COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:
1. Cooperative/Piggyback
Name:
National Cooperative Purchasing Alliance (“NCPA”)
2. Contractor: DEMCO, In c.
3. Cooperative Agency
Agreement Name and
Agreement Number:
NCPA 07-24 (Demco code C20601)
4. Cooperative Agency Initial
Agreement T
erm:
Start Date: 10/01/2015
End Date: 10/31/2018
5. Cooperative Agency’s
Agreement-Options to
extend:
May be renewed for up to five
(5) additional one-year
terms, however, the Agreement, including any
extensions, shall not go beyond the eight years as a
total term.
6. Cooperative Agency
Amended Term:
Year five contract renewal amended with the
expiration date of 10/31/2023
7. Cooperative Agency
Remaining Options to
Renew:
None
8. City of Stockton
Cooperative Purchase
A
greement Term:
Start Date: 04/28/2020
End Date: 10/31/2023
9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:
Not to Exceed $301,784.29 for the term of the
Agreement.
AGREEMENT
The City of Stockton, a California munici pal corporation on behal f of itself and its associated entities ("City") , and the above-named Contractor (“Contractor”), do hereby agree that City shall be grant ed the pricing, terms, and conditions under the above referenced NCPA 07-24 (Demco Code 20601) (“COOP”) as such may be amended from time to time. The COOP and associated documents refer enced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).
ATTACHMENT A
Contractor shall grant such pricing, terms, and conditions to City for all procurements of
goods and services, whether taking place on a City purchase order , purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.
1. Agreement Term: The Term of this Agreement shall remain in effect from date of attest through 10/31/2023 unless terminated earlier by the City.
2. Insurance and Hold Harmless: In addition to the prici ng, terms and conditions stated in the COOP and the associated docu ments incorporated herein as Exhibit A, Contractor shall, at Contra ctor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.
To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees, agents, and volunteers, against any and all liability, clai ms, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification oblig ations of this section shall survive the termination of this Agreement.
3. Compensation: City and Contractor do hereby enter into this Agreement for Furniture, Fixtures, and E quipment for the Northeast Li brary and Community Center available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to the Contractor during the term of this Agreement exceed $301,784.29 for the purchase of furniture, fixtures, and equipment. Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.
4. Governing Law. California law shal l govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
///
///
///
///
///
///
ATTACHMENT A
This Agreement may be amended only by a written amendment, c onsistent with the COOP, signed by Contractor and City.
CITY OF STOCKTON DEMCO
By:
__________________________
Harry Black, City Manager Signature
____________________________
Kristopher L. Snow
ATTEST: Title: Contracts Facilitator________
___
_________________________ [If Contractor is a corporation, signatures must Eliza R. Garza CMC, City Clerk comply with Corporations Code §313] APPROVED AS TO FORM: DEMCO, Inc.
By: __________________________
___________________________ Sig
nature
City Attorney
Mike Wygocki______________
Print name
Title: Executive Director of Customer
Services
ATTACHMENT A
EXHIBIT A
Attachment A
EXHIBIT A
NATIONAL COOPERATIVE PURCHASING ALLIANCE (NCPA”) AND DEMCO
1. RFP for Furniture‐ Solicitation 14‐15 by Region 14 Education Service Center
2. Demco Response dated 9‐4‐2015
3. Region 14 Education Service Center Award Letter dated 10‐1‐2015
4. Region 14 Education Service Center Award Letter dated 8‐1‐2018
5. Region 14 Education Service Center Award Letter dated 7‐1‐2021
6. Modification Letter dated August 17, 2021
Attachment A
Request for Proposal (RFP) for Furniture
Solicitation Number: 14-15
Publication Date: Thursday, July 30th, 2015
Notice to Respondent:
Submittal Deadline: Thursday, September 10th, 2015 2:00 pm CST Questions regarding this solicitation must be submitted to [email protected] no later than Thursday, September 3rd, 2015. All questions and answers will be posted to http://www.ncpa.us/ solicitations.
It is the intention of Region 14 Education Service Center (herein "Region 14 ESC") to establish a Master Agreement for Furniture for use by Region 14 ESC and other public agencies supported under this contract. This Request for Proposal is issued on behalf of the National Cooperative Purchasing Alliance through a public agency clause, which provides that any county, city, special district, local government, school district, private K-12 school, higher education institution, state, other government agency, healthcare organization or nonprofit organization may purchase Products and Services through this contract. Respondents will be required to execute the NCPA Administration Agreement upon award.
This contract will allow agencies to purchase on an "as needed" basis from a competitively awarded contract. Respondents are requested to submit their total line of available products and services. While this solicitation specifically covers Furniture, respondents are encouraged to submit an offering on any or and all products and services available that they currently perform in their normal course of business.
Responses shall be received no later than the submittal deadline in the offices of Region 14 ESC at the address below:
Region 14 Education Service Center
1850 Highway 351
Abilene, Texas 79601
Immediately following the deadline, all responses will be publically opened and the respondents recorded. Any response received later than the specified deadline, whether delivered in person or mailed, will be disqualified. Faxed or electronically submitted responses cannot be accepted.
Responses must be sealed and plainly marked with the company name and the opening date and time.
Two (2) bound and signed copies of the proposals and Two (2) electronic copies on CD, DVD, or flash drives (i.e. pin or jump drives) shall be provided.
Attachment A
Competitive Solicitation by
Region 14 Education Service Center
For
Furniture
On behalf of itself and other Government Agencies
And made available through the
National Cooperative Purchasing Alliance
RFP # 14-15
National Cooperative Purchasing Alliance
Attachment A
Introduction / Scope
♦ Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and non profit organizations (herein "Public Agency" or collectively "Public Agencies") is soliciting proposals from qualified vendors to enter into a Master Agreement for a complete line of Furniture.
♦ Region 14 ESC, as the lead public agency, has partnered with NCPA to make the resultant contract available to all participating agencies in the United States. NCPA provides marketing and administrative support for the awarded vendor that promotes the successful vendor's products and services to Public Agencies nationwide. The Vendor will execute the NCPA Administration Agreement (Tab 2) upon award. Vendor should thoroughly review all documents and note any exceptions to NCPA terms and conditions in their proposal. ♦ Awarded vendor(s) shall perform covered services under the terms of this agreement Respondents shall provide pricing based on a discount from their standard pricing schedules for products and/or services offered. Electronic Catalog and/or price lists must accompany the proposal. Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply. Additional pricing and/or discounts may be included. ♦ Each service proposed is to be priced separately with all ineligible items identified. Services may be awarded to multiple vendors. Respondents may elect to limit their proposals to a single service within any category, or multiple services within any and all categories. ♦ National Cooperative Purchasing Alliance (NCPA)
► The National Cooperative Purchasing Alliance (herein "NCPA") assists public agencies to increase their efficiency and reduce their costs when procuring goods and services. This is accomplished by awarding competitively solicited contracts that are leveraged nationally by combining the volumes and purchasing power of entities nationwide. Our contracts are available for use by any entity that must comply with procurement laws and regulations. ♦ It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this RFP. ► Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Public Agencies;
► Achieve cost savings of Vendors and Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals; ► Combine the purchasing power of Public Agencies to achieve cost effective pricing; ► Reduce the administrative and overhead costs of Vendors and Public Agencies through state of the art purchasing procedures.
Attachment A
Instructions to Respondents
♦ Submission of Response
► Only sealed responses will be accepted. Faxed or electronically transmitted responses will not be accepted.
► Sealed responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC reserves the right to reject or accept any response. ► Deviations to the terms, conditions and/or specifications shall be conspicuously noted in writing by the respondent and shall be included with the response. ► Withdrawal of response will not be allowed for a period of 120 days following the opening.
Pricing will remain firm for 120 days from submittal.
♦ Required Proposal Format
► Responses shall be provided in a three-ring binder or report cover using 8.5 x 11 paper clearly identified with the name of Respondents company and solicitation responding to on the outside front cover and vertical spine. Two (2) bound and signed copies of the proposals and Two (2) electronic copies on CD, DVD, or flash drives (i.e. pin or jump drives) shall be provided. Tabs should be used to separate the proposal into sections, as identified below. Respondents failing to organize in the manner listed may be considered non responsive and may not be evaluated.
♦ Binder Tabs
► Tab 1 - Signature Form
► Tab 2 -NCPA Administration Agreement
► Tab 3 - Vendor Questionnaire
► Tab 4- Vendor Profile
► Tab 5 -Products and Services / Scope
► Tab 6- References
► Tab 7 - Pricing
► Tab 8 -Value Added Products and Services
► Tab 9 - Required Documents
♦ Shipping Label
► The package must be clearly identified as listed below with the solicitation number and name of the company responding. All packaged must be sealed and delivered to the Region 14 ESC offices no later than the submittal deadline assigned for this solicitation.
From:
Company:
Address:
City, State, Zip:
Solicitation Name and Number:
Due Date and Time:
Attachment A
Tab 1 - Master Agreement
General Terms and Conditions
♦ Customer Support
1 ► The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.
♦ Assignment of Contract
► No assignment of contract may be made without the prior written approval of Region 14 ESC. Purchase orders and payment can only be made to awarded vendor. Awarded vendor is required to notify Region 14 ESC when any material change in operation is made. ♦ Disclosures
► Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. ► The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.
♦ Funding Out Clause
► Any /all contracts exceeding one (1) year shall include a standard "funding out" clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity's current revenue only, provided the contract contains either or both of the following provisions:
► Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract. ♦ Shipments (if applicable)
► The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. ♦ Tax Exempt Status
► Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.
Attachment A
♦ Payments
► The entity using the contract will make payments directly to the awarded vendor. ♦ Pricing
► All pricing submitted to shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor's responsibility to keep all pricing up to date and on file with NCPA.
► All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
♦ Warranty
► Proposals should address each of the following:
♦ Indemnity
• Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/ or replacement of any components during the warranty period.
• Availability of replacement parts
• Life expectancy of equipment under normal use
• Detailed information as to proposed return policy on all equipment ► The awarded vendor shall protect, Indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.
♦ Franchise Tax
► The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.
♦ Supplemental Agreements
► The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined In this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.
Attachment A
♦ Certificates of Insurance
► Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state In which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ♦ Legal Obligations
► It is the Respondent's responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ♦ Protest
► A protest of an award or proposed award must be filed In writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. No protest shall lie for a claim that the selected Vendor is not a responsible Bidder. Protests shall be filed with Region 14 ESC and shall include the following:
• Name, address and telephone number of protester
• Original signature of protester or its representative • Identification of the solicitation by RFP number
• Detailed statement of legal and factual grounds including copies of relevant documents and the form ofreliefrequested
► Any protest review and action shall be considered final with no further formalities being considered.
♦ Force Majeure
► If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure In writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
► The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the
Attachment A
party claiming such inability. It Is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty
♦ Prevailing Wage
► It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase In rates during the term of this contract and adjust wage rates accordingly.
♦ Miscellaneous
► Either party may cancel this contract In whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th
business day all work will cease following completion of final purchase order.
♦ Open Records
Policy
► Because Region 14 ESC Is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that Its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by- . page and line-by-line the parts of the response, which it believes, are exempt In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception( s ).
► The determination of whether information is confidential and not subject to disclosure Is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to
confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor.
Respondent are advised to consult with their legal
counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.
Attachment A
Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.
♦ Contract Administration
► The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.
♦ Contract Term
► The contract term will be for three (3) years starting from the date of the award. The contract may be renewed for up to five (SJ additional one-year terms. ♦ Contract Waiver
► Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ♦ Products and Services additions
► Products and Services may be added to the resulting contract during the term of the contract by written amendment, to the extent that those products and services are within the scope of this RFP.
♦ Competitive Range
► It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ♦ Deviations and Exceptions
► Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor's complete line of products and/or services, when possible.
♦ Estimated Quantities
► The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $35 - $50 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program. There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation
♦ Evaluation
► Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.
Attachment A
♦ Formation of Contract
► A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process.
♦ NCPA Administrative Agreement
► The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.
♦ Clarifications / Discussions
► Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.
Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent's whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent's are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents' proposals or prices.
♦ Multiple Awards
► Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
♦ Past Performance
► Past performance is relevant information regarding a vendor's actions under previously awarded contracts; including the administrative aspects of performance; the vendor's history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor's businesslike concern for the interests of the customer.
Attachment A
Evaluation Criteria
♦ Pricing ( 40 points)
► Electronic Price Lists
■ Products, Services, Warranties, etc. price list
■ Prices listed will be used to establish both the extent of a vendor's product lines, services, warranties, etc. available from a particular bidder and the pricing per item. ♦ Ability to Provide and Perform the Required Services for the Contract (25 points) ► Product Delivery within participating entities specified parameters ► Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.
► Vendor's ability to perform towards above requirements and desired specifications. ► Quantity of line items available that are commonly purchased by the entity. ► Quality of line items available compared to normal participating entity standards. ♦ References (15 points)
► A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years
♦ Technology for Supporting the Program (10 points)
► Electronic on-line catalog, order entry use by and suitability for the entity's needs ► Quality of vendor's on-line resources for NCPA members. ► Specifications and features offered by respondent's products and/or services ♦ Value Added Services Description, Products and/or Services (10 points) ► Marketing and Training
► Customer Service
Attachment A
Signature Form
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.
The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.
Prices are guaranteed: 120 days
Company name
Address
City /State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Attachment A
Tab 2 - NCPA Administration Agreement
This Administration Agreement is made as of __________ _, by and between National Cooperative Purchasing Alliance ("NCPA") and ("Vendor").
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______ _, referenced as Contract Number ______ ___, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the "Master Agreement"), for the purchase of Furniture;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as "public agency" or collectively, "public agencies") may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
♦ General Terms and Conditions
► The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. ► NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor's obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.
► Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. ► NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement. ► With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region
Attachment A
14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and ( c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (Ii) obtain the due authorization and approval necessary to purchase under the Master Agreement NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement ► The Public Agency participating In the NCPA contract and Vendor may enter Into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement ♦ Term of Agreement
► This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all Indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement
♦ Fees and Reporting
► The awarded vendor shall electronically provide NCPA with a detailed monthly or quarterly report showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices at [email protected].
Reports are due on the fifteenth (15th) day after the close of the previous month or quarter.
It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report The report shall include at least the following information as listed in the example below:
Entity Name Zip Code State PO or Job# Sale Amount
Total ____ _
► Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.
From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor's annual sales shall be measured on a calendar year basis.
Deadline for term of payment will be included in the invoice NCPA provides.
Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001 + 1%
Attachment A
► Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an underreporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA's costs and expenses for such audit ♦ General Provisions
► This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
► Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA. ► If any action at law or In equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued Interest, the prevailing party shall be entitled to reasonable attorney's fees and costs In addition to any other relief to which such party may be entitled.
► Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA. Any assignment without such consent will be void.
► This Agreement and NCPA's rights and obligations hereunder may be assigned at NCPA's sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA's obligations hereunder
. ► All written communications given hereunder shall be delivered to the addresses as set forth below.
National Cooperative Purchasing Alliance: Vendor:
Name: Name:
Title: Title:
Address: Address:
Signature: Signature:
Date: Date:
Attachment A
Tab 3 - Vendor Questionnaire
Please provide responses to the following questions that address your company's operations, organization, structure, and processes for providing products and services. ♦ States Covered
► Bidder must indicate any and all states where products and services can be offered. ► Please indicate the price co-efficient for each state if it varies.
