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CAG2022-192 - Other - CDW Government, Inc. - CDW-G EAOA 018A / KCDA - 02/28/2018
ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 200821 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached This cooperative purchasing agreement was authorized by Council for procurement of technology supplies, materials, equipment, and software by the IT Department. Authorization included prior purchases. CDW-G - AEPA 018A / KCDA Council Motion (Unanimous Consent on 11/16/21) DATE: November 16, 2021 TO: Kent City Council SUBJECT: Cooperative Agreement with CDW-G for Computer Laptops, Monitors and Associated Accessories - Authorize purchase technology supplies, materials, equipment, and software through cooperative purchasing agreement #AEPA-018A, between CDW the Association of Educational Purchasing Agencies, if those purchases are within established budgets and made during the term of the cooperative agreement, which is currently in effect through February 28, 2022, and ratify all prior purchases under that cooperative agreement and consistent with this motion. SUMMARY: The Association of Educational Purchasing Agencies (AEPA) is a purchasing cooperative through which 26 states have joined to cooperatively bid and purchase supplies, materials, and equipment. AEPA designates one member agency per state which then represents that state in communications with AEPA. the State of Washington. KCDA then determines for Washington which public entities can utilize the competitively bid contracts that AEPA procures. The City of Kent entered into a contract with KCDA several years ago that allows the City to purchase through those cooperative purchasing agreements that KCDA and AEPA enter into with successful bidders. The current contract for which IT seeks purchasing approval is a contract with CDW Government, LLC, a leading multi- brand supplier of information technology solutions to government, education, and healthcare customers. This agreement has been reviewed by the Law Department, which has advised IT that no other contracting document is necessary for the City to receive the benefit of the terms and conditions of the cooperative agreement for purchases placed through it. IT requests Council authorize the purchase of technology products and equipment through the cooperative agreement CDW Government, LLC has with KCDA in order to provide City employees with upgraded and compatible computer laptops, monitors and associated accessories for City workstations. Updates in computer technology require us to periodically refresh our workstation equipment for compatibility, security, and durability. IT needs to purchase laptops, monitors and accessories to upgrade and refresh its supply for City use as equipment within many workstations is old and frequently breaks. Currently, the City has a need to purchase an additional 200 computer monitors, at a cost of $61,656.00, and IT staff requests Council authorize staff to utilize this cooperative purchasing agreement for this current purchase, as well as future purchases that may be needed if those purchases are made during the term of the cooperative agreement and within existing budgets previously established and approved by Council. Seeking Council approval now will allow staff the needed flexibility to utilize this contract for future purchases as they become necessary. made under this cooperative agreement, but prior to staff seeking Council approval of the terms of this cooperative purchase agreement as required by KCC 3.70.240(A). Staff therefore asks that Council ratify those prior purchases, totaling $776,132.16, and made between March 2018 and June 2021. All purchases were made within established budgets. BUDGET IMPACT: This current purchase need is being funded by Hardware Lifecycle project account T00020 at a cost of approximately $61,656.00. Prior account T00020 or withing established department budgets. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Exhibits to CDW-G-AEPA (PDF) 11/02/21 Operations and Public Safety Committee MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS] Next: 11/16/2021 7:00 PM MOVER: Les Thomas, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud, Thomas CDW-G - AEPA 018A / KCDA Summary of Prior Purchases Invoice Date Order Number Invoice Number Item Number Manufacturer Name Manufacturer Part #Item Description Qty Unit Price Total Amount Sales Tax by Item Total with Tax Customer Order Ref (P.O.) 09/18/2020 1C2ST5C 1565592 4249640 Getac (GTC) GMPSX9 GETAC 3.5MM HARD POINT STYLUS PEN (4249640) 2 $32.38 $64.76 $6.48 $71.24 SR102618 09/21/2020 1C2W7GG 1657685 5554223 HP Inc Smart Buy Display (HP4) 5QG35A8#ABA HP SB P244 MONITOR U.S. 23.8" (5554223) 10 $143.79 $1,437.90 $143.79 $1,581.69 STOCK 09/24/2020 LQSD719 1862793 3688607 ProLine (PC5) GLC-LX-SM-RGD-PRO PROLINE CISCO GLC-LX-SM-RGD TRNSCVR (3688607) 135 $60.00 $8,100.00 $810.00 $8,910.00 160354 OP 09/28/2020 LQVK036 2050410 3269878 ProLine (PC5)GLC-SX-MM-PRO PROLINE 1000BSX SFP F/CISCO (3269878)5 $65.00 $325.00 $32.50 $357.50 160355 0P 09/28/2020 LQVK036 2050410 3269880 ProLine (PC5)GLC-LH-SM-PRO PROLINE 1000BASE-LH SFP F/CISCO (3269880)4 $85.00 $340.00 $34.00 $374.00 160355 0P 09/28/2020 LQVK036 2050410 3269891 ProLine (PC5)GLC-LH-SM-PRO-10PK PROLINE GLC-LH-SM-PRO 10PACK F/CISCO (3269891)1 $750.00 $750.00 $75.00 $825.00 160355 0P 09/28/2020 LQVK036 2050410 4144657 ProLine (PC5)AH-ACC-SFP-10G-LR-PRO PROLINE 10GB ENET SFP+ MOD LR XCVR (4144657)53 $350.00 $18,550.00 $1,855.00 $20,405.00 160355 0P 10/06/2020 1C30JKB 2418912 4888896 Asus Displays (ASD) VP28UQG ASUS VP28UQG 28IN 4K UHD LED MON (4888896) 10 $253.15 $2,531.50 $253.15 $2,784.65 STOCK 11/06/2020 1C38YPN 3851761 5554223 HP Inc Smart Buy Display (HP4) 5QG35A8#ABA HP SB P244 MONITOR U.S. 23.8" (5554223) 15 $151.12 $2,266.80 $226.68 $2,493.48 STOCK 12/07/2020 1C3J9YN 5101754 6080326 Microsoft Surface (MS2) 1GK-00001 MS SURFACE DOCK 2 (6080326) 10 $210.50 $2,105.00 $210.50 $2,315.50 1C3J9YN 01/06/2021 1C0P1YY 6269418 5522532 Getac (GTC) GAD2X8 GETAC 120W 11-16V 22-32V DC ADAPT (5522532) -7 $100.00 -$700.00 ($70.00) ($770.00) RMA 010027910 A 156678 01/06/2021 LDLS884 6269928 5522532 Getac (GTC) GAD2X8 GETAC 120W 11-16V 22-32V DC ADAPT (5522532) -14 $100.00 -$1,400.00 ($140.00) ($1,540.00) RMA 010035364 A PO#156678 02/10/2021 1C41W85 7879161 6161711 Samsung Desktop Display (SAM) F24T452FQN SAMSUNG 24IN 16:9 IPS PNL (6161711) 5 $144.74 $723.70 $73.09 $796.79 1C41W85 03/30/2021 MBCS634 B102819 5066186 HP Inc Smart Buy Display (HP4) 2TB68A8#ABA HP SB PROMO Z27 27" 4K UHD DISPLAY (5066186) 20 $542.89 $10,857.80 $1,096.64 $11,954.44 162939 OP 05/15/2021 1C4WY7K D230995 5504510 Citizen America Corporati (CIT) CT-S651IIS3RSUBKP CITIZEN THERMAL POS CT-S600 TYPE II (5504510) 1 $239.40 $239.40 $24.18 $263.58 SR106800 05/26/2021 1C4Y4CB D760035 4705111 ViewSonic (VIE) VA2719-2K-SMHD VIEWSONIC 27IN WQHD LED MON HDMI (4705111) 1 $279.84 $279.84 $28.26 $308.10 IT TEST 06/01/2021 1C4Y4CB D957441 5376276 ViewSonic (VIE) VG2455-2K VIEWSONIC 24IN QUAD HD LED MON (5376276) 1 $289.49 $289.49 $29.24 $318.73 IT TEST 06/02/2021 1C524SZ D996955 4587147 Samsung Desktop Display (SAM) S24H850QFN SAM SH850 24IN QHD PLS HDMI DP USB-C (4587147) 10 $265.37 $2,653.70 $268.02 $2,921.72 1C524SZ 06/03/2021 1C4Y4CB F053704 5376276 ViewSonic (VIE) VG2455-2K VIEWSONIC 24IN QUAD HD LED MON (5376276) 1 $289.49 $289.49 $29.24 $318.73 IT TEST 06/16/2021 1C4WY7K F684186 5504510 Citizen America Corporati (CIT) CT-S651IIS3RSUBKP CITIZEN THERMAL POS CT-S600 TYPE II (5504510) -1 $239.40 -$239.40 ($24.18) ($263.58) RMA 010148196 A SR106800 03/02/2018 JPZR058 LWX3539 4469954 NetMotion (N-M) 10NMPS-8HR-S NETMOTION TECH SVCS MOBILE SOLUTIONS (4469954) 1 $2,000.00 $2,000.00 $200.00 $2,200.00 143737 OP 03/02/2018 JQCF162 LXC0943 4242588 BROTHER MOBILE SOLUTIONS (BMS)LBX028 BROTHER VEHICLE MT USED W/ROLL (4242588)11 $90.00 $990.00 $99.00 $1,089.00 143882 OP 03/02/2018 JQCF162 LXC0943 4302939 BROTHER MOBILE SOLUTIONS (BMS)PJ723-VK BROTHER PJ723 300 DPI VEHICLE KIT (4302939)6 $360.00 $2,160.00 $216.00 $2,376.00 143882 OP 03/14/2018 JQCF162 MBM6165 4302939 BROTHER MOBILE SOLUTIONS (BMS) PJ723-VK BROTHER PJ723 300 DPI VEHICLE KIT (4302939) 5 $360.00 $1,800.00 $180.00 $1,980.00 143882 OP 03/28/2018 JRHF668 MFQ3345 4361002 Aruba (ARU) JW174A ARUBA AP-225 3X3:3 802.11AC (4361002) 2 $795.00 $1,590.00 $159.00 $1,749.00 144210 OP 03/29/2018 JRJS533 MGD0794 4253726 Synology (SLY)RKS1317 SYNOLOGY 1U & 2U RAIL KIT SLIDING (4253726)2 $105.00 $210.00 $21.00 $231.00 144452 OP 03/29/2018 JRJS533 MGD0794 4283799 Synology (SLY)RS3617XS+SYNOLOGY NAS RACKSTATION RS3617XS+ (4283799)2 $4,200.00 $8,400.00 $840.00 $9,240.00 144452 OP 03/30/2018 JRJS533 MGK1852 4369469 Seagate Technology (SEA) ST8000NE0021 SEAGATE IRONWOLF 8TB 7.2K SATA 3.5 (4369469) 12 $310.00 $3,720.00 $372.00 $4,092.00 144452 OP 03/31/2018 JRCZ207 MGL4863 4551654 Getac (GTC) FE21CCLA1DXF GETAC F110 G3 I5-6200U 128GB 8GB (4551654) 6 $2,300.00 $13,800.00 $1,380.00 $15,180.00 144422 OP 04/06/2018 1BTWKLD MHN7660 4008293 Gamber Johnson (GMJ) 7160-0794 GAMBER INTERFACE PLATE FOR VESA 75 (4008293) 1 $23.27 $23.27 $2.33 $25.60 1BTWKLD 04/13/2018 1BTWKLG MKF5412 4166496 HAVIS (LAW) TSD-101 HAVIS DEVMT MNTR TOUCH SCREEN (4166496) 1 $769.90 $769.90 $76.99 $846.89 1BTWKLG 05/01/2018 1BV32CS MPB9998 1417809 APG (APG) VPK-8K-435 APG VASARIO 2 KEY SET TYPE 435 (1417809) 1 $10.38 $10.38 $1.04 $11.42 WEB 09/26/2018 KCVN044 PJW6748 4601161 Seagate Technology (SEA) ST8000NE0004 SEAGATE IRONWOLF 8TB 7.2K