Article 3: Payments
3.01 Payments.
A. Library shall pay Licensor the Software license fees, in the amounts and under the terms set forth in Exhibit C. All fees shall be payable upon presentation of invoices. Licensor may change its license fees for additional copies of the Software upon thirty (30) days prior written notice.
Article 4: Confidentiality
4.01 Confidentiality.
A. Library agrees that neither Library, its agents, nor, its employees shall in any manner use, disclose or otherwise communicate any information with respect to the Software which might enable copying of all or any portion of the Software. Library agrees to take all necessary action to protect the confidential and proprietary information included in the Software, including appropriate instructions and agreement with its employees.
Article 5: Title
5.01 Title.
A. Library agrees that Licensor owns all copyright, trade secret, patent, trademark and other proprietary rights in and to the Software, including all modifications thereto.
Article 6: Warranty and Support
6.01 Warranty.
A. Licensor warrants that it has clear title to the Software. Licensor further warrants that for a period of three hundred sixty-five (365) days after installation, the Software, if used by Library in accordance with the Software’s user documentation, will substantially perform the functions set forth in Exhibit B. LICENSOR MAKES NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.02 Support Procedures.
A. Access to Online Support Services. Under this software license, all Tech Logic customers have 24/7 access to online support services, including the ability to submit and view online help tickets. For details, see the Customer Care Guidelines.
B. Access to Phon e Support Services. Under this software license, all Tech Logic customers have access to toll free phone and email support. For details, see the Customer Care Guidelines.
ATTACHMENT A
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Tech Logic Corporation | Exhibit I: Software License Agreement Page 3
C. Remote and Onsite Service Support. Library will notify Tech Logic of any software issue via telephone (1- 866-880-9981 or 651- 389-4990), email to customercare@tech - logic.com or via online ticket submitted through the 24/7 customer portal. For details regarding this process, please see Tech Logic’s Customer Care Guidelines (Exhibit L). i. Tech Logic will attempt to correct the issue via remote technical support. Tech Logic will seek permission from the Library to access the system via remote proxy. ii. Should Library and Tech Logic agree that an onsite service visit is required, Tech Logic shall provide the Library with an action plan including the anticipated travel and on-site time expected to correct the issue as well as a quote for the onsite service call, unless onsite service is covered through the terms of a specific warranty or maintenance program (e.g. AMH Warranty Continuation Plan). Upon receiving authorization from the Library, Tech Logic will proceed with the onsite service visit.
D. Response Time. Tech Logic works diligently to resolve support requests as quickly as possible upon receipt. If needed, Tech Logic has established resolution benchmarks based upon the relative severity of each issue. For information about these benchmarks, please see our Customer Care Guidelines (Exhibit L)
E. Tech Logic Software Updates and Upgrades. Under this software license, Tech Logic ensures optimal functionality of Tech Logic software within the library’s IT ecosystem. i. Tech Logic takes care of all upgrades to our software, ensuring these updates are accomplished remotely by our customer care team with prior permission from the library for remote access.
ii. Upgrades to our software will be announced by Tech Logic and scheduled with the customer at a mutually agreed upon date and time during operating hours of Tech Logic. Should special circumstances require scheduling outside of operating hours, services will be quoted and approved by customer prior to scheduling. iii. Upgrades are done via remote session with the customer’s permission. Should the customer request onsite upgrade assistance, Tech Logic will provide a quote for this service to be approved by the customer prior to execution. iv. Transitions to entirely new software products/platforms are not included in this license. v. Tech Logic software releases are based on customer’s individual requirements, enhancement requests, or as a result of a bug fix impacting the functionality of the system. This is scheduled through Tech Logic’s customer care team, who will work on behalf of the Library with our software team.
vi. Tech Logic installs LogMeIn on each PC prior to leaving the manufacturing facility i n order to remotely access the machine to apply any patches and/or upgrades as needed. Updates are performed by either a member of our customer care team or by one of our software engineers. Tech Logic will always call and ask permission prior to logging in to ensure the Library is aware we are accessing the system.
ATTACHMENT A
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F. Generic (e.g. OS, CPU, Network) Maintenance and Updates. When it comes to generic (e.g. OS, CPU, library network) updates, Tech Logic’s solutions are on-premise software systems that will reside and operate on the library’s servers (onsite or virtual) and on the library’s network. Like other on-premise systems within the library, the proposed solutions will benefit from and depend on the library’s network security, backup, remediation, restoration, and update policies and procedures.
i. While Tech Logic can provide consultation regarding OS, CPU, security, and anti - virus updates, purview and responsibility belongs to the library’s IT organization to decide what tools and practices they want to implement—within the bounds outlined in Article 3 of the Contract.
G. System Uptime. Tech Logic’s software solutions are on-premise systems that will reside and operate on the library’s servers (onsite or virtual) and on the library’s network. Tech Logic will work diligently to ensure optimal and up-to-date function of our products within the library’s IT ecosystem.
i. Because the proposed Tech Logic solutions are on premise, system uptime will depend largely upon the performance of the library’s server(s), network, hardware, and other infrastructure serving the library’s premises. With this in mind, we are confident that our solutions will maintain excellent uptime.
H. Special Projects. Special projects, such as changes to ILS provider and any reconfiguration and/or testing specific to an ILS upgrade and/or conversion, will be a billable service to the Library for software support. A quote for services will be provided and a scope of work determined for the project. Library network issues are not covered under the support parameters of this program and are billable to the Library if they are deemed necessary to make corrective action.
I. Product Serviceability. If Tech Logic finds that a library’s operating system is no longer serviceable due to the age of the equipment, end of product life, or discontinuation by the manufacturer, then Tech Logic will notify the Library and will advise of new purchase options.
i. Upon distribution of Library notification, discontinued parts and/or products will be removed from the warranty program.
ii. Tech Logic may elect to discontinue certain products for reasons including but not limited to the following: the product is obsoleted at the end of its life cycle, key product components are no longer being manufactured, vendor obsolescence or technology obsolescence.
Article 7: General Provisions
7.01 General Provisions.
A. This Exhibit is subject to any applicable provisions outlined in the Contract including, but not lim
ited to, the general provisions outlined in Article 11 of the Contract. If there is deemed to be a material and direct discrepancy between any provisions within this Exhibit and provisions within the Contract, the Contract shall govern.
ATTACHMENT A
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Tech Logic Corporation | Exhibit I: Software License Agreement Page 5 Exhibit I Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, as of the dates set forth below.
Tech Logic Corporation
Signature:
Gary Kirk, President
Date:
City of Stockton, CA
Signature:
Library Agent
Date:
ATTACHMENT A
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Tech Logic Corporation | Exhibit J: Optional Exd. Hardware Warranty Page 1
Exhibit J: Extended Hardware
Warranty (Optional)
Contract # 17253
Stockton Public Library
This (OPTIONAL) EXTENDED HARWARD WARRANTY by and between Tech Logic Corporation (“Tech Logic”) and The City of Stockton (“Library”) becomes effective beginning on the first day after the one-year warranty expiration and upon execution of this document by the parties, expiring one year (365 days) from that date.
WHEREAS Library desires to enter into a Service Agreement for its Tech Logic System; And
WHEREAS Tech Logic represents and warrants that it possesses the skill, experience, knowledge, and qualifications to provide service hereunder.
NOW THEREFORE in consideration of the promises of each party to the other hereunder, and for other good and valuable consideration, the parties agree as stated in the aforementioned articles.
Article 1: Optional Extended Hardware Warranty
1.01 Optional Extended Hardware Warranty.
A. Availability. The optional Extended Hardware Warranty is available after the first -year warranty outlined in Article 8 of the Contract.
B. Costs. Costs are billed annually (unless prepaid) for each year that the library chooses to purchase this service.
i. The price of the Optional Extended Hardware Warranty for the hardware outlined in Exhibit C is payable within 12 months of completion of installation, and each year thereafter for as many subsequent years as the Library chooses to renew. Costs automatically increase by 2% each year after year two, unless prepaid. ii. Discount pricing is available for multiple year pre-payment.
Years (After First- Year Warranty) If Pre-Paid in a Lump Sum 2 $13,687.47
2–3 $26,006.19
2–4 $38,188.04
2–5 $61,593.61
ATTACHMENT A
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Article 2: Extended Hardware Warranty Procedures
2.01 Extended Hardware Warranty.
A. Defective hardware falling within the Extended Hard- ware Warranty Program will be repaired or replaced—via the procedures outlined in section 2.02 or 2.03—with those of like-kind and quality, and may be new, non -original manufacturer, or remanufactured.
Expendable and/or consumable items or parts included with the equipment (e.g. batteries, chargers, cords, receipt paper, etc.) are not covered under this program.
2.02 Standard Procedures
A. Service Procedures. If, within the Extended Hardware Warranty period, any hardware proves defective due to defects in material or workmanship, Library shall promptly notify Tech Logic of product defect via telephone (1 -866-880-9981 or 651-389-4990), email to [email protected] or via the contact methods outlined within our Customer Care Guidelines.
B. Depending on the product and the defect, and subject to confirmation that the equipment meets Tech Logic’s warranty requirements, Tech Logic’s Customer Care Team will either fix the issue remotely, help the Library to return the equipment, or propose a schedule for onsite repair. Tech Logic will, within reasonable time, replace or repair the product at Tech Logic’s expense, or refund the product’s purchase price.
C. Hardware Return Under Warranty. If applicable, Tech Logic may require return of the defective product prior to refund or replacement.
i. If return of equipment is necessary, Tech Logic will assign a return merchandise authorization (RMA) and notify the Library. All returned merchandise must include the RMA number.
ii. The Library shall securely package the defective equipment and inform Tech Logic’s Customer Care Team that the equipment is ready for shipment. iii. Upon notification from the Library, Tech Logic will send a call tag for pickup and return. iv. When service is complete, Tech Logic will ship the repaired or replaced equipment to the Library via regular ground. Requests for expedited return will be accommodated, when possible, at the Library’s expense—otherwise, all parts, labor, shipping, etc. will be at Tech Logic’s expense. Tech Logic shall not be responsible for any loss or damage incurred in shipping.
v. Following a warranty repair or replacement, this limited warranty shall continue in effect until the end of the original warranty period or for sixty (60) days after the repair or replacement, whichever is later.
ATTACHMENT A
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Tech Logic Corporation | Exhibit J: Optional Exd. Hardware Warranty Page 3
2.03 Onsite Service (QUOTED)
A. Should the Library and Tech Logic agree that an onsite service visit is required rather than hardware return shipment (please note that scenarios requiring onsite service are very rare for security gates, self-checkout units, staff stations, and other similar solutions) Tech Logic will provide the Library with an action plan including the anticipated travel and on-site time expected to correct the issue as well as a quote for the onsite service call.
Upon receiving authorization from the Library, Tech Logic will proceed with the onsite service visit.
2.04 Product Serviceability.
A. Product Serviceability. If Tech Logic finds that a solution is no longer serviceable because parts are not available due to the age of the equipment, end of product life, or dis - continuation by the manufacturer, then Tech Logic will notify the Library and will advise of new purchase options.
i. Upon distribution of Library notification, discontinued parts and/ or products will be removed from the warranty program.
ii. Tech Logic may elect to discontinue certain products for reasons including but not limited to the following: the product is obsoleted at the end of its life cycle, key product components are no longer being manufactured, vendor obsolescence or technology obsolescence.
2.05 Routine Weekly Maintenance Not Included.
A. Routine weekly maintenance as described in the original maintenance documentation provided at the time of sale shall continue to be the responsibility of the Library. Lack of required machine maintenance may preclude and/or cancel this Extended Hardware Warranty program.
Article 3: Terms and Conditions
3.01 Finance Charge.
A. Delinquent payments shall incur a finance charge of 1.5% per month, with service being suspended until the account is cleared.
3.02 Limitation of Liability for Consequential and Similar Damages.
A. In no event shall Tech Logic be liable to Library for any indirect, special, or consequential damages, or lost profits, that are not the direct result of any act, omission, or negligence of Tech Logic or Tech Logic’s agents. Unless related to an act, omission, or negligence of Tech Logic or Tech Logic’s agents, liability for defective equipment is expressly limited to replacement or repair of defective equipment, subject to the equipment warranties currently in effect.
ATTACHMENT A
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3.03 Limitation on Amount of Damages.
A. In the case of liability, each party’s liability to the other shall not exceed one hundred percent (100%) of the total Contract price. This limitation of liability shall not apply to damages arising out of or relating to a party’s failure to comply with confidentiality obligations, if applicable; personal injury, including death, caused by the negligent or intentional acts of a party or its representatives; damage to tangible property caused by the negligent or intentional acts of a party or its representatives; damages arising out of any loss of data or other damage to data caused by any disabling code or virus; and either county’s obligation to pay litigation costs and attorneys’ fees of one or both parties if ruled accordingly by a judge or applicable authority.
3.04 Other Limitations
A. Replacement or Repair. Tech Logic shall determine whether the components should be replaced or repaired.
B. Misuse. Any damage to covered system(s) or their components caused by misuse, neglect, or unauthorized repair, maintenance, or modification of the equipment is specifically not covered under this Extended Hardware Warranty program. Any warranty is void if the System is modified or altered without the knowledge and written permission of Tech Logic.
C. Movement. The warranty herein shall remain in effect should the Library move Tech Logic solutions to another location only if said move is coordinated/acknowledged by Tech Logic.
i. For security gates, should the gate(s) be removed for any reason and then be re - installed by the Library, additional charges may be incurred for reconfiguration and system optimization. Tech Logic accepts no responsibility for functionality after reinstallation unless the gate(s) are reinstated by a Tech Logic certified technician.
3.05 Assignment.
A. This Extended Hardware Warranty Program and all rights and obligations hereunder shall not be assignable by Library except with the prior written consent of Tech Logic. A change in control shall be deemed an assignment subject to this subsection. This Extended Hardware Warranty Program shall be binding upon each party’s permitted successors and assigns.
3.06 Modification.
A. Any modification or alteration of this Extended Hardware Warranty Program shall be effective only upon written agreement of the parties thereupon.
3.07 Notices.
A. To give notice under this Agreement, the Notice must be in writing and sent by postage prepaid first-class mail, receipted courier service, or electronic mail to the address which appears below each party’s signature below or to such other address as any party shall specify.
ATTACHMENT A
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Tech Logic Corporation | Exhibit J: Optional Exd. Hardware Warranty Page 5
3.08 Automatic Renewal.
A. The Extended Hardware Warranty Program commences on the Effective Date and, subject to this Extended Hardware Warranty Program, continues from year to year in automatic renewal to be invoiced yearly at anniversary date. Either Party may give written notice to the other not fewer than thirty (30) business days before the annual anniversary of the Effective Date of this Extended Hardware Warranty Program for renewal to be declined.
3.09 Complete Agreement.
A. Complete Agreement. This Extended Hardware Warranty Program serves as an Exhibit within the Contract between Tech Logic and Library. The Contract and all Exhibits constitute the entire agreement between the parties with regard to the subject matter hereof. No other representations, understandings or agreements have been made or relied upon.
B. Exhibit is Subject to the Contract. This Exhibit is subject to any applicable provisions outlined in the Contract including, but not limited to, the general provisions outlined in Article 11 of the Contract. If there is deemed to be a material and direct discrepancy between any provisions within this Exhibit and provisions within the Contract, the Contract shall govern.
Exhibit Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, as of the dates set forth below.
Tech Logic Corporation
Signature:
Gary Kirk, President
Date:
Stockton Public Library
Signature:
Library Agent
Date:
ATTACHMENT A
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Tech Logic Corporation | Exhibit L: Customer Care Guidelines Page 1
Exhibit L: Customer Care Guidelines
City of Stockton, CA- Chavez Library
The following Customer Care Guidelines provide an outline of Tech Logic’s overall customer service procedures and benchmarks for all Tech Logic warranties, software licenses, and maintenance programs.
For detailed information about each specific warranty, license, or maintenance program, please see the corresponding program’s terms. Wherever program-specific terms differ from these Customer Care Guidelines, the program-specific terms will govern.
Article 1: Contacting Customer Care
1.01 Contacting Customer Care.
A. Tech Logic offers comprehensive service and technical support to maximize product reliability and performance. Services include the following:
i. Toll-free phone support, available as a standard service (1-866-880-9981). ii. Email support via [email protected]
iii. A web-based ticket entry system that provides 24/7 online access iv. Scheduled updates of Tech Logic software, included with Library’s First-Year Warranty and subsequent Software License
1.02 Normal Operating Hours
A. Normal Operating Hours. Our customer care team is available Monday–Friday from 8am– 5pm CST. When you call our toll free number (1- 866-880-9981) or email us at [email protected], you are connected with Tech Logic’s customer care team at our headquarters in Oakdale, MN. Or, if you make contact through our 24/7 web-based ticket entry system, the customer care team will reach out to you regarding the ticket.
B. Exclusions. Normal operating hours exclude company holidays defined as New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas Day. Holidays falling on Saturday will be observed on the Friday before.
Holidays falling on Sunday will be observed the Monday after.
1.03 Night a nd Weekend Service Hours
A. Tech Logic’s web-based ticket entry system provides 24/7 online access to our customer care team. This ticketing system is monitored after hours and on weekends to ensure assistance during off hours for critical situations.
ATTACHMENT A
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Article 2: Procedures
2.01 Procedures.
A. Support Efforts. Tech Logic’s customer care team will make every reasonable effort during Tech Logic’s normal business hours (or off-hours for critical situations) to respond to and resolve all support requests as quickly as possible. The procedures indicated in Artice 2 initiate upon our service team’s receipt of a properly submitted support request via telephone, email, or online web-based ticket entry.
B. Remote Technical Support. When the library makes contact with Tech Logic’s customer care team during normal operating hours via our toll-free number (1-866-880-9981) or via email ([email protected]) the library will be connected with our customer care team. Or, if the library makes contact via 24/7 web- based ticket entry system, the customer care team will reach out to the library regarding the ticket. i. Once contact is made, the customer care specialist will activate remote access to the product (with the library’s permission) to analyze the issue. ii. The customer care specialist will, if at all possible, resolve the issue within the remote session. Otherwise, the customer care specialist will propose a plan of action, working closely with the library to secure a timeline and procedure for resolution based on the severity of the issue and corresponding with any relevant warranty, software license, or maintenance program considerations.
C. Escalated Support. Should the issue (received through our toll-free number, email, or via 24/7 web-based ticket entry system) require escalation beyond remote technical support (outlined in section 2.01.B), the customer care specialist will escalate the case to Tech Logic’s customer care manager and the team will contact the library to establish the resolution plan. i. Tech Logic will provide the library with an action plan including, if needed, any anticipated parts repair/replacement or onsite time as well as a quote, if applicable, for any part(s), shipping, or onsite service expenses (any or all such parts, shipping, or labor charges may be waived depending on applicable warranty and/or maintenance program terms).
D. Hardware Return Under Warranty. If return of equipment is necessary, Tech Logic will as
sign a return merchandise authorization (RMA) and notify the library. All returned merchandise must include the RMA number.
i. The library shall securely package the defective equipment and inform Tech Logic’s customer care team that the equipment is ready for shipment. Tech Logic will send a call tag for pickup and return, with expense considerations depending on any relevant warranty, license, or maintenance program terms.
i. Tech Logic will ship the repaired or replaced equipment back to the library via regular ground. Requests for expedited return will be accommodated when possible, at the library’s expense. Other expense considerations for parts, labor, shipping, etc. will depend on the relevant warranty, license, or maintenance program terms i. Tech Logic shall not be responsible for any loss or damage incurred in shipping.
