texas
Garland, Texas
Chantilly, Virginia
In aligning with the objectives of the Sourcewell Contract, TD SYNNEX leverages an extensive network of reseller partners. These partners are instrumental in providing comprehensive support to Sourcewell's participating entities, including onsite assessments, product consultations, technical support, customer service, and postsales support. As authorized Order Fulfillers under the Sourcewell Contract, our reseller partners are carefully vetted to ensure compliance with vendor authorizations and the contractual terms set forth by TD SYNNEX. We conduct regular evaluations of our reseller network to ensure alignment with our standards and the evolving needs of Sourcewell participating entities.
Our resellers, serving as the local representatives of TD SYNNEX, play a pivotal role in the relationship with participating entities. We ensure that our resellers are equipped with the necessary tools and resources, supported by our Public Sector Program Team, including marketing, technical, sales, and post-sales assistance.
TD SYNNEX' national distribution infrastructure includes 15 distribution warehouses and 5 office facilities. This network ensures the efficient, timely distribution of products, and is supported by advanced automation and stringent quality controls. Our logistical expertise, combined with our commitment to technological innovation and operational excellence, positions TD SYNNEX as the leader in distribution and logistics support for Sourcewell participating entities.
TD SYNNEX' commitment to excellence, innovation, and partner support is central to our proposal, reflecting our dedication to meeting the needs of Sourcewell's participating entities and contributing to the success of the contract.
Supply Chain Capabilities
TD SYNNEX provides logistics support such as outsourced fulfillment, virtual distribution, consignment, and direct ship to end-users to our reseller customers.
Other logistics support activities include generation of customized shipping documents, multi-level serial number tracking for customized, configured products, and online order and shipment tracking.
Drop shipments
Same-day shipping
o AIT Worldwide
o Dynamex
Delivery Services - Parcel, L TL, TL, FTL, Air
o FedEx
o United Parcel Service (UPS)
24x7 emergency services
Cross-Dock & Consolidation
Import/Export Management
TD SYNNEX offers logistical support capabilities and processes to handle local, regional, and multi-national rollouts. Logistical systems are designed to augment and complement our partners current capabilities, extend their geographical reach, provide technical support, and offer the ability to expand market reach and opportunities with little capital investment by leveraging TD SYNNEX as a business partner.
TD SYNNEX' proprietary IT systems and processes enable distribution operations to be automated. For example, TD SYNNEX uses RFID and bar code scanning technologies in all warehouse operations to maintain real-time inventory records and facilitate cycle counts every 2 weeks to improve the accuracy of order fulfillment. In addition, TD SYNNEX uses palm readers to capture real-time labor cost data, enabling efficient management of our daily labor costs.
To increase the accuracy of our order fulfillment and protect our inventory from shrinkage, our systems also incorporate numerous controls. These controls include order weight checks, bar code scanning, and serial number profile verification to verify that the product shipped matches the customer order. We also use digital Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 28 Service force.
video imaging to record our small package shipping activities by order. These images and other warehouse and shipping data are available online to our customer service representatives, enabling us to quickly respond to order inquiries by our customers.
TD SYNNEX' regional locations enable local deliveries and provide will-call fulfillment to more customers. Our workforce is comprised of permanent and temporary employees to respond to short -term changes in order activity.
Distribution Capabilities
With 15 distribution centers nationwide. TD SYNNEX is well positioned to provide world class distribution and logistics support to Sourcewell participating entities. In addition, we have two ISO-9001 :2015 certified full-service integration facilities located in Southaven, MS and Fremont, CA.
United States Logistical Centers:
Chino, Califorina
Fontana, Califorina
Tracy, California
Miami, Florida
Suwanee, Georgia
Romeoville, Illinois
South Bend, Indiana
Southaven, Mississippi
South Brunswick, New Jersey
Swedesbouro, New Jersey
Columbus, Ohio
Groveport, Ohio
Fort Worth, Texas
Garland, Texas
Chantilly, Virginia
United States Headquarters:
Fremont, California
Clearwater, Florida
Greenville, South Carolina
TD SYNNEX SERVICESolv
In the fast-paced environment of technology services, there are many touchpoints to make technology ready- to-use for its users. Together with reseller partners, TD SYNNEX SERVICESolv can make that happen quickly, cost-effectively with technology engineered for the future. TD SYNNEX SERVICESolv's value-added, white- labeled services can support and supplement partners' current service offerings, skillsets, and geographic reach to expand their business opportunities.
Technology services have a full U.S. geographic coverage in all zip codes plus 140 countries overseas with more than 800 technical resources with expertise from the desktop to the datacenter, on-premises and in the cloud.
You can learn more about ServiceSolv by reviewing the ServiceSolv Line Card (See file TD SYNNEX Response - Additional Document.pdf page 6) and the Network Services.pdf (See file TD SYNNEX Response - Additional Document.pdf page 8) or by going to https://www.synnexcorp.com/us/servicesolv/
TD SYNNEX SERVICESolv Delivered
TD SYNNEX SERVICESolv Delivered provides both on and off-premise services for end-users on behalf of its reseller customer including:
In-Field Services
o Installations: On-site Installations (wireless, signage, cabling, Pro AV, physical security, client devices, fleet services, audio-visual systems, telephony, data center, rack & stack & configuration)
o Help Desk, 1-800 support
o Monitoring (NOC)
o Training and Certifications, Smart Hands, Warranties, Staffing, Data Destruction/Asset buyback, and Software Services
o Support Services (NOC, SOC, SIEM) GoldSeal® Support Services Lifecycle Management
Help Desk
Asset Disposal with Data Destruction
De-staging, repair, recycling to disposal
TD SYNNEX RENEWSolv, proprietary renewal platform
Software Services
IT Maintenance
International Shipping (Importer/Exporter of Record as a Service) Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 29 30
Describe the ordering process. If orders
will be handled by distributors, dealers or
others, explain the respective roles of the
Proposer and others.
Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response-time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
Sourcewell participating entities will work directly with TD SYNNEX Authorized Resellers for all quotes, order fulfillment, and invoices. Resellers will work directly with their TD SYNNEX sales representatives and all order fulfillment will be through TD SYNNEX to ensure compliance, Sourcewell participating entity satisfaction, and accurate reporting.
All Authorized Reseller participation will be in accordance with the Terms and Conditions set forth in the Sourcewell Master Agreement.
Any order placed by a Participating Entity or Purchasing Entity for a product and/or service available from this Master Agreement shall be deemed to be a sale under (and governed by the prices and other terms and conditions) of the Master Agreement unless the parties to the order agree in writing that another contract or agreement applies to such order.
Sales Quoting/Orders
Sourcewell participation entities can obtain contract quotes and place orders on this contract in one of four ways:
1. Authorized Participating Reseller (Order Fulfiller)
2. E-mail: [email protected]
3. Toll Free: 1-877-230-5680
4. www.tdsynnex.com/na/us/td-synnex-public-sector/
A dedicated Sourcewell contract webpage will contain the Terms and Conditions of the contract, pricing/discounts; authorized resellers and contact information.
TD SYNNEX' Authorized Reseller Partners assume the first level of support, serving as the primary contact, and offer resolution for common challenges like network connectivity, firmware updates, and basic hardware/software troubleshooting. Onsite technical support will be provided by the Authorized Reseller Partners.
TD SYNNEX' Customer Care after-sale support team recognizes the importance of providing timely, responsive services to Return Merchandise Authorizations (RMAs) and RMA discrepancies, order inquiries, including outbound shipments, and claim processing. We continuously strive to provide world-class customer support, and address all of our customer requests as opportunities to improve and raise the quality of our services because repeat business depends on your satisfaction.
Customer Service is available Monday through Friday (8:00 AM to 6:00 PM Eastern Time).
Customer Service Contact Information:
Phone: (800) 756-1888
Fax Number: (501) 360-6801
Email: [email protected]
Our distribution processes are highly automated to reduce errors and ensure timely order fulfillment. We track several performance measurements to continuously improve the efficiency and accuracy of our distribution operations.
Cradlepoint Support:
Sourcewell Participating Entities can also reach out to Cradlepoint Support directly.
Cradlepoint offers multiple sources of support. Their online knowledge base provides access to product documentation, customer forums, information for developers, NetCloud firmware updates, and access to Cradlepoint University (CPU) - fully accessed via NetCloud Manager. CPU houses courses for quick learning, full curriculums, and certifications. Cradlepoint's community forums provide access to experts and peers and are a space where questions are collaboratively answered by support engineers, product managers, partners and peers.
Cradlepoint Support is one of the most valuable tools within a NetCloud subscription and is staffed by accredited network engineers who enthusiastically assist users 24x7, including all holidays. The support team can be reached via live chat or tollfree calling.
Cradlepoint's Center of Excellence support locations "follow the sun" and are located in in Boise, Idaho, USA (corporate headquarters); Melbourne Australia; and Surrey, England, UK. All Cradlepoint support personnel, regardless of location, are bound by a common Code of Business Ethics (COBE). The Global Service & Support teams currently support several recognizable local, state, and federal government customers to include military organizations with stringent security requirements.
Contacts are initially handled by the Technical Support Services (TSS) team, fully staffed by Cradlepoint employees, to identify the problem. At this point a ticket is opened in the ticketing system and the TSS team will begin the troubleshooting process such as power cycling and unit and ensuring devices are installed correctly.
Cradlepoint Technical Support and Customer Service technicians work together, and Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Customer Service technicians are required to escalate to Technical Support Engineers when technical issues are identified. The unified, global service and support process provides participating entities with a team focused on resolving their issues.
The Cradlepoint model does not include the traditional tiers or standard escalation hand-off process - Cradlepoint leverages a Swarm Support methodology, designed to enhance collaboration, speed up problem resolution, and improve the overall quality of support. It's a model that not only addresses technical difficulties but also provides a sense of security and reliability to our customers. Their robust support system uses a multi-tiered structure for technical support, ensuring that each Participating Entity's query is handled by the most appropriate level of expertise.
Instead of passing an issue off to different teams, the Cradlepoint swarm model brings together a diverse group of experts from the outset. These individuals collaboratively work on the problem, bringing their unique skills and perspectives to the table. This skills-based, continuous ownership model ensures a single owner and point of contact for each technical support ticket rather than shifting responsibility between tiers and escalations. This approach:
Eliminates handoff from one engineer or tier to another, Allows for accurate classification of issue at reception, Quickly engages technical expertise as needed and in real time, and Allows for Support Engineers to understand not only the problem but also learn its resolution - reducing future touch times.
Every service ticket is logged and updated until the ticket is resolved. Each ticket contains a subject which provides an overview of the issue, and a detailed description of the problem statement, in additional recommended solutions provided to the customer are documented in the service ticket notes. All tickets and records are kept in our case management system. As each service ticket is closed a resolution is noted within the ticket. All customer service and support tickets are available for customer access via the secure Customer Portal located at:
https://customer.cradlepoint.com/s/contactsupport.
If the TSS team is unable to resolve the issue or the call requires further investigation such as screen sharing, the call is then passed to the Enterprise Support Engineer (ESE) team. The ESE Team solves the majority of issues such as misconfiguration, faulty hardware, or further identifying where the problem lies.
If the ESE team is unable to resolve the issue, they can reach out to the Support Resource Engineer (SRE) team. The SRE team mentors and coaches the ESE team while the ESE point of contact will continue to be the face to the Authorized User.
If both the ESE and SRE team believe this issue is beyond their capabilities or outside of their scope, the issue can be further escalated to the Product Development (PD) team for their analysis. This is typically done when all troubleshooting avenues are exhausted and requires an extensive list of steps to be performed and logos provided to ensure that troubleshooting has already been performed.
Currently, 91 % of non-escalated support tickets are resolved during the first contact.
The mean time to resolve tickets is 3.5 days. On average, less than 1.4% of all support tickets require escalation with over 98.6% of support tickets handled directly by the TSS team.
This enterprise level support, training, limited lifetime warranty, ongoing software and firmware updates - available through NCM - are all included under a continuous, fully paid-up subscription license to NetCloud Manager services.
EP5G-Specific Support:
Ericsson offers three customer service levels: Bronze, Silver, and Gold.
Bronze: Offers 24/7 access to a self-service portal and weekday email support from Ericsson.
Silver: Includes everything in Bronze plus weekday email and phone support from Ericsson, along with emergency phone support. Software issues are addressed with specific remedy times based on priority level, with the fastest response for the most critical issues.
Gold: Builds upon Silver by providing 24/7 email and phone support from Ericsson, including for emergencies. The service level objectives for addressing software issues remain the same as in Silver, ensuring prompt response regardless of the time.
Remedy and response times are based on the priority level of issues.
Priority 1 (Urgent): Priority 1 issues are urgent and have a significant impact on the Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 end user business operations and use of services due to connectivity problems. The issue ends operations without a procedural workaround.
Priority 1 issues include, but are not limited to the following:
Network services are down or unavailable.
Critical functionality is unavailable.
The following priority 1 issues are site-specific:
Data connectivity is lost, no provisioned devices are communicating.
All radios are down, because of on-site power failure or cell down.
Both network controllers are down.
Baseband is down, meaning traffic impact is greater than 30%.
The IRU is down, meaning traffic impact is greater than 30%.
Power supply is down, meaning traffic impact is greater than 30%.
The upgrade procedure failed.
There is a continuous switchover between network controllers.
The following priority 1 issues are region-specific:
Google Cloud Platform (GCP) is down, affecting all backend services including monitoring.
The support system is down.
The notification system is down.
The NMP is not reachable for several end customers in the same region, because of Domain Name System (DNS) issues.
Several sites show equipment down at the same time, because of DNS issues.
Priority 2 (High): Priority 2 issues are high priority issues in which significant performance degradation is experienced, or major functionality is affected. Because of connectivity problems, end user business operations are severely limited, and no reasonable workaround exists.
Priority 2 issues include, but are not limited to the following:
Key features of the Management as a Service delivery are unavailable with no acceptable workaround. Operations can continue in a restricted manner.
Service is operational but degraded to the point of major impact on end customer connectivity usage.
The following priority 2 issues are site-specific:
The Network Management Portal is not accessible for a single site, but Core Site Services are functioning properly.
The end user is not able to add, remove or modify devices in the Network Management Portal but existing configured devices are functioning properly.
Devices continuously disconnect.
The VPN tunnel is down.
Watchdog data is not shown in the Network Management Portal.
One or more radios are down.
The Watchdog application has upgrade problems.
One network controller is down, and the other network controller is functioning properly with no impact on network services.
The following priority 2 issue is region-specific:
Security patches cannot be deployed
Priority 3 (Normal): Ericsson Private 5G is functioning and providing connectivity, but the enterprise is minimally impacted due to a non-critical error condition. Business operations continue to function, and a workaround is available to mitigate impacts of the issue. Issues that impact operation and maintenance functionality are also priority 3, such as problems with adding or deleting users or onboarding new devices.
For Priority 1 issues, the response time is 15 minutes, with a remedy time of 4 hours and a resolution time of 10 days. Updates are provided hourly.
Priority 2 issues also have a 15-minute response time, but the remedy time extends to 8 hours and the resolution to 20 days, with updates every 4 hours.
Priority 3 and Priority 4 issues have a 30-minute response time, with remedy and resolution times being based on commercially reasonable efforts and weekly updates until a solution is identified.
If Ericsson support team identifies a Priority 1 incident affecting an end customer of Customer before Customer or Tier 1 support issue acknowledgment, Ericsson shall notify Customer within 15 minutes of becoming aware of the incident.
The notice shall include the following:
Description of the outage
Date and time of the outage
Geographic location
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 Percentage of Customers affected, if known
Customer affected
Estimated time to repair, if known
Ericsson case number
Outage bridge phone number and pin, if applicable
Time of next update
TD SYNNEX' network of reseller partners provides onsite technical, sales and customer service support to eligible Sourcewell participating entities.
Standard Product Return Guidelines
The credit for returns is based on the lesser of purchase price or current price at the time the Return Material Authorization ("RMA") is physically received in by the TD SYNNEX RMA Returns Center. The only exceptions are for returns due to TD SYNNEX errors or freight damages and losses which receive the original invoice price. These credits are again applied upon receipt of product in the TD SYNNEX RMA Returns Center.
Customers must have a valid RMA number (assigned by Customer Service) before returning any products and the RMA number must be written on the return shipping label only.
The customer is responsible for filing all claims with the carrier they use to return RMA's to TD SYNNEX. It is recommended that the customer insure (for full value) the product being returned to TD SYNNEX in order to avoid any potential exposure if product is lost or damaged while in transit back to TD SYNNEX. All products that are damaged while in transit to TD SYNNEX from the customer against an approved RMA number will be refused/rejected back to the customer.
Products must be shipped prepaid. TD SYNNEX does not cover return shipping expenses unless return is due to a TD SYNNEX error such as over shipment, misshipment, or sales error.
Call tags will be issued on returns where TD SYNNEX has authorized freight.
For standard TD SYNNEX RMA's, the customer has 15 days from the date issued to return the product to TD SYNNEX.
For short-ship, mis-ship and over ship due to TD SYNNEX warehouse error, customer has 15 days from ship date.
If a customer refuses a shipment from a TD SYNNEX warehouse, credit will be issued at the time the refused product is received back at the TD SYNNEX shipping warehouse. Refused shipments by a customer must be reported to TD SYNNEX within 5 days. These shipments can be assessed a shipping fee and/or a processing fee.
The customer must notify TD SYNNEX when a drop-ship shipment has been refused. Credit will be issued once the shipment has been verified as received back to the One Source vendor.
Returns that require TD SYNNEX product management approval before an RMA is issued may take up to 48 hours for processing/approval.
Special orders for customers are not returnable.
Restock fees of 10% or greater may be applied to stock balance or open box (non-defective) returns. If a restock fee applies to a return request, the TD SYNNEX Customer Service Representative will notify the customer of the restock fee at the time RMA is requested.
RMA Return Types/Product Return Guidelines
DOA/Defective Credit
Product must be returned in the original packaging.
Please ensure that all original components are shipped with the defective item (includes manuals, software, cables, etc.).
Please remove all add-ins (not originally sold with the product), as these items will not be returned to you (i.e., memory, sound cards, modems, etc. ).
Please follow the return shipping instruction provided with your RMA.
Advance Swap
SYNNEX cross-ships a replacement product to you before it receives the product you are returning.
Advance Swaps are subject to SYNNEX credit department approval.
Replacement shipment will be billed when shipped and credit issued once the return is received for credit.
Please follow the return shipping instruction provided with your RMA.
Damaged Shipments
Shipment should be refused and SYNNEX Customer Service contacted within 48 hours of the refusal.
All damages must be reported within 48 hours of receipt of product for all courier shipments.
Shipment damages must be refused or damage noted on the POD for credit.
Please follow the return shipping instruction provided with your RMA.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Kit Returns
For all kits, parts, and assemblies, all components must be returned complete to be eligible for credit.
Please follow the return-shipping instruction provided with your RMA.
Stock Balance
Product must be in its original manufacturer box and factory sealed.
Product must be in resalable condition.
Products must be shipped pre-paid for credit.
Please follow the return-shipping instruction provided with your RMA.
TD SYNNEX Errors
Ensure that the product is in the original manufacturer's box and that all components are present, unless otherwise authorized.
Please follow the return-shipping instruction provided with your RMA.
Manufacturer Exception Returns
TD SYNNEX will make exceptions for returns that are out of policy, provided that the manufacturer has authorized return of the product.
Once the customer has an authorized case number or manufacturer RMA number from the manufacturer, the customer then contacts TD SYNNEX Customer Service for an RMA. Customer
Service will then issue an RMA and the customer will receive credit in the amount we receive from the manufacturer for credit.
Please follow the return-shipping instruction provided with your RMA.
Return Refusal and Discrepancy Policy
TD SYNNEX reserves the right to return to a customer, at the customer's expense, any customer return that differs from the information given on the original Return Material Authorization (RMA) request, such as:
Shipments without an RMA number may be refused and/or returned at the customer's expense.
RMA number not visible and not on the box shipping label.
Product returned differs from that requested and authorized.
Unauthorized return (no RMA number was issued).
Serial number of product(s) returned were not purchased from TD SYNNEX.
Box or product damage.
Invalid RMA number.
RMA condition code given by customer differs from actual product condition.
Expired RMA number.
Incorrect product or quantity overage.
Felt-pen markings on the box.
Special orders for customers are not returnable.
Open box/double-taped.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 31 Describe your ability and willingness to TD SYNNEX has significant experience owning and managing Public Sector provide your products and services to contracts. TD SYNNEX has over ninety active public sector contracts, all in good Sourcewell participating entities in the standing. Our company has always upheld our contractual obligations, never United States. experiencing a default. Furthermore, we have maintained a strong performance record, never having a contract terminated for cause.
We currently offer Cradlepoint and Ericsson private network solutions on nine public sector contracts.
TD SYNNEX distributes technology products from more than 2,500 world-leading IT OEM suppliers to more than 25,000 resellers throughout the US, Canada, and Mexico. Our focused product categories include IT systems, rugged mobility, peripherals, system components, software, and networking.
TD SYNNEX Public Sector is a specialized, fully integrated business unit that focuses on bridging the gap between technology partners and U.S. public sector organizations so they can achieve their individual missions. This is accomplished through specialized and scalable aggregator solutions, including channel enablement, engineering services and support, industry-centric marketing, the Diversity Alliance Program, and our Cloud Navigator, Enterprise Agreement Platform, Confirmed Stateside Support and Secure Software Factory offerings. * National Presence, Nationwide Distribution Capabilities TD SYNNEX' distribution model focuses on top-tier manufacturers, offering valueadded resellers, system integrators, and solution providers access through knowledgebased sales consultants. We have over 1 million square feet of warehouse space across 15 distribution centers, located strategically throughout the United States.
TD SYNNEX offers:
. Proven distribution, logistics and product management processes . Excellent past performance in the Public Sector market . A national presence and nationwide distribution network . ISO 9001-certifed supply chain that increases efficiencies and reduces costs . Supply Chain Risk Management (SCRM) Plan . Customs-Trade Partnership Against Terrorism (C-TPAT) Certified . Membership in Transported Asset Protection Association (TAPA) . Experienced government contractor with both Federal and State contracts . A nationwide network of value-added resellers and solution providers with one or more SBA certified small business socio-economic statuses. 32 Describe your ability and willingness to TD SYNNEX services more than 150,000 customers in 100+ countries, including provide your products and services to Canada, to maximize the value of technology investments, demonstrate business Sourcewell participating entities in Canada. outcomes and unlock growth opportunities.
TD SYNNEX Canada has sales offices in:
Calgary, AB
Guelph, ON
Halifax, NS
Montreal, QB
Mississauga, ON *
Richmond, BC
Winnipeg, MB
TD SYNNEX Canada has logistic centers in:
Calgary, AB
Guelph, ON
Halifax, NS
Mississauga, ON
Richmond, BC
33 Identify any geographic areas of the United N/A. We support all 50 states.
States or Canada that you will NOT be *
fully serving through the proposed contract.
34 Identify any Sourcewell participating entity We support all public sector entities, but some vendor restrictions may apply, for sectors (i.e., government, education, not-for- example Apple products for K-12 education end users. profit) that you will NOT be fully serving
through the proposed contract. Explain in * detail. For example, does your company have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
35 Define any specific contract requirements All freight and shipping cost would need to be charged. or restrictions that would apply to our * participating entities in Hawaii and Alaska and in US Territories.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Table 7: Marketing Plan
Line
Item
36 Question
Describe your marl<eting strategy for
promoting this contract opportunity.
Upload representative samples of your
marl<eting materials (if applicable) in
the document upload section of your
response.
Response *
Ultimately, our main role as the Contract owner is to provide our authorized resellers with all of the tools necessary to assist the Sourcewell Participating Entities with their needs under this contract. We have a significant amount of experience owning/managing Public Sector contracts which require a significant amount of investment in sales and demand generation to make them successful. Our marl<eting plan includes a number of facets addressing both resellers and Sourcewell Participating Entities.
Marl<eting activities include:
• Press releases
• Identifying resellers to authorize to promote & sell off of this contract • Reseller recruitment and training
• Multiple training webinars for both internal and external sales teams • Dedicated Sourcewell web page
• Development of marl<eting materials
• Attending industry events and tabletop shows
• Ongoing reseller recruitment efforts and internal sales training • End-user demand generation team to drive awareness with end-users on behalf of our resellers
• Webinars
• Customized events that help to create awareness for the contract • Specific plan developed & collaborated with our partners • Social Media collaboration
Contract Management Summary with Marl<eting and Sales Strategy Post-Award • Create Terms and Conditions summary; develop pricing calculator • Communicate contract requirements internally and with each manufacturer line • Determine rules of engagement, assign responsibility roles Recruitment
• Identify Resellers: Vendor lists, TD SYNNEX Point of Sale reports, Sales Managers and Outside Sales Reps
• Training: onsite, online, webinars
• Establish eligibility requirements
• Sign participation agreement ensuring contract compliance Contract Management • Monthly contract review by TD SYNNEX contracts team - the good, the bad and the ugly
• Monthly status calls with each participating reseller • Quarterly cadence calls with the contractor community • Ongoing calls with participating manufacturers to update/revise strategy.
Initial Kick-Off Phase
• Upon award, communicate to vendor and internal Product Management/Business Development teams
• Develop contract terms and conditions statement, pricing calculator, and published contract price file.
• Review administrative requirements
• Set e-mail aliases ([email protected])
• Develop Sourcewell dedicated contract webpage with required contract details, pricing calculator, and additional relevant contract information for ease of navigation • Determine manufacturer's strategy and reseller engagement • Establish reseller qualifiers, sales minimums, agreement • Review contract requirements with authorized resellers • Review required business plan/marl<eting plan from authorized resellers • Conduct training via webinars of resellers, sales reps, Business Development Reps, Product Managers and manufacturers.
• Where applicable, conduct joint road shows to promote/train • Publish TD SYNNEX Corporation press release
• Provide marketing collateral for resellers
Ongoing Management
• Training/webinars - initial and ongoing
• Product Refresh - marl<eting and communication
• Business Development - slip/gain report for both reseller and manufacturer • Business Development - monthly sales report to Manufacturer with email updates • Quarterly Business Review for reseller (or as needed) • Quarterly Business Review for manufacturers (or as needed) • Identification of potential seasonal pricing (hot list) for Sourcewell eligible agencies • Quarterly Business Review webinar for reseller community • Periodic events to include Sourcewell contract dedicated marl<eting and training sessions at our TD SYNNEX Public Sector SLED events (see Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 37 38
39 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.
In your view, what is Sourcewell's role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
Are your products or services
available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.
https://www.synnexcorp.com/us/govsolv/events/ for examples of upcoming events) • Maintenance of authorized reseller database with contact information • Contract reporting and administrative fee payment to Sourcewell • Pricing updates as well as new product identification and submission TD SYNNEX has identified our training processes in the preceding sections for both inside/outside sales teams, our business development teams and authorized resellers/solution providers. Essentially, it will entail training, marketing collateral, PowerPoint presentations and onsite visits to conduct Q&A. Training is an ongoing process scheduled throughout the year via webinars, onsite training and industry events. Resellers will be given access to the TD SYNNEX contract website, marketing collateral, and instruction on the processes of obtaining quote/orders and contract pricing. All aspects of the contract, from end-user marketing to customer service to tech support, must be fully explained and expectations identified.
A bid-desk, dedicated to providing quote assistance to TD SYNNEX Sourcewell authorized resellers, will be employed to assist our partners to ensure that Sourcewell participating entities receive timely, accurate, and contract complaint quotes.
Demand Generation -
Although we don't sell direct to end-users, we do have a team that provides end-user demand generation through call out campaigns, print/mailers, e-mail, website contract landing page and an electronic storefront offering.
Our strategy includes:
• Targeted call-out campaigns to identify and engage potential leads. • Distribution of print and mailers, aimed at broadening our reach. • Email marketing campaigns, designed to inform and attract potential clients. • The maintenance of a dedicated website contract landing page, serving as a central hub for contract information and inquiries.
• Management of an electronic storefront, offering streamlined access to our products and services.
This multifaceted approach ensures that we are not merely reactive but proactive in driving the success of our contracts. Through these initiatives, TD SYNNEX is committed to delivering value and exceeding the expectations of our clients and partners.
TD SYNNEX' presence and participation in social media/interactive technology is currently designed to:
• Educate, engage, notify and entertain interested audiences • Deliver conversation not conversion, interaction not transaction • Increase audience participation at events through custom mobile apps and social engagement
• Provide additional communication platform for resellers, vendors, media, and associates for conversations that are already happening • Protect and elevate the TD SYNNEX corporate brand with associated vendor brands in the social environment
• Offer timely responses to questions, suggestions, and requests • Maintain an overall positive social sentiment
TD SYNNEX does not sell direct to end-users; however, we do have a team that provides end-user demand generation through call out campaigns, print/mailers, e-mail, website contract landing page and an electronic storefront offering.
Support from the Sourcewell team is part of our strategy. We will leverage Sourcewell as a resource to help with webinar trainings and other one to one training, when necessary.
We will also rely on Sourcewell's expertise when our reseller partners need additional support with end user customers that are not familiar with the Sourcewell contract and are not clear if it would be an approved procurement option. We will rely on Sourcewell to ensure we have all the updated training information and marketing collateral that can be co-branded. On a case-by-case basis, Sourcewell will also be invited to participate in TD SYNNEX Public Sector live events. All the information we receive from Sourcewell will be used to develop our training and marketing collateral.
TD SYNNEX utilizes a proprietary enterprise resource planning (ERP) system called CIS.
CIS has been built from the ground up to specifically support all aspects of distribution business needs.
With CIS as the back bone of the TD SYNNEX system, TD SYNNEX is able to offer eBusiness solutions. We feature a complete suite of solutions that partners can pick from that best best-fits their business needs. Whether partners are new to eCommerce or already have extensive capabilities, we have options to help your business run leaner and faster.
TD SYNNEX offers the following:
TD SYNNEX eStorefronts
eStorefronts is an online ordering system based on ECExpress, built and hosted by TD SYNNEX. eStorefronts allow resellers to create their own end-customer catalog, or offer all TD SYNNEX Skus to their end-customers, while controlling pricing at a customer or product level. eStorefronts include built-in order management controls, real-time pricing and Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 availability, personalized branding, order notifications and more, all for one inclusive monthly fee.
In addition, TD SYNNEX offers also offers other B2B e-commerce solutions that include:
TD SYNNEX ECExpress
TD SYNNEX' ECExpress is a real-time back-office management and e-commerce platform that streamlines orders, quotes, and invoices. While securely navigating across all TD SYNNEX sites and tools without logging in again, the ECExpress platform enables you to see product alerts and available inventory, save frequent product searches, and subscribe to reports that include:
XpressTrak Alerts
Price and Availability Download (Reseller partners only) Bid Portal (Reseller partners only)
Reports
Custom Product Search
Recent Orders
TD SYNNEX' Footprint in Mobile Apps
TD SYNNEX B2B services offer reseller partners Application Development Services to help balance costs, boost service levels and improve productivity through vigorous management of flexible, high-performance, business-critical applications. Leveraging the best-of-technologies and practices, we ensure that your business applications are developed, maintained and managed within optimal costs and acceptable timeframes to provide you secure and undisruptive business environments. We approach Application Development in a mature and proactive way. We believe that Application outsourcing can reap benefits only if risks are minimized, while being balanced by off shoring incentives like reducing costs, unfailing performance ratios and consistent quality levels. Our development model is a recipe of conventional and current business practices. We complement conventional practices with agility to provide faster, more enhanced solutions to clients. We deliver applications within shorter timeframes and agreed-upon deadlines, all without cutting comers or compromising quality.
B2B & eCommerce
TD SYNNEX believes the sole purpose of Information Technology(IT) is to support our businesses. We understand that our customers have unique eCommerce capabilities, preferences, and "best technologies" available. Our eCommerce options allow customers to choose the most cost effective solution that fits their needs, from the simplest to the most advanced cutting-edge technologies. TD SYNNEX supports both EDI ANSI x12 File Document Specifications and Flat File Document Specifications.
Web Services & XML
TD SYNNEX Web Services are available to reseller partners. The following Web Servics are available:
Customer Purchase Order
Price and Availbility
Expense Estimate
Product Feed Service
Customer PO Status
TD SYNNEX also offers real-time XML services. Real-time available services include:
EDI
PO Submit
PO Status
Freight Quote
Price and Availablity
RMA Create
RMA Status
XML Invoice
Punch-out Catalogs
Migrate away from Excel and PDF contract pricing lists by implementing a PunchOut with your customer. Leverage TD SYNNEX' experience and create a branded product catalog accessible from reseller end-user customers' ordering system. Resellers can include a shopping cart with products, quantities and pricing, directly linked to your customers' procurement system.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Table 8: Value-Added Attributes
I line
Item I Question
Features
Brand the catalog as your own - TD SYNNEX becomes your silent partner.