SATA 3.5 (4601161) 8 $298.30 $2,386.40 $238.64 $2,625.04 148014 OP 11/01/2018 KFNK577 PVQ0482 4067344 Micron (CTN)CT16G4SFD824A CRUCIAL 16GB DDR4 2400 SODIMM 260P (4067344)40 $133.76 $5,350.40 $535.04 $5,885.44 148667 OP 11/01/2018 KFNK577 PVQ0482 5132512 Samsung Enterprise Storag (SM3)MZ-V7E500E SAMSUNG 500GB 970 EVO NVME PCIE (5132512)40 $162.67 $6,506.80 $650.68 $7,157.48 148667 OP 11/13/2018 KCVN212 PZM8512 3780686 Getac (GTC)GDVNG5 GETAC GAMBER VEHICLE DOCK/REPL (3780686)14 $390.00 $5,460.00 $546.00 $6,006.00 148037 OP 11/13/2018 KCVN212 PZM8512 4151437 Getac (GTC)GAD1L1 GETAC LIND 11-16V DC VEHICLE ADAPTER (4151437)14 $100.00 $1,400.00 $140.00 $1,540.00 148037 OP 11/13/2018 KCVN212 PZM8512 5205139 Getac (GTC)FE21CDKA1DXF GETAC F110G3 I5-6200U 256/8 W7 (5205139)14 $2,350.00 $32,900.00 $3,290.00 $36,190.00 148037 OP 11/15/2018 KGFP436 QBG4566 1128080 Topaz Systems (TPZ)T-S460-HSB-R TOPAZ SIGLITE SIG CAPTURE PAD 1X5 (1128080)17 $93.84 $1,595.28 $159.53 $1,754.81 148736 OP 11/15/2018 KGFP436 QBG4566 4067344 Micron (CTN)CT16G4SFD824A CRUCIAL 16GB DDR4 2400 SODIMM 260P (4067344)17 $121.19 $2,060.23 $206.02 $2,266.25 148736 OP 11/15/2018 KGFP436 QBG4566 5132512 Samsung Enterprise Storag (SM3)MZ-V7E500E SAMSUNG 500GB 970 EVO NVME PCIE (5132512)17 $115.79 $1,968.43 $196.84 $2,165.27 148736 OP 11/16/2018 KFNK577 QBM6235 4476113 Intel (INT) BOXNUC7I5BNK INTEL NUC I5-7260U MINI PC KIT (4476113) 40 $353.16 $14,126.40 $1,412.64 $15,539.04 148667 OP 11/18/2018 KGFP436 QBQ3345 4476113 Intel (INT) BOXNUC7I5BNK INTEL NUC I5-7260U MINI PC KIT (4476113) 17 $353.16 $6,003.72 $600.37 $6,604.09 148736 OP 02/08/2019 KKLK889 RBB0488 4477863 ARUBA SERVICES (ARR) H7J34AC HPE 24X7X4 W/O DMR RNW 0-25K (4477863) 1 $10,500.00 $10,500.00 $1,050.00 $11,550.00 150555 OP 02/11/2019 KKNG028 RBS4888 4302939 BROTHER MOBILE SOLUTIONS (BMS) PJ723-VK BROTHER PJ723 300 DPI VEHICLE KIT (4302939) 1 $360.00 $360.00 $36.00 $396.00 150313 OP 02/12/2019 KKNG028 RCC6818 4302939 BROTHER MOBILE SOLUTIONS (BMS) PJ723-VK BROTHER PJ723 300 DPI VEHICLE KIT (4302939) 2 $360.00 $720.00 $72.00 $792.00 150313 OP 02/13/2019 KKNG028 RCL8223 4302939 BROTHER MOBILE SOLUTIONS (BMS) PJ723-VK BROTHER PJ723 300 DPI VEHICLE KIT (4302939) 9 $360.00 $3,240.00 $324.00 $3,564.00 150313 OP 02/14/2019 KKNG028 RCV0981 4151437 Getac (GTC)GAD1L1 GETAC LIND 11-16V DC VEHICLE ADAPTER (4151437)22 $100.00 $2,200.00 $220.00 $2,420.00 150313 OP 02/14/2019 KKNG028 RCV0981 4242588 BROTHER MOBILE SOLUTIONS (BMS)LBX028 BROTHER VEHICLE MT USED W/ROLL (4242588)2 $90.00 $180.00 $18.00 $198.00 150313 OP 02/14/2019 KKNG028 RCV0981 4302939 BROTHER MOBILE SOLUTIONS (BMS)PJ723-VK BROTHER PJ723 300 DPI VEHICLE KIT (4302939)2 $360.00 $720.00 $72.00 $792.00 150313 OP 02/14/2019 KKNG028 RCV0981 5308272 Getac (GTC)OHG160098700 GETAC F110 VEHICLE DOCK&REPLICATION (5308272)22 $390.00 $8,580.00 $858.00 $9,438.00 150313 OP 02/14/2019 KKNG028 RCV0981 5319068 Getac (GTC)FE21ZDKA1DXF GETAC F110G3 I5-6200U 256/8 W10 (5319068)22 $2,350.00 $51,700.00 $5,170.00 $56,870.00 150313 OP 02/15/2019 KKNG028 RDF1097 4242588 BROTHER MOBILE SOLUTIONS (BMS) LBX028 BROTHER VEHICLE MT USED W/ROLL (4242588) 20 $90.00 $1,800.00 $180.00 $1,980.00 150313 OP 02/22/2019 KKNG028 RFR5157 4302939 BROTHER MOBILE SOLUTIONS (BMS) PJ723-VK BROTHER PJ723 300 DPI VEHICLE KIT (4302939) 8 $360.00 $2,880.00 $288.00 $3,168.00 150313 OP 02/27/2019 KLMX116 RHB1407 4067344 Micron (CTN)CT16G4SFD824A CRUCIAL 16GB DDR4 2400 SODIMM 260P (4067344)6 $104.13 $624.78 $62.48 $687.26 150891 OP 02/27/2019 KLMX116 RHB1407 4476113 Intel (INT)BOXNUC7I5BNK INTEL NUC I5-7260U MINI PC KIT (4476113)6 $353.16 $2,118.96 $211.90 $2,330.86 150891 OP 02/27/2019 KLMX116 RHB1407 5132512 Samsung Enterprise Storag (SM3)MZ-V7E500E SAMSUNG 500GB 970 EVO NVME PCIE (5132512)6 $124.79 $748.74 $74.87 $823.61 150891 OP 03/19/2019 1BXXMTQ RNH3859 5241801 TG3 ElectronisS (TG3) KBA-BLT-5RBUVS TG3 82-KEY BACKLIT TOUCHPAD USB (5241801) 8 $217.99 $1,743.92 $174.39 $1,918.31 WHD#62974 03/20/2019 1BY0JRL RNN1842 4067344 Micron (CTN)CT16G4SFD824A CRUCIAL 16GB DDR4 2400 SODIMM 260P (4067344)1 $103.23 $103.23 $10.32 $113.55 WHD#63048 03/20/2019 1BY0JRL RNN1842 5132512 Samsung Enterprise Storag (SM3)MZ-V7E500E SAMSUNG 500GB 970 EVO NVME PCIE (5132512)1 $134.75 $134.75 $13.48 $148.23 WHD#63048 03/20/2019 KMPK092 RNQ3553 4067344 Micron (CTN)CT16G4SFD824A CRUCIAL 16GB DDR4 2400 SODIMM 260P (4067344)40 $103.23 $4,129.20 $412.92 $4,542.12 151227 OP 03/20/2019 KMPK092 RNQ3553 4476113 Intel (INT)BOXNUC7I5BNK INTEL NUC I5-7260U MINI PC KIT (4476113)40 $361.56 $14,462.40 $1,446.24 $15,908.64 151227 OP 03/20/2019 KMPK092 RNQ3553 5132512 Samsung Enterprise Storag (SM3)MZ-V7E500E SAMSUNG 500GB 970 EVO NVME PCIE (5132512)40 $124.79 $4,991.60 $499.16 $5,490.76 151227 OP 03/20/2019 KMPK122 RNR5572 4067344 Micron (CTN)CT16G4SFD824A CRUCIAL 16GB DDR4 2400 SODIMM 260P (4067344)100 $103.23 $10,323.00 $1,032.30 $11,355.30 151269 OP 03/20/2019 KMPK122 RNR5572 4476113 Intel (INT)BOXNUC7I5BNK INTEL NUC I5-7260U MINI PC KIT (4476113)100 $361.56 $36,156.00 $3,615.60 $39,771.60 151269 OP 03/20/2019 KMPK122 RNR5572 5132512 Samsung Enterprise Storag (SM3)MZ-V7E500E SAMSUNG 500GB 970 EVO NVME PCIE (5132512)1 $124.79 $124.79 $12.48 $137.27 151269 OP 03/25/2019 KMPK122 RPR8801 5411451 Samsung Enterprise Storag (SM3) MZ-V7S500B/AM SAMSUNG 970 EVO PLUS 500GB SSD PCIE (5411451) 99 $124.79 $12,354.21 $1,235.42 $13,589.63 151269 OP 04/04/2019 KMPH348 RSP3000 5241801 TG3 ElectronisS (TG3) KBA-BLT-5RBUVS TG3 82-KEY BACKLIT TOUCHPAD USB (5241801) 22 $223.85 $4,924.70 $492.47 $5,417.17 151323 OP 05/20/2019 1BY7NWL SJM0243 5319068 Getac (GTC) FE21ZDKA1DXF GETAC F110G3 I5-6200U 256/8 W10 (5319068) 2 $2,502.77 $5,005.54 $500.55 $5,506.09 PO#151824 06/14/2019 KRNK321 SRP8271 4067344 Micron (CTN)CT16G4SFD824A CRUCIAL 16GB DDR4 2400 SODIMM 260P (4067344)1 $69.12 $69.12 $6.91 $76.03 152745 OP 06/14/2019 KRNK321 SRP8271 4067344 Micron (CTN)CT16G4SFD824A CRUCIAL 16GB DDR4 2400 SODIMM 260P (4067344)4 $69.12 $276.48 $27.65 $304.13 152745 OP 06/14/2019 KRNK321 SRP8271 4067344 Micron (CTN)CT16G4SFD824A CRUCIAL 16GB DDR4 2400 SODIMM 260P (4067344)5 $69.12 $345.60 $34.56 $380.16 152745 OP 06/14/2019 KRNK321 SRP8271 4067344 Micron (CTN)CT16G4SFD824A CRUCIAL 16GB DDR4 2400 SODIMM 260P (4067344)6 $69.12 $414.72 $41.47 $456.19 152745 OP 06/14/2019 KRNK321 SRP8271 4476113 Intel (INT)BOXNUC7I5BNK INTEL NUC I5-7260U MINI PC KIT (4476113)1 $358.62 $358.62 $35.86 $394.48 152745 OP 06/14/2019 KRNK321 SRP8271 4476113 Intel (INT)BOXNUC7I5BNK INTEL NUC I5-7260U MINI PC KIT (4476113)4 $358.62 $1,434.48 $143.45 $1,577.93 152745 OP 06/14/2019 KRNK321 SRP8271 4476113 Intel (INT)BOXNUC7I5BNK INTEL NUC I5-7260U MINI PC KIT (4476113)5 $358.62 $1,793.10 $179.31 $1,972.41 152745 OP 06/14/2019 KRNK321 SRP8271 4476113 Intel (INT)BOXNUC7I5BNK INTEL NUC I5-7260U MINI PC KIT (4476113)6 $358.62 $2,151.72 $215.17 $2,366.89 152745 OP 06/14/2019 KRNK321 SRP8271 5411451 Samsung Enterprise Storag (SM3)MZ-V7S500B/AM SAMSUNG 970 EVO PLUS 500GB SSD PCIE (5411451)1 $124.79 $124.79 $12.48 $137.27 152745 OP 06/14/2019 KRNK321 SRP8271 5411451 Samsung Enterprise Storag (SM3)MZ-V7S500B/AM SAMSUNG 970 EVO PLUS 500GB SSD PCIE (5411451)4 $125.13 $500.52 $50.05 $550.57 152745 OP 06/14/2019 KRNK321 SRP8271 5411451 Samsung Enterprise Storag (SM3)MZ-V7S500B/AM SAMSUNG 970 EVO PLUS 500GB SSD PCIE (5411451)5 $124.79 $623.95 $62.40 $686.35 152745 OP 06/14/2019 KRNK321 SRP8271 5411451 Samsung Enterprise Storag (SM3)MZ-V7S500B/AM SAMSUNG 970 EVO PLUS 500GB SSD PCIE (5411451)6 $124.79 $748.74 $74.87 $823.61 152745 OP 07/03/2019 1BYZPZR SXL3607 4435961 HP Inc Smart Buy Display (HP4) X7R53A8#ABA HP P203 20IN MONITOR (4435961) 2 $105.19 $210.38 $21.04 $231.42 1BYZPZR 07/26/2019 1BZ5NXP TFZ3234 4921324 HP Smart Buy Desktop (HSD) 3FQ51UT#ABA HP SB Z4 G4 2123 512/16 W10P (4921324) 1 $2,185.15 $2,185.15 $218.52 $2,403.67 1BZ5NXP 08/01/2019 1BZ7K37 THS8112 4067344 Micron (CTN) CT16G4SFD824A CRUCIAL 16GB DDR4 2400 SODIMM 260P (4067344) 1 $69.12 $69.12 $6.91 $76.03 WHD#67284 08/01/2019 1BZ7K37 THS8112 4476113 Intel (INT) BOXNUC7I5BNK INTEL NUC I5-7260U MINI PC KIT (4476113) 1 $412.66 $412.66 $41.27 $453.93 WHD#67284 08/01/2019 1BZ7K37 THS8112 5411451 Samsung Enterprise Storag (SM3) MZ-V7S500B/AM SAMSUNG 970 EVO PLUS 500GB SSD PCIE (5411451) 1 $127.05 $127.05 $12.71 $139.76 WHD#67284 09/05/2019 1BZKB53 TTF8843 4921324 HP Smart Buy Desktop (HSD) 3FQ51UT#ABA HP SB Z4 G4 2123 512/16 W10P (4921324) 1 $2,217.58 $2,217.58 $221.76 $2,439.34 WHD#67874 09/10/2019 1BZBP5S TVH9201 5308477 Gamber Johnson (GMJ) 7160-0987-00 GAMBER F110 DOCKING STATION (5308477) 2 $514.13 $1,028.26 $102.83 $1,131.09 67377 09/16/2019 1BZMMBL TXB5813 5298681 Microsoft Surface (MS2) LQR-00001 SURFACE LAPTOP 2 I7 8 256 PLATINUM (5298681) 1 $1,297.95 $1,297.95 $129.80 $1,427.75 WHD#68269 09/27/2019 1BZQJPY VCW2581 5298681 Microsoft Surface (MS2) LQR-00001 SURFACE LAPTOP 2 I7 8 256 PLATINUM (5298681) 1 $1,297.95 $1,297.95 $129.80 $1,427.75 PO#68332 10/29/2019 KZQH031 VNH8497 4067344 Micron (CTN)CT16G4SFD824A CRUCIAL 16GB DDR4 2400 SODIMM 260P (4067344)6 $65.53 $393.18 $39.32 $432.50 155179 OP 10/29/2019 KZQH031 VNH8497 4476113 Intel (INT)BOXNUC7I5BNK INTEL NUC I5-7260U MINI PC KIT (4476113)6 $412.66 $2,475.96 $247.60 $2,723.56 155179 OP 10/29/2019 KZQH031 VNH8497 5411451 Samsung Enterprise Storag (SM3)MZ-V7S500B/AM SAMSUNG 970 EVO PLUS 500GB SSD PCIE (5411451)6 $117.73 $706.38 $70.64 $777.02 155179 OP 10/29/2019 KZQH031 VNH8497 5554223 HP Inc Smart Buy Display (HP4)5QG35A8#ABA HP SB P244 MONITOR U.S. 23.8" (5554223)7 $134.75 $943.25 $94.33 $1,037.58 155179 OP 11/06/2019 1C054F1 VQR5741 4067344 Micron (CTN)CT16G4SFD824A CRUCIAL 16GB DDR4 2400 SODIMM 260P (4067344)4 $61.94 $247.76 $24.78 $272.54 1C054F1 11/06/2019 1C054F1 VQR5741 5411451 Samsung Enterprise Storag (SM3)MZ-V7S500B/AM SAMSUNG 970 EVO PLUS 500GB SSD PCIE (5411451)4 $125.44 $501.76 $50.18 $551.94 1C054F1 12/06/2019 1C054F1 VZT3667 4476113 Intel (INT) BOXNUC7I5BNK INTEL NUC I5-7260U MINI PC KIT (4476113) 4 $415.60 $1,662.40 $166.24 $1,828.64 1C054F1 12/09/2019 1C0BTNL WBJ9921 5522532 Getac (GTC) GAD2X8 GETAC 120W 11-16V 22-32V DC ADAPT (5522532) 1 $100.00 $100.00 $10.00 $110.00 WHD#69976 12/13/2019 LCQK247 WCQ4917 3862762 Microsoft Surface (MS2)PF3-00005 MS SURFACE PRO DOCK (3862762)5 $161.99 $809.95 $81.00 $890.95 156023 OP 12/13/2019 LCQK247 WCQ4917 5302448 Microsoft Surface (MS2)LQP-00001 SURFACE LAPTOP 2 I5 8 256 PLATINUM (5302448)5 $1,152.43 $5,762.15 $576.22 $6,338.37 156023 OP 01/03/2020 1C0M8NJ WHM1201 3862762 Microsoft Surface (MS2)PF3-00005 MS SURFACE PRO DOCK (3862762)1 $161.99 $161.99 $16.20 $178.19 PO#156464 01/03/2020 1C0M8NJ WHM1201 5298688 Microsoft Surface (MS2)JKR-00066 SURFACE LAPTOP 2 I7 16 512 BLACK (5298688)1 $1,749.02 $1,749.02 $174.90 $1,923.92 PO#156464 01/07/2020 1C0MVBS WJC5203 2248034 APC Products (AME) APCRBC124 APC REPLACEMENT BATTERY CARTRIDGE (2248034) 3 $59.83 $179.49 $17.95 $197.44 WHD#70526 01/09/2020 1C0BTNL WJQ6976 5844659 Getac (GTC) FL21ZDJA1DHX GETAC F110G5 I5-8265U 256/8 W10P (5844659) 1 $2,425.00 $2,425.00 $242.50 $2,667.50 WHD#69976 01/09/2020 1C0LWQ7 WJR4556 5308477 Gamber Johnson (GMJ) 7160-0987-00 GAMBER F110 DOCKING STATION (5308477) 7 $514.13 $3,598.91 $359.89 $3,958.80 WHD#69293 01/10/2020 1C0LN32 WJZ7100 5308477 Gamber Johnson (GMJ) 7160-0987-00 GAMBER F110 DOCKING STATION (5308477) 3 $514.13 $1,542.39 $154.24 $1,696.63 WHD#70291 01/30/2020 1C0P1YY WQP9752 5522532 Getac (GTC) GAD2X8 GETAC 120W 11-16V 22-32V DC ADAPT (5522532) 7 $100.00 $700.00 $70.00 $770.00 156678 02/03/2020 1C0ZJQM WRH9325 5788073 Microsoft Surface (MS2) PLA-00022 SURF LAPTOP 3 13IN I7 16 256 BLACK (5788073) 2 $1,556.95 $3,113.90 $311.39 $3,425.29 1C0ZJQM 02/03/2020 1C0SP8T WRK6358 4921324 HP Smart Buy Desktop (HSD) 3FQ51UT#ABA HP SB Z4 G4 2123 512/16 W10P (4921324) 1 $2,169.43 $2,169.43 $216.94 $2,386.37 TS 02/04/2020 1C0ZJJJ WRM8924 5788073 Microsoft Surface (MS2) PLA-00022 SURF LAPTOP 3 13IN I7 16 256 BLACK (5788073) 6 $1,556.95 $9,341.70 $934.17 $10,275.87 PO#157254 02/05/2020 LDLS884 WSD9326 5308272 Getac (GTC) OHG160098700 GETAC F110 VEHICLE DOCK&REPLICATION (5308272) 14 $450.00 $6,300.00 $630.00 $6,930.00 PO#156678 02/11/2020 1C0SP8T WTJ5715 2605821 HP Inc Services (HPU) U1G37E HP 4Y NBD ON WS ONLY HW SUP (2605821) 1 $52.44 $52.44 $5.24 $57.68 TS 02/18/2020 1C141BG WWF9486 3862762 Microsoft Surface (MS2) PF3-00005 MS SURFACE PRO DOCK (3862762) 8 $161.99 $1,295.92 $129.59 $1,425.51 1C141BG 03/03/2020 1C173T1 XCB8198 5788073 Microsoft Surface (MS2) PLA-00022 SURF LAPTOP 3 13IN I7 16 256 BLACK (5788073) 4 $1,364.87 $5,459.48 $545.95 $6,005.43 PO#157689 03/03/2020 1C17NXD XCC6580 5788065 Microsoft Surface (MS2) PKU-00022 SURF LAPTOP 3 13IN I5 8 256 BLACK (5788065) 3 $1,152.43 $3,457.29 $345.73 $3,803.02 SR100342/100095/100556 03/05/2020 1C18LL4 XCZ4650 5411451 Samsung Enterprise Storag (SM3) MZ-V7S500B/AM SAMSUNG 970 EVO PLUS 500GB SSD PCIE (5411451) 5 $115.50 $577.50 $57.75 $635.25 STOCK 03/06/2020 1C18LL4 XDD7498 4067344 Micron (CTN) CT16G4SFD824A CRUCIAL 16GB DDR4 2400 SODIMM 260P (4067344) 8 $62.84 $502.72 $50.27 $552.99 STOCK 03/10/2020 1C1B7Y3 XFD7973 4302939 BROTHER MOBILE SOLUTIONS (BMS) PJ723-VK BROTHER PJ723 300 DPI VEHICLE KIT (4302939) 7 $400.00 $2,800.00 $280.00 $3,080.00 PO#157864 03/11/2020 1C1B7Y3 XFM5248 1940410 Lind Electronics (LND) GE1950-2303 LIND 11-16VDC F/GETAC B300 (1940410) 14 $100.00 $1,400.00 $140.00 $1,540.00 PO#157864 03/20/2020 1C1FL01 XHQ6244 3862762 Microsoft Surface (MS2) PF3-00005 MS SURFACE PRO DOCK (3862762) 50 $160.00 $8,000.00 $800.00 $8,800.00 PO#157878 03/22/2020 1C1FKZZ XHV7515 5411447 Samsung Enterprise Storag (SM3) MZ-V7S250B/AM SAMSUNG SSD MZ-V7S250B AM 970 EVO (5411447) 200 $77.00 $15,400.00 $1,540.00 $16,940.00 PO#157926 03/23/2020 1C1B2NV XJC2971 5241801 TG3 ElectronisS (TG3) KBA-BLT-5RBUVS TG3 82-KEY BACKLIT TOUCHPAD USB (5241801) 21 $219.10 $4,601.10 $460.11 $5,061.21 PO#157845 03/25/2020 1C1B7Y3 XJS4172 4302939 BROTHER MOBILE SOLUTIONS (BMS) PJ723-VK BROTHER PJ723 300 DPI VEHICLE KIT (4302939) 7 $400.00 $2,800.00 $280.00 $3,080.00 PO#157864 03/27/2020 1C1FKZZ XKH7646 6004185 Micron (CTN) CT16G4SFS8266 CRUCIAL 16GB DDR4-2666MHZ SODIMM (6004185) 200 $62.84 $12,568.00 $1,256.80 $13,824.80 PO#157926 03/30/2020 1C0P1YY XKK7476 5308272 Getac (GTC)OHG160098700 GETAC F110 VEHICLE DOCK&REPLICATION (5308272)7 $450.00 $3,150.00 $315.00 $3,465.00 156678 03/30/2020 1C0P1YY XKK7476 5844659 Getac (GTC)FL21ZDJA1DHX GETAC F110G5 I5-8265U 256/8 W10P (5844659)7 $2,425.00 $16,975.00 $1,697.50 $18,672.50 156678 03/30/2020 LDLS884 XKK7481 5522532 Getac (GTC)GAD2X8 GETAC 120W 11-16V 22-32V DC ADAPT (5522532)14 $100.00 $1,400.00 $140.00 $1,540.00 PO#156678 03/30/2020 LDLS884 XKK7481 5844659 Getac (GTC)FL21ZDJA1DHX GETAC F110G5 I5-8265U 256/8 W10P (5844659)14 $2,425.00 $33,950.00 $3,395.00 $37,345.00 PO#156678 04/06/2020 1C1KV3J XLT5128 3955829 BROTHER MOBILE SOLUTIONS (BMS) PJ722 BROTHER PJ722 FULL PG MOBILE PRT ENG (3955829) 10 $283.44 $2,834.40 $283.44 $3,117.84 KPD-SECTOR PRINTERS 04/07/2020 1C0TZT2 XMB9084 5844659 Getac (GTC) FL21ZDJA1DHX GETAC F110G5 I5-8265U 256/8 W10P (5844659) 10 $2,425.00 $24,250.00 $2,425.00 $26,675.00 PO#157100 04/07/2020 1C1JVF2 XMH9042 5554223 HP Inc Smart Buy Display (HP4) 5QG35A8#ABA HP SB P244 MONITOR U.S. 23.8" (5554223) 12 $147.51 $1,770.12 $177.01 $1,947.13 1C1JVF2 04/18/2020 1C1JVF2 XPL4361 4888896 Asus Displays (ASD) VP28UQG ASUS VP28UQG 28IN 4K UHD LED MON (4888896) 2 $247.38 $494.76 $49.48 $544.24 1C1JVF2 04/21/2020 1C1FKZZ XPZ4812 5855543 Intel (INT) BXNUC10I5FNH1 INTEL NUC KIT W/ POWER CORD (5855543) 2 $407.00 $814.00 $81.40 $895.40 PO#157926 04/23/2020 1C1FKZZ XQH8437 5855543 Intel (INT) BXNUC10I5FNH1 INTEL NUC KIT W/ POWER CORD (5855543) 198 $407.00 $80,586.00 $8,058.60 $88,644.60 PO#157926 05/05/2020 1C1FL01 XSN3402 5788073 Microsoft Surface (MS2) PLA-00022 SURF LAPTOP 3 13IN I7 16 256 BLACK (5788073) 50 $1,330.00 $66,500.00 $6,650.00 $73,150.00 PO#157878 06/10/2020 1C1Y2B2 ZCB5757 3145533 HP Smart Buy Accessories (HSA)D9Y32UT#ABA HP SB ULTRASLIM DOCKING STATION G2 (3145533)2 $219.23 $438.46 $43.85 $482.31 PO#158813 06/10/2020 1C1Y2B2 ZCB5757 5717736 HP Smart Buy Notebooks/Ta (HSB)8MN32UT#ABA HP SB 840 G6 I7-8565U 512/16 WP IO (5717736)2 $1,765.52 $3,531.04 $353.10 $3,884.14 PO#158813 06/11/2020 1C1YN8K ZCK0923 3688607 ProLine (PC5) GLC-LX-SM-RGD-PRO PROLINE CISCO GLC-LX-SM-RGD TRNSCVR (3688607) 6 $70.81 $424.86 $42.49 $467.35 1C1YN8K 06/29/2020 1C26DM5 ZGR1324 3894578 BROTHER MOBILE SOLUTIONS (BMS) PJ723 BROTHER MOBILE PJ7 300DPI DT PRINTER (3894578) 2 $357.18 $714.36 $71.44 $785.80 SR101751 07/28/2020 1C2F2W1 ZNR8011 5554223 HP Inc Smart Buy Display (HP4) 5QG35A8#ABA HP SB P244 MONITOR U.S. 23.8" (5554223) 5 $143.79 $718.95 $71.90 $790.85 SR102123 Total Amount Sales Tax by Item Total with Tax $705,560.97 $70,571.19 $776,132.16 CDW-G - AEPA 018A / KCDA 2020 Extension of Agreement Dario Bertocchi Director Program Sales 1/17/2020 CDW-G - AEPA 018A / KCDA 2019 Extension of Agreement Director, Program Sales Dario J. Bertocchi 12/19/2018 CDW-G - AEPA 018A / KCDA Award Letter AEPA IFB #018-A Technology Catalog Form B - Acceptance of Bid & Contract Award Name of Bidder: CDW Government LLC Instructions: PART I of this form is to be completed by the Bidder and signed by its Authorized Representative. PART II will be completed by the AEPA Member Agency only upon the occasion of the bid award. The completed document.must be. scanned to a PDF format and uploaded to Public Purchase with the Bidder's proposal. If approved by AEPA, the Bidder is required to produce a copy of the document for each of the AEPA Member Agency with which it contracts. PART I: BIDDER In compliance with the Invitation For Bid (IFB), the: undersigned warrants that I/we have examined the Instructions to Bidders, associated documentsr and being familiar with all of the conditions surrounding the proposed projects, hereby offer and agree to furnish. all labor, materials, supplies and equipment incurred in compliance with all terms, conditions, specifications and amendments associated with. this IFB and any written exceptions to the bid. Signature also certifies understanding and compliance with the certification requirements of the AEPA Member Agency's Terms and Conditions and/or Special Terms and Conditions. The undersigned understands that their competence, ability, capacity and obligations to offer and provide the .proposed tangible personal property, professional services, construction services and other services on behalf of the Vendor Partner as well as other factors of interest to the AEPA Member Agency as stated in the evaluation section, will be a consideration in making the award. Company Name_ CD14L Government- LLC Date_ October 6, 2017 Company Address, 230 N. Milwaukee AvQnue City Vernon Hills State Imo_ Z.ip 6.0061 Contact Person Tara K. Barbieri Title Director - CaDtUre Authorized Signature 01 q Title__hrisdna_ _ RQther. President Email Address_ tara(a)cdwg.co.m Phone_203,B51.7Q44 _ PART Il: AWARDING MEMBER AGENCY Your bid response for the above identified bid is hereby accepted. As a Vendor Partner you are now bound to