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Tech Logic Corporation | Exhibit L: Customer Care Guidelines Page 3 E. Onsite Service. Should onsite service be required, Tech Logic will seek authorization from the library to appear onsite.
i. Upon authorization by the Library, Tech Logic will dispatch a highly trained service professional to arrive onsite—generally within 24 hours, depending on the severity of the issue and on the time at which Tech Logic receives authorization for onsite service.
Any charges for onsite service expenses may be waived depending on the relevant warranty, license, or maintenance program terms.
Article 3: Response/Resolution Benchmarks
3.01 Response/Resolution Benchmarks.
A. Tech Logic works diligently to resolve all support requests as quickly as possible upon receipt. Most situations are resolved by remote technical support within the first interaction. If needed, Tech Logic will assign a priority level to each support request and designate resources to resolve each issue according to its priority and resolution benchmarks (outlined below). Please note that, while we take every support request very seriously and make every effort to resolve each issue as quickly as possible, the resolution benchmarks shown here should not be construed as guarantees. i. Priority 1 is a complete loss of service, meaning that the library is unable use the equipment. Typically, the issue has one or more of the following characteristics:
Hardware failure makes the equipment unusable; Software does not start; Software crashes and is unrecoverable. Priority 1 Benchmarks: Resolution plan proposed no more than three hours from support request; Resolution implemented no more than one business day from support request (plus any applicable shipping time). ii. Priority 2 is a production-inhibiting problem that causes a software error or intermittent behavior that leads to partial loss of service. Operations, however, can continue in a restricted fashion. Typically, the issue has one or more of the following characteristics: Software fails, but restart or recovery is possible; Hardware failure, but a restart provides recovery of operation; Software performance is degraded; A major feature is broken that seriously impacts usability and productivity. Priority 2 Benchmarks: Resolution plan proposed no more than one business day from support request; Resolution implemented no more than two business days from support request (plus any applicable shipping time).
iii. Priority 3 involves a question about a specific usage or feature of the product, or a problem that causes minor operational inconvenience. Typically, the issue has one or more of the following characteristics: Software or hardware issue for which there is an acceptable work-around; Software error or hardware issue in which the operational impact is minimal. Priority 3 Benchmarks: Resolution plan proposed no more than three business days from support request; Resolution implemented within a timeframe that is agreed upon with the library.
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Article 4: System Uptime
4.01 System Uptime
A. Tech Logic works diligently to ensure optimal and up-to-date function of our products within the library’s IT ecosystem. Because the proposed Tech Logic solutions are on premise, system uptime will depend largely upon the performance of the library’s server(s), network, hardware, and other infrastructure serving the library’s premises. With this in mind, we are confident that our solutions will maintain excellent uptime. For more information, please see the Software License (Exhibit I).
ATTACHMENT A
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City of Stockton
Legislation Text
File #: 24-0364, Version: 1
APPROVE A MOTION AUTHORIZING THE PURCHASE OF LIBRARY FURNITURE FOR THE MANTECA BRANCH LIBRARY CHILDREN’S ROOM UTILIZING THE COOPERATIVE
PURCHASING AGREEMENT WITH NATIONAL COOPERATIVE PURCHASING ALLIANCE
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve the use of a Cooperative Agreement through the National Cooperative Purchasing Alliance (“NCPA”) Contract Number 07-85 with Demco, Inc. to acquire furniture, fixtures, and equipment for each of the Manteca branch library.
2. Authorize the City Manager, or designee to execute a multi-year Cooperative Purchasing Agreement for the Manteca Library, expiring September 30, 2025, in an amount not to exceed $269,880.45 with Demco, Inc.
3. Approve findings that support and justify an exception to the competitive bidding process.
4. Authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this motion.
Summary
The City of Stockton operates the Stockton-San Joaquin County Public Library System (“Library”).
The Library received funding from the County of San Joaquin to make improvements at the Manteca branch library. The Community Services Department staff recommends entering into a new Cooperative Purchasing Agreements with Demco, Inc. to purchase furniture, fixtures, and equipment (“FF&E”) for the Manteca branch project using the Cooperative Purchasing Agreement with NCPA.
The proposed purchase will be for the Manteca Children’s room, which is scheduled to start August 2024. The Manteca Branch Refresh will not exceed $269,880.45.
DISCUSSION
Background
The City of Stockton operates the Stockton-San Joaquin County Public Library System (“Library”) which is made up of eight City branches/micro libraries and eight County branches.
The Manteca Library, located at 320 W Center Street, is owned, and maintained, by the City of Manteca. The original branch was built and dedicated in 1962 and underwent an extensive remodel in 1979 that tripled the square footage. The Manteca branch has not had any meaningful updates City of Stockton Printed on 5/8/2024Page 1 of 3
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File #: 24-0364, Version: 1
since 1979. In FY2020-21 the County budgeted $45,000 for updating service points for ADA compliance. Once the project was reviewed, the County approved an additional $190,000 in FY 2021 -22 to completely update the Adult and Teen area furnishings along with critical service points. The improvements allowed for new shelving, new seating options, and charging for personal devices.
Patron use of libraries is evolving and as use changes, refresh/remodel projects are enacted to create welcoming spaces, encourage collaboration, and the ability to use and charge personal devices.
NCPA is a national purchasing cooperative utilized by government agencies in all 50 states. The use of a cooperative purchasing agreement ensures municipal agencies such as Stockton receive high- quality products at the lowest price. NCPA awarded a furniture contract to Demco via Region 14 Education Service Center (“Region 14 ESC”) on October 1, 2015. The use of this cooperative purchasing agreement would provide access to the NCPA contract with Demco as well as the entire Demco catalog at the guaranteed lowest rate.
Present Situation
City staff recommends the purchase of furniture and fixtures from Demco, Inc. utilizing a Cooperative Purchasing Agreement with NCPA. The Manteca Library quote is incorporated into Attachment 1 of the motion. If approved, staff will work with Demco to identify products and services, and prepare a quote for the City Manager’s approval.
The National Cooperative Purchasing Alliance is a national government purchasing cooperative that leverages the purchasing power of public agencies. Master contracts are competitively solicited by lead agencies, advertised, and noticed for 30 days, and evaluated based on quality, performance, and pricing. These cooperative purchasing contracts are optional and available to state and local municipal agencies.
The motion authorizes the City Manager or designee to execute a Cooperative Purchasing Agreement through NCPA for $269,880.45 with DEMCO, Inc. The NCPA agreement not to exceed amount includes a 10% contingency for potential cost increases related to supply chain issues and other taxes.
The FF&E products will require related services: Project Management, delivery, and installation that complies with City municipal code and California prevailing wage requirements. Those items are considered “on contract” and included in the quote. Demco is utilizing a qualified subcontractor which has been vetted for compliance\ for installation.
Findings
The Stockton Municipal Code section 3.68.070 provides for an exception to the competitive bidding requirement in those cases where facts exist that support and justify the exception. Section 3.68.070 (A)(5) provides for an exception for those contracts where the City accesses the terms of a competitively bid and negotiated cooperative purchasing agreement. The following are proposed findings for an exception to the competitive bidding process that, if adopted by City Council, constitute sufficient grounds for making such an exception:
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1. Staff seek a cost-effective and competitive process to purchase furniture and fixtures to make modest improvements at four Libraries and replace furniture and fixtures system wide. The City has an existing procurement process for an exception to the competitive bidding process:
a cooperative purchasing agreement. The cooperative purchasing agreement was approved for use at the Troke, Maya Angelou, Tracy, and Thornton Libraries and provided an effective and streamlined approach to procuring the fixtures and furniture.
2. Based on an RFP for furniture, equipment, materials, and supplies from another municipal agency, the NCPA cooperative purchasing agreement eliminates the need for the City of Stockton to release a separate RFP and expend additional overhead and administrative costs.
3. The Administrative Services Department Procurement Division assessed RFP solicitation language, procurement process, procurement rating, and terms and conditions, and determined all components are compatible with the City of Stockton standards.
4. NCPA established a contract with Demco through a competitive solicitation process with Region 14 ESC as the lead public agency. The terms of the NCPA/Demco agreement allow other public agencies to benefit from that contract. The combined purchasing power of all NCPA agencies provides cost-effective pricing, which increases the NCPA Demco discount.
5. Demco provides well-constructed, unique, and hard to find solutions for library spaces. The products ordered for this renovation will match the current furniture design and will improve space utilization.
FINANCIAL SUMMARY
The County Libraries are funded by San Joaquin County, City Libraries are funded by the City of Stockton, and renovation costs are included in both FY 2023-24 adopted budgets. Funds will be available in account 5012-811-650008-100-120-40-50-000-000. It is recommended the Library utilize the Cooperative Purchasing Agreement with Demco for the procurement of furniture for the following libraries.
If approved, staff will work with Demco to space plan, identify products, and obtain quotes for products for each Library. Those quotes and invoices will be approved through the purchase order process.
Attachment A - Cooperative Purchasing Agreement with NCPA City of Stockton Printed on 5/8/2024Page 3 of 3
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1 (Rev. 9.30.22)
COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:
1. Cooperative/Piggyback
Name:
National Cooperative Purchasing Alliance (“NCPA”)
2. Contractor: DEMCO, Inc.
3. Cooperative Agency
Agreement Name and
Agreement Number:
NCPA 07-85
4. Cooperative Agency Initial
Agreement Term:
Start Date: September 1, 2022
End Date: September 30, 2025
5. Cooperative Agency’s
Agreement-Options to
extend:
May be renewed for up to five (5) additional one (1)
year terms. However, the Agreement, including any
extensions, shall not go beyond the eight years as a
total term.
6. Cooperative Agency
Amended Term:
The agreement is in the initial term.
7. Cooperative Agency
Remaining Options to
Renew:
Up to five (5) additional one-year terms.
8. City of Stockton
Cooperative Purchase
Agreement Term:
Start Date: September 1, 2022
End Date: September 30, 2025
9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:
Not to Exceed $ 245,345.86 for the term of the
Agreement.
AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced NCPA 07 -85 (“COOP”) as such may be amended from time to time . The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).
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.
ATTACHMENT A
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2 (Rev. 9.30.22)
1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through September 25, 2025, unless terminated earlier by the City.
2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A , Contractor shall, at Contractor’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 and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limi tation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.
3. Compensation: City and Contractor do her eby enter into this Agreement for Furniture, Fixtures, and Equipment and related services (project management, delivery, and prevailing wage installation) for the Manteca Branch Library’s Children Room refresh 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 $245,345.86 for the purchase of Furniture, Fixtures, and Equipment and related services (project management, delivery, and prevailing wage installation) for the Manteca Branch Library’s Children Room refresh.
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 La w. California law shall 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.
5. Applicable Law. Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
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3 (Rev. 9.30.22)
This Agreement may be amended only by a written amendment , consistent with the COOP, signed by Contractor and City.
CITY OF STOCKTON DEMCO, INC
___________________________ By: ___________________________ Harry Black, City Manager Signature
___________________________ ___________________________ Date Print Name
ATTEST: Title: ___________________________
____________________________ [If Contractor is a corporation, signatures must Eliza R. Garza CMC, City Clerk comply with Corporations Code §313]
APPROVED AS TO FORM: By: ___________________________
Signature
___________________________
Lori Asuncion, City Attorney Title: ___________________________
__________________________
Print Name
ATTACHMENT A
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4 (Rev. 9.30.22)
EXHIBIT A
NCPA 07-85
ATTACHMENT A
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DEMCO NCPA
Contract Number 07-85
Lead Agency – Region 14 ESC
Contract Term: Three (3) year term starting September 1, 2022 to September 30, 2025 Option to renew for five (5) additional one (1) year periods
Items:
RFP for Furniture
Awarded Response to RFP
Evaluation: Bid Tab & Request for RFP List
Region 14 Award Letter
Advertisements (3)
ATTACHMENT A
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Request for Proposal (RFP) for Furniture
Solicitation Number: 24-22
Publication Date: Tuesday, June 7th, 2022
Notice to Respondent:
Submittal Deadline: Thursday, July 21st, 2022 2:00 pm CST Questions regarding this solicitation must be submitted to [email protected] no later than Thursday, July 14th 2022. 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 electronically no later than the submittal deadline via our online Bonfire portal at ncpa.bonfirehub.com
Immediately following the deadline, all responses will be publicly opened and the respondents recorded.
Any response received later than the specified deadline will be disqualified.
Responses will remain sealed by our online Bonfire portal until the bid opening time specified.
Responses received outside our online Bonfire portal will not be accepted. Sealed responses may be submitted on any or all items, unless stated otherwise. Proposal may be rejected for failure to comply with the requirements set forth in this invitation.
ATTACHMENT A
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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 # 24-22
ATTACHMENT A
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Introduction / Scope
¨ Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and 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 product or 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 product or 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 product or service within any category, or multiple products or services within any and all categories.
¨ National Cooperative Purchasing Alliance (NCPA)
Ø The National Cooperative Purchasing Alliance (herein “NCPA”) assists public agencies to increase their efficiency and reduce their costs when procuring goods and services. This is accomplished by awarding competitively solicited contracts that are leveraged nationally by combining the volumes and purchasing power of entities nationwide. Our contracts are available for use by any entity that complies with procurement laws and regulations.
¨ It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this RFP.
Ø Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Public Agencies;
Ø Achieve cost savings of Vendors and Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals; Ø Combine the purchasing power of Public Agencies to achieve cost effective pricing; Ø Reduce the administrative and overhead costs of Vendors and Public Agencies through state of the art purchasing procedures.
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Instructions to Respondents
¨ Submission of Response
Ø Only responses received via our online Bonfire portal will be accepted. Faxed or mailed responses will not be accepted.
Ø Responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC reserves the right to reject or accept any response.
Ø Deviations to the terms, conditions and/or specifications shall be conspicuously noted in writing by the respondent and shall be included with the response.
Ø Withdrawal of response will not be allowed for a period of 120 days following the opening.
Pricing will remain firm for 120 days from submittal.
¨ Public Bid Opening
Ø The public bid opening will be held via Zoom meeting. Interested parties who wish to attend the bid opening should email [email protected] by 4:00 pm the day before the bid opening date to receive an invitation.
¨ Required Proposal Format
Ø Responses shall be provided electronically via our online Bonfire portal. Tabs should be used to separate the proposal into sections, as identified below. Respondents failing to organize in the manner listed may be considered non-responsive and may not be evaluated.
It’s recommended that all tabs, with the exception of Tab 7 (Pricing), be submitted in Portable Document Format (PDF). Please note pricing can be submitted separately in a alternate format (e.g. xlsx, xls, csv).
¨ Tabs
Ø Tab 1 – Master Agreement / Signature Form
Ø Tab 2 – NCPA Administration Agreement
Ø Tab 3 – Vendor Questionnaire
Ø Tab 4 – Vendor Profile
Ø Tab 5 – Products and Services / Scope
Ø Tab 6 - References
Ø Tab 7 - Pricing
Ø Tab 8 – Value Added Products and Services
Ø Tab 9 – Innovation
Ø Tab 10 – Required Documents
ATTACHMENT A
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Tab 1 – Master Agreement
General Terms and Conditions
¨ Customer Support
Ø The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.
¨ Disclosures
Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.
Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.
¨ Renewal of Contract
Ø Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to five (5) additional one-year terms or any combination of time equally not more than 5 years if agreed to by Region 14 ESC and the vendor.
¨ Funding Out Clause
Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:
Ø Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.
¨ Shipments (if applicable)
Ø The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. ¨ Tax Exempt Status
Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.
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¨ Payments
Ø The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.
¨ Adding authorized distributors/dealers
Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.
Ø Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA.
Ø Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.
Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.
¨ Pricing
Ø All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.
Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
¨ Warranty
Ø Proposal should address the following warranty information:
§ 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 Ø Products
§ Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects Ø Construction
§ Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided. ¨ Safety
Ø Vendors performing services shall comply with occupational safety and health rules and regulations. Also all vendors and subcontractors shall be held responsible for the safety of their employees and any conditions that may cause injury or damage to persons or property.
ATTACHMENT A
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¨ Permits
Ø Since this is a national contract, knowing the permit laws in each state is the sole responsibility of the vendor.
¨ Indemnity
Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.
¨ Franchise Tax
Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.
¨ Supplemental Agreements
Ø The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.
¨ Certificates of Insurance
Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ¨ Legal Obligations
Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ¨ Protest
Ø A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following:
§ Name, address and telephone number of protester
§ Original signature of protester or its representative § Identification of the solicitation by RFP number
§ Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
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Ø Any protest review and action shall be considered final with no further formalities being considered.
¨ Force Majeure
Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders and regulation of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; pandemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty ¨ Prevailing Wage
Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.
¨ Termination
Ø Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
¨ Open Records Policy
Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by- page and line-by-line the parts of the response, which it believes, are exempt. In addition,
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the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).
Ø The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.
ATTACHMENT A
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Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.
¨ Contract Administration
Ø The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.
¨ Contract Term
Ø The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to five (5) additional one-year terms or any combination of time equally not more than 5 years.
Ø It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract. ¨ Contract Waiver
Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ¨ Price Increases
Ø Should it become necessary, price increase requests may be submitted at any point during the term of the contract by written amendment. Included with the request must be documentation and/or formal cost justification for these changes. Requests will be formally reviewed, and if justified, the amendment will be approved. ¨ Products and Services Additions
Ø New Products and/or Services may be added to the resulting contract at any time during the term by written amendment, to the extent that those products and/or services are within the scope of this RFP.
¨ Competitive Range
Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ¨ Deviations and Exceptions
Ø Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.
¨ Estimated Quantities
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Ø While no minimum volume is guaranteed, the estimated (but not limited to) annual volume for Products and Services purchased under the proposed Master Agreement is $150 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program.
¨ Evaluation
Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.
¨ Formation of Contract
Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. Contract award letter issued by Region 14 ESC is the counter- signature document establishing acceptance of the contract. ¨ NCPA Administrative Agreement
Ø The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.
¨ Clarifications / Discussions
Ø Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.
Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices.
¨ Multiple Awards
Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
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¨ Past Performance
Ø Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.
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Evaluation Criteria
¨ Pricing (40 points)
Ø Electronic Price Lists
§ Products, Services, Warranties, etc. price list
§ Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item.
¨ Ability to Provide and Perform the Required Services for the Contract (25 points) Ø Product Delivery within participating entities specified parameters Ø Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.
Ø Vendor’s ability to perform towards above requirements and desired specifications.
Ø Past Cooperative Program Performance
Ø Quantity of line items available that are commonly purchased by the entity.
Ø Quality of line items available compared to normal participating entity standards.
¨ References and Experience (15 points)
Ø A minimum of ten (10) public sector references for product and/or services of similar scope dating within past 3 years
Ø Respondent Reputation in marketplace
Ø Past Experience working with public sector.
Ø Exhibited understanding of cooperative purchasing
¨ Value Added Products/Services Description, (10 points) Ø Additional Products/Services related to the scope of RFP Ø Marketing and Training
Ø Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø Customer Service
¨ Innovation (10 points)
Ø Past Innovation, how it affected sales
Ø Future Innovation in the pipeline
ATTACHMENT A
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Signature Form
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.
The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.
Prices are guaranteed: 120 days
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
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Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of __________________________________, by and between National Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”).
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______________________, referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of 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
Ø The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.
Ø NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.
Ø Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement.
Ø NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.
Ø With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region
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14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement.
Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ¨ Term of Agreement
Ø This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.
¨ Fees and Reporting
Ø The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15
th) day after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:
Entity Name Zip Code State PO or Job # Sale Amount
Total ________________
Ø Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.
From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis.
Deadline for term of payment will be included in the invoice NCPA provides.
Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
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Ø Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an under reporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit.
¨ General Provisions
Ø This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
Ø Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA.
Ø If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
Ø Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA, provided, however, that the Vendor may, without such written consent, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Agreement.