Keyword search, product specifications, real-time availability.
Supports Configure-To-Order(CTO) and non TD SYNNEX sku sales.
Benefits
Our connections use cXML/XML, SOAP/1/Veb Service, HTTP Post and REST/JSON.
Our most popular enterprise systems to date include SAP/Ariba, Oracle, Perfect Commerce and service now.
Our programmers can seamlessly connect to your customer's procurement system using the highest security standards, such as PCI, Trustwave and HTTPS(TLS) 1.1 I Response * _______ I I
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 40 41
Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
Describe any technological
advances that your proposed
products or services offer.
Ericsson provides customers with documentation related to the initial launch of the product and training that can be necessary to support future enhancement and changes to the product.
Upon Customer request, Ericsson provides support-specific training to the Customer at no additional cost, and at a mutual convenient time (no later than 15 calendar days before a commercial launch, major system update, or upgrade). Training includes but is not limited to the following:
• Tier 1 support-related issues
• Service configuration
• Basic troubleshooting practices
Cradlepoint offers multiple sources of training support. The on-line knowledge base provides access to product documentation, customer forums, information for developers, and access to Cradlepoint University (CPU) - accessed via the Training tile in NetCloud Manager (NCM). CPU houses courses for quick learning, full curriculums, and certifications.
Community forums provide access to experts and peers. These forums are a space where questions are collaboratively answered by support engineers, product managers, partners, and peers. Forums include:
• Cellular
• Developers
• Early Access
• Mobile
• NetCloud Management
• Networking
• Routing
• Security
• WiFi
Cradlepoint University
Cradlepoint University (CPU) provides in-depth training on Cradlepoint products and services. Within CPU, customers can access on-demand, interactive elearning and technical certifications to help configure, manage, and monitor their networks through NetCloud.
Cradlepoint customers can access CPU from within their NetCloud account by opening the Resources tab and then clicking the Training tile. Training options include certification courses, "Cradlebytes" microlearning, videos, practical labs, and live sessions.
CPU has a technical curriculum series intended to help users of different roles become familiar with Cradlepoint products and services. The Cradlepoint Certified Network Associate (CPCNA) is optimal for users and covers basics like how to edit router configurations in NetCloud Manager or adding other users. The Cradlepoint Certified Network Professional (CPCNP) expands upon the information presented in the CPCNA and covers in-depth the available configuration options and the use cases in which they may be optimal. The Cradlepoint Certified Network Expert (CPCNE) is best suited for administrators of large networks, integrators and MSPs, and covers advanced routing and tunneling as well as nice NCM use cases.
All CPU training is included as part of a continuous, fully paid-up subscription to NetCloud Service.
In addition to the CPU courses offered to customers, partners, and Cradlepoint employees, Cradlepoint offers public courses including "Understanding 5G", "Why 5G Beats Wi-Fi 6", and Citizen Broadband Radio Service (CBRS), as well as courses designed for specific customer roles, such as Public Safety, Network Administrator, and Remote Office.
The online knowledge base, Cradlepoint Connect, provides access to technical support, product documentation, information for developers, and NetCloud firmware updates. Our community forums allow customers to collaborate with other NetCloud users to share experiences and information. In this space, questions are collaboratively answered by support engineers, product managers, partners, and peers.
The Cradlepoint Customer Success team provides customer onboarding training including:
• NetCloud Manager's features and functions
• Establishing access to Cradlepoint University
• Guidance on courses relevant to NCM Authorized Users' roles • Methods for engaging with Cradlepoint Support
Guided tour of Cradlepoint Connect
Leveraging Ericsson's leading technology Ericsson Private 5G (EP5G) provides "all of Ericsson in a box", including equipment from the extensive Ericsson Radio Portfolio with radio dots, micro radios, and macro radios for both indoor and outdoor coverage.
Highly resistant to intrusions and attacks, EP5G ensures business critical operations meet the most stringent security requirements. Providing reliable and complete coverage throughout a site, indoor and outdoor, EP5G provides connectivity with low latency, high Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 throughput, and high device density (connected devices per square meter). Easily installed within hours, EP5G can be scaled to support larger coverage areas and more devices requiring higher capacity, as needed. Designed to be flexible, EP5G will support a range of deployment sizes, depending on requirements, to suit varied needs. In addition, Enterprises and Government agencies can manage their networks and easily integrate with their IT and OT systems via an open APL Developed and optimized for use cases, EP5G accommodates a wide variety of solutions for both indoor and outdoor environments while integrating well with business operations, devices, and applications. EP5G supports many use cases that benefit a variety of Enterprise stake holders.
EP5G supports a cloud-native small Dual Mode Core that offers 4G & 5G (including 5G SA) capabilities simultaneously. The small Dual Mode Core includes cloud native functions with shared microservices, optimized to run on a single server. Ericsson Radio systems support both 4G and 5G in mixed mode fashion. Ericsson radios are currently deployed throughout the US and the world and could be easily incorporated into Sourcewell participating entities' networks.
The Enterprise can take advantage of the EP5G next-generation private network because of easy-to-order, easy-to deploy, easy-to-mange, and simple lifecycle management. EP5G is engineered for a simple, fast, click-to-deploy user experience through the cloud-based Network Management Portal (NMP). It is designed to be easily managed by Information Technology users, offering complete control over the devices that can connect to the network without incurring any cost per gigabyte of data.
A standardized way of integrating with mobile network. Both radio integration through MultiOperator Cor Networks (MOCN) or Multi-Operator RAN (MORAN) and management integration within Communications Service Providers (CSPs) are available for the operators that want to offer more integration with their existing public networks including support for L TE connectivity and existing L TE device ecosystems. You can deploy 4G L TE and later upgrade to 5G SA with only a software update.
A seamless transition to Ericsson Private 5G. It is designed to use already installed hardware and offers a software-centric upgrade.
Ericsson invests in several streams to be able to answer different customer needs and interests. Partnership with Global Service Integrators as well as with industry specific integrators allows Ericsson to ensure solutions are enabling specific business and technology requirements of the industries.
NetCloud Private Networks is an award-winning platform built on differentiated technologies.
Here is a listing of some of these key functionalities that are available in the solution today:
With SIM Groups, device SIMs may be assigned to groups that will then be assigned to one or multiple networks. Groups can also have their traffic prioritized or throttled as desired. SIM Groups enables device-level traffic prioritization based on user-defined QoS Class Identifier (QCI) priority assignments. Critical devices such as security cameras can now receive higher priority both within NCPN and in the wired LAN (via DSCP assignments). Similarly, low priority device traffic can be throttled to prevent from using excess bandwidth. Also, mobile devices like cell phones can now be assigned to multiple networks across multiple sites.
Private eSIMs can be downloaded onto a device that has consumer Embedded Universal Integrated Circuit Card (eUICC) capability. This feature enables devices that are eSIM enabled to download a Private eSIM instead of having to insert a physical SIM (for example, an iPhone 14 or a Google Pixel). Adding eSIM support is a key differentiator since a lot of existing PCN solutions do not support eSIM.
Domain Proxy is a CBRS SAS service that facilitates spectrum access for Cellular APs. spectrum requests for Cellular APs are conveyed through NCM allowing more visibility and optimize spectrum utilization. Domain Proxy coordinates SAS requests on behalf of Cellular APs and maintains the periodic heartbeats required to hold a SAS Grant and also enables NCM to deploy a spectrum allocation algorithm to optimize available spectrum for a customer's deployment.
With Carrier Aggregation Cellular APs can now be configured to double their spectrum utilization, up to 40 MHz, depending on spectrum availability as determined by the SAS.
Carrier Aggregation effectively doubles the possible download speed of cellular clients such as routers, tablets, or other SIM-enabled user equipment LAN Profiles enables NCPN user equipment (SIM-enabled endpoints) to communicate with the existing enterprise LAN. By configuring the LAN Profile in the NCM Mobility Gateway, the administrator can choose to NAT or bridge UE endpoints onto the LAN. LAN Profiles enable integration of the existing enterprise LAN with the NCPN wireless LAN. Three benefits include allowing network teams to make PCN UE devices and their services directly reachable from the rest of the network, allowing PCN UEs to be assigned their IP address from the network DHCP server, and allowing network admins to pre-configure their DHCP server with an IP mapping assignment so that it behaves more like a static IP address to make it more predictable.
High Availability (HA) provides an element of resiliency should a failure occur with the Mobility Gateway. Without HA, if the Mobility Gateway fails then nothing will work, the radios won't transmit, and the devices will fall off the network until service is manually restored.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 42 Describe any "green" initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.
Configuring handover thresholds is a critical functionality in a network featuring multiple Cellular Access Points (APs), where it's anticipated that the user equipment will frequently transition between the coverage areas of these APs. Optimizing these handover threshold values:
1. Empowers administrators to manage the mobility of these User Equipment (UEs) in alignment with the RF coverage of the APs.
2. Mitigates typical mobility challenges such as ping-pong handovers, early handovers, and late handovers.
3. Enables administrators to guarantee that UEs consistently reside within optimal RF coverage, thereby ensuring desired performance levels.
Mobility Gateway Bandwidth License Stacking - "Stacking" is the ability to assign one or more 500 Mbps bandwidth licenses to any Mobility Gateway in a user account. Customers can start small with their initial Mobility Gateway bandwidth purchase, and easily scale up the network as needs dictate. Bandwidth licenses can be pooled in an account and moved around between networks as needed.
NCPN enables external v3 APls (endpoints) for every feature available including those listed above as well as radio management, network management, SIM management, and KPI metrics such as UL throughput, DL throughput and SIM count. These APls enable customers and partners to pull data from NCM into their own dashboards and apps.
See TD SYNNEX response Corporate-Citizenship-Report (See file TD SYNNEX Response - Additional Document.pdf page 10)
See Ericsson Sustainability and Corporate Responsibility Report for 2022 (sustainability-andcorporate-responsibility-report-2022-en.pdf) Corporate Citizenship Report (See file TD SYNNEX Response - Additional Documents.pdf page 58)
Ericsson's ambition to be a responsible and relevant driver of positive change is a cornerstone of its strategy and corporate culture. The company works continuously to improve and strengthen its business practices, focusing on building and maintaining trust, transparency, and integrity.
Ericsson's green initiatives, as detailed in their 2022 Sustainability and Corporate Responsibility Report, are comprehensive and target multiple aspects of sustainability:
Driving Digital Inclusion: Ericsson is dedicated to making connectivity universal and accessible, aiming to bridge the digital divide. Their efforts include significant contributions to the UNICEF and ITU's Giga initiative, aspiring to connect schools worldwide to the internet by 2030, and promoting digital literacy and financial inclusion through mobile technology.
Catalyzing Net Zero: The company is committed to achieving Net Zero emissions across its value chain by 2040. Ericsson's strategy includes enhancing the energy efficiency of its product portfolio and working with its suppliers to set science-based carbon reduction targets, thereby contributing to climate change mitigation.
Enabling Industry Transformation: Ericsson leverages its ICT solutions to enable a 15% reduction in emissions across industries by 2030. The company focuses on smart solutions like building management systems and connected electric vehicle infrastructure, showcasing the potential of digitalization in driving sustainability across sectors.
Promoting Circular Economy: Ericsson is transitioning towards a circular economy model, focusing on reducing waste through product life-cycle management and advocating for recycling and reusing materials. This approach not only minimizes environmental impact but also supports sustainable development goals.
These initiatives reflect Ericsson's holistic approach to sustainability, emphasizing not just environmental responsibility but also social inclusion and industry innovation.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 43 Identify any third-party issued eco- TD SYNNEX sites that are certified for the Environmental labels, ratings or certifications that Management System which complies with ISO 14001 :2015 are:
your company has received for • TD SYNNEX, Nobel Drive, Fremont CA the equipment or products • TD SYNNEX, Stateline Road, Olive Branch MS included in your Proposal related Note: Other TD SYNNEX Corporation sites follow the same ISO procedures, however only to energy efficiency or the sites mentioned above are certified. Please initially confirm the location where the conservation, life-cycle design product/commodity will be shipped from and follow the (cradle-to-cradle), or other above protocol.
green/sustainability factors.
Copies of the ISO 14001 :2015 certificates are provided (See file TD SYNNEX Response - Additional Document.pdf page 108 and 109)
Ericsson in 2024 was ranked #15 on the Global Corporate Knights list. Corporate Knight's 20th annual ranking of the world's 100 most sustainable corporations is based on a rigorous assessment of publicly traded companies with revenue over US $1 billion.
Ericsson, a leading R&D spender in Canada and a global leader in 5G sustainability, is proud to announce it has been named as one of Canada's Top International Corporate Clients in 2023. This designation was awarded to Ericson by Corporate Knights, a media and research company committed to advancing a sustainable economy. . ISO 14001 :2015 - Environmental Management System Standard The A240x NCPN radios are RoHS compliant
44 Describe any Women or Minority See file TD SYNNEX Diversity Alliance Program (See file TD SYNNEX Response - Business Entity (WMBE), Small Additional Document.pdf page 110) Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
45 What unique attributes does your TD SYNNEX Corporation is pleased to offer Sourcewell participating entities the entire line company, your products, or your of Cradlepoint products. Cradlepoint, the world's foremost expert in wireless edge solutions services offer to Sourcewell that unlock the power of L TE and 5G cellular networks. Their mission is to enable participating entities? What makes customers to Connect Beyond the limits of wired networks. Cradlepoint unlocks the your proposed solutions unique in transformative power of today's L TE and 5G cellular networks to provide an agile, reliable, your industry as it applies to and pervasive Wireless WAN edge.
Sourcewell participating entities? As a value-add, TD SYNNEX is also pleased to offer Sourcewell participating entities our proposal of more than 2,500 OEM IT manufacturers, offering the broadest advanced technology solutions that can be purchased in entirety using the Sourcewell contract without having to utilize multiple contracts to meet their technology needs.
TD SYNNEX distributes technology products from more than 2,500 world-leading IT OEM suppliers to more than 25,000 resellers throughout the US, Canada, and Mexico. Our focused product categories include IT systems, rugged mobility, peripherals, system components, software, and networking.
TD SYNNEX Public Sector is a specialized, fully integrated business unit that focuses on bridging the gap between technology partners and U.S. public sector organizations so they can achieve their individual missions. This is accomplished through specialized and scalable aggregator solutions, including channel enablement, engineering services and support, industry-centric marketing, the Diversity Alliance Program, and our Cloud Navigator, Enterprise Agreement Platform, Confirmed Stateside Support and Secure Software Factory offerings.
National Presence, Nationwide Distribution Capabilities TD SYNNEX' distribution model focuses on top-tier manufacturers, offering value-added resellers, system integrators, and solution providers access through knowledge-based sales consultants. We have over 1 million square feet of warehouse space across 15 distribution centers, located strategically throughout the United States.
TD SYNNEX offers: . Proven distribution, logistics and product management processes . Excellent past performance in the Public Sector market . A national presence and nationwide distribution network . ISO 9001-certifed supply chain that increases efficiencies and reduces costs . Supply Chain Risk Management (SCRM) Plan . Customs-Trade Partnership Against Terrorism (C-TPAT) Certified . Membership in Transported Asset Protection Association (TAPA) . Experienced government contractor with both Federal and State contracts . A nationwide network of value-added resellers and solution providers with one or more SBA certified small business socio-economic statuses.
Ericsson is a trusted partner within the telecommunications industry for more than 140 years. Ericsson is one of the leading providers of Information and Communication Technology (ICT) to service providers, with about 40% of the world's mobile traffic carried through its networks. Ericsson believes in enabling the full value of connectivity by creating Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 game-changing technology and services that are easy to use, adopt and scale, making our customers successful in a fully connected world. With that vision, Ericsson is in the forefront of Industry 4.0 and has over 100 private communication networks installed over the world, including manufacturing, mission critical utilities, rail, mining, and energy networks.
A world-class, uniform, end-to-end Private Network that includes both 4G and 5G (and can run at the same time).
Global footprint with telecom operators that are capable of offering managed services (along with the private networks portfolio).
Single Ericsson account and governance team.
Technology strength and innovation of radio portfolio that addresses spectrum and deployment needs, no matter the environment.
Ecosystem and partnerships that can be leveraged for unique use cases and applications.
Fast turn up of network and easy operations and maintenance for IT staff.
Cradlepoint CPE devices which specialize in L TE and 5G Wireless-WAN for businesses.
Over the last few years, Ericsson has established itself as a pioneer in brining 5G connectivity to industries. With a history in mining and early installations in ports and manufacturing, Ericsson has an important footprint with strategic industrial customers and partners. Change in the market is adapted slowly. New technologies and solutions need to have a proven track record and demonstrate their long-term benefits before companies gain trust, adapt, and invest. Having systematically accelerated the cellular ecosystem with devices, professional services and collaborations with software partners, Ericsson is already perceived as a future-proof partner and technology advisor.
EP5G Offering
As enterprises transform to become more productive and less wasteful, the realize that connectivity is the thread that holds it all together. To achieve the full potential of Industry
4.0, they must deploy a new level of connectivity, capable of driving and sustaining the change.
EP5G offers all of Ericsson in a box, including the industry-leading Ericsson Radio Portfolio with radio dots, micro radios, and macro radios for both indoor and outdoor coverage. It is like having your own private operator network, just for your site.
Highly resistant to intrusions and attacks, EP5G lets critical operations meet the most stringent security requirements. Providing reliable coverage throughout a site (no more dead spots), EP5G enables low latency, high throughput, and high device density (connected devices per square meter).
EP5G is easy to install and manage, and enables use cases such as:
Dynamic reconfiguration of manufacturing machines on factory floors Use of untethered mobile robots and drones
Use of autonomous cranes in ports
Connectivity for mines, including underground
Monitoring asset locations
Local voice services for mission-critical communication With the cloud-based Network Management Portal (NMP), EP5G offers complete control over the devices that can connect to the customer network, without incurring any cost per gigabyte of data.
EP5G offers a standardized way of integrating with a CSP network. For operators that want to offer more integration with their existing public networks, both radio integration through MOCN or MORAN, and management integrations with CSPs are available.
In addition to 5G technology, EP5G supports L TE connectivity and the existing L TE device ecosystem. If you choose to start with an L TE deployment that includes 5G capable radio hardware, enabling 5G is only a software upgrade away.
The EP5G system is managed through a management cloud. Upon launch, regional management clouds in the US, Europe, and Asia, allow for a good end-user experience and locally customized Service Level Agreements (SLAs).
NCPN Offering
Cradlepoint's experience in cellular, combined with best-in-class services, software, support, and hardware, uniquely positions us to take advantage of the opportunity that is Private Cellular.
Support Scale and distributed deployments
No complex integration process required
Reduce friction wherever possible
IT centric terminology
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Flexible architecture - on prem or hybrid cloud
Ability to continue to rely on existing infrastructure
Bundled lifecycle journey
APl-first design philosophy
The NCPN Orchestration tool - NetCloud Manager (NCM) - provides real-time visibility and control at your fingertips - all through a single pane of glass.
NCM allows you to accomplish more, faster, and with fewer resources. It's an intuitive, easyto-use cloud management and orchestration platformed designed for lean IT teams with the tools to simplify the configuration, deployment and troubleshooting of your private network.
Accelerate time to service: Enable connectivity across tens of thousands of sites, vehicles, or loT devices effortlessly. Deploy configuration changes, security policies, modem firmware updates, and edge compute orchestration in just a few clicks.
Reduce costs: When lean IT is crucial, send fewer IT staff to remotes sites - and less often - with remote monitoring and management capabilities. Prevent data overages through cellular data usage monitoring, alerts, and control.
Gain valuable insights: Track network heath through dashboards, live stat views, and reports. Monitor both network and security events form a single pane of glass.
Enhance quality of experience: Track the quality of experience of your applications using policies to direct high-priority applications to the best-performing connections.
Table 9A: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line
Item
46 Question Response *
Do your warranties cover all products, parts, and Standard Warranty with EP5G Sales include:
labor? Ericsson Private 5G HW comes with 12-month warranty, warranty support within reasonable commercial efforts (as part of the EP5G subscription).
Dell servers are covered under Pro-Support Next Business Day (NBD) Service Level Agreement. EP5G coverage period for Dell servers is, from shipment to Ericsson:
• 60 months for VEP4600 Network Controller (NWC) Small
63 months for R640XL Network Controller (NWC) Large
Full Warranty details can be found in the uploaded documents file (See file TD SYNNEX Response - Warranty lnformation.pdf)
All hardware products sold as components of Cradlepoint NetCloud Packages include limited warranty against defects in materials and workmanship through Last date of Support when used in accordance with Cradlepoint's product documentation and provided the hardware and products are under a continuous, fully paid-up subscription license to NetCloud Manager services. Cradlepoint's limited hardware product warranty is nontransferable and extends only to the original purchaser of the products from an Authorized Partner.
Full Warranty details can be found in the uploaded supporting documentation - CRADLEPOINT NETCLOUD PACKAGE LIMITED LIFETIME HARDWARE WARRANTY.pdf (See file TD SYNNEX Response - Warranty lnformation.pdf)
As an OEM that does not sell directly to end users, any labor warranties would be the offering of TD SYNNEX' Authorized Resellers.
All other OEMs, the manufacturers warranty applies. Coverage and warranty period vary by vendor. See the answer to question 51 for return guidelines.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 47 48
49 50
51 Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
Do your warranties cover the expense of
technicians' travel time and mileage to perform
warranty repairs?
Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
What are your proposed exchange and return
programs and policies?
Ericsson's warranties do not impose any usage restrictions or limitations.
Full Warranty details can be found in the supporting documentation (See file TD SYNNEX Response - Warranty lnformation.pdf)
Cradlepoint's warranty does not impose any restrictions are limitations.
Full Warranty details can be found in the supporting documentation -
CRADLEPOINT NETCLOUD PACKAGE LIMITED LIFETIME HARDWARE
WARRANTY.pdf (See file TD SYNNEX Response - Warranty lnformation.pdf) All other other OEMs, the manufacturers warranty applies.
The Ericsson Warranty covers the Ericsson hardware.
Full Warranty details can be found in the supporting documents - (See file TD SYNNEX Response - Warranty lnformation.pdf)
As an OEM that does not sell directly to end users, any labor warranties would be an offering of TD SYNNEX Authorized Resellers
The Cradlepoint Warranty covers the Cradlepoint hardware.
Full Warranty details can be found in the supporting documentation -
CRADLEPOINT NETCLOUD PACKAGE LIMITED LIFETIME HARDWARE
WARRANTY.pdf (See file TD SYNNEX Response - Warranty lnformation.pdf) As an OEM that does not sell directly to end users, any labor warranties would be an offering of TD SYNNEX Authorized Resellers.
With TD SYNNEX' expansive ecosystem of reseller partners, there are no known regions of the US or Canada for which we cannot provide a certified technician to perform warranty repairs. Sourcewell participating entities will work directly with their fulfillment reseller, Cradlepoint, or other individual manufacturers as required. The TD SYNNEX contract team will facilitate communications when necessary to ensure participating entities receive the warranty support they require.
Standard Warranty with EP5G Sales include:
Ericsson Private 5G HW comes with 12-month warranty, warranty support within reasonable commercial efforts as part of the EP5G subscription.
Dell servers are covered under Pro-Support Next Business Day (NBD) Service Level Agreement. EP5G coverage period for Dell servers is, from shipment to Ericsson:
• 60 months for VEP4600 Network Controller (NWC) Small
• 63 months for R640XL Network Controller (NWC) Large
Only Cradlepoint products under a continuous and fully paid-up subscription license to NetCloud Manager services are covered under the Cradlepoint Warranty.
For all OEMs, the manufacturer's warranty applies.
Standard Product Return Guidelines
• The credit for returns is based on the lesser of purchase price or current price at the time the Return Material Authorization ("RMA") is physically received in by the TD SYNNEX RMA Returns Center. The only exceptions are for returns due to TD SYNNEX errors or freight damages and losses which receive the original invoice price. These credits are again applied upon receipt of product in the TD SYNNEX RMA Returns Center. • Customers must have a valid RMA number (assigned by Customer Service) before returning any products and the RMA number must be written on the return shipping label only.
• The customer is responsible for filing all claims with the carrier they use to return RMA's to TD SYNNEX. It is recommended that the customer insure (for full value) the product being returned to TD SYNNEX in order to avoid any potential exposure if product is lost or damaged while in transit back to TD SYNNEX. All products that are damaged while in transit to TD SYNNEX from the customer against an approved RMA number will be refused/rejected back to the customer.
• Products must be shipped prepaid. TD SYNNEX does not cover return shipping expenses unless return is due to a TD SYNNEX error such as over shipment, mis-shipment, or sales error.
• Call tags will be issued on returns where TD SYNNEX has authorized freight.
• For standard TD SYNNEX RMA's, the customer has 15 days from the date issued to return the product to TD SYNNEX.
• For short-ship, mis-ship and over ship due to TD SYNNEX warehouse Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 error, customer has 15 days from ship date.
If a customer refuses a shipment from a TD SYNNEX warehouse, credit will be issued at the time the refused product is received back at the TD SYNNEX shipping warehouse. Refused shipments by a customer must be reported to TD SYNNEX within 5 days. These shipments can be assessed a shipping fee and/or a processing fee.
The customer must notify TD SYNNEX when a drop-ship shipment has been refused. Credit will be issued once the shipment has been verified as received back to the One Source vendor.
Returns that require TD SYNNEX product management approval before an RMA is issued may take up to 48 hours for processing/approval.
Special orders for customers are not returnable.
Restock fees of 10% or greater may be applied to stock balance or open box (non-defective) returns. If a restock fee applies to a return request, the TD SYNNEX Customer Service Representative will notify the customer of the restock fee at the time RMA is requested.
RMA Return Types/Product Return Guidelines
DOA/Defective Credit
Product must be returned in the original packaging.
Please ensure that all original components are shipped with the defective item (includes manuals, software, cables, etc.).
Please remove all add-ins (not originally sold with the product), as these items will not be returned to you (i.e., memory, sound cards, modems, etc. ).
Please follow the return shipping instruction provided with your RMA.
Advance Swap
SYNNEX cross-ships a replacement product to you before it receives the product you are returning.
Advance Swaps are subject to SYNNEX credit department approval.
Replacement shipment will be billed when shipped and credit issued once the return is received for credit.
Please follow the return shipping instruction provided with your RMA.
Damaged Shipments
Shipment should be refused and SYNNEX Customer Service contacted within 48 hours of the refusal.
All damages must be reported within 48 hours of receipt of product for all courier shipments.
Shipment damages must be refused or damage noted on the POD for credit.
Please follow the return shipping instruction provided with your RMA.
Kit Returns
For all kits, parts, and assemblies, all components must be returned complete to be eligible for credit.
Please follow the return-shipping instruction provided with your RMA.
Stock Balance
Product must be in its original manufacturer box and factory sealed.
Product must be in resalable condition.
Products must be shipped pre-paid for credit.
Please follow the return-shipping instruction provided with your RMA.
TD SYNNEX Errors
Ensure that the product is in the original manufacturer's box and that all components are present, unless otherwise authorized.
Please follow the return-shipping instruction provided with your RMA.
Manufacturer Exception Returns
TD SYNNEX will make exceptions for returns that are out of policy, provided that the manufacturer has authorized return of the product.
Once the customer has an authorized case number or manufacturer RMA number from the manufacturer, the customer then contacts TD SYNNEX Customer Service for an RMA. Customer
Service will then issue an RMA and the customer will receive credit in the amount we receive from the manufacturer for credit.
Please follow the return-shipping instruction provided with your RMA.
Return Refusal and Discrepancy Policy
TD SYNNEX reserves the right to return to a customer, at the customer's expense, any customer return that differs from the information given on the original Return Material Authorization (RMA) request, such as:
Shipments without an RMA number may be refused and/or returned at the customer's expense.
RMA number not visible and not on the box shipping label.
Product returned differs from that requested and authorized.
Unauthorized return (no RMA number was issued).
Serial number of product(s) returned were not purchased from TD SYNNEX.
Box or product damage.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Invalid RMA number.
RMA condition code given by customer differs from actual product condition.
Expired RMA number.
Incorrect product or quantity overage.
Felt-pen markings on the box.
Special orders for customers are not returnable.
Open box/double-taped.
Ericsson Private 5G (EP5G) includes hardware supported by Ericsson and Dell.
Hardware support is a standalone service, not included with any other service offering. Although EP5G hardware comes with a 12-month warranty, the warranty support is only within reasonable commercial effort, and hardware support is highlight recommended.
Hardware Supported by Ericsson
Hardware support service from Ericsson covers radio (micro, macro, and AIR), baseband, router, and network controller parts. Radio dots are not covered. Basebands, router, and radio parts are delivered to the customerspecified location as specified by the SLAs listed in the table below.
Hardware Support:
Service: SLA
Product Support: RTF 45/20
Network Support: ADV 20/5
SPMS: Next business day
Service: Lead Time
Product Support: 45/20 days
Network Support: 20/5 days
SPMS: Next business day
Service: Deliver Precision
Product Support: 90%
Network Support: 95%
SPMS: 95%
Service: Lead Time Criteria
Product Support: From Receiving faulty hardware to ready for shipment at Ericsson
Network Support: From approved RMA to delivery
SPMS: From Approved RMA to delivery
Product hardware support is available on two distinct levels for faulty units Returned to Factory (RTF) for repair. Upon approval for Return Material Authorization (RMA), Advanced (ADV) provides delivery of replacement unit before receiving the faulty unit for repair. Spare Parts Management Service (SPMS) provides a replacement unit the next business day before receiving the faulty unit for repair.
Note: Network hardware supports 5 days SPMS next business day may not be available in all regions.
The hardware support levels can be combined with any one of the following software customer support levels (bronze, silver, and gold) options. Customer is recommended to choose the level of hardware support service they view as adequate. If Customer has little or no storage of spare parts, then Customer is recommended to choose the SPMS option. The hardware service support relies on local delivery capabilities for delivery to the Customer site. Customer is responsible for field service functions such as installing new equipment and returning replaced equipment.
Suspected faults with hardware need to be acknowledged by Tier 2 before an RMA request can be issued to Ericsson, in accordance with the process agreed on between Ericsson and Customer. The service delivery manager, or the people responsible in Customer Unit, is aware of the agreed process. After acknowledgement from Tier 2 confirming hardware fault, the following steps towards resolution are performed by Tier 1 support.
Hardware Supported by Dell
To ensure timely support from Dell, the Customer Unit has to initiate ownership transfer of the Dell server or network controller through the service tag process transfer. For more information about the process, see document - DELL Hardware - Transfer Registered Owner, (000 21 -HSD Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 101073) (See file TD SYNNEX Response - Additional Document.pdf page 112)
Dell technical support is available 24/7.
Troubleshooting and replacements of network controller parts is performed by Dell. Ericsson supports Customer by initiating support process with Dell. If network controllers are faulty, Dell provides a remote response, using a technical support resource for troubleshooting assistance, customer assistance, error messages, and more.
During the troubleshooting:
If a Dell technician determines that the repair requires replacement of a critical part such as a motherboard, central processing unit, select memory modules, or select hard disk drives, then on-site replacement by a Dell technician is coordinated with the Customer for the next local business day, during business hours. Dell arranges the return of the faulty critical part to a Dell facility.
If a Dell technician determines that the repair can be accomplished with a Customer Replaceable Unit (CRU), or designated part (such as a fan module, power supply, mechanical part, and cable management part, then Dell ships the designated part directly to the Customer. This allows the Customer to replace parts conveniently. The delivery response window for replacement parts is within the next local business day during business hours. The Customer is responsible for sending the faulty CRU directly to Dell or as instructed by Dell. If the Customer does not have a capable, local resource to perform the replacement of CRU parts, under the prosupport entitlement, the Customer may request Dell Tech Support to send a service engineer to perform the replacement.
Customer is recommended to open a trouble ticket with Ericsson support if an issue with the network is identified. Ericsson support investigates and recommends replacement options.