offer and provide the products and. services identified within this IFB, your response and approved by AEPA, including all terms, conditions, specifications; .exceptions and amendments. As Vendor Partner, you are hereby not to commence any billable work or provide any :produucts or services under this contract until an executed purchase .order is received from the. AEPA Member Agency or Participating Entities. The intent of this contract is to constitute the final and complete agreement between the AEPA Member Agency and Vendor Partner, and no other agreements, oral or otherwise, regarding the subject matter of this contract, shall bind any of the parties hereto. No change or modification of this contract shall be valid unless in writing and signed by both parties to this contract. If any provision of this contract is deemed invalid or illegal by any appropriate court of law, the remainder of this contract shall not be affected thereby. The initial term of this contract shall be for up to fifteen (15) months and will commence on the date. indicated below and continue until February 28, 2019, unless terminated, canceled or extended. By mutual written agreement as warranted, the contract may be extended month by month up to six (6) months or for three (3) additional 12-month periods. Awarding Agency kr n (V to o P; ret'io _r Agency MOX .S c;k{ cA I� G Awarded this day off ZL� 1 ,_ Contract Number Contract to commence (Member Agency to select): ❑ oarch 1, 2018 AEPA IFB #016-A Page 1 of 1 Due Date: OCTOBER 9, 2017,1:30 pm EST Form B - Acceptance of Bid & Contract Award CDW-G - AEPA 018A / KCDA Form A-Bid Affidavit 6th October 2017 Cook Illinois 5.18.2019 CDW-G - AEPA 018A / KCDA Form B-Acceptance of Bid Contract Award AEPA IFB #018-A Technology Catalog Form B - Acceptance of Bid & Contract Award Name of Bidder: CDW Government LLC Instructions: PART I of this form is to be completed by the Bidder and signed by its Authorized Representative. PART lI will be completed by the AEPA Member Agency only upon the occasion of the bid award. The completed document must be scanned to a PDF format and uploaded to Public Purchase with the Bidder's proposal. If approved by AEPA, the Bidder is required to produce a copy of the document for each of the AEPA Member Agency with which it contracts. PART I: BIDDER In compliance with the Invitation For Bid (IFB), the undersigned warrants that I/we have examined the Instructions to Bidders, associated documents, and being familiar with all of the conditions surrounding the proposed projects, hereby offer and agree to furnish all labor, materials, supplies and equipment incurred in compliance with all terms, conditions, specifications and amendments associated with this IFB and any written exceptions to the bid. Signature also certifies understanding and compliance with the certification requirements of the AEPA Member Agency's Terms and Conditions and/or Special Terms and Conditions. The undersigned understands that their competence, ability, capacity and obligations to offer and provide the proposed tangible personal property, professional services, construction services and other services on behalf of the Vendor Partner as well as other factors of interest to the AEPA Member Agency as stated in the evaluation section, will be a consideration in making the award. Company Name CDW Government LLC Date October 6, 2017 Company Address 230 N. Milwaukee Avenue City Vernon Hills State IL Zip 60061 Contact Person Tara K. Barbieri Title Director - Capture Authorized Signature ice( \ ��. Title Christina V. Rother, President Email Address tara@cdwg.com Phone 203.851.7044 PART IL• AWARDING MEMBER AGENCY Your bid response for the above identified bid is hereby accepted. As a Vendor Partner you are now bound to offer and provide the products and services identified within this IFB, your response and approved by AEPA, including all terms, conditions, specifications, exceptions and amendments. As Vendor Partner, you are hereby not to commence any billable work or provide any products or services under this contract until an executed purchase order is received from the AEPA Member Agency or Participating Entities. The intent of this contract is to constitute the final and complete agreement between the AEPA Member Agency and Vendor Partner, and no other agreements, oral or otherwise, regarding the subject matter of this contract, shall bind any of the parties hereto. No change or modification of this contract shall be valid unless in writing and signed by both parties to this contract. If any provision of this contract is deemed invalid or illegal by any appropriate court of law, the remainder of this contract shall not be affected thereby. The initial term of this contract shall be for up to fifteen (1S) months and will commence on the date indicated below and continue until February 28, 2019, unless terminated, canceled or extended. By mutual written agreement as warranted, the contract may be extended month by month up to six (6) months or for three (3) additional 12-month periods. Awarding Agency Agency Executive Awarded this day of Contract to commence (Member Agency to select): ❑ AEPA IFB #018-A Form B - Acceptance of Bid & Contract Award Contract Number or ❑ March 1, 2018 Page 1 of 1 Due Date: OCTOBER 9, 2017,1:30 pm EST CDW-G - AEPA 018A / KCDA Form C Q10 - Product Return Policy Last Revised: 03/26/2010 CDW PRODUCT RETURN POLICY Seller offers a 30-day return policy on most products sold. Manufacturer restrictions apply to certain merchandise, as detailed below and as updated from time to time. Customer may obtain additional details and any applicable updates from the dedicated Seller account manager and may obtain manufacturer contact information by contacting CDW Customer Relations, which may be reached by calling 866.SVC.4CDW or by emailing returns@cdw.com. 1. Return Restrictions. • Defective Product Returns. Customer may return most defective Products directly to Seller within fifteen (15) days of invoice date and receive, at Seller’s option, credit, replacement, exchange, or repair. After fifteen (15) days, only the manufacturer warranty applies. • Non-Defective Product Returns. Customer may return most non-defective Products directly to Seller within thirty (30) days of invoice date and receive, at Customer’s option, credit or exchange, except that an automatic Seller restocking charge will reduce the value of any such credit or exchange by a minimum of fifteen percent (15%). • Restricted, Repair-Only Returns. Certain Products can only be returned for repair—not for exchange, replacement or credit—based on current manufacturer requirements. Such Products should be returned to Seller, shipped directly to the manufacturer, or taken to an authorized service center in Customer’s vicinity. More information may be provided by the dedicated Seller account manager or by CDW Customer Relations. • Restricted, Manufacturer-Only Assistance. Certain Products cannot be returned to Seller for any reason—without exception—and Customer must contact the manufacturer directly for any needed assistance. More information may be provided by the dedicated Seller account manager or by CDW Customer Relations. • Special Orders. Products that are specially ordered may be non-returnable or may have unique return restrictions provided at the time of sale. More information may be provided by the dedicated Seller account manager or by CDW Customer Relations. Last Revised: 03/26/2010 • Return of Software or DVDs. Seller offers refunds only for unopened, undamaged software and DVD movies that are returned within 30 days of invoice date. Seller offers only replacement for software products and DVD movies that either: (i) are defective but are returned within thirty (30) days of invoice date; or (ii) are unopened and undamaged, but are returned more than 30 days after invoice date; such replaceable merchandise may be exchanged only for the same software or DVD movie title. Multiple software licenses may be returned for refund or exchange only (i) if specifically authorized in advance by the manufacturer; and (ii) if returned within thirty (30) days of invoice date. 2. Customer Shipment of Returned Merchandise. • Return Merchandise Authorization (RMA) Number. No returns of any type will be accepted by Seller unless accompanied by a unique RMA number, which Customer may obtain by providing the following information to CDW Customer Relations: customer name, applicable invoice number, product serial number, and details of Customer’s issue with the product. Customer has five (5) days to return a Product after the applicable RMA is issued. CDW reserves the right to refuse any UNAUTHORIZED returns: those that occur after the five (5) day period or those involving Products that are unaccompanied by valid RMA’s. • Returned Products Must Be Complete. All Products MUST BE returned one hundred percent (100%) complete, including all original boxes, packing materials, manuals, blank warranty cards, and other accessories provided by the manufacturer. CDW reserves the right to refuse the return of incomplete Products. In addition, CDW will charge a minimum fifteen percent (15%) restocking fee for returns that are accepted. • Responsibility for Shipping Costs. Customer is responsible for the cost of shipping returned items; Seller is responsible for the cost of shipping replacements or exchanges of returned items and will match Customer’s shipping method. • Customer Shipping Insurance. Customer is strongly advised to purchase full insurance to cover loss and damage in transit for shipments of returned items and to use a carrier and shipping method that provide proof of delivery. Seller is not responsible for loss during such shipment. Last Revised: 03/26/2010 3. Merchandise Damaged in Transit. • Refusal/Receipt of Damaged Products. If a package containing items purchased from Seller arrives at Customer’s address DAMAGED, Customer should REFUSE to accept delivery from the carrier. If Customer does accept delivery of such a package, Customer must: (i) note the damage on the carrier's delivery record so that Seller may file a claim; (ii) save, as is, the merchandise AND the original box and packaging it arrived in; and (iii) promptly notify Seller either by calling CDW Customer Relations or by contacting the Seller account manager to arrange for carrier’s inspection and pickup of the damaged merchandise. If Customer does not so note the damage and save the received merchandise and does not so notify Seller within fifteen (15) days of delivery acceptance, Customer will be deemed to have accepted the merchandise as if it had arrived undamaged, and Seller’s regular return policy, as described in sections 1 and 2 above, and all current manufacturer warranties and restrictions will apply. 