Ø This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder
Ø All written communications given hereunder shall be delivered to the addresses as set forth below.
National Cooperative Purchasing Alliance:
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________
Vendor: ________________________________________
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________
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Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. ¨ States Covered
Ø Bidder must indicate any and all states where products and services can be offered.
Ø Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below)
Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware
District of Columbia
Nebraska
Nevada
Washington
West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island
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All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below)
¨ Minority and Women
Business Enterprise (MWBE) and (HUB) Participation
Ø It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
§ Minority / Women Business Enterprise
• Respondent Certifies that this firm is a M/WBE
§ Historically Underutilized Business
• Respondent Certifies that this firm is a HUB
¨ Residency
Ø Responding Company’s principal place of business is in the city of _______________________, State of __________
¨ Felony Conviction Notice
Ø Please Check Applicable Box;
A publically held corporation; therefore, this reporting requirement is not applicable.
Is not owned or operated by anyone who has been convicted of a felony.
Is owned or operated by the following individual(s) who has/have been convicted of a felony
Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.
¨ Distribution Channel
Ø Which best describes your company’s position in the distribution channel:
Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ ¨ Processing Information
Ø Provide company contact information for the following:
§ Sales Reports / Accounts Payable
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________
American Somoa Northern Marina Islands
Federated States of Micronesia Puerto Rico
Guam U.S. Virgin Islands
Midway Islands
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§ Purchase Orders
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ § Sales and Marketing
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________
¨ Pricing Information
Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. § If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.
Yes No
Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.
Yes No
¨ Cooperatives
Ø List any other cooperative or state contracts currently held or in the process of securing.
Cooperative/State Agency Discount
Offered
Expires Annual Sales
Volume
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Tab 4 – Vendor Profile
Please provide the following information about your company:
¨ Company’s official registered name.
¨ Brief history of your company, including the year it was established.
¨ Company’s Dun & Bradstreet (D&B) number.
¨ Company’s organizational chart of those individuals that would be involved in the contract.
¨ Corporate office location.
Ø List the number of sales and services offices for states being bid in solicitation.
Ø List the names of key contacts at each with title, address, phone and e-mail address.
¨ Define your standard terms of payment.
¨ Who is your competition in the marketplace?
¨ Provide Annual Sales for last 3 years broken out into the following categories:
Ø Cities / Counties
Ø K-12
Ø Higher Education
Ø Other government agencies or nonprofit organizations
¨ Provide the revenue that your organization anticipates each year for the first three (3) years of this agreement.
$_________ in year one
$_________ in year two
$_________ in year three
¨ 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.)
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¨ Green Initiatives (if applicable)
Ø As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative.
¨ Anti-Discrimination Policy (if applicable)
Ø Describe your organizations’ anti-discrimination policy.
¨ Vendor Certifications (if applicable)
Ø Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service.
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Tab 5 – Products and Services
¨ Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs.
¨ Warranty
Ø Proposal should address the following warranty information:
§ 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 Ø Products
§ Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects Ø Construction
§ Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided. ¨ The following is a list of suggested (but not limited to) Furniture categories. List all categories along with manufacturer that you are responding with:
Ø Ancillary Furniture Products
Ø Audio / Visual Furniture
Ø Auditoriums and Theaters
Ø Cafeteria
Ø Classroom / Educational / Dormitory
Ø Conference or Breakroom / Training
Ø Healthcare / Medical / Therapy Practices
Ø Highmark
Ø Lactation Rooms and Furniture Pods
Ø Library
Ø Lighting
Ø Lounge / Reception
Ø Office
Ø Outdoor
Ø Science Lab
Ø Seating / Chairs
Ø Tables / Meeting Conference Room
Ø Work Stations
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Tab 6 – References
¨ Provide at least ten (10) public sector references for products and/or services of similar scope dating within the past three (3) years. Please provide a range of references across all eligible government entity groups including K-12, higher education, city, county, or non-profit entities.
¨ All references should include the following information from the entity:
Ø Entity Name
Ø Contact Name and Title
Ø City and State
Ø Phone
Ø Years Serviced
Ø Description of Services
Ø Annual Volume
¨ NCPA also accepts Procurated review scores to evaluate relationships with their customers.
Vendors without a current Procurated score will be rated based solely on the references provided, and will not be penalized for lack of Procurated scoring. To find out your company’s Procurated score please go to https://www.procurated.com.
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Tab 7 – Pricing
¨ Please submit price list electronically via our online Bonfire portal (pricing can be submitted as Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item.
¨ Price lists must contain the following:
Ø Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers).
Ø Description
Ø Vendor’s List Price
Ø Percent Discount to NCPA participating entities
¨ Not To Exceed Pricing
Ø NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity.
Ø The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.
Ø NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.
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Tab 8 – Value Added Products and Services
¨ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.
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Tab 9 – Innovation
¨ Please provide details of your most recent innovation and how it affected sales in the public sector.
o New categories
o New fabrics and finishes
o New ergonomics
o New safety features
o New performance enhancement
o Other
¨ Please outline your timeline for future innovation.
o New categories
o New fabrics and finishes
o New ergonomics
o New safety features
o New performance enhancement
o Other
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Tab 10 – Required Documents
¨ Federal Funds Certifications
¨ Clean Air and Water Act & Debarment Notice
¨ Contractors Requirements
¨ Antitrust Certification Statements
¨ Required Clauses for Federal Assistance by FTA
¨ State Notice Addendum
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Federal Funds Certifications
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. • Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency and Offeror reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) • Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” • Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.
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(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.
• Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions • Any Participating Agency will include any current and applicable prevailing wage determination in each issued solicitation and provide Offeror with any required documentation and/or forms that must be completed by Offeror to remain in compliance the applicable Davis-Bacon Act provisions.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
• Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
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Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
• Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
• Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
• Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
• Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in
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compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).
The undersigned further certifies that:
o No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. o If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
o The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and all subrecipients shall certify and disclose accordingly.
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.334. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.334 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Participating Agencies will clearly identify whether Buy America Provisions apply in any issued solicitation. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
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CERTIFICATION OF ACCESS TO RECORDS
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any non-financial documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents. This right of access will last only as long as the records are retained.
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
Offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted in the pages above. It is further acknowledged that offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances as applicable.
Offeror: _____________________________________________________________________________________
Address: _____________________________________________________________________________________
City, State, Zip: _____________________________________________________________________________________
Authorized Signature: _____________________________________________________________________________________
Date: _____________________________________________________________________________________
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Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.
I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations
Potential Vendor
Print Name
Address
City, Sate, Zip
Authorized signature
Date
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Contractor Requirements
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.
Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E- Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed
Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.
The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran.
Authorized signature
Date
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Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
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Required Clauses for Federal Assistance provided by FTA ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all non-financial books, records, accounts and reports required under this Contract for a period of not less than two (2) 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 the FTA Administrator, the U.S. DOT Office of the Inspector General, 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 non-financial work, materials, and other data and records that pertain to the Project, and to audit the non-financial books, records, and accounts that pertain 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. The right of access detailed in this section continues only as long as the records are retained.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts.
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 applicable implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency.
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 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 that are flowed to Contractor from Awarding Participating Agency. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC)
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implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.
Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts.
1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all
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applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.
Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate.
Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, listed directly or by reference in the Contract between Public Agency and the FTA, and those applicable regulatory and procedural updates that are communicated to Contractor by Public Agency, 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 and applicable to the scope of a particular Contract awarded to Contractor by a Public Agency as a result of solicitation, as set forth in the most current FTA Circular 4220.1F, published February 8 th, 2016, 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 knowingly perform any act, knowingly fail to perform any act, or refuse to comply with any reasonable public agency requests that would directly cause public agency to be in violation of the FTA terms and conditions.
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NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms, to the best of its knowledge, the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
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State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract.
For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/State_and_Territories.shtml https://www.usa.gov/local-governments
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Tab 1 – Master Agreement
General Terms and Conditions
¨ Customer Support
Ø The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.
¨ Disclosures
Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.
Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.
¨ Renewal of Contract
Ø Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to five (5) additional one-year terms or any combination of time equally not more than 5 years if agreed to by Region 14 ESC and the vendor.
¨ Funding Out Clause
Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:
Ø Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.
¨ Shipments (if applicable)
Ø The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. ¨ Tax Exempt Status
Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.
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¨ Payments
Ø The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.
¨ Adding authorized distributors/dealers
Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.
Ø Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA.
Ø Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.
Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.
¨ Pricing
Ø All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.
Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
¨ Warranty
Ø Proposal should address the following warranty information:
§ 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 Ø Products
§ Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects Ø Construction
§ Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided. ¨ Safety
Ø Vendors performing services shall comply with occupational safety and health rules and regulations. Also all vendors and subcontractors shall be held responsible for the safety of their employees and any conditions that may cause injury or damage to persons or property.
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¨ Permits
Ø Since this is a national contract, knowing the permit laws in each state is the sole responsibility of the vendor.
¨ Indemnity
Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.
¨ Franchise Tax
Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.
¨ Supplemental Agreements
Ø The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.
¨ Certificates of Insurance
Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ¨ Legal Obligations
Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ¨ Protest
Ø A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following:
§ Name, address and telephone number of protester
§ Original signature of protester or its representative § Identification of the solicitation by RFP number
§ Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
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Ø Any protest review and action shall be considered final with no further formalities being considered.
¨ Force Majeure
Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders and regulation of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; pandemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty ¨ Prevailing Wage
Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.
¨ Termination
Ø Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
¨ Open Records Policy
Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by- page and line-by-line the parts of the response, which it believes, are exempt. In addition,
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the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).
Ø The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.
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Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.
¨ Contract Administration
Ø The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.
¨ Contract Term
Ø The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to five (5) additional one-year terms or any combination of time equally not more than 5 years.
Ø It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract. ¨ Contract Waiver
Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ¨ Price Increases
Ø Should it become necessary, price increase requests may be submitted at any point during the term of the contract by written amendment. Included with the request must be documentation and/or formal cost justification for these changes. Requests will be formally reviewed, and if justified, the amendment will be approved. ¨ Products and Services Additions
Ø New Products and/or Services may be added to the resulting contract at any time during the term by written amendment, to the extent that those products and/or services are within the scope of this RFP.
¨ Competitive Range
Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ¨ Deviations and Exceptions
Ø Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.
¨ Estimated Quantities
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Ø While no minimum volume is guaranteed, the estimated (but not limited to) annual volume for Products and Services purchased under the proposed Master Agreement is $150 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program.
¨ Evaluation
Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.
¨ Formation of Contract
Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. Contract award letter issued by Region 14 ESC is the counter- signature document establishing acceptance of the contract. ¨ NCPA Administrative Agreement
Ø The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.
¨ Clarifications / Discussions
Ø Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.
Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices.
¨ Multiple Awards
Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
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¨ Past Performance
Ø Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.
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Evaluation Criteria
¨ Pricing (40 points)
Ø Electronic Price Lists
§ Products, Services, Warranties, etc. price list
§ Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item.
¨ Ability to Provide and Perform the Required Services for the Contract (25 points) Ø Product Delivery within participating entities specified parameters Ø Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.
Ø Vendor’s ability to perform towards above requirements and desired specifications.
Ø Past Cooperative Program Performance
Ø Quantity of line items available that are commonly purchased by the entity.
Ø Quality of line items available compared to normal participating entity standards.
¨ References and Experience (15 points)
Ø A minimum of ten (10) public sector references for product and/or services of similar scope dating within past 3 years
Ø Respondent Reputation in marketplace
Ø Past Experience working with public sector.
Ø Exhibited understanding of cooperative purchasing
¨ Value Added Products/Services Description, (10 points) Ø Additional Products/Services related to the scope of RFP Ø Marketing and Training
Ø Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø Customer Service
¨ Innovation (10 points)
Ø Past Innovation, how it affected sales
Ø Future Innovation in the pipeline
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Signature Form
The undersigned hereby proposes and agrees to furnish
goods and/or services in strict compliance with
the terms, specifications and conditions at the prices proposed within response unless noted in writing.
The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.
Prices are guaranteed: 120 days
Company name
Address
City/State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Demco, Inc
4810 Forest Run Rd.
Madison, WI 53704
866-558-9068
888.320.0288
[email protected]
Terry Janes
VP of Finance
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Date Prepared: 7/19/2022 Region 14 ESC - NCPA ©2022 Demco Inc.
Deviations & Exceptions
• $75 minimum order after discount for all discounts to apply and free shipping on Stock orders from the Demco Annual Full Line catalog.
• Discounts awarded for Specific Manufacturers will be based on the current MSRP pricing available at the time of the quote/order.
• Discounts awarded for the Demco Full Line Catalog & Demco Proprietary Lines, will apply to list pricing found on www.demco.com. We plan to honor them all year, unless economic conditions force us to pass along prices increases. The awarded discounts will not change for the length of the contract.
• Demco will pay regular FedEx Ground Service shipping costs on all stock orders. Express parcel shipping is not included.
• Shipping and Processing will be prepaid and added to all drop ship orders, such as furniture and equipment. This would include Furniture and Equipment items out of our Full line catalog, on demco.com, and from the manufacturers catalog. Demco provides good-faith shipping estimates on all orders.
• Accessorial services are an added charge. See Additional Services page.
• Product exclusions:
o Library Security Equipment – excluded from FOB Destination o Demco Circulation Technology Solutions Equipment & Supplies – excluded from FOB Destination.
o Subscription program products – excluded from discounts.
• Shipping and processing for orders shipping to Alaska/Hawaii will be prepaid and added to invoice for all items.
• Deliveries will be made 7-10 days after receipt of stock item orders and 2-12 weeks for items shipped directly from the manufacturer such as furniture and equipment. No walk-in locations are available.
• Contract discounts are not available for Security Products, Demco Software, littleBits™ products and Licensed Products (Dr. Seuss™, Eric Carle™, etc.). See the attached list of items excluded from discounts.
Deviations & Exceptions
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Date Prepared: 7/19/2022 Region 14 ESC - NCPA ©2022 Demco Inc.
Return & Exchange Policy
Demco stands behind our products. If your members are not satisfied with an order, you may return or exchange a qualifying item* within 6 months of your invoice date. Furniture, special orders, custom products, and international orders cannot be returned or exchanged unless you receive them damaged or defective. Anything that has been engraved or imprinted is not returnable.
*Not sure if an item qualifies for a return or exchange? A Demco Customer Service representative can help you. Call 800.962.4463 or email [email protected]
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Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of __________________________________, by and between National Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”).
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______________________, referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of 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
Ø The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.
Ø NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.
Ø Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement.
Ø NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.
Ø With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region Demco, Inc
September 1, 2022
September 1, 2022
07-85
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14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement.
Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ¨ Term of Agreement
Ø This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.
¨ Fees and Reporting
Ø The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15
th) day after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:
Entity Name Zip Code State PO or Job # Sale Amount
Total ________________
Ø Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.
From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis.
Deadline for term of payment will be included in the invoice NCPA provides.
Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
*** Please see attached for alternate admin fee tiers proposal
ATTACHMENT A
274
Ø Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an under reporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit.
¨ General Provisions
Ø This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
Ø Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA.
Ø If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
Ø Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA, provided, however, that the Vendor may, without such written consent, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Agreement.
Ø This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder
Ø All written communications given hereunder shall be delivered to the addresses as set forth below.
National Cooperative Purchasing Alliance:
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________
Vendor: ________________________________________
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________
Demco, Inc
Terry Janes
VP of Finance
4810 Forest Run Rd., PO Box 7488
Madison, WI 53707-7488
July 12th, 2022
Director, Business Development
Matthew Mackel
PO Box 701273
Houston, TX 77270
September 1, 2022
ATTACHMENT A
275
Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. ¨ States Covered
Ø Bidder must indicate any and all states where products and services can be offered.
Ø Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below)
Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware
District of Columbia
Nebraska
Nevada
Washington
West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island
ATTACHMENT A
276
All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below)
¨ Minority and Women
Business Enterprise (MWBE) and (HUB) Participation
Ø It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
§ Minority / Women Business Enterprise
• Respondent Certifies that this firm is a M/WBE
§ Historically Underutilized Business
• Respondent Certifies that this firm is a HUB
¨ Residency
Ø Responding Company’s principal place of business is in the city of _______________________, State of __________
¨ Felony Conviction Notice
Ø Please Check Applicable Box;
A publically held corporation; therefore, this reporting requirement is not applicable.
Is not owned or operated by anyone who has been convicted of a felony.
Is owned or operated by the following individual(s) who has/have been convicted of a felony
Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.
¨ Distribution Channel
Ø Which best describes your company’s position in the distribution channel:
Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ ¨ Processing Information
Ø Provide company contact information for the following:
§ Sales Reports / Accounts Payable
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________
American Somoa Northern Marina Islands
Federated States of Micronesia Puerto Rico
Guam U.S. Virgin Islands
Midway Islands
Madison
WI
Kristopher L Snow
Contracts Facilitator
Demco, Inc
4810 Forest Run Rd.
Madison
WI
53704
866.558.9068
[email protected]
ATTACHMENT A
277
§ Purchase Orders
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ § Sales and Marketing
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________
¨ Pricing Information
Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. § If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.
Yes No
Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.
Yes No
Order Entry
Order Entry Representative
Demco, Inc
PO Box 7488
Madison
WI
53707
800.356.1200
[email protected]
Kristopher L Snow
Contracts Facilitator
Demco, Inc
4810 Forest Run Rd.
Madison, WI 53704 866.558.9068
[email protected]
ATTACHMENT A
278
Tab 4 – Vendor Profile
Please provide the following information about your company:
¨ Company’s official registered name.
¨ Brief history of your company, including the year it was established.
¨ Company’s Dun & Bradstreet (D&B) number.
¨ Company’s organizational chart of those individuals that would be involved in the contract.
¨ Corporate office location.
Ø List the number of sales and services offices for states being bid in solicitation.
Ø List the names of key contacts at each with title, address, phone and e-mail address.
¨ Define your standard terms of payment.
¨ Who is your competition in the marketplace?
¨ Provide Annual Sales for last 3 years broken out into the following categories:
Ø Cities / Counties
Ø K-12
Ø Higher Education
Ø Other government agencies or nonprofit organizations
¨ Provide the revenue that your organization anticipates each year for the first three (3) years of this agreement.
$_________ in year one
$_________ in year two
$_________ in year three
¨ 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.)
ATTACHMENT A
279
¨ Green Initiatives (if applicable)
Ø As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative.
¨ Anti-Discrimination Policy (if applicable)
Ø Describe your organizations’ anti-discrimination policy.
¨ Vendor Certifications (if applicable)
Ø Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service.
ATTACHMENT A
280
Date Prepared: 07/15/22 NCPA – TAB 4 ©2022 Demco Inc.
Company’s Official Registered Name
Demco, Inc
Company History
Since 1905, Demco has served the library and education markets. The key to our longevity is our focus on anticipating the changing needs of schools and libraries and creating and supplying innovative solutions to meet those needs.
1905
The Democrat Printing Company in Madison, Wisconsin, creates a Library Department to serve libraries and promote their mission.
1907
Harry Netherwood and Frank Matthews, coworkers in the Library Department, invent the Book Pocket to hold Date Due Slips. Result: While materials and printing have changed, this enduring design has lasted for over a century.
1925
The company is renamed Demco Library Supplies. Norman Bassett, who will eventually purchase the company in 1931, joins the library department and sets a precedent for working with librarians to understand their needs. Results: The development of how-to books and guides, mending materials, cleaners, and standardized catalog cards.
1944
Demco Library Supplies commissions and publishes the Pictorial Library Primer by Winifred Lemon Davis.
Result: A how-to manual to aid untrained librarians.