Suspected faults with hardware need to be acknowledged by Tier 2 support before an RMA can be issued to Ericsson, in accordance with the process agreed upon between Ericsson and Customer. The service delivery manager or responsible Customer Unit is aware of the agreed process.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 52 Describe any service contract options for the Hardware Support Services (optional but strongly recommended) is a items included in your proposal. standalone service, not included with any service offering. Although EP5G comes with a 12-month warranty, the warranty support is only within reasonable commercial effort, and hardware support is highly recommended.
Hardware support service from Ericsson covers radio (micro, macro, and AIR), baseband, router, and network controller parts. Radio dots are not covered. Basebands, router, and radio parts are delivered to the customerspecified location as specified by the SLAs listed in the table below Hardware Support:
Service: SLA
Product Support: RTF 45120
Network Support: ADV 2015
SPMS: Next business day
Service: Lead Time
Product Support: 45120 days
Network Support: 2015 days
SPMS: Next business day *
Service: Deliver Precision
Product Support: 90%
Network Support: 95%
SPMS: 95%
Service: Lead Time Criteria
Product Support: From Receiving faulty hardware to ready for shipment at Ericsson
Network Support: From approved RMA to delivery
SPMS: From Approved RMA to delivery
Product hardware support is available on two distinct levels for faulty units Returned to Factory (RTF) for repair. Upon approval for Return Material Authorization (RMA), Advanced (ADV) provides delivery of replacement unit before receiving the faulty unit for repair. Spare Parts Management Service (SPMS) provides a replacement unit the next business day before receiving the faulty unit for repair.
Other vendors may provide extended warranty options.
Table 9B: Performance Standards or Guarantees
Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line Question Response * Item
53 Describe any performance standards or See Document "TD SYNNEX Response - Question 53" (See file TD SYNNEX guarantees that apply to your services Response - Additional Document.pdf page 140) Ericsson offers three customer service levels: bronze, silver, and gold. The following table lists the different SLOs for each service level.
Self Service Portal Support
Bronze: Unlimited Access 24/7
Silver: Unlimited Access 24/7
Gold: Unlimited Access 24/7
Email Support
Bronze: Ericsson support Mon-Fri between 8-17, customer local time Silver: Ericsson support Mon-Fri between 8-17, customer local time Gold: Ericsson support 2417
Phone Support
Bronze: NIA
Silver: Ericsson support Mon-Fri between 8-17, customer local time Gold: Ericsson support 2417
Emergency Escalation Support
Bronze: NIA
Silver: Ericsson support Mon-Fri between 8-17, customer local time Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Gold: Ericsson support 24/7
Incident Reporting Support
Bronze: Ericsson support Mon-Fri between 8-17, customer local time Silver: Ericsson support Mon-Fri between 8-17, customer local time Gold: Ericsson support 24/7
Temporary Remedy for Software Issues
Bronze: All priority levels within commercially reasonable efforts Silver:
Priority 1 < 4 work hours
Priority 2 < 8 work hours
Priority 3 and 4 within commercially reasonable efforts Gold:
Priority 1 < 4 work hours
Priority 2 < 8 work hours
Priority 3 and 4 within commercially reasonable efforts Initial Permanent Fix for Software Issues
Bronze: All priority levels within commercially reasonable efforts Silver:
Priority 1 < 10 workdays
Priority 2 < 20 workdays
Priority 3 and 4 within commercially reasonable efforts Gold:
Priority 1 < 10 workdays
Priority 2 < 20 workdays
Priority 3 and 4 within commercially reasonable efforts Each priority level has a response time, remedy time and resolution time. The table below lists the response times and update frequency for each priority level.
Priority Levels
Priority Level 1- Urgent
Response Time: 15 min
Remedy Time (Short- Term): 4 hours
Remedy Time (Permanent): 10 days
Update Frequency: Once every hour, or as agreed
Priority Level 2- High
Response Time: 15 min
Remedy Time (Short- Term): 8 hours
Remedy Time (Permanent): 20 days
Update Frequency: Once every 4 hours, until a solution is identified Priority Level 3- Normal
Response Time: 30 min
Remedy Time (Short- Term): Commercially reasonable effort Remedy Time (Permanent): Commercially reasonable effort Update Frequency: Weekly or as agreed, until a solution is identified Priority Level 4- Low
Response Time: 30 min
Remedy Time (Short- Term): Commercially reasonable effort Remedy Time (Permanent): Commercially reasonable effort Update Frequency: Weekly or as agreed, until a solution is identified Service Level Priority
The following lists definitions and examples of issues covered by the four priority levels:
Priority 1: Urgent: Priority 1 issues are urgent and have a significant impact on the end-user business operations and use of services due to connectivity problems. The issue ends operations without a procedural workaround. Priority 1 issues include, but are not limited to the following:
Network services are down or unavailable.
Critical functionality is unavailable.
The following Priority 1 issues are site specific:
Data connectivity is lost, no provisioned devices are communicating.
All radios are down, because of on-site power failure or cell down.
Both network controllers are down.
Baseband is down, meaning traffic impact is greater than 30%.
The IRU is down, meaning traffic impact is greater than 30%.
Power supply is down, meaning traffic impact is greater than 30%.
The upgrade procedure failed.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 There is a continuous switchover between network controllers.
The following Priority 1 issues are region-specific:
Google Cloud Platform (GCP) is down, affecting all back-end services including monitoring.
The support system is down.
The notification system is down.
The NMP is not reachable for several end-customers in the same region, because of Domain Name System (DNS) issues.
Several sites show equipment down at the same time, because of DNS issues.
Priority 2: High: Priority 2 issues are high priority issues in which significant performance degradation is experienced, or major functionality is affected. Because of connectivity problems, end-user business operations are severely limited, and no reasonable workaround exists. Priority issues include, but are not limited to, the following:
Key features of the Management as a Service delivery are unavailable with no acceptable workaround. Operations can continue in a restricted manner.
Service is operation but degraded to the point of major impact on endcustomer connectivity usage.
The following Priority 2 issues are site specific:
The NMP is not accessible for a single site, but Core Site Services are functioning properly.
The end-user is not able to add, remove or modify devices in the NMP but existing configured devices are functioning properly.
Devices continuously disconnect.
The VPN tunnel is down.
Watchdog data is not shown in the NMP.
One or more radios are down.
The Watchdog application has upgrade problems.
One network controller is down, and the other network controller is functioning properly with no impact on network services.
The following Priority 2 issues are region-specific:
Security patches cannot be deployed.
Priority 3: Normal: EP5G is functioning and providing connectivity, but the enterprise is minimally impacted due to non-critical error condition. Business operations continue to function, and a workaround is available to mitigate impacts of the issue.
Issues that impact operation and maintenance functionality are also priority 3, such as problems with adding or deleting users or onboarding new devices.
Priority 4: Low: EP5G is functioning with no issues. General questions on functionality, enhancement requests, or documentation clarification are tracked in this category.
The following are examples of priority 4 issues:
The end-user requests are more feature details specific to scheduling deployments through the NMP.
The installer requests clarification on the steps for upgrading a Watchdog device.
Details about a new feature are missing from the release notes.
Additional feature descriptions are requested.
Available SLA by Service Level
Services
KPI: Service Availability
Formula: Availability % = ((Committed Minutes - Service Interruption Minutes for Network services) / Committed Minutes) • 100)
Bronze Pkg SLA: >=99.50%
Silver Pkg SLA: >=99.90%
Gold Pkg SLA: >=99/95%
Management as a Service
KPI: Service Availability
Formula: Availability % = ((Committed Minutes - Service Interruption Minutes for Network services) / Committed Minutes) • 100)
Bronze Pkg SLA: >=99.50%
Silver Pkg SLA: >=99.90%
Gold Pkg SLA: >=99.95%
Ericsson Tier 2 Proactive Notifications
If Ericsson support team identifies a Priority 1 incident affecting and end-customer of Customer before Customer or Tier 1 support issue acknowledgement, Ericsson shall notify Customer within 15 minutes of becoming aware of the incident.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 The notice shall include the following:
Description of outage
Date and time of outage
Geographic location
Percentage of Customer affected, if known
End-customer affected
Estimated time to repair, if known
Ericsson case number
Outage bridge phone number and pin, if applicable
Time of next updated
Escalation Template
Ericsson channel partner manager or Ericsson local organization provides single point of contact for any escalation. Ericsson provides contact names, titles, emails and phone numbers.
Contact Level for Escalation
Primary: Support Lead-Ericsson Private 5G
Secondary: Support Manager- Ericsson Private 5G
Executive: Director- Dedicated Networks
Notification System
The EP5G support model includes a notification system that provides actionable and reliable alerting. With integrations into enterprise-leading monitoring, ticketing, and chat tools, the notifications system can group alerts, filter out noise, and notify support users through multiple channels. The following key elements are part of the notifications system:
Multiple alerting channels
Alert enrichment
Custom alert actions
Alert customization and classification
Alert lifecycle tracking
Alert and notification policies
Heartbeats
On-call management and escalations
Advanced reporting and analytics
NCPN RESPONSE:
NetCloud Manager Service Level Objective: Cradlepoint will use commercially reasonable efforts to make the Cradlepoint NetCloud Manager Services available 24 hours a day, 7 days a week, except for: (i) scheduled maintenance downtime, (ii) emergency maintenance, and (iii) any unavailability caused by circumstances beyond Cradlepoint's reasonable control, including a Force Majeure Event.
NetCloud maintenance, updates, upgrades, and enhancements are communicated to Authorized Users through NCM, NetCloud Status, and e-mail notifications can be established within NCM reporting tool. Notifications of scheduled maintenance can be found on the Cradlepoint Status website - status.cradlepoint.com - where you can also subscribe for system status updates. While system/program maintenance completed by the Cradlepoint team will be done on the socialized schedule, most NCM/NCOS upgrades and updates can be scheduled by the Authorized User's NCM Administrator.
As an Original Equipment Manufacturer (OEM) that does not sell direct to Authorized Users, our ASPs function as the first line of support for warranty services, call back procedures, and time frames. As such, the preferred method of requesting repair and warranty services is through the ASP that has been working with the Authorized User.
Authorized Users may also contact the Cradlepoint Global Support team directly or open a support case through the secure Customer Portal, accessed through NetCloud Manager (NCM). Cradlepoint tracks questions and assistance requests for Authorized Users with Cradlepoint products covered by a NetCloud Solution Package through a service request process. As cases are opened, information about the Authorized User site and technical details about the product, service and environment will be collected. A "Case Severity" will be assigned for each case. The Case Severity is defined by the impact to the Authorized User and the type of problem. It helps define the response time, communication cadence, and acts as a guide to further escalations. Setting these levels allows Cradlepoint to resolve issues in a timely manner for more Authorized Users.
Assigning Case Severity
Severity 1: Entire site WAN connectivity/network is down, the Authorized User is critically impacted due to problem with Cradlepoint Product/Service. Full-time resources from Authorized User and Cradlepoint are needed until the network is back online
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 Severity 2: Site WAN connectivity/network is severely degraded and significant aspects of the Authorized User is impacted negatively due to problem with Cradlepoint product/service
Severity 3: Site WAN connectivity/network is impaired due to Cradlepoint product/service; most business functions are operational * Until case close or root cause identified.
** The Enterprise Support Engineer keeps in continual contact unless agreement is reached with the Authorized User for alternate communications (e.g., breaking contact to work on the case).
Update frequency describes the times for on-going communication to convey progress to the customer. The Enterprise Support Engineer will update the support case in the Connect portal with current progress. Additionally, the Cradlepoint Executive Management team will be updated daily on all Tier 3 and above escalated cases.
As needed, the following escalations will occur based on Case Severity and time to resolve
2 Hours
Severity 1 : Tier 2
4 Hours
Severity 1 : Tier 3
Severity 2: Tier 2
24 Hours
Severity 1 : Tier 4
Severity 2: Tier 3
48 Hours
Severity 2: Tier 4
Severity 3: Tier 2
72 Hours
Severity 3: Tier 3
Subsequent escalations will follow Tiers 1-4 as defined below until the Case reaches resolution.
Tier 1
Who?: Customer Service
Procedure: Open a Support Case in Connect portal
Knowledge Base available 24x7x365
Qualified phone support available 24x7x365
Notes: If the call is made outside of Cradlepoint standard hours, and meets the 24x7 emergency criteria, the call will be connected to an on-call engineer.
If the call does not meet the emergency criteria, the call will be returned during normal business hours.
Tier 2
Who?: Assigned Enterprise Support Engineer
Procedure: Once a case has been escalated, Tier 2 support is provided by enterprise engineers who are available 24x7x365.
Notes: If the call is made outside of Cradlepoint standard hours, and meets the 24x7 emergency criteria, the call will be connected to an on-call engineer.
If the call does not meet the emergency criteria, the call will be returned during normal business hours.
Tier 3
Who?: Enterprise Support Supervisor, Cradlepoint Quality Assurance Team, and Manager, Global Support
Procedure: The Tier 3 support team will be available during Cradlepoint business hours or longer for Severity 1 issues.
Tier 4
Who?: Executive Management Team
Procedure: The VP Global Support, VP Sales, CMO, and CEO will drive for Case resolution at Tier 4.
Cradlepoint works to close Authorized User cases as quickly as possible. The tracking or resolution time begins when the case is received from the Authorized User and the required information is captured. The resolution timeframe concludes Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 when the Authorized User accepts the resolution, and the case is formally closed in the Connect portal.
While many reported problems often involve products and services outside of Cradlepoint's control, these resolution timeframes are our targets:
Restore Network Connectivity: < 4 Hours
Severity 1: < 48 Hours1
Severity 2: < 5 Business Days2
Severity 3: < 10 Business Days
Inquiry: < 15 Business Days
Note 1: Dependent on root cause analysis requirements, closure may take longer but should be agreed upon with Authorized User.
Note 2: Best effort will be made to restore network connectivity within 4 hours. Next Business Day would be best case for certain cloud networking issues that require assistance from our Operations team.
Details can be found in the supporting documents - End User Agreement_Cradlepoint.pdf, (See file TD SYNNEX Response - Supporting Documents.pdf page 124)
54 Describe any service standards or EP5G provides Service Level Agreement (SLA) monitoring and Key Performance guarantees that apply to your services Indicator (KPI) tools. (policies, metrics, KPls, etc.)
The performance of a site will be verified at installation and handover. The Watchdog app, available for Android-based devices and as headless software running on a custom industrial gateway, referred to as the industrial Watchdog device, allows constant monitoring and verification of the system network performance. Network performance information is displayed on the screen of Android-based devices and in the Network Management Portal. *
Cradlepoint will use commercially reasonable efforts to make the Cradlepoint NetCloud Manager Services available 24 hours a day, 7 days a week, except for: (i) scheduled maintenance downtime, (ii) emergency maintenance, and (iii) any unavailability caused by circumstances beyond Cradlepoint's reasonable control, including a Force Majeure Event.
Details can be found in the attached file - End User Agreement_Cradlepoint.pdf (See file TD SYNNEX Response - Supporting Documents.pdf page 124) Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Table 10: Payment Terms and Financing Options
Line Question Item
55 Describe your payment terms and accepted payment
methods.
56 Describe any leasing or financing options available for use by educational or governmental entities.
57 Describe any standard transaction documents that you propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
58 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell participating entities for using this process?
Table 11: Pricing and Delivery
Response •
TD SYNNEX Resellers will provide 30-day payment terms to Sourcewell Participating Entities and will accept credit card payments if requested.
*
TD SYNNEX provides our resellers with access to TD SYNNEX Capital in addition to standard Net Terms, Escrow, Flooring Accounts, Wire Transfer, and Credit Card payment terms.
TD SYNNEX Capital
State, local and education (SLED) financing requirements are more diverse and complex than those of commercial clients due to the unpredictability of future budgets, non-appropriation risk and uncertainty around the lifespan of the investment. TD SYNNEX Capital has extensive regulatory knowledge to assist these SLED agencies in acquiring the equipment they need at a lower cost: . Align payments to budget availability . Benefit from multi-year discounts . Free up capital for other projects * . No large, upfront cash expenditures . Only current year payments are included in operating budget . Put all products and services on a single agreement
TD SYNNEX CAPITAL MAKES IT EASY
. Competitive pricing, including municipal rates . Easy credit application . Fast funding . Streamlined documentation that includes non-appropriations protections.
The Ericsson standard transaction documents include a signed Statement of Work (SOW) and End User Licensing Agreement (EULA).
The Cradlepoint standard transaction documents can be found online at www.cradlepoint.com/legal and are attached to this response.
Inclusion of documents beyond the End User Agreement (EUA) and NetCloud Manager Services Terms would depend on the solution(s) purchased.
The standard documents are included in the supporting documents: . End User Agreement (EndUserAgreement_Cradlepoint.pdf) See file TD SYNNEX Response - Additional Document.pdf page 124 . NetCloud Manager Services Terms (NetcloudMangerServices_TC_Cradlepoint.pdf) See file TD SYNNEX Response - Additional Document.pdf page 154 . * Secure Location Services Terms & Conditions (SecureLocationServices_TC_Cradlepoint.pdf) See file TD SYNNEX Response - Additional Document.pdf page 156 . SIM Management Feature Terms & Conditions (SIMManagementFeature_TC_Cradlepoint.pdf) See file TD SYNNEX Response - Additional Document.pdf page 161 . NetCloud Exchange Terms & Conditions (NCX_TC_Cradlepoint.pdf) See file TD SYNNEX Response -
Additional Document.pdf page 149 . NetCloud Private Networks Terms & Conditions (NCPN_TC_Cradlepoint.pdf) See file TD SYNNEX Response - Additional Document.pdf page 145
For other TD SYNNEX Terms and Conditions, see TD SYNNEX Terms and Conditions.pdf (See file TD SYNNEX Response - Additional Document.pdf page 164)
Yes. On a case-by-case basis, up to a 3% credit card transaction fee may apply. *
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line
Item
59 Question
Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
Response *
Pricing for each EP5G deployment includes a one-time CAPEX component and a yearly OPEX component. The one-time fee includes the hardware that is sold to the customer and the setup and configuration of the cloud environment for the deployment.
The yearly subscription fee includes:
• Licenses for the software running on the network controllers (including the required core network features) and the radio hardware, valid during the subscription.
• Access to the EP5G management cloud to manage the
equipment on the customer site through the Network Management Portal and the Cloud API.
• Monitoring of customer site infrastructure by the Ericsson NOC. • Tier 2 and Tier 3 Support
Note: Channel Partners are expected to provide Tier 1 support.
The NetCloud Service Subscription is sold in tandem with Cradlepoint hardware (router, endpoint).Subscriptions are sold in 1-, 3- and 5-year terms. Subscriptions include customer support, training, technical support and warranty at no additional cost. When a subscription term is due to expire, customers can choose to purchase a renewal subscription in the same 1-, 3- or 5-year term options.
TD SYNNEX Corporation would like to submit our entire product catalog for inclusion in our response to this RFP. With over 2,500 IT manufacturers, the TD SYNNEX proposal offers a broad range of multi-vendor solutions that can be purchased in entirety using the Sourcewell contract without having to utilize multiple contracts to meet their technology needs. We will continue to leverage our proven network of order fulfillment partners to grow this program with incremental revenue currently utilizing other contract vehicles.
Our complete catalog of our tier one Original Equipment Manufacturers' (OEM) solutions, with authorized and proven reseller/integrator partners, and world-class program management compliments the overall Cradlepoint solution and brings a one contract approach to procurement for Sourcewell participating entities.
The pricing below reflects the discount we propose. Due to the depth and breadth of our entire catalog, we proposed a 4% discount from MSRP (with exceptions noted below) because it is impossible to provide discounts for each manufacturer and/or for each product segment within each manufacturing line. In addition, we sell a broad range of products from commodities like printers and Chromebooks up to enterprise class data center server and storage manufacturers with a corresponding range of discounts. In order to offer the most complete, all-inclusive catalog offering, we are proposing discounts from MSRP as a minimum threshold discount for all vendor lines and product categories with the ability to offer greater discounts depending on the manufacturer and specific product segments being quoted as well as any additional discounts/rebates that are being offered by the manufacturer.
Pricing Summary
NTE (Not-to-Exceed) Contract Pricing
• 4% Discount from MSRP applicable to all manufacturing lines, (unless noted in Exceptions below)
• 2% Discount from MSRP for the following:
o All Chromebooks, HP Smartbuys, Lenovo TopSeller Products and all other promotionally priced products.
o Manufacturers exceptions include:
APC
Asus
Contract pricing for Avaya's non-discountable SKUs will have no (0%) discount from MSRP
Avaya products, not to include non-discountable SKUs will be priced at 2% off MSRP
Cisco
Crucial
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 60 61
Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
Describe any quantity or volume discounts or rebate
programs that you offer.
F5
Global Knowledge Training
Google
HP SmartBuys
Lenovo Topseller products
Microsoft Software
NEC
Seagate
TD SYNNEX Services
• 0% Discount for:
o Non-Discountable SKUs
• Services: Please refer to the Services line card for a complete breakdown of specific costs associated with our services. Please email [email protected] with any questions.
• Dealers are encouraged to offer additional discounts from the established contract price when possible.
TD SYNNEX would like to reserve the right to amend this List of Exceptions from time to time on an as needed basis. TD SYNNEX agrees to provide IUC-PG with written notification and justification for any revisions/adjustments to this list. New vendors and products that are added during the period of the contract shall follow the same product classification as described above.
See "TD SYNNEX Pricing and Discounts." See file TD SYNNEX Response - Pricing.xlsx
Cradlepoint NetCloud Private Networks: 10% Discount off MSRP Cradlepoint EP5G Private Networks: 10% Discount off MSRP Value Added Product Offerings: NTE (Not-to-Exceed) Contract Pricing
• 4% Discount from MSRP applicable to all manufacturing lines, (unless noted in Exceptions below)
• 2% Discount from MSRP for the following:
o All Chromebooks, HP Smartbuys, Lenovo TopSeller
Products and all other promotionally priced products.
o Manufacturers exceptions include:
APC
Asus
Contract pricing for Avaya's non-discountable SKUs will have no (0%) discount from MSRP
Avaya products, not to include non-discountable SKUs
will be priced at 2% off MSRP
Cisco
Crucial
F5
Global Knowledge Training
Google
HP SmartBuys
Lenovo Topseller products
Microsoft Software
NEC
Seagate
TD SYNNEX Services
• 0% Discount for:
o Non-Discountable SKUs
• Services: Please refer to the Services line card for a complete breakdown of specific costs associated with our services. Please email [email protected] with any questions.
• Dealers are encouraged to offer additional discounts from the established contract price when possible.
TD SYNNEX would like to reserve the right to amend this List of Exceptions from time to time on an as needed basis. TD SYNNEX agrees to provide IUC-PG with written notification and justification for any revisions/adjustments to this list. New vendors and products that are added during the period of the contract shall follow the same product classification as described above.
TD SYNNEX can offer a 50bps (0.50%) discount for one-time orders of $250,000 or more. One-time orders must be placed on one purchase order with one ship to location.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 62 63
64 65
66 Propose a method of facilitating "sourced" products or related services, which may be referred to as "open
market'' items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a
percentage," or you may supply a quote for each such
request.
Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or shipping charges. For example, list costs for items like predelivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.
If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.
Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
Describe any unique distribution and/or delivery methods or options offered in your proposal.
With TD SYNNEX' offering of our entire product catalog for inclusion in our response to this RFP as a value-add, there will be little to no "Open Market" products required.
Should a Sourcewell Participating Entity require products not included on the TD SYNNEX linecard of more than 2,500 IT manufacturers, the quote, purchase order, and invoice will clearly identify all Open Market products as such.
Sourcewell participating entities will receive free UPS and/or FedEx ground shipping for products that ship directly from a TD SYNNEX distribution center. This policy excludes expedited shipping costs (overnight, 2 day, etc.) and items over 150 pounds, OCONUS shipments, L TL shipments and/or items that require white glove services, liftgate services, and items such as heavyweight printers, wide format printers, large displays and televisions, batteries, paper, furniture/shelving, and other heavy/bulky items that require special delivery.
On a case by case basis, up to a 3% credit card transaction fee may apply.
Cost for Ancillary Services are provided. See uploaded
document 'TD SYNNEX response Services Line
Card Pricing Sourcewell.xlsx"
Shipping and Freight Policy
Sourcewell participating entities will receive free UPS and/or FedEx ground shipping from products that ship directly from a TD SYNNEX distribution center. This policy excludes expedited shipping costs (overnight, 2 day, etc.) and items over 150 pounds, OCONUS shipments, L TL shipments and/or items that require white glove services, liftgate services, and items such as heavyweight printers, wide format printers, large displays and televisions, batteries, paper, and furniture/shelving.
Shipping and Freight Policy
Sourcewell participating entities will receive free UPS and/or FedEx ground shipping from products that ship directly from a TD SYNNEX distribution center. This policy excludes expedited shipping costs (overnight, 2 day, etc.) and items over 150 pounds, OCONUS shipments, L TL shipments and/or items that require white glove services, liftgate services, and items such as heavyweight printers, wide format printers, large displays and televisions, batteries, paper, and furniture/shelving.
Alternative carriers will used for OCONUS (Outside the continental United States) shipments, to include Alaska, Hawaii, Canada, or any offshore delivery. Shipping cost will vary by order.
TD SYNNEX provides logistics support such as outsourced fulfillment, virtual distribution, consignment, and direct ship to endusers to our reseller customers. Other logistics support activities include generation of customized shipping documents, multi-level serial number tracking for customized, configured products, and online order and shipment tracking.
• Drop shipments
• Same-day shipping
o AIT Worldwide
o Dynamex
• Delivery Services - Parcel, L TL, TL, FTL, Air
o FedEx
o United Parcel Service (UPS)
• 24x7 emergency services
• Cross-Dock & Consolidation
• Import/Export Management
TD SYNNEX offers logistical support capabilities and processes to handle local, regional, and multi-national rollouts. Logistical systems are designed to augment and complement our partners current capabilities, extend their geographical reach, provide technical support, and offer the ability to expand market reach and opportunities with little capital investment by leveraging TD SYNNEX as a business partner.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Table 12: Pricing Offered
Line The Pricing Offered in this Proposal is: * Item Comments 67 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
Table 13: Audit and Administrative Fee
Line
Item
68 69
Question
Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.
If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract.
Response *
TD SYNNEX has significant experience owning/managing
Public Sector contracts. We have dedicated teams that
work with sales teams, resellers, and authorized Sourcewell order fulfillers to provide:
• Contract pricing
• Collection of contract fees and reporting
• Audit
As Authorized Resellers are added to the contract, the TD SYNNEX Sourcewell Contract Manager, along with the
reseller's dedicated Contracts Administrator, will conduct full training on the contract requirements, pricing, and reporting.
Periodic spot-audits will be conducted on each Authorized Reseller's public sector sales to Sourcewell participating entities to ensure accurate identification of Sourcewell contract orders.
Sourcewell orders are identified at the time of entry. Once entered, they are "coded" as a Sourcewell order and
contract fees are automatically collected. TD SYNNEX sales teams are also required to upload any supporting
documentation into each order, if required.
The contract administration team audits POS reports for accuracy and submits required reporting. The contract
administration team is also responsible for the payment of any contract fees. TD SYNNEX utilizes a proprietary
enterprise resource planning (ERP) system called CIS. CIS has been built from the ground up to specifically support all aspects of distribution business needs, including contract administration.
TD SYNNEX has a dedicated team of who are responsible
for the overall management of our state contracts.
Responsibilities include the coordination of marketing efforts; reseller recruitment and development, quoting, sales, technical support, customer service, post-sales support, reporting and compliance.
The TD SYNNEX Contract Manager will periodically review Authorized Reseller sales and work directly with the sales teams to ensure the resellers have the tools needed to be successful with this contract. Non-performing resellers may be removed to allow additional resellers the opportunity to support the Sourcewell participating entities. We will work directly with Cradlepoint as well as our additional vendors to ensure only the best resellers with the required experience are included on this contract.
TD SYNNEX will also work with our designated Sourcewell representative to ensure we are meeting Sourcewell's
desired results and expected performance.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 70 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.)
TD SYNNEX has enjoyed significant success with our current contract administrative fee model contract in a very
competitive contractual marketplace. TD SYNNEX requests using the same pricing model that we currently use to drive the success in other SLED contracts we hold. This contract can be a strategic advantage for our dealers who drive the success of this contract.
TD SYNNEX requests that contract fees reflect:
0.80% or 80bps for Ericsson/Cradlepoint EP5G products
0.80% or 80bps for Cradlepoint products
0.80% or 80 Bps for Commodity Products
2.00% or 200 Bps for Enterprise Products
The Contract Fee is calculated off the Dealer's combined monthly sales based on the total pricing charged to the Sourcewell participating entities.
Products are defined as:
Enterprise Products are products that are High-End
enterprise class Datacenter Server/Storage that support cloud, Al/ML, and data center solutions, that require specific vendor authorization to purchase.
Enterprise Product Examples:
Hewlett Packard Enterprise HPE Cray XD2000
supercomputer (The architecture
can run proficiently with multiple generations of CPUs, GPUs, and interconnects. The HPE Cray EX is designed to support up to 256 dual socket nodes in a single cabinet, as well as support
high-wattage CPUs and GPUs.)
Cisco Nexus 9000 Series switch (400G-ready and 800Gcapable with a power efficient distributed architecture.
Managed by Cisco Enterprise Agreements.)
HPE Aruba CS 8400 Series data center switches (Highperformance 19.2Tbps switching (1 .2Tbps/slot) capacity with up to 7.142Bpps for throughput.)
Commodity Products are all other products such as servers, networking equipment, and end-point devices such as
desktop, laptop, tablets and print devices. Also includes peripheral devices such as monitors, docking stations,
UPS/power, telephony, furniture, and other accessories and supplies.
Commodity Product Examples:
HP Inc. EliteBook 840G8 laptop
Lexmark Color All-in-One 4-Series printer
Apple iPad Pro 12.9-inch tablet
Eaton SP UPS backup power solution
Logitech MX Master mouse
New vendors and products that are added during the period of the contract shall follow the same product classification as described above.
Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Response * Item
71 Provide a detailed description of the equipment, The TD SYNNEX Private Networks offering consists of:
products, and services that you are offering in your 1. Cradlepoint NetCloud Private Networks (NCPN) - an end-to-end private Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 proposal. cellular network solution designed for the needs of today's dynamic enterprise IT ecosystems. Complete subscription packages with cloud-native operations enable scalability, plug-and-play deployment, zero-trust access, and single-pane-of-glass management.
2. Ericsson Private 5G (EP5G) - a wireless networking product engineered for the demands of complex industrial operating environments, providing high-speed, secure 4G & 5G connectivity. Easy-to-order, install and manage, EP5G was developed for industrial use, ensuring sensitive data remains secure and onsite. As your needs grow, EP5G offers a range of deployment sizes, ranging from small, medium, large, to extra-large. With seamless evolution and upgradability, Ericsson Private 5G supports every step of your digitalization journey.
As a portfolio, both Ericsson Private 5G and NetCloud Private Networks offer complementary value propositions for the enterprise's connectivity needs with simplicity. Discuss your digitalization needs with us and we can find a solution to fit your specific requirements.
NetCloud Private Networks:
Private cellular networks use L TE or 5G technologies to combine the best of Wi-Fi and public cellular, enabling enterprises to maintain networks with security, reliability, coverage, capacity, mobility, and the predictability required for business and mission critical applications. However, it is not an either-orscenario when comparing private networks to Wi-Fi and public cellular; they work together to provide better connectivity across the enterprise.
Cradlepoint's NetCloud Private Networks (NCPN) is an end-to-end private cellular network solution designed for today's enterprise IT ecosystem and removes the complexities of building private networks by providing a familiar "Wi-Fi-like" experience. NCPN leverages existing network infrastructure investments and simplifies the complexities of private cellular network ownership that have hindered broader enterprise adoption. A cloudnative extension of the Cradlepoint NetCloud Service, it delivers scalability, plug-and-play deployment, a familiar Wi-Fi-like experience, and pathway for simplified IT infrastructure integration - all through a single pane of glass.
Initially based on the 4G L TE Citizen Broadband Radio Service (CBRS) spectrum in the USA, NetCloud Private Networks is a cloud-native solution packaged to make it easy for enterprises to prioritize security and Quality of Service (QoS) while also enabling plug-and-play deployments that scale with an APl-first design philosophy. NCPN provides an added layer of security over and above SIM-based authentication. The added layer of security is built from the ground up using zero-trust principles and is based on a granular and dynamic policy framework that is core to the architecture. The policies are applied based on the connection's context which includes network, user, device, environment, application, and cellular attributes.