4. Credits Any credit issued by Seller to Customer under this return policy must be used within two (2) years from the date that the credit was issued and may only be used for future purchases of Product and/or Services. Any credit or portion thereof not used within the two (2) year period will automatically expire. CDW-G - AEPA 018A / KCDA Form D-Exceptions and Deviations AEPA IFB #018-A Technology Catalog Form D - Exceptions and Deviations Name of Bidder: CDW Government LLC Instructions: 1. If "no" is marked with an "X" below, complete this form by signing it at the bottom. 2. If "yes" is marked with an "X" below, insert answers into the form shown below, providing narrative explanations of exceptions. (To insert more rows, hit the tab key from the last field in the last row and column.) 3. If adding pages, the bidder's name and identifying information as to which item the response refers must appear on each page. 4. Scan this form plus any attachments into a single PDF document. 5. Title the file as per the instructions and upload your PDF document to Public Purchase with the Bidder's proposal. 6. Exceptions to local, state or federal laws cannot be accepted under this bid. X No, this bidder does not have exceptions to the Terms and Conditions incorporated in Parts A and B of this IFB. Yes, this bidder has the following exceptions to the Terms and Conditions incorporated in Parts A and/or B of this IFB. IFB Section and I Outline Term and Condition Exception Paae Number Number Instructions: 7. If "no" is marked with an "X" below, complete this form by signing it at the bottom. 8. If "yes" is marked with an "X" below, insert answers into the form shown below, providing narrative explanations of deviations. (To insert more rows, hit the tab key from the last field in the last row and column.) 9. If adding pages, the bidder's name and identifying information as to which item the response refers must appear on each page. 10. Scan this form plus any attachments into a single PDF document. 11. Title the file as per the instructions and upload your PDF document to Public Purchase with the Bidder's proposal. 12. Deviations to local, state or federal laws cannot be accepted under this bid. X No, this bidder does not have deviations (exceptions or alternates) to the specifications listed in Part B of this IFB. Yes, this bidder has the following deviations to the specifications listed in Part B of this IFB. AEPA IFB #018-A Pagel of 2 Due Date: OCTOBER 9, 2017,1:30 pm EST Form D - Exceptions & Deviations Outline I Specification (describe) Details of Deviation Part B Signature *Must be same authorized signature that appears on Form A - Bid Affidavit and Form B - Acceptance of Bid & ContractAward. AEPA IFB #018-A Page 2 of 2 Due Date: OCTOBER 9, 2017,1:30 pm EST Form D - Exceptions & Deviations CDW-G - AEPA 018A / KCDA Form E- Discount Pricing Schedule AEPA IFB #018-A Technology Catalog Form E - Discount & Pricing Schedule Name of Bidder: CDW Government LLC Instructions: Bidders are reminded as they prepare the discount pricing schedule that they are responsible for administrative fees on purchases to be remitted to Member Agencies. (See PartA of this IFB, Pricing.) 1. There is one (1) Discount & Pricing Schedule Workbook (in Excel) provided for Bidders to complete with your discounts, pricing, etc. Please note that there are several tabs in the Workbook that should be completed. You must use the provided Excel Workbooks. Pricing must be submitted in the Excel Workbook format with the file name "Form F - Pricing & Discount Schedule Workbook - Name of Bidder. 2. In addition to the provided Excel Workbook, copies of the Bidder's most recent catalog or pricelist showing the products available under this bid should be included as PDF documents. 3. Upload the Excel workbook in its required format along with any additional catalogs or pricelists (PDF format) to Public Purchase with the Bidder's proposal. These forms are provided on individual tabs on the Excel Workbook: F.1. Catalog Discount for Items in a Commercially Available Catalog (REQUIRED) Complete the form for this IFB, reset the `print area' if lines were added, and save the file according to directions. F.2 Item Price Schedule (REQUIRED) Use this tab of the workbook to provide the item information and the Net Effective Bid Price for all items in your catalog. F.3 Services Price Schedule (OPTIONAL) If your company provides any design, installation, training or support services to support the items you are bidding, use this form to provide your bid prices. FA Volume Discounts Schedule (OPTIONAL) Use this form if your company is offering additional discounts off of the base discounts bid for one time purchases AND for public agencies that group their requirements together (based on their estimated total annual spend for commodity). Each Bidder must specify the dollar ranges required in order for the agency(ies) to receive the additional discount. Additional Forms that may be provided by Bidder: Warranties, Additional Services or Incidental Price Schedule (Not Provided by AEPA Bidder Created): Provide a price schedule for any and all extended warranties, additional or incidental services, products, equipment and/or supplies. Additional Discounts (Not Provided by AEPA - Bidder Created): If additional discounts/bonuses are available to AEPA members based on a dollar volume, sizes of orders or other criteria, state the formula for arriving at these discounts: Signature \C \j Christina V. Rother, President *Must be same authorized signature that appears on Form A - Bid Affidavit and Form B - Acceptance of Bid & ContractAward. AEPA IFB #018-A Page 1 of 1 Due Date: OCTOBER 9, 2017, 1:30 pm EST Form E - Discount & Pricing Schedule CDW-G - AEPA 018A / KCDA Form F - Discount Pricing Schedules Workbook Note: The first 2 x pages of Form F.2 are provided. The full Form F.2 price schedule contains nearly 500,000 items and is over 10,000 pages long. All contract documents can be obtained by starting here: https://aepacoop.org/directory/cat/vendors/technology-catalog/ Bidding Company Name: Name of Catalog: (This must be the catalog in effect as of the bid date) Note: Groupings to be defined by Bidder and can be by sub-category, manufacturer, etc. Form F.1 is a REQUIRED FORM No.Grouping of Discount Discount Offered for This Grouping Comments No. 1 Accessories (A)6.50%1 2 Power, Cooling & Racks (B)5.25%2 3 Desktop Computers ( C )3.50%3 4 Data Storage/Drives (D)5.50%4 5 Enterprise Storage ( E )6.00%5 6 Point of Sale/Data Capture (F) 6.00%6 7 Servers & Server Management (H) 5.00%7 8 Notebook/Mobile Devices (L) 4.75%8 9 Chromebooks (L/NB/CBK)1.00%9 10 NetComm Products (N)4.75%10 11 Carts and Furniture (O)7.25%11 12 Printing & Document Scanning (P) 3.50%12 13 Services (Partner Delivered) (Q) 1.50%13 14 Software (S)2.00%14 15 Collaboration Hardware (T)7.00%15 16 Memory/System Components (U) 12.00%16 17 Video-Projection-Pro Audio (V) 5.50%17 18 Cables (W)15.00%18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 31 32 32 33 33 34 34 35 35 36 36 37 37 38 38 39 39 40 40 CDW Government LLC CDWG AEPA Catalog Form F.1 – Catalog Discount for Items in a Commercially Available Catalog AEPA IFB #018-A TECHNOLOGY CATALOG 9b - Form F - Discount _ Pricing Schedules Workbook - CDW-G.xlsx.xls/F.1 Catalog Discounts 10/26/2021 No.Product Category Product Description Manufacturer Manufacturer SKU Vendor SKU Unit of Measure Catalog List Price Bid Discount Percentage Net Effective Bid Price Comments No. 1 A 10ZIG 122-KEY KEYBOARD USB BLK 10Zig 8122-BU 4803136 EA $125.68 6.50%$117.51 1 2 A 2FA SIDESWIPE MINI BIOMETRIC READER 2fa Inc.RDR-300-01 4465074 EA $59.84 6.50%$55.95 2 3 A 2FA FUTRONICS FS-88 FIPS201/PIV USB 2fa Inc.RDR-162-100 4100422 EA $113.71 6.50%$106.32 3 4 A 3DC SPACEMOUSE WRLS USB RECEIVER 3D Connexion 3DX-700045 4391442 EA $14.95 6.50%$13.98 4 5 A 3D CONNEXION CARRY CASE PERSONAL 3D Connexion 3DX-700046 3646370 EA $20.94 6.50%$19.58 5 6 A 3D CONNEXION CADMOUSE PAD 3D Connexion 3DX-700053 3725034 EA $36.90 6.50%$34.50 6 7 A 3D CONNEXION SPACEMOU PRO 3D MOU (BS3D Connexion 3DX-700040-BSTK-BSTK 4801041 EA $97.75 6.50%$91.40 7 8 A 3D CONNEXION CADMOUSE 7BTN USB MOU3D Connexion 3DX-700052 3634984 EA $109.72 6.50%$102.59 8 9 A 3D CONNEXION CADMOUSE