1951–
1955
Demco Library Supplies develops and introduces Paperfold™ and Durafold™ Book Jacket Covers; Norbond™ Glue; and Fastape to meet librarians’ book protection and repair needs. Result: These solutions continue to be staples for extending the life of library collections today. 1965
The Value Center, a production and warehouse facility, arises on 20 acres in DeForest, Wisconsin. With four more additions, this facility now totals 164,000 square feet. 1968 John Wall becomes president of the newly renamed Demco Educational Corp. 1978
John Wall shortens the company name to Demco and becomes its new owner, making it a subsidiary of Wall Family Enterprises.
1988 Demco relocates to a new 42,000 square foot building in Madison. 1997
Demco launches demco.com. Results: A easy-to-use website that now serves thousands every day and features our complete line of products.
2003
Demco acquires Gaylord and adds interior design services. Results: Demco continues to offer popular Gaylord products today. K–12 schools, public and higher education libraries, and architects can now take advantage of a range of interior services found at demcointeriors.com. 2010
Demco acquires Highsmith. Results: Upstart promotions add a collection of exclusive reading incentives to our offering, including bookmarks, decor, and more to help nurture a lifelong love of learning.
Tab 4 – Response
ATTACHMENT A
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Date Prepared: 07/15/22 NCPA – TAB 4 ©2022 Demco Inc.
2012
Demco launches the Ideas & Inspiration site at ideas.demco.com. Results: Librarians and educators can now access free professional development resources, including webinars, how-to guides, idea galleries, activity calendars, and much more.
2019
Demco launches MakerHub at makerhub.demco.com. Results: Makerspace directors, librarians, and educators now have free access to hundreds of low- and high-tech STEM projects. 2021
Demco introduces the Show & Stow Storage System, FLEXplore Furniture Collection, Tidal Stack Chairs, and new ColorScape® Furniture options. Results: Demco offers over 50,000 products while continually listening to educators and librarians and developing new solutions to meet their evolving needs.
COMPANY’S DUN & BRADSTREET (D&B) NUMBER
00-6552483
COMPANY’S ORGANIZATIONAL CHART
See attachment titled “Organizational Chart”.
CORPORATE OFFICE LOCATION
See attachment titled “Corporate Office Location” & “Key Contacts”.
DEFINE YOUR STANDARD TERMS OF PAYMENT
Demco, Inc. has a standard payment term of net 30 days from the date of the invoice.
Demco 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. For Large projects and orders, a 25%-50% prepayment maybe required at the time the order is placed.
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 Demco 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
ATTACHMENT A
282
Chad Edwards
President
Tory Laube
Director of Sales
Kurt Zastrow
Business Development Manager
Manager
Alissa Bush
Associate Business Development
Representative
Jane Chronister
Business Development
Representatvie
Emily Wagner
Learning Environment Consultant
Christina Griffin
Business Development
Representatvie
Michael Wygocki
Executive Director of
Customer Success
Kyle Severson
Senior Consultive Sales
Manager
Lynne Grunenberg
Business Development
Representatvie
Terry Janes
VP Finance & HR
Shawna Ley
Learning Environment Consultant
Steven Massey
Inside Sales Services Supervisor
Inside Sales Specilists.
Zack Becker
McKenzie Brown
Luke Merschdorf
Lisa Henien
Linda Buchholz
Kim Satterlee
Alli Starry
Manny Diaz
Riley Moore
John Fisk
Alex Briggs
Steve Schiccatano
Learning Environment Consultant
Don Hazlett
Sales Development Manager
Carie Myers
Director of Human
Resources
Ryan Balsiger
Gorwth Maketing
Director
Diane Erickson
Director of
Marketing
Operations
Shawna Bakken
Cusotmer Success
Manager
Kristopher L Snow
Contracts Facilitator
Cheryl Leik
Operations Manager
Bruce Hutchinson
Installation Coordinator
Stephen Gower
Design Supervisor
Steve Weisen
Project Quote & Fulfillment Coordinator
Customer
Success Team
Revised 6-16-22 Kriss
ATTACHMENT A
283
KMS 5.16.2022
STREET ADDRESS MAILING ADDRESS RE MITTANCE ADDRESS DEMCO SOFTWARE 4810 Forest Run Road PO Box 7488 PO Box 88623 PO Box 8774 Madison, WI 53704 Madison, WI 53707-7488 Milwaukee, WI 53288-8623 Madison, WI 53708-8774 WEB ADDRESS: demco.com Website: demcosoftware.com
PHONE NUMBERS Toll-Free Fax Email Address Ordering 800-356-1200 800-245-1329 [email protected] Customer Success 800-962-4463 877-800-5917 [email protected] Accounting 800-752-7614 800-417-7614 [email protected] Demco Interiors 800-747-7561 800-730-8094 [email protected] Inside Sales 800-462-8709 888-329-4728 [email protected] Contracts 866-558-9068 888-320-0288 [email protected] Demco Software 866-434-5098 [email protected]
CORPORATE OFFICERS
Chad Edwards President
Marc Helmer Vice President, Operations
Terry Janes Vice President, Finance
OWNER
Wall Family Enterprise, Inc. 4810 Forest Run Road Madison, WI 53704 608-241-1201 Bill Hess COO
Cage Code: 78F25
BUSINESS CATEGORY
Demco Inc. offers a full range of furniture, equipment, and supplies used in schools and libraries. An annual full-line catalog is published annually and is available in January.
Demco Inc. has been in business under the current ownership since October 1978; we have been serving schools and libr
aries since 1905.
STATE OF INCORPORATION Wisconsin FEDERAL ID# 39-1311089 NUMB
ER OF EMPLOYEES 200 DUNS 00-6552483
Demco Inc. is not a small business under the U.S. Small Business Administration definition.
TRADE REFERENCES
Allied Plastics Company, Inc. 1-888-342-3718
Gressco, LTD. 1-608-849-6300
Russwood Library Furniture 1-919-779-2273
Smith System 1-972-398-4050
INSIDE SALES DEPARTMENT CONTACT INFORMATION
Zack Becker (IN, KY, MD, ME, MI, NH, PA, VT, WV) 1-800-462-8709, ext. 7221 Linda Buchholz (TX – K12) 1-800-462-8709, ext. 7247 Manuel Diaz (CT, DC, DE, MA, NJ, RI) 1-800-462-8709, ext. 7237 McKenzi
e Encarnacion (NY , OH) 1-800-462-8709, ext. 7259
John
Fisk (HI, KS, MO, ND, NE, OK, SD, TX) 1-800-462-8709, ext. 7143 Lisa Heinen (CA) 1-800-462-8709, ext. 7186
Luke Merschdorf (AL, AR, FL, GA, LA, MS) 1-800-462-8709, ext. 7216 Riley Moore (NC, SC, TN, VA) 1-800-462-8709, ext. 7261 Kim Satterlee (AK, AZ, CO, ID, MT, NM, NV, OR, UT, WA, WY) 1-800-462-8709, ext. 7407 Alli Starry (IA, IL, MN, WI) 1-800-462-8709, ext. 2396
CONTRACT DEPARTMENT CONTACT INFORMATION
Kristopher Snow 1-866-558-9068 ext. 7228
PAYMENT TERMS: Net 30 days
Warehouse Space: 150,000 Sq Ft
Office Sp: 42,500 Sq Ft
NAICS CODES: 423490; 339999; 454113; 337127; 337211; 337214 NIGP CODES: 420, 525, 125, 425, 615, 785, 832, 880
SIC/UNSPSC CODES: 2531, 2599, 2522
CAGE CODE: 09130
ATTACHMENT A
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Date Prepared: 07/15/22 NCPA – TAB 4 ©2022 Demco Inc.
regionally with contract furniture dealers servicing the library and school market such as Arizo na Furnishings or Library Interiors, Inc. Our primary catalog/website competitors include Brodart, School Specialty & Library Store.
WHAT DIF
FERENTIATES 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:
• Broad sel
ection - We offer the most extensive selection of school and library products, resources, and services to meet your members’ current and future needs. Our proprietary solutions, supplier network, and product offering are ever-growing. We make and add thousands of new products each year. Plus, our size, industry position, and dedication give us the resources to take on initiatives like new product development based on customer input. So your members have access to custom solutions they can’t find anywhere else. • Collaborative design process – our strength is in being able to precisely execute the customer vision, so we 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.
ATTACHMENT A
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Date Prepared: 07/15/22 NCPA – TAB 4 ©2022 Demco Inc.
DESCRIBE HOW YOUR COMPANY WILL MARKET THIS CONTRACT IF AWARDED
To ensure NCPA members are aware of their contract discounts, Demco will support your communication efforts in the following ways. To ensure members get all communications, they will need to sign-up at demco.com/demco-email-subscribe.
Automatic discounting at demco.com
When members create their demco.com account, contract discounts automatically apply to the items they add to their shopping cart. See the enclosed Website Features document and the highlights below for more details.
• Members will enjoy enhanced imagery that displays products at a glance in their cart • Members can edit their product selections from their cart, reducing the time it takes to make changes
• The website displays sale and contract pricing in a “was/now” format to highlight great deals for members
• Members’ carts display the status of each
• The “YOU SAVED!” feature highlights the breakdown of savings by contract, sale, or promotional discount
• The “ESTIMATE YOUR SHIPPING” button gives members their expected shipping costs
Customized ads
Want to promote your contract with your website or print marketing? Our design team will work with you to create a customized print or online banner ad to help your members learn more about their contract savings.
Email savings and more
Members can opt to receive emails and be the first to hear about innovative new products, exciting promotions, free activity calendars, helpful tips, and much more.
ATTACHMENT A
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Date Prepared: 07/15/22 NCPA – TAB 4 ©2022 Demco Inc.
Catalog messaging
Members receive a reminder message about their contract savings in the mail panel of each catalog and mailer we send.
Website
Our websites accommodate the placement of the awarded contract with NCPA on our contract page located at https://www.demco.com/services/contracts- and-cooperative-purchasing .
Sales Call Flyers
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.
DESCRIBE HOW YOU INTEND TO INTRODUCE NCPA TO YOUR COMPANY
NCPA really needs no introduction to the sales team with Demco. NCPA is a contract that we have developed a PDF sell sheet 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.
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 custom ers and our field representatives appropriately.
ATTACHMENT A
287
Date Prepared: 07/15/22 NCPA – TAB 4 ©2022 Demco Inc.
DESCRIBE YOUR FIRM’S CAPABILITIES AND FUNCTIONALITY OF YOUR ON-LINE CATALOG/ORDERING WEBSITE.
When members create their demco.com account, contract discounts automatically apply to the items they add to their shopping cart. See the enclosed Website Features document and the highlights below for more details.
• Members will enjoy enhanced imagery that displays products at a glance in their cart • Members can edit their product selections from their cart, r educing the time it takes to make changes
• The website displays sale and contract pricing in a “was/now” format to highlight great deals for members
• Members’ carts display the status of each
• The “YOU SAVED!” feature highlights the breakdown of savings by contract, sale, or promotional discount
• The “ESTIMATE YOUR SHIPPING” button gives members their expected shipping costs
For our project-based business, customers can go to https://www.demco.com /services/project-
services 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 requir ed 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 Demco 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 8:00 am- 4:30 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 8:00 am – 4:30 pm CT Monday through Friday. Again, we are closed major holidays.
ATTACHMENT A
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Date Prepared: 07/15/22 NCPA – TAB 4 ©2022 Demco Inc.
GREEN INITIATIVES
Environmental stewardship
Doing the right thing is ingrained in Demco’s DNA. We recognize that business success goes hand- in-hand with ethical practices, eco-consciousness, and community citizenship. We believe that our business is dependent on meeting the needs of customers without endangering employees or compromising the natural environment. As a result, we aim to minimize our impact on communities, natural habitats, and resources.
Recycling
Demco has an aggressive recycling plan covering all corrugated products, paper, plastic, and metals within our office and manufacturing and distribution facilities. We donate computer components to organizations that rebuild and distribute them to individuals and agencies.
Monitors are stripped down and properly disposed of following local regulations.
Energy efficiency
• Lighting in our manufacturing and distribution facility comes from energy -efficient T5 fluorescent bulbs. These bulbs provide better light, enhancing employee safety and productivity.
• Our office lighting comes from energy -saving T8 bulbs to reduce energy consumption. All conference rooms, restrooms, storage, and dock areas are outfitted with motion or audio sensors so that bulbs only illuminate these areas when people are present. • Programmable thermostats allow better control of heating and cooling energy use. For example, in the winter, we lower our buildings’ operating temperature after business hours and on weekends when no one occupies the premises. We do the reverse in summer. We maintain computer servers in a temperature- controlled environment regardless of the season.
• All windows in our manufacturing and distribution facilities are double -paned and energy- efficient.
Printing
• Our conventional, offset, and flexo printing processes use environmentally friendly plant - based inks and plating processes.
• We have taken on an aggressive paper reduction initiative, including eliminating hard copy forms and depending more on the electronic distr ibution of common reports and other business data. These efforts have resulted in significant reductions in paper consumption.
ATTACHMENT A
289
Date Prepared: 07/15/22 NCPA – TAB 4 ©2022 Demco Inc.
ANTI-DISCRIMINATION POLICY
We are committed to providing equal employment opportunity for all persons regardless of race, color, sex, religion, sexual orientation, age, marital status, national origin, citizenship status, disability, or veteran status. Equal Opportunity/Affirmative Action extends to all aspects of the employment relationship, including hiring, transfers, promotions, training, terminations, working conditions, compensation, benefits, and other terms and conditions of employment. Please see the attached Federal Approval for out Affirmative Action plan
VENDOR CERTIFICATIONS (if applicable) - None
ATTACHMENT A
290
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.
¨ Warranty
Ø Proposal should address the following warranty information:
§ 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 Ø Products
§ Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects Ø Construction
§ Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided. ¨ The following is a list of suggested (but not limited to) Furniture categories. List all categories along with manufacturer that you are responding with:
Ø Ancillary Furniture Products
Ø Audio / Visual Furniture
Ø Auditoriums and Theaters
Ø Cafeteria
Ø Classroom / Educational / Dormitory
Ø Conference or Breakroom / Training
Ø Healthcare / Medical / Therapy Practices
Ø Highmark
Ø Lactation Rooms and Furniture Pods
Ø Library
Ø Lighting
Ø Lounge / Reception
Ø Office
Ø Outdoor
Ø Science Lab
Ø Seating / Chairs
Ø Tables / Meeting Conference Room
Ø Work Stations
ATTACHMENT A
291
Brand Category Pricin
Allied Classroom, Tables, Workstations, Science
Lab, Ancillary Furniture, Seating/Chairs
AMTAB Classroom Furniture & Library Furniture,
Confernce Room, training
BIOFIT Classroom Furniture & Library Furniture,
Caefeteris,
Copernicus Classroom Furniture & Library Furniture,
Outdoor Furniture
DEMCO Proprietary Lines Classroom Furniture & Library, Filing Storage,Workstations, Lounge/ Reception,
Seating, Tables, Conference Room, Science
Lab, Lighting, Related Products & Support
Services
Demco Full Line Catalog Classroom Furniture & Library, Filing Storage,Workstations, Lounge/ Reception,
Seating, Tables, Conference Room, Science
Lab, Lighting, Related Products & Support
Services
ECR4Kids Classroom, Lounge/reception, Library
Furniture
High Point Furniture Lounge/Reception, Library, Clkassroom, Office, Tables,
Jonti-Craft Classroom Furniture & Library Furniture
Joy Carpets Classroom Furniture
Al
LESRO Reception/Lounge
Mooreco Classroom Furniture & Library, Filing
Storage,Workstations, Lounge/ Reception,
Seating, Tables, Conference Room, Science
Lab, Outdoor, Related Products &
Support Services
3D modelin
g and floor plans are
available.
Paragon Classroom Furniture & Library Furniture,
Workstations
Russwood Classroom Furniture & Library Furniture,
Work stations
Safco Filing Storage, Library, Classroom
Furniture, Lighting, Hospitality, Gaming,
Conference Room,
Smith Systems Classroom Furniture & Library Furniture,
Science Lab, Studio,
Spectrum Audio/Visual Furniture, Filing Storage,
Seating/Chairs, Tables, Computer
Furniture
USA Capitol Seating Seating/Chairs
Whitney Brothers Classroom & Library Furniture
Wisconsin Bench Seating, Chairs, Workstations, Library, Classroom, Medical, Science Labs
Wisco Industries Ancillary Furniture
Wood Designs Classroom Furniture & Library Furniture
Date Prepared: 7-15-22 NCPA - Tab 5 ©Demco Inc.
Tables/Meeting Conference RoomMuzo
ATTACHMENT A
292
Brand Warranty Offered
Allied 30 Year limited warranty on defects of materials, 5 years on moving parts, 2 years on dry erase surfaces AMTAB 15 Years warranty on Defects and Workmanship
BIOFIT 13 Years
COPERNICUS Lifetime warranty except Whiteboardsa and iRover2 which carry a 5 Year warranty. Dispensers, UV Tech Tub bulbs and electrical components carry a one-year warranty. Portable sinks and clear panels carry a two-year warranty. Our product warranty is valid when used under proper application in a classroom, daycare or library Demco Proprietary Lines 5 Year Limited Warranty
DEMCO Catalog/Website - Furniture 1 Year Limited Warranty, 5 Year Limited Warranty on Thermoplastic coated elements.
DEMCO Catalog/Wesite - all other products Manufacturer Warranty ECR4KIDS 1 Year Limited Warranty
High Point Furniture Limited Lifetime Warranty
JONTI-CRAFT LIFETIME WARRANTY
Jonti-Craft® Birch Furniture
Rainbow Accents® Furniture
MapleWa
ve® Furniture
TrueModern® Furniture
KYDZ Suite® Furniture
5 YEAR WARRANTY
Berries® Tables and Chairs
Jonti-Craft® KYDZ Ladderback Chairs
1 YEAR WARRANTY
Young Time® Furniture
RTA Furniture
Jonti-Craft® Glider Rocker
Jonti-Craft® Clean Hands Helper Portable Sinks
Jonti-Craft® Table Divider and Desktop Shields
Joy Carpets 20 Year 10% Fiber Loss Abrasive Wear Warranty - Abrasive wear of surface pile guaranteed not to exceed 10% 20 Year Texture Retention Warranty - Guaranteed to maintain appearance under heavy foot traffic 10 Year Soil and Stains Warranty - Provides total fiber protection against soil and stains Lifetime
Antistatic Warranty - Built-in static control fiber
10 Year Tuft Bind Warranty
MUZO Muzo warrants to the original purchaser that its products are free from defects in materials and workmanship for a period of ten (10) years from date of delivery, except as noted below. This warranty applies to single shift (standard 8- hour day, 5 days per week) use, and covers products delivered in the Americas: Canada, the Caribbean, Latin America, Mexico
, and the United States.
Limited Warranty:
5 Years- Moving seating components including controls and adjustment mechanisms, height adjustment mechanisms and pneumatic cylinders, monitor supports and tablet arm assemblies, wood veneer and low-pressure laminate (LPL) surfaces, urethane, and wood edge treatments, upholstery, and tailoring.
3 Years
Electrical components and power supplies, marker board surfaces, glass surfaces, replacement parts.
Fabric
Muzo offers no warranty, either implied or expressed, on any fabrics or leathers used on our d t LESRO All Lesro frames and assemblies are warranted to be free from defects in materials and workmanship under normal use and conditions for the life of the product. Unless otherwise stated by the fabric manufacturer, all Lesro fabric, vinyl, PVC free polyurethane and Crypton coverings are warrantied for a minimum of 2 years from the date of shipment.