Built around a converged 4G/5G cellular core, NetCloud Private Networks (NCPN) has the flexibility to be deployed on the enterprise premises or public cloud, thus enabling enterprises to maintain their data locally while still benefitting from the power of cloud-based configuration and policy management. With this inherent flexibility, the NCPN Mobility Gateway enables secure access to enterprise data services from authenticated cellular endpoints.
The NCPN solutions include plug-and-play Cellular Access Points (CAPs) that support the 4G L TE CBRS spectrum band 48. Sometimes referred to as small cells, the CAPs form the private Radio access Network (RAN) that cellular endpoints and clients connect to and are authenticated through the Mobility gateway. CAPs rated for indoor locations and outdoor environments work together to create contiguous private network connectivity across the entire enterprise location.
NetCloud Private Networks Values and Benefits:
Simple Process: NCPN is packaged to make building, managing, and maintaining a private network simple, secure, and scalable, perfect for lean IT environments.
Wi-Fi-Like Experience: Bundled in one package, NCPN includes everything needed to set up and run the private network from day one.
Existing network and policy frameworks are used to augment or replace the enterprise Wi-Fi solution.
Data Costs: Operational expenditure (OpEx) can escalate in a largescale private L TE deployment. Endpoints and adapters that are FCCcertified to support Band48 will reduce data costs.
Guaranteed Connection: Private cellular networks provide robust LAN connectivity with fewer radios and less competition for bandwidth. Traffic can be prioritized based on needs - either user-by user- or application-byapplication.
Security: Private cellular networks strengthen end-to-end security, from the enterprise-grade endpoints with SIMs to the infrastructure.
Centralized Management: NetCloud Manager (NCM) is one platform to monitor and manage all sites and endpoints. With a single pane of glass, it Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 has visibility for all configuration changes, network performance, and security analytics.
Components Included in NCPN
NetCloud Manager - NetCloud Manager (NCM) is Cradlepoint's secure cloud-based network management service available 24x7 for all Cradlepoint clients. NetCloud Services allow users to transition to a Wireless WAN, delivering an all-in-one subscription. NCM enables clients to deploy, manage, and monitor their NCPN network. Available using the website or mobile app, authorized users can view statistical and operational analytics dashboards and configure their network to fit their needs.
NetCloud Mobility Gateway - The NCPN Mobility Gateway is deployed as a Virtual Machine (VM) on-premises or cloud-based and performs the core functions on the NetCloud Private Network
The Cellular Core provides control plan and data plane services to the cellular network and acts as a bridge between the cellular radio components (cellular Aps and UEs) and the enterprise LAN and IP networks.
The NCPN Mobility Gateway provides cellular functionality and is comprised of four components:
Home Subscriber Server (HSS), which supports NetCloud Private SIM authentication
Mobility Management Entity (MME), which manages the control plane Serving Gateway (SGW), which manages the user data plane Packet Gateway (PGW), which connects to the external network More than one NetCloud Mobility Gateway can be included in a network, allowing the option of enabling High Availability (HA).
Cellular Access Points (Cellular Aps) - Cradlepoint's indoor and outdoor Cellular Aps are 4G L TE capable with CBRS bands (B48) and provide network access to up to 64 active users per Cellular AP. These Cellular Aps form the private Radio Access Network (RAN) that cellular endpoints and clients connect to and are authenticated through the Mobility Gateway. The ruggedized designs fit for difficult environments include integrated antennas and offer up to 2x2 MIMO with carrier aggregation.
Indoor units are easily mounted using a wall or ceiling bracket while outdoor units are mounted to a wall or a pole. All Cellular Aps have a centralized management and operations system and coordinate using NetCloud Manager.
Subscriber Identity Modules (SIMs) - NetCloud Private SIMs seamlessly fit in with other private mobile network products and provide the secure credentials to connect to the Cradlepoint network. Private SIMs can be traditional physical SIMs (Private SIM) or digital SIMs (Private eSIM).
Spectrum Access System (SAS) Server - A subscription to a SAS Server is included with a NCPN license. SAS is a cloud-based frequency coordination system that manages the Citizen Broadband Radio Service (CBRS). Spectrum Access service prevents harmful interference to network users and follows established protocols for communication determination by the Wireless Innovation Forum (WinnForum).
Endpoints - NCPN is supported by a wide range of Cradlepoint endpoints to support a variety of use cases including fixed site, vehicle, loT and remote work.
Technical Specifications on the Mobility Gateway, Cellular AP, and Private SIMS, see the NetCloud Private Networks (netcloud-private-networks-2023-12-
05.pdf) see file TD SYNNEX Response - Additional Document.pdf page 178.
Ericsson Private 5G
Ericsson Private 5G (EP5G) is a next generation 4G and 5G private network tailored to drive the digital transformation of business organization across industries. This high-performance, easy-to-use, and highly reliable cellular connectivity product addresses the industrial market, including indoor and outdoor facilities of all sizes. The EP5G solution consist of both software and services that were developed specifically for EP5G, and of existing Ericsson products. EP5G is an end-to-end tested, fully documented, and complemented by extensive training material. Main features include high capacity, high device density capacity, low latency, and powerful security protocols.
With support for both licensed and shared spectrum such as CBRS, EP5G Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 72 73
Describe your supported 911 features and the
planning, design, implementation and management
products, services and process steps required.
Describe your solutions, services, and qualifications,
for preventing, mitigating, and responding to private
wireless network intrusions and attacks.
is easy to scale and designed to integrate with public networks to meet future challenges. Long Term Evolution (L TE) and New Radio (NR) technology, also referred to 4G and 5G, are used for compatibility with industry standard devices.
EP5G offers:
• Simplification: Optimization and simplification of business operations with cloud-based network management.
• Reliability: Reliable connectivity with predictable network round-trip time and the ability to accommodate many devices communicating within small or large areas without dead spots. Has zero downtime upgrades and guarantees high performance through Service Level Agreements (SLA). • Device Density: Cellular wireless communication allows for high transmit power and supports higher device density capacity and more predictable performance than competing technology.
• Security: Secure 4G L TE and 5G Standalone (SA) connectivity. • Intrusion Protection: Highly resistant to intrusions and attaches, the EP5G solution ensures business critical operations meet the most stringent security requirements. Providing reliable and complete coverage throughout a site, indoor and outdoor. EP5G provides connectivity with low latency, high throughput, and high device density (connected devices per square meter). • Ease of Installation: Easily installed within hours, EP5G can be scaled to support larger coverage areas and more.
In summary, NCPN and EP5G offer the full spectrum of Private Network capabilities and can be right-sized for any opportunity or situation.
NetCloud Private Networks (NCPN):
• End-to-end private cellular network solution.
• Cloud-native operations for scalability and easy deployment. • Zero-trust access and single-pane-of-glass management. • Simplified process, security, and centralized management. • Key features include Wi-Fi-like experience, data cost management, guaranteed connection, and security.
Ericsson Private 5G (EP5G):
• Wireless network product for high-speed, secure 4G and 5G connectivity. • Tailored for industrial use with data security onsite. • Scalable deployment sizes: small, medium, large, extra-large. • Cloud-based network management and seamless evolution.
Offers high capacity, low latency, powerful security protocols, and ease of installation.
In addition, TD SYNNEX would like to submit our entire product catalog for inclusion in our response to this RFP. With over 2,500 IT manufacturers, the TD SYNNEX proposal offers a broad range of multi-vendor solutions that can be purchased in entirety using the Sourcewell contract without having to utilize multiple contracts to meet their technology needs. We will continue to leverage our proven network of order fulfillment partners to grow this program with incremental revenue currently utilizing other contract vehicles.
Our complete catalog of our tier one Original Equipment Manufacturers' (OEM) solutions, with authorized and proven reseller/integrator partners, and world-class program management compliments the overall Cradlepoint solution and brings a one contract approach to procurement for Sourcewell participating entities.
911 is not an offered feature at this time for Ericsson EP5G product. NCPN does not support 911, as this is a data only service. OTT voice does work, but not native dialer.
Radio Network Security: EP5G is fully compliant with standard 3GPP cellular security features, providing highly sophisticated security mechanisms for authentication, authorization, integrity, and confidentiality. EP5G ensures that radio-resource control signaling, and air interfaces are highly secure and immune to illegal intrusions.
Encryption keys are stored in the Home Subscriber Server Front End, Authentication Server Function, and Unified Data Management software components that run on the network controllers and the SIM cards of cellular devices. Encryption keys are used for authentication purposes between cellular devices and the EP5G site.
The radio resource control signaling between cellular devices and the Mobility Management Entity software component that runs on the network controllers is protected from external manipulation and the inspection using 128-bit AES and EEA 128 ciphers. The user plane and data plane between cellular devices and the baseband or basebands is encrypted using 128-bit AES.
Credential Management: Access to the Network Management Portal requires Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 a user password that follows strict password security policies. Repeated signin attempts with incorrect passwords result in user-account suspension.
Additional security using Multi-Factor Authentication (MFA) can be enforced on an organizational level. The MFA functionality uses the Time-based OneTime Password (TOTP) algorithm and supports apps using the RFC 6238 standards.
User-related data, such as user certificates and credentials, is encrypted, both while in storage and while in transit between system components.
EP5G implements Role-Based Access Control (RBAC) and Task Based Access Control (TBAC) to reduce the risk of potential attacks and increase security, allowing users to perform only activities approved for their user role.
The common Cellular User Database is stored on-stie only and does not contain information concerning human users that can be classified as private. For technical, troubleshooting or security purposes, basic information on cellular subscriptions, such as the International Mobile Subscriber Identity (IMSI) and International Mobile Equipment Identity (IMEI), can be transmitted through the encrypted connection to the cloud management.
Data stored in the cloud management tool is only stored for technical, troubleshooting, and security purposes and not stored on-stie, or used for any other purposes. The on-site equipment has no information about the users connected to it. The only type of data that is stored in the cloud management tool is admin and user data, such as first and last names, user names, and email addresses.
Data is not collected for bid data analytics or any type of marketing purposes and is not handed over to any external sub-processing companies for further processing.
Handling of SIM Card Authentication Data: For bulk-provisioned SIM cards provided by a SIM-card manufacturer, the secret Operator Code (OP) and Ki is encrypted, and transport keys are used to transfer them between agents. The transport key is exchanged between the enterprise and the SIMcard manufacturer only once, through encrypted communication. More than one transport key can be handled.
SIM-card authentication data is encrypted before it is stored within EP5G, and the decryption is handled automatically during SIM-card provisioning.
This means that changing the system OP has no impact on the authentication of SIM cards that were provisioned before the OP was changed.
A Partner can change the OP, for example if the OP was compromised, or for site-administrative purposes.
Identity Concealment: All sim cards are given a unique subscriber identity, IMSI/SUPI, used for identification between a device and a network. To enhance the privacy of the users, the IMSI/SUPI is replaced with temporary identifiers with a SIM card connects to a network. However, authentication with temporary identifiers is only possible after the first time a SIM card has registered with a network.
A Subscription Concealed Identifier (SUCI) can be used to encrypt the subscriber identity for 5G SIM cards, maintaining privacy when registering with a network for the first time (or if the temporary identifier has been corrupted or lost). When encrypting through SUCI, a key pair consisting of a public key and a private key are used for encryption and decryption. The public key must be written to the SIM card during the Sim-card production and is used by the device to encrypt its subscriber identity. The private key must be provisioned to the network and is used for decryption.
EP5G has implemented two different ways to provision a network key pair:
The key pair is generated by EP5G. The private key remains inside the EP5G network and stays safely stored on the network controllers. The public key is retrieved through the partner API and can be sent to the SIMcard manufacturer for production of the SIM cards.
The key pair is generated by the CSP. The private key must be transferred to the EP5G network through the partner API for safe storage on the network controllers. The public key remains with the CSP and can be sent to the SIM-card manufacturer for the production of SIM cards. 1) Note: the possibility to use 5G identity concealment with the EP5G SIM-card writer is not yet implemented.
Connection to Cloud Management: The connection to the cloud management Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 is secured with Transport Layer Security (TLS) using Advanced Encryption Standard (AES) 256 with authentication through a unique private key for each network controller. The validity and authenticity of the certificate is verified by the trusted Certification Authority (CA) of Ericsson, each time a communication session is established. The certificates have a finite validity and are refreshed periodically.
Perfect Forward Secrecy (PFS) is enabled to ensure proper protection against side-channel attacks like Heartbleed or other cyber-security attacks using similar infiltration methods. Connections are only established from the network controllers to the cloud management, providing full visibility and control over connections.
During the network controller setup, the following occurs:
1) The network controllers connect to a Demilitarized Zone (DMZ) server through a secure connection.
2) The DMZ server verifies the network controllers, ensuring that they are original EP5G equipment and that no tampering has occurred. 3) The latest EP5G software is pushed to and installed on the network controllers.
4) The network controllers are assigned to a site in the Network Management Portal (NMP). This process establishes a dedicated VPN tunnel between each network controller and the cloud management, and from this point on, all management traffic is sent through it. 5) All site-specific configurations and data are pushed to the network controllers.
6) Hardware and software components, such as the radio equipment and the core network functions, are configured and started.
EPG site belonging to the same organization are isolated from other sites on a network level within the cloud management to ensure secure tenant isolation and prevent data leakage.
Cloud API: The Cloud Application Programming Interface (API) enables the integration of customized cloud applications with EP5G. The Cloud API is centered around the monitoring of Key Performance Indicators (KPls), segments, and SIM card entries for cellular devices.
The Cloud API is based on the Representational State Transfer (REST) software architectural style and the JavaScript Object Notation (JSON) datainterchange format. Traffic is encrypted and transferred using Transport Layer Security (TLS) and Hypertext Transfer Protocol Secure (HTTPS).
Ericson does not provide a client Software Development Kit (SDK), but the Cloud API can be used with any HTTPS and JSON-enabled client software or library.
To authenticate calls to the API, the following access details are needed:
API key
Based URL
Organization ID
Site ID of the target system
Site Admins, Security Admins, and any support agents with access to a site can generate the required access details through the Network Management Portal (NMP). To view the full EP5G API specification, request access to the EP5G Portal from Ericsson Tier 2 support at [email protected].
Integration at the Customer Site: While the cellular air-interfaces and the control signaling of EP5G can be considered fully secure, the following connections are not secured by EP5G and require consideration:
The wired connections between a cellular gateway and connected devices
The wired connections between the network controllers and the enterprise LAN
The wired connection from the network controllers toward the cloud management
If there are concerns that the preceding wired connections impose a threat on the security baseline of the Operational Technology (OT), further consideration is required. For example, end-to-end security can be applied by using Transport Layer Security (TLS) together with certificate authentication.
Depending on the applied end-to-end security solution, deep packet inspection and stateful firewall policies might not work, and cellular gateways might need to add certain addresses, subnets, and ports to the routing or Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6804-DD17-483F-B1C1-00FD44D0E751 forwarding allowlists.
Note: It is recommended to have the EP5G equipment rack caged and securely locked in a location with limited staff access, featuring access control and audit capabilities.
Data Privacy: The cloud management infrastructure holding data is owned by Ericsson Private 5G, making Ericsson the sole data processor from an EU GDPR perspective.
Note: Ericsson is not the sole data controller. Customers and partners of Ericsson can create and manage their own Ericsson Private 5G users.
Payload Data: Payload data, such as the data transmitted among devices in the private cellular network, is never transmitted through the cloudmanagement connection. EP5G currently supports only 3GPP packet data communication services. Any end-customer implementation of voice services using Over-the-Top (OTT) applications is transparent to EP5G and treated as any other payload data.
Depp package inspection functions are not enabled. There is no inspection, storage or analysis of payload packets. There is physical and logical traffic separation between the cloud-management connection and the connections to the cellular radio network and enterprise LAN.
Cradlepoint's comprehensive approach to security across all seven layers of networking ensures robust protection against a wide range of cyber threats and vulnerabilities.
Continuous Monitoring
This involves persistent oversight across all network layers, ensuring that any anomalies or threats are detected promptly.
Regular Internal, External, and Database Vulnerability Scanning These scans are performed across all layers of the network to identify and mitigate potential vulnerabilities.
Semi-Annual Penetration Testing
This includes testing on both web applications and the network, assessing the resilience of all layers against intrusion attempts.
Zero-Trust Security Architecture
The architecture is built on zero-trust principles, meaning it does not automatically trust anything inside or outside its perimeter and instead verifies everything trying to connect to its systems before granting access.
Granular and Dynamic Policy Framework
The policies adapt based on the context of the connection, considering various factors like network, user, device, environment, application, and cellular attributes, across all network layers.
NetCloud Customer Data Segregation
NCM is a multi-tenant public-cloud Saas solution, ensuring scalability and data protection. This segregation is crucial for protecting sensitive data and maintaining its integrity.
Encryption and Restricted Access
Customer data in Cradlepoint's production environment is encrypted both at rest (AES256) and in transit (TLS 1.2). Additionally, customer and device tokens are used to programmatically restrict queries to appropriate customer data, further ensuring that only authorized personnel can access sensitive information.
The following features collectively ensure the security of data in motion, protecting it from interception, unauthorized access, and other potential security threats:
Controlled and Monitored Environment
Cradlepoint's production environment is strictly controlled and monitored. This level of control and monitoring ensures that data in transit is protected against unauthorized access and potential vulnerabilities.
Programmatic Restrictions
Customer and device tokens are used to programmatically restrict queries to appropriate customer data, enhancing the security of data transmission.
Firewalls and Intrusion Detection/Prevention
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 74 For each of the industries listed below (as
applicable), describe your understanding of the typical challenges, opportunities, use cases, and solutions for:
-Airports
-Cities/Governments (local and federal)
-Universities/Stadiums
-K-12
-Healthcare
-Ports/Warehouses
-Other
Cradlepoint implements an intrusion detection/protection system (IDS/IPS) throughout its product cloud infrastructure. This system likely includes firewalls and other mechanisms to detect and prevent unauthorized access and malicious activities.
Access Control
Access control is maintained through customer and device tokens, which programmatically restrict queries to the appropriate customer data. This level of control helps in preventing unauthorized access and ensures that data is accessed only by authorized personnel.
Disaster Recovery
Cradlepoint's cloud services are hosted within Amazon Web Services (AWS), which provides robust physical security, redundancy, and recovery capabilities. This includes features like externally audited data centers, continuous monitoring, multiple availability zones, and offsite backups. These measures contribute significantly to disaster recovery capabilities, ensuring that services can be maintained or quickly restored in the event of a disaster.
Cloud Security
ZTNA and Secure Access Service Edge (SASE) vet users and optimize data flow by inspecting traffic and applying policies based on one set of criteria. SASE - combining SD-WAN and network security capabilities into a single service model - includes Cloud Access Security Broker (CASB), Secure Web Gateway (SWG), and Firewall as a Service (FwaaS). ZTNA ensures trusted users and traffic connect to cloud-based and Saas resources with the same restrictions as within organizational zones Airports:
Challenges:
Turnaround Delays: Impacting on-time departure performance.
Operational Inefficiency: Driving up operational costs.
High-Cost MRO: Increasing demand for maintenance, repair, and overhaul labor.
Customer Experience: Need for more control and reduced waiting times.
Safety and Security: Enhanced measures, especially in the post-COVID19 context.
Environmental Protection: Focus on reducing CO2 emissions.
Example Use Cases:
Push to Talk - Voice, Video, Data: Improving communication efficiency.
Luggage Tracking: Enhancing tracking and management of luggage.
Aircraft Telematics Data Offload: Efficient data transfer for operational analysis.
Autonomous Baggage Dolly: Improving financial sustainability and environmental protection.
AGV-Baggage Handling: Streamlining baggage handling processes.
AR Wayfinding: Enhancing customer experience and reducing environmental impact.
Potable Water System Management: Optimizing water usage and management.
Elevator and Escalator Management: Efficient management of airport facilities.
Baggage System Management: Streamlining baggage handling and tracking.
Facial Biometric for Boarding: Enhancing security and customer experience.
Solutions: Robust wireless networks for wide coverage, real-time data processing.
Cities/Governments:
Challenges:
Ensuring universal high-speed connectivity
Bridging the digital divide
Enhancing public safety and emergency response
Supporting smart city and loT applications
Managing and analyzing large volumes of data for decision-making Example Use Cases:
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Smart traffic management and autonomous vehicles
Public safety applications, including real-time surveillance and emergency response
Environmental monitoring and sustainability initiatives Enhanced public services through loT (waste management, lighting) Remote education and healthcare services
Solutions: Integrated network solutions for seamless service delivery, enhanced communication systems.
Universities/Stadiums:
Challenges:
Traditional coverage solutions do not scale well
Adding capacity requires headend expansion
Remote unit and coax installation is expensive
Difficult to provide cost effective capacity densification where needed Example Use Cases:
Coverage and capacity for students, faculty, and staff
loT devices for asset tracking, environmental monitoring, and smart building management
Campus security and safety
Research and innovation at innovation labs
Mobile applications for accessing campus resources and services Smart parking, letting drivers know where cars can be parked ARNR labs for immersive educational experiences
Digital signage, allowing administrators to provide up-to-date information easily
Stadiums, ensuring a positive game experience for fans
Solutions: Scalable networks for high-density areas, advanced security features.
K-12:
Challenges:
Remote Learning Connectivity: Ensuring high-bandwidth and reliable internet for distance learning.
Digital Divide: Variance in household internet access affecting online learning.
IT Support Limitations: Managing network configurations and troubleshooting remotely.
Budget Constraints: Offering citywide Private L TE network affordably.
Example Use Cases:
CBRS Spectrum Utilization: Leveraging cost-effective cellular network control and reduced operational expenses.
Private L TE for Education: Deploying Cradlepoint's Private L TE routers to support remote learning.
Cloud-based Network Management: Utilizing NetCloud Service for security and configuration.
Solutions: Secure, reliable networks for educational content delivery, administrative efficiency.
Healthcare:
Challenges:
Data security
Uninterrupted connectivity.
Need for robust connectivity to overcome data silos
Potential of edge applications in medical diagnostics and research Reliable data transfer and comprehensive coverage within healthcare facilities.
Use Cases:
Telemedicine
Patient data management
Ambulance connectivity
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 75 Describe your PWN solutions regarding loT use
cases and associated deployment maturity (ex:
conceptual, lab, pilot in-progress, pilot complete,
permanent deployment in-progress, permanent
deployment fully commissioned, and project closed
out). Describe your experience with both simple and
complex loT deployments.
Medical equipment
Asset management
Patient kiosks
Solutions: Secure networks with high uptime, support for healthcare applications.
Ports/Warehouses:
Challenges:
Limited Yard Space: With increasing shipping volume and vessel size, optimizing yard and terminal operations is crucial.
Environmental Sustainability: Regulatory mandates require significant reduction in greenhouse gas emissions.
Digital Transformation (Ports 4.0): Need for automation and connectivity to enhance efficiency and safety.
Congestion and Gridlock: Yard congestion leads to inefficiencies and environmental impact.
Worker Safety: High risk of injury due to heavy cargo and dangerous equipment.
Use Cases:
Condition Monitoring: Real-time monitoring of equipment to detect potential faults.
Automated Guided Vehicles (AGVs): Reducing accidents and improving safety with AGVs. Drones for Surveillance and Deliveries: Enhancing port security and efficiency in deliveries.
Smart Cranes with Automation and Remote Control: Increasing loading speeds and efficiencies with automated cranes.
Solutions: Wide-area networks for real-time tracking, automated logistics.
Other Industries:
Tailored solutions based on specific industry needs, leveraging private network capabilities for enhanced efficiency and security.
Ericsson Private 5G accommodates a wide variety of use cases for both indoor and outdoor environments while integrating well with business operations, devices, and applications. As a result, companies can improve productivity, give their customers more value, and provide better working environments for employees. EP5G supports many use cases such as dynamic reconfiguration of manufacturing machines on factory floors.
Additional use cases include using untethered mobile robots and drones or autonomous cranes in ports. Providing local voice services for mission critical communication, connecting mines above and underground, and monitoring asset locations are also supported.
Ericsson has deployed multiple permanent, fully commissioned and commercially available Private 5G networks in the US, Canada and around the world.
Cradlepoint's NetCloud Private Network (NCPN) solution for loT use cases has been designed to provide robust, secure, and scalable connectivity for a wide range of loT applications. NCPN enables seamless integration of loT devices across various sectors, including manufacturing, healthcare, logistics, and smart cities. With advanced features like high bandwidth, low latency, and strong security protocols, NCPN ensures efficient data collection, realtime monitoring, and control of loT devices, facilitating improved operational efficiency and data-driven decision-making.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 76 Describe your solutions, services, and best practices for designing and deploying multiple geographically
separated sites, as one PWN network (ex: two
airports owned and operated by a city, extending
enterprise systems) and as separate networks.
Multi-Location Sites: Ericsson Private 5G (EP5G) includes functionality to support sites that are distributed over multiple locations.
NMP Locations: Within the NMP, it is possible to define multiple locations within a site. To distinguish these locations from the general concept of a location (a place), we refer to them, within the EP5G documentation, as NMP locations.
The two network controllers and one or two Router 6675 units (if the site includes routers) are always added to one NMP location, the "default" NMP location, which is created automatically as part of site creation. The installer can choose to create additional NMP locations within the site. Basebands can be added to the same NMP location as the network controllers and to other NMP locations.
Notes:
The connections between the network controllers and basebands can be direct links or be facilitated by one or two router 6675 unites. When facilitated by the router(s), the connections between the router(s0 and the basebands must be direct links.
Devices can move between the coverage areas associated with all NMP locations of a stie without having to replace SIM-cards.
Use Cases: The concept of multi-location sites can be used for two different, sometimes overlapping, purposes: To correspond with coverage areas
To correspond with the locations (places) where basebands are installed As an example of the first purpose, two basebands are installed in the same rack but they can each connect to radio equipment that provide coverage to two different areas on the enterprise premises. The basebands are then added to two different NMP locations, even though they are both installed in the same rack.
As an example of the second purpose, two basebands are installed in different buildings. The radio equipment that connects to each baseband together provide coverage for one large area. The two basebands are added to separate NMP locations that relate to where they are installed rather than having anything to do with coverage areas.
One use case that requires the arrangement in the second example is if the site only includes two baseband that connect directly to the network controllers without a router or routers. Because of two basebands are in different buildings and do not get GNSS synchronization from a router or routers, they each need separate GNSS synchronization. Within the NMP, delay compensation for GNSS synchronization is configured per NMP location. When using the GNSS Sync packages to provide GNSS synchronization to the basebands, the cables between GNSS antennas and receivers will have different lengths, so to configure GNSS delay compensation correctly, the basebands must be added to separate NMP locations.
Notes:
Radio Processor 6339 is delivered with the dedicated GNSS equipment, including GNSS antenna that is mounted on the baseband itself.
If both basebands are of type Radio Processor 6339, they can be added to the same NMP location if desired. This is possible because the cabling lengths are always the same which means that the required GNSS delay compensation will also be the same.
For sites with one or two router 6675 units, the GNSS receiver or receivers are connected to the router or routers that are included in the default location. All basebands receive synchronization form the router or routers and GNSS delay compensation is configured only for the default location.
NCPN supports SIM groups, and Radio Groups. Radio Groups (geographically separate sites or networks) can be associated to multiple SIM groups, so the devices can roam among multiple NCPN networks.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 77 Describe your products and services offered for: Ericsson Private 5G is fully compliant with standard 3GPP cellular features -Maintaining seamless and continuous and supports mobility, session continuity and seamless connectivity. connectivity of EUDs
-Traversing between PWNs of the same and Cradlepoint's SD-WAN solution, NetCloud Exchange (NCX) is uniquely different PWN manufacturer solutions positioned to ensure seamless and continuous connectivity fo EUDs across -Ownership by the same (ex: delivery trucks diverse environments including PWNs. Our products and services excel in driving between local, regional, national warehouses) the following key areas:
and different Enterprise (ex: aircraft interoperability between airport PWNs) Maintaining Seamless Connectivity of EUDs: Cradlepoint's SD-WAN is designed to provide uninterrupted connectivity for EUDs, ensuring a seamless user experience even in dynamic and challenging network conditions. Built from the ground up with a focus on cellular connectivity, NCX optimizes network paths, mitigates latency, and intelligently manages traffic to guarantee a reliable and consistent connection.
Traversing Between PWNs of Different Manufacturers: NCX SD-WAN is interoperable across Private Wireless Networks from various manufacturers.
NCX excels in seamlessly traversing between PWNs, whether they are from Ericsson, Cradlepoint or third-party manufacturers. This flexibility ensures compatibility and efficient data transfer, enabling organizations to deploy a heterogeneous network infrastructure without compromising connectivity.
Supporting Ownership by the Same and Different Enterprises: Cradlepoint's SD-WAN caters to diverse enterprise scenarios, including ownership by the same enterprise (e.g., delivery trucks moving between local, regional, and national warehouses) and different enterprises (e.g., aircraft interoperability between airport PWNs). Our solution offers robust security, intelligent traffic management, and seamless transitions between networks, facilitating efficient data communication and connectivity across a spectrum of ownership scenarios.
In summary, Cradlepoint's NetCloud Exchange (NCX) solution is the ideal choice for maintaining connectivity, traversing diverse PWNs, and supporting ownership scenarios within and between enterprises, making it a comprehensive and reliable solution for private cellular networks 78 Describe how your solutions and offerings will support Load sharing between different technologies is dependent upon the end user future load-sharing of wireless communications devices for the technology they have a preference to connect for between WiFi, Distributed Antenna Systems (DAS), communication. If customer has different access technologies and common CBRS, and other communications technologies. application/enterprise applications server. Enterprise user can talk to applications with different technologies as far as they have common Enterprise application servers.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 79 Describe how your PWN can operate and be
managed as a converged, unified, and integrated
extension of other enterprise telecommunications
networks and infrastructure solutions (cabled and
wireless).
80 Describe your ability to integrate with distributed
antenna systems.
Enterprise-LAN Connection: EP5G requires a connection to a wired network on the premises, referred to in this document as the enterprise LAN. The logical interface on the network controllers used to connect to the enterprise LAN is Ext-O. The enterprise LAN is used to facilitate traffic using the Virtual Router Redundancy Protocol (VRRP), required by the segment-toVLAN mapping functionality, including traffic between the network controllers.
Therefore, the networking equipment in the enterprise LAN must provide bridging between the two network controllers.
The connection to the enterprise LAN must use static IP address assignment. DHCP is not supported.
EP5G functions as a router between the cellular network and the enterprise LAN, so the following IP-address ranges must be considered:
• IP-address ranges used on the enterprise LAN
• IP-address ranges used internally by the EP5G system
• IP-address ranges assigned to segments in the Network Management Portal
and used to assign IP addresses to the SIM cards of cellular devices.
Careful planning is required to avoid IP-address conflicts. For more information, see document Network Preparations.
Segments and VLANs: EP5G uses network segments for traffic separation and for managing quality of service. For more information about IP addresses and segments, see About Segments and IP Address Ranges on page 30. For more information about managing quality of service, see Quality of Service on page 32. See file TD SYNNEX Response - Additional Document.pdf page 187.
During installation of EP5G, default network segment is created. As part of the installation, the installer is asked to input the IP address for a DNS server on the enterprise LAN. Once installation is complete and the site is active, IP addresses for DNS servers on the enterprise LAN are configured on a segment level. The DNS server IP address set during installation can be changed through editing the default segment. The enterprise LAN DNS server for each segment must be reachable through the VLAN that each segment is mapped to. Enterprise IT and industrial OT networks typically use VLANs. EP5G includes support for VLANs by mapping network segments to VLANs, enabling end-to-end traffic isolation across the cellular network and the enterprise LAN.
VLANs can be added, edited, and removed from the Network Management Portal. The mapping works so that:
• A network segment on the cellular radio network can be mapped to one VLAN on the enterprise LAN, tagging the network segment's traffic with a configurable VLAN ID.
• Multiple network segments can be mapped to the same VLAN.
Note: In the initial state after a site has been set up, all traffic will be untagged by default. Tagged traffic will not work until the customer configures the VLAN Support feature with at least one tagged VLAN.
The segment to VLAN mapping has the following requirements and limitations:
• For each additional VLAN created by the customer, three additional IP addresses, unused on the enterprise LAN are need - two for the network controllers and one for the VLAN itself.
The segment to VLAN features uses Virtual Router Identifiers (VRID). One VRID unused on the enterprise LAN is needed for each VLAN.
The EP5G domain proxy includes support for Passive DAS (Passive Distributed Antenna System). Passive DAS is a clustered installation of antennas to extend cellular network coverage in areas without adding additional radios. Multiple passive antennas are connected to the radio through one or more splitters to the cover a larger area.