WIRELESS 3D Connexion 3DX-700062 4800097 EA $113.71 6.50%$106.32 9 10 A 3D CONNEXION SPACENAVIGATOR F/ NB'S3D Connexion 3DX-700034 1443010 EA $119.69 6.50%$111.91 10 11 A 3D CONNEXION SPACENAVIGATOR SE MOU3D Connexion 3DX-700028 1107476 EA $119.69 6.50%$111.91 11 12 A 3D CONNEXION SPACEMOUSE WL SP W2K3D Connexion 3DX-700043 3146655 EA $142.63 6.50%$133.36 12 13 A 3D CONNEXION SPACEMOU PRO 3D MOU (BS3D Connexion 3DX-700040-BSTK 4802180 EA $261.34 6.50%$244.35 13 14 A 3D CONNEXION SPACEMOUSE PRO 3D Connexion 3DX-7000040 4492360 EA $331.16 6.50%$309.63 14 15 A 3D CONNEXION SPACEMOU PRO 3D MOU3D Connexion 3DX-700040 2565617 EA $333.16 6.50%$311.50 15 16 A 3D CONNEXION SPACEMOUSE PRO WIRELESS3D Connexion 3DX-700049 3438778 EA $364.08 6.50%$340.41 16 17 A 3D CONNEXION SPACEMOUSE ENTERPRISE3D Connexion 3DX-700056 4114780 EA $440.89 6.50%$412.23 17 18 A 3D CONNEXION SPACEMOUSE ENTERPRISE3D Connexion 3DX-700058 4114785 EA $473.80 6.50%$443.00 18 19 A 3DOODLER START EDU BUNDLE SET 6PENS3Doodler 3DSTARTEDUHALF6 4596547 EA $484.78 6.50%$453.27 19 20 A 3DOODLER CREATE FULL EDU BUNDLE 3Doodler 3DOOD-CRE-EDU-ALL-4208432 EA $954.60 6.50%$892.55 20 21 A 3M 1700C WHITE 3/4X66FT 3M 1700C-WHITE-3/4X66FT 3848160 EA $1.99 6.50%$1.86 21 22 A 3M 1700C-GRAY-3/4X66FT 3M 1700C-GRAY-3/4 4435856 EA $1.99 6.50%$1.86 22 23 A 3M 1700C-GREEN-3/4X66FT 3M 1700C-GREEN-3/4X66FT 3470366 EA $1.99 6.50%$1.86 23 24 A 3M TEMFLEX VINYL ELEC TAPE 3/4"X60FT 3M 69764 4135126 EA $1.99 6.50%$1.86 24 25 A 3M 1700C BLUE 3/4X66FT 3M 1700C-BLUE-3/4X66FT 3848162 EA $1.99 6.50%$1.86 25 26 A 3M 1700C-VIOLET-3/4X66FT 3M 1700C-VIOLET-3/4 4435850 EA $1.99 6.50%$1.86 26 27 A 3M 1700C-BROWN-3/4X66FT 3M 1700C-BROWN-3/4 4435865 EA $1.99 6.50%$1.86 27 28 A 3M VINYL TAPE 3/4 X 60 BLK 1 ROLL 3M 1700 2074758 EA $1.99 6.50%$1.86 28 29 A 3M 1700C YELLOW 3/4X66FT 3M 1700C-YELLOW-3/4X66FT3848168 EA $1.99 6.50%$1.86 29 30 A 3M 1700C-ORANGE-3/4X66FT 3M 1700C-ORANGE-3/4 4435854 EA $2.98 6.50%$2.79 30 31 A 3M 1700C-RED-3/4X66FT 3M 1700C-RED-3/4 4435852 EA $2.98 6.50%$2.79 31 32 A 3M 1700C ORANGE 3/4X66FT 3M 1700C-ORANGE-3/4X66FT3848164 EA $2.98 6.50%$2.79 32 33 A 3M 1700C-YELLOW-3/4X66FT 3M 1700C-YELLOW-3/4 4435872 EA $2.98 6.50%$2.79 33 34 A 3M 1700C-WHITE-3/4X66FT 3M 1700C-WHITE-3/4 4435851 EA $2.98 6.50%$2.79 34 35 A 3M 1700C-BLUE-3/4X66FT 3M 1700C-BLUE-3/4 4435869 EA $2.98 6.50%$2.79 35 36 A 3M 1700C-GREEN-3/4X66FT 3M 1700C-GREEN-3/4 4435875 EA $2.98 6.50%$2.79 36 37 A 3M VINYL TAPE 3/4X60FT 3M 1700-3/4X60FT 4024162 EA $2.98 6.50%$2.79 37 38 A 3M 1700C-RED-3/4X66FT 3M 1700C-RED-3/4X66FT 3474050 EA $2.98 6.50%$2.79 38 39 A 3M SCOTCH DUAL LOCK OUTDOOR FASTENER3M RFD7090 3160132 EA $3.99 6.50%$3.73 39 40 A 3M CLEANING CLOTH 3M DEFCLOTH 3575648 EA $4.98 6.50%$4.66 40 41 A 3M HEAVY DUTY FASTENER 3M RFD7091 2543255 EA $4.98 6.50%$4.66 41 Form F.2 – Item Price Schedule AEPA IFB #018-A TECHNOLOGY CATALOG INSTRUCTIONS: Download the Net Effective Bid Price and respective information for all line items in the entire catalog. Use a separate spreadsheet for each catalog. Please be sure to set the 'Print Area' PRIOR to submitting your bid response. NOTE: The Net Effective Price MUST be consistent with the percentage discounts listed on the F.1 tab. Failure to have price correspond may be cause for rejection of your offer. Form F.2 is a REQUIRED FORM Bidding Company Name:Enter company name here Catalog Name:Enter catalog name here 9b - Form F - Discount _ Pricing Schedules Workbook - CDW-G.xlsx/F.2 Discount Price Schedule 10/26/2021 No.Product Category Product Description Manufacturer Manufacturer SKU Vendor SKU Unit of Measure Catalog List Price Bid Discount Percentage Net Effective Bid Price Comments No. Bidding Company Name:Enter company name here Catalog Name:Enter catalog name here 42 A 3M ELECTRICAL HIGHLAND VINYL TAPE 3M 16720 4420323 EA $4.98 6.50%$4.66 42 43 A 3M COMMAND ADHESIVE MOUNT STRIP 3M 17023P 3751182 EA $4.98 6.50%$4.66 43 44 A 3M TAPE 3/4INX36IN ELECTRICAL VINYL 3M 80-0120-9102-3 2147653 EA $4.98 6.50%$4.66 44 45 A 3M MOUSE PAD W/NON SKIDING BACK 3M MP114-BSD1 3452825 EA $5.98 6.50%$5.59 45 46 A 3M COMMAND ADHESIVE MOUNT STRIP-DUP3M 17023P-MASSAGE 4445712 EA $5.98 6.50%$5.59 46 47 A 3M MP114YL MOUSE PAD BEACH 3M MP114YL 3115523 EA $5.98 6.50%$5.59 47 48 A 3M VINYL TAPE (3/4X60)3M 88T-0.75X60 3530680 EA $5.98 6.50%$5.59 48 49 A 3M CLEANING CLOTH 3M 9027 920909 EA $5.98 6.50%$5.59 49 50 A 3M(TM) MOUSE PAD MP114-PL PLAID 3M MP114-PL 3188994 EA $5.98 6.50%$5.59 50 51 A 3M DRY ERASE CLEANING CLOTH-DUP 3M DEFCLOTH-MASSAGE 4445700 EA $5.98 6.50%$5.59 51 52 A 3M MP114DS MOUSE PAD DAISY 3M MP114DS 3115521 EA $5.98 6.50%$5.59 52 53 A 3M ELECTRICAL TAPE VINYL PLASTIC BLU 3M 35-BLUE-3/4 4617988 EA $6.97 6.50%$6.52 53 54 A 3M COMMAND TRAD LARGE PLASTIC HOOK3M 17053BN 4492056 EA $6.98 6.50%$6.53 54 55 A 3M COMMAND ADH LARGE DECORATIVE HOOK3M 17053BNES 4492051 EA $6.98 6.50%$6.53 55 56 A 3M 3750 SCOTCH SEALING TAPE 1PK 3M 3750-1PK 3617383 EA $7.97 6.50%$7.45 56 57 A 3M PRECISE MOUSING SURFACE/ADHESIVE3M MP200PS 1612559 EA $7.97 6.50%$7.45 57 58 A 3M GEL WRIST REST ANTIMICROBIAL BLK 3M WR305LE 2404558 EA $7.97 6.50%$7.45 58 59 A 3M ELECTRICAL TAPE 3/4" X 66' BLACK 3M 33+ SUPER 859133 EA $7.97 6.50%$7.45 59 60 A 3M 35-BROWN-3/4X66FT 3M 35-BROWN-3/4X66FT 4479016 EA $8.97 6.50%$8.39 60 61 A 3M 35-GREEN-3/4X66FT 3M 35-GREEN-3/4X66FT 4479019 EA $8.97 6.50%$8.39 61 62 A 3M 35-GRAY-3/4X66FT 3M 35-GRAY-3/4X66FT 4479013 EA $8.97 6.50%$8.39 62 63 A 3M 35-VIOLET-3/4X66FT 3M 35-VIOLET-3/4X66FT 4478992 EA $8.97 6.50%$8.39 63 64 A 3M 35-WHITE-3/4X66FT 3M 35-WHITE-3/4X66FT 4479006 EA $8.97 6.50%$8.39 64 65 A 3M 35-ORANGE-3/4X66FT 3M 35-ORANGE-3/4X66FT 4479008 EA $8.97 6.50%$8.39 65 66 A 3M NOTEBOOK SCREEN CLEANING WIPES3M CL630 1038757 EA $8.97 6.50%$8.39 66 67 A 3M COMMAND 17001-VP ADHESIVE HOOK3M 170016ES 3841685 EA $9.97 6.50%$9.32 67 68 A 3M CL681 3INX2.75INX1IN SCRN CLEANER3M 70005152494 4738411 EA $10.96 6.50%$10.25 68 69 A 3M PRE-MOISTENED ANTISTATIC WIPE 80P3M CL610 1324412 EA $10.96 6.50%$10.25 69 70 A 3M POST-IT ACCESSORY TRAY 3M DEFTRAY 3575649 EA $10.96 6.50%$10.25 70 71 A 3M LCD SCREEN CLEANER 3M CL681 2000529 EA $10.96 6.50%$10.25 71 72 A 3M FOAM MOUSEPAD WRIST REST 3M MW209MB 1551306 EA $12.96 6.50%$12.12 72 73 A 3M FIRE BARRIER SEALANT CP 25WB+3M CP-25WB+4767607 EA $13.96 6.50%$13.05 73 74 A 3M DOCUMENT CLIP HOLDER 3M DH240MB 2456683 EA $13.96 6.50%$13.05 74 75 A 3M UTILITY DUCT TAPE 1.88X50YD 3M 2929-SILVER-48MM 4673692 EA $13.96 6.50%$13.05 75 76 A 3M 1.88INX60YD MULTI-USE DUCT TAPE 3M 2979 4746556 EA $13.96 6.50%$13.05 76 77 A 3M MW308BH CLR GEL PAD BEACH 3M MW308BH 3115524 EA $14.95 6.50%$13.98 77 78 A 3M ANTIMICROBIAL FOAM KB WRIST REST3M WR209MB 3114416 EA $14.95 6.50%$13.98 78 79 A 3M MW308-CL PAD WRIST REST CORAL 3M MW308-CL 3188998 EA $14.95 6.50%$13.98 79 80 A 3M MW308-GR GEL REST F/KEYBRD GREEN3M MW308-GR 3189010 EA $14.95 6.50%$13.98 80 81 A 3M THERM POUCH TP3854-50 LETTER SIZE3M TP3854-50 3193177 EA $14.96 6.50%$13.99 81 82 A 3M COMPACT GEL MOUSEPAD WRIST REST3M MW309LE 1385778 EA $15.95 6.50%$14.91 82 83 A 3M MW308DS CLR GEL PAD DAISY 3M MW308DS 3115525 EA $16.95 6.50%$15.85 83 84 A 3M WR308-CL GEL REST F/KEYBD CORAL 3M WR308-CL 3189073 EA $17.95 6.50%$16.78 84 85 A 3M WR308-GR GEL REST F/KEYBD GREEN 3M WR308-GR 3189074 EA $17.95 6.50%$16.78 85 86 A 3M WR308BH CLR REST BEACH 3M WR308BH 3115573 EA $17.95 6.50%$16.78 86 87 A 3M GEL WRIST REST FOR KEYBOARD 3M WR309LE 1551300 EA $18.94 6.50%$17.71 87 88 A 3M DT COPYHOLDER BK 3M DH340MB 2029166 EA $18.94 6.50%$17.71 88 89 A 3M PACKAGING TAPE CLEAR HVY DUTY 3M 142-6 4340420 EA $18.95 6.50%$17.72 89 9b - Form F - Discount _ Pricing Schedules Workbook - CDW-G.xlsx/F.2 Discount Price Schedule 10/26/2021 NOTE: If your company provides any of the services listed below, please complete the price schedule.Form F.3 is an OPTIONAL FORM Description Regular Price or Rates Discounted Price or Rates Per Diem Charges (if any) Mileage Charges (if any) *Additional Discount on Large Projects: Y/N Description Regular Price or Rates Discounted Price or Rates Per Diem Charges (if any) Mileage Charges (if any) *Additional Discount on Large Projects: Y/N Description Regular Price or Rates Discounted Price or Rates Per Diem Charges (if any) Mileage Charges (if any) *Additional Discount on Large Projects: Y/N Description Regular Price or Rates Discounted Price or Rates Per Diem Charges (if any) Mileage Charges (if any) *Additional Discount on Large Projects: Y/NTraining ServicesSupport Services*Please detail additional discounts on large projects. Form F.3 – Services Price Schedule AEPA IFB #018-A TECHNOLOGY SUPPLIES CDW Government LLCBidding Company Name:Design ServicesInstallation ServicesAEPA Members can procure CDW•G Professional and Managed Services by negotiating with CDW•G at the time of Procurement Form F.4 – Volume Discounts Schedule AEPA IFB #018-A TECHNOLOGY SUPPLIES CDW Government LLC Dollar Amount FROM Dollar Amount TO Catalog Additional Discount Offered (%) Example - $0 $50,000 MyCompanyGeneral 2014 Catalog 5.0% Varies Varies www.cdwg.com CDW•G provides additional discounts on individual orders based on product and quantities Bidding Company Name: Form F.4 is an OPTIONAL FORM Additional Discount for One Time Purchase OR a CDW-G - AEPA 018A / KCDA Affirmative Action Questionnaire To be comphted and sogned Wobw Return vKh C od AMMATIVE ACTIO NUESRONNAIRE This form is to be completed and returned with the bid. However, the ESCNJ will accept in lieu of this Questionnaire, Affirmative Action Evidence attached but not staled to this page. 1. Our company has a federal Affirmative Action Plan approval. ® Yes ® No If yes, please attach a copy of the plan to this questionnaire. 