MOORECO
Paragon 5 Year Limited Warranty, Seating 2 Year Warranty Russwood 5 Year Limited Warranty
WARRANTY SUMMARY
Products Warranty
Chair/Desk/Table Frames and Compass Storage Lifetime
Book Boxes/Book Baskets/Backpack Hooks Lifetime
Porcelain Surface Lifetime
Seating controls, pneumatic cylinders, bushings, folding mechanisms, rocker/wobble bases 1 Year Glides 6 Years
Casters 13 Years
Chair Shel
ls/Other Injection Molded Products and Table Tops 13 Years Clear Plastic/Acrylic 1 Year (Does not cover scratching by user – wear and tear) PVC and melamine laminate desks, tables, workstations, carts, and other furniture 1 Year 7/19/2022 Tab 5 Warranty Demco, Inc
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Brand Warranty Offered
WARRANTY SUMMARY
SAFCO LIMITED LIFETIME WARRANTY
Safco® warranty obligation: We pledge to repair or replace, at Safco’s option, any Safco product or component that is defective in material or workmanship for as long as you, the original purchaser, own it. This warranty is subject to the provisio
ns below.
LIABILITY LIMITATIONS
The following listed parts, components and supplies are covered under warranty in accordance with the below schedule following the product purchase date.
One Year: Mogo Seat
Three Years: Outdoor Products (Entourage™, Evos™, Canmeleon™ and CoGo™ Product Lines), High Density 4-Post wire shelving and wire components, electrical components and Dry Erase Surfaces.
Five Years: Glides, casters, polymer-based components, seating upholstery (fabrics and leather), foam, armrests, chrome seating components, user-adjustable work surface mechanisms, laminates, veneer finishes and other covering materials, drawer glides, electrical components, e5™ product line, Event Series, cabinets or mobile systems, components that are either moving parts or controls (guides that are in contact with moving parts), and motors on the ML-Series, E- Series, and LT-Series Height-Adjustable Tables.
Seven Years: Motor on XR-Series Height-Adjustable Tables.
Ten Years: Seating controls and cylinders, Rumba™, Cha-Cha™, Electric Height-Adjustable Table series laminates, and wood seating components. All parts (excluding motor) on the XR, ML, E and LT-Series Height-Adjustable Tables.
Smith Systems Smith System® promises to repair or replace any Smith System® brand product or component that is substantially defective (loss of serviceability) in material or workmanship for twelve years and lifetime for metal frames on chairs and tables for the original purchaser, or at our election give credit up to the invoice price of the product only. This is your sole and excl
usive remedy for products found by Smith System® to be defective.
Spectrum
USA Capitol USA Capitol warrants that its products shall be free of all substantial defects in original material and workmanship that may become evident within ten years from the date of purchase. USA Capitol warrants the structural integrity of our metal frames for the lifetime of the frame.
Whitney Brothers Limited Lifetime Warranty
Wisconsin Bench Limited Lifetime Warranty — WB Manufacturing warrants that its laminate furniture, Book Nook Products, CaseworkUSA® Storage, REplay® Laminate Lockers & Cubbies, REplay® Storage Cabinets, Rhapsody® Music Storage, Storage Solutions, Synergy Products, World Famous Lockers, and its steel frame products, specifically our desks, tables, chairs
, and stools shall be free of substantial defects in original material and workmanship from the date of delivery. This warranty is subject to the limitations and exclusions indicated below. Additionally, WB Manufacturing warrants that all laminate furniture products are to be compliant with Custom Grade or better, as defined in AWI Standards, Eighth Edition, Revision 2, unless contract documents indicate otherwise. 12 Year Warranty — WB Manufacturing warrants that its laminate tops, butcher block tops, phenolic tops, epoxy tops, stainless steel tops, high wear, and moveable parts (ie: casters, glides, etc.) shall be free of substantial defects in original material and workmanship for twelve (12) years from the date of delivery. 5 Year Warranty — WB Manufacturing warrants that all pneumatic bases and bases with flip mechanisms are free of substantial defects in original materials and workmanship for five (5) years from the date of delivery. Fomcore products are also warranted to be free of defects in material and workmanship under normal use of the product for five (5) years.
Product must be properly cared for, maintained and in use by its original owner. Damage in transit or by negligence, abuse, abnormal usage, misuse, accidents, or alterations nullifies the warranty. 1 Year Warranty — WB Manufacturing warrants that all electrical components, dry erase markerboard surfaces and HangOut Stools are free of substantial defects in original materials and workmanship for one (1) year from the date of delivery.
Wood Design All Wood Designs™ wood products carry a lifetime warranty to the original purchaser against defects in materials and workmanship.
All Wood Designs™ hardwood chairs, tables, cots and block sets carry a 10-year warranty to the original purchaser against defects in materials and workmanship.
Wood Designs™ plastic wicker baskets do not hold a warranty due to the nature of the product material.
Desk, table, cart and lectern chassis 10 Years
Electrical 2 Years
Flat panel monitor arms - including gas spring cylinders and general parts 2 Years Adjustable crank/electric legs and accessories 2 Years
Flat panel desk gas spring cylinders 2 Years
Height adjustable columns, lifts and accessories 2 Years Casters & wheels 2 Years
Keyboard, mouse, trays 2 Years
Locks and keys 2 Years
Tubs, totes and other accessories 1 Year
Structural components, including gas cylinders, wood, metal and plastic parts (i.e., chair frames, bases and control handles) 7 Years Consumable items (i.e., casters, glides, etc.) 5 Years
In-stock upholstery 5 Years
Arozzi Verona V2 Advanced Gaming and Verona Pro V2 Premium Gaming Chairs 2 Years Chairs
Spectrum Warranties
7/19/2022 Tab 5 Warranty Demco, Inc
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Tab 7 – Pricing
¨ Please submit price list electronically via our online Bonfire portal (pricing can be submitted as Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item.
¨ Price lists must contain the following:
Ø Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers).
Ø Description
Ø Vendor’s List Price
Ø Percent Discount to NCPA participating entities
¨ Not To Exceed Pricing
Ø NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity.
Ø The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.
Ø NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.
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Tab 8 – Value Added Products and Services
¨ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.
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Service Pricing Structure Additional Comments
Design $100/ hour (without product purchase)
Freight/shipping $75 minimum order (after discount)for free shipping on all Stock orders from the
Demco Annual Full Line catalog or
www.demco.com. Shipping and Processing
will be prepaid and added to all drop ship
orders, such as furniture and equipment.
Demco provides good-faith shipping
estimates on all orders.
Express parcel shipping and
accessorial fees. $75 min order on all
DEMCO Catalog or demco.com orders.
Call ahead appointment: $10.00 Fee is per delivery.
Inside Delivery: $45.00 Fee is per delivery, inside first set of doors on purchases without
Installation.
Lift gate $75.00 Fee is per delivery, inside first set of doors on purchases without
Installation.
Beyond first set of doors: Call for delivery quote
Price breaks for size of order Volume discounts available Call for Quote Installation $75-100/hour Call for Quote, additional charges may apply to projects if there is any
deviation from the typical project site.
See next page.
Bid #24-22
ADDITIONAL SERVICES
Date Prepared: 7-15-22 NCPA - Tab 8 ©Demco Inc.
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Brand Category Pricing Structure Additional Comments
DEMCO Circulation Technology Solutions
Equipment & Supplies
Additional fees for installation and extended
warranty may be required. Excluded from FOB
Destination.
DEMCO Automated Material Handling & Returns Call 800-697-9473 for a quote. Additional fees for installation and extended warranty may be
Modification 7-15-22
Date Prepared: 8.17.21 NCPA - Tab 8 ©Demco Inc.
DEMCO Full Line Catalog or go to
Website www.demco.com/ncpa for
complete product listing and for
new product additions.
Product exclusion: 3M Security products,
Subscription program products and Licensed
products including but not limited to: Garfield, Eric
Carle, Arthur, Clifford. $75 minimum order after
discount for all discounts to apply and free
shipping on Stock orders from the Demco Annual
Full Line catalog. Shipping and Processing will be
prepaid and added to all drop ship orders, such as
furniture and equipment. Demco provides good-
faith shipping estimates on all orders.
ADDITIONAL PRODUCTS/SERVICES DISCOUNT SUMMARY
Library Supplies, Book Care & Protection,
Learning Materials, Office & School
Supplies, Arts & Crafts, Display, Facilities
Management Supplies
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NCPA
National Cooperative
Purchasing Alliance
RFP # 24-22
Furniture - with Added value
Catalog discount code #C20601
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Date Prepared: 07-19-22 NCPA – RFP 24-22 ©2022 Demco Inc.
Your discount pricing agreement terms
Please enjoy these discounts for RFP 24-22 and use discount code C20601 on all orders.
Your discounts are based on prices listed at demco.com and will remain the same throughout the terms of this agreement.
Discount
• $75 minimum order (after discount) required for
contract terms to apply
• 15% on library, office, and technology supplies
(consumables)
• 5% on learning materials
• 8% on furniture and equipment under $2,000*
(non-consumable)
Shipping
• Demco will pay regular Ground Service shipping costs on all stock orders over the minimum order requirement.
Express parcel shipping is not included.
• Shipping and Processing will be prepaid and added to all drop ship orders, such as furniture and equipment.
Demco provides good-faith shipping estimates on all
orders.
• Accessorial delivery services are an additional fee.
Exclusions
• Security products
• Demco Software products
• littleBits™ products
• Demco exclusive products including but not limited to:
Dr. Seuss™, Pete the Cat, Eric Carle™, and Mo Willems
Expires 3 years from the date of award, with (5) 1-year renewals
*For large quantity orders or purchases over $2,000, please contact the Demco Inside Sales Team toll-free at 800.462.8709 or email [email protected]. You may be eligible for special bid pricing.
Discounts under this agreement cannot be used with bids, sale catalogs, or other promotions. If a sale price is lower than your discounted price, you will receive the best price.
Thank you for considering these terms. On behalf of Demco, I look forward to exceeding your expectations!
Kristopher L. Snow
Contracts Facilitator
Phone: 888.211.3072
Fax: 888.320.0288
Email: [email protected]
How to place an order
Web: demco.com
Phone: 800.356.1200
Email: [email protected]
Fax: 800.245.1329
Delivery
In-stock items arrive within 7–10
working days after receipt of order.
Depending on vendor lead times,
furniture and equipment may take
2–12 weeks to arrive.
Payment terms
Net 30 days
Remittance address
[email protected]
Demco
P.O. Box 88623
Milwaukee, WI 53288-8623
Mailing address
Demco
4810 Forest Run Rd
P.O. Box 7488
Madison, WI 53707-7488
Returns & warranties
You may return or exchange a
qualifying item* within six months
of your invoice date. Furniture,
special orders, custom products,
and international orders cannot be
returned or exchanged unless you
receive them damaged or
defective. Engraved or imprinted
items are not returnable.
*Not sure if an item qualifies for a
return or exchange? A Demco
Customer Service Representative
can help you. Call 800.962.4463 or
email [email protected].
Note: Terms and conditions may
change at any time.
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Tab 9 – Innovation
¨ Please provide details of your most recent innovation and how it affected sales in the public sector.
o New categories
o New fabrics and finishes
o New ergonomics
o New safety features
o New performance enhancement
o Other
¨ Please outline your timeline for future innovation.
o New categories
o New fabrics and finishes
o New ergonomics
o New safety features
o New performance enhancement
o Other
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Date Prepared: 07/19/2022 Tab 9 – NCPA ©2022 Demco Inc.
Innovation
With an extensive family of solutions , Demco offers the best selection of leading-edge products, resources, services and supporting technologies to meet NCPA’s current and future needs . Plus, with an ever-growing network of suppliers and over 4,000 new products added in the last year , Demco is well positioned to continue offering the broadest selection of products at great prices.
Our position in the industry, dedication and company size also gives us the resources to undertake initiatives to better serve customers. From proprietary Demco product lines to developing new products based on customer input, you gain access to customized and proven solutions otherwise unavailable to you in the marketplace.
Demco has developed a Ideas and Inspiration page on our website , to help Librarians and teachers find programming, professional development, community engagement tips, space design concepts, and ideas to help transform their libraries
https://ideas.demco.com/
Please see the news releases in the following pages for a few examples of D emco’s innovation process and success.
Ta b 9 – Innovation
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It’s an undeniable fact that teachers need storage,
and classrooms are rarely equipped with ample
accessible shelving. This often results in a
hodgepodge of hand-me-down bins, open shelving,
and visual mess — not exactly a learning haven.
Recent research has also shown that reducing
clutter encourages a healthier learning environment,
allowing students to focus with less visual distraction.
Even if you’re lucky enough to have a large closet,
you still want your materials accessible to students,
and you want to minimize the time you spend
putting away learning supplies between lessons.
Your time is at a premium!
So what’s the solution when your classroom lacks
adequate closet space? Demco’s Show & Stow
System is a low-profile, customizable storage solution that was born out of necessity in collaboration with
industry experts, practicing teachers, and designers. The system features open shelving and roll-out carts that
are conveniently hidden behind ceramic-coated steel
panels that operate as both a magnetic whiteboard and
an invisibility cloak for classroom supplies.
We spoke with Stephen Gower, Design Supervisor at
Demco, to get a behind-the-scenes look at how this
exciting solution evolved from a simple sketch to a
standout classroom innovation.
What issue with current learning spaces did you
aim to solve?
The main problem was really overly cluttered
environments and classrooms. Storage is always an
issue, and a lot of the time the storage is exposed. It’s a mix of miscellaneous items, like mobile carts, shelving, filing cabinets — in some cases five or six different types of storage and using the perimeter walls to basically
create storage areas. This creates a very cluttered
environment which can be a challenge for students, and
all of us, in terms of focus. So, our goal was to declutter that learning environment and increase productivity.
Tell us about your collaboration process and the steps
to creating a functional prototype.
There was a very basic sketch outlining a very
high-level concept of what we thought would be a good
solution, and then I was tasked with taking this and
designing the early stages of a product concept on how
this could be made in reality.
We created two concepts, one that was mobile and one
that was fixed and would be attached to the wall. Those two ideas were shared out with a focus group and
industry experts for feedback, and we arrived at moving forward with the wall-mounted option...
Taking Classroom Organization
from Sketch to Storage Solution
Physical clutter creates less square footage for learning.
And then visual clutter creates less square footage in our brains for learning. So in both of these areas, it’s important that our kids have as many square feet as possible.
- Dr. Bob Dillon, Author The Space: A Guide for Educators Continue reading...
problem to prototype
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Four reasons this dedicated social-emotional
learning tool is essential for your school’s success
Robin is a new program focused on supporting
mental health and social-emotional growth in school
communities. Its live coaching and skill-building
curriculum are customized to your needs, reflecting
the specific ways your educators teach and your
students learn. As one pillar of a well-rounded
education, this kind of social-emotional learning
program builds critical real-world skills, promotes
holistic well-being, and prepares students and teachers for a more balanced life in school and beyond. But what makes Robin uniquely effective and easy to adopt?
1. It’s CASEL aligned
The Collaborative for Academic, Social, and Emotional
Learning (CASEL) is a non-profit that began more than
20 years ago. It’s the gold standard in evidence-based
SEL strategies and a leader in advocating for SEL as a
part of every child’s education.
The CASEL framework identifies five key competencies
that can help educators define and articulate age-
appropriate milestones for their students’ development:
self-awareness, self-management, social awareness,
relationship skills, and responsible decision-making.
Each of these can be applied in all four environments
where students grow, from classrooms and schools to
families and communities.
Robin’s coaching, curriculum, gamification, and
assessments align closely with the CASEL framework.
As a result, its customized and human-centered
approach helps to build authentic school-family-
community partnerships, support equitable learning
environments, and provide resources that make a
meaningful impact on your community.
2. It’s easy to fund
Robin programming is eligible for Titles I, II, IV and
ESSER funding. This funding allows schools across
the country to provide well-rounded support to their
students and teachers.
The COVID-19 pandemic deeply impacted the mental
health of entire school communities. Because ESSER
funding is set aside to aid in COVID-related recovery
and development, Robin can be an excellent way to use
some of your available ESSER funds. It can help rebuild the connectedness that’s critical to a healthy school
ecosystem, and its flexible virtual and in-person options make it easy to implement in ever-changing settings.
Titles I, II, and IV provide over $1 billion in funding for programs that support student health, technology
improvements, teacher quality, at-risk youth, and
students from low-income families.
Why Your School Needs
This SEL Solution
Continue reading...
social emotional learning
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Tab 10 – Required Documents
¨ Federal Funds Certifications
¨ Clean Air and Water Act & Debarment Notice
¨ Contractors Requirements
¨ Antitrust Certification Statements
¨ Required Clauses for Federal Assistance by FTA
¨ State Notice Addendum
ATTACHMENT A
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Federal Funds Certifications
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. • Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency and Offeror reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) • Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” • Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.
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(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.
• Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions • Any Participating Agency will include any current and applicable prevailing wage determination in each issued solicitation and provide Offeror with any required documentation and/or forms that must be completed by Offeror to remain in compliance the applicable Davis-Bacon Act provisions.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
• Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
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Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
• Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
• Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
• Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
• Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in
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compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).
The undersigned further certifies that:
o No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. o If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
o The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and all subrecipients shall certify and disclose accordingly.
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.334. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.334 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Participating Agencies will clearly identify whether Buy America Provisions apply in any issued solicitation. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.
ATTACHMENT A
309
CERTIFICATION OF ACCESS TO RECORDS
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any non-financial documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents. This right of access will last only as long as the records are retained.
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
Offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted in the pages above. It is further acknowledged that offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances as applicable.
Offeror: _____________________________________________________________________________________
Address: _____________________________________________________________________________________
City, State, Zip: _____________________________________________________________________________________
Authorized Signature: _____________________________________________________________________________________
Date: _____________________________________________________________________________________
7/19/2022
Demco, Inc
4810 Forest Run Rd.
Madison, WI 53704
ATTACHMENT A
310
Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.
I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations
Potential Vendor
Print Name
Address
City, Sate, Zip
Authorized signature
Date
7/19/2022
Demco, Inc
Terry Janes, VP Finance
4810 Forest Run Rd.
Madison, WI 53704
ATTACHMENT A
311
Contractor Requirements
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.
Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E- Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed
Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.
The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran.
Authorized signature
Date
7/19/2022
ATTACHMENT A
312
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
Terry R Janes
Vice President - Finance
Demco, Inc
4810 Forest Run Rd.
Madison, WI 53704
866.558.9068
888.320.0288
[email protected]
ATTACHMENT A
313
Required Clauses for Federal Assistance provided by FTA ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all non-financial books, records, accounts and reports required under this Contract for a period of not less than two (2) 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 the FTA Administrator, the U.S. DOT Office of the Inspector General, 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 non-financial work, materials, and other data and records that pertain to the Project, and to audit the non-financial books, records, and accounts that pertain 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. The right of access detailed in this section continues only as long as the records are retained.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts.
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 applicable implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency.
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 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 that are flowed to Contractor from Awarding Participating Agency. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC)
ATTACHMENT A
314
implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.
Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts.
1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all
ATTACHMENT A
315
applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts.
Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate.
Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, listed directly or by reference in the Contract between Public Agency and the FTA, and those applicable regulatory and procedural updates that are communicated to Contractor by Public Agency, 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 and applicable to the scope of a particular Contract awarded to Contractor by a Public Agency as a result of solicitation, as set forth in the most current FTA Circular 4220.1F, published February 8 th, 2016, 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 knowingly perform any act, knowingly fail to perform any act, or refuse to comply with any reasonable public agency requests that would directly cause public agency to be in violation of the FTA terms and conditions.
ATTACHMENT A
316
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms, to the best of its knowledge, the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
ATTACHMENT A
317
State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract.