D SO States & District of Columbia (Selecting this box is equal to checking all boxes below) OAiabama D Maryland D South Carolina
D Alaska D Massachusetts D South Dakota
D Arizona D Michigan D Tennessee
D Arkansas D Minnesota D Texas
D California D Mississippi □ Utah
D Colorado D Missouri □ Vermont
D Connecticut D Montana D Virginia
D Delaware D Nebraska D Washington
D District of Columbia D Nevada D West Virginia
D Florida D New Hampshire D Wisconsin
D Georgia D New Jersey □ Wyoming
D Hawaii D New Mexico
0 Idaho D New York
D Illinois D North Carolina
D Indiana D North Dakota
0Iowa □ Ohio
D Kansas D Oklahoma
D Kentucky D Oregon
D Louisiana D Pennsylvania
D Maine 0 Rhode Island
Attachment A
D All US Territories and Outlying Areas (Selecting this box is equal to checking all b xes bet w) D American Somoa
D Federated States of Micronesia
0Guam
D Midway Islands
D Northern Marina Islands
D Puerto Rico
D U.S. Virgin Islands
♦ Minority and Women Business Enterprise (MWBE) and (HUB) Participation ► It is the policy of some entities participating In NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) In the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
♦ Residency
• Minority/ Women Business Enterprise
• Respondent Certifies that this firm is a M/WBE
• Historically Underutilized Business
• Respondent Certifies that this firm is a HUB
□
□
► Responding Company's principal place of business is in the city of ______ � State of __ _
♦ Felony Conviction Notice
► Please Check Applicable Box;
□ □ □
A publically held corporation; therefore, this reporting requirement is not applicable.
Is not owned or operated by anyone who has been convicted of a felony.
Is owned or operated by the following individual(s) who has/have been convicted of a felony
► If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.
♦ Distribution Channel
► Which best describes your company's position in the distribution channel:
D Manufacturer Direct D Certified education/government reseller D Authorized Distributor D Manufacturer marketing through reseller D Value-added reseller D Other: __________ _
♦ Processing Information
► Provide company contact Information for the following:
• Sales Reports / Accounts Payable
Contact Person: _____________________ _
Title: _______________________ _
Company: _______________________ _
Address: _______________________ _
City: _________ State: ________ Z ip: ___ _
Phone: _ _________ Email: __________ _
Attachment A
• Purchase Orders
Contact Person: _____________________ _
Title: ________________________ _
Company: _______________________ _
Address: _______________________ _
City: ________ S tate: _ ______ Zip: ___ _
Phone: Email: __________ _
• Sales and Marketing
Contact Person: ____ _________________ _
Title: _______________________ _
Company: _______________________ _
Address: _______________________ _
City: ________ State: _______ Z ip: ___ _
Phone: __________ Email: __________ _
♦ Pricing Information
► In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. • If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.
D Yes D No
► Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.
D Yes D No
► Vendor will provide additional discounts for purchase of a guaranteed quantity. ♦ Cooperatives
D Yes D No.
► List any other cooperative or state contracts currently held or in the process of securing.
Cooperative/State Agency Discount Expires Annual Sales
Offered Volume
Attachment A
Tab 4 - Vendor Profile
Please provide the following information about your company:
♦ Company's official registered name.
♦ Brief history of your company, including the year it was established. ♦ Company's Dun & Bradstreet (D&B) number.
♦ Company's organizational chart of those individuals that would be involved in the contract. ♦ Corporate office location.
► List the number of sales and services offices for states being bid in solicitation. ► List the names of key contacts at each with title, address, phone and e-mail address. ♦ Define your standard terms of payment.
♦ Who is your competition in the marketplace?
♦ Provide Annual Sales for last 3 years broken out into the following categories:
► Cities / Counties
► K-12
► Higher Education
► Other government agencies or nonprofit organizations
♦ What differentiates your company from competitors?
♦ Describe how your company will market this contract if awarded. ♦ Describe how you intend to introduce NCPA to your company. ♦ Describe your firm's capabilities and functionality of your on-line catalog/ ordering website. ♦ Describe your company's Customer Service Department (hours of operation, number of service centers, etc.)
♦ Green Initiatives
► As our business grows, we want to make sure we minimize our impact on the Earth's climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste,
Attachment A
Attachment A
Tab 5 - Products and Services
♦ Respondent shall perform and provide these products and/ or services under the terms of this agreement The supplier shall assist the end user with making a determination of their individual needs.
♦ The following is a list of suggested (but not limited to) categories. List all categories along with manufacturer that you are responding with. Respondents do not have to offer every category in order to be considered for award.
► Audio / Visual Furniture
► Cafeteria
► Casegoods
► Classroom & Library
► Dormitory
► Ergonomic Solutions
► Filing Storage
► Healthcare
► Highmark
► Lighting
► Lounge / Reception
► Related Products and Support Services
► Science Lab
► Seating / Chairs
► Tables / Meeting Conference Room
► Technology Support Furniture
► Workstation
► List how your company will handle the following items:
■ Local Representation
■ ProductSupport
■ Delivery and Installation
■ Warehousing
■ Warranty & Claims
■ In-stock Furniture
♦ Manufacturers
► If respondent is a manufacturer please provide list of dealers/resellers you wish to assign underneath the contract
Attachment A
Tab 6 - References
♦ Provide at least ten (10) customer references for products and/or services of similar scope dating within the past three (3) years. Please provide a range of references across all eligible government entity groups including K-12, higher education, city, county, or non-profit entities. ♦ All references should include the following information from the entity:
► Entity Name
► Contact Name and Title
► City and State
► Phone
► Years Serviced
► Description of Services
► Annual Volume
Attachment A
Tab 7 - Pricing
♦ Please submit price list electronically (pricing can be submitted as Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in price list Prices submitted will be used to establish the extent of a respondent's products and services (Tab 5) that are available and also establish pricing per item.
♦ Price lists must contain the following:
► Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers).
► Description
► Vendor's List Price
► Percent Discount to NCPA participating entities
♦ Submit price list electronically on CD, DVD, or Flash Drive. Include respondents name, name of solicitation, and date on media of choice.
♦ Not To Exceed Pricing
► NCPA requests pricing be submitted as "not to exceed pricing" for any participating entity. ► The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.
► NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.
Attachment A
Tab 8 - Value Added Products and Services
♦ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.
Attachment A
Tab 9 - Required Documents
♦ Clean Air and Water Act/ Debarment Notice
♦ Contractors Requirements
♦ Antitrust Certification Statements
♦ FEMA Standard Terms and Conditions Addendum for Contracts and Grants ♦ Required Clauses for Federal Assistance by FTA
♦ State Notice Addendum
Attachment A
Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended ( 42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under 0MB Circular A-102, Attachment 0, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.
1 hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension", as described in the Federal Register and Rules and Regulations Potential Vendor
Print Name
Address
City, Sate, Zip
Authorized signature
Date
Attachment A
Contractor Requirements
Contractor Certification
Contractor's Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it Is will operate this contract in.
Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract These Entities reserve the right to confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including. but not limited to:
suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which work ls being performed Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service.
Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.
The offerer shall comply with fingerprinting requirements In accordance with appropriate statutes in the state in which the work Is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity in which work ls being performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations In Sudan and/or Iran.
Authorized signature
Date
Attachment A
Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or Individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged In the same line of business as the Company.
Company name
Address
City /State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Attachment A
FEMA Standard Terms and Conditions Addendum for Contracts and Grants If any purchase made under the Master Agreement Is funded In whole or in part by Federal Emergency Management Agency {"FEMA") grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, Including, but not limited to the contractual procedures set forth In Title 44 of the Code of Federal Regulations, Part 13 {"44 CFR 13").
In addition, Contractor agrees to the following specific provisions:
1) Pursuant to 44 CFR 13.36(1)(1), University Is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor's compliance with the terms of this Master Agreement, Including but not limited to those remedies set forth at 44 CFR 13.43.
2) Pursuant to 44 CFR 13.36{1){2), University may terminate the Master Agreement for cause or convenience In accordance with the procedures set forth In the Master Agreement and those provided by 44 CFR 13.44. 3) Pursuant to 44 CFR 13.36(1)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws:
a. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor ("DOL") regulations (41 CFR Ch. 60);
b. Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations {29 CFR Part S); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act {40 U.S.C. 327-30) as supplemented by DOL regulations (29 CFR Part 5);
e. Section 306 of the Clean Air Act {42 U.S,C. 1857(h), section SOB of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and f. Mandatory standards and policies relating to energy efficiency which are contained In the state energy conservation play Issued In compliance with the Energy Policy and Conservation Act (Pub. L.94-163, 89 Stat. 871).
4) Pursuant to 44 CFR 13.36(1)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, Including but not limited to those set forth at 44 CFR 40 and 41. 5) Pursuant to 44 CFR 13.36(1)(8), Contractor agrees to the following provisions 72 regarding patents:
a. All rights to Inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the participating agency and be disposed of In accordance with the participating agencies policy. The participating agency, at Its own discretion, may file for patents In connection with all rights to any such inventions and/or discoveries. 6) Pursuant to 44 CFR 13.36(1)(9), Contractor agrees to the following provisions, regarding copyrights:
a. If this Agreement results in any copyrightable material or Inventions, In accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and Irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes:
1) The copyright In any work developed under a grant or contract; and 2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. 7) Pursuant to 44 CFR 13.36(1)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as the participating agency deems necessary, Contractor shall permit participating agency, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions. 8) Pursuant to 44 CFR 13.36(1)(11), Contractor shall retain all required records for three years after FEMA or participating agency makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth In 44 CFR 13.42.
Attachment A
Required Clauses for Federal Assistance provided by FTA
ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except In the event of litigation or settlement of claims arising from the performance of this Contract, In which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to Inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination.
FTA does not require the Inclusion of these requirements of Article 1.01 In subcontracts. Reference 49 CFR 18.39 (1)(11).
CIVIL RIGHTS/ TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal Implementing regulations and other Implementing requirements FTA may issue.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.s.c. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken In the course of this Project.
Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall Include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, Including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may Issue. b. �- In accordance with the Age Discrimination In Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) Implementing regulations, "Age Discrimination In Employment Act", 29 CFR Part 1625, prohibit employment discrimination by Contractor against Individuals on the basis of age, Including present and prospective
Attachment A
employees. In addition, Contractor agrees to comply with any Implementing requirements FTA may Issue.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified Individuals with disabilities In programs, activities, and services, and Imposes specific requirements on public and private entitles. Contractor agrees that It will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA In employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor's control where segregated facilities are maintained. As used in this certification the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are In fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin. 4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as It or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) cancellation, termination or suspension of the Contract, In whole or In part.
Contractor agrees to include the requirements of this clause in each subcontract financed In whole or In part with Federal assistance provided by FTA, modified only if necessary to Identify the affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract Is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, "Participation by Disadvantaged Business Enterprises In Department of Transportation Flnanclal Assistance Programs•, therefore, It is the policy of the Department ofTransportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined In 49 CFR Part 26, have an equal opportunity to receive and participate In the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex In the performance of this Contract. Contractor shall carry out all appllcablerequirements of 49 CFR Part 26 In the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements Is a material breach of this Contract, which may result In the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must Include the assurance in this paragraph. (See 49 CFR 26.13(b)).
Attachment A
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor's receipt of payment for that Work from public agency. In addition, Contractor Is required to retum any retainage payments to those subcontractors within thirty (30) days after the subcontractor's work related to this Contract Is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract Is terminated or falls to complete Its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through Its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this contract, Contractor will cooperate with public agency In meeting Its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal Is set for this Contract.
Contractor agrees to use good faith efforts to carry out a policy In the award of Its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained In the State energy conservation plans issued under the Energy Polley and Conservation Act, as amended, 42 U.S.C, Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference In the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract, Contractor's failure to so comply shall constitute a material breach of this Contract.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions Include, In part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth In the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220,lF, dated November 1, 2008, are hereby Incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control In the event of a conflict with other provisions contained In this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be In violation of the FTA terms and conditions.
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government's express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government Is not a party to this Contract and shall not be subject to any obligations or liabllltles to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.
Attachment A
Contractor agrees to include the above clause in each subcontract financed in whole or In part with federal assistance provided by the FTA. It is further agreed that the clause shall not be mad/fled, except to identify the subcontractor who w/11 be subject to Its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud CiVII Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies,• 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, It makes, It may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work Is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to Impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.
Contractor also acknowledges that If It makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that Is financed In whole or In part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(l) on the Contractor, to the extent the Federal Government deems appropriate.
Contractor agrees to Include the above clauses In each subcontract financed In whole or In part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to Identify the subcontractor who will be subject to the provisions.