2. Our company has a New Jersey State Certificate of Employee Information Report. ® Yes ® No If yes, please attach a copy of the certificate to this questionnaire. 3. If you answered "NO" to both questions above, No. 1 and 2, you must apply for an Affirmative Action Employee Information Report — Form AA302. Please visit the New Jersey Department of Treasury website for the Division of Public Contracts Equal Employment Opportunity Compliance. www.state.nus/treasury/contract compliance/ Click on "Forms" and then "AA302" and "Instructions" under the heading "Employee Information Report" Complete and submit the form with the approp riatp payment to: Department of Treasury Division of Purchase & Property Contract Compliance Audit Unit EEO Monitoring Program P.O. Box 206 Trenton, New Jersey 08625-0206 All fees for this application are to be paid directly to the State of New Jersey. A copy shall be submitted to the ESCNJ within seven (7) days of the notice of the intent to award the contract or the signing of the contract. EMPLOYEE INFORMATION REPORT (FORM AA302) IMPORTANT: READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE FORM. PRINT OR TYPE ALL INFORMATION, FAILURE TO PROPERLY COMPLETE THE ENTIRE FORM MAY DELAY ISSUANCE OF YOUR CERTIFICATE. IF YOU HAVE A CURRENT CERTIFICATE OF EMPLOYEE INFORMATION REPORT, DO NOT COMPLETE THIS FORM, SEND COPY OF CURRENT CERTIFICATE TO THE PUBLIC AGENCY. DO NOT COMPLETE THIS FORM FOR CONSTRUCTION CONTRACT AWARDS, ITEM 1 - Enter the Federal Identification Number assigned by the includes for example, China, Japan, Korea, the Philippine Internal Revenue Service, or if a Federal Employer Islands and Samoa. Identification Number has been applied for, or if your Non -Minority: Any Persons not identified in any of the business is such that you have not or will not receive a aforementioned Racial/Ethnic, Groups, Federal Employer Identification Number, enter the Social Security Number of the owner or of one partner, in the case ITEM 12 - Check the appropriate box. If the race or ethnic of a partnership, group information was not obtained by 1 or 2, specify by what other means this was done in 3. ITEM 2 - Check the box appropriate to your TYPE OF BUSINESS. If you are engaged in more than one type of business check the predominate one. If you are a manufacturer deriving more than 50% of your receipts from your own retail outlets, check "Retail". ITEM 3 - Enter the total "number" of employees in the entire company, including part-time employees. This number shall include all facilities in the entire firm or corporation. ITEM 4 - Enter the name by which the company is identified. If there is more than one company name, enter the predominate one. ITEM 5 - Enter the physical location of the company, Include City, County, State and Zip Code, ITEM 6 - Enter the name of any parent or affiliated company including the City, County, State and Zip Code. If there is none, so indicate by entering "None" or N/A. ITEM 7 - Check the box appropriate to your type of company establishment. "Single -establishment Employer' shall include an employer whose business is conducted at only one physical location, "Multi -establishment Employer shall include an employer whose business is conducted at more than one location. ITEM 8 - If "Multi -establishment" was entered in item 8, enter the number of establishments within the State of New Jersey, ITEM 9 - Enter the total number of employees at the establishment being awarded the contract. ITEM 10 - Enter the name of the Public Agency awarding the contract. Include City, County, State and Zip Code. ITEM 11 - Enter the appropriate figures on all lines and in all columns. THIS SHALL ONLY INCLUDE EMPLOYMENT DATA FROM THE FACILITY THAT IS BEING AWARDED THE CONTRACT, DO NOT list the same employee in more than one job category, DO NOT attach an EEO-1 Report, Racial/Ethnic Groups will be defined: Black: Not of Hispanic origin. Persons having origin in any of the Black racial groups of Africa. Hispanic: Persons of Mexican, Puerto Rican, Cuban, or Central or South American or other Spanish culture or origin, regardless of race. American Indian or Alaskan Native: Persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. Asian or Pacific Islander. Persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands. This area ITEM 13 - Enter the dates of the payroll period used to prepare the employment data presented in Item 12. ITEM 14 - If this is the first time an Employee Information Report has been submitted for this company, check block "Yes". ITEM 15 - If the answer to Item 15 is "No", enter the date when the last Employee Information Report was submitted by this company. ITEM 16 - Print or type the name of the person completing the form, Include the signature, title and date. ITEM 17 - Enter the physical location where the form is being completed, Include City, State, Zip Code and Phone Number, TYPE OR PRINT IN SHARP BALL POINT PEN THE VENDOR IS TO COMPLETE THE EMPLOYEE INFORMATION REPORT FORM (AA302) AND RETAIN COPY FOR THE VENDOR'S OWN FILES. THE VENDOR SHOULD ALSO SUBMIT A COPY TO THE PUBLIC AGENCY AWARDING THE CONTRACT IF THIS IF YOUR FIRST REPORT, AND FORWARD ONE COPY WITH A CHECK IN THE AMOUNT OF_$150.00 PAYABLE TO THE TREASURER, STATE OF NEW JERSEY (FEE IS NON-REFUNDABLE) TO: NJ Department of the Treasury Division of Contract Compliance & Equal Employment Opportunity P.O, Box 209 Trenton, New Jersey 08625-0209 Telephone No.1.609-292-5475 To download the AA-302 form, click this link: http://www.state.nI.us/treasury/contract compliance/pdf/aa302.pdf PormkAA302 STATE OF NEW JERSEY Rev.IL111 Division of Purchase a phwpwty ConUaclComphoomAtubtUnk EL-0 rl"S L1aYEE INEOM DON EPORT _ MAKUTAW-READ DeRR tCi MM C;ARiF A Y fogM. FAtt M 70.TAOMMy COMPUTE TVM PMTBM FCMIA AM FO 5U tiTr T httgstfwsv':ws$75A.� FEE V*AY VQAY WUAf4CE OF LOUR CMVVtCATE 00 NOT £EO -I RUNDRTRM 5ECIMM EL F AI. 1L Fm In ve3orm %tam form ga 4r..ah..��.stisar!axo�yFccsvtncf_cami4�reefp�/.=a:�72tnzpdW SECTDMA-C PAKVIDS ITZFB�-ATtrim L IM ND. OR. SOCIAL SECIMITY 1 1 TYFEOFMMNM 3. TOTAL WM RAMOY.EBS 24THE EbTnmz ❑ I. My. ❑ i Sly ❑ 5. Vn=L SAIZ CLISITYAm © 4ICETAIL ❑ H. OTHER 4. 3..S1 7' CHBY {.`OUNTr STATE _- ZWCOEIM 6 ?TAIDSE M PAMENr p AY-FlI UED CC MWANY(EP VCOM- SO DTOICATM CITY STATE 23P C OEM 7. 9_ Ream 6YYYr.AT7' @t7`s 11. ail. «a ONl'DIIRcO1aIDi HTABZOCI. � f�gas ®aO a and a .C! t+a mco eb mmcm aaca�n.ftS.4, mt,jmtimm fa iu C„� �;5. 170dXL7 T crass Safm 0E14a 6 Ct-&-T or—d- S lfElmw— `FOITAL V HOW WAS 2aq=^*tIl' NA4 TD It ACE CME13INM GXODPLlT SELi Mnb 14: i57IHF3lise F£EST 13. IF M VA-r-H LAST � 13, ISATE3 OF &aXYiYOIb AM T-7.1i'TMAA 71 USED Iij I I--T.1_1 mr- 2_*.CD(- I certify that the above information is correct to the best of my knowledge. Name of Company/Firm CDW Government LLC Address 230 N. Milwaukee Ave. City, State, Zip Vernon Hills, IL 60061 Name of Authorized Agent Christina V. Rother Title President SIGNATURE a _ \4 � .----Date 10/6/17 Sampp e Certificate of EmpllaVea Information Report Certification 111 XX CERTIFICATE OF EMPLOYEE INFORMATION REPORT INITIAL This is to certify that the contractor listed /bolovttias subrruttai iap Empjoyee Information Report pursuant to N.J.A.C. 17:27-1.1 at. seq. and the SIaf&Trrbasurer has approved said ". This approval will remain In effect for the period of 15-DEC-ZOXX' 10 15-DEC-20XX SAMPLE COMPANY, INC. 33 WEST STATE STREET IV TRENTON, NJ 08623 0 State Treasurer 00 JJU) r-I %D N c 0 U CD U O C C C (0 (C6 1� � C a =_ O o 3 a CL m> w 2 c a 0 n. co z O �— N CD H � o � g CL , O E c13 Ln LL z t, o g W _ a n ' a. 3 rn 0 - ca N W m w l U. O D cn 1 tp a� In Lu H v 0 a '� ID w o , i= H ,cc6. o z w g, n a U 0 N CD a 0 r w H H x �Q �zo ►L- Z ai �c O cn U N W L 0 � 0 U N �0y � l{ Y 0 w CDW-G - AEPA 018A / KCDA Prevailing Wages Certification Mbe completed and signed below. Return with Bid It is the determination of the ESCNJ that this is a public works project that in total will exceed $2,000,00 (two thousand dollars), therefore prevailing wages rules and regulations apply as promulgated by the New Jersey Prevailing Wage Act and in conformance with U.S.A. 34:11-56:25, With the laws as they apply to the public agency. CERTIFICATION 1. 