For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/State_and_Territories.shtml https://www.usa.gov/local-governments
ATTACHMENT A
318
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value Allied Plastics
Co., Inc. Loftwall PS Furniture Allsteel
Pricing 40 32 33 32 29
Ability to service the contract 25 19 22 18 22
References 20 8 13 13 12
Value Added Products and Services 7 5 3 9 8
Innovation 8 6 9 8 8
Total 100 70 80 80 79
AIS Watson Furniture Peter Pepper
Evaluation Committee for Contract: Arcadia Chair DEMCO MooreCo Emily Jeffrey Leland Furniture Hightower Palmieri Furniture Mike Muscara Trinity Furniture ESI Indiana Furniture
Chris Thomas WAYFAIR Trendway Davis Furniture
Jeremy Eaton SurfaceWorks Grand Rapids Cha Berco
Vendors Awarded Under this Contract
ATTACHMENT A
319
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value
Pricing 40
Ability to service the contract 25
References 20
Value Added Products and Services 7
Innovation 8
Total 100
Evaluation Committee for Contract:
Emily Jeffrey
Mike Muscara
Chris Thomas
Jeremy Eaton
Sitescape Series USA, LLC MiEN Company,
Inc
AmTab
Manufacturing
Corporation
Mobilier de
Bureau Logiflex
Inc
29 35 23 33 20
21 18 22 19 17
13 13 12 7 13
4 7 8 7 4
5 3 8 6 8
72 76 73 72 62
MediatechnologieSource Internatio Scandinavian Spa
Dauphin Via Seating Norix
e Versteel Invincible Furnitu Loftwall
Jonti-Craft Frank Cooney PS Furniture
Homecrest Outdo Fleetwood Allsteel
Special-T Skyline Design Sitescape
Vendors Awarded Under this Contract
ATTACHMENT A
320
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value
Pricing 40
Ability to service the contract 25
References 20
Value Added Products and Services 7
Innovation 8
Total 100
Evaluation Committee for Contract:
Emily Jeffrey
Mike Muscara
Chris Thomas
Jeremy Eaton
Borgo NuCraft 9to5 Seating LLC Paragon
Furniture, Inc Mamava, Inc
31 30 28 27 24
16 18 21 23 23
13 12 12 13 12
8 9 7 5 8
7 8 8 4 9
75 77 76 72 76
aces Series Seating Mamava Foliot
MiEN Company Clarus Haskell
AmTab Forms & Surfaces Smith System
Borgo Egan Visual Inscape
Nucraft DARRAN Magnuson Group
9to5 Seating Three H Sedia Systems
Vendors Awarded Under this Contract
ATTACHMENT A
321
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value
Pricing 40
Ability to service the contract 25
References 20
Value Added Products and Services 7
Innovation 8
Total 100
Evaluation Committee for Contract:
Emily Jeffrey
Mike Muscara
Chris Thomas
Jeremy Eaton
Clarus
Glassboards LLC
Forms and
Surfaces, Inc Egan Visual DARRAN
Furniture
Claridge
Products and
Equipment, Inc.
35 30 29 29 18
18 22 20 19 19
12 10 13 8 4
4 9 8 6 4
4 9 4 10 7
73 80 74 72 52
Paragon
LOLL Designs
Landscape Forms
Allied Plastics Co., Inc.
p
Vendors Awarded Under this Contract
ATTACHMENT A
322
RFP #24-22 Furniture Thursday, July 21st, 2022
Evaluation Criteria Point Value
Pricing 40
Ability to service the contract 25
References 20
Value Added Products and Services 7
Innovation 8
Total 100
Evaluation Committee for Contract:
Emily Jeffrey
Mike Muscara
Chris Thomas
Jeremy Eaton
Three H
Furniture
Systems Limited
Lesro
Industries, Inc.
Foliot Furniture
Inc.
HASKELL
EDUCATION
Smith System
Manufacturing
30 29 23 27 36
22 19 20 19 22
13 0 12 9 15
5 0 8 9 7
3 0 8 9 8
73 48 71 73 88
ATTACHMENT A
323
24-22 - Request for Proposal (RFP) for
Furniture
Project Overview
Project Details
Reference ID 24-22
Project Name Request for Proposal (RFP) for Furniture
Project Type RFP
Project Description Furniture
Open Date Jun 07, 2022 6:00 AM CDT
Close Date Jul 21, 2022 2:00 PM CDT
Seal status
Requested Information Unsealed on Unsealed by
Proposal Jul 21, 2022 2:08 PM CDT Jonathan Applegate
Pricing Jul 21, 2022 2:08 PM CDT Jonathan Applegate
ATTACHMENT A
324
RFP Bid/Proposal Receipt List:
RFP #24-22 Furniture
Thursday, July 21st, 2022 2:00 pm
Supplier Date
Submitted Name Email
Affordable Interior
Systems, Inc. (AIS)
Jul 19, 2022
12:09 PM
CDT
Helen Woods [email protected]
Arcadia Chair
Comapny
Jul 19, 2022
11:49 AM
CDT
Pamela
Angeles [email protected]
Leland Furniture
Jul 19, 2022
3:34 PM
CDT
Stephanie
Chandonnet [email protected]
Artopex Inc
Jul 21, 2022
12:56 PM
CDT
Audrey
Gagnon [email protected]
RT London
Jul 19, 2022
9:09 AM
CDT
Reggie Van
Prooyen [email protected]
Trinity Furniture,
Inc.
Jul 21, 2022
8:51 AM
CDT
Evan
Lagueruela [email protected]
WAYFAIR
Jul 21, 2022
1:36 PM
CDT
Garrett Clegg [email protected]
SurfaceWorks
Jul 21, 2022
12:09 PM
CDT
Kelly Ciezki [email protected]
Watson Furniture
Group
Jul 14, 2022
8:49 AM
CDT
Sandy Yokeley [email protected]
Demco, Inc. Jul 19, 2022
6:53 PM
Inside Sales
Specialist [email protected]
ATTACHMENT A
325
CDT
Hightower Group,
LLC
Jul 21, 2022
1:46 PM
CDT
Adam Merkl [email protected]
Fellowes, Inc. d/b/a
ESI Ergonomic
Solutions
Jul 19, 2022
8:22 PM
CDT
Melissa Fuller [email protected]
Trendway
Corporation
Jul 19, 2022
8:36 AM
CDT
Melissa Fuller [email protected]
Grand Rapids Chair
Company
Jul 20, 2022
4:40 PM
CDT
GREG
BREMER [email protected]
PETER PEPPER
PRODUCTS, INC
Jul 21, 2022
12:18 PM
CDT
Michael
Pepper [email protected]
MooreCo Inc.
Jul 20, 2022
6:59 AM
CDT
Scott
Kurtzman [email protected]
Palmieri Furniture
Jul 04, 2022
1:22 PM
CDT
Frank Palmieri [email protected]
Indiana Furniture
Industries, Inc.
Jul 21, 2022
10:00 AM
CDT
Angie Kleiser [email protected]
Davis Furniture
Jul 19, 2022
9:45 PM
CDT
Jeffrey Rosner [email protected]
FAIRWAY
HOLDINGS DBA
BERCO
Jun 27,
2022 12:04
PM CDT
John
Francosky [email protected]
Landscape Forms
Jul 19, 2022
2:29 PM
CDT
Nicole
Thompson [email protected]
Mediatechnologies
Jul 18, 2022
8:26 AM
CDT
Dan Driessche [email protected]
Dauphin
Jun 27,
2022 9:10
AM CDT
Angela Smith [email protected]
Stance Healthcare
Inc.
Jul 21, 2022
1:16 PM Kim Daly [email protected]
ATTACHMENT A
326
CDT
Versteel
Jul 21, 2022
11:18 AM
CDT
[email protected]
Jonti-Craft, INC
Jul 21, 2022
1:31 PM
CDT
Stefanie
Goblirsch [email protected]
Allseating
Corporation
Jul 21, 2022
12:29 PM
CDT
Keeley Boeve [email protected]
Homecrest Outdoor
Jul 21, 2022
1:08 PM
CDT
Nathan
Peterson [email protected]
Special-T, LLC
Jul 19, 2022
4:26 PM
CDT
Lisa Polillo [email protected]
Source
International
Jul 12, 2022
11:16 AM
CDT
Bethany Parks [email protected]
GroupeLacasse
Jul 21, 2022
1:38 PM
CDT
Groupe
Lacasse [email protected]
Loll Designs
Jul 19, 2022
11:11 AM
CDT
Kris
Stolebarger [email protected]
Via Inc (Via
Seating)
Jul 20, 2022
11:07 AM
CDT
Heather Arnold [email protected]
IMF Solutions, LLC
dba Invincible
Furniture
Jul 21, 2022
8:28 AM
CDT
James Lieser [email protected]
Frank Cooney
Company, Inc.
Jul 20, 2022
12:57 PM
CDT
Julie Cooney [email protected]
FLEETWOOD
GROUP, INC
Jul 20, 2022
12:48 PM
CDT
Drew Ericks [email protected]
Skyline Design, Inc.
Jul 20, 2022
10:35 AM
CDT
Vipul Bhagat [email protected]
Scandinavian
Spaces
Jul 20, 2022
2:57 PM Elizabeth Wren [email protected]
ATTACHMENT A
327
CDT
Norix Group, Inc.
Jul 21, 2022
11:22 AM
CDT
Cori Kasper [email protected]
Aura Seating (dba
of Murti, LLC)
Jul 20, 2022
10:33 PM
CDT
Minal Mondkar [email protected]
Allied Plastics Co.,
Inc.
Jul 20, 2022
1:55 PM
CDT
Jay Krause [email protected]
Loftwall, Inc.
Jul 19, 2022
11:22 AM
CDT
Stephanie
Restivo [email protected]
PS Furniture, Inc.
Jul 14, 2022
10:02 AM
CDT
STEVEN
COOK [email protected]
Allsteel Inc.
Jul 21, 2022
10:02 AM
CDT
Cindy
Hermann [email protected]
SiteScapes, Inc.
Jul 21, 2022
12:11 PM
CDT
Hannah
Jacobs [email protected]
Series USA, LLC
Jul 19, 2022
8:50 AM
CDT
Steve Burgess [email protected]
MiEN Company,
Inc.
Jul 20, 2022
2:01 PM
CDT
Tina M. Rader [email protected]
AmTab
Manufacturing
Corporation
Jul 21, 2022
10:08 AM
CDT
Themio Lies [email protected]
Mobilier de Bureau
Logiflex Inc
Jul 19, 2022
6:07 PM
CDT
Nathalie Todd [email protected]
Borgo
Jul 21, 2022
9:08 AM
CDT
Lucas
Spassiani [email protected]
Nucraft
Jul 18, 2022
8:45 AM
CDT
Angela
Schneider [email protected]
9to5 Seating LLC Jul 21, 2022
10:41 AM Joni Stafford [email protected]
ATTACHMENT A
328
CDT
Paragon Furniture,
Inc.
Jul 21, 2022
9:04 AM
CDT
Jay Krause [email protected]
Mamava, Inc.
Jul 18, 2022
8:52 PM
CDT
Janet
Stambolian [email protected]
Clarus
Glassboards LLC
Jul 20, 2022
3:52 PM
CDT
Kevin
Froehlich [email protected]
Forms and
Surfaces, Inc
Jul 21, 2022
1:50 PM
CDT
Deron
Thompson [email protected]
Egan Visual
Jul 21, 2022
1:00 PM
CDT
Randy
Hermann [email protected]
DARRAN Furniture
Jul 21, 2022
8:54 AM
CDT
Angie Eads [email protected]
Claridge Products
and Equipment,
Inc.
Jul 20, 2022
1:27 PM
CDT
Jay Krause [email protected]
Three H Furniture
Systems Limited
Jul 20, 2022
1:51 PM
CDT
Tina Rader [email protected]
Lesro Industries,
Inc.
Jul 21, 2022
1:14 PM
CDT
Mark Dunton [email protected]
Foliot Furniture Inc.
Jul 20, 2022
4:16 PM
CDT
Joanne Pouliot [email protected]
HASKELL
EDUCATION
Jul 21, 2022
12:52 PM
CDT
Tim Kerfien [email protected]
Smith System
Manufacturing
Jul 20, 2022
4:28 PM
CDT
Lorrie Gibbs [email protected]
Spec Furniture Inc.
Jul 21, 2022
8:36 AM
CDT
Jasmin Collitz [email protected]
Inscape, Inc Jul 21, 2022
9:29 AM Jennifer Angus [email protected]
ATTACHMENT A
329
CDT
Magnuson Group
Jul 21, 2022
9:47 AM
CDT
Colin
Quackenbush [email protected]
VARI Sales
Corporation
Jul 21, 2022
1:49 PM
CDT
Sade Williams [email protected]
Sedia Systems
Jul 21, 2022
12:12 PM
CDT
Karen
Andersen [email protected]
Leeder Furniture
LLC
Jul 21, 2022
12:53 PM
CDT
Mandi
Hurkmans [email protected]
ATTACHMENT A
330
ATTACHMENT A
331
SPORTS E3 USA TODAY ❚ TUESDAY JUNE 14, 2022❚ 5C
PGA Tour RBC Canadian Open
St. George’s G&CC, Toronto
Purse: $8.7 million
Yardage: 7,014; Par: 70
Final Round
Rory McIlroy (500), $1,566,000 .........................66-68-65-62—261 (-19) Tony Finau (300), $948,300................................66-71-62-64—263 (-17) Justin Thomas (190), $600,300.........................69-69-63-64—265 (-15) Sam Burns (123), $391,500.................................67-69-65-65—266 (-14) Justin Rose (123), $391,500 ...............................69-70-67-60—266 (-14) Corey Conners (100), $315,375...........................71-69-66-62—268 (-12) Wyndham Clark (85), $273,325 ..........................63-70-68-69—270 (-10) Chris Kirk (85), $273,325 ...................................69-69-66-66—270 (-10) Keith Mitchell (85), $273,325..............................67-67-70-66—270 (-10) Matt Fitzpatrick (70), $219,675 .............................64-70-70-67—271 (-9) Danny Lee (70), $219,675 ....................................68-69-69-65—271 (-9) Shane Lowry (70), $219,675 .................................67-69-69-66—271 (-9) Austin Cook (55), $160,515...................................71-64-68-69—272 (-8) Kelly Kraft (55), $160,515.....................................69-69-70-64—272 (-8) Aaron Rai (55), $160,515.......................................69-70-67-66—272 (-8) Brendon Todd (55), $160,515 ..............................69-69-68-66—272 (-8) Harold Varner III (55), $160,515............................65-72-68-67—272 (-8) Doug Ghim (47), $123,975.....................................65-71-68-69—273 (-7) Patrick Rodgers (47), $123,975 .............................67-69-72-65—273 (-7) Scottie Scheffler (47), $123,975 ............................69-67-71-66—273 (-7) Adam Long (40), $94,830.....................................70-67-67-70—274 (-6) Scott Piercy (40), $94,830...................................70-70-66-68—274 (-6) Alex Smalley (40), $94,830 ...................................67-67-67-73—274 (-6) Adam Svensson (40), $94,830 .............................72-68-67-67—274 (-6) John Huh (34), $71,485 ........................................69-69-72-65—275 (-5) Jim Knous (34), $71,485........................................67-67-69-72—275 (-5) Sebastian Munoz (34), $71,485.............................69-70-65-71—275 (-5) Jonas Blixt (27), $57,047 .......................................67-74-70-65—276 (-4) Emiliano Grillo (27), $57,047 .................................70-70-67-69—276 (-4) Mackenzie Hughes (27), $57,047..........................66-75-68-67—276 (-4) Hank Lebioda (27), $57,047 ..................................69-70-71-66—276 (-4) Chase Seiffert (27), $57,047 .................................69-70-67-70—276 (-4) Nick Taylor (27), $57,047 .......................................70-68-67-71—276 (-4) Danny Willett (27), $57,047...................................71-68-72-65—276 (-4) Ryan Armour (17), $39,730....................................72-66-68-71—277 (-3) Adam Hadwin (17), $39,730 .................................69-70-69-69—277 (-3) Nick Hardy (17), $39,730 .......................................68-73-65-71—277 (-3) Charley Hoffman (17), $39,730 .............................68-68-71-70—277 (-3) Justin Lower (17), $39,730 ...................................70-68-70-69—277 (-3) Ryan Moore (17), $39,730 ....................................69-69-69-70—277 (-3) Seung-Yul Noh (17), $39,730 ................................69-70-68-70—277 (-3) Matt Wallace (17), $39,730....................................70-66-70-71—277 (-3) Vince Whaley (17), $39,730 ..................................72-69-67-69—277 (-3) Mark Hubbard (12), $30,015..................................67-73-72-66—278 (-2) Austin Smotherman (12), $30,015........................72-68-70-68—278 (-2) Paul Barjon (10), $26,535.......................................72-67-70-70—279 (-1) Carlos Ortiz (10), $26,535 ......................................67-73-69-70—279 (-1) Aaron Cockerill (9), $22,568 .................................70-68-73-69—280 (E) Lee Hodges (9), $22,568 .......................................66-70-77-67—280 (E) Cameron Smith (9), $22,568..................................76-65-68-71—280 (E) Brandt Snedeker (9), $22,568 ...............................68-70-72-70—280 (E) Vaughn Taylor (9), $22,568 ...................................68-70-75-67—280 (E) Brett Drewitt (6), $20,387 .....................................71-70-69-71—281 (+1) Ben Martin (6), $20,387 .........................................71-66-73-71—281 (+1) Robert Streb (6), $20,387 ......................................69-70-71-71—281 (+1) Sahith Theegala (6), $20,387.................................71-70-67-73—281 (+1) Bo Van Pelt (6), $20,387 .......................................71-69-65-76—281 (+1) LPGA Tour
ShopRite LPGA Classic presented by Acer
Bay Course, Galloway, N.J.