Attachment A
State Notice Addendum
Pursuant to certain state notice provisions the following public agencies and political subdivisions of the referenced public agencies are eligible to access the contract award made pursuant to this solicitation. Public agencies and political subdivisions are hereby given notice of the foregoing request for proposal for purposes of complying with the procedural requirement of said statutes:
Nationwide: http://www.usa.gov/Agencies/Local Government/Cities.shtml Other States: Cities, Towns, Villages, and Boroughs
No. 54 CITY OF MOSIER
Cities, Towns, Villages and Boroughs in Oregon 55 CITY OF NEWBERG 1 CEDAR MILL COMMUNITY LIBRARY 56 CITY OF NORTH PLAINS
2 CITY COUNTY INSURANCE SERVICES 57 CITY OF OREGON CITY 3 CITY OF ADAIR VILLAGE 58 CITY OF PHOENIX
4 CITY OF ALBANY 59 CITY OF PILOT ROCK
5 CITY OF ASHLAND 60 CITY OF PORT ORFORD
6 CITY OF ASTORIA OREGON 61 CITY OF PORTLAND
7 CITY OF AUMSVILLE 62 CITY OF POWERS
8 CITY OF AURORA 63 CITY OF REDMOND
9 CITY OF BEAVERTON 64 CITY OF REEDSPORT
10 CITY OF BOARDMAN 65 CITY OF RIDDLE
11 CITY OF BURNS 66 CITY OF SALEM
12 CITY OF CANBY 67 CITY OF SANDY
13 CITY OF CANNON BEACH OR 68 CITY OF SANDY
14 CITY OF CANYONVILLE 69 CITY OF SCAPPOOSE
15 CITY OF CENTRAL POINT POLICE DEPARTMENT 70 CITY OF SEASIDE 16 CITY OF CLATSKANIE 71 CITY OF SHADY COVE
17 CITY OF COBURG 72 CITY OF SHERWOOD
18 CITY OF CONDON 73 CITY OF SPRINGFIELD
19 CITY OF COOS BAY 74 CITY OF ST. PAUL
20 CITY OF CORVALLIS 75 CITY OF STAYTON
21 CITY OF COTTAGE GROVE 76 CITY OF TIGARD, OREGON
22 CITY OF CRESWELL 77 CITY OF TUALATIN, OREGON
23 CITY OF DALLAS 78 CITY OF WARRENTON
24 CITY OF DAMASCUS 79 CITY OF WEST LINN/PARKS
25 CITY OF DUNDEE 80 CITY OF WILSONVILLE
26 CITY OF EAGLE POINT 81 CITY OF WINSTON
27 CITY OF ECHO 82 CITY OF WOOD VILLAGE
28 CITY OF ESTACADA 83 CITY OF WOODBURN
29 CITY OF EUGENE 84 CITY OF YACHATS
30 CITY OF FAIRVIEW 85 FLORENCE AREA CHAMBER OF COMMERCE 31 CITY OF FALLS CITY 86 GASTON RURAL FIRE DEPARTMENT
32 CITY OF GATES 87 GLADSTONE POLICE DEPARTMENT
33 CITY OF GEARHART 88 HOUSING AUTHORITY OF THE CITY OF SALEM 34 CITY OF GERVAIS 89 KEIZER POLICE DEPARTMENT
35 CITY OF GOLD HILL 90 LEAGUE OF OREGON CITIES
36 CITY OF GRANTS PASS 91 MALIN COMMUNITY PARK AND RECREATION DISTRICT 37 CITY OF GRESHAM 92 METRO
38 CITY OF HAPPY VALLEY 93 MONMOUTH - INDEPENDENCE NETWORK 39 CITY OF HILLSBORO 94 PORTLAND DEVELOPMENT COMMISSION 40 CITY OF HOOD RIVER 95 RAINIER POLICE DEPARTMENT
41 CITY OF JOHN DAY 96 RIVERGROVE WATER DISTRICT
42 CITY OF KLAMATH FALLS 97 SUNSET EMPIRE PARK AND RECREATION 43 CITY OF LA GRANDE 98 THE NEWPORT PARK AND RECREATION CENTER 44 CITY OF LAKE OSWEGO 99 TILLAMOOK PEOPLES UTILITY DISTRICT 45 CITY OF LAKESIDE 100 TUALATIN VALLEY FIRE & RESCUE
46 CITY OF LEBANON 101 WEST VALLEY HOUSING AUTHORITY
47 CITY OF MALIN No. Counties and Parishes
48 CITY OF MCMINNVILLE 1 ASSOCIATION OF OREGON COUNTIES 49 CITY OF MEDFORD 2 BENTON COUNTY
50 CITY OF MILL CITY 3 CLACKAMAS COUNTY DEPT OF TRANSPORTATION 51 CITY OF MILLERSBURG 4 CLATSOP COUNTY
52 CITY OF MILWAUKIE 5 COLUMBIA COUNTY, OREGON
53 CITY OF MORO 6 COOS COUNTY HIGHWAY DEPARTMENT
7 CROOK COUNTY ROAD DEPARTMENT
Attachment A
CURRY COUNTY OREGON 3
9 DESCHUTES COUNTY 4
10 DOUGLAS COUNTY s
11 GIUIAM COUNTY 6
12 GILUAM COUNTY OREGON 7
13 GRANT COUNTY, OREGON B
14 HARNEY COUNTY SHERIFFS OFFICE 9
15 HOOD RIVER COUNTY 10
16 HOUSING AUTHORITY OF ClACICAMAS COUNTY 11
17 JACKSON COUNTY HEALTH AND HUMAN SERVICES 12
18 JEFFERSON COUNTY 13
19 KlAMATH COUNTY VITTRANS SERVICE OFFICE 14
20 lAKE COUNTY 1S
21 lANECOUNTY 16
22 LINCOLN COUNTY 17
23 LINN COUNTY 18
24 MARION COUNTY, SALEM, OREGON 19
25 MORROW COUNTY 20
26 MULTNOMAH COUNTY 21
27 MULTNOMAH COUNTY 22
28 MULTNOMAH lAW LIBRARY 23
29 NAMI lANE COUNTY 24
30 POLK COUNTY 2S
31 SHERMAN COUNTY 26
32 UMATIUA COUNTY, OREGON 27
33 UNION COUNTY 28
34 WALLOWA COUNTY 29
3S WASCO COUNTY 30
36 WASHINGTON COUNTY 31
37 YAMHIU COUNTY 32
1 SOARD OF WATER SUPPLY 33
COUNTY Of HAWAII 34
3 MAUI COUNTY COUNOL 3S
No, Higher Education 36
1 BIRTHINGWAY COLLEGE OF MIDWIFERY 37
2 BWE MOUNTAIN COMMUNITY COLLEGE 38
3 CENTRAL OREGON COMMUNITY COLLEGE 39
4 CHEMEKETA COMMUNITY COLLEGE 40
s ClACKAMAS COMMUNITY COUEGE 41
6 COLUMBIA GORGE COMMUNITY COLLEGE 42
7 GEORGE FOX UNIVERSITY 43
8 KlAMATH COMMUNITY COLLEGE DISTRICT 44
9 lANE COMMUNITY COUEGE 4S
10 LEWIS AND ClARK COLLEGE 46
11 UNFIELD COLLEGE 47
12 LINN-BENTON COMMUNITY COLLEGE 48
13 MARYLHURST UNIVERSITY 49
14 MT. HOOD COMMUNITY COLLEGE so
15 MULTNOMAH BIBLE COLLEGE 51
16 NATIONAL COLLEGE Of NATURAL MEDICINE S2
17 NORTHWEST CHRISTIAN COUEGE 53
18 OREGON HEALTH ANO SOENCE UNIVERSITY 54
19 OREGON UNIVERSITY SYSTEM 55
20 PAOFIC UNIVERSITY 56
21 PORTILAND COMMUNITY COLLEGE 57
22 PORTllAND STATE UNIV. 58
23 REED COillGE 59
24 ROGUE COMMUNITY COLLEGE 60
25 SOUTHWESTERN OREGON COMMUNITY COLLEGE 61
26 TIUAMOOK BAY COMMUNITY COUEGE 62
27 UMPQUA COMMUNITY COUEGE 63
28 WESTERN STATES CHIROPRACTIC COLLEGE 64
29 WIUAMETTE UNIVERSITY 65
1 ARGOSY UNIVERSITY 66
2 BRIGHAM YOUNG UNIVERSITY - HAWAII 67
3 COLLEGE Of THE MARSHALL ISLANDS 68
4 RESEARCH CORPORATION Of THE UNIVERSITY Of HAWAII 69
5 UNIVERSITY Of HAWAII AT MANDA 70
No, K-12 71
1 ARCHBISHOP FRANCIS NORBERT BLANCHET SCHOOL 72
2 BAl<ER COUNTY SCHOOL DIST. 16J - MALHEUR ESO 73
74 BAKER SCHOOL DISTRICT Sc-J
BANOON SCHOOL DISTRICT
BANKS SCHOOL DISTRICT
BEAVERTON SCHOOL DISTRICT
BEND / lA PINE SCHOOL DISTRICT
BENO-IA PINE SCHOOL DISTRICT
BROOl<ING HARBOR SCHOOL DISTRICT N0.17-C
CANBY SCHOOL DISTRICT
CANYONVILLE CHRISTIAN ACADEMY
CASCADE SCHOOL DISTRICT
CASCADES ACADEMY OF CENTRAL OREGON
CENTENNIAL SCHOOL DISTRICT
CENTRAl CATHOLIC HIGH SCHOOL
CENTRAL POINT SCHOOL DISTRICT NO. 6
CENTRAl SCHOOL DISTRICT 13J
ClACKAMAS EDUCATION SERVICE DISTRICT
COOS BAY SCHOOL DISTRICT
COOS BAY SCHOOL DISTRICT N0.9
COQUILLE SCHOOL DISTRICT 8
COUNTY Of YAMHIU SCHOOL DISTRICT 29
CRESWEU SCHOOL DISTRICT
CROSSROADS CHRISTIAN SCHOOL
CULVER SCHOOL DISTRICT NO.
DAUAS SCHOOL DISTRICT NO. 2
DAVID OOUGLAS SCHOOL DISTRICT
DAYTON SCHOOL DISTRICT No.a
DE lA SALLE N CATHOLIC HS
DESCHUTES COUNTY SO N0.6-SISTERS SD
DOUGLAS COUNTY SCHOOL DISTRICT 116
DOUGLAS EDUCATION SERVICE DISTRICT
DUFUR SCHOOL DISTRICT N0.29
ELKTON SCHOOL DISTRICT N0.34
ESTACADA SCHOOL DISTRICT N0.108
FOREST GROVE SCHOOL DISTRICT
GASTON SCHOOL DISTRICT S11J
GEN CONF Of SDA CHURCH WESTERN OR
GlADSTONE SCHOOL DISTRICT
GLENDALE SCHOOL DISTRICT
GUDE SCHOOL DISTRICT N0.12
GRANTS PASS SCHOOL DISTRICT 7
GREATER ALBANY PUBLIC SCHOOL DISTRICT
GRESHAM-BARLOW SCHOOL DISTRICT
HARNEY COUNTY SCHOOL DIST. N0.3
HARNEY EDUCATION SERVICE DISTRICT
HEAD START OF lANE COUNTY
HERfTAGE CHRISTIAN SCHOOL
HIGH DESERT EDUCATION SERVICE DISTRICT
HOOD RIVER COUNTY SCHOOL DISTRICT
JACKSON CO SCHOOL DIST N0.9
JEFFERSON COUNTY SCHOOL DISTRICT 509-J
JEFFERSON SCHOOL DISTRICT
KLAMATH FAUS CITY SCHOOLS
LA GRANDE SCHOOL DISTRICT
LAKE OSWEGO SCHOOL DISTRICT 7J
LANE COUNTY SCHOOL DISTRICT 4J
lANE COUNTY SCHOOL DISTRICT 69
LEBANON COMMUNITY SCHOOLS N0.9
LINCOLN COUNTY SCHOOL DISTRICT
LINN co. SCHOOL DIST. 95C- sao SD
LOST RIVER JR/SR HIGH SCHOOL
LOWEU SCHOOL DISTRICT N0.71
MARION COUNTY SCHOOL DISTRICT 103 - WASHINGTON ES
MCMINNVIUE SCHOOL DISTRICT N0.40
MEDFORD SCHOOL DISTRICT S49C
MITCH CHARTER SCHOOL
MOLAUA RIVER ACADEMY
MOLAUA RIVER SCHOOL DISTRICT N0,35
MONROE SCHOOL DISTRICT NO,lJ
MORROW COUNTY SCHOOL DISTRICT
MT. ANGEL SCHOOL DISTRICT N0.91
MT.SCOTT LEARNING CENTERS
MULTISENSORY LEARNING ACADEMY
Attachment A
75 MULTNOMAH EDUCATION SERVICE DISTRICT 16
76 MYRTLE POINT SCHOOL DISTRICT N0.41 17
n NEAH•KAH·NIE DISTRICT NO.S6 18
78 NESTUCCA VALLEY SCHOOL DISTRICT N0.101 19
79 NOBEL LEARNING COMMUNITIES 20
BO NORTH BENO SCHOOL DISTRICT 13 21
81 NORTH CLACKAMAS SCHOOL DISTRICT 22
B2 NORTH SANTIAM SCHOOL DISTRICT 29J 23
83 NORTH WASCO CTY SCHOOL DISTRICT 21 • CHENOWITH 24
84 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT 25
85 NYSSA SCHOOL DISTRICT NO. 26 26
B6 ONTARIO MIDDLE SCHOOL 27
87 OREGON TRAlL SCHOOL DISTRICT N0.46 28
88 OUR LADY OF TIHE LAJCE SCHOOL 29
89 PHILOMATIH SCHOOL DISTRICT 30
90 PHOENlx-TALENT SCHOOL DISTRICT N0.4 31
91 PORTLAND ADVENTIST ACADEMY 32
92 PORTLAND JEWISH ACADEMY 33
93 PORTLAND PUBLIC SCHOOLS 34
94 RAINIER SCHOOL DISTRICT 35
9S REDMOND SCHOOL DISTRICT 36
96 REEDSPORT SCHOOL DISTRICT 37
97 REYNOLDS SCHOOL DISTRICT 38
98 ROGUE RIVER SCHOOL DISTRICT N0.35 39
99 ROSEBURG PUBLIC SCHOOLS 40
100 SALEM•KEIZ£R PUBLIC SCHOOLS 41
101 SCAPPOOSE SCHOOL DISTRICT 1J 42
102 SEASIDE SCHOOL DISTRICT 10 43
103 SEVEN PEAKS SCHOOL 44
104 SHERWOOD SCHOOL DISTRICT BBJ 45
105 SILVER FAULS SCHOOL DISTRICT 46
106 SIUSLAW SCHOOL DISTRICT 47
107 SOUTH COAST EDUCATION SERVICE DISTRICT 48
108 SOUTH LANE SCHOOL DISTRICT 45J3 49
109 SOUTHERN OREGON EDUCATION SERVICE DISTRICT so
110 SOUTHWEST CHARTER SCHOOL Sl
111 SPRINGFIELD SCHOOL DISTRICT N0.19 52
112 STANAELD SCHOOL DISTRICT 53
113 SWEET HOME SCHOOL DISTRICT NO.S5 54
114 THE CATLIN GABEL SCHOOL SS
115 TIGARD-TUALATIN SCHOOL DISTRICT 56
116 UMATIUA·MORROW ESD 57
117 VERNONIA SCHOOL DISTRICT 47J 58
118 WEST HIULS COMMUNITY CHURCH 59
119 WEST LINN WILSONVILLE SCHOOL DISTRICT 60
120 WHITIEAKER MONTESSORI SCHOOL 61
121 YONCAUA SCHOOL DISTRICT N0.32 62
1 CONGREGATION OF CHRISTIAN BROTIHERS OF HAWAII, INC. 63 2 EM MANUAL LUTHERAN SCHOOL 64
3 HANAHAU"OLI SCHOOL 6S
4 HAWAII TECHNOLOGY ACADEMY 66
5 ISLAND SCHOOL 67
6 KAMEHAMEHA SCHOOLS 68
7 KE KULA OS . M. KAMAKAU 69
8 MARYKNOU SCHOOL 70
9 PACIFIC BUDDHIST ACADEMY 71
No, Nonprofit & Other 72
1 2111NFO 73
2 ACUMENTRA HEALTIH 74
3 ADDICTIONS RECOVERY CENTER, INC 75
4 AUFOURONE/CRESTVIEW CONFERENCE CTR. 76
5 ALVORD-TAYLOR INDEPENDENT LIVING SERVICES 77
6 AL2HEIMERS NETWORK OF OREGON 78
7 ASHLAND COMMUNllY HOSPITAL 79
8 ATHENA LIBRARY FRIENDS ASSOCIATION BO
9 BARLOW YOUTH FOOTBAU 81
10 BAY AREA FIRST STEP. INC. 82
11 SENTON HOSPICE SERVICE 83
12 BETHEL CHURCH OF GOD 84
13 BIRCH COMMUNllY SERVICES, INC. SS
14 BLACHLY LANE ELECTRIC COOPERATIVE 86
15 BLIND ENTERPRISES OF OREGON 87
BONNEVILLE ENVIRONMENTAL FOUNDATION
BOYS ANO GIRLS CLUBS OF PORTLAND METROPOLITAN AREA
BROAD BASE PROGRAMS INC.
CANBY FOURSQUARE CHURCH
CANCER CARE RESOURCES
CASCADIA BEHAVIORAL HEALTHCARE
CASCADIA REGION GREEN BUILOING COUNOL
CATHOLIC CHARITIES
CATHOLIC COMMUNllY SERVICES
CENTER FOR RESEARCH TO PRACTICE
CENTRAL BIBLE CHURCH
CENTRAL aTY CONCERN
CENTRAL OOUGLAS COUNTY FAMILY YMCA
CENTRAL OREGON COMMUNllY ACTION AGENCY NETWORK
CHILDPEACE MONTESSORI
aTY BIBLE CHURCH
CLACKAMAS RIVER WATER
CLASSROOM LAW PROJECT
COAST REHABILITATION SERVICES
COLLEGE HOUSING NORTHWEST
COLUMBIA COMMUNllY MENTAL HEALTIH
COMMUNllY ACTION ORGANIZATION
COMMUNllY ACTION TEAM, INC.
COMMUNllY CANCER CENTER
COMMUNllY HEALTH CENTER, INC
COMMUNllY VETERINARY CENTER
CONFEDERATED TRIBES OF GRAND RONDE
CONSERVATION BIOLOGY INSTITUTE
CONTEMPORARY CRAFTS MUSEUM ANO GALLERY
CORVALLIS MOUNTAIN RESCUE UNIT
COVENANT CHRISTIAN HOOD RIVER
COVENANT RETIREMENT COMMUNITIES
DECISION SOENCE RESEARCH INSTITUTE, INC.
DELIGHT VALLEY CHURCH OF CHRIST
DOGS FOR TIHE DEAF, INC.
DOUGLAS ELECTRIC COOPERATIVE, INC.
EAST HIU CHURCH
EAST SIDE FOURSQUARE CHURCH
EAST WEST MINISTRIES INTERNATIONAL
EDUCATIONAL POLICY IMPROVEMENT CENTER
ELMIRA CHURCH OF CHRIST
EMERALOPUD
EMMAUS CHRISTIAN SCHOOL
EN AVANT, INC.
ENTERPRISE FOR EMPLOYMENT AND EDUCATION
EUGENE BAUET COMPANY
EUGENE SYMPHONY ASSOCIATION, INC.
EUGENE WATER & ELECTRIC BOARD
EVERGREEN AVIATION MUSEUM AND CAP. MICHAEL KING.
FAIR SHARE RESEARCH AND EDUCATION FUND
FAITH CENTER
FAITHFUL SAVIOR MINISTRIES
FAMILIES FIRST OF GRANT COUNTY, INC.
FANCONI ANEMIA RESEARCH FUND INC.