NCPN is based on CBRS which operates as an alternative to distributed antenna systems (DAS) and Wi-Fi.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 81 Describe your PWN solutions regarding loT use Developed and optimized for use cases, Ericsson Private 5G cases and associated deployment maturity (ex: accommodates a wide variety of use cases for both indoor and outdoor conceptual, lab, pilot in-progress, pilot complete, environments while integrating well with business operations, devices, and permanent deployment in-progress, permanent applications. As a result, companies can improve productivity, give their deployment fully commissioned, and project closed customers more value, and provide better working environments for out). employees. EP5G supports many use cases such as dynamic reconfiguration of manufacturing machines on factory floors. Additional use cases include using untethered mobile robots and drones or autonomous cranes in ports. Providing local voice services for mission critical communication, connecting mines above and underground, and monitoring asset locations are also supported.
Ericsson has deployed multiple, permanent, fully commissioned and commercially available Private 5G networks in the US, Canada and around the world.
With NCPN, the unmatched capacity of 5G means more devices can be connected to the network at once - in some cases, as many as 1 million devices per square kilometer (0.386 square miles). Many of these devices require large amounts of bandwidth to perform their designated functions. This includes applications for robust smart cities, Al-enabled image recognition, immersive and interactive kiosks, real-time digital signage, and more.
82 Describe your approach, process, and timeline for Fully tested updates/upgrade to the Ericsson Private 5G systems are testing and implementing software updates to the included as part of the subscription service. These are made available thru PWN. the Network Management Portal (NMP). When a new software update becomes available, the Site Admin is asked to schedule a time for the update to happen to avoid any disruptions to customer operations.
Updates to the network controller software are always performed consecutively. Management capabilities are temporarily disabled, and one network controller is taken out of service. There is a brief service disruption for traffic that was handled by the out-of-service network controller as the baseband reallocates the traffic to the other network controller.
NetCloud OS (NCOS) has a monthly release schedule with each release possibly including new features, UI & usability changes, defect fixes, or security fixes. Any changes included in each release are documented in the monthly release notes and the PDF downloads are provided on the Cradlepoint Connect website. Release notes are available for 24 months. 83 List and describe your various core solution options EP5G includes core services platform on premises that offers resiliency with offered (ex: on-premises, cloud, hybrid, distributed, redundant network controllers, which means there are two network controllers core services platform) and key differentiators. For with two dual-mode core instances always deployed in active-active mode. If each solution, describe the your experience deploying one network controller fails, devices reconnect to the other network controller. and managing the solution. Device IP addresses are preserved to enable service continuity.
The EP5G solution supports Mixed Mode deployment meaning it can support 4G and 5G RAN operations in parallel.
84 Describe your solutions for connecting end user The EP5G solution supports L TE,NR and Mixed Mode deployment meaning devices that do not natively support PWNs. Note it can support 4G and 5G RAN operations in parallel. The end user devices which of your solutions apply to 4G, 5G, and 4G/5G that do not natively connect to PWN's can be connected to a 4G or 5G combined networks. gateway, router, or modem (e.g., Cradlepoint R1900) which can then connect to the PWN. EP5G supports routing behind mobile station feature. Routing behind Mobile Station (MS) allows enterprises to connect several devices behind a 4G or 5G gateway, router, or modem. 4G or 5G routers supporting this feature can assign different subnets for devices behind them. These subnets are also mapped in EP5G and are made reachable from the enterprise LAN.
85 Describe your mobile edge computing (a.k.a. multi- Multi-Access Edge Computing moves the computing of traffic and services access edge computing) (MEC) PWN solutions and from a centralized cloud to edge of the network. These servers can be their key differentiators. For each, describe your connected directly to the Enterprise network through a router and Enterprise experience deploying and managing the solution, as network users can get data to/from those MEC applications through the well as associated use cases. private network.
Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types of equipment, products, and services are offered within your proposal. Provide an additional explanation in the text box provided, as necessary.
Line
Item Category or Type Offered * Comments
*
*
*
*
*
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 86 Assessment and strategy r. Yes With the increase in network management needs, customers r No are looking to partners for support, from providing a differentiated offering to managing an enterprise customer networking infrastructure. TD SYNNEX' reseller partners sell Cradlepoint solutions as well as additional services such as design, integration, and implementation.
TD SYNNEX' Authorized Partners will be the main points of contact for any customer's specific use case. These
Partners are specialists in the NCPN solution through
training, lab installations and testing, and Cradlepoint's verification of the Partner's on-site lab.
These Partners are experts in assessing the customers'
needs and working up the strategy for implementation of the NCPN solution from concept to installation and verification. 87 Network design, migration, and deployment, r. Yes TD SYNNEX' Cradlepoint-Authorized Partners are trained including network configuration and Spectrum r No and equipped to design, migrate and deploy the NCPN Access System (SAS) registration solution. A subscription to a SAS Server is included with a NCPN license and will be set up as part of the NCPN
deployment.
88 Acquisition and installation of needed r. Yes Cradlepoint products are sold through and installed by a equipment to support the private wireless r No network of trained, certified, and trusted Partners. NCPN network specialization requires Partners to: . complete technical and sales training . be CBRS certified installer (required by FCC); . complete NCPN Solution Engineer training; . create a lab environment at partner facility and validated by Cradlepoint; . document project management process for PCN deployments;
. maintain competency in RF planning & design platforms; . maintain competency in Private cellular or Enterprise WiFi; . maintain technical proficiency in packet core architecture; . maintain a strong understanding of routing and switching fundamentals; . offer professional installation services including structured cabling & low voltage; and . be licensed and bonded in the state(s) of operation and conform to national electric standards and codes.
89 Ongoing operations, maintenance, planning, r. Yes An active, continuous, and fully paid-up NetCloud expansion, and upgrading of the private r No subscription includes access to Cradlepoint support for wireless network and related components operations, maintenance, and warranty support.
NetCloud Private Networks are built to scale with your
business, helping you solve real-world business challenges and offer the flexibility to embrace new ways of doing
business. NCPN expansions and upgrades.
90 Related network component solutions, such as r. Yes The full Cradlepoint catalog offers the full suite of network private wireless network (PWN) cores, SIMs, r No components to build an end-to-end private cellular network. radio access networks (RANs), gateways, end In addition to the products listed, the Cradlepoint offering user devices (EUDs), network management includes a robust single-pane-of-glass network management tools, and products tool, SASE security, continuous training and support.
Training, warranty and support are included with a NetCloud subscription at no additional cost.
NetCloud Private Networks (NCPN) utilizes a unified cloud management and orchestration experience that delivers SDWAN, enterprise-class security, cellular intelligence, and advanced analytics at the edge through full interoperability with NetCloud Manager (NCM) - all managed through a
single pane of glass. NCM intelligently integrates the CBRS Spectrum Access System (SAS) to manage and prevent
interference. To optimize network coverage and QoS, RF
planning tools are included as part of NCM.
Mobility Gateway
Built around a converged 4G cellular core, NCPN has the flexibility to be deployed on the enterprise premises, thus enabling enterprises to maintain their data locally while still benefitting from the power of cloud-based configuration and Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 policy management. With this inherent flexibility, the NCPN Mobility Gateway enables secure access to enterprise data services from authenticated cellular endpoints.
Cellular Access Points
The NCPN solution includes plug-and-play Cellular Access Points (CAPs) that support the 4G L TE CBRS spectrum
band 48. Sometimes referred to as small cells, these CAPs form the private Radio Access Network (RAN) that cellular endpoints and clients connect to and are authenticated
through the Mobility Gateway. CAPs rated for indoor
locations (A2400) and outdoor environments (A2405) work together to create contiguous private network connectivity across the entire enterprise location.
NetCloud Private SIM-Enabled Routers and Endpoints
Subscriber Identity Module (SIM) cards are critically required by every cellular network to authenticate edge devices such as cellular routers/adapters and cellular clients such as cell phones, tablets, and barcode scanners. In fact, any device that incorporates a Cradlepoint Private SIM card or Private eSIM can gain controlled access to NCPN - including thirdparty endpoints and routers. However, to realize the benefits of a fully converged and centrally managed system,
Cradlepoint CBRS routers and adapters are the preferred endpoint solution for connections to the LAN or SIM-less edge devices.
WAN Edge Router
The WAN Edge Router connects the on-premises equipment, including the Mobility Gateway and Cellular Access Points (CAPs), to the Internet and remote data centers. Depending on the deployed NCPN architecture, the WAN Edge Router
may also connect remote CAPs at a site to a centralized Mobility Gateway in a datacenter. For the best end-to-end management, policy orchestration, and user experience, this WAN Edge Router may be a Cradlepoint device, but thirdparty devices are also compatible with NCPN and may be a better fit for some network architectures.
Private Network Endpoints
Cradlepoint routers and adapters are fully compatible with NetCloud Private Networks and Ericsson Private 5G and
feature end-to-end cloud management, orchestration, and security solutions. Choose your endpoint with specialized product attributes including PoE, Wi-Fi 6, container
orchestration, hazardous location ruggedization, gigabit Ethernet, and many more.
Cradlepoint Authorized Resellers are experts in
understanding a customer's needs and will work proactively with the customer to ensure related network component
solutions are included in the full NCPN product.
Table 14C: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types of equipment, products, and services are offered within your proposal. Provide an additional explanation in the text box provided, as necessary.
Line Category Product/Service Offered Explain * Item
91 System Features and r. Yes See below.
Capabilities: r No
92 Multi-tenant support (network r. Yes Yes.
segmentation/slicing) r No Enterprise-LAN Connection: EP5G requires a connection to a wired network on the premises,
referred to in this document as the enterprise LAN.
The logical interface on the network controllers used
to connect to the enterprise LAN is EXT-0.
The enterprise LAN is used to facilitate traffic using
the Virtual Router Redundancy Protocol (VRRP),
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 required by the segment-to-VLAN mapping
functionality, including traffic between the network
controllers. Therefore, the networking equipment in the enterprise LAN must provide bridging between the
two network controllers.
The connection to the enterprise LAN must use static
IP address assignment. DHCP is not supported.
EP5G functions as a router between the cellular
network and the enterprise LAN, so the following IPaddress ranges must be considered:
IP-address ranges used on the enterprise LAN
IP-address ranges used internally by the EP5G
system
IP-address ranges assigned to segments in the
Network Management Portal and used to assign IP
addresses to the SIM cards of cellular devices.
Careful planning is required to avoid IP address
conflicts.
Segments and VLANs: EP5G uses network segments
for traffic separation and for managing quality of
service. For more information about IP addresses
and segments, see About Segments and IP Address
Ranges on page 30 (See file TD SYNNEX
Response - Additional Document.pdf page 222) .
For more information about managing quality of
service, see Quality of Service on page 32 (See file
TD SYNNEX Response - Additional Document.pdf
page 224).
During installation of EP5G, default network segment
is created. As part of the installation, the installer is asked to input the IP address for a DNS server on
the enterprise LAN. Once installation is complete and
the site is active, IP addresses for DNS servers on
the enterprise LAN are configured on a segment
level. The DNS server IP address set during
installation can be changed through editing the default segment. The enterprise LAN DNS server for each
segment must be reachable through the VLAN that
each segment is mapped to. Enterprise IT and
industrial OT networks typically use VLANs. EP5G
includes support for VLANs by mapping network
segments to VLANs, enabling end-to-end traffic
isolation across the cellular network and the
enterprise LAN.
VLANs can be added, edited, and removed from the
Network Management Portal. The mapping works so
that:
A network segment on the cellular radio network
can be mapped to one VLAN on the enterprise LAN,
tagging the network segment's traffic with a
configurable VLAN ID.
Multiple network segments can be mapped to
the same VLAN.
Note: In the initial state after a site has been
set up, all traffic will be untagged by default. Tagged traffic will not work until the customer configures the VLAN Support feature with at least one tagged VLAN.
The segment to VLAN mapping has the following
requirements and limitations:
For each additional VLAN created by the
customer, three additional IP addresses, unused on
the enterprise LAN are need - two for the network
controllers and one for the VLAN itself.
The segment to VLAN features uses Virtual
Router Identifiers (VRID). One VRID unused on the
enterprise LAN is needed for each VLAN.
NCPN allows network slicing by SIM Group. For
example, an enterprise could deploy a private L TE
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 network in a factory to assign different QoS levels to
assets including security cameras, sensors, automated
guided vehicles (AGVs), employee tables, and more.
With SIM-based slicing, the enterprise can place
subsets of devices on individual slices to achieve
specific performance and traffic management goals.
Enterprises can leverage traffic handling capabilities
by prioritizing SIMs on a private cellular network.
Businesses can achieve desired QoS with the added
benefit of having more control over the traffic on their network.
Enable SIM based slicing by following these simple
steps: . Grouping: Assign SIMs (devices) to logical
groups that will have the same QoS SLAs. . Access: Decide which networks and subnets a slice can access. . Performance: Assign QoS Class Identifiers (QCI) and throughput rate limits based on desired service
levels. . Integration: Assign a DSCP value to define how the slice traffic will be prioritized on the wired LAN.
NCPN SIMs can be associated with multiple NCPN
networks to allow for private-to-private NCPN roaming.
93 Roaming from: r. Yes Ericsson Private 5G supports the configuration of an Private-to-public networks r No external PLMN to allow externally created SIMs (that Public-to-private networks are based on the external PLMN) to connect to the Private-to-private networks private 5G network. The external SIMs must have the Private PLMN configured as an Equivalent Home
PLMN (EHPLMN), and the IMSI and keys of the SIM
must be provisioned using the bulk provisioning API.
If the IMSI and keys are also provisioned in another
(typically private) network, a device using the SIM will be able to connect to both networks. The condition
(such as network coverage loss) at which the device
will switch between the network is subject to device
behavior.
Private-to-Private is a feature of NCPN, as a SIM
can be associated to multiple NCPN networks.
Private-to-public and public-to-private are not currently supported.
94 Performance monitoring r. Yes EP5G provides Service Level Agreement (SLA) r No monitoring and Key Performance Indicated (KPI)
tools. The performance of a site will be verified at
installation and handover. The Watchdog app,
available for Android-based devices and as headless
software running on a custom industrial gateway,
referred to as the industrial Watchdog device, allows
constant monitoring and verification of the system
network performance. The performance monitoring is
displayed on the screen of Android-based devices
and in the Network Management Portal.
EP5G has different monitoring options. The NMP
enables users to perform the following actions: . React on alarms and events . Monitor system security status through the NMP Security Dashboard . Identify equipment status presented on the NMP Dashboard
. Identify parts of the network that are disabled or
malfunctioning
. Solve basic network malfunctions . View spectrum usage NetCloud Manager (NCM) offers a variety of
dashboards where you can monitor the components
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 of your NetCloud Private Network (NCPN).
Private Cellular Dashboard: From the Dashboard
page you can monitor traffic usage and clients of
your NCPN. The page display the following tiles:
Traffic Usage
Connected Clients
Traffic Usage by SIM Group
Connected Clients by SIM Group
Mobility Gateway Dashboard: The Home tab
displays cards about each interface (Management,
PDN, SECGW, and WAN) of a Mobility Gateway.
Information about each interface includes the following:
Name: Interface Name
Status; Current Status of the interface
IPv4 Address: IP Address used by the Cellular
APs
Uptime: Uptime of the individual interface, which
indicates the stability of interface.
Mobility Gateway Data Usage: From the Data
Usage tab, you can view details about traffic usage
and connected clients:
Traffic Usage - the line graph shows upload,
download, and total traffic for gateway during a
specified time period. Click "total", "upload",
or "download" to display or hide each data line.
Connected Clients - The line graph shows the
total number of unique clients and the number of
client connections during a specified time period.
Mobility Gateway Health Data: From the Health
tab, you can view details about the health of a
Mobility Gateway at several levels: UE, Control Plane,
and Platform. This is useful for monitoring the overall health of the Mobility Gateway, identifying trends in
performance, and helping to troubleshoot issues.
UE: The UE tab shows UE attach and
authentication failures during a specified time period.
UE Attach Failure Rate: Shows the total
number of attach requests and the percentage of
attach failures for the specified time frame. Data
available includes the number of requests, successes,
and failures.
UE Authentication Failure Rate: This tile shows
the total number of authentication requests and the
percentage of authentication failures for a specified
time frame. Data available includes the number of
requests, successes, and failures.
Control Plan: The Control Plan tab shows the
failure rate for S1 setup.
S1 Setup Failure Rate: Shows the total number
of S1 setup requests and the percentage of failures
for a specified time frame. Data available includes
the number of requests and failures.
Platform Health: The platform tab shows data
usage of the Mobility Gateway.
Control Plan CPU (Avg): Shows the percentage
of CPU usage for the Mobility Gateway as well as
the trend of the CPU usage during a specified time
period. If there are multiple CPUs in use for a
Mobility Gateway, the tile shows the average for all
CPUs.
System Memory (Avg): Shows the percentage
of memory usage for the Mobility Gateway as well as
the trend of the memory usage during a specified
time period.
Cellular AP Dashboard: Data for each Cellular
AP is available. Click on the CAP name to view:
Summary Tab includes:
Ethernet Status - current state and link speed
as well as the MAC And IP address details.
Cellular Radio Status - current state of the
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 cellular radio and details about the PCN network
name, number of active clients and total traffic.
Mobility Gateway Connectivity - status of the
IPsec tunnel and S1 interface and IP address for the
Mobility Gateway.
CBRS Spectrum Status - status and details
about the CBRS Spectrum, including the Tx Power,
Channel and Spectrum range.
License Tab shows the current license, expiration
date and days remaining on the license.
Details tab shows the following information about
the chosen Cellular AP
Name - Name of the Cellular AP
Admin State - Current state of the Cellular AP
(Enabled/Disabled)
Model No.
Serial No.
MAC Address
CBRS Category - configured by the Certified
Professional Installer (CPI)
Synchronization - time sync method used by
the CAP (Free running, PTP, or GPS/GNSS)
Tx Power - granted transmit (Tx) power
Bandwidth - channel bandwidth configured for
the CAP
Latitude & Longitude - location of CAP,
configured by the CPI
Height - Distance of the CAP above
ground or sea level, configured by the CPI
Azimuth - Horizontal angel of CAP as
measured clockwise from the north, configured by the
CPI
Downtilt - downtilt of the CAP, configured by
the CPI
Cellular AP Data Usage: The Traffic Usage
graph shows upload download, and total traffic for the
Cellular AP during a specified time period. The
graph can show usage over time and can help when
planning or troubleshooting issues. Click Total,
Upload, or Download to display or hide each data
line.
Cellular AP Health Data: From the Health Tab
you can view details about the health of a Cellular
AP including UE and SAS data. This is useful in
monitoring the overall health of a Cellular AP,
including trends in performance, and helping to
troubleshoot issues. Set a time period for the health
data using drop-down calendar menu.
UE
Handover Failure Rate - shows the total
number of handover requests and percentage of
failures for the specified timeframe for the CAP.
CBRS SAS
SAS Registration Failure Rate - shows the
total number of SAS registration requests and the
percentage of failures for the specified time frame for the CAP.
SAS Grant Request Failure Rate: Shows the
total number of SAS grant requests and the
percentage of failures for the specified time frame for the Cellular AP.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 95 Multi-network roaming r. Yes Ericsson Private 5G supports the configuration of an r No external PLMN to allow externally created SIMs (that are based on the external PLMN) to connect to the
private 5G network. The external SIMs must have the
Private PLMN configured as an Equivalent Home
PLMN (EHPLMN), and the IMSI and keys of the SIM
must be provisioned using the bulk provisioning API.
If the IMSI and keys are also provisioned in another
(typically private) network, a device using the SIM will be able to connect to both networks. The condition
(such as network coverage loss) at which the device
will switch between the network is subject to device
behavior.
NCPN SIMs can be associated to multiple NCPN
networks to allow for private-to-private network
roaming.
96 Radio site capacity r. Yes EP5G provides the ability to expand the radior No network of already installed and running sites, giving enterprises the ability to integrate new basebands in
the main location or in remote locations without
requiring a reinstallation, thereby minimizing downtime.
EP5G provides maximum capacity with the Radio by
defining up to 5 x 20Mhz cells per radio for L TE only
configuration and 2 x 40Mhz cells per radio for NR
only configuration. The ability to have multiple cells
per radio enhances network capacity, performances
and throughput by using Carrier aggregation provided
the device supports it.
97 Bandwidth and throughput r. Yes User throughput varies depending on radio conditions, r No device capabilities and network load.
Example:
Below are some throughput details for a single
40MHz channel:
Configuration: TDD Pattern: DDDSUUDDDD.
SSF (6:4:4).
Device assumptions: 4x4 MIMO on downlink and 2x2
MIMO on uplink.
Peak throughputs for a 40 MHz channel : UL 80
Mbps, DL 603.6 Mbps (Peak Throughput) theoretical
values.
UL 55 - 60 Mbps, DL 350 Mbps (Measured
Throughput) - for excellent SINR conditions.
98 Mode (4G only, 4G to 5G r. Yes The EP5G solution leverages a dual mode core that Upgrade, 4/5G mixed mode, 5G r No supports 4G and 5G RAN operations in parallel. only) Ericsson Radio System supports 4G and 5G in
mixed mode fashion.
The NCPN core supports 4G, 4G to 5G upgrade,
4/5G mixed mode, and 5G only. Currently, radios only
support 4G with 5G only radios on the product
roadmap.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 99 Quality of Service (QoS) r. Yes Ericsson Private 5G uses network segments for traffic r No separation and for managing quality of service. These are network segments within a site, which on the
cellular side are also known as Access Point Names
(APNs) in 4G networks and Data Network Names
(DNNs) in 5G networks. A DNN or APN corresponds
to a subnet. These will interface to different VLANs
for integration with enterprise network.
A device can be assigned to belong to a segment
at the provisioning time. Device category
segmentation can be accomplished by assigning all
the devices of a certain type to a segment (APN).
QoS settings on your NetCloud Private SIM can be
set in NetCloud Manager. These SIMs can be used
in Cradlepoint or 3rd party routers/adapters.
Enterprises can leverage traffic handling capabilities
by prioritizing SIMs on a private cellular network.
Businesses can achieve desired QoS with the added
benefit of having more control over the traffic on their network.
Enable SIM based slicing by following these simple
steps: . Grouping: Assign SIMs (devices) to logical
groups that will have the same QoS SLAs. . Access: Decide which networks and subnets a slice can access. . Performance: Assign QoS Class Identifiers (QCI) and throughput rate limits based on desired service
levels.
. Integration: Assign a DSCP value to define how
the slice traffic will be prioritized on the wired LAN. 100 Network Slicing r. Yes Ericsson Private 5G uses network segments for traffic r No separation and for managing quality of service. These are network segments within a site, which on the
cellular side are also known as Access Point Names
(APNs) in 4G networks and Data Network Names
(DNNs) in 5G networks. A DNN or APN corresponds
to a subnet. These will interface to different VLANs
for integration with enterprise network.
A device can be assigned to belong to a segment
at the provisioning time. Device category
segmentation can be accomplished by assigning all
the devices of a certain type to a segment (APN).
101 Network Components: r. Yes See below.
r No
102 High Availability r. Yes EP5G solution includes Network Controllers. The r No network controllers are compact, lifecycle-managed networking appliances that are implemented as a pair
of redundant servers, enabling high-availability and
zero downtime maintenance capabilities.
If there is a failure in the software or hardware of
one network controller, a brief disruption to the traffic that was handled by the failed network controller, not
lasting more than a few seconds, will follow as the
baseband reallocates traffic to the other one.
The software that runs on the network controllers is a
cornerstone of Ericsson Private 5G.
High Availability (HA) is available through redundant
Mobility Gateways which provide network resiliency in
case on experiences an outage. The type of HA
available is Warm Standby. HA pairs must be onpremises.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 103 Indoor RAN r. Yes Ericsson Private 5G leverages best in class Ericsson r No Radios portfolio and can use Indoor, Outdoor, Micro RAN Ericsson Radio Products
The plug-and-play Cellular Access Points (CAPs),
deployed as part of the NCPN solution, support the
4G L TE CBRS spectrum band 48. Sometimes
referred to as small cells, these CAPs form the
private Radio Access Network (RAN) that cellular
endpoints and clients connect to and are
authenticated through the Mobility Gateway. CAPs
rated for indoor locations (A2400) and outdoor
environments (A2405) work together to create
contiguous private network connectivity across the
entire enterprise location.
104 Outdoor RAN r. Yes Ericsson Private 5G leverages best in class Ericsson r No Radios portfolio and can use Indoor, Outdoor, Micro RAN Ericsson Radio Products
The plug-and-play Cellular Access Points (CAPs),
deployed as part of the NCPN solution, support the
4G L TE CBRS spectrum band 48. Sometimes
referred to as small cells, these CAPs form the
private Radio Access Network (RAN) that cellular
endpoints and clients connect to and are
authenticated through the Mobility Gateway. CAPs
rated for indoor locations (A2400) and outdoor
environments (A2405) work together to create
contiguous private network connectivity across the
entire enterprise location.
105 Open/proprietary RAN r. Yes EP5G is a fully pre-packaged L TE and 5G (NR) r No system in a box with all the components internetwork with each other.
NCPN is proprietary RAN.
106 Open/proprietary Core r. Yes EP5G is a fully pre-packaged L TE and 5G (NR) r No system in a box with all the components internetwork with each other.
NCPN is Proprietary Core.
107 SIMs r. Yes With the introduction of the ability to write 5G SIM r No cards locally with the included SIM-card writer, new 5G-specific services and the enhanced security
implicitly connected to these services will be available for all SIM cards used with EP5G.
This includes support for 5G identity concealment and
storage of sensitive parameters inside the data
structure of the SIM cards instead of being stored
inside cellular devices.
Note: 5G identity concealment will ensure that SUCI
encryption is done on the SIM cars. This offers
enhanced security and higher compatibility with 5G
cellular devices than the alternative of performing
SUCI encryption on the cellular devices.
NetCloud Private SIMs inside Cradlepoint endpoints
or 3rd party cellular clients are required.
108 End User Devices r. Yes Cradlepoint has several private cellular end user r No devices (UEs) in the portfolio.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 109 Gateways r. Yes Cradlepoint NetCloud Private Networks (NCPN) r No Mobility Gateway (NCPN Mobility Gateway) is
deployed as a Virtual Machine (VM) and acts as the
heart of NCPN, facilitating connections between
remote sites and resources and enforcing routing and
policy decisions.
NCPN Mobility Gateway provides the foundation for
NCPN. As the customer-hosted mechanism for
NCPN, the NCPN Mobility Gateway works in
conjunction with NetCloud Manager, Cellular Access
Points, SIMs, routers, and the Spectrum Access
Service to provide private cellular communications.
Delivered in virtual form factor, for deployment on
premises, the NCPN Mobility Gateway is easily
provisioned using Cradlepoint NetCloud and managed
like other Cradlepoint solutions.
Currently the following Mobility Gateway VM are
supported: . VMware ESXi . KVM . AWS
110 Design and Installation r. Yes See below.
Services: r No
111 RF Design r. Yes RF Design will be completed by one of our NCPN r No certified Reseller Partners with support of the
Cradlepoint Team.
112 System Design r. Yes System Design will be completed by one of our r No NCPN certified Reseller Partners with support of the Cradlepoint Team.
113 Radio Installation r. Yes Radio Installation will be completed by one of our r No NCPN certified Reseller Partners with support of the Cradlepoint Team.
114 Core Installation r. Yes Core Installation will be completed by one of our r No NCPN certified Reseller Partners with support of the Cradlepoint Team.
115 System integration and testing r. Yes TD SYNNEX offers system integration and testing. r No
116 Application integration support r. Yes TD SYNNEX has the capability through our Pre-sales r No team to design application integration support.
ServiceSolv field services teams are able to provide
full installation services.
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 117 Network slicing r. Yes EP5G uses network segments for traffic separation r No and for managing quality of service. These are
network segments within a site, which on the cellular
side are also known as Access Point Names (APNs)
in 4G networks and Data Network Names (DNNs) in
5G networks. A DNN or APN corresponds to a
subnet. These will interface to different VLANs for
integration with enterprise network.
A device can be assigned to belong to a segment
at the provisioning time. Device category
segmentation can be accomplished by assigning all
the devices of a certain type to a segment (APN).
NCPN allows network slicing by SIM Group. For
example, an enterprise could deploy a private L TE
network in a factory to assign different QoS levels to
assets including security cameras, sensors, automated
guided vehicles (AGVs), employee tables, and more.
With SIM-based slicing, the enterprise can place
subsets of devices on individual slices to achieve
specific performance and traffic management goals.
Enterprises can leverage traffic handling capabilities
by prioritizing SIMs on a private cellular network.
Businesses can achieve desired QoS with the added
benefit of having more control over the traffic on their network.
Enable SIM based slicing by following these simple
steps: . Grouping: Assign SIMs (devices) to logical
groups that will have the same QoS SLAs. . Access: Decide which networks and subnets a slice can access. . Performance: Assign QoS Class Identifiers (QCI) and throughput rate limits based on desired service
levels.
. Integration: Assign a DSCP value to define how
the slice traffic will be prioritized on the wired LAN. 118 Operations, Maintenance and r. Yes The EP5G solution includes full LCM services in our Administrative Services: r No subscription package to upgrade the SW with each new release, typically twice a year. In the event that
HW components reach end of life, Ericsson will
provide a compatible replacement in accordance with
the roadmap of the solution along with associated
commercial terms.
119 Spectrum Access System r. Yes The EP5G CBRS domain proxy for 4G and 5G:
r No . If FCC Part 96 certified . Provides one secure point in the enterprise network for interfacing with the SAS . Has one set of security certificates for Transport Layer Security (TLS) . Is deployed on both network controllers in an active-active configuration, ensuring that in case of a node crash, the surviving node retains the
configurations and GRANTs to continue transmission . Combines GAA and PAL spectrum efficiently to maximize spectrum availability for radios . Supports Radio 4408 with external antennas in both indoor and outdoor settings, including passive
DAS-type deployments . Can assign spectrum to 4G and 5G cells within a radio simultaneously without requiring additional
deployments, saving cost to enterprises . Responds to SAS messages for power reconfiguration and makes necessary configuration
changes and reapplies for GRANT automatically
A subscription to a SAS Server is included with your
NCPN license.
12 Network monitoring Yes
No
Ericsson Private 5G offers commercial support e.g.
Silver services with an agreed SLA (system uptime)
for both the on-premises equipment and the cloud
based components which is measured and reported
on a monthly basis. The subscription package
includes a distinct set Service Level Objectives (SLO)
regarding issue response times and resolutions.
Ericsson provides Tier-2 and Tier-3 support for the
end-to-end solution (cloud based components and onpremises equipment). Support includes:
• Proactive monitoring and issue resolution of
Management as a Service and Network Service.
• Crisis and troubleshooting escalation point for
Partners' Tier 1 support teams.
• Provide Partners' Tier 1 support teams with FAQ
articles and knowledge base (KB) through EP5G
support portal.
• Provide regular reviews on the status of the issues
escalated by Partners' Tier 1 support teams.
• Provide configuration, Software Updates, and
Software Upgrades, for issue resolution.
• Create and maintain system alarms and notifications.
• Root Cause Analysis
The Ericsson Tier-2 Network Support team is
available for escalation of Tier-1 support issues. Tier1 will utilize an incident management system provided by Ericsson to escalate issues to Tier-2. The incident
management system will support ticketing and phone
communication with the End Customers.
TD SYNNEX also offers Network Monitoring through
a ServiceSolv offering.
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 ..
r
Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 • Pricing - TD SYNNEX response Pricing and Discounts.xlsx - Tuesday February 20, 2024 15:56:47 • Financial Strength and Stability - TD SYNNEX Response - Financial Strength and Stability.pdf- Tuesday February 20, 2024 15:54:17
• Marketing Plan/Samples (optional)
• WMBE/MBE/SBE or Related Certificates (optional)
• Warranty Information -TD SYNNEX Response-Warranty lnformation.pdf-Tuesday February 20, 2024 15:50:51 • Standard Transaction Document Samples (optional)
• Requested Exceptions - Sourcewell MINN RFP _020624_Private_Wireless_Contract_TemplateRK11624.docx -Tuesday February 20, 2024 15:48:58
• Upload Additional Document - TD SYNNEX Response - Additional Document.pdf - Tuesday February 20, 2024 15:48:24 Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
11 . Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 020624 Vendor Name: TD SYNNEX Corporation DocuSign Envelope ID: D56A6B04-DD17-483F-B1C1-00FD44D0E751 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 solicitation.