Purse: $1.8 million
Yardage: 6,190; Par: 71
Final Round
(x-won on first playoff hole)
x-Brooke Henderson, $262,500 ...............................67-70-64—201 (-12) Lindsey Weaver-Wright, $161,223...........................68-68-65—201 (-12) Jodi Ewart Shadoff, $116,956....................................68-67-67—202 (-11) Lydia Ko, $81,648......................................................71-65-67—203 (-10) Albane Valenzuela, $81,648.....................................70-66-67—203 (-10) Marina Alex, $51,049 .................................................67-70-67—204 (-9) Nasa Hataoka, $51,049.............................................68-68-68—204 (-9) Brittany Lincicome, $51,049 .....................................69-68-67—204 (-9) Celine Boutier, $36,043 .............................................70-72-63—205 (-8) Brittany Lang, $36,043 .............................................69-69-67—205 (-8) Jenny Shin, $36,043..................................................69-70-66—205 (-8) Lauren Coughlin, $29,010..........................................69-65-72—206 (-7) Morgane Metraux, $29,010 ........................................68-67-71—206 (-7) Jennifer Song, $29,010 ..............................................71-69-66—206 (-7) Inbee Park, $24,891....................................................71-69-67—207 (-6) Sung Hyun Park, $24,891 ..........................................68-69-70—207 (-6) Chella Choi, $20,037 ..................................................71-69-68—208 (-5) Hye Jin Choi, $20,037 ...............................................69-70-69—208 (-5) Frida Kinhult, $20,037................................................66-67-75—208 (-5) Jin Young Ko, $20,037 ................................................67-71-70—208 (-5) Jeongeun Lee6, $20,037 ...........................................68-71-69—208 (-5) Wichanee Meechai, $20,037.....................................70-69-69—208 (-5) Hinako Shibuno, $20,037............................................71-70-67—208 (-5) Kelly Tan, $20,037 ......................................................74-67-67—208 (-5) Stephanie Kyriacou, $15,932 ......................................65-73-71—209 (-4) Caroline Masson, $15,932 ..........................................68-71-70—209 (-4) Su-Hyun Oh, $15,932.................................................69-68-72—209 (-4) Jasmine Suwannapura, $15,932................................70-70-69—209 (-4) Dottie Ardina, $11,420 .................................................67-71-72—210 (-3) Jennifer Chang, $11,420 ............................................73-68-69—210 (-3) Peiyun Chien, $11,420 ................................................72-68-70—210 (-3) Jenny Coleman, $11,420 ............................................72-68-70—210 (-3) Isi Gabsa, $11,420 .......................................................74-64-72—210 (-3) Nuria Iturrioz, $11,420 ................................................70-71-69—210 (-3) Gina Kim, $11,420........................................................71-70-69—210 (-3) Jeong Eun Lee5, $11,420.............................................68-71-71—210 (-3) Stacy Lewis, $11,420 ..................................................72-68-70—210 (-3) Yu Liu, $11,420............................................................69-72-69—210 (-3) Pornanong Phatlum, $11,420......................................74-67-69—210 (-3) Robynn Ree, $11,420 ..................................................70-70-70—210 (-3) Emma Talley, $11,420.................................................69-73-68—210 (-3) Aditi Ashok, $7,021 .......................................................71-71-69—211 (-2) Cydney Clanton, $7,021................................................71-71-69—211 (-2) Karis Davidson, $7,021 ................................................73-68-70—211 (-2) Perrine Delacour, $7,021 ..............................................70-71-70—211 (-2) Ayaka Furue, $7,021.....................................................69-72-70—211 (-2) Bronte Law, $7,021 ......................................................73-68-70—211 (-2) Ruixin Liu, $7,021 ........................................................69-69-73—211 (-2) Anna Nordqvist, $7,021 ...............................................72-70-69—211 (-2) Kaitlyn Papp, $7,021 .....................................................71-71-69—211 (-2) Bailey Shoemaker, $0 .................................................73-68-70—211 (-2) Lauren Stephenson, $7,021 .........................................72-68-71—211 (-2) Dewi Weber, $7,021 .....................................................69-70-72—211 (-2) Maisie Filler, $0 ...........................................................70-70-72—212 (-1) Muni He, $4,881 ...........................................................71-69-72—212 (-1) Caroline Inglis, $4,881 .................................................69-70-73—212 (-1) Sarah Kemp, $4,881 ......................................................71-70-71—212 (-1) Cristie Kerr, $4,881 ......................................................68-72-72—212 (-1) A Lim Kim, $4,881 .......................................................73-69-70—212 (-1) Giulia Molinaro, $4,881 ................................................72-70-70—212 (-1) Paula Reto, $4,881 ........................................................71-70-71—212 (-1) Sarah Jane Smith, $4,881 .............................................70-71-71—212 (-1) Klara Spilkova, $4,881 .................................................72-68-72—212 (-1) Alana Uriell, $4,881.......................................................71-67-74—212 (-1) Haru Nomura, $4,105 ...................................................70-70-73—213 (E) Anne Van Dam, $4,105..................................................73-69-71—213 (E)
SUNDAY GOLF
All times ET
MLB
AMERICAN LEAGUE
East Division
W L Pct GB
New York 44 16 .733 —
Toronto 35 24 .593 8½
Tampa Bay 35 25 .583 9
Boston 32 29 .525 12½
Baltimore 26 35 .426 18½
Central Division
W L Pct GB
Minnesota 35 27 .565 —
Cleveland 29 27 .518 3
Chicago 27 31 .466 6
Detroit 24 35 .407 9½
Kansas City 20 39 .339 13½
West Division
W L Pct GB
Houston 37 23 .617 —
Texas 28 31 .475 8½
Los Angeles 29 33 .468 9
Seattle 27 33 .450 10
Oakland 21 41 .339 17
Sunday’s Games
Cleveland 6, Oakland 3
Toronto 6, Detroit 0
N.Y. Yankees 18, Chicago Cubs 4
Tampa Bay 6, Minnesota 0
Houston 9, Miami 4
Baltimore 10, Kansas City 7
Texas 8, Chicago White Sox 6, 12 innings
Boston 2, Seattle 0
N.Y. Mets 4, L.A. Angels 1
Monday’s Games
Baltimore at Toronto
Chicago White Sox at Detroit
Houston at Texas
Kansas City at San Francisco
Minnesota at Seattle
Tuesday’s Games
Tampa Bay (Kluber 3-2) at N.Y. Yankees (Cole
5-1), 7:05 p.m.
Baltimore (Lyles 3-5) at Toronto (Kikuchi 2-2),
7:07 p.m.
Chicago White Sox (Cease 4-3) at Detroit
(TBD), 7:10 p.m.
Oakland (Koenig 0-1) at Boston (Pivetta 5-5),
7:10 p.m.
Houston (Urquidy 5-3) at Texas (Dunning
1-4), 8:05 p.m.
Cleveland (Bieber 3-3) at Colorado (Senzatela
2-3), 8:40 p.m.
Kansas City (Bubic 0-3) at San Francisco
(Webb 5-2), 9:45 p.m.
L.A. Angels (Syndergaard 4-4) at L.A. Dodgers
(Gonsolin 7-0), 10:10 p.m.
Minnesota (Bundy 3-3) at Seattle (Gilbert
6-2), 10:10 p.m.
Wednesday’s Games
Chicago White Sox at Detroit, 1:10 p.m.
Houston at Texas, 2:05 p.m.
Kansas City at San Francisco, 3:45 p.m.
Minnesota at Seattle, 4:10 p.m.
Tampa Bay at N.Y. Yankees, 7:05 p.m.
Baltimore at Toronto, 7:07 p.m.
Oakland at Boston, 7:10 p.m.
Cleveland at Colorado, 8:40 p.m.
L.A. Angels at L.A. Dodgers, 10:10 p.m.
NATIONAL LEAGUE
East Division
W L Pct GB
New York 40 22 .645 —
Atlanta 34 27 .557 5½
Philadelphia 30 30 .500 9
Miami 27 31 .466 11
Washington 23 39 .371 17
Central Division
W L Pct GB
St. Louis 34 27 .557 —
Milwaukee 34 28 .548 ½
Pittsburgh 24 34 .414 8½
Chicago 23 36 .390 10
Cincinnati 21 39 .350 12½
West Division
W L Pct GB
Los Angeles 37 23 .617 —
San Diego 37 24 .607 ½
San Francisco 33 26 .559 3½
Arizona 29 33 .468 9
Colorado 27 34 .443 10½
Sunday’s Games
Atlanta 5, Pittsburgh 3
Milwaukee 4, Washington 1
N.Y. Yankees 18, Chicago Cubs 4
Arizona 13, Philadelphia 1
Cincinnati 7, St. Louis 6
Houston 9, Miami 4
Colorado 4, San Diego 2
San Francisco 2, L.A. Dodgers 0
N.Y. Mets 4, L.A. Angels 1
Monday’s Games
Atlanta at Washington
Miami at Philadelphia
Pittsburgh at St. Louis
San Diego at Chicago Cubs
Cincinnati at Arizona
Kansas City at San Francisco
Tuesday’s Games
Pittsburgh (Brubaker 0-6) at St. Louis (Libe-
ratore 1-1), 1:15 p.m., 1st game
Atlanta (Fried 6-2) at Washington (Strasburg
0-1), 7:05 p.m.
Miami (Rogers 3-5) at Philadelphia (Eflin 2-4),
7:05 p.m.
Milwaukee (Houser 3-6) at N.Y. Mets (Bassitt
4-4), 7:10 p.m.
Pittsburgh (TBD) at St. Louis (Mikolas 4-4),
7:45 p.m., 2nd game
San Diego (TBD) at Chicago Cubs (Hendricks
2-5), 8:05 p.m.
Cleveland (Bieber 3-3) at Colorado (Senzatela
2-3), 8:40 p.m.
Cincinnati (Mahle 2-5) at Arizona (Davies 2-3),
9:40 p.m.
Kansas City (Bubic 0-3) at San Francisco
(Webb 5-2), 9:45 p.m.
L.A. Angels (Syndergaard 4-4) at L.A. Dodgers
(Gonsolin 7-0), 10:10 p.m.
Wednesday’s Games
Miami at Philadelphia, 1:05 p.m.
Cincinnati at Arizona, 3:40 p.m.
Kansas City at San Francisco, 3:45 p.m.
Atlanta at Washington, 7:05 p.m.
Milwaukee at N.Y. Mets, 7:10 p.m.
Pittsburgh at St. Louis, 7:45 p.m.
San Diego at Chicago Cubs, 8:05 p.m.
Cleveland at Colorado, 8:40 p.m.
L.A. Angels at L.A. Dodgers, 10:10 p.m.
NBA
Playoff
NBA FINALS
(Best-of-7; x-if necessary)
Boston 2, Golden State 2
June 2: Boston 120, Golden State 108
June 5: Golden State 107, Boston 88
June 8: Boston 116, Golden State 100
June 10: Golden State 107, Boston 97
Monday: Boston at Golden State
June 16: Golden State at Boston, 9 p.m., ABC
x-June 19: Boston at Golden State, 8 p.m., ABC
WNBA
EASTERN CONFERENCE
W L Pct GB
Connecticut 10 4 .714 —
Chicago 9 4 .692 ½
Washington 9 6 .600 1½
Atlanta 7 6 .538 2½
New York 5 9 .357 5
Indiana 4 12 .250 7
WESTERN CONFERENCE
W L Pct GB
Las Vegas 11 2 .846 —
Seattle 8 5 .615 3
Dallas 6 7 .462 5
Phoenix 5 8 .385 6
Los Angeles 5 8 .385 6
Minnesota 3 11 .214 8½
Sunday’s Games
Chicago 88, New York 86
Seattle 84, Dallas 79
Phoenix 99, Washington 90, OT
Indiana 84, Minnesota 80
Tuesday’s Games
Phoenix at Washington, 7 p.m.
Seattle at Minnesota, 9 p.m.
Wednesday’s Games
Las Vegas at Dallas, 1 p.m.
Atlanta at Connecticut, 7 p.m.
Phoenix at Indiana, 7 p.m.
Thursday’s Game
Washington at New York, 7 p.m.
SOCCER
MLS
EASTERN CONFERENCE
W L T Pts GF GA
New York City FC 8 3 2 26 25 10
Philadelphia 6 1 7 25 19 10
CF Montréal 7 5 2 23 28 26
New York 6 4 5 23 24 17
Orlando City 6 5 3 21 17 20
Charlotte FC 6 8 1 19 15 18
Cincinnati 6 7 1 19 21 25
New England 5 5 4 19 24 24
Inter Miami CF 5 6 3 18 15 22
Columbus 4 5 4 16 17 16
Atlanta 4 5 4 16 20 20
Toronto FC 4 7 3 15 21 27
D.C. United 4 7 2 14 17 23
Chicago 2 7 5 11 13 20
WESTERN CONFERENCE
W L T Pts GF GA
Los Angeles FC 9 3 2 29 29 16
FC Dallas 7 3 4 25 24 13
Real Salt Lake 7 4 4 25 18 19
Austin FC 7 4 3 24 28 18
LA Galaxy 7 5 2 23 17 15
Nashville 6 4 5 23 18 16
Houston 5 6 3 18 17 17
Minnesota United 5 6 3 18 15 15
Colorado 5 6 3 18 16 17
Vancouver 5 7 2 17 16 24
Seattle 5 6 1 16 15 16
Portland 3 6 6 15 21 25
San Jose 3 6 6 15 25 32
Sporting KC 3 9 4 13 14 28
NOTE: Three points for win, one point for tie.
Saturday’s Games
Charlotte FC 2, New York 0
San Jose 0, Nashville 0, tie
Sunday’s Game
New England 2, Sporting Kansas City 1
Tuesday’s Game
Vancouver at Seattle, 10:30 p.m.
Wednesday’s Game
Orlando City at New England, 7:30 p.m.
Saturday’s Games
Los Angeles FC at Seattle, 3 p.m.
Portland at LA Galaxy, 5 p.m.
Toronto FC at New York, 7 p.m.
Charlotte FC at Columbus, 7:30 p.m.
Austin FC at CF Montréal, 7:30 p.m.
Houston at Orlando City, 7:30 p.m.
Cincinnati at Philadelphia, 7:30 p.m.
D.C. United at Chicago, 8 p.m.
Vancouver at FC Dallas, 9 p.m.
San Jose at Real Salt Lake, 9:30 p.m.
Sunday’s Games
Miami at Atlanta, 3 p.m.
Colorado at New York City FC, 5 p.m.
Sporting Kansas City at Nashville, 6 p.m.
Minnesota at New England, 8 p.m.
2022 World Cup Qualifying
EUROPE
Qualified: Belgium, Croatia, Denmark, Eng-
land, France, Germany, Netherlands, Poland,
Portugal, Serbia, Spain, Switzerland, Wales
PLAYOFF
Winners qualify
Thursday, March 24
At Cardiff, Wales
Wales 2, Austria 1
Wednesday, June 1
At Glasgow, Scotland
Ukraine 3, Scotland 1
Sunday, June 5
At Cardiff, Wales
Wales 1, Ukraine 0, Wales qualified
ASIA
Qualified: Australia, Iran, Japan, Saudi Arabia,
South Korea
FOURTH ROUND
Winner advances to playoff
vs. South America fifth place
Tuesday, June 7
At Al Rayyan, Qatar
Australia 2, United Arab Emirates 1
SOUTH AMERICA-ASIA
PLAYOFF
Winner qualifies
Monday’s Game
At Al Rayyan, Qatar
Peru 0, Australia 0, Australia won 5-4 on pen-
alty kicks, Australia qualified
NORTH AND CENTRAL
AMERICA AND CARIBBEAN
Qualified: Canada, Mexico, United States
CONCACAF-OCEANIA
PLAYOFF
Winner qualifies
Tuesday’s Game
At Al Rayyan, Qatar
Costa Rica vs. New Zealand, 2 p.m.
U.S. Men’s Schedule
(Won 5, Lost 2, Tied 2)
q-Jan. 27 — United States 1, El Salvador 0
q-Jan. 30 — Canada 2, United States 0
q-Feb. 2 — United States 3, Honduras 0
q-March 24 — Mexico 0, United States 0
q-March 27 — United States 5, Panama 1
q-March 30 — Costa Rica 2, United States 0
June 1 — United States 3, Morocco 0
June 5 — United States 0, Uruguay 0
a-June 10 — United States 5, Grenada 0
a-Tuesday — vs. El Salvador at San Salvador,
10 p.m.
Sept. 23 — exhibition TBA
Sept. 27 — exhibition TBA
w-Nov. 21 — vs. Wales at Al Rayyan, 2 p.m.
w-Nov. 25 — vs. England at Al Khor, 2 p.m.
w-Nov. 29 — vs. Iran at Doha, Qatar, 2 p.m.
q-World Cup qualifier
a-CONCACAF Nations League
w-World Cup
NWSL
W L T Pts GF GA
San Diego Wave 4 2 3 15 13 8
Chicago 4 1 3 15 12 8
Portland 3 1 4 13 15 7
Angel City FC 4 3 1 13 7 8
Houston 3 2 3 12 11 7
OL Reign 2 2 4 10 6 6
Gotham FC 3 3 0 9 5 6
Washington 1 3 5 8 8 10
Louisville 2 4 2 8 8 12
Kansas City 2 4 2 8 6 11
Orlando 2 4 2 8 9 18
North Carolina 2 3 1 7 9 8
Saturday’s Games
North Carolina 3, Washington 2
Angel City FC 3, Louisville 2
Kansas City 1, Gotham FC 0
Sunday’s Games
OL Reign 1, San Diego Wave FC 1, tie
Chicago 1, Orlando 0
Portland 4, Houston 0
Friday’s Game
Louisville at Washington, 7:30 p.m.
Saturday’s Games
Chicago at Kansas City, 8:30 p.m.
Angel City FC at OL Reign, 10 p.m.
Sunday’s Games
Orlando at Portland, 3 p.m.
San Diego Wave FC at Gotham FC, 4 p.m.
Houston at North Carolina, 5 p.m.
FOOTBALL
USFL Football League
All games in Birmingham, Ala.
North
W L Pct PF PA
x-New Jersey 8 1 .889 206 159
x-Philadelphia 6 3 .667 239 217
Michigan 1 8 .111 178 215
Pittsburgh 1 8 .111 126 210
South
W L Pct PF PA
x-Birmingham 8 1 .889 213 151
x-New Orleans 6 3 .667 193 144
Tampa Bay 4 5 .444 144 174
Houston 2 7 .222 176 205
x-clinched playoff spot
Saturday’s Games
New Jersey 25 Michigan 23
Houston 17, Birmingham 15
Sunday’s Games
New Orleans 17, Tampa Bay 6
Philadelphia 17 Pittsburgh 16
Saturday’s Games
Philadelphia vs. New Jersey, Noon
Birmingham vs. Tampa Bay, 4 p.m.
Sunday’s Games
Michigan vs. Pittsburgh, Noon
New Orleans vs. Houston, 8:30 p.m.
COLLEGE BASEBALL
Division I Super Regionals
Best of 3
Host school is Game 1 home
team; visiting school is Game
2 home team; coin flip deter-
mines Game 3 home team
At Lindsey Nelson Stadium
Knoxville, Tenn.
Friday: Notre Dame 8, Tennessee 6
Saturday: Tennessee 12, Notre Dame 4
Sunday: Notre Dame 7, Tennessee 3, Notre
Dame advances
At Clark-LeClair Stadium
Greenville, N.C.
Friday: East Carolina 13, Texas 7
Saturday: Texas 9, East Carolina 8
Sunday: Texas 11, East Carolina 1, Texas ad-
vances
At Olsen Field at Blue Bell
Park, College Station, Texas
Friday: Texas A&M 5, Louisville 4
Saturday: Texas A&M 4, Louisville 3, Texas
A&M advances
English Field, Blacksburg, Va.
Friday: Oklahoma 5, Virginia Tech 4
Saturday: Virginia Tech 14, Oklahoma 8
Sunday: Oklahoma 11, Virginia Tech 2, Oklaho-
ma advances
At Klein Field at Sunken
Diamond, Stanford, Calif.
Saturday: UConn 13, Stanford 2
Sunday: Stanford 8, UConn 2
Monday: Stanford 10, UConn 5, Stanford ad-
vances
At Boshamer Stadium
Chapel Hill, N.C.
Saturday: Arkansas 4, North Carolina 1
Sunday: Arkansas 4, North Carolina 3, Arkan-
sas advances
At Pete Taylor Park
Hattiesburg, Miss.
Saturday: Mississippi 10, Southern Miss 0
Sunday: Mississippi 5, Southern Miss 0, Mis-
sissippi advances
At Goss Stadium at Coleman
Field, Corvallis, Ore.
Saturday: Auburn 7, Oregon St. 5
Sunday: Oregon St. 4, Auburn 3
Monday: Auburn vs. Oregon St.
AUTO RACING
NASCAR Cup Series
Toyota / Save Mart 350
Sunday
Sonoma Raceway
Sonoma, Calif.
Lap length: 1.99 miles
(Start position in parentheses)
1. (8) Daniel Suárez, Chevrolet, 110 laps, 47
points.
2. (3) Chris Buescher, Ford, 110, 43.
3. (4) Michael McDowell, Ford, 110, 37.
4. (23) Kevin Harvick, Ford, 110, 39.