FARMWORKER HOUISNG DEV CORP
FIRST CHURCH OF TIHE NAZARENE
FIRST UNITARIAN CHURCH
FORD FAMILY FOUNDATION
FOUNDATIONS FOR A SETTER OREGON
FRIENDS OF TIHE CHILDREN
GATEWAY TO COLLEGE NATIONAL NETWORK
GOAL ONE COALITION
GOLD BEACH POLICE DEPARTMENT
GOOD SHEPHERD COMMUNITIES
GOODWIU INDUSTRIES OF LANE AND SOUTH COAST COUNTIES
GRANT PARK CHURCH
GRANTS PASS MANAGEMENT SERVICES, DBA
GREATER HIUSBORO AREA CHAMBER OF COMMERCE
HALFWAY HOUSE SERVICES, INC.
HEARING AND SPEECH INSTITUTE INC
HELP NOWI ADVOCACY CENTER
HIGHLAND HAVEN
Attachment A
88 HIGHLAND UNITED CHURCH OF CHRIST 160
89 HIV AWANCE, INC 161
90 HOUSING AUTHORITY OF LINCOLN COUNTY 162
91 HOUSING AUTHORITY OF PORTLAND 163
92 HOUSING NORTHWEST 164
93 INDEPENDENT INSURANCE AGENTS AND BROKERS OF OREGON 165 94 INTERNATIONAL SOCIETY FOR TECHNOLOGY IN EDUCATION 166 9S INTERNATIONAL SUSTAINABLE DEVELOPMENT FOUNDATION 167 96 IRCO 168
97 JASPER MOUNTAIN 169
98 JUNIOR ACHIMMENT 170
99 KLAMATH HOUSING AUTHORITY 171
100 LA CUNICA DEL CARINO FAMILY HEALTH CARE CENTER 1n
101 LA GRANDE UNITED METHODIST CHURCH 173
102 LANE ELECTRIC COOPERATIVE 174
103 LANE MEMORIAL BLOOD BANK 175
104 LANECO FEDERAL CREDIT UNION 176
105 LAUREL HILL CENTER 1n
106 LIFEWORKS NW 178
107 LIVING WAY FELLOWSHIP 179
108 LOAVES & FISHES CENTERS, INC. 180
109 LOCAL GOVERNMENT PERSONNEL INSTITUTE 181
110 LOOKING GLASS YOUTH ANO FAMILY SERVICES 182
111 MACOONALD CENTER 183
112 MAKING MEMORIES BREAST CANCER FOUNDATION, INC. 184
113 METRO HOME SAFETY REPAIR PROGRAM 185
114 METROPOLITAN FAMILY SERVICE 186
115 MID COLUMBIA COUNCL OF GOVERNMENTS 187
116 MIO-COLUMBIA CENTER FOR LIVING 188
117 MID-WILLAMETTE VALLEY COMMUNITY ACTION AGENCY, INC 189 118 MORNING STAR MISSIONARY BAPTIST CHURCH 190
119 MORRISON CHILD AND FAMILY SERVICES 191
120 MOSAIC CHURCH 192
121 NATIONAL PSORIASIS FOUNDATION 193
122 NATIONAL WILD TURKEY FEDERATION 194
123 NEW AVENUES FOR YOUTH INC 195
124 NEW BEGINNINGS CHRISTIAN CENTER 196
12S NEW HOPE COMMUNITY CHURCH 197
126 NEWBERG FRIENDS CHURCH 198
127 NORTH BEND CITY-COOS/URRY HOUSING AUTHORITY 199
128 NORTHWEST FOOD PROCESSORS ASSOCIATION 200
129 NORTHWEST LINE JOINT APPRENTICESHIP & TRAINING COMMITTEE 201 130 NORTHWEST REGIONAL EDUCATIONAL LABORATORY 202
131 NORTHWEST YOUTH CORPS 203
132 OCHIN 204
133 OHSU FOUNDATION 205
134 OLIVET BAPTIST CHURCH 206
13S OMNIMEDIX INSTITUTE 207
136 OPEN MEADOW ALTERNATIVE SCHOOLS, INC. 208
137 OREGON BALLET THEATRE 209
138 OREGON OTY CHURCH OF THE NAZARENE 210
139 OREGON COAST COMMUNITY ACTION 211
140 OREGON DEA TH WITH DIGNITY 212
141 OREGON DONOR PROGRAM 213
142 OREGON EDUCATION ASSOCIATION 214
143 OREGON ENVIRONMENTAL COUNCIL 215
144 OREGON MUSUEM OF SCIENCE ANO INDUSTRY 216
14S OREGON PROGRESS FORUM 217
146 OREGON REPERTORY SINGERS 218
147 OREGON STATE UNIVERSITY ALUMNI ASSOCIATION 219
148 OREGON SUPPORTED LIVING PROGRAM 220
149 OSLC COMMUNITY PROGRAMS 221
1SO OUTSIDE IN
151 OUTSIDE IN 222
152 PACFIC CASCADE FEDERAL CREDIT UNION 223
1S3 PACFIC FISHERY MANAGEMENT COUNCIL 224
154 PACFIC INSTITUTES FOR RESEARCH 225
155 PACFIC STATES MARINE FISHERIES COMMISSION 226
156 PARALY2ED vmRANS OF AMERICA 227
157 PARTNERSHIPS IN COMMUNITY LIVING, INC. 228
158 PENDLETON ACADEMIES 229
159 PENTAGON FEDERAL CREDIT UNION 230
PLANNED PARENTHOOD OF SOUTHWESTERN OREGON
PORT OTY DMLOPMENT CENTER
PORTLAND ART MUSEUM
PORTLAND BUSINESS ALLIANCE
PORTLAND HABIUTATION CENTER, INC.
PORTLAND SCHOOLS FOUNDATION
PORTLAND WOMENS CRISIS LINE
PREGNANCY RESOUCE CENTERS OF GRffiR PORTLAND PRINGLE
CREEK SUSTAINABLE LMNG CENTER
PUBLIC DEFENDER SERVICES OF LANE COUNTY, INC.
QUADRIPLEGICS UNITED AGAINST DEPENDENCY, INC.
REBUILDING TOGETHER -PORTLAND INC.
REGIONAL ARTS ANO CULTURE COUNCL
RELEVANT LIFE CHURCH
RENEWABLE NORTHWEST PROJECT
ROGUE FEDERAL CREDIT UNION
ROSE VILLA, INC.
SACRED HEART CATHOLIC DAUGHTERS
SAIF CORPORAllON
SAINT ANDREW NATIVITY SCHOOL
SAINT CATHERINE OF SIENA CHURCH
SAINT JAMES CATHOLIC CHURCH
SALEM ALLIANCE CHURCH
SALEM ELECTRIC
SALMON-SAFE INC.
SCENCEWORKS
SE WORKS
SECURITY FIRST CHILO DEVELOPMENT CENTER
SELF ENHANCEMENT INC.
SERENITY LANE
SEXUAL ASSAULT RESOURCE CENTER
SEXUAL ASSAULT RESOURCE CENTER
SHELTERCARE
SHERIDAN JAPANESE SCHOOL FOUNDATION
SHERMAN DEVELOPMENT LEAGUE, INC.
SILVERTON AREA COMMUNITY AID
SISKIYOU INmATIVE
SMART
SOOAL VENTURE PARTNERS PORTLAND
SOUTH COAST HOSPICE, INC.
SOUTH LANE FAMILY NURSERY OBA FAMILY RELIEF NURSE
SOUTHERN OREGON CHILO AND.FAMILY COUNCL, INC.
SOUTHERN OREGON HUMANE SOCIETY
SPARC ENTERPRISES
SPIRIT WIRELESS
SPONSORS, INC.
SPOTUGHT THEATRE OF PLEASANT HILL
SPRINGFIELD UTILITY BOARD
ST VINCENT OE PAUL
ST. ANTHONY CHURCH
ST. ANTHONY SCHOOL
ST. MARYS OF MEDFORD1 INC.
ST. VINCENT DEPAUL OF LANE COUNTY
STANO FOR CHILDREN
STAR OF HOPE ACTIVITY CENTER INC.
SUMMIT VIEW COVENANT CHURCH
SUNNYSIDE FOURSQUARE CHURCH
SUNRISE ENTERPRISES
SUSTAINABLE NORTHWEST
TENAS ILLAHEE CHILDCARE CENTER
THE EARLY EDUCATION PROGRAM, INC.
THE NATIONAL ASSOCATION OF CREDIT MANAGEMENT-OREGON,
INC.
THE NEXT DOOR
THE OREGON COMMUNITY FOUNDATION
THE SALVATION ARMY - CASCADE DIVISION
TILLAMOOK CNTY WOMENS CRISIS CENTER
TILLAMOOK ESTUARIES PARTNERSHIP
TOUCHSTONE PARENT ORGANIZATION
TRAILS CLUB
TRAINING EMPLOYMENT CONSORTIUM
TRI-COUNTY HEALTH CARE SAFETY NET ENTERPRISE
Attachment A
231 TRILLIUM FAMILY SERVICES, INC. 9 DESCHUTES COUNTY RFPO N0.2 232 UMPQUA COMMUNITY DEVELOPMENT CORPORATION 10 DESCHUTES PUBLIC LIBRARY SYSTEM 233 UNION GOSPEL MISSION 11 EAST MULTNOMAH SOIL AND WATER CONSERVANCY 234 UNITED CEREBRAL PAISY OF OR AND SW WA 12 GASTON RURALARE DEPARTMENT 23S UNITED WAY OF THE COLUMBIA WILLAMETTE 13 GLADSTONE POLICE DEPARTIMENT 236 US CONFERENCE OF MENONNITE BRETHREN CHURCHES 14 GLENDALE RURAL FIRE IJITTRICT 237 US FISH AND WILDLIFE SERVICE 1S HOODLAND ARE DISTRICT N0,74 238 USAGENOES CREDIT UNION 16 HOOOLAND FIRE DISTRICT #74 239 VERMONT HILLS FAMILY LIFE CENTER 17 HOUSING AUTHORITY ANO COMMUNITY SERVICES AGENCY 240 VIRGINIA GAROA MEMORIAL HEALTH CENTER 18 KLAMATH COUNTY 9-1-1 241 VOLUNTEERS OF AMERICA OREGON 19 LANE EDUCATION SERVICE DISTRICT 242 WE CARE OREGON 20 LANE TRANSIT DISTRICT
243 WESTERN RIVERS CONSERVANCY 21 MAUN COMMUNITY PARK AND RECREATION DISTRICT 244 WESTERN STATES CENTER 22 MARION COUNTY FIRE DITTRCT #1 24S WESTSIDE BAPTIST CHURCH 23 METRO
246 WILD SALMON CENTER 24 METROPOLITAN EXPOSITION--RECREATION COMMISSION 247 WILLAMETTE FAMILY 2S MONMOUTH • INDEPENDENCE NETWORK 248 WILLAMeTTE VIEW INC. 26 MULTONAH COUNTY DRAINAGE DISTRICT #1 249 WOODBURN AREA CHAMBER OF COMMERCE 27 NEAH KAH NIE WATER DISTRICT 2SO WORD OF LIFE COMMUNITY CHURCH 28 NW POWER POOL
2S1 WORKSYSTEMS INC 29 OAK LODGE WATER DISTRICT
2S2 YOUTH GUIDANCE ASSOc. 30 OR INT'L PORT OF COOS SAY
2S3 YWCA SALEM 31 PORT OF ST HELENS
1 ALOCHOUC REHABILITATION SVS OF HI INC D8A HINA MAUKA 32 PORT OF UMPQUA 2 ALDHACARE 33 REGIONAL ALITOMATEO INFORMATION NETWORK
3 AMERICAN LUNG ASSOOATION 34 RIVERGROVE WATER DISTRICT 4 BISHOP MUSEUM 35 SALEM AREA MASS TRANSIT DISTRICT
s BUILDING INDUSTRY ASSOOATION OF HAWAII 36 SANDY FIRE DISTRICT NO. 72 6 CTR FOR CULTURAL AND TECH INTERCHNG BETW EAST AND WEST 37 SUNSET EMPIRE PARK AND RECREATION 7 EAH, INC. 38 THE NEWPORT PARK AND RECREATION CENTER
8 EASTER SEALS HAWAII 39 THE PORT OF PORTLAND
9 GOODWIU INDUSTRIES OF HAWAII, INC. 40 TILLAMOOK PEOPLES UTILITY DISTRICT 10 HABITAT FOR HUMANITY MAUI 41 TUALATIN HILLS PARK AND RECREATION DISTRICT 11 HALE MAHAOLU 42 TUALATIN VALLEY FIRE & RESCUE
12 HAROLD K.L CASTLE FOUNDATION 43 TUALATIN VAUEY WATER DISTRICT 13 HAWAII AGRICULTURE RESEARCH CENTER 44 UNION SOIL & WATER CONSERVATION DISTRICT 14 HAWAII EMPLOYERS COUNOL 4S WEST MULTNOMAH SOIL AND WATER CONSERVATION DISTRICT lS HAWAII FAMILY LAW CLINIC OBA ALA KUOLA 46 WEST VALLEY HOUSING AUTHORITY 16 HONOLULU HABITAT FOR HUMANITY 47 WILLAMALANE PARK AND RECREATION DISTRICT 17 IUPAT, DISTRICT COUNOL 50 48 YOUNGS RIVER LEWIS AND CLARK WATER DISTRICT 18 LANAKJLA REHABILITATION CENTER INC. No. State Agendes 19 LEEWARD HABITAT FOR HUMANITY 1 SOARD OF MEDICAL EKAMINERS 20 MAUI COUNTY FCU 2 OFFICE OF MEDICAL ASSISTANCE PROGRAMS 21 MAUI ECONOMIC DEVELOPMENT BOARD 3 OFFICE OF THE STATE TREASURER 22 MAUI ECONOMIC OPPORTUNITY, INC. 4 OREGON BOARD OF ARCHITECTS 23 MAUI FAMILY YMCA s OREGON CHILD DEVELOPMENT COALITION 24 NA HALE O MAUI 6 OREGON DEPARTIMENT OF EDUCATION ZS NA LEI ALOHA FOUNDATION 7 OREGON OEPARTIMENT OF FORESTRY 26 NETWORK ENTERPRISES, INC, 8 OREGON DEPT OF TRANSPORTATION 27 ORI ANUENUE HALE, INC. 9 OREGON DEPT. OF EDUCATION 28 PARTNERS IN DEVELOPMENT FOUNDATION 10 OREGON LOTTERY 29 POLYNESIAN CULTURAL CENTER 11 OREGON OFFICE OF ENERGY 30 PUNAHOU SCHOOL 12 OREGON STATE SOARD OF NURSING 31 ST. THERESA CHURCH 13 OREGON STATE POLICE 32 WAIANAE COMMUNITY OUTREACH 14 OREGON TOURISM COMMISSION 33 WAILUKU FEDERAL CREDIT UNION 1S OREGON TRAVEL INFORMATION COUNCIL YMCA OF HONOLULU 16 SANTIAM CANYON COMMUNICATION CENTER No. Special/Independent Districts 17 SEIU LOCAL S03, OPEU 1 SAY AREA HOSPITAL DISTRICT 1 ADMIN, SERVICES OFFICE
2 CENTRAL OREGON INTERGOVERNMENTAL COUNCIL 2 HAWAII CHILD SUPPORT ENFORCEMENT AGENCY 3 CENTRAL OREGON IRRIGATION DISTRICT 3 HAWAII HEALTH SYSTEMS CORPORATION 4 CHEHALEM PARK ANO RECREATION DISTRICT 4 SOH-JUOIOARY CONTRACTS AND PURCH s CITY COUNTY INSURANCE SERVICES 5 STATE DEPARTIMENT OF DEFENSE 6 CLEAN WATER SERVICES 6 STATE OF HAWAII
7 COLUMBIA 911 COMMUNICATIONS DISTRICT 7 STATE OF HAWAII 8 COLUMBIA RIVER PUO 8 STATE OF HAWAII, DEPT. Of EDUCATION
Attachment A
Signature Form
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.
The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.
Prices are guaranteed: 120 days
Company name
Address
City /State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Demeo, Inc.
PO Box 7488
Madison, WI 53707-7488
866-558-9068
888-320-0288
[email protected]
Michael J. Wygocki
Attachment A
Tab 2 - NCPA Administration Agreement
This Administration Agreement is made as of October 1, 2015 • by and between National Cooperative Purchasing Alliance ("NCPA") and_D_em_ c_o�._ln_c_. _______ ("Vendor").