P By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Ed Somers, Vice President, TD SYNNEX Corporation The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r. No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
Addendum_7_Private_Wireless_Services_RFP _020624
Fri February 2 2024 10:45 AM
Addendum_6_Private_Wireless_Services_RFP _020624
Wed January 31 2024 08:09 AM
Addendum_S_Private_Wireless_Services_RFP _020624
Tue January 30 2024 12:22 PM
Addendum_ 4_Private_Wireless_Services_RFP _020624
Fri January 26 2024 03:28 PM
Addendum_3_Private_Wireless_Services_RFP _020624
Wed January 24 2024 04:00 PM
Addendum_2_Private_Wireless_Services_RFP _020624
Thu January 18 2024 08:22 AM
Addendum_1_Private_Wireless_Services_RFP _020624
Fri January 12 2024 02:04 PM
I have reviewed the
below addendum and
attachments (if
applicable)
p
P'
P'
P'
P'
Pages
3 2
3 2
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1669 Agenda Date: 12/16/2025
REPORT TO COUNCIL
SUBJECT
Authorize the City Manager to execute a Side Letter Agreement between the City of Santa Clara and the Unclassified Miscellaneous Management Employees that provides stadium detail pay for work performed by the Communications Operations Manager when working as a Public Safety Dispatcher at Levi's Stadium
BACKGROUND
The City has experienced significant recruitment challenges for the Public Safety Dispatcher positions in the Police Department. Public agencies across the State are experiencing similar recruiting challenges. In the Fiscal Year 2025/26 Adopted Operating Budget, the City has 21.0 budgeted Dispatcher positions (16.0 Public Safety Dispatchers and 5.0 Senior Public Safety Dispatchers). As of June 2025, the City has 7 Public Safety Dispatcher vacancies.
Although the City continuously recruits for these positions and receives many applications, a substantial number of candidates do not successfully complete the Police Department’s background process. The City has implemented several initiatives to attract and retain qualified Dispatcher candidates; however, staffing shortages persist.
The Police Communications Manager (Job Code 068) is an exempt, salaried, unclassified management employee whose primary responsibility is to lead and oversee operations of the Dispatch Division. Due to ongoing staffing shortages, the Police Department has requested flexibility to allow the Police Communications Manager to temporarily perform Public Safety Dispatcher II duties at Stadium events when necessary. To alleviate staffing shortages, through December 31, 2026, the Police Communications Manager will receive the hourly rate of Step 5 of the Public Safety Dispatcher II classification (Job Code 340) for each hour worked when assigned to Levi’s Stadium in the capacity of a Public Safety Dispatcher II. This compensation is in addition to the Police Communications Manager’s regular salary.
This additional compensation and Stadium Detail assignment will be limited to events where the Chief of Police or Assistant Police Chief determines that staffing needs require the Police Communications Manager to work as a Public Safety Dispatcher II at Levi’s Stadium.
To be eligible for the additional pay, the Police Communications Manager must perform the assignment physically at the Stadium location and must perform only the duties of the Public Safety Dispatcher II, not those associated with the Police Communications Manager classification.
To ensure operational needs are adequately met during Stadium events, the City and the Unclassified Miscellaneous Management Employees (Unit 9) have reached a Side Letter Agreement to provide the Police Communications Manager to receive the hourly rate of Step 5 of the Public Safety Dispatcher II classification (Job Code 340) for each hour worked when assigned to Levi’s City of Santa Clara Page 1 of 2 Printed on 12/12/2025
powered by Legistar™
25-1669 Agenda Date: 12/16/2025
Safety Dispatcher II classification (Job Code 340) for each hour worked when assigned to Levi’s Stadium in the capacity of a Public Safety Dispatcher II, through December 31, 2026. This compensation is in addition to the Manager’s regular salary.
DISCUSSION
The recommended action authorizes the City Manager to execute the Side Letter Agreements that will provide a Pilot Program for the work performed by the Communications Operations Manager when working as a Public Safety Dispatcher at Levi's Stadium ("Stadium Detail"). As noted above, for the Police Communications Manager to receive the hourly rate of Step 5 of the Public Safety Dispatcher II classification (Job Code 340) for each hour worked when assigned to Levi’s Stadium in the capacity of a Public Safety Dispatcher II, through December 31, 2026.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The cost of providing the pilot program for the Police Communications Manager to receive the hourly rate of Step 5 of the Public Safety Dispatcher II classification (Job Code 340) is unknown at this time as it is dependent on staffing levels on event days.
The City will be reimbursed for stadium-related costs.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Authorize the City Manager to execute a Side Letter Agreement between the City of Santa Clara and the Unclassified Miscellaneous Management Employees that provides stadium detail pay for work performed by the Communications Operations Manager when working as a Public Safety Dispatcher at Levi's Stadium on the terms presented and in a final form approved by the City Attorney.
Reviewed by: Marco Mercado, Acting Director of Human Resources Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Side Letter
City of Santa Clara Page 2 of 2 Printed on 12/12/2025
powered by Legistar™
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SANTA CLARA
AND
UNCLASSIFIED MISCAELANOUS MANAGEMENT EMPLOYEES (UNIT 9)
PILOT PROGRAM - STADIUM DETAIL ASSIGNMENT FOR
COMMUNICATIONS OPERATIONS MANAGER (JOB CODE 068)
The City and the Unclassified Miscellaneous Management Employees (hereafter, "Unit 9") agree to a Pilot Program work performed by the Communications Operations Manager {Job Code 068) when working as a Public Safety Dispatcher at Levi's Stadium ("Stadium Detail"):
A. Stadium Detail for Police Communications Manager (Job Code 068).
1. The parties acknowledge that the Police Communications Manager (Job Code 068) is an exempt and salaried management employee.
2. To alleviate staffing issues, through December 31, 2026, the Police Communications Manager will be paid the hourly rate of Step 5 of the Public Safety Dispatcher II (Job Code 340) for each hour worked when assigned to work at Levi's Stadium as a Public Safety Dispatcher II. This is in addition to the Police Communications Manager's regular salary.
3. Such pay and detail shall be limited to those events where the Chief of Police or Assistant Police Chief determines staffing requires the Police Communications Manager is needed to work in the capacity of a Public Safety Dispatcher II at Levi's Stadium.
4. The Police Communications Manager must complete the assignment physically at the Stadium location in order to be eligible. The Police Communications Manager is to perform the duties of the Public Safety Dispatcher II and not to work in the capacity of Police Communications Manager when assigned to Levi's Stadum to be eligible for the additional pay under this Pilot Program.
B. This Side Letter Agreement shall not establish precedent for future agreements and shall not be construed or implied to obligate the City or Unit 9 to enter into any similar agreements in the future.
C. This Side Letter Agreement that amends the current MOU shall become effective after it is adopted by the City and signed by all parties below, and shall expire on December 31, 2026.
FOR UNIT 9:
Cv1M �,v\,,yy}v� II /1 (}} Z !r
Carolyn Mcowell Date 1
President, Unit 9
l? -z_('
Date
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1706 Agenda Date: 12/16/2025
REPORT TO CITY COUNCIL
SUBJECT
Action to Authorize the City Manager to Execute Agreements with CRE-GS Freedom Circle Phase I Owner, LLC for the Construction of Park Improvements and the Maintenance of the Park Located at 3905 Freedom Circle at the Developer’s Sole Cost
BACKGROUND
Santa Clara City Code Chapter 17.35 requires new residential development to dedicate parkland and/or pay in-lieu fees. Greystar Real Estate Partners submitted an application (File No. PLN2017- 12516) to the City for a General Plan Amendment from High-Intensity Office/R&D to High Intensity Mixed-Use and a rezoning to Planned Development (PD) to allow for a new residential mixed-use development (Project).
The City Council approved the General Plan Amendment and rezoning at a hearing on June 7, 2022.
The Project area includes 13.3 acres comprising two parcels (APNs: 104-40-021 & 104-40-036) that are bounded by Freedom Circle, Mission College Boulevard, Highway 101, and San Tomas Aquino Creek. The Project site is part of the larger Freedom Circle Focus Area, which was approved prior to the approval of this project.
The Project proposes the construction of 1,079 apartment units and will meet its parkland dedication requirements through:
· Development of an 87,728 square foot (2.014 acres) public park with a connection to the San Tomas Aquino Creek Trail;
· Installation of approximately 1.922 acres of private recreational amenities; and · Payment of in-lieu fees totaling $21,455,673 for the remaining balance.
The City Council approved the Public Park Updated Schematic Design on November 4, 2025 (Attachment 1), consisting of:
· A ½-acre natural grass field
· A landscaped and furnished quiet, park-like area
· Playground for children ages 2-5 and 6-12
· A basketball court
· A family picnic area with tables and barbeques
· A bocce court
· An enclosed off-leash dog area with separate areas for small and large dogs · Pathways, trees, and landscaping
City of Santa Clara Page 1 of 4 Printed on 12/12/2025
powered by Legistar™
25-1706 Agenda Date: 12/16/2025
· A connection to the San Tomas Creek Trail
· Twenty off-street parking stalls & public restrooms in Building B The park will be dedicated to the City in fee title once the improvements have been inspected and accepted by the City. The developer will construct all public park improvements in accordance with the City’s design criteria and standard specifications and will maintain the park, in perpetuity, following dedication.
DISCUSSION
The City and CRE-GS Freedom Circle Phase I Owner, LLC (“parties”) negotiated the following:
Parkland Dedication Agreement (Attachment #2). This agreement sets the terms and conditions for the construction of the improvements and acceptance of the park according to the City Council approved schematic design. Key provisions of the Parkland Dedication Agreement include:
· Construction of the park improvements at the developer’s sole cost in accordance with Council -approved park updated schematic design;
· Installation of 1.922 acres of private recreational amenities; · Transfer of title to the City of a 2.014 acre park; and · Payment of Mitigation Fee Act fees in the amount of $21,455,673 for the remaining obligation.
The development project consists of three residential buildings (Buildings A, B, and C). Park improvements will be completed in two phases. Park Phase 1 will be completed with the first of Building B or C and will be used temporarily as a private park by project residents. Park Phase 2 will be completed when both Building B and C are complete. Once both Park Phases are complete, the full park will be offered to the City for dedication. The construction of Building A will not include any park improvements, as such only in-lieu fees will be paid in connection with Building A. Consistent with the City’s regular practice, all park improvements must be inspected to ensure conformance with approved plans and ultimately accepted.
Park Maintenance Agreement (Attachment #3). This agreement sets the terms and conditions for the maintenance of the park. Key provisions of the Park Maintenance Agreement include:
· Developer shall be responsible to provide the labor, supervision, supplies, materials, equipment, and any and all other tools and labor necessary to maintain and/or repair the park in accordance with City standards as defined in Exhibit D of the Park Maintenance Agreement; · The obligation for maintenance services shall begin on the date the title for the park parcel transfers to the City and continues in perpetuity until terminated upon mutual written consent of the parties, the date the park parcel ceases to be a publicly owned park, or the park site is demolished and not rebuilt; and
· Periodic meetings and reviews, upon City’s request, to inspect and review the maintenance services provided.
Both parties acknowledge that, during the maintenance term, the park will remain a public park operated, controlled, and managed solely by the City, with hours of operation determined by the City.
Please note, staff is requesting Council authority to finalize negotiations and execute the City of Santa Clara Page 2 of 4 Printed on 12/12/2025
powered by Legistar™
25-1706 Agenda Date: 12/16/2025
Agreements. A few terms remain under negotiation, including the appropriate indemnity provisions and the remedies available to the City if the developer defaults on its maintenance obligations.
ENVIRONMENTAL REVIEW
The impacts of the Greystar project, including the Original Plan, were analyzed in an Environmental Impact Report (EIR) that was prepared for the Freedom Circle Focus Area and Greystar General Plan Amendment (case file PLN2017-12516) in accordance with the California Environmental Quality Act (CEQA). The EIR and Notice of Availability were circulated for a 45-day period from November 5, 2021, to December 20, 2021, in accordance with CEQA requirements. The EIR indicated that the development of the Greystar Project would contribute to an increase in demand for parkland, but that the impact would be mitigated to a less-than-significant level with the payment of in-lieu fees and the provision of dedicated parkland as depicted in the Original Plan. The EIR incorporates projectspecific conditions into the Mitigation Monitoring and Reporting Program (MMRP) requiring this mitigation. As the proposed Park plan would result in the same amount of land dedicated to the City as under the Original Plan, the proposal would not result in any new significant environmental effects or increase the severity of any previously identified effects. The EIR did not identify any secondary impacts associated with park construction, and the Park layout changes are unlikely to present any difference in the impacts resulting from construction.
FISCAL IMPACT
There is no fiscal impact to the General Fund for the current action, other than staff time budgeted in the Parks & Recreation Operating Budget for minor administrative tasks related to the operation of the public park as part of the City’s overall park system. The developer will construct the public park improvements, provide a park sign, and maintain the park for the life of the park, all to City standards and at no cost to the City.
COORDINATION
This report has been coordinated with the Community Development Department, the Finance Department, the City Attorney’s Office, and the City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Authorize the City Manager to execute the Parkland Dedication Agreement and the Park Maintenance Agreement with CRE-GS Freedom Circle Phase I Owner, LLC with such minor, nonsubstantive changes and amendments that may be necessary to implement the parkland dedication requirements for this project, in final forms approved by the City Attorney.
Prepared by: Gina Saporito, Staff Analyst
Reviewed by: Damon Sparacino, Director, Parks & Recreation Approved by: Jovan Grogan, City Manager
City of Santa Clara Page 3 of 4 Printed on 12/12/2025
powered by Legistar™
25-1706 Agenda Date: 12/16/2025
ATTACHMENTS
1. RTC #25-1037 Action on the 3905 Freedom Circle Public Park Updated Schematic Design
2. Draft Parkland Dedication Agreement with CRE-GS Freedom Circle Phase I Owner, LLC
3. Draft Park Maintenance Agreement with CRE-GS Freedom Circle Phase I Owner, LLC City of Santa Clara Page 4 of 4 Printed on 12/12/2025
powered by Legistar™
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1037 Agenda Date: 11/4/2025
REPORT TO CITY COUNCIL
SUBJECT
Action on the 3905 Freedom Circle Public Park Updated Schematic Design (Greystar Development)
BACKGROUND
The Santa Clara City Code 17.35 requires new residential development to dedicate parkland and/or pay in-lieu fees. Greystar Real Estate Partners submitted an application (File No. PLN2017-12516) to the City for a General Plan Amendment from High-Intensity Office/R&D to High Intensity Mixed-Use and a rezoning to Planned Development (PD) to allow for a new residential mixed-use development (Project). The City Council approved the General Plan Amendment and rezoning at a hearing on June 7, 2022. The Project area includes 13.3 acres comprising two parcels (APNs: 104-40-021 & 104 -40-036) that are bounded by Freedom Circle, Mission College Boulevard, Highway 101, and San Tomas Aquino Creek. The Project site is also part of the proposed General Plan - Freedom Circle Focus Area under a separate development process by the City that encompasses 108 acres in northern Santa Clara.
The Project proposes the construction of 1,079 apartment units and will meet its parkland dedication requirements through, (1) the development of an 87,728 square foot (2.014 acres) public park with a connection to the San Tomas Aquino Creek Trail, (2) the installation of private recreational amenities, and (3) the payment of in-lieu fees for the remaining balance. The park will be dedicated to the City in fee title once the improvements have been inspected and accepted by the City. The developer will construct all public park improvements in accordance with the City’s design criteria and standard specifications and will maintain the park, in perpetuity, following dedication.
The Schematic Design Master Plan approved by City Council on February 22, 2022 (“Original Plan”) for the public neighborhood park included the following features:
A ½-acre natural grass field
Landscaped and furnished park-like quiet area
Playground for children ages 2-5 and 6-12
A basketball court
A family picnic area with tables and barbeques
A bocce court
An enclosed off-leash dog area with separate areas for small and large dogs Pathways, trees, and landscaping
A connection to the San Tomas Creek Trail.
The Original Plan also included twenty off-street parking stalls for park visitors to be split between Buildings B and C.
City of Santa Clara Page 1 of 4 Printed on 11/12/2025
powered by Legistar™
25-1037 Agenda Date: 11/4/2025
Prior Parks & Recreation Commission and City Council Action On September 21, 2021, the Parks & Recreation Commission reviewed the community input and the proposed Schematic Design. After discussion, the Commission unanimously recommended that the City Council approve the Original Plan (Attachment 1).
The City Council reviewed and approved the Parks & Recreation Commission’s recommendation and adopted the proposed Original Plan (Attachment 2) on February 22, 2022.
DISCUSSION
On October 20, 2025, staff brought back the park design to the Parks & Recreation Commission for review of updates made to the Original Plan. These updates are necessary due to a utility conflict involving existing overhead electric transmission and distribution lines, as well as associated guy wires, which encroach into the Emergency Vehicle Access (EVA) lane. In accordance with the Fire Department’s Conditions of Approval, these utility lines must be cleared prior to permit issuance and fully resolved prior to first occupancy. The developer has been working with Silicon Valley Power (SVP) to address the required modifications.
The relocation and reconfiguration of the transmission and distribution lines within the EVA lane were not included in the Original Plan or the system impact analysis and addressing those changes necessitated modification of the Original Plan.
To resolve the conflict, several alternatives were explored. The only solution acceptable to both SVP and the Fire Department was to shift the curb along the San Tomas Aquino Creek Trail inward toward the property line and park. This adjustment results in a 6.5-foot reduction in the width of the park on the side closest to the creek. To preserve the Original Plan acreage, the park will expand by approximately one foot toward Building B and approximately one foot toward Building C.
Additional modifications include:
Repositioning park benches
Relocating the trash enclosure further inward
Realigning the off-leash dog area to fit the revised sidewalk and trash enclosure layout, while maintaining the same size as in the Original Plan.
These adjustments preserve the total square footage of the off-leash dog area as originally approved by City Council, while ensuring compliance with public safety and utility requirements.
Additionally, twenty off-street parking stalls for park visitors were originally proposed to be split between Buildings B and C; however, all of them have since been relocated to Building B, which also houses two public restrooms.
During the October 20, 2025, meeting, the Parks & Recreation Commission reviewed the updated schematic design (Attachment 3) and considered a recommendation to City Council to approve the proposed revisions to the park design. The Parks & Recreation Commission unanimously approved a recommendation to approve the revised schematic design, with the condition that parking signage is included.
Council will review the Parks & Recreation Commission’s recommendation to approve the proposed City of Santa Clara Page 2 of 4 Printed on 11/12/2025
powered by Legistar™
25-1037 Agenda Date: 11/4/2025
park design revisions included as Attachment 4. If Council approves the revised design, the developer will complete the construction documents for building permit, execute Park Construction and Park Maintenance agreements, complete the improvements to the satisfaction and acceptance of the City, and record the parcel dedication with the County of Santa Clara. Public park improvements will be constructed by the developer to the City’s design criteria and standard specifications and will be maintained by the developer after dedication. The Park Construction and the Park Maintenance agreements will be brought back to City Council for consideration at a later date.
ENVIRONMENTAL REVIEW
The impacts of the Greystar project, including the Original Plan, were analyzed in an Environmental Impact Report (EIR) that was prepared for the Freedom Circle Focus Area and Greystar General Plan Amendment (case file PLN2017-12516) in accordance with the California Environmental Quality Act (CEQA). The EIR and Notice of Availability were circulated for a 45-day period from November 5, 2021, to December 20, 2021, in accordance with CEQA requirements. The EIR indicated that the development of the Greystar Project would contribute to an increase in demand for parkland, but that the impact would be mitigated to a less-than-significant level with the payment of in-lieu fees and the provision of dedicated parkland as depicted in the Original Plan. The EIR incorporates projectspecific conditions into the Mitigation Monitoring and Reporting Program (MMRP) requiring this mitigation. As the proposed Park plan would result in the same amount of land dedicated to the City as under the Original Plan, the proposal would not result in any new significant environmental effects or increase the severity of any previously identified effects. The EIR did not identify any secondary impacts associated with park construction, and the Park layout changes are unlikely to present any difference in the impacts resulting from construction.
FISCAL IMPACT
There is no fiscal impact to the General Fund for the current action, other than staff time budgeted in the Parks & Recreation Operating Budget for minor administrative tasks related to the operation of the public park as part of the City’s overall park system. The developer will construct the public park improvements, provide a park sign, and maintain the park for the life of the park, all to City standards and at no cost to the City.
COORDINATION
This report has been coordinated with the Community Development Department, the Finance Department, the City Attorney’s Office and the City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Approve the 3905 Freedom Circle Public Park Updated Schematic Design.
Prepared by: Gina Saporito, Staff Analyst
City of Santa Clara Page 3 of 4 Printed on 11/12/2025
powered by Legistar™
25-1037 Agenda Date: 11/4/2025
Reviewed by: Damon Sparacino, Director, Parks & Recreation Department Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. RTC #21-1020: Consideration of the Schematic Design for the New Public Neighborhood Park located at 3905 Freedom Circle (Greystar Development)
2. RTC #22-197: Action on the Parks & Recreation Commission’s Recommendation to Approve the Schematic Design-Master Plan for the New Public Neighborhood Park located at 3905 Freedom Circle (Greystar Development)
3. RTC #25-982: Consideration of the Revised Council-Approved Schematic Design for the New Public Neighborhood Park at 3905 Freedom Circle
4. 3905 Freedom Circle Public Park Updated Schematic Design City of Santa Clara Page 4 of 4 Printed on 11/12/2025
powered by Legistar™
RECORD WITHOUT FEE
PURSUANT TO GOVERNMENT CODE § 6103
RECORDING REQUESTED BY:
Office of the City Attorney
City of Santa Clara, California
WHEN RECORDED, MAIL TO:
City of Santa Clara
City Clerk’s Office
1500 Warburton Avenue
Santa Clara, California 95050
Form per Gov’t Code Section 27361.6 SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY The undersigned declares that this document is recorded at the request of and for the benefit of the City of Santa Clara and therefore is exempt from the payment of the recording fee pursuant to Government Code §6103 and 27383 and from the payment of the Documentary Transfer Tax pursuant to Revenue and Taxation Code §11922.
EBIX Insurance No. *S20000_____
PARKLAND DEDICATION AGREEMENT
BETWEEN
THE CITY OF SANTA CLARA,
a chartered California municipal corporation,
AND
CRE-GS FREEDOM CIRCLE PHASE I OWNER, LLC
AND COVENANTS AND RESTRICTIONS FOR
PRIVATE RECREATIONAL AMENITIES
PREAMBLE
This PARKLAND DEDICATION AGREEMENT (“Agreement”) is entered into between the CITY OF SANTA CLARA, a chartered California municipal corporation (“City”) and CRE-GS FREEDOM CIRCLE PHASE I OWNER, LLC, a Delaware limited liability company (“Developer”). City and Developer may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
-
Parkland Agreement/Freedom Circle Page 2 of 18
Rev: January 10, 2024
RECITALS
City and Developer enter into this Agreement on the basis of the following facts, understandings and intentions, and the following recitals are a substantive part of this Agreement.
A. Developer desires to develop a multi-family rental residential project (“Development”) on certain real property located at 3925 Freedom Circle (APN: xxx-xx-xxx) in the City of Santa Clara, County of Santa Clara, State of California. Developer is the fee title owner of that certain real property located in the City and more particularly described in Exhibit A attached hereto (the "Development Project Site").
B. Developer has obtained environmental clearance through the use of the Environmental Impact Report for the Freedom Circle Focus Area and Greystar General Plan Amendment in accordance with the California Environmental Quality Act (CEQA). The EIR and Notice of Availability were circulated for a 45-day period from November 5, 2021 to December 20, 2021 in accordance with CEQA requirements. The Freedom Circle Focus Area/Greystar General Plan Amendment EIR, case file PLN2017-12516, studied the subject project at a project level, and incorporates project-specific conditions into the Mitigation Monitoring and Reporting Program (MMRP). The Focus Area and General Plan Amendment were approved on June 7, 2022 (formerly referred to for file purposes only as 3905 Freedom Circle) (the “Development”), subject to certain Conditions of Approval (“Development Entitlements”).
C. The Development Entitlements contemplate the construction of the overall Development in three phases, which could be built in any order in response to market conditions, referred to as Building B (Phase 1), Building A (Phase 2) and Building C (Phase 3) and as depicted on Exhibit A.
D. Under the provisions of Santa Clara City Code ("SCCC'') Chapter 17.35 (“Park and Recreational Land Dedication Ordinance”), every person who constructs or causes to be constructed a dwelling unit or dwelling units shall dedicate land for neighborhood and community parks, pay a fee in lieu thereof, or provide a combination of such dedication and fee, at the discretion of the City (“Parkland Dedication Requirement”).
E. As required by the Entitlements Condition of Approval No. 7, Developer is required to build a park within the Development Project Site on “Parcel 4” as depicted on Exhibit A and legally described on Exhibit C (the “Park Site”).
F. In order for Developer to satisfy Developer’s Parkland Dedication Requirement for the residential units identified in the Development approved by (insert the name of the body and the date the body approved the project), Developer and City desire to enter into this Agreement pursuant to which Developer shall satisfy Project’s Parkland Dedication Requirement as follows and as further described in this Agreement:
i. Design and construct park improvements on the approximately 2.014-acre Park Site in accordance with the Public Park Improvement Site Plan attached as Exhibit C (“Park Improvements”) including 20 off-street parking stalls and public restrooms to be located within Building B;
Parkland Agreement/Freedom Circle Page 3 of 18
Rev: January 10, 2024
ii. Dedicate an approximately 2.014-acre neighborhood park (real property) to the City to use for parkland purposes as described in Exhibit B and C attached hereto in accordance with the requirements of the City Council approved Master Plan Schematic Design upon completion of the Park Improvements; iii. Install certain private recreational amenity improvements on approximately 1.922 acres within the Development in conjunction with the construction of the Development in accordance with the requirements of the Conditions of Approval and the Private Recreation Amenities Site Plan set forth in Exhibit D (“Private Recreational Amenity Improvements”) for which Developer is also eligible to receive credit against its Parkland Dedication Requirement as set forth in the Park and Recreational Land Ordinance and this Agreement;
iv. Pay City Mitigation Fee Act (MFA) fees due in lieu of parkland dedication in the amount of Twenty-one Million Three Hundred Fifty-Six Thousand, Five Hundred Eighty-Two Dollars shown on Exhibit F; and
v. Enter into a separate Park Maintenance Agreement with the City for maintenance services for the neighborhood park.
G. The official name of the Park will be established by City after the date of this Agreement in conformance with City policy.
H. City’s Director of Parks & Recreation (“Director”) is charged with the administration of this Agreement. The Director or designee is responsible for the review, inspection, approval, and acceptance on behalf of the City of the Park Site and accompanying Park Improvements.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the Parties hereby agree as follows:
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Developer shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Development Project Site
Exhibit B – Legal Description of Park Site
Exhibit C – Public Park and Improvements Site Plan Design and Phasing Plan Exhibit D – Private Recreational AmenitySite Plan Design Exhibit E – Design and Construction Requirements
Exhibit F – Parkland Requirements, Fees and Credit Summary Exhibit G – Parks and Recreation Department Conditions of Approval Exhibit H – Bond Forms
Parkland Agreement/Freedom Circle Page 4 of 18
Rev: January 10, 2024
Exhibit I – Insurance Requirements
Exhibit J – Sample Certificate of Acceptance
This Agreement, including the Exhibits set forth above, contains all the agreements, representations, and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. The Parties acknowledge their mutual understanding that the Terms and Conditions and the Exhibits are consistent with each other and the Parties agree that the Terms and Conditions and the Exhibits shall be read and interpreted in a manner to maintain the greatest consistency between them and to accomplish, to the greatest practical and legal extent feasible, the mutual intent and goals of the Parties as set forth in this Agreement. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Effective Date. The “Effective Date” is the date that the final signatory executes this Agreement. It is the intent of the Parties that this Agreement shall become operative on the Effective Date. The term (“Term”) of this Agreement shall commence on the Effective Date set forth above.
Expiration. The Term shall expire upon City acceptance of the Park Improvements, which acceptance shall be evidenced by the issuance of a Certificate of Acceptance by the City Manager, as outlined in Exhibit J to this Agreement, the City’s acceptance of the Grant Deed for the park pursuant to the applicable provisions of Section 2 of Exhibit E, and the recordation of the Grant Deed, unless earlier terminated upon mutual agreement of the Parties. Following expiration of the Term or any extension, or if sooner terminated, this Agreement shall have no force and effect, subject, however, to any express posttermination obligation set forth herein in Sections 6.c, 12 and 18.
3. REPRESENTATIONS AND WARRANTY
Developer expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements, and instructions upon which this Agreement is based.
Developer agrees to replace or correct any incomplete, inaccurate, or defective materials and services at no cost to City. If Developer fails to correct or replace materials and services within a reasonable period of time after delivery of the City’s notice, City may make corrections or replace materials and services and charge Developer for the cost incurred by City.
Developer represents and warrants to City that the following facts are true and correct:
A. The statements, certificates, and documents for this Development as approved by the (*insert name of the approving body) remain true and correct.
Parkland Agreement/Freedom Circle Page 5 of 18
Rev: January 10, 2024
A. Any and all documents provided to City pursuant to the terms of this Agreement, or in connection with the execution of this Agreement, are now in full force and effect and contain no material inaccuracies or misstatements of fact. Developer covenants that at such time City notifies Developer of City's intention to accept the Park Improvements, if any of these documents contain material inaccuracies, misstatements or have become obsolete, Developer shall notify City and provide City with the information required to render the documents accurate, complete and current.
B. Developer has the legal ability to enter into this Agreement and Developer's signatories to this Agreement is (are) duly authorized to sign this Agreement on its behalf.
4. OFFER OF DEDICATION, AND DESIGN AND DEVELOPMENT OF PARK
IMPROVEMENTS
A. Developer affirms its irrevocable offer to dedicate to City an approximately 2.014- acre Park Site legally described on Exhibit B. Developer shall be responsible for all recording and escrow fees, including the cost of an ALTA Standard Title Insurance Policy, as well as other customary and reasonable closing costs incurred in the conveyance of the Park Site to City, in accordance with the requirements and specifications set forth in this Agreement.
B. Developer shall be responsible for the development of plans and specifications for, and the construction of the Park Improvements on the Park Site consistent with the Public Park Improvements Site and Phasing Plan as approved by City and attached as Exhibit C. Developer shall develop plans and specifications for the Park Improvements (“Project Specifications”) for the review and approval of the Director, or his or her designee, as more particularly described in the attached Exhibit E. Subject to Exhibit E of this Agreement, Developer shall construct the Park Improvements in conformance with the latest version of Project Specifications and applicable standards and specifications approved by City.
C. The Parties acknowledge that the exact size, dimensions, and other particular characteristics of the Park Improvements may not have been determined as of the Effective Date of this Agreement. The Parties, however, agree that the Park Improvements shall consist of the following specific Park Improvements: one (1) one-half (½) acre turf grass play field, approximately 3,513 sq ft landscaped & furnished park-like quiet seating area, approx. 7,770 sq ft, children’s play area for ages 2-5 (~3,824 sq ft) and ages 6-12 (~3,946 sq ft), one (1) approx. 7,088 sq ft multi-use sports court (basketball & pickle ball), one (1) approx. 2,400 sq ft picnic area with shade structure & picnic table sets and BBQ grill, two (2) ADA accessible drinking fountains, four (4) dog waste stations, seven (7) trash receptacles, thirteen (13) bike racks, various wood benches, eighteen (18) moveable chairs, one approx. 1,170 sq ft bocce ball court, one (1) approx. 3,705 sq ft off-leash dog area (~1,175 Is sq ft small dog area & ~2,530 sq ft large dog area), two (2) chess game table sets, Parkland Agreement/Freedom Circle Page 6 of 18
Rev: January 10, 2024
one (1) trash enclosure, lighting and accessible walkways, all as depicted and phased in Exhibit C.
D. Developer shall be responsible for all costs incurred for planning, design, construction, and supervision of the construction of all Park Improvements, including without limitation, City’s plan review, inspections, title insurance, and title transfer. Developer shall cause all labor and material incorporated in the Park Improvements to be furnished in accordance with the requirements and specifications set forth in this Agreement.