5. (25) Austin Cindric, Ford, 110, 32.
6. (14) Ryan Blaney, Ford, 110, 32.
7. (7) Ross Chastain, Chevrolet, 110, 30.
8. (2) Chase Elliott, Chevrolet, 110, 29.
9. (20) William Byron, Chevrolet, 110, 28.
10. (22) Brad Keselowski, Ford, 110, 28.
11. (13) Austin Dillon, Chevrolet, 110, 26.
12. (18) Justin Haley, Chevrolet, 110, 32.
13. (15) Chase Briscoe, Ford, 110, 24.
14. (21) Aric Almirola, Ford, 110, 38.
15. (1) Kyle Larson, Chevrolet, 110, 32.
16. (19) Alex Bowman, Chevrolet, 110, 21.
17. (9) Joey Logano, Ford, 110, 39.
18. (11) Kurt Busch, Toyota, 110, 22.
19. (16) AJ Allmendinger, Chevrolet, 110, 0.
20. (17) Joey Hand, Ford, 110, 17.
21. (6) Cole Custer, Ford, 110, 16.
22. (33) Erik Jones, Chevrolet, 110, 15.
23. (34) Ty Dillon, Chevrolet, 110, 14.
24. (24) Todd Gilliland, Ford, 110, 18.
25. (32) Ricky Stenhouse Jr, Chevrolet, 110, 16.
26. (28) Martin Truex Jr, Toyota, 110, 11.
27. (31) Christopher Bell, Toyota, 110, 10.
28. (26) Harrison Burton, Ford, 110, 18.
29. (29) Josh Bilicki, Chevrolet, 110, 0.
30. (12) Kyle Busch, Toyota, 110, 15.
31. (10) Denny Hamlin, Toyota, 110, 6.
32. (36) Cody Ware, Ford, 109, 6.
33. (35) Scott Heckert, Ford, 109, 0.
34. (30) Corey Lajoie, Chevrolet, 101, 3.
35. (5) Tyler Reddick, Chevrolet, 97, 2.
36. (27) Bubba Wallace, Toyota, engine, 9, 1.
IndyCar Sonsio Grand Prix
at Road America
Sunday
Road America, Plymouth, Wis.
Lap length: 4.014 miles
(Start position in parentheses)
1. (2) Josef Newgarden, Chevrolet, 55 laps,
Running.
2. (4) Marcus Ericsson, Honda, 55, Running.
3. (1) Alexander Rossi, Honda, 55, Running.
4. (6) Romain Grosjean, Honda, 55, Running.
5. (11) Colton Herta, Honda, 55, Running.
6. (7) F. Rosenqvist, Chevrolet, 55, Running.
7. (8) S. McLaughlin, Chevrolet, 55, Running.
8. (22) Graham Rahal, Honda, 55, Running.
9. (9) Scott Dixon, Honda, 55, Running.
10. (13) C. Lundgaard, Honda, 55, Running.
11. (12) Callum Ilott, Chevrolet, 55, Running.
12. (10) Simon Pagenaud, Honda, 55, Running.
13. (20) Jack Harvey, Honda, 55, Running.
14. (18) Conor Daly, Chevrolet, 55, Running.
15. (19) Takuma Sato, Honda, 55, Running.
16. (14) David Malukas, Honda, 55, Running.
17. (17) Rinus VeeKay, Chevrolet, 55, Running.
18. (21) D. DeFrancesco, Honda, 55, Running.
19. (15) Will Power, Chevrolet, 55, Running.
20. (24) K. Kirkwood, Chevrolet, 55, Running.
21. (27) , Chevrolet, 55, Running.
22. (16) H. Castroneves, Honda, 55, Running.
23. (23) D. Kellett, Chevrolet, 55, Running.
24. (26) Jimmie Johnson, Honda, 54, Running.
25. (25) T. Calderon, Chevrolet, 54, Running.
26. (5) Pato O’Ward, Chevrolet, 46, DNF.
27. (3) Alex Palou, Honda, 36, DNF.
COLLEGE SOFTBALL
USA TODAY/NFCA Coaches
Poll
Pts W-L Prv
1 Oklahoma (31) 800 59-3 1
2 Texas 766 47-22-1 16
3 UCLA 725 51-10 5
4 Oklahoma State 716 48-14 6
5 Florida 657 49-19 12
6 Northwestern 625 45-13 10
7 Arizona 591 39-22 NR
8 Oregon State 552 39-22 NR
9 Arkansas 535 48-11 4
10 Virginia Tech 517 46-10 3
11 Arizona State 482 43-11 8
12 Duke 424 44-11 9
13 Florida State 390 54-7 2
14 UCF 362 46-12 18
15 Washington 314 38-17 11
16 Clemson 306 42-17 14
17 Alabama 275 44-13 7
18 Stanford 264 39-22 NR
19 Mississippi State 250 37-27 NR
20 Tennessee 215 41-18 13
21 Kentucky 200 37-19 15
22 Georgia 130 40-16 19
23 Missouri 104 35-20 20
24 Auburn 67 40-17 17
25 Oregon 52 33-19 23
Dropped out: No. 21 Notre Dame, No. 22 LSU,
No. 24 Michigan, No. 25 Nebraska
Others receiving votes: Michigan (24), Notre
Dame (14), Nebraska (12), LSU (11), Louisiana
(9), San Diego State (7), Ole Miss (4).
The 2022 USA Today / NFCA Division I Top 25
Coaches Poll is voted on by 32 NCAA Division I
head coaches with one representing each of
the NCAA’s Division I Conferences. Records
reflect games played through June 9, 2022.
DEALS
BASEBALL
Major League Baseball
American League
BALTIMORE ORIOLES — Selected the contract
of RHP Rico Garcia and OF Kyle Stowers from
Norfolk (IL). Placed LHP Keegan Akin and OF
Anthony Santander on the restricted list.
Cleared INF Chris Owings from waivers then
released.
CHICAGO WHITE SOX — Reinstated RHP Lance
Lynn from the 60-day IL. Placed C Yasmani
Grandal on the 10-day IL, retroactive to June
12. Placed RHP Ryan Burr on unconditional
waivers for the purpose of granting his re-
lease.
MINNESOTA TWINS — Optioned RHP Cole
Sands to St. Paul (IL). Selected the contract of
INF Elliot Soto from St. Paul.
TEXAS RANGERS — Recalled OF Leody Taveras
from Round Rock (PCL). Placed OF Eli White
on the 10-day IL.
National League
CHICAGO CUBS — Selected the contract of
LHP Eric Stout from Iowa (IL). Designated LHP
Sean Newcomb for assignment.
PITTSBURGH PIRATES — Recalled INF Hoy Park
and OF Canaan Smith-Njigba from Indianapo-
lis (IL). Optioned OF Travis Swaggerty and
LHP Aaron Fletcher to Indianapolis.
FOOTBALL
National Football League
BALTIMORE RAVENS — Signed P Jordan Stout.
BUFFALO BILLS — Signed OL Greg Van Roten
to a one-year contract.
GREEN BAY PACKERS — Signed WR Allen La-
zard to his restricted free agent tender.
MINNESOTA VIKINGS — Signed OLB Andre
Mintze.
NEW ENGLAND PATRIOTS — Signed WR Jakobi
Meyers to his restricted free agent tender.
WASHINGTON COMMANDERS — Waived DB
Will Adams and K Brian Johnson.
SOCCER
Major League Soccer
LOS ANGELES FC — Signed D Giorgia Chiellini
through 2023 to an international roster slot
using targeted allocation money (TAM) pend-
ing receipt of his P1-visa and international
transfer certificate (ITC).
NEW YORK FC — Announced HC Ronny Deila
departed and joined Standard Liege (Belgian
League) as head coach. Named Nick Cushing
interim head coach.
COLLEGE
RICE — Named Brandon Schoeneck men’s bas-
ketball strength and conditioning coach.
WISCONSIN — Named Joe Krabbenhoft men’s
basketball head coach.
NHL
Stanley Cup Playoff
FINALS
(Best-of-7; x-if necessary)
Colorado vs. Tampa Bay
Wednesday: Tampa Bay at Colorado, 8 p.m.
Saturday: Tampa Bay at Colorado, 8 p.m.
June 20: Colorado at Tampa Bay, 8 p.m.
June 22: Colorado at Tampa Bay, 8 p.m.
x-June 24: Tampa Bay at Colorado, TBA
x-June 26: Colorado at Tampa Bay, TBA
x-June 28: Tampa Bay at Colorado, TBA
FOR THE RECORD ODDS PROVIDED BY
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does not offer lines for New Jersey-based college
sports teams. Gannett may earn revenue from
audience referrals to betting services. Newsrooms
are independent of any such relationships and
there is no influence on news coverage. Terms and
conditions apply, see site for details. 21+ only.
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a short drive of the resort: Phillipsburg, Butte, Deer
Lodge, Anaconda, Missoula, and Helena, Montana.
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Celebrate 2022 at Boulder Creek Lodge Montana
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BROOKLINE, Mass. – On a chilly,
overcast New England day, the lead at
the 122nd U.S. Open went back and
forth throughout the afternoon.
Matt Fitzpatrick, Will Zalatoris and
Scottie Scheffler all reached 6 under
during their rounds at The Country Club
on Sunday, but only one of them, the En-
glishman who won the 2013 U.S. Ama-
teur at this course, was able to finish
there.
Fitzpatrick becomes the third golfer
to win a U.S. Amateur and U.S. Open on
the same course, joining Jack Nicklaus
at Pebble Beach and Juli Inkster at Prai-
rie Dunes.
Here are five things we learned on
Sunday at The Country Club.
Fitzpatrick did it the hard way
Last year, Jon Rahm, one of the most
powerful players in golf, won the U.S.
Open at Torrey Pines. The year before
that, it was Bryson DeChambeau, one of
the biggest hitters on the PGA Tour (or
LIV Series starting in a few weeks). The
year before that, Gary Woodland, an-
other power player, won the U.S. Open
at Pebble Beach.
Matt Fitzpatrick has always been an
outstanding putter and possessed a sol-
id short game but recently has gotten
longer off the tee.
“(My coach and biomechanist Sasho
Mackenzie) gave me this speed stick
called The Stack. I’ve been doing that
religiously week in and week out,” Fitz-
patrick said Sunday evening. “It’s like
going to the gym basically. It’s like a
training program. I’ll be honest, it’s
worked wonders.
“I feel like maybe three years ago if I
was in this position, four years ago, and I
was playing with Will in the final group,
I’d be concerned that I’m going to be 15,
20 behind him. And I felt comfortable all
day that I was going to be past him,
which to me gives me confidence obvi-
ously going into the next shot knowing
that you’ve got less club.”
During the 2018-19 PGA Tour season,
Fitzpatrick ranked 151st in driving dis-
tance on Tour (287.9 yards per drive),
but this season he is up to 298 yards.
That’s still 108th, but he ranks 40th in
driving accuracy, so while he’s 11 yards
longer, he still hits about 65% of the fair-
ways.
On demanding golf courses like
Southern Hills last month during the
PGA Championship and this past week
at The Country Club, which featured
thick rough and fescue along the fair-
ways, he ranked fifth in driving accura-
cy and was 36th in driving average at
309 yards.
Fitzpatrick is also legendary on tour
for his work ethic. He has tracked every
shot he has hit in competition and prac-
tice rounds for the last 12 years. If he
continues to put in the work, more vic-
tories could be on the way.
Zalatoris has the pieces but hasn’t
put them together – yet
It was an odd day for Will Zalatoris
because his putter made up for short-
comings off the tee and from the fair-
way. Typically, that’s not the case.
Zalatoris hit just seven of 14 fairways
on Sunday, contributing to only 11 of 18
greens in regulation. He came into the
U.S. Open ranked No. 1 in strokes gained
off the tee. It’s tough to win a tourna-
ment, especially a major championship,
if the foundation of your game doesn’t
show up on Sunday.
“Considering where I drove it today,
the fact I was even under par was obvi-
ously pretty nice,” Zalatoris said after
signing for his 69. “I thought I made a lot
of nice putts just to keep myself in it.
Stealing one on 9, saving par on 13. I
really felt great with the putter all week,
and I hit a great putt on 18. It just hap-
pened to hang out there.”
This is now three close calls in major
championships for Zalatoris. He was the
runner-up at the 2021 Masters, lost in a
playoff last month at the PGA Champi-
onship and tied for second at the U.S.
Open. He has the prototypical modern
game but must put the pieces together
for four rounds if he wants to win. He’s
160th on the PGA Tour in strokes gained
putting (0.227). If he can improve that
and just become a tour-average putter,
so his putting doesn’t cancel out his ex-
cellent iron play, he will have a long and
successful career.
LIV Golf Series may not be
good preparation for majors
At the start of the U.S. Open, there
were 14 golfers who either played in the
first LIV Series event in London or who
announced they are going to play LIV
Series events in the future, but none of
them were in real contention by Sunday,
and most of them missed the cut. Dustin
Johnson, the 2016 U.S. Open winner,
was the “Low LIV” at 2 over through 54
holes, and he finished Sunday at 4 over
(T-24).
The PGA Tour has suspended its
members who played in the LIV Series
event in London, and golfers who play at
the end of June in the next LIV Series
event will also assuredly get indefinitely
suspended by Jay Monahan, which will
dramatically reduce playing opportuni-
ties in big events and against elite fields.
Remember, LIV Series events are 54
holes, and there is no cut, so while they
are lucrative, they may not be the best
place for a golfer to get sharp before a
major championship. The tough ques-
tions about being involved with Saudi
Arabia will also surely be a distraction
for LIV Series players in majors to come.
USGA really doesn’t want a repeat
of Shinnecock or Olympic
The Country Club proved to be an ex-
cellent venue for the United States Golf
Association, and thanks to the wind and
cool temperatures provided by Mother
Nature, the course was as challenging to
play as it was beautiful to see.
After Friday’s round, some golf lovers
were concerned that 23 golfers were un-
der par. For them, carnage and struggle
are what the U.S. Open is all about, but
it’s now clear that if the USGA is going to
make a mistake when setting up
courses, it will err on the conservative
side. The fairways were narrow, the
greens were fast and the rough was
thick and lush, but the classic venue
never felt tricked out or over the top.
On Wednesday, USGA CEO Mike
Wahn talked with the media about an-
chor sites for USGA national champion-
ships, with Pinehurst, Oakmont and
Pebble Beach already locked in for nu-
merous events well into the 2040s.
The Country Club should be added to
that list. Now.
No one should ever quit
at a U.S. Open
It’s cliché, but you can win if you
make the cut at the U.S. Open. And if
you don’t win, you can still make a big
move.
Hideki Matsuyama and Collin Mori-
kawa did not win this week, but they
shot the day’s low rounds on Sunday, a
65 and a 66, respectively, and raced up
the leaderboard. Both started the day at
2 over par, six shots off the lead, and
Matsuyama finished in solo fourth. Mo-
rikawa finished in a tie for fifth.
It would be easy to feel dejected on a
difficult course like The Country Club, as
we saw when Grayson Murray threw his
putter and then snapped an iron over his
knee, but moves can be made. It felt like
the crowd in Boston was trying to will
McIlroy up the leaderboard, and while
he fell short of winning his second U.S.
Open, he finished tied for fifth with Mo-
rikawa.
Next year, when you are filling out
your U.S. Open pool, remember to pick
grinders.
US OPEN 5 THINGS WE LEARNED FROM SUNDAY
Fitzpatrick’s work ethic pays off
David Dusek
Golfweek | USA TODAY Network
With his victory in the U.S. Open, Englishman Matt Fitzpatrick has risen from No. 18 to No. 10 in the Official World Golf Ranking. PETER CASEY/USA TODAY SPORTS and more a concern with rules.”
Until the technical kinks are
smoothed out and stakeholders agree
the time has come for automation, MLB
will be wedded to its “blues.” That in-
cludes the Cuba-born Hernandez, who
unsuccessfully sued MLB for discrimi-
nation, claiming he was denied crew
chief and postseason assignments
based on his race and not performance.
In 2023, Hernandez will mark his
30th anniversary as an MLB umpire
To the players?
Mention his name in private and the
reaction is largely ambivalent. “ Just an-
other guy,” says one pitcher. “If he’s
working a game in Seattle and I’m here,
I’m not thinking about him,” offers an-
other.
A hitter opts to cut the conversation
short rather than opine. “The game’s
hard,” says one player, letting his forth-
coming silence tell plenty about his feel-
ings for Hernandez. “We’ll leave it at
that.”
Factoring temporary call-ups and
other substitutes, players will deal with
roughly 100 umps behind the plate. The
greater enemy, always, is the grind, and
within that the hope that over six
months and up to 700 plate appear-
ances, the good and bad calls will be a
wash come October.
“If your team is winning and you’re
playing well, it’s like all right, whatever,
they’ll even out,” says Rockies third
baseman Ryan McMahon. “ And if it’s
going bad, it’s like ah, you’re getting
screwed all the time. But they do even
out more than people realize.”
“In sports, human error needs to be a
thing,” says Bassitt. “I think that’s what
makes the sports in general beautiful is
that there is human error, not just from
the athletes but the people umpiring
and officiating, managers calling the
game, general managers ... everybody
makes mistakes.
“We’re all human. We’re all trying to
do our best. And I think that’s the beau-
ty in it all.”
Umpires
Continued from Page 8C
ATTACHMENT A
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ATTACHMENT A
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5 (Rev. 9.30.22)
EXHIBIT B
Insurance Requirements for Professional Services
(Project Management, Design Services, and Installation)
Consultant 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 by the Consultant, its agents, representatives, or employees.
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: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance 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.
(Not required if consultant provides written verification it has no employees)
4. Professional Liability/Errors and Omissions Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following 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
ATTACHMENT A
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6 (Rev. 9.30.22)
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
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
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.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. 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 retention may be satisfied by either the named
ATTACHMENT A
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7 (Rev. 9.30.22)
insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
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 and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton 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. 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.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
ATTACHMENT A
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8 (Rev. 9.30.22)
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
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
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT A
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9 (Rev. 9.30.22)
EXHIBIT C
QUOTE FOLLOWS
ATTACHMENT A
339
Stockton County Library - Manteca Branch - Phase 3 -
Project ID: D3060071
OMNIA
02/02/2024
04/01/2024
CONTRACT:
QUOTE ISSUE DATE:
QUOTE EXPIRATION DATE:
4810 Forest Run Road
Madison WI 53708-8548
fax 800.730.8094
QUOTE ID: T4033016
QUOTE VERSION/TYPE: Version 06
SALES REP: PROJECT COORDINATOR:FOR:
Jenni Fontanilla
Email:
Phone:
jennifer.
2099378306
Email:
Phone:
Steve Scicchitano
Fax:
[email protected]
800-858-2720
855-356-8138
[email protected]:
608-415-4822
Fax:
Phone:
Steve Wiesen
800.730.8094
ROOM: 1 ROOM Sub Total: $185,043.97
Tag
Product #Line # Discount %Quantity
Discount
Unit PriceUnit Price
Extended
Price
1.00 13821690 1 $935.99 20% $748.79 $748.79A1
Options:
Color Blue
Description: Feeling Fun Carpet 13'2" x 10'9" Oval
2.00 13765360 6 $129.99 16% $109.19 $655.15C1
Options:
Color Blue
Frame color Chrome
Description: Hierarchy Chair Leg Base 16"H Seat 31-3/4x18-1/2x20-1/4
3.00 13765360 12 $129.99 16% $109.19 $1,310.30C2
Options:
Color Green
Frame color Chrome
Description: Hierarchy Chair Leg Base 16"H Seat 31-3/4x18-1/2x20-1/4