Recitals
WHEREAS, Region 14· ESC has entered into a certain Master Agreement dated October 1, 2015 . referenced as Contract Number 07-24 by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the "Master Agreement"), for the purchase of Furniture;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as "public agency" or collectively, "public agencies") may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
♦ General Terms and Conditions
► The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. ► NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor's obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.
► Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. ► NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement. ► With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such. Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region
Attachment A
14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and ( c) shall not be obligated, liable or responsible for any failure by the Public Agency to (1) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement. ► The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ♦ Term of Agreement
► This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the. term of this Agreement.
♦ Fees and Reporting
► The awarded vendor shall electronically provide NCPA with a detailed monthly or quarterly report showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices [email protected].
Reports are due on the fifteenth (15'h) day after the close of the previous month or quarter.
It ls the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one. (1) report. The report shall include at least the following information as listed in the example below:
Entity Name Zip Code State PO or Job# Sale Amount
Total ____ _
► Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.
From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor's annual sales shall be measured on a calendar year basis.
Deadline for term of payment will be included in the invoice NCPA provides.
Annual Sales Through Contract
0 - $30,000,000
$30,000,001 - $50,000,000
$50,000,001 +
A!!mini�tr,1tlv� Fee
2%
1.5%
1%
Attachment A
► Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four ( 4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an underreporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA's costs and expenses for such audit ♦ General Provisions
► This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
► Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use ofNCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA. ► If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which such party may be entitled.
► Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA. Any assignment without such consent will be void.
► This Agreement and NCPA's rights and obligations hereunder may be assigned at NCPA's sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA's obligations hereunder
► All written communications given hereunder shall be delivered to the addresses as set forth below.
National Cooperative Purchasing Alliance: Vendor: Demeo. Inc.
Name:
Title:
Address:
Signature:
Date:
Matthew Mackel
Director1 Business DeveloQment
PO Box 701273
Houston, TX 77270
October 1
�t7[;::::?E -
2015
Name: Michael J. Wygocki
Title: Director of Customer Service
Address: PO Box 7488
Signature:
Date:
Attachment A
Tab 3 - Vendor Questionnaire
Please provide responses to the following questions that address your company's operations, organization, structure, and processes for providing products and services. ♦ States Covered
► Bidder must indicate any and all states where products and services can be offered. ► Please indicate the price co-efficient for each state if it varies.
D 50 States & District of Columbia (Selecting this box is equal to checking all boxes below) IR] Alabama � Maryland Ix] South Carolina
□ Alaska IB] Massachusetts IB] South Dakota
IR] Arizona 111 Michigan Ix] Tennessee
IRJ Arkansas [Kl Minnesota IR] Texas
1K] California 1K] Mississippi 1K] Utah
IBJ Colorado 1K] Missouri IBJ Vermont
IB] Connecticut 1K] Montana IB] Virginia
IB] Delaware [8] Nebraska IB] Washington
IBJ District of Columbia !Kl Nevada !Zl West Virginia
� Florida � New Hampshire �Wisconsin
[R] Georgia 1K] New Jersey 1K] Wyoming
D Hawaii [8] New Mexico
lx)Idaho [Kl New York
IRJ Illinois 1K] North Carolina
1K] Indiana 1K] North Dakota
IB]Iowa � Ohio
Ix) Kansas [Kl Oklahoma
!Kl Kentucky 1K] Oregon
Ix] Louisiana [x] Pennsylvania
![] Maine � Rhode Island
Attachment A
D All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below) D Am erican Samoa
D Federated States of Micronesia
0Guam
D Midway Islands
D Northern Marina Islands
D Puerto Rico
D U.S. Virgin Islands
♦ Minority and Women Business Enterprise (MWBE) and (HUB) Participation ► It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
♦ Residency
• Minority / Women Business Enterprise
• Respondent Certifies that this firm is a M/WBE
• Historically Underutilized Business
• Respondent Certifies that this firm is a HUB
□
□
► Responding Company's principal place of business is in the city of_M_a_d_is_o_n ____ _, State of _W_I __
♦ Felony Conviction Notice
► Please Check Applicable Box;
D A publically held corporation; therefore, this reporting requirement is not applicable. 1K] ls not owned or operated by anyone who has been convicted of a felony.
D Is owned or operated by the following individual(s) who has/have been convicted of a felony
► If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.
♦ Distribution Channel
► Which best describes your company's position in the distribution channel:
[R] Manufacturer Direct D Certified education/government reseller [R] Authorized Distributor D Manufacturer marketing through reseller 1K] Value-added reseller D Other: __________ _
♦ Processing Information
► Provide company contact information for the following:
• Sales Reports / Accounts Payable
Contact Person: _A_m_y�S_c_h_m_a_le _________________ _ Title: Contra ct Adminis trat or
Company: Demeo Inc.
Address: PO Box 7488
City: Madison State: --'-W-"-'1______ Zip: 53707-7488
Phone: 866-558-9068 Email: a [email protected]
Attachment A
• Purchase Orders
Contact Person: Amy Schmale ----------------------
Title: Contract Administrator
Company: Demeo. Inc.
Address: PO Box 7 488
City: Madison
Phone: 866-558-9068
State: WI Zip: 53707-7488
Email: contracts@demco com
• Sales and Marketing
♦ Pricing Information
Contact Person: _....,Ja.:.:.n,.,.e:.:..t .:..:N�el""'so..,n.,__ ________________ _ Title: Director of Business Development
Company: Demeo. Inc.
Address: PO Box 7488
City: Madison State: _W_I ______ Zip: 53707-7488
Phone: 608-241-8568 Email: [email protected]
► In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. • If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.
IBJ Yes D No
► Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.
[Z] Yes D No
► Vendor will provide additional discounts for purchase of a guaranteed quantity. [Kl Yes O No
Attachment A
Tab 4 - Vendor Profile
Please provide the following information about your company:
♦ Company's official registered name.
♦ Brief history of your company, including the year it was established. ♦ Company's Dun & Bradstreet (D&B) number.
♦ Company's organizational chart of those individuals that would be involved in the co11tract. ♦ Corporate office location.
► List the number of sales and services offices for states being bid in solicitation. ► List the names of key contacts at each with title, address, phone and e-mail address. ♦ Define your standard terms of payment.
♦ Who is your competition in the marketplace?
♦ Provide Annual Sales for last 3 years broken out into the following categories:
► Cities / Counties
► K-12
► Higher Education
► Other government agencies or nonprofit organizations
♦ What differentiates your company from competitors?
♦ Describe how your company will market this contract if awarded. ♦ Describe how you intend to introduce NCPA to your company. ♦ Describe your firm's capabilities and functionality of your on-line catalog/ ordering website. ♦ Describe your company's Customer Service Department (hours of operation, number of service centers, etc.)
♦ Green Initiatives
► As our business grows, we want to make sure we minimize our impact on the Earth's climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste,
Attachment A
energy conservation, ensure efficient computing and much more, To that effort we ask respondents to provide their companies environmental policy and/or green Initiative. ♦ Vendor Certifications (if applicable)
► Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can Include M/WBE, HUB, and manufacturer certifications for sales and service,
Attachment A
imagine what's possible·
COMPANY'S OFFICIAL REGISTERED NAME
Demeo, Inc.
COMPANY HISTORY
Demeo has a long history of successful business operation. We started as a library forms business, known as the Democrat Printing Company of Madison, Wisconsin in the late 1800s. In 1925, our name took on an abbreviated form and was changed to Demeo Library Supplies. Today, we simply go by Demeo.
The key to our longevity has been our ability to predict and respond to our customers' changing needs and transform our product and service selections. Among our goals Is to help libraries innovate with flexible furniture for collaborative spaces, standards-based programming, creative teaching resources and user-friendly software solutions.
One thing that has not changed over the last 100+ years is Demco's 100% guarantee. We do everything we can to help you find the right solution every time. Should any of your members not be completely satisfied with their orders, we'll make it right. Contact with Customer Service within 6 months of the invoice date secures a prompt replacement, credit or refund. 100%
GUARANTEE
MILESTONES
1905
1925
1950
1965
1968
1978
1988
2003
2010
2011
Library Department of the Democrat Printing Company in Madison, Wisconsin created.
Demeo founded.
Renamed Demeo Library Supplies. Owner, Norman Bassett, sets precedent for working with librarians to understand their needs. Results: How-to-books and guides, mending materials, cleaners, standardized catalog cards
Moved to Madison, Wisconsin's near northeast side.
Built production and warehouse facility on 20 acres of land In DeForest, Wisconsin.
With 4 subsequent additions, this facility now totals 164,000 square feet.
John Wall becomes company president.
Company name shortened to Demeo. John Wall named new owner of the company; Demeo becomes subsidiary of Wall Family Enterprises.
Relocated headquarters office to new 42,000 square foot, two-story building in Madison.
Add DEM CO Interiors to family of brands. Results: 3D renderings, design/layout, product procurement, project management and installation to take customers' vision for their spaces to reality.
Acquire Upstart and Edu press brands. Results: Award-winning educational games, reading incentives, early literacy curriculum, standards-based learning materials Evanced Solutions enters the Demeo fold. Results: Solutions allowing libraries to web-enable services and streamline day-to-day management tasks
Date Prepared: 9.4.15 NCPA-Tab 4 ©2014 Demeo Inc.
Attachment A
2014
imagine what's possible�
Your single source for leading-edge library and school products. Results: Offer 50,000+ products, continually research new products to meet libraries' evolving needs and provide special ordering capabilities to best serve customers.
COMPANY'S DUN & BRADSTREET (D&B) NUMBER
00-6552483
COMPANY'S ORGANIZATIONAL CHART OF THOSE INDIVIDUALS THAT WOULD BE
INVOLVED IN THE CONTRACT
See attachment titled "Organizational Chart".
CORPORATE OFFICE LOCATION
List the number of sales and services offices for states being bid in solicitation.
List the names of key contacts at each with title, address, phone and email address.
See attachment titled "Corporate Office location" & "Key Contacts".
DEFINE YOUR STANDARD TERMS OF PAYMENT
Demeo, Inc. has a standard payment term of net 30 days from the date of the invoice.
Demeo plans to use its standard invoice process for orders placed through our Annual Catalog/Website under the NCPA contract. We have the ability to invoice when the shipment leaves our warehouse. If invoicing by order, we invoice when the last shipment leaves our warehouse. Drop shipped orders are invoiced when we are invoiced by the manufacturer, usually on the ship date.
For project based orders, invoices are processed upon the completion of the project with a walk through verifying that everything has met the customer's satisfaction.
If there are any issues with an invoice, please contact us and we can investigate and resolve any issues or discrepancies. No interest or penalty is assessed for delayed payment due to concerns about the invoice.
WHO IS YOUR COMPETITION IN THE MARKETPLACE
The competitive environment for Demeo varies based on the business channel and region of the country. For the project bases market, our competitors can range from local to national dealers. Nationally we compete with companies such as Contrax Furnishings or School Specialty and regionally with contract furniture dealers servicing the library and school market such as Arizona Furnishings or Library Interiors, Inc. Our primary catalog/website competitors include Brodart, School Specialty & Library Store.
PROVIDE ANNUAL SALES FOR LAST 3 YEARS BROKEN OUT INTO THE FOLLOWING CATEGORIES:
WHAT DIFFERENTIATES YOUR COMPANY FROM COMPETITORS?
There are several areas that we feel differentiate us from our competitors and allow us to offer our customers turnkey solutions. These include the following
• Comprehensive product offering- with a growing range of exclusive lines, as well as a broad range of standard products, Demeo has a comprehensive offering appropriate for library and school use. In addition, custom Items can be developed as needed.
• Collaborative design process - our strength is in being able to precisely execute the customer vision, so w� work tirelessly with all stakeholders to ensure that the project does Just that. Our regional representatives, and knowledgeable internal staff are available every step of the way. • World class project services - the project isn't complete until every step is completed to the customer's satisfaction.
Our professional staff works tirelessly to keep projects on track even with last minute changes and adjustments.
Date Prepared: 9.4.15 NCPA-Tab 4 ©2014 Demeo Inc.
Attachment A
De'mCO
®
_,
imagine what's possible
"'
Barb Evert
Director of Media
Services
~1
Stephanie Mueller
VP Marketing
Graphic
Designers/ Artists
Web Designers
Kris Childs
Director of Product
Management
Product Managers
J
Chris Mcclean
Director of Sales
Alice Hodges
Sales Manager
Regional Project
Managers
Gary Stern
Steve Scicchitano
Don Ehlenfeldt
Sales Supervisor
I
Inside Sales
Representatives
Shawna Ley
Lynn Kiley
Stacey Schneider
Bids Sales Team
Nedra Sadorf
President
1 Steven Massey
Bids Manager
ORGANIZATIONAL CHART
---1--�
Mike Goethe!
VP Operations &
Customer Service
-c
Mike Wygockl
Director of Customer
Cheryl leik
Operations Manager
_. Service
L--------
sharon Shanahan
Contract Services
Supervisor
---1..-=--===-- _,
Project Quote &
Fulfillment
Coordinator
Julie Cary
Nanci Neubauer
Bruce Hutchinson
Installation
Coordinator
-Stephen Gower I
Design Supervisor
Amy Schmale
Contract
Administrator
Amber Beal
Design Associate 2
Brianna Falor
Design Associate 1
��:r,... -�
CD (")
=i 3
(1)
::,
>-
Attachment A
oe'rnco·
imagine what's possible N
CORPORATE OFFICE LOCATION
List the number of sales and service offices for states being bid in solicitation.
Sales/Service Offices
CORPORATfOf:FICE
OEMCO, Inc.
Corporate Office
4810 Forest Run Road
Madison, WI 53704
REGIONAL OFFICES
Gary Stern
Territory Manager
5406 Falling Leaves Lane
McFarland, WI 53558
HOME AGENTS
OEMCO, Inc.
Warehouse/Plant
500 E. North Street
DeForest, WI 53532
Steve Scicchitano
Territory Manager
5211 Harriet Fisher Drive
Cley, NY 13041
Demeo has several employees that work out of their homes for our order department. These employees are located in Arizona, California, New York & North Dakota. They only handle calls and are not able to make site visits.
Attachment A
l .f
oemco�
imagine what's possible •
List the names of key contacts at each with title, address, phone and email address.
KEY CONTACTS
OEMCO, Inc.
Corporate Office• Project Sales
PO Box 8548
Madison, WI 53708-8548
Phone: 800-747-7561
Fax: 800-730-8094
E-mail: [email protected]
PROJECT SUPPORT STAFF
Julie Cary
Project Quote & Fulfillment
Coordinator
PO Box 8548
Madison, WI 53708-8548
Phone: 800-747-7561
Fax: 800-730-8094
E-mail: [email protected]
PROJECT MANAGERS
Steve Scicchitano
Eastern Region Project Manager
5211 Harriet Fisher Drive
Cley, NV 13041
Phone: 800-858-2720
Fax: 855-356-8138
E-mail: [email protected]
States coverd: Al, CT, DE, GA, MA,
MD, ME, NC, NH, NJ, NY, PA, RI, SC,
VA, VT,WV
INSIDE SALES PROJECT SPECIALIST
Stacey Schneider
Inside Sales Project Specialist
4810 Forest Run Road
Madison, WI 53704
Phone: 800-747-7561 x4522
Fax: 800-730-8094
E-mail: [email protected]
States coverd: Al, CT, DE, FL, GA, LA,
MA, MD, ME, MS, NC, NH, NJ, NY,
PA, RI, SC, VA, VT,WV
BIO SPECIALIST
Patrick Crombie
Bid Specialist
PO Box 7488
Madison, WI 53707-7488
Phone: 800-462-8709
Fax: 888-329-4728
E-mail: [email protected]
States coverd: fl, MN, MO, WI
Margie Meinzer
Bid Specialist
PO Box 7488
Madison, WI 53707-7488
Phone: 800-462-8709
Fax: 888-329-4728
E-mail: [email protected]
States covered: AL, Fl, GA, MS, NC,
SC
DEMCO, Inc.