E. Developer shall follow the City’s Planning Public Outreach Policy.
F. The Park Improvements to be installed on the Park Site in accordance with Developer's Phasing Plan depicted on Exhibit C, as follows:
i. Park Phase 1 shall be fully completed per approved plans and specifications with the first to be completed of either Building B or Building C, and offered only and exclusively to the residents of the Development Site as a temporary private recreational amenity and shall be subject to the same in lieu fee credit for private recreational improvements as described in Section 5 below and shown on Exhibit F.
ii. Park Phase 2, and any necessary repair or maintenance to Park Phase 1, shall be completed per approved plans and specifications, with the last to be completed of both Building B and Building C and, upon completion, shall be offered, along with the Park Phase 1, to the City for acceptance as a public park. Upon completion, inspection, and acceptance, the City shall provide the remaining 50% in lieu fee credit for the full Park Improvements as shown on Exhibit F.
iii. For the purposes of clarity, Building A, which is not adjacent to the Park Site, shall have no obligation to build any portion of the Park Site, and shall instead pay in lieu fees, subject to any applicable credit for private recreational amenities within Building A, as shown on Exhibit F. iv. The Park Improvements shall be fully constructed per plans and specifications (both Phase 1 and Phase 2) on or before the date of the issuance of a certificate of residential occupancy, including any temporary certificate of residential occupancy, for both Building B and Building C, as depicted on Exhibit A, which are both directly adjacent to the Park Site. v. The Park Improvements shall be deemed completed and accepted by City upon recordation of the Certificate of Acceptance by City, or designee, as outlined in Exhibit J of this Agreement. The Director or designee may, at the Director’s discretion, grant extensions of the completion requirement specified in this subsection.
---
Parkland Agreement/Freedom Circle Page 7 of 18
Rev: January 10, 2024
5. CREDIT FOR PRIVATE RECREATIONAL IMPROVEMENTS
A. The Development is eligible to receive credit for private recreational improvements pursuant to the Park and Recreational Land Ordinance. The itemized inventory and description of the private recreational improvements to be included in the Development by Developer that will receive credit pursuant to Chapter 17.35 is set forth in Exhibit C and Exhibit D. Developer shall complete the installation of the private recreational improvements described in Exhibit C and Exhibit D on or before the issuance of final certificate of occupancy for each phase of the Development, as applicable. The final certificate of occupancy for each phase of the Development shall not be issued, unless and until, all private recreational improvements have been constructed within such phase, as applicable, accepted at City’s reasonable discretion to determine full compliance with this Agreement.
B. With respect to any credit for private recreational improvements which have not been completed pursuant to Section 5A of this Agreement, the credits for any such uncompleted improvements shall be disallowed and Developer shall be required to pay the amount of the credit received hereunder.
C. Developer acknowledges and agrees that use of the private recreational improvements shall be restricted for recreation purposes by this recorded covenant which runs with the land in favor of the future owners/renters of the residential units located within the Development and which expressly cannot be defeated or eliminated without the consent and approval of the City and payment of in-lieu fees in effect at the time.
D. Developer acknowledges and agrees that Developer shall not receive any credit for eligible private recreational improvements pursuant to Park and Recreational Land Dedication Ordinance except those private recreational improvements that are set forth in Exhibit C and Exhibit D and constructed in full compliance with this Agreement.
6. COMPLIANCE WITH THE PARKLAND DEDICATION ORDINANCE
A. City acknowledges and agrees that Developer’s performance of this Agreement shall satisfy all of Developer’s obligations under the City’s Park and Recreational Land Ordinance for the residential units identified in Exhibit F. Provided that Developer is not in material default hereunder, and provided further that Developer satisfies all other terms, conditions, and requirements associated with the Development and this Agreement, City shall issue all building permits necessary for the residential units identified in Exhibit F.
B. The Parties acknowledge and agree that the calculation of the Developer’s Parkland Dedication Requirement is accurately set forth in Exhibit F, including the parkland dedicated, the calculation of the parkland in-lieu fees (“Parkland Fees”), the credits for the Private Recreational Improvements, including the phasing of credits (“Credits), and any other fees, charges, or reimbursements. Developer shall pay to Parkland Agreement/Freedom Circle Page 8 of 18
Rev: January 10, 2024
City the Parkland Fees specified in accordance with the payment instructions set forth in Exhibit F.
C. In the event there is an increase in the number of residential units to be built, or change in the dwelling unit type, Developer agrees to immediately notify the Director and to provide additional parkland and/or pay such additional Park In-Lieu Fees as required by the Park and Recreational Land Ordinance. Where Developer makes such a notification to the Director, and additional Park In-Lieu Fees are owed, the fee in effect at the time of the notification shall apply to the additional residential units or units affected by change in unit type.
D. Developer acknowledges that the costs and expenses for the design, development, construction, and supervision related to the Park Improvements may exceed the fees due in-lieu of Parkland dedication that the Developer would be obligated to pay under the Park and Recreational Land Dedication Ordinance. Because of the benefit to Development that will result from the Park Improvements, Developer agrees to design, develop, and construct the Park Improvements on the Park Site and dedicate the Park Site in fee simple as specified in this Agreement, without any obligation on the part of City.
7. REVIEW FOR FEES AND CHARGES RELATED TO PARK IMPROVEMENTS A. Developer shall pay to City a fee for review and approval of the Project Specifications for the Park Improvements and the inspection of the Park Improvements (collectively, “Review Fee”). City's Review Fee shall be based on:
i. The 2% Administrative Fee portion of the applicable in lieu fee schedule in effect when the project was deemed complete by the City Planning Department.
ii. Developer shall pay all applicable City fees when submitting park construction documents to the City through the City’s online permitting portal for review and approval.
8. BONDS AND SECURITY
Developer shall furnish to City the following security prior to the issuance of a permit to allow for construction of Phase 1 of the Park Improvements under this Agreement and for the purposes, in the amounts, and under the conditions that follow:
A. Type and Amounts.
i. Performance Security. To assure the Developer’s faithful performance of this Agreement to complete the Park Improvements in an amount of One Hundred Percent (100%) of the estimated cost of the Park Improvements (hereinafter “Performance Security”); and
Parkland Agreement/Freedom Circle Page 9 of 18
Rev: January 10, 2024
ii. Payment Security. To secure Developer’s payment to any Contractor, subcontractor, person renting or supplying equipment or furnishing labor and materials for completion of the Park Improvements in the additional amount of One Hundred Percent (100%) of the estimated cost of the improvements (hereinafter “Payment Security”); and
iii. Warranty Security. To warranty the Developer’s work for a period of one (1) year following recordation of the Certificate of Acceptance against any defective work or labor done or defective materials furnished in the additional amount of Twenty-Five Percent (25%) of the estimated cost of the improvements (hereinafter “Warranty Security”); and iv. Landscaping Security. To secure Developer’s installation and maintenance of landscaping as may be required by the Project Specifications, and at such time when the drought restrictions have been rescinded as further described in Exhibit E.
B. Conditions.
i. Developer shall provide the required security on forms approved by City and from sureties authorized by the California Insurance Commissioner to transact the business of insurance. Any bonds furnished by Developer to satisfy the security requirements in this Section 9 shall be in substantially the forms attached hereto as Exhibit H, as may be amended by City from time to time.
ii. A condition of the Developer’s security is that any changes not exceeding ten percent (10%) of the original estimated cost of the Park Improvements shall not relieve the security. In the event that changes to the Improvement Plans cause an increase of more than ten percent (10%) over the original estimated cost of the Park Improvements, Developer shall provide security as required by Section 9(A) of the Agreement for one hundred percent (100%) of the total estimated cost of the Park Improvements as changed. iii. Notwithstanding Section 9(B)(ii) above, Developer’s security shall compensate City for the actual cost of completing the required Park Improvements in the Event of Default (as defined in Section 10 below) by Developer in the performance of this Agreement, regardless of whether City’s cost of completion exceeds the estimated total cost of the Park Improvements.
iv. A condition of Developer’s security is that any request by Developer for an extension of time for the commencement or completion of the work under this Agreement may be granted by City without notice to Developer’s surety and such extensions shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement.
Parkland Agreement/Freedom Circle Page 10 of 18
Rev: January 10, 2024
v. As a condition of granting any extension for the commencement or completion of the work under this Agreement, Director may require Developer to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by Director. vi. If Developer seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by Developer to Director; and (3) upon its written acceptance by Director, be deemed to be a part of this Agreement.
Upon Director’s acceptance of a replacement security, the former security may be released by City.
C. Release of Securities. Director shall release the securities required by this Agreement as follows:
i. Performance Security. City shall release the Performance Security upon recordation of the Certificate of Acceptance or as may otherwise be authorized in accordance with California Government Code sections 66499.7(a)-(g).
ii. Payment Security. City shall release the Payment Security in accordance with California Government Code section 66499.7(h).
iii. Warranty Security. City shall release the Warranty Security upon expiration of the warranty period and settlement of any claims filed during the warranty period.
iv. City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney’s fees incurred in connection with any claims thereunder.
D. Injury to Park Improvements, Public Property or Public Utility Facilities.
Until recordation of the Certificate of Acceptance of the Park Improvements, Developer assumes responsibility for the care and maintenance of, and any damage to, the Park Improvements Developer shall replace or repair all Park Improvements, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless of whether resulting from the acts of the Developer, prior to the recordation of the Certificate of Acceptance. Developer shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the Director.
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss, or damage, regardless of cause, occurring to the Park Site or Park Improvements prior to recordation of the Certificate of Acceptance of the Park Site and Park Improvements.
Parkland Agreement/Freedom Circle Page 11 of 18
Rev: January 10, 2024
9. Default
A. Developer shall be in default hereunder upon the occurrence of any one or more of the following events (“Event of Default”), each subject to the effect of any Force Majeure Event or extension thereof under the terms of this Agreement:
i. Developer’s failure to commence construction of Phase 1or Phase 2of the Park Improvements within (1) one year of the issuance of a park permit for each respective phase under this Agreement, subject to extensions provided by the Director.
ii. Developer’s failure to timely cure any defect in the Park Improvements. iii. Developer’s failure to perform substantial construction work for a period of thirty (30) consecutive calendar days after commencement of the work on Phase 1 or Phase 2 of the Park Improvements.
iv. Developer’s insolvency, appointment of receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Developer fails to discharge within thirty (30) days.
v. Developer assigns this Agreement in violation of Section 10. vi. Developer fails to perform or satisfy any other material term, condition, or obligation under this Agreement.
B. If an Event of Default occurs and the Event of Default is not cured by Developer in accordance with Section 10(C) below, City in its sole discretion shall be entitled to terminate Developer’s control over work described herein and hold Developer and its surety liable for all damages suffered by City as a result of the Event of Default.
City shall have the right, at its sole discretion, to draw upon or use the appropriate security to mitigate City’s damages in the Event of Default by Developer.
Developer acknowledges and agrees that City’s right to draw upon or use the security is in addition to any other remedies available by law or in equity to City.
The Parties acknowledge and agree that the estimated costs and security amounts may not reflect the actual cost of construction of the Park Improvements, and therefore, City’s damages in the Event of Default by Developer shall be measured by the actual cost of completing the required Park Improvements to the satisfaction of City. City may use the sums provided by the securities for the completion of the Park Improvements in accordance with the Project Specifications.
City may take over the work and complete the Park Improvements, by contract or by any other method City deems appropriate, at the sole cost and expense of Developer. In such event, City, without any liability whatsoever, may complete the Park Improvements using any of Developer’s materials, appliances, plans, or other property located at the Park Site and that are necessary to complete the Park Improvements.
Parkland Agreement/Freedom Circle Page 12 of 18
Rev: January 10, 2024
C. Unless the Director determines that the circumstances warrant immediate enforcement of the provisions of this Section 10 in order to prevent an immediate threat to public health, safety, and welfare, the Director shall give twenty (20) working days' prior written notice of termination to Developer (“Notice Period”), which notice shall state in reasonable detail the nature of Developer's default and the manner in which Developer can cure the default. During the Notice Period, Developer shall have the right to cure any such default; provided, however, if a default is of a nature which cannot reasonably be cured within the Notice Period, Developer shall be deemed to have timely cured such default for purposes of this Section 10 if Developer commences to cure the default within the Notice Period, and prosecutes the same to completion within a reasonable time thereafter.
D. Developer’s failure to comply with any terms, conditions, or obligations under this Agreement shall constitute Developer’s consent for City, at its sole discretion, to file a notice of violation against all lots in the subdivision, or to rescind or otherwise revert the subdivision to acreage. Developer specifically recognizes that the determination of whether a reversion to acreage or rescission of the subdivision constitutes an adequate remedy for default by Developer shall be within the sole discretion of the City.
E. City's rights and remedies specified in this Section 10 shall be deemed cumulative and in addition to any rights or remedies City may have at law or in equity.
10. ASSIGNMENT AND SUBCONTRACTING
City and Developer bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City, which approval will not be unreasonably withheld, conditioned or delayed. Any attempts to assign or transfer any terms, conditions, or obligation under this Agreement without the express written consent of City shall be voidable at City’s sole discretion. Notwithstanding the foregoing, Developer shall have the right, without any consent or approval by City, to assign or transfer its rights and obligations under this Agreement to any affiliate of Developer, any third party that acquires all or substantially all of the assets of Developer, or to any third party that acquires fee title to the entire Development Site, provided such assignee or transferee agree in writing by recorded document to be bound by the obligations of Developer under this Agreement and the City is given notice of such assignment. In the event a purchaser acquires less than the entirety of the Development Site, the parties shall enter a written partial assignment agreement that shall clearly allocate the entirety of the rights and obligations hereunder in a form reasonably acceptable to the Director. Developer shall also have the right to pledge or collaterally assign this Agreement to lenders. Subject to this Section, this Agreement shall be binding upon and shall inure to the benefit of the Parties' respective successors, assignees, transferees, and legal representatives.
11. INDEPENDENT CONTRACTOR
Developer and all person(s) employed by or contracted with Developer to furnish labor and/or materials under this Agreement are independent contractors and do not act as Parkland Agreement/Freedom Circle Page 13 of 18
Rev: January 10, 2024
agent(s) or employees(s) of City. Developer has full rights to manage its employees in their performance under this Agreement.
12. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Developer agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the performance by Developer pursuant to this Agreement – including claims of any kind by Developer’s employees or persons contracting with Developer to perform any portion of the Park Improvements work under this Agreement and shall expressly include passive or active negligence by City connected with the services, except to the extent arising from the sole active negligence or sole willful misconduct of City.
B. Subject to the provisions of Section 12.A, Developer’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Developer), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Developer is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Developer warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Developer’s responsibilities under the Act.
D. This Section 12 shall survive the recordation of the Certificate of Acceptance, acceptance of the Park Site, or sooner termination of this Agreement for a period of one (1) year from the date of such acceptance or termination. Recordation of the Certificate of Acceptance by City of the Park Improvements shall not constitute an assumption by City of any responsibility or liability for any loss or damages covered by this Section 12.
13. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit I, Developer shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit I.
14. WAIVER
Parkland Agreement/Freedom Circle Page 14 of 18
Rev: January 10, 2024
Each Party agrees that waiver by the other party of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither Party’s review, nor acceptance required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
15. NOTICES
All notices to Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Parks & Recreation Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at *[email protected]
And to Developer addressed as follows:
CRE-GS Freedom Circle Phase I Owner, LLC
c/o Greystar Real Estate Partners, LLC
450 Sansome Street, Suite 500
San Francisco, CA 94111
Attention: Troy Vernon
Email: [email protected]
Phone: (415) 527-2857
With a copy to:
Holland & Knight, LLP
560 Mission St. Suite 1900
San Francisco, CA 94105
Attention: Tamsen Plume
Email: [email protected]
Phone: (415) 596-8232
The workday the e-mail was sent shall control the date notice was deemed given. An email transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
16. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.
17. FORCE MAJEURE
A. “Force Majeure Event” shall be defined as any matter or condition beyond the reasonable control of a Party, including but not limited to war, public emergency Parkland Agreement/Freedom Circle Page 15 of 18
Rev: January 10, 2024
or calamity, fire, earthquake, extraordinary inclement weather, Acts of God, strikes, labor disturbances or actions, civil disturbances or riots, litigation brought by third parties against either the City or Developer or both, epidemic or pandemic (including COVID-19 or any variant), default by the other Party, or any governmental order or law which causes an interruption in the timely delivery of materials, availability of labor or otherwise interrupts construction of the Park Improvements (the “Work” for purposes of this section).
B. Should a Force Majeure Event prevent performance of this Agreement, in whole or in part, the Party affected by the Force Majeure Event shall be excused or performance under this Agreement shall be suspended to the extent commensurate with the Force Majeure Event; provided that the Party availing itself of this Section shall notify the other Party within ten (10) days of the affected Party’s knowledge of the commencement of the Force Majeure Event; and provided further that the time of suspension or excuse shall not extend beyond that reasonably necessitated by the Force Majeure Event.
C. Notwithstanding the foregoing, the following shall not excuse or suspend performance under this Agreement:
i. Performance under this Agreement shall not be suspended or excused for a Force Majeure Event pertaining to the Work if such event is not defined as a Force Majeure Event under the applicable contract for the Work. ii. Negligence or failure of a Developer to perform its obligations under a contract for the Work (other than for a Force Majeure Event as defined under the applicable contract) shall not constitute a Force Majeure Event. iii. The inability of Developer for any reason to have access to funds necessary to carry out its obligations under this Agreement or the termination of any contract for the prosecution of the Work for such reason or for Developer's default under such contract shall not constitute a Force Majeure Event.
18. BOOKS AND RECORDS
A. Developer shall be solely responsible to implement internal controls and record keeping procedures in order to comply with this Agreement and all applicable laws.
Developer shall maintain any and all ledgers, books of account, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the activities performed by Developer under this Agreement, including without limitation those relating to the construction of the Park Improvements, for a minimum period of three (3) years, or for any longer period required by law, from the date of termination of this Agreement or the date of the City’s acceptance of the Park Improvements, whichever is longer. Notwithstanding this previous sentence, Developer shall retain such records beyond three (3) years so long as any litigation, audit, dispute, or claim is pending.
Parkland Agreement/Freedom Circle Page 16 of 18
Rev: January 10, 2024
B. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Developer's address indicated for receipt of notices in this Agreement.
C. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Developer’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Developer, Developer’s representatives, or Developer's successor-in-interest.
D. Developer’s obligations under this Section shall be in addition to Developer’s obligations specified in Exhibit E.
19. MISCELLANEOUS PROVISIONS
A. Captions. Captions and Sections of this Agreement are for convenience only and shall not be considered in resolving any questions of interpretation or construction.
B. Incorporation of Recitals. The Recitals contained in this Agreement are hereby incorporated into the terms of this Agreement.
C. Plurality. As used in this Agreement and when required by the context, each number (singular and plural) shall include all numbers.
D. Nondiscrimination. Developer, its employees, agents, representatives, contractors, and subcontractors shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, national origin, or any other recognized or protected class in connection with or related to the performance of this Agreement.
Developer shall expressly require compliance with the provisions of this Section 20(D) in all agreements with contractors and subcontractors for the performance of the improvements hereunder.
E. Developer has read each and every part of this Agreement, including without limitation, its exhibits, and Developer freely and voluntarily has entered into this Agreement. This Agreement is a negotiated document and shall not be interpreted for or against any party by reason of the fact that such Party may have drafted this Agreement or any of its provisions.
F. Whenever in this Agreement words of obligation or duty are used (signified by the words “shall” or “must”), such words shall have the force and effect of covenants.
Parkland Agreement/Freedom Circle Page 17 of 18
Rev: January 10, 2024
Any obligation imposed by either Party shall include the imposition on such Party of the obligation to pay all costs and expenses necessary to perform such obligation.
G. This Agreement is entered into pursuant to and shall be governed by the Park and Recreational Land Ordinance. If not otherwise defined in this Agreement, capitalized terms shall have the meanings set forth in Chapter SCCC 17.35.
H. Amendment. City Manager, or designee, is authorized on behalf of City to execute any amendments pursuant to Section 3C of this Agreement.
I. Compliance with Laws. Developer certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Developer and that no person associated with Developer has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Developer is familiar with the provisions of California Government Code section 87100 and following and certifies that it does not know of any facts which would violate these code provisions. Developer will advise City if a conflict arises.
J. Fair Unemployment. Developer shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
K. No Use of City Name or Emblem. Developer shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
L. Governing Law and Venue. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, Santa Clara, California.
M. Severability Clause. In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
N. Estoppel Certificates. Either Party (the “requesting Party”) may, at any time, and from time to time, deliver written notice to the other Party (the “certifying Party”) requesting the certifying Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and is a binding obligation of the Parties, (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications, (iii) the Parkland Agreement/Freedom Circle Page 18 of 18
Rev: January 10, 2024
requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe the nature of any defaults and (iv) such other reasonable items as may be requested. The certifying Party receiving a request under this Section shall execute and return its certificate within thirty (30) days following receipt of the request. The Director shall be authorized to execute any certificate requested by Developer. Developer and City acknowledge that a certificate hereunder may be relied upon by any transferees, title companies, and lenders. Developer shall pay the City's reasonable costs involved in providing such estoppel certificate.
20. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
21. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Developer warrant and represent that they have the authority to execute this Agreement on behalf of Developer, and further represent that they have the authority to bind Developer to the performance of its obligations in this Agreement.
22. COUNTERPARTS
This Agreement may be executed in multiple originals, each of which is deemed an original, and may be signed in Counterparts.
[Remainder of Page Intentionally Blank; Signatures Follow] The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
CRE-GS FREEDOM CIRCLE PHASE I OWNER, LLC,
a Delaware limited liability company
Dated:
By (Signature):
Name:
Title:
Principal Place of
Business Address:
Email Address:
Telephone: ( )
Fax: ( )
“DEVELOPER”
* All signatures must be accompanied by an attached notary acknowledgement. * Proof of authorization for signatures is required to be submitted concurrently with this Agreement.
STATE OF CALIFORNIA )
) SS
COUNTY OF SANTA CLARA )
On _________________ before me _________________________________________, (Name, Title of officer – e.g. Jane Doe, Notary Public) personally appeared ____________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_________________________________ (Seal)
(Signature of Notary)
A-1
EXHIBIT A
DEVELOPMENT PROJECT SITE
[Placeholder for initial review purposes]
B-1
EXHIBIT B
LEGAL DESCRIPTION OF PARK SITE
[insert legal description for Parcel 4 from recorded Parcel Map before recording] 1\ FOU o, IRON_ Pl
~ SE:1 IN 100 ORETE ,. ·q,. R (~.1 )(~l)( •
FRl!!DOIM CIR·CLI!
(72' 'IIIDE)
J_ Etn
ro BE
XR'AlE I EKl1
,
~ .F, ,F.
(R1)
11,
r-t,
~ PARCEL 4
2.G14 A ES±
(FOR PAJlK PURPOSES)
T 'f,!QlE ANCHOfl
B?:57 0 . .
Vl'/C' TED B
I
Fl
SI
Pl
C-1
EXHIBIT C
PUBLIC PARK AND IMPROVEMENTS SITE PLAN DESIGN AND PHASING PLAN [Placeholder for Phasing for review purposes]
PARK PHASING OVERVIEW
~ .... II , /
J •
\ ~
\, .. ',, _r-~
PHASE 1
PHASE 2
PARK
SUMMARY AA!A
PHASE 1
PHASr:2
lURff09t.AV'FIElD
\ANOSCAPE:0$ FURN1$HEO
PARlC.U:[ QUIET AitE.A
PlAYGROUN0
SFORTSAREA
P\CN!CAREA
,HAS£ 1 t0M81Xt0 AREA Of U[M£NTS
PHAS£ 1 TOT At PARK AlttA
lANOSCAP£0& IURN!St-lEO
fAIIKUEQUITT AM:A
SPOR'T'SARf.\
OfF-lEASHCIOG AREA
PHASl :t.COM81X{O AREA O F l llM(NTS
PMAS.Et&2 TOTAL PAltKAIUA
AfOOMM[f.l>!l) PROPOSED COMMENTS
2t,7SOSF (0.5 .\CRE) 24,079SF 10.55ACRU CONTIGUOUS & lfNOBSTIWCTED 3513SFi0,(18 AQ:tE) l FURNl$H~0 PARK-I.I~ QtJIEf AREA
.SU PI.AYGFQUN0 P\ANS. 7,770SF J0.1S.AC11£J
7,C65SF 10.16 AC$1EJ BA9<1:TBAU., PICKl.fBALL
2,400SF 10.05 ACIIEJ
32,£70 Sf (0. 7S Aat.£) 44,8SO~ (1.03ACMS)
43Stl0 SF (1 ACIU) S9,980 Sf (1.la AQUS)
13.712SF 10.U AC.Rrt 3RJRNlstlEOPARlt·LIKf
Q.UIETAAEAS
l,170SFt0.03 AClif) l:OCCE BA.ll
3,705 SF (0.08) SIYALLOOG AREi\. • 1.l7SSF(O 2 ACRfl
1.A~E OOGAREA = 2,S~SF 10.o& Aef:te)
I S,587 SF (0..42 ACRE}
27,H3SF jO.iJ ACJlf)
17,120 SF (2 AC1t£S) l?,728 SFjl.01 AC:Rf.S)
D-1
EXHIBIT D
PRIVATE RECREATIONAL AMENITY SITE PLAN DESIGN
ALL BUILDINGS - OPEN SPACE AMEN ITY AREA MATRIX
SQ.UAltt FOOT AG( SQUARE FOOT4G( SQUARE FOOTAGE
81111.0lNGA AREA INCll>DtHG SET8ACK U<QUOING SUBACJ( 8UILOINGC AREA, INCLUDING SffBAOK fOOI. COQRTY ARO J3,,3)7Sf 12,()64Sf POOL COURTYARD 10,161 Sf' COURTYAROA l0.05-4Sf 7,877 Sf COOI\TYAA0/1 l),1705F
COlJl\1YAR08 S,134. Sf 3,999 SF 'TOTAi. 20,037Sf
TOTA.l 28,725 Sf 23,940Sf
SQUARE FOOTAGE SQ(,JAIU fQOTAG( SQUAIIEf OOTAGf
BUILO!NG B AREA INCLIJOING SfTBACK CXQ UOING SITBACIC INCLUDING SCTIA.CI!( POOL COURTY ARO 35,073 Sf 13,161 SF TOTAL 8J,06aSE
COURTYARD A 14,J90Sf ll,666SF
COUltTYAROB S,034SF 3J934 SF
TOTAL :I0.3005' 28i,76)$1"
BLDG A OPEN SPACE AMENITY AREA MATRIX
AREA
POOL COURTYARD
COURTYARD A
COURTYARDS
TCTAL
SQUARE FOOTAGE
INCLUDING SETBACK
13,337 SF
10,0S.4 SF
5,334 SF
28,725 SF
- - - - • 4' SETBACK FROM BUILDING
SQ(JARE fOOTAGE
CXQUOING SCTBACI(
9,298 SE
7,?llSf
17,ZO'JSF
$QUA.Rf r-OOTAGE
EXQ.UOtNG SCTBACK
69,910 .S.f
SQUARE FOOTAGE
EXCLUDING SETBACK
12,064 SF
7,877 SF
3,999 SF
23,940 SF
10 D-2
BLDG B OPEN SPACE AMENITY AREA MATRIX
SQUARE FOOTAGE SQUARE FOOTAGE
AREA INCLUDING SETBACK EXCLUDING SETBACK
POOL COURTYARD 15,073 SF 13,161 SF
COURTYARD A 14,190 SF 11,666 SF
COURTYARDS 5,034 SF 3,934 Sf
TOTAL 34,306SF 28,761 SF
----- 4' SETBACK FROM BUILDING
BLDG C OPEN SPACE AMENITY AREA MATRIX
SQUARE FOOTAGE
AREA INCLUDING SETBACK
POOL COURTYARD 10,767 SF
COURTYARD A 9,270 SF
TOTAL 20,037 SF
SQUARE FOOTAGE
EXCLUDING SETBACK
9,298 SF
7,911 SF
17,209 SF
- - - - • 4' SETBACK FROM BUILDING
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
E-1
EXHIBIT E
DESIGN AND CONSTRUCTION REQUIREMENTS
SECTION 1. DESIGN AND CONSTRUCTION REQUIREMENTS.
1. Plans and Specifications.
The design for the Park Improvements must be consistent with the conceptual design for the Park Improvements as depicted in Exhibit C. Developer shall design and construct the Park Improvements in accordance with the following:
1. City's Standard Specifications for Public Works Construction, on file with City's Department of Public Works. (input areas from the Public Works’ document that we know would not apply; request PW input & review when drafting a new agreement) References in the Standard Specifications to “Bidder” shall be deemed to mean “Developer.”
2. City’s Public Park Amenity and Design Standards (“Park Standards”), dated January 2019 (“Park Standards”) and on file with City’s Parks & Recreation Department. In the event that Developer does not submit the ninety percent (90%) Project Plans and Specifications for City’s review and approval within eighteen (18) months of the Effective Date of this Agreement and the Park Standards are then revised, Developer shall design and construct the Park Improvements in accordance with the revised Park Standards at no cost to the City.
2. Application of Plans and Specifications.
1. City’s Specifications, Park Standards and the Project Specifications shall be collectively referred to as the “Plans.” The Park Improvements shall be constructed in accordance with the Plans.
2. In the event of a conflict between the Park Standards and the City’s Specifications, the Park Standards shall prevail.
3. The provisions of this Agreement supersede anything to the contrary in either the City’s Specifications or the Park Standards.
3. Project Specification Approval Process.
1. The Project Plans and Specifications shall be submitted to the City in a timely manner in order to ensure that the Developer completes the Park Improvements on or before the completion date specified in this Agreement. Developer shall not construct any Park Improvements unless and until the Director approves the Project Specifications in writing. The approval process for the Project Specifications is more particularly set forth in the Park Standards.
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
E-2
2. City’s approval of the Plans shall not release Developer of the responsibility for the correction of mistakes, errors, or omissions contained in the Plans, including any mistakes, errors or omissions which may be the result of circumstances unforeseen at the time the Plans were developed or approved. If, during the course of construction of the Park Improvements, the Director determines in the Director’s reasonable discretion that public safety or improved park operation in compliance with applicable Code requires modification of, or the departure from, the Plans, the Director shall have the authority to require such modification or departure and to specify the manner in which the same may be made. The Parties acknowledge that the Plans, once approved by the Director, shall be final and that, except as expressly provided in this subsection, no revisions to the Plans shall be permitted for any reason whatsoever.
SECTION 2. PARTICULAR CONSTRUCTION REQUIREMENTS.
1. Developer Selection.
Developer may hire and contract with one or more contractor or subcontractor, licensed to perform such work in the State of California.
2. Prevailing Wage Requirement.
1. General Requirement: To the extent required by law with respect to the Park Improvements, Developer shall cause the construction of the Park Improvements and the payment of all wages in connection therewith to be in accordance with the provisions of California Labor Code §1720 through §1861 (collectively, the “Prevailing Wage Law”).
2. Indemnity: To the fullest extent permitted by law, Developer shall indemnify, defend and hold harmless the City Indemnitees from and against all liability, loss, damage, costs, or expenses (including reasonable attorneys’ fees and court costs), where the same arise out of, are a consequence of, are in connection with, or are in any way attributable to, in whole or in part, to:
i. Developer’s or the contractor’s failure to comply with all applicable laws, including all applicable federal and state labor standards, including, without limitation, the requirements of the Prevailing Wage Law and the Davis Bacon Act, if applicable.
ii. Defects in the design or construction of the Project, including (without limitation) the violation of any laws, and for defects in any work done according to the City approved plans.
iii. Any breach or failure to perform or act pursuant to this Agreement by Developer, or by any individual or entity that Developer shall engage in connection with the Project, including but not limited to officers, agents, employees or contractors of Developer. Notwithstanding the foregoing, *NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
E-3
Developer shall not be required to indemnify and hold harmless the City Indemnitees for liability attributable to the gross negligence or intentional misconduct of the City Indemnitees.
3. Contractors and Subcontractors: To the extent required by law, Developer shall expressly require compliance with the Prevailing Wage Requirement in all agreements it enters into with contractors and subcontractors for construction work on the Park Improvements. Developer acknowledges and agrees that it is responsible for compliance by its contractors and subcontractors of the Prevailing Wage Requirement.
4. Reporting Obligations: Developer shall provide to City, at no cost to City, a copy of any and all such records within ten (10) working days of City’s request for such records. In responding to a request by the City, Developer agrees that it is responsible for submitting the records of any and all of its contractors and subcontractors.