Corporate Office - Catalog Sales
PO Box 7488
Madison, WI 53707-7488
Phone: 800-356-1200
Fax: 800-245-1329
E-mail: [email protected]
Nanci Neubauer
Project Quote & Fulfillment
Coordinator
PO Box 8548
Madison, WI 53708-8548
Phone: 800-747-7561
Fax: 800-730-8094
E-mail: [email protected]
Gary Stern
Central Region Project Manager
5406 Falling leaves Lane
McFarland, WI 53558
Phone: 866-589-5104
Fax: 800-730-8094
E-mail: [email protected]
States covered: AR, IA, IL, IN, KS, KY,
Ml, MN, MO, ND,NE, OH, OK, SC,
TN,WI
Lynn Kiley
Inside Sales Project Specialist
4810 Forest Run Road
Madison, WI 53704
Phone: 800-747-7561 x2397
Fax: 800-730-8094
E-mail: [email protected]
States covered: AR, IA, IL, IN, KS, KY,
Ml, MN, MO, ND,NE, OH, OK, SC,
TN, WI
leAnn Dawson
Bid Specialist
PO Box 7488
Madison, WI 53707-7488
Phone: 800-462-8709
Fax: 888-329-4728
E-mail: [email protected]
States covered: OK, TX
Cheryl Stedman
Bid Specialist
PO Box 7488
Madison, WI 53707-7488
Phone: 800-462-8709
Fax: 888-329-4 728
E-mail: [email protected]
States coverd: AR, IA, IN, KY, LA, Ml,
OH, TN
Amy Schmale
Contract Administrator
4810 Forest Run Road
Madison, WI 53704
Phone: 866-558-9068
Fax: 888-329-4728
E-mail: [email protected]
Bruce Hutchinson
Installation Coordinator
PO Box 8548
Madison, WI 53708-8548
Phone:608-242-8545
Fax: 800-730-8094
E-mail: [email protected]
Open
Western Region Project Manager
Interviews at� b�ing conducted for this posmon.
Phone:
Fax:
E-mail:
States covered: AZ, CA, ID, MT, NM,
NV, OR, UT,WA, WY
Shawna Ley
Inside Sales Project Specialist
4810 Forest Run Road
Madison, WI 53704
Phone: 800-747-7561 x7187
Fax: 800-730-8094
E-mail: [email protected]
States covered: AZ, CA, CO, ID, MT,
NM, NV, OR, TX, UT,WA, WY
Lisa Heinen
Bid Specialist
PO Box 7488
Madison, WI 53707-7488
Phone: 800-462-8709
Fax: 888-329-4728
E-mail: [email protected]
States covered: CA, ID, WA
Matt Mann
Bid Specialist
PO Box 7488
Madison, WI 53707-7488
Phone: 800-462-8709
Fax: 888-329-4728
E-mail: [email protected]
States covered: MA, MD, ME, NH,
NY, VT
Bryan Born
Bid Specialist
PO Box 7488
Madison, WI 53707-7488
Phone: 800-462-8.709
Fax: 888-329-4728
E-mail: [email protected]
States covered: AZ, CO, KS, MT,
ND,NE, NV, OR, SD, UT
Deb Merfeld
Bid Specialist
PO Box 7488
Madison, WI 53707-7488
Phone: 800-462-8709
Fax: 888-329-4728
E-mail: [email protected]
States covered: CT, DC, DE, NJ, PA,
VA,WV
Attachment A
4 '
oemco
®
imagine what's possible�
DESCRIBE HOW YOUR COMPANY WILL MARKET THIS CONTRACT IF AWARDED Demeo has plans to market this contract through a few different avenues. Our websites accommodate the placement of the awarded contract with NCPA on our contract page located at www.demcointeriors.com. Secondly, we would have all the pertinent information regarding the NCPA guidelines under the award and our awarded product lines available for each Sales Representative for sales calls. Leave behind collateral would be developed as part of this package.
Our internal staff will also have complete information and will be educated on the details of the NCPA contract through training sessions and periodic updates so that they can support customers and our field representatives appropriately, Our Contracts department will communicate with customer are required their purchases being made under contract the information regarding the NCPA contract and terms.
DESCRIBE HOW YOU INTEND TO INTRODUCE NCPA TO YOUR COMPANY NCPA really needs no introduction to the sales team with Demeo. NCPA is a contract that we have developed a bind!!r consisting of all the pertinent information on the contract guidelines under the award as well as the product lines for each Sales Representative. At the first sales meeting after an award, we would update our Sales group with the information on a new award. Training and feedback will also be a portion of our on-going monthly meetings.
Our internal staff will also have complete information and will be educated on the details of the NCPA contract through training sessions and periodic updates so that they can support customers and our field representatives appropriately.
DESCRIBE YOUR FIRM'S CAPABILITIES AND FUNCTIONALITY OF YOUR ON-LINE CATALOG/ORDERING WEBSITE.
Electronic ordering capabilities with Demeo Annual Catalog/Website at www.demco.com always strive to support the valuable work of library and education professionals by providing great service and a 100% guarantee on every product. We offer product information for over 50,000 items on our website with the top selling items in our Full Line Catalog. We continually are adding new products to our offering and those items are visible on our website as soon as they are available. We also feature a Solution Center, Library Calendar of Events, discontinued product specials, live chat or online assistance and more. Attached you will find a description for working with www.demco.com.
With our Project based division, customers can go to www.demcolnteriors.com to view our proprietary furniture product lines along with Corporate Information, Services & a Portfolio with examples of the work we have done. With the detailed requirements of these orders and the personal touch required for these customers, we are able to provide this information through personalized contact with each customer through phone and email depending on the customer preferences. At this time, a location in which a customer can order or view the status of an order in real time is not available.
DESCRIBE YOUR COMPANY'S CUSTOMER SERVICE DEPARTMENT (HOURS OF OPERATION, MUNBER OF SERVICE CENTERS, ETC.)
Customers who have a project needing services such as design or installation or product not available through the Demeo Annual Catalog/Website are encouraged to contact us at 877-448-7780. One of our helpful representatives would work with you to understand your needs and then involve the most appropriate staff for your needs. Field Representatives are generally available between 8:00 am - 5:00 pm Monday through Friday in their respective time zones. Inside Sales/Project Specialist and Project Support Staff are available from 7:30 am - 5:00 pm CT Monday through Friday. We are closed major holidays.
For assistance with items from our Annual Catalog or Website, NCPA Members are always welcome to contact our Customer Service Department at 800-962-4463. We have Customer Service Representatives ready to help from 7:30 am - S:00 pm CT Monday through Friday. If a member is interested in placing an order, they may reach out Order line at 800-356-1200 from 7:00 am - 6:00 pm CT Monday through Friday. Again we are closed major holidays.
GREEN INITIATIVES
As our business grows, we want to make sure we minimize our impact on the Earth's climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCP to reduce out carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative.
Date Prepared: 9.4.15 NCPA-Tab4 ©2014 Demeo Inc.
Attachment A
imagine what's possible"
Environmental Considerations
Demeo maintains a commitment to the environment by striving to partner with subcontractors who actively work to use environmentally responsible practices in their manufacturing and processing activities. Our corporate office and manufacturing facilities engage in continuous improvement and energy management practices to help conserve valuable natural resources.
Packaging materials, when used, contain recycled content.
With our network of manufacturing partners, we have the ability to handle projects that require sustainable products that comply with many of the certifications or programs required for the many of today's Green Building Projects. Let us know your project requirements and we will provide you with the appropriate documentation to ensure that your project is a success.
Examples of the processes in place are listed below:
• Several of our manufacturers are members of the U.S. Green Building Council. • Many of our products have ability to contribute LEED credits. • Finishing process including UV cured finishes and powder coat paint finishes release no volatile organic compounds (VOC).
• Adhesives used do not contain any added urea formaldehyde and processes do not call for any adhesives to be used at the building site during installation.
• When possible, shipments are blanket wrapped to eliminate excess waste from packaging materials. • Packaging, when utilized, is recyclable.
• Manufacturing facilities are designed for energy efficiency. • Scrap wood recycle program converts waste to mulch and is used by local companies for energy creation or reuse. • Plywoods and hard woods purchased from a Forestry Stewardship Council (FSC) Certified company.
VENDOR CERTIFICATIONS (if applicable)
None
Date Prepared: 9.4.15 NCPA-Tab 4 ©2014 Demeo Inc.
Attachment A
Tab 5 - Products and Services
♦ Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs.
♦ The following is a list of suggested (but not limited to) categories. List all categories along with manufacturer that you are responding with. Respondents do not have to offer every category in order to be considered for award.
► Audio / Visual Furniture
► Cafeteria
► Casegoods
► Classroom & Library
► Dormitory
► Ergonomic Solutions
► Filing Storage
► Healthcare
► Highmark
► Lighting
► Lounge / Reception
► Related Products and Support Services
► Science Lab
► Seating / Chairs
► Tables / Meeting Conference Room
► Technology Support Furniture
► Workstation
► List how your company will handle the following items:
• Local Representation
• Product Support
• Delivery and Installation
■ Warehousing
• Warranty & Claims
■ In-stock Furniture
♦ Manufacturers
► If respondent is a manufacturer please provide list of dealers/resellers you wi�h to assign underneath the contract.
I t-
Attachment A
I I
oamco�
imagine what's possible�
List how your company will handle the following items:
local representation
Demeo currently has 2 Regional Project Territory Managers covering the eastern and central regions of the United States. We are currently interviewing for third Regional Project Territory Manager to cover the western region. Within our corporate office we have 3 Sales Representatives who are able to assist customers as well with project planning and meet their furniture needs.
Product support
Planning: Assessment of client needs is done through program review, job site visits, evaluation of architect and designer plans and/or interviews of appropriate parties. All data ls employed as the project moves into the design phase.
Product Specification: These are developed on standard products through manufacturer specifications and on custom products CAD/shop drawings. The design staff has an extensive range of vendors to work with and can recommend product alternatives.
Complete specification and bid documents can be provided as required by the project.
Product Procurement: With an extensive network of over 500 vendors, OEMCO provides product procurement from sources both domestically and internationally. Products are available to complete public, as well as, staff spaces within the library. In addition, we are equipped to supply products for other areas within schools or community centers.
Technical Support: Complete plans, drawings and specifications and any revisions to these items are provided to the client, as well as the installation team. Our Design staff takes into account ADA accessibility requirements and other technical. requirements in their designs and specifications. Staff is also available to consult with clients in regard to any technical issue in the furniture plan that they may be concerned with.
Delivery and installatlon
Delivery or Meeting the Truck at Job Site: Depending upon the complexity and the nature of the job site deliveries may either be consolidated at a warehouse or delivered directly to the job site. If the shipment is sent directly to the job site for a project order, an installation crew will be assigned to meet the truck at the site. For orders placed through the DEMCO Annual Catalog/Website, we will ship either by FedEx Ground or through one of the common carriers we use on a regular basis.
Customers will have the opportunity to order the appropriate accessorial services that meet their needs. Additional charges will apply to these services.
Installation: Using a nationwide network of installation crews, we employ quality teams who have a thorough understanding of the products that they are installing. They provide professional service from project start to finish.
Warehousing (If necessary)
If a project is rather complex and being delivered by multiple vendors, or a job site is not ready for Installation at the appropriate time, DU can secure warehousing for the product until the site ls available. Warehousing fees may apply in this situation.
Warranty & Claims
Products ordered for a project are warranted through the manufacturer. Shipping claims are handled by the Project Coordinators. We ask that all shipments are checked within lS days for any missing or damage products so that a claim may be filed.
With orders placed for delivery only through our DEMCO Annual Catalog/Website, we work to provide you with the best service and selection in the industry. But if you're not satisfied, we're not satisfied. That is why each product is 100% guaranteed. If you don't like it, you get your money back. It's that simple.
In-stock furniture
Orders for products stocked in our warehouse will be shipped within 24-48 hours. The majority of furniture items we offer are shipped directly from the manufacturer. This allows us to maintain a very broad offering of product and reduces that damage that can occur with additional shipping and product handling.
Date Prepared: 09.4.15 NCPA-Tab S 1[)2014 Demeo Inc.
Attachment A
Tab 8 - Value Added Products and Services
♦ Include any additional products and/ or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.
Attachment A
Imagine what's possible·
ADDITIONAL PRODUCTS/SERVICES DISCOUNT SUMMARY
Brand
3M
OEMCO
OEMCO
Category
Library Security Equipment
Library Security Supplies
Circulation Technology Solutions
Equipment & Supplies
Automated Material Handling & Returns
DEMCO Full Line Catalog or go to Library Supplies, Book Care & Protection, Website www.demco.com/ncpa for Learning Materials, Office & School complete product listing and for Supplies, Arts & Crafts, Display, Facilities new product additions. Management Supplies
Date Prepared: 9.4.15 NCPA- Tab 8
Pricing Str.u(ture
Call for Quote
5%
Call for Quote
15% Supplles
5% Learning Materials
8% Equipment
8% Furniture
Additional Comments
Call 800-697-9473 for a quote.
Additional fees for inst;:iilatlon aod
extended warranty may be
required. Excluded from FOB
Destination.
See DEMCO Full Line Catalog for
prod�cts avall�ble. _
Additional fees for Installation and
extended warranty may be
required. Excluded from FOB
Destination.
Cail 800-697-9473 for a quote.
Additional fees for installation and
extended warranty may be
required. Excluded from FOB
!)�t!_l}atlQI'!_.
Product exclusion: 3M Security
products, Subscription program
products and Licensed products
including but not limited to:
Garfield, Eric Carle, Arthur,
Clifford. $7S min. order after
discount required for Free
�ipplng.
©Demco lnc.
Attachment A
Tab 9 - Required Documents
♦ Clean Air and Water Act/ Debarment Notice
♦ Contractors Requirements
♦ Antitrust Certification Statements
♦ FEMA Standard Terms and Conditions Addendum for Contracts and Grants ♦ Required Clauses for Federal Assistance by FT A
♦ State Notice Addendum
Attachment A
Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended ( 42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C.1368), Executive Order 117389 and Environmental Protection Agency R�gulation, 40 CFR Part 15 as required under 0MB Circular A-102, Attachment 0, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.
I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension", as described in the Federal Register and Rules and Regulations Potential Vendor
Print Name
Address
City, Sate, Zip
Authorized signature
Date
Demeo, Inc.
Amy Schmale
PO Box 7488
Madison. WI 53707-7488
September 8, 2015
Attachment A
Contractor Requirements
Contractor Certification
Contractor's Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.
Participating Government Entitles including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract These Entities reserve the right to confirm compliance In accordance with applicable laws.
Should the Participating Entitles suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedie� allowed by Jaw, including, but not limited to:
suspension of work, termination of the Contract for default, and suspension and/or debarm1,nt of the Contractor, All costs necessary to verify compliance are the responsibility of the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entitles in which work Is being performed Finaerprlnt & Background Checks
ff required to provide services on school district property at least five (S) times during a month, contractor shall submit a full set of fingerprints to the school district If requested of each person or employee who may provide such service.
Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized In Governing Board policy, The district shall conduct a fingerprint check In accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall Aot provide services on school district properties until authorized by the District.
The offeror shall comply with fingerprinting requirements In accordance with appropriate statutes In the state In which the work Is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity In which work Is being performed
Business Operations In Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations In Suda.n i"·)P.· �""Id, Authorized signature i�l/t;;,t/· ·) /t,tZJ,:::;J
I Date September 4, 2015
Attachment A
Antitrust Certification Statements Tex. Government Code 2155.005 I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.
Company name
Address
City /State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Demeo, Inc.
PO Box 7488
Madison, WI 53707-7488
866-558-9068
888-320-0288
[email protected]
Michael J. Wygocki
Attachment A
Region XIV Education Service Center
Thu 1·scl:n, Oclobcr ·i s1
, 2015 .,
OE ICO, Inc-.
ATl'f\: i\lichacl .I. \\'ygocki
PO Box 7fi88
l\ladison, WI 53707
Dear l\1 i<'hac-1:
1850 H igliwa_v 351
Abile11<', TX 79601-fi75o
325-675-8(-ioo
F 1\� 'h5-675-8fi59
Hcgion XI\' Education Sc•rvic<' Center is lrnpp) Lo ,11111ounct• that DEl\lCO, lne has hccn awarded an annual contrael for Furniture based on the proposal suhmittecl to J\cgion XI\' ESC.
The eonlraet is effective i111111cdialel., and" ill <'xpirc on October 31", :W 18. Th(' contract <'an he 1·cnewcd ,11rnuall) for an additional fin• years, ir mutuall., agT('t•d on h.) Hcgion XIY ESC and DE1\ICO, In<·.
\\ e look fornarcl lo a long and sucecssful parlnership undc1·1wath this contract.
Ir you haw all) l(LIC'Stions 01' COIH'er11s, rl'C'I rrct' lo contact IIIC al 325-675-Sfi00.
Sineercl.,,
Honn it' l\.incaid
Hegion \I\, E:,..c•cutiH· Director
Attachment A
Tab 2 - NCPA Administration Agreement
This Administration Agreement is made as of October 1. 2015 . by and between National Cooperative Purchasing Alliance ("NCPA") and _D_em_c_o�ln_c_. _______ ("Vendor").
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated October 1, 2015 referenced as Contract Number 07-24 by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the "Master Agreement"), for the purchase of Furniture;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as "public agency" or collectively, "public agencies") may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
♦ General Terms and Conditions
► The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. ► NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor's obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.
► Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. ► NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement. ► With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative. partner, or agent of any type of Vendor, Region 14 ESC, or such. Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region
Attachment A
14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and ( c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement. ► The Public Agency participating in the NCPA contract and Vendor may enter Into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined In this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ♦ Term of Agreement
► This Agreement shall be in effect so long as the Master Agreement remains in effect. provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.
♦ Fees and Reporting
► The awarded vendor shall electronically provide NCPA with a detailed monthly or quarterly report showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices at [email protected].
Reports are due on the fifteenth (15th) day after the close of the previous month or quarter, It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following Information as listed in the example below:
Entity Name Zip Code State PO or Job# Sale Amount ... . . .
Total ___ �_
► Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.
From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor's annual sales shall be measured on a calendar year basis.
Deadline for term of payment will be included in the invoice NCPA provides.
Annual Sales Tbr!!Y&ll Contract
0 - $30,000,000
$30,000,001 • $50,000,000
$50,000,001 +
Administrative Fee
2%
1.5%
1%
..
Attachment A
► Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four ( 4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an underreporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA's costs and expenses for such audit. ♦ General Provisions
► This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
► Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA. ► If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which such party may be entitled.
► Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCP A. Any assignment without such consent will be void.
► This Agreement and NCPA's rights and obligations hereunder may be assigned at NCPA's sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA's obligations hereunder
► All written communications given hereunder shall be delivered to the addresses as set forth below.
National Cooperative Purchasing Alliance: Vendor: Demeo, Inc.
Name: Matthew Mackel Name: Michael J. Wygocki
Title: Director2 Business Develo12ment Title: Director of Customer Service Address: PO Box 701273 Address: PO Box 7488
Houston TX 77270
Signature: t;;z;:;:?(= Signature:
Date: October 1 2015 Date:
Attachment A
Reg·ion XIV Education Service Center
Wednesday, August 1•i, 2018
0EMCO, Inc.
ATTN: Michael .I. Wygocki
PO Box 7/i88
Madison, WJ 53707
Re: Annual Renewal of NCPA contract #07-2/i
Dear Michael:
1850 Highway 351
�bilene, TX 79601-(i75o
325-675-8600
FAX 325-675-8659
Region XIV Education Service Center is happy Lo announce that DEMCO, Inc. has been awarded a three-year term contract renewal for Furniture based on the proposal submitted to Region XIV ESC.
The contract will expire on October 31 s', 2021, completing the sjxth year of a possible eight year term. If yom· company is not in agreement, please co�1tact me immediately.
If you have any questions or concerns, feel free to contact me at 325-675-8600.
Sincerely,
Ronnie Kfocaid
Region XIV, Executive Director
Attachment A
Region XIV Education Service Center
Thursday, July 1 st, 2021
DEMCO,Inc.
ATTN: Michael J. Wygocki
PO Box 7488
Madison, WI 53707
Re: Annual Renewal ofNCPA contract #07-24
Dear Michael:
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
Region XIV Education Service Center is happy to announce that DEMCO, Inc. has been awarded a two-year term contract renewal for Furniture based on the proposal submitted to Region XIV ESC.
The contract will expire on October 31 st, 2023, completing the eighth year of a possible eight year term. If your company is not in agreement, please contact me immediately.
If you have any questions or concerns, feel free to contact me at 325-675-8600.
Sincerely,
Shane Fields
Region XIV, Executive Director
Attachment A
August 17th, 2021
NCPA – National Cooperative Purchasing Alliance
Region XIV Education Service Center
Chris Thomas, Regional Manager
1850 Highway 351
Abilene, TX 79601-4750
RE: Modification to the NCPS contract 07-24
Dear Chris,
Demco would like to modify our currently awarded contract #07-24. Currently, our contract gives free freight on all products to the end user or FOB destination. Current market conditions are making it difficult to continue to offer these shipping terms to your members. Demco is requesting a modification to the contract that will allow us to charge for shipping and processing on items that are drop shipped from the manufacturer and make these FOB shipping point. This would include Furniture and Equipment items out of our Full line catalog, on demco.com, and from the manufacturers catalog. Items stocked in our warehouse (Supplies and Learning Materials) will continue to receive free shipping and processing if the current minimum order requirement is met. All other terms and conditions would remain the same under the contract.
Thank you for your time and consideration in this request. We have enjoyed working with NCPA and value our partnership. Please feel free to reach out to me at [email protected] or by phone at 866-
558-9068 if you have any questions or concerns about this modification.
Sincerely,
Demco, Inc.
Kristopher L Snow
Contracts Facilitator
866.558.9068
[email protected]
Attachment A
EXHIBIT B
INSURANCE REQUIREMENTS
(Only if DEMCO is used for FF&E Installation)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
Attachment A
provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self-insured
Attachment A
retention may be satisfied by either the named insured or City of Stockton.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.
Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Contractor shall include the following language in their agreement with Subcontractors: Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request
. Contractor shall provide proof of such compliance and verification to the City upon request.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Attachment A
Proper address for mailing certificates, endorsements and notices shall be:
City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
Attachment A
EXHIBIT C
Price Quote T2174025 and related terms and conditions
Attachment A
Stockton County - NE Library and Recreation Center
Project ID: D2030069
NCPA - Catalog
06/23/2022
07/08/2022
CONTRACT:
QUOTE ISSUE DATE:
QUOTE EXPIRATION DATE:
4810 Forest Run Road
Madison WI 53708-8548
fax 800.730.8094
QUOTE ID: T2174025
QUOTE VERSION/TYPE: Version 06
SALES REP: PROJECT COORDINATOR:FOR:
Jenni Fontanilla
Email:
Phone:
jennifer.
2099937869
Email:
Phone:
Steve Scicchitano
Fax:
[email protected]
800-858-2720
855-356-8138
[email protected]:
608.242.4524
Fax:
Phone:
Steve Wiesen
800.730.8094
ROOM: 01 ROOM
Tag
Product #Line # Discount %Quantity
Discount
Unit PriceUnit Price
Extended
Price
1.00 12243150 2 $3,536.00 56.2% $1,548.77 $3,097.54BK07 Options:
Wood Finish Maple
Description: ColorScape Cabinet Depressible Book Truck 22"Hx26"Wx22"D
2.00 13796800 1 $559.99 52.9% $263.76 $263.76BK08
Description: Demco End of Range Multimedia Dplay55-3/8x16-1/2x22-3/4Maple
3.00 19068930 9 $882.00 26.1% $651.80 $5,866.18CH01
Notes: GROUP P0: TECH SHADOW | BACK: WHITE | BASE: POLISHED ALUMINUM Description: Diem Weight-Activated Task Chair, 1D Arms
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center
4.00 19068930 9 $525.00 26.1% $387.98 $3,491.78CH02
Notes: GROUP P0: TECH SHADOW | SHELL: COTTONWOOD | BASE: WARM GREY, CARPET CASTER | S Description: Strive Task Armless Chair Upholstered Seat
5.00 19068930 3 $1,164.00 26.1% $860.20 $2,580.59CH04
Notes: GRADE F: APHRODITE CAPRI | FRAME: BLACK | NYLON GLIDES Description: Calida 30" 4-Leg Stool
6.00 19075550 2 $2,199.00 14.5% $1,880.14 $3,760.29CH05 Notes: GRADE 7 MOM. EON FRESHWATER
Description: Venus Tub Chair 33.5"Hx25.25"Wx24.25"D
7.00 19000410 1 $7,248.00 39.6% $4,377.79 $4,377.79CH06 Notes: GRADE G, MAHARAM PRIME - | MANDALA | WOOD: AGED ASH COORDINATE Description: Caav Single Seat, Privacy Surr 35.25Wx39.5Dx52H
8.00 19000410 3 $7,864.00 39.6% $4,749.86 $14,249.57CH06 Notes: GRADE G, MAHARAM PRIME - | MANDALA | WOOD: AGED ASH COORDINATE | TABLET LAMINATE: AGED ASH Description: Caav Single Seat, Privacy Surr Tablet Arm Laminate, Left, 35.
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center
9.00 19065490 3 $2,248.00 26.1% $1,661.27 $4,983.82CH07 Notes: GRADE 3 MOM. FAUX FELT LAGOON | FRAME: CHROME
Description: Nios High Back Lounge Chair Sled Base, 33Wx31.5Dx41H
10.00 19065490 3 $2,937.00 26.1% $2,170.44 $6,511.33CH09 Notes: GRADE 7 MAHARAM PRIME TULIP | LAMINATE TABLET: BRITE WHITE | FRAME: CHROME Description: Nios Mid-Back Lounge Chair, Sl Book Rack, Tablet Arm Right, L
11.00 13761940 10 $579.99 44.4% $322.47 $3,224.74CH12
Options:
Color Orange
Description: Moon Chair 14"H Seat
12.00 13726580 3 $1,868.99 25.9% $1,384.92 $4,154.76CH13 Options:
Glide type Nylon
Back/Seat Vinyl Zizania Lava
Description: KI Sway Chair White Shell 41-3/4" x 33" x 32-1/2"
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center
13.00 13796170 1 $1,120.48 10.4% $1,003.95 $1,003.95CH14 Notes: GROUP 3, GRADE B CFS AMPLIFY | PARAKEET
Options:
Fabric or Vinyl color Atlas Pebble Vinyl
Atlas Peacock Vinyl
Atlas Wave Vinyl
Atlas Atlantic Vinyl
Atlas Tuscan Vinyl
Atlas Plum Vinyl
Atlas Spotlight Vinyl
Atlas Spruce Vinyl
Atlas Pitch Vinyl
Bryant Park Marigold Fabric
Bryant Park Nile Fabric
Bryant Park Crocodile Fabric
Bryant Park Violet Fabric
Bryant Park Night Shadow Fabric
Bryant Park Gunmetal Fabric
Bryant Park Hemlock Fabric
Bryant Park Raspberry Fabric
Alpine
Bristol Blue
Claret
Dove
Golden Corn
Greystone
Grotto
Henna
Lapis
Sangria
Turquoise
Water
Description: Quarry Shale Seat 25-1/4"H x 22"W x 28-1/2"D
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center
14.00 13796150 1 $1,008.39 12% $887.38 $887.38CH14
Notes: GROUP 3, GRADE B CFS AMPLIFY | MARIGOLD
Description: Quarry Flint Seat 19"H x 19"W x 18"D
15.00 19075550 6 $594.00 20.8% $470.45 $2,822.69CH16
Notes: SHELL & PAINTED LEGS: HAZE | BLUE | GLIDES: PLATIC WITH FELT Description: Kin Plastic Side Chair Wood Legs, Plastic Glides
16.00 19075550 6 $658.00 19.3% $531.01 $3,186.04CH16
Notes: SHELL & PAINTED LEGS: HAZE | BLUE | GLIDES: PLATIC WITH FELT Description: Kin Plastic Tub Chair Wood Legs, Plastic Glides
17.00 19068930 4 $1,164.00 26.1% $860.20 $3,440.78CH17
Notes: GRADE F: APHRODITE NILE | FRAME: BLACK | NYLON GLIDES Description: Calida 30" 4-Leg Stool
18.00 19000400 7 $1,085.00 39.6% $655.34 $4,587.38CH18
Notes: IRON ORE GRAY
Description: Florette Single Seat, Arms Set of 4, 20Dx23.5Wx31H
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center
19.00 19003320 24 $441.00 32.8% $296.35 $7,112.45CH19
Notes: POLY SHELL: TANGERINE | FRAME: CHROME | STANDARD GLIDE Description: Amadeus Sled Base Chair Polyproylene Shell
20.00 19003320 2 $757.00 32.8% $508.70 $1,017.41CA03
Description: Amadeus Transport Stacking Dolly
21.00 19000390 2 $1,879.00 39.6% $1,134.92 $2,269.83D01A Notes: LAMINATE: DESIGNER WHITE | METAL: ARCTIC SILVER
Description: Flux Bench Surface Laminat Dual Sided 48"D x 60"W
22.00 19000390 2 $2,553.00 39.6% $1,542.01 $3,084.02D01B Notes: LAMINATE: AGED ASH | METAL: ARCTIC SILVER
Description: Flux Box-File Storage Cabinet Right 18"W x 24"D Laminate
23.00 19000390 2 $2,553.00 39.6% $1,542.01 $3,084.02D01C Notes: LAMINATE: AGED ASH | METAL: ARCTIC SILVER
Description: Flux Box-File Storage Cabinet Left 18"W x 24"D Laminate
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center
24.00 19000390 3 $390.00 39.6% $235.56 $706.68DMSB
Notes: METAL: ARCTIC SILVER
Description: Flux Mid Support Storage Tower Bracket, 22dx1wx2h
25.00 19000390 2 $1,254.00 39.6% $757.42 $1,514.83D01D
Notes: GRADE C, MOM. PACT AZURE
Description: Flux Uph Tack Board Privacy Sc Fixed Height 18"H x 60"W
26.00 19000390 1 $2,319.00 39.6% $1,400.68 $1,400.68D01E Notes: LAMINATE: AGED ASH | METAL: ARCTIC SILVER
Description: Flux End Support Four Door Sto Flush Legs 48"D x 22"D Laminat
27.00 19000390 2 $1,424.00 39.6% $860.10 $1,720.19D02A
Notes: LAMINATE: AGED ASH | METAL: ARCTIC SILVER
Description: Flux 66 x 28 Rect Peninsula Ta 6"w Full Support Panel, Left S
28.00 19000390 2 $2,753.00 39.6% $1,662.81 $3,325.62D02B Notes: HPL: AGED ASH | METAL: ARCTIC SILVER
Description: Flux 22X90, Box/Lateral File Open, Storage Credenza
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center
29.00 19000390 2 $1,047.00 39.6% $632.39 $1,264.78D02C
Notes: HPL: AGED ASH | METAL: ARCTIC SILVER
Description: Flux 30"W 32H" Workwall Panel Accessory File Shelf, Laminate
30.00 19000390 1 $512.00 39.6% $309.25 $309.25D02D
Notes: HPL: AGED ASH | METAL: ARCTIC SILVER
Description: Flux 30" W Wall Mount Overhead Shelf, Laminate
31.00 19000390 2 $3,219.00 39.6% $1,944.28 $3,888.55D02E Notes: HPL: AGED ASH | METAL: ARCTIC SILVER
Description: Flux 24"W 69"H Box/File, Open Side Wardrobe, Right, Flush Le
32.00 19000390 2 $665.00 39.6% $401.66 $803.32D02F
Notes: GRADE C, MOM. PACT AZURE | SUPPORTS: AGED ASH
Description: Flux 30"W x 31 1/2"H Wall Mount Tack Panel
33.00 19000390 1 $903.00 39.6% $545.41 $545.41D02G
Notes: HPL: AGED ASH | METAL: ARCTIC SILVER
Description: Flux 90" W Wall Mount Overhead Shelf, Laminate
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center
34.00 12228990 1 $439.99 43.7% $247.71 $247.71EQ25
Description: LibraryQuiet End-Range Bktrk 6 Sloping 44-1/2x18 BahamaBlue
35.00 12228880 1 $549.99 37.6% $343.19 $343.19EQ27
Description: LibraryQuiet 6 Sloping Shelf Bktk 44-1/2x31x17" Orange Zest
36.00 12233850 1 $549.99 37.6% $343.19 $343.19EQ28
Description: LibraryQuiet 6 Sloping Shelf Bktk 44-1/2"x31"x17" Teal
37.00 13789880 1 $789.99 22.7% $610.66 $610.66F01
Description: Demco Mobile Build 'N Write Play Area 31" x 46-1/2"
38.00 13791390 1 $2,434.99 15.1% $2,067.31 $2,067.31L01 Description: Jigsaw Puzzle Corner Set 5 Pieces
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center
39.00 13798030 1 $1,536.99 8% $1,414.03 $1,414.03L02
Notes: GRADE C MAHARAM MANNER | PARAKEET | WOOD: ALE MEDIUM Description: JSI Indie Triangular Pouf 12" x 48" x 48"
40.00 19069380 3 $536.25 54% $246.68 $740.02L03
Notes: PLASTIC GLIDES
Description: Mika Chair, 12"H Seat
41.00 13695310 4 $863.99 8% $794.87 $3,179.48P01
Description: Powerball Electrical Unit 24"H
42.00 19000410 1 $4,766.00 39.6% $2,878.66 $2,878.66SF01 Notes: GRADE C CFSTIN. FUSE SLATE | WOOD: AGED ASH COORDINATE Description: Caav Three Seat Chair 34.25Dx87.5Wx30.5H
43.00 13653030 2 $1,036.99 16.9% $861.74 $1,723.48T01
Notes: TOP: DESIGNER WHITE
Description: Mini Mobile Crescent Table 29"H x 42" Diameter
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center
44.00 13771520 1 $1,589.00 32.8% $1,067.81 $1,067.81T02 Notes: UPGRADE TIER 2 TOP | HPL: BLACK | LEGS: GRAPHITE Description: Versatilis Table Tall Height Semi-circle 41"Hx59"Wx29-1/2"D
45.00 19068930 1 $1,021.00 26.1% $754.52 $754.52T03
Notes: GRADE E/2V: ZIZANIA CARBON | TOP HPL+EDGE: KENSINGTON MAPLE Description: MyPlace Round Table - 26"Dia. Concealed Glides, Non-Contrast
46.00 19068930 4 $1,210.00 26.1% $894.19 $3,576.76T04
Notes: GRADE E/2V: ZIZANIA BRILLIANT | ORANGE | TOP HPL: MARKERBOARD WHITE | EDGE: WARM GREY Description: MyPlace Square Table - 26"W x Concealed Glides, Non-Contrast
47.00 19069380 1 $2,863.25 54% $1,317.10 $1,317.10T05
Notes: UPGRADE TOP: LINOLEUM LIGHT | BLUE L422 | PLASTIC GLIDES Description: Small Pentagon Move Upp Table 23.25"H, Tapered Wood Legs, 5
48.00 19000430 2 $1,265.00 39.6% $764.06 $1,528.12T07
Notes: LAMINATE: AGED ASH
Description: Prost 18H Cylinder Column Tabl 3/4" Plinth Base, 24 Round
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center
49.00 13799550 2 $7,787.99 22.9% $6,004.54 $12,009.08T08 Options:
Frame Finish Green Apple
Description: Haskell Rover Table w/ Power & 6 Stools 36-1/2"Hx84"Wx42"D
50.00 19003320 3 $2,023.00 32.8% $1,359.46 $4,078.37T09 Notes: HPL: WILSONART PLATINUM | FRAME: BLACK TEXTURED
Description: Fixed Table, 29H, Round 29Hx42 Round, Powder coat base
51.00 19003320 1 $3,267.00 45% $1,796.85 $1,796.85T10
Notes: HPL: PIONITE BLACK | FRAME: BLACK TEXTURED
Description: Fixed Table, Bar Ht, Rectangul 42Hx30Dx60W, Powder coat base,
52.00 19068930 21 $500.00 26.1% $369.50 $7,759.50T11A
Description: ValueLite Folding Table Round, 60" Diam.