3. Remedies for Developer’s Breach Of Prevailing Wage Requirements.
1. General: Developer acknowledges City has determined that the Prevailing Wage Law promotes each of the following (collectively “Goals”):
i. It protects City job opportunities and stimulates City’s economy by reducing the incentive to recruit and pay a substandard wage to labor from distant, cheap-labor areas.
ii. It benefits the public through the superior efficiency of well-paid employees, whereas the payment of inadequate compensation tends to negatively affect the quality of services to City by fostering high turnover and instability in the workplace.
iii. Pay workers a wage that enables them not to live in poverty is beneficial to the health and welfare of all citizens of Santa Clara because it increases the ability of such workers to attain sustenance, decreases the amount of poverty and reduces the amount of taxpayer funded social services in Santa Clara.
iv. It increases competition by promoting a more level playing field among contractors with regard to the wages paid to workers.
2. Remedies: City and Developer recognize that Developer’s breach of the Prevailing Wage Law set forth above will cause damage to the City by undermining City’s goals in assuring timely payment of prevailing wages, and will cause City additional expenses in obtaining compliance and conducting audits, and that such damage would not be remedied by Developer’s payment of restitution to the worker paid less than the prevailing wage. Developer and City agree that such damage would increase the greater the number of employees not paid the applicable *NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
E-4
prevailing wage and the longer the amount of time over which such wages were not paid. City and Developer further recognize the delays, expense and difficulty involved in proving City’s actual losses in a legal proceeding, and mutually agree that making a precise determination of the amount of City’s damages as a result of Developer’s breach of the Wage Provision would be impracticable and/or extremely difficult. Accordingly, City and Developer agree that:
i. For each day after ten (10) working days that Developer fails to completely respond to a request by City to provide records as required by this Agreement, Developer shall pay to City as liquidated damages the sum of TWO HUNDRED FIFTY DOLLARS ($250.00); and
ii. For each instance where City has determined that the Prevailing Wage Requirements were not met, Developer shall pay to City as liquidated damages the sum of three (3) times the difference between the actual amount of wages paid and the prevailing wages which should have been paid.
3. Audit Rights: All records or documents required to be kept pursuant to this Agreement to verify compliance with the Prevailing Wage Requirement shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be available at Developer’s address indicated for receipt of notices in this Agreement.
4. Remedies Cumulative: The remedies set forth in this provision of the Agreement are cumulative and in addition to any other remedies set forth in the Prevailing Wage Requirements or otherwise permitted by law.
4. Conduct of Work.
1. Site Preparation & Condition. Any debris or compaction from previous use must be addressed as part of site preparation, cleaning and grading. Work must be verified by inspection by the City.
2. Appearance. Developer shall maintain a neat and clean work site. Broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling of disposable material is necessary, the material shall be retained in an area not readily visible to the public in a manner meeting the reasonable satisfaction of the Director.
3. Condition. Developer shall maintain the Site in a neat, clean, good, and safe condition prior to City's acceptance of the Park Improvements. Developer shall not dispose or cause the disposal of any Hazardous Substances on any of the Site.
Additionally, Developer shall take reasonable precautions to prevent the disposal *NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
E-5
of Hazardous Substances by third parties on any of the Site. The term “Hazardous Substances” is defined in Section 3 (A)(2) of this Exhibit.
4. Emergencies. In an emergency affecting the safety of persons or property, Developer shall act reasonably to prevent threatened damage, injury, or loss.
Developer shall immediately notify the City by telephone at the telephone number as directed by Director and in writing of such actions.
5. Access for Inspection.
1. Access. The Director or the Director’s designated representatives, including without limitation, staff from other City departments, shall at all times during the progress of work on the Park Improvements have free access to such improvements for inspection purposes. If the Director determines that all or any portion of the work done on the Park Improvements is not in compliance with the Plans, the Director shall notify Developer of the same and Developer shall promptly cure such defect to the Director’s reasonable satisfaction. Such notifications shall be made to the Developer and his on-site representatives to not unduly interfere with ongoing construction work.
2. Representatives.
i. Prior to commencement of work on the Park Improvements, Developer shall designate in writing an authorized representative who shall have the authority to represent and act for Developer. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Director shall be made for any emergency work which may be required. In addition, Developer shall provide Director with the names and telephone numbers of at least two (2) individuals in charge of or responsible for the work who can be reached personally in case of emergency twenty-four (24) hours a day, seven (7) days a week.
ii. The Director shall also designate one or more authorized representatives who shall have the authority to represent the Director. Developer's authorized representative shall be present at the site of the work at such reasonable times as designated by the Director. Prior to commencement of the work, the Parties shall mutually agree to an inspection schedule, which schedule may be adjusted from time to time by mutual agreement. iii. Whenever the Developer or its authorized representative is not present on any particular part of the work where it becomes necessary to give direction for safety reasons, the Director shall have the right to give such orders which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given. Any order given by the Director will, on request of the Developer, be given or confirmed by the Director in writing.
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
E-6
iv. City's rights under this Agreement shall not make the Developer an agent of the City, and the liability of the Developer for all damages to persons or to public or private property arising from Developer's execution of the work, shall not be lessened because of the exercise by City of its rights.
6. Acceptance of Park Improvements.
The Park Improvements shall be completed in accordance with the provisions of this Agreement to the reasonable satisfaction of the Director.
1. City agrees to inspect and prepare a punch list for the Park Improvements within ten (10) business days of notification by Developer that the Developer considers the construction of the Park Improvements to be complete. City further agrees to perform its final inspection within ten (10) business days of notification by Developer that all punch list work has been completed.
2. City will process acceptance documentation in a form substantially similar to Exhibit J (Certificate of Acceptance- Exhibit J) within ten (10) business days of the date of City’s final inspection or the date upon which the Developer returns to City the appropriate signed acceptance documentation, whichever is later, provided that:
i. City finds that all punch list work has been satisfactorily completed; and ii. Developer has performed and satisfied any and all terms, conditions, and obligations required under this Agreement prior to acceptance of the Park Improvements, including but not limited to, the requirements for dedication of the Park Sites as outlined in Section 2(G) of this Exhibit below; and iii. Developer has provided the Director with a full as-built plan set and a corresponding Computer- Aided Design (CAD) file (“record plans”) corresponding copies of any and all warranties, and the like (such warranties shall be in the name of the City), and corresponding copies of any and all operating manuals for equipment installed as part of the Park Improvements.
3. The Parties acknowledge that City's restrictions on the installation of landscaping because of future drought conditions may delay Developer's installation of the landscaping contemplated by this Agreement. If, due to drought restrictions, Developer is unable to install the landscaping in time to be inspected by the Director for the purposes of accepting the completed Park Improvements, Developer shall post a bond or other form of security as set forth in Section 9 of this Agreement. i. Should a drought emergency be declared that affects the ability to complete the park landscaping, Developer shall consult with City Water & Sewer Department and Parks & Recreation Department to obtain guidance and/or direction on a plan to complete Park.
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
E-7
7. Park Site.
1. Developer shall provide each of the following to the Director, subject to the approval of the Director, prior to City's acceptance of the Park Site and Park Improvements:
i. A preliminary report for the Park Site by a reputable title company and a responsive escrow and title officer. Developer shall coordinate with City and provide a preliminary title report at least ninety (90) days prior to execution of this Agreement and an updated title report at least ninety (90) days prior to the anticipated completion of the Park Improvements. ii. A Grant Deed for the Park Site containing the legal description of the Park Site, as approved by City Surveyor or City designee, properly executed and acknowledged, subject only to the exceptions to title, if any, approved by City Manager pursuant to which a fee simple estate in Park Site shall be conveyed to City. Title to the Park Site shall be vested in City free and clear of all title defects, liens, encumbrances, conditions, covenants, restrictions, and other adverse interests of record or known to Developer, subject only to those exceptions affecting the Park Site approved by City Manager, in writing, or listed in this Exhibit (“Permitted Exceptions”). The Grant Deed, subject to approval of City, for the Park Site shall be delivered to the City Manager or designee at least ninety (90) days prior to the anticipated completion of the Park Improvements.
iii. Developer shall also cause to be provided to City, concurrently with the conveyance of the Park Site to City, a A.L.T.A. standard owner’s form policy of title insurance issued by a reputable title company with City named as the insured, in the amount of [fill in amount: equal to the current land value plus actual costs to improve the park] Thousand Dollars ($XXXXXX) insuring the title of City to the Park Site is subject to only the Permitted Exceptions.
iv. Any and all reports related to the condition of the Park Site and the lands adjacent to the Park Site caused to be performed by the Developer or in the Developer's possession or control. Developer shall also provide to City, at the Developer’s sole cost, a report, prepared or updated no earlier than twelve (12) months before the proposed acceptance of the Park Improvements by a qualified consultant analyzing the condition of the Park Site with respect to the presence of hazardous materials and other known deleterious conditions on or adjacent to the Park Site (“Hazardous Materials Report”). The definition of Hazardous Materials for purposes of this Agreement is set forth in Section 3 (A)(2) of this Exhibit. The scope of the Hazardous Materials Report shall, at minimum, contain the elements set forth below in Section 4.
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
E-8
v. In the event that the Hazardous Materials Report(s) disclose(s) the presence of Hazardous Materials on any of the Park Site in excess of generally accepted environmental screening limits for park land uses, (e.g.
Environmental Screening Limits and California Human Health Screening Limits) and/or in violation of any hazardous materials/waste laws, the Director shall have the right to require Developer, as a condition of acceptance, to remediate the condition, including without limitation, removal of the Hazardous Materials. The type of remediation required for the Park Site shall be at no cost to the City and be subject to the review and approval of the Director.
vi. The Environmental Warranty specified in Section 3 of this Exhibit. vii. Documents evidencing the authority of the signatory(ies) to execute any agreement or other legal binding documents on behalf of Developer.
2. Upon the Director acceptance of the Park Site and Park Improvements, Developer shall have no further obligations in connection with the Park Site except for the terms, conditions, or obligations of this Agreement that explicitly survives acceptance or termination.
8. Compliance With Laws/Permits.
1. Developer shall keep fully informed of all existing and future local, state, and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work on the Park Improvements, or the materials used in the Park Improvements, or which in any way affect the conduct of the work on the Park Improvements, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. In the performance of any work pursuant to this Agreement, Developer shall at all times observe and comply with, and shall cause all Developer's employees, agents, representatives, contractors and subcontractors to observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or authority over the work. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order, or decree, Developer shall promptly report the same to the Director.
2. Developer shall, at its sole cost and expense, obtain all governmental reviews and approvals, licenses, and permits which are, or may be, required and necessary to construct and complete the Park Improvements in accordance with the provisions of this Agreement, including, but not limited to, site development reviews, development permits and environmental review. Developer shall comply with all conditions, restrictions or contingencies imposed upon, or attached to, such governmental approvals, licenses, and permits. If Developer for any reason fails to comply with any of City's requirements, or any other legal requirement concerning Developer's construction of the Park Improvements, then City shall have the right *NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
E-9
to require Developer to alter, repair, or replace any improvements or perform any other action to the satisfaction of the Director as reasonably required to correct any non-compliance of the Park Improvements with legal requirements or this Agreement and at no cost to City. Developer's failure to effect the cure as required by the Director shall constitute an Event of Default in accordance with Section 7 of this Agreement.
SECTION 3. ENVIRONMENTAL WARRANTY.
1. By executing this Agreement, Developer warrants and agrees that, prior to the City’s acceptance of the Park Improvements and dedication of the Park Site:
1. Neither the Site nor Developer are in violation of any environmental law, and neither the Site nor Developer are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the Park Site.
2. Neither Developer nor any other person with Developer’s permission to be upon the Site shall use, generate, manufacture, produce, or release, on, under, or about the Park Site, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “hazardous substances” or “hazardous materials” shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
3. Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the Park Site or the property on which the Park Improvements are to be constructed, or the migration of any Hazardous Substance from or to any other property adjacent to, or in the vicinity of, the Park Site.
4. Developer’s prior and present use of the Park Site has not resulted in the release of any Hazardous Substance on, under, about, or adjacent to the Park Site.
5. Neither the Park Site nor Park Improvements located on the Park Site shall be subject to any monitoring, reporting, or restrictions whatsoever by any governmental authority with jurisdiction over the Park Site, including but not limited to, the California Department of Toxic Substances Control and California Regional Water Quality Control Board.
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
E-10
6. Subject to Section 2(G)(1)(b) of this Exhibit, neither the Park Site nor Park Improvements located on the Park Site shall be subject to any burden, easements, covenants or restrictions recorded against any part of the Park Improvements or Park Site.
2. Developer shall give prompt written notice to City of:
1. Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any Hazardous Substance on the Park Site or the migration thereof from or to any other property adjacent to, or in the vicinity of, the Park Site; and
2. Any claims made or threatened by any third party against Developer, City or the Park Site relating to any loss or injury resulting from any Hazardous Substance; and
3. Developer’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the Park Site that could cause the Park Site or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
SECTION 4. HAZARDOUS MATERIALS REPORT.
1. Scope of Hazardous Materials Report.
The Hazardous Materials Report shall be in two phases, Phase I Environmental Site Assessment (“ESA”) and, if necessary, Phase II ESA. The Phase I ESA shall be conducted utilizing standards of All Appropriate Inquiry (EPA) and ASTM 1527-05 which, in general, provide the information identified below regarding the condition of the Park Site with respect to the presence or likely presence of any Hazardous Materials on, under, above, or about the Park Site, including the past, current, or possible release of any Hazardous Materials on, under, above, or about the Park Site.
1. The historical usage of the Park Site and adjacent parcels dating back to the Park Site’s first developed use (including any agricultural use) or 1940, whichever is earlier.
2. Results of the site visits pertaining to the current condition of the Park Site, including without limitation, any observed storage, handling, or release of any Hazardous Materials on, under, above, or about the Park Site, or evidence indicating possible past or current storage, handling, or release of any Hazardous Materials on, under, above, or about the Park Site.
3. Results of the review of all reasonably available historical documents and records of regulatory agencies concerning the storage, handling, or release of any Hazardous Materials and/or contamination of any or all of the Park Site. *NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
E-11
4. Based on the findings of items 1 - 3 above, additional investigation including, without limitation, soil and/or groundwater sampling and chemical analysis could be required by City. The sampling and analysis plan, which includes, the number and depths of soil borings that might be required shall be subject to the review and approval of City.
5. A written report shall be prepared by a licensed environmental professional presenting results of the Phase I ESA. The report shall include any chemical analysis which may have been completed during the survey along with chain of custody documentation, soil boring logs if required and recommendations for any further investigation and remediation/source control necessary on the Park Site.
2. Phase II ESA (if necessary).
A definitive scope of services for the Phase II ESA cannot be determined until completion of the Phase I ESA, as the extent and type of further investigation will be determined by the Phase I ESA findings. The following tasks serve only as preliminary guidelines for potential Phase II investigation and are subject to revision upon City's review and approval of the Phase I ESA (Hazardous Materials Report). It is possible that no Phase II investigation will be necessary.
1. Soil and Groundwater Sampling and Analysis.
Depending on the results of the Phase I ESA, it may be necessary to sample and analyze the soil and/or groundwater on-site. If such analysis is necessary, a sampling and analysis plan shall be prepared and approved by City that shall define a sufficient number of samples to be collected and analyzed to allow for an adequate characterization of the environmental condition of the Site. Soil and/or groundwater samples shall be analyzed for petroleum hydrocarbons, selected metals, volatile organic compounds, or any other potential contaminant of concern as identified in the Phase I ESA.
Soil and/or groundwater sample shall be collected utilizing typical professional protocols and submitted to an EPA certified laboratory for analysis.
2. Report Preparation.
A written report shall be prepared presenting the results of the Phase II investigation. The report shall include results from any chemical analysis completed during the investigation, along with chain-of-custody documentation, boring logs of sampling locations or from any monitoring wells completed, and recommendations for any further investigation and remediation/source control necessary on the site.
3. Report on any Remediation Work.
A written report shall be prepared presenting the results of any remediation work resulting from a Phase II investigation. The report shall include results from any *NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
E-12
chemical analysis completed during the survey, along with chain-of-custody documentation, boring logs of sampling locations or from any monitoring wells completed, and that any recommendations for any further investigation and remediation/source control necessary on the Park Site have been completed. *NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
F-1
EXHIBIT F
PARKLAND REQUIREMENTS, FEES AND CREDIT SUMMARY
The Greystar Project will develop 1,079 dwelling unit generating an estimated 2,590 new residents (1,079 multi-family units at 2.4 persons/unit density is 2,590 persons). Based on the City’s Mitigation Fee Act (MFA) standard of 2.6 acres of public neighborhood and community parkland per 1,000 residents, the Project is required to dedicate 6.733 acres of public parkland, pay an equivalent fee due in lieu of the total parkland dedication in the amount of $33,360,522, or a combination of both.
In lieu fees are published in the Municipal Fee Schedule.
The developer has proposed to meet the required 6.7609 acres of parkland dedication through a combination of a public park totaling approximately 2.014 acres, private recreational amenities totaling 1.922 acres (eligible for 50% credit), and a mitigation fee payment of $21,356,582 for the remaining obligation.
In summary, the calculations above are:
$33,360,522 Fee Due In Lieu of Parkland Dedication
$ 8,126,320 Value of Dedicated Parkland
$ 3,877,620 Credit for Private Recreational Amenities
$21,356,582 Mitigation Fee Payment for Remaining Obligation Table 1. Computation of Parkland Dedication
Project Unit Type: Multi-Family Dwelling Mitigation Fee Act Persons/Dwelling Type 2.4
Multi-Family Project Units 1079
Residents 2590
Parkland Dedication Required(acres): R/1000x2.53 6.733
Fee In Lieu of Parkland Dedication $33,360,522
Table 2. Public Parkland Dedications Proposed, Service Level Parkland Proposed Square Feet Acres Type of
dedication
Neighborhood Park 87,728 2.014 Fee Title
Total to be dedicated 87,728 2.014
Total Proposed Dedicated Public Parkland Value: $8,027,229 (87,728 sq. ft. -1,071 sq. ft. portion of the sidewalk included in the park parcel that should be deducted from credit = 86,657 sq. ft.) *NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
F-2
Table 3. Credit for proposed Private On-site Park & Rec "Active Rec Uses" Sq. Ft. Acres
Building A
Podium Small Courtyard: family picnic area
landscaped and furnished, park-like quiet area fitness area 3,967 0.0911 Podium Large Courtyard: family picnic area
landscaped and furnished, park-like quiet area games/sport court/bocce court
7,954 0.1826
Podium Outside of Pool Enclosure: family picnic area fitness area 3,809 0.0874
Podium: accessible swimming pool family picnic area
8,323 0.1911
Podium Fitness Room: gym equipment, workout space
2,000 0.0459
Podium Club Room: gathering/activity area, kitchen, game room, media center 2,100 0.0482
Podium Small Fitness Room: yoga space, spin cycles
750 0.0172
Building B
Podium Small Courtyard: family picnic area
landscaped and furnished, park-like quiet area 4,072 0.0935 Podium Large Courtyard: family picnic area
landscaped and furnished, park-like quiet area 11,892 0.2730 Podium Courtyard Outside of Pool Enclosure: family picnic area fitness area
7,249 0.1664
Podium: accessible swimming pool family picnic area
6,110 0.1403
Podium Fitness Room: gym equipment/workout space
1,985 0.0456
Podium Club Room: gathering/activity area, kitchen, game room, media center 2,200 0.0505
Building C
Podium Large Courtyard: family picnic area
landscaped and furnished, park-like quiet area fitness area 7,577 0.1739 Podium: accessible swimming pool family picnic area
fitness area 9,284 0.2131
Level 2 Fitness Room: gym equipment, workout space
2,050 0.0471
Podium Club Room: gathering/activity area, kitchen, game room, media center 2,400 0.0551
Total 83,722 1.9220
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
F-3
Credit 50% for private Active Recreation & Value 0.9610 $ 3,877,620 Parkland Value Deficit after Credit $ 21,455673
Building A B C
MFA Units 364 399 316
Gross Park Fee* $11,254,152 $12,336,282 $9,770,088
(Park Dedication
Credit -100% at
completion of Phase 1
and 2)
3 ($8,106,404**)
(50% of Park
Dedication at
completion of Phase
1; remaining 50% at
completion of Phase
2)
4 **) This should
be the value of the
lily pad, not 50%
of the park.
7 **) This should
include the other
50% of the lily
pad plus the
balance of the park
acreage not
included in the lily
pad.
(Private Recreation
Credit – 50% of
private amenities)
1 ($1,338,655) These
elements do not meet the
min req. of ¾ acre for
credit. If this is the last
bldg. to be constructed,
full credit will be
applied. If it is the
second bldg. constructed,
the credit will be carried
forward & combined
with the credit for the
next bldg. constructed.
5 ($1,551,937)
Add the value of
50% of the lily
pad acreage to
this number.
8 ($987,028)
These elements do
not meet the min
req. of ¾ acre for
credit. If this is the
last bldg. to be
constructed, full
credit will be
applied. If it is the
second bldg.
constructed, the
credit will be
carried forward &
combined with the
credit for the next
bldg. constructed.
Net Park In Lieu Fee
Due at Final
Inspection on a Pro
Rata Basis***
2 $$11,254,152
if not eligible for credit
until a later phase. If this
is the last bldg.
constructed:
$11,254,152-
6 $
$12,336,282
minus $1,551,937
minus the value
of 50% of the lily
pad acreage
9 $
If this bldg. is
constructed after
Bldg. B:
$9,770,088 minus
value of 50% of
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
F-4
1 $1,338,655-
8 $987,028 =
$8,928,469
equals the
Balance Due
the lily pad minus
the value of
balance of the park
acreage equals the
Balance Due. The
remaining credit
for private
amenities would
be carried over to
the calculations
for bldg. A.
*Per Santa Clara City Code Section 17.35 Resolution No. ____ (FY 2020/2021). **Pursuant to Section 4(F) of this Agreement, the first of Building B or Building C will install Phase 1 of the Park and received 50% park credit as a private recreation credit and the second will complete Phase 2 and receive the remaining 50% credit. ***Pursuant to Mitigation Fee Act, Government Code Section 66007(a), as amended and expanded by SB 937, all park in lieu fees are due at final inspection for each Building.
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
G-1
EXHIBIT G
PARKS & RECREATION DEPARTMENT CONDITIONS OF APPROVAL
*Please note the Conditions of Approval below represent those required by the Park and Recreation Department. Other Conditions of Approval by other City departments still apply.
PR1. This memo assumes the Project is not a subdivision and the Mitigation Fee Act (MFA) provisions will apply. The project will generate an estimated [2580] residents (2.4 persons/household x 1075 units). Based on the MFA standard of 2.6 acres/1000 residents, the amount of public parkland required for this Project to mitigate the impact of the new resident demand is approximately 6.7 acres. The equivalent fee due in lieu of parkland dedication is therefore $33,236,850.
PR2. In lieu fees imposed under Chapter 17.35 shall be due and payable to the City prior to issuance of a building permit for each dwelling unit.
PR3. Application for Credit. This project includes 83,722sf, or 1.961 acres, after deducting 4-foot set-back, of private active recreational amenities and will receive credit at 50%, or 41,861sf, or 0.961 acres. See Table 3.
PR4. The balance of fees due in lieu of parkland dedication is $21,232,910.
PR5. The public park must be programmed and constructed to the “Park Amenity & Design Standards” and City standards.
PR6. Park plans as submitted are considered a “conceptual design” and developer will present public park schematic design plans to the Parks & Recreation Commission for their review and recommendation to City Council.
PR7. Developer to enter into a Park Improvement Agreement and a Park Maintenance Agreement which will be submitted to Council for approval before park construction begins.
PR8. The children’s play area should have separate areas serving ages 2-5 and 6-12 that include the six + one elements of play (climbing, balancing, spinning, brachiating, swinging, sliding, and running/free play/imagination).
PR9. Developer to submit park construction plans to the City for review and approval after review by the Parks and Recreation Commission and prior to starting park construction.
PR10. Developer will maintain Public Park in perpetuity at sole cost to Developer.
PR11. Provide soil reports to City for proposed public park area.
PR12. Developer will provide City with GIS/Enterprise Asset Management System (EAMS) data for the public park facilities. The base map and design elements/assets should meet the City data dictionary definitions for each asset.
PR13. A dwelling unit tax (DUT) is also due based on the number of units and additional bedrooms per City Code Chapter 3.15. The Project mix includes 170 studio units, 597 one-bedroom units and 308 two-bedroom units for a total DUT of $17,665.
PR14. A drinking fountain/dog bowl/bottle filler combination is required in the park. The drinking fountain shall have an ADA and standard height options.
PR15. Utilities in the park parcel shall only service the park parcel and all other utilities shall be removed from the park parcel.
PR16. The fire hydrant shall be removed from the park parcel. *NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
G-2
PR17. The Underground Electric Easement, Private Ingress/Egress Easement, Emergency Vehicle Access Easement, and power pole anchor easement shall not be in the park parcel.
See details below…
Table 1. Computation of Parkland Dedication
Project Unit Type: Multi Fam Dwelling Mitigation Fee Act Persons/Dwelling Type 2.4
Multi Family Project Units 1075
Total New Residents 2580
Parkland Dedication Required (acres): R/1,000 x 2.6 6.7080 Equivalent In Lieu Fee $33,236,850
Balance of Fees Due in lieu of Parkland Dedication: $21,232,910 Table 2. Public Parkland Dedications Proposed, Service Level Parkland Proposed Square Feet Acres Type of Dedication
Neighborhood Park 87,728 2.014 Fee Title
Total to be dedicated: 87,728 2.014
Total Proposed Dedicated Public Parkland Value: $8,126,320 Table 3. Credit for Proposed Private Onsite Park & Recreation “Active Rec Uses” Square
Feet
Acres
Building A
Podium Small Courtyard: family picnic area
landscaped and furnished, park-like quiet area fitness area 3,967 0.0911
Podium Large Courtyard: family picnic area
landscaped and furnished, park-like quiet area games/sport court/bocce court
7,954 0.1826
Podium Outside of Pool Enclosure: family picnic area fitness area 3,809 0.0874 Podium: accessible swimming pool family picnic area 8,323 0.1911 Podium Fitness Room: gym equipment, workout space 2,000 0.0459 Podium Club Room: gathering/activity area, kitchen, game room, media center
2,100 0.0482
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
G-3
Podium Small Fitness Room: yoga space, spin cycles 750 0.0172 Building B
Podium Small Courtyard: family picnic area
landscaped and furnished, park-like quiet area
4,072 0.0935
Podium Large Courtyard: family picnic area
landscaped and furnished, park-like quiet area
11,892 0.2730
Podium Courtyard Outside of Pool Enclosure: family picnic area fitness area
7,249 0.1664
Podium: accessible swimming pool family picnic area 6,110 0.1403 Podium Fitness Room: gym equipment/workout space 1,985 0.0456 Podium Club Room: gathering/activity area, kitchen, game room, media
center
2,200 0.0505
Building C
Podium Large Courtyard: family picnic area
landscaped and furnished, park-like quiet area fitness area 7,577 0.1739
Podium: accessible swimming pool family picnic area
fitness area
9,284 0.2131
Level 2 Fitness Room: gym equipment, workout space 2,050 0.0471 Podium Club Room: gathering/activity area, kitchen, game room, media center
2,400 0.0551
Total: 83,722 1.9220
Credit at 50% for Private Active Recreation & Equivalent Value: 0.961 acres $3,877,620 Balance of Fees Due in lieu of Parkland Dedication: I $21,232,910 *NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
H-1
EXHIBIT H
BOND FORMS
(developer to provide)
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
H-2
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
I-1
EXHIBIT I
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 each occurrence
$1,000,000 general aggregate
$1,000,000 products/completed operations aggregate
$1,000,000 personal injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 OJ, with minimum policy limits of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
I-2
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with the following limits: at least one million dollars ($1,000,000) policy limit Illness/Injury by disease, and one million dollars ($1,000,000) for each Accident/Bodily Injury.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
I. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy procured by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other applicable insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other applicable insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non- payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non- renewal.
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
I-3
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of nonrenewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit D, above.
E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree asfollows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at their respective sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such *NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
I-4
insurance coverage shall be maintained with insurers, and under forms of policies, reasonably satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara Parks & Recreation Department
P.O. Box I 00085 - S2 or I Ebix Way
Duluth, GA 30096 John's Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
H. QUALIFYING INSURERS
All ofthe insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) orshall be an insurance Contractor of equal financial stability that is approved by the City or its insurance compliance representatives.
*NOTE: Remove this header when final Agreement completed. DRAFT
PARKLAND AGREEMENT
J-1
EXHIBIT J
SAMPLE CERTIFICATE OF ACCEPTANCE
CERTIFICATE OF ACCEPTANCE
GRANT DEED
Pursuant to California Government Code Section 27281, this is to certify that the interest in real property conveyed by deed or grant dated ____________________, 202__ from *insert name, a[n] choose one: _________ (enter State name) corporation / limited liability company / partnership / individual to the City of Santa Clara, California, a chartered municipal California corporation (“City”) is hereby accepted by the undersigned officer on behalf of the City Council of the City pursuant to authority conferred by City Council action on *insert date of Council action; and the City as Grantee consents to recordation by its duly authorized officer.
DATED: This _______ day of __________________, 202__.
APPROVED AS TO FORM:
_______________________ _______________________
GLEN R. GOOGINS JŌVAN D. GROGAN
City Attorney City Manager
City of Santa Clara
1111
RECORD WITHOUT FEE
PURSUANT TO GOVERNMENT CODE§ 6103
RECORDING REQUESTED BY:
Office of the City Attorney
City of Santa Clara, California
WHEN RECORDED, MAIL TO:
City of Santa Clara
City Clerk’s Office
1500 Warburton Avenue
Santa Clara, California 95050
Form per Gov’t Code Section 27361.6 SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY The undersigned declares that this document is recorded at the request of and for the benefit of the City of Santa Clara and therefore is exempt from the payment of the recording fee pursuant to Government Code §6103 and 27383 and from the payment of the Documentary Transfer Tax pursuant to Revenue and Taxation Code §11922.
PARK MAINTENANCE AGREEMENT
BY AND BETWEEN
THE CITY OF SANTA CLARA,
a chartered California municipal corporation,
AND
CRE-GS FREEDOM CIRCLE PHASE I OWNER, LLC
This Park Maintenance Agreement (“Agreement”) is entered into by and between CITY OF SANTA CLARA (“City”), a chartered California municipal corporation, and CRE-GS FREEDOM CIRCLE PHASE I OWNER, LLC (“Contractor”), (collectively the “Parties”) and is effective on the date set forth in Section 3.
RECITALS
City and Contractor enter into this Agreement based on the following facts, understandings and intentions, and the following recitals are a substantive part of this Agreement:
A. WHEREAS, Contractor is developing residential project as part of the project located at 3925 (but also referred to as 3905) Freedom Circle described in File Number PLN2017- 12516 in the City (“Project”) which includes the approximately 13.4-acre real property identified on Exhibit A (“Project Property”); and
B. WHEREAS, the Project includes an approximately 2.014-acre public park and Parties have signed that certain agreement termed the Parkland Agreement, wherein Contractor has agreed to dedicate that real property located in the City described as Parcel 4 in that certain Parcel Map recorded on _____, 2025, and more particularly described in Exhibit B attached hereto (the “Park Site”) and construct public park improvements on the Park Site substantially in accordance with those specified in the Public Park Improvements Site Plan set forth in Exhibit C to this Agreement (the “Park Improvements”); and C. WHEREAS, the Project will, in part, meet its parkland dedication requirements through the dedication of a park, and, as a condition of approval of the Project, Contractor has voluntarily agreed to assist with and pay for the maintenance, repair, and/or replacement of the Park Improvements on the Park Site under the terms of this Agreement; and D. WHEREAS, the Project consists of three multi-family buildings on three separate parcels, referred to as Building A, Building B and Building C, within the Property, which are anticipated to be owned, built and operated over time by up to three separate entities and their assigns, and, therefore, at the point that the Property is owned by more than one legal entity, all common area maintenance, including the parkland maintenance obligations under this Agreement, will then be performed by a duly-formed Property Owners Association (“POA”) in accordance with those certain Conditions, Covenants and Restrictions (“CC&Rs”) that will allow common area maintenance, including the parkland maintenance obligations under this Agreement, to be shared among the future owners of Buildings A, B and C.