53.00 19068930 3 $1,022.00 26.1% $755.26 $2,265.77CA01
Description: Vertical Storage Caddy Cap-8,32-5/8Wx55-1/4L
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center
54.00 19068930 20 $411.00 26.1% $303.73 $6,074.58T11B
Description: ValueLite Folding Table Rectangular, 30"D x 96"W
55.00 19068930 2 $725.00 26.1% $535.78 $1,071.55CA04
Description: Vertical Storage Caddy Cap-9,26-5/8Wx78"L
56.00 13684790 12 $1,674.00 32.8% $1,124.93 $13,499.14T12 Notes: UPGRADE TIER 3 TOP | HPL: FORMICA AGED ASH | LEGS: SILVER Options:
Laminate Top color Designer White
Kensington Maple
Pewter Brush
Titanium EV
Wild Cherry
Leg color Graphite
Silver
Description: Kite 750 Series Mobile Table Rectangle 29" x 60" x 30"
57.00 19068930 7 $525.00 26.1% $387.98 $2,715.82T13
Notes: HPL TOP + EDGE: FROSTY WHITE | BASE: COOL GREY
Description: C-Table Round Table 27" Fixed Ht,18" Diam. Worksur
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center
58.00 13761960 5 $279.99 28% $201.59 $1,007.96T14
Options:
Color Orange
Description: Amped Side Table 16-1/2"H 22-1/4"Wx16-3/4"D 16-1/2 HSeat
59.00 13728930 7 $1,874.99 19.1% $1,516.87 $10,618.07T15 Options:
Tekwood finish Natural
Description: Travira Café 48" Bistro Table 29 X 47 X 47
60.00 13732880 1 $5,496.99 8% $5,057.23 $5,057.23T16
Options:
Laminate colors Designer White/Island
Description: Accent Display Table w/ Levels 74"H x 60"W x 31-1/2"D
61.00 13819510 1 $1,045.99 29.2% $740.56 $740.56T17
Options:
Tabletop Color Kensington Maple
Gear Guard Rim Color Orange
Description: Demco Gear Guard STEM Table 27-39"Hx60"Wx39"D
62.00 13780680 1 $114.99 15.1% $97.63 $97.63T17
Description: Demco Gear Guard STEM Table 27-39"Hx60"Wx39"D
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center
63.00 19072810 6 $960.00 26.9% $701.76 $4,210.56TC01
Notes: EXTERIOR: BRIGHT WHITE | INTERIOR: ALUMINUM METALLIC | DECALS: STANDARD OPTIONS - | BLACK Description: Tall Recycling Station, Dual S 30"w x 27"h x 12"d, Specify De
65.00 12228980 1 $439.99 64% $158.40 $158.40EQ26
Description: LibraryQuiet End-Range Bktrk 6 Sloping 44-1/2x18" Aubergine
SUB TOTAL
SHIPPING $22,002.05
SERVICES N/A
GRAND TOTAL $241,427.29
$199,490.81
$19,934.43TAX
Attachment A
D2030069 / T2174025 Stockton County - NE Library and Recreation Center Quote ID: T2174025
Shipping & Delivery Options If this quote includes options, they are based on the following list, (note: shipping options may only apply to certain shipments):
Billing Information
Community Services
Department- 605 N El Dorado
Street
Stockton, CA, 95202-Bill
Contact:
Jenni Fontanilla
209-993-7869
Shipping
Jenni Fontanilla
NE LIbrary & Community Center
1641 West Lane
Stockton CA 95210
Customer Contact
Jenni Fontanilla
209.937.8306
[email protected]
Designer
Angela Loewecke
Drawing ID:
Signature that authorizes Demco to place this order:
Signature Date
This quote will be updated after the August 23, 2022 council meeting, per Coop agreement - contingency for price increases
Attachment A
1.2021
DEMCO INTERIORS
TERM
S AND CONDITIONS
Please read these terms and conditions carefully. All orders for goods and any related se
rvices (“Products”) by any buyer (“customer”) from Demco Interiors are governed by these terms and conditions. Demco Interiors is a service offered by Demco, Inc.
1. Exclusive Terms. De mco agrees to sell its products only on these terms and conditions, unless otherwise agreed upon in writing by both parties. You shall be deemed to have accepted these terms and conditions by any written indication of acceptance, by submitting an order in response to a quotation, by any action affirming your order without objection to these terms and conditions, by accepting any whole or partial shipment of Products, or by making any whole or partial payment to Demco.
2. Price. Unless Demco agrees otherwise in writing, you agree to pay Demco’s product p
rice in effect at the time an order is accepted by Demco. In any project, critical decision points will occur requiring timely communication by customer of color, fabric, finish choices. If decisions are not made in a timely fashion, Demco reserves the right, by giving you notice at any time before delivery, to increase the price of the Products to reflect any increase in the manufacturing or production cost to Demco, any change to delivery dates, quantities or specifications for the Products requested by you, or any delay caused by your instructions or your failure to give Demco adequate information or instructions.
3. Cancellation of Orders .
By submitting an order to Demco, you are accepting
responsibility for beginning the procurement of products wherein returns or cancellations of customized products are generally not allowed. You may not cancel an order, in whole or in part, without the written consent of Demco. No cancellation will be accepted by Demco except on terms that will fully indemnify and reimburse Demco against loss, including recovery of all costs incurred by Demco, and including indirect and overhead charges and profit.
4. Delivery. You acknowledge that shipment dates and delivery dates are estimates only.
D
emco agrees to use all reasonable efforts to meet the estimated shipping date subject to your prompt provision of all necessary specifications and information; however, Demco will not be held responsible for any failure to meet an estimated date. If you request a delay in shipment, Demco shall have the right to (i) bill you for the Products at the initial requested delivery date, and (ii) bill you for any storage charges incurred. In the case of delivery of Products by installments, you agree that you will not treat the delivery of faulty Products in any one installment or the late delivery or non-delivery of any one installment as a repudiation of the whole contract. Unless special shipping instructions are received and accepted by Demco before the shipment date, Demco shall, in its sole judgment, determine the means and routing of shipment, or store the Products at your expense until you provide shipping instructions.
5. Risk and Title to Products .
Unless otherwise expressly agreed by Demco, all
shipments are F.O.B. point of shipment. “Point of shipment” shall be, as applicable:
Demco’s dock; for drop shipments, manufacturer’s or distributor’s dock; for international Products, the United States point of entry. Demco will select the origin of all shipments, and all delivery destinations will be subject to Demco’s approval. Title to and risk of loss for Products will pass at the F.O.B. point.
6. Exclusion of Warranties .
You acknowledge that Demco is not the manufacturer of
the Products, and therefore (a ) Demco makes no express or implied warranties of any kind wi
th respect to the products, and (b) Demco expressly disclaims any implied warranty of me
rchantability or fitness for a particular purpose. All Products are warranted only to the ex
tent of the manufacturer’s warranties, which Demco will provide to you at your request.
7. Limitation of Remedies and Damages . Demco’s liability and your remedies under this Agreement will be limited solely to replacement or credit, at Demco’s option, with respect to Products for which Demco has received, within fourteen (14) days after your receipt of the Products, evidence satisfactory to Demco of defective or incorrect Products.
Demco’s liability will in no event be greater in amount than the purchase price of the products. Demco will not be liable, under any circumstance for consequential, incidental, special or punitive damages, including, but not limited to, labor costs or lost profits resulting from the products being incorporated in or becoming a component of any other article. Neither party will have any negligence or other tort liability to the other, or to any third party arising from any breach of this agreement.
8. Variations. Any minor shortages or defects that do not materially affect the use for w
hich the Products are intended will not affect the terms of payment. Products, specifications, and colors may differ slightly from those illustrated in Demco’s literature and samples. Any typographical or clerical omission in any sales literature, price list, quotation, acceptance of offer, invoice or other document or other information issued by Demco shall be subject to correction without any liability on the part of Demco.
9. Claims. Demco’s responsibility for shipment shall cease upon delivery to the carrier.
A
ny claims for damages or loss occurring in shipment shall be made by Demco on your behalf directly to the carrier. All other claims for damages, defects, loss, shortages, or incorrect Products must be made within fourteen (14) days after receipt of the Products, unless otherwise agreed by the parties in writing. Your failure to make any claim within the specified time period will result in the unconditional waiver of that claim. Demco reserves the right to accept or reject any claim in whole or in part. Demco shall not be responsible for any defects caused by your willful or negligent acts, incorrect storage or installation of the Products, or normal wear and tear. Any claim based on a manufacturer’s warranty shall be made within the period prescribed by the warranty.
10. C
redit Report and Payment . You hereby give Demco permission to make all reasonable inquiries into your credit history. Following such reviews, Demco will notify you of the payment terms for your orders, which will be one of the following:
a. Net 30 Days.
If these terms apply to you, all amounts due under this contract shall be paid within 30 days following your receipt of an invoice. b. 25% Down, Net 30 Days. If these terms apply to you, you must pay 25% of the contract upon notice from Demco of the terms of payment, and the re
maining amount due shall be paid within 30 days following your receipt of an invoice.
c. 50% Down, Net 30 Days. If these terms apply to you, you must pay 50% of the contract amount upon notice from Demco of the terms of payment, and the re
maining amount due shall be paid within 30 days following your receipt of an invoice.
d. 100% Down or Payment Bond. If these terms apply to you, all amounts due under this contract shall be paid upon notice from Demco of the terms of pa
yment. Alternatively, you may provide a payment bond or other security acceptable to Demco.
If you are required to make a down payment under the preceding payment terms, Demco ma
y not process your order for Products under this contract until such down payment is received by Demco. You agree that you will not withhold payment of any amount due be
cause of any other claims or set-off you may have against Demco.
11. Collection and Other Fees . You agree to pay Demco all costs, including reasonable attorneys’ fees, incurred by Demco in collecting amounts you owe to Demco or in otherwise enforcing, asserting, or defending these terms and conditions.
12. Indemnity. If the Products are to be manufactured or any process is to be applied to t
he Products in accordance with a specification submitted by you, you hereby indemnify Demco against all loss, damages, costs and expenses awarded against or incurred by Demco in connection with or paid or agreed to be paid by Demco in settlement of any claim whatsoever including, but not limited to, infringement of any patent, copyright, design, trademark or other intellectual property rights of any other person that results from Demco’s use of your specification.
13. No Installation.
These terms and conditions do not govern the installation of any Products purchased from Demco. Please refer to your installation agreement for the terms relating to installation.
14. General
Fo
rce Majeure. Demco shall not be liable for any delay or default in performing this co
ntract if such delay or default is caused by conditions beyond its control including, but not limited to, Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of Demco.
Le
gal Interpretation. Any disputes relating to this contract shall be decided in accordance with the laws of the State of Wisconsin without reference to conflicts of laws principles. Exclusive jurisdiction and venue for any lawsuit relating to this contract shall lie in the state and federal courts of Dane County, Wisconsin. The prevailing party in any lawsuit relating to this contract shall be entitled to recover its costs and reasonable attorneys’ fees.
Severance and Waiver. The invalidity or unenforceability of any provision of this contract shall not affect the validity or enforceability of any other provisions of this contract, and this contract shall be construed as if such invalid or unenforceable provision were not included in this contract. Failure or neglect by Demco to enforce an
y of the provisions hereof shall not be construed as nor be deemed to be a waiver of Demco's rights hereunder, and Demco's right to take subsequent action shall not be pr
ejudiced thereby.
Successors and Assigns. This contract shall inure to the benefit of and be binding upon each of the parties hereto and their respective heirs, executors, administrators, legal personnel, representatives, successors and assigns, but shall not be assignable by you without the written consent of Demco.
En
tire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the Installation services and supersedes all prior agreements, representations, warranties, statements, promises, arrangements and understandings whether written or oral, expressed or implied with respect thereto.
Any changes or additions to the Installation services or this contract must be agreed in writing by Demco and you.
No
tice. Any notice required or permitted to be given by either party in this contract shall be in writing and addressed to the other party at its registered office or principal place of business or such other address as may have been provided by written notice.
Attachment A