1 certify that our company understands that this project of the ESCNJ requires prevailing wages to be paid in full accordance with the law. 2, 1 further certify that all subcontractors named in this bid understand that this project requires the subcontractor to pay prevailing wages in full accordance with the law. NOTIFICATION OF VIOLATIONS —New Jersey Department of Labor Has the Bidder or any person having an "interest" with the Bidder, been notified by the New Jersey Department of Labor by notice issued pursuant to N,J.S,A, 34:11-56:37 that he/she has been in violation for failure to pay prevailing wages as required by the New Jersey Prevailing Wage Act within the last five (5) years? *Yes No X *If yes, please attach a signed document explaining any/or all administrative proceedings with the NJDOL within the last five (5) years. Please include any pending administrative proceedings with the NJDOL, it any. Name of Company CIDW Government LLC Authorized Aaent Christina V. Rother, President Authorized CDW-G - AEPA 018A / KCDA IFB - Part A Terms and Conditions AEPA IFB #018 Part A Page 1 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions Invitation for Bid AEPA IFB #018-A Technology Catalog Part A – Terms and Conditions Notice to Bidders Sealed Bids will be received by the Association of Educational Purchasing Agencies (AEPA) on behalf of its Member Agencies until: 1:30 p.m. EDT, Monday, October 9, 2017 For Supplies, Materials, Equipment, and Software Related Bids: 018-A Technology, 018-B LED Lighting, 018- C Athletic Equipment and Supplies, 018-D Furniture and 018-E Maintenance Repair and Operations (MRO). Each bid package consists of multiple parts: Part A – General Terms and Conditions Part B – Technical Specifications Part C – Member Agency (State) Terms and Conditions Bid Proposal Checklist Forms A – F All bids shall be submitted online via Public Purchase by the due date and time listed below in the bid and contract timeline. Note that Bidders must be able to provide their proposed products and services in up to 26 states including California, Colorado, Connecticut, Florida, Indiana, Iowa, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, New Mexico, North Dakota, Ohio, Oregon, Pennsylvania, Texas, Virginia, Washington, West Virginia, Wisconsin and Wyoming. AEPA bid documents can be downloaded after registering, at no cost, on Public Purchase at www.publicpurchase.com. AEPA and/or the respective Member Agencies reserve the right to reject any or all bids in whole or in part; to waive any formalities or irregularities in any bids, and to accept the bids, which in its discretion, within state law, are for the best interest of any of the AEPA Member Agencies and/or their Participating Entities. Bids will be opened and an opening record will be posted to Public Purchase. Bid & Contract Timeline: August 15, 2017 Publication of IFB available through Public Purchase. Notification will also be posted to the AEPA website, www.aepacoop.org. September 14, 2017 Pre-Bid Conference Call (optional) September 22, 2017 Deadline for questions from Bidders October 9, 2017, 1:30 pm EDT Deadline for Bid Submittals and Bid Reading via Public Purchase November 10, 2017 Contract Recommendations posted on Public Purchase and the AEPA website, www.aepacoop.org December 4, 2017 AEPA Approval of bids December 8, 2017 Final results published via Public Purchase December 2017 to January 2018 Vendor Partner’s submit required documentation to Member Agencies AEPA IFB #018 Part A Page 2 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions No later than March 1, 2018 to February 28, 2019 Initial contract term (up to fifteen months) – See Term of Contract and Extensions in General Terms & Conditions March 1, 2019 - 2022 Annual contract renewal dates subject to approval by AEPA For information on how to address all questions regarding this Invitation for Bid (IFB), reference Section II. Bid Procedures, Section C. Questions. AEPA Member Agency Information State Agency Name Contact Email Students California Monterey County Office of Education d/b/a CalSAVE Ted Witt twitt@epylon.com 6,000,000 Colorado Colorado BOCES Association John Tillman jtillman@my.amigo.net 889,000 Connecticut Capitol Region Education Council (CREC) Cara Hart chart@crec.org 538,000 Florida Panhandle Area Education Consortium Larche Hardy larche.hardy@paec.org 2,700,000 Indiana Wilson Education Center Phil Partenheimer philp@wesc.k12.in.us 1,046,026 Iowa Iowa Educators Consortium Joni Puffett jpuffett@iec-ia.org 510,010 Kansas Southeast Kansas Education Service Center Tina Smith tina.smith@greenbush.org 468,510 Kentucky Green River Regional Educational Cooperative Ann Burden ann.burden@grrec.org 675,000 Massachusetts The Education Cooperative Joan Preble jpreble@tec-coop.org 955,739 Michigan Oakland Schools Tim Loock tim.loock@oakland.k12.mi.us 1,550,802 Minnesota Cooperative Purchasing Connection Jeremy Kovash jkovash@lcsc.org 842,932 Missouri Cooperating School Districts Matt Goodman khackworth@edplus.org 885,204 Montana Montana Cooperative Service Dave Puyear dpuyear@mrea-mt.org 144,129 Nebraska Nebraska ESU Cooperative Purchasing Craig Peterson Craig.peterson@esucc.org 300,000 New Jersey Middlesex Regional Educational Services Commission Pat Moran pmoran@mresc.k12.nj.us 1,369,000 New Mexico Cooperative Educational Services Dotty McKinney dotty@ces.org 338,307 North Dakota North Dakota Educators Service Cooperative Jane Eastes jeastes@lcsc.org 106,863 Ohio Ohio Council of Educational Purchasing Consortium Elmo Kallner kallner@mail.mecdc.org 1,700,000 Oregon Intermountain ESD Rob Naughton rob.naughton@imesd.k12.or.us 570,857 Pennsylvania Central Susquehanna Intermediate Unit d/b/a Keystone Purchasing Network Jeff Kimball jkimball@csiu.org 5,700,000 Texas Region 16 Education Service Center d/b/a TexBuy Andrew Pickens andrew.pickens@esc16.net 5,232,065 Virginia Fairfax County Public Schools Michelle Pratt MRPratt@fcps.edu 1,249,000 Washington King County Directors Association Dave Mahalko dmahalko@kcda.org 1,000,000 West Virginia WV Regional Education Service Agencies Cooperative Purchasing Amy McComas amy.mccomas@access.k12.wv.us 279,899 AEPA IFB #018 Part A Page 3 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions Wisconsin Cooperative Educational Service Agency (CESA) #2 Jane Wray jane.wray@cesa2.org 873,000 Wyoming Northeast Wyoming Board of Cooperative Educational Services Nita Werner nwerner@newboces.com 91,000 Total Students: 36,009,480 AEPA IFB #018 Part A Page 4 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions Part A – Table of Contents I. ABOUT AEPA.. .............................................................................................................................................. 5 II. BID PROCEDURES ...................................................................................................................................... 5 A. ISSUING AGENCY ……………………………………………………………………........................5 B. PRE-BID VOLUNTARY CONFERENCE - SEPTEMBER 14, 2017 ....……………..…..6 C. QUESTIONS……………………………………………………………………………………………...…….6 D. BIDDER QUALIFICATIONS ………………………………………………………………………...7 E. BID SECURITY…………………………………………………………………………………………..7 F. BID SUBMISSION………………………………………………………………………………………7 1. Preparation of the Bid Response ........................................................................................................... …7 2. Format of a Bid Submission ..................................................................................................................... …8 3. Bid Transmittal ............................................................................................................................................. …9 G. BID EVALUATION .............................................................................................................................................................. ....9 H. CONTRACT AWARD AND IMPLEMENTATION…. ................................................................................................. .10 III. RESPONSIBILITIES OF A VENDOR PARTNER …………………………………………………………….…..11 IV. RESPONSIBILITIES OF AEPA MEMBER AGENCIES ...……………………………………………………....12 V. GENERAL TERMS AND CONDITIONS FOR ALL AGENCIES………………….…………………....…...….12 AEPA IFB #018 Part A Page 5 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions I. About AEPA The Association of Educational Purchasing Agencies (AEPA) is a school procurement consortium established in 2000 through a Memorandum of Understanding, and incorporated in 2007 under the state laws of Nevada. Currently, twenty-six (26) states have joined to issue simultaneous Invitations for Bids (IFB) generating sales in forty-nine (49) states. AEPA requires that Bidders only respond if they are able to offer prices equal to or lower than what they ordinarily offer on separate, single school district, single state or multi-state contracts that have equal or lesser volume. AEPA’s mission is to cooperatively serve our members though a continuous effort to explore and solve present and future purchasing needs. Our goals include working to secure multi- state volume purchasing contracts with benefits that are measurable, cost-effective and continuously exceed our members’ expectations. AEPA is committed to accomplish this mission lawfully and ethically, using leading edge technology and futuristic business practices. AEPA designates one Member Agency per state that is operating legally under the rules and regulations of that state. Any additional agencies that wish to participate will negotiate with the authorized Member Agency and participate through them in a manner in which they mutually agree is not in conflict with AEPA procedures. The Member Agency will be the only agency allowed to represent that state at AEPA and will be the only communication link between AEPA and that state. Each Member Agency, along with the awarded Vendor Partner, represents, supports and promotes the AEPA contracts within their respective state. While the consortium was initially created to support educational entities, the Member Agency for each state determines which public entities (higher educational institutions, cities, counties, townships, states, etc.) can utilize the competitively bid contracts (see the Summary of State Participation by Bid Category Table). II. Bid Procedures A. Issuing Agency The great benefit to the Bidder is that one response may be prepared for approval by AEPA and award by multiple AEPA Member Agencies and utilized by their Participating Entities located throughout many states. Some of these 26 AEPA Member Agencies have Participating Entities in other non-AEPA states as identified in the Part B - Specifications document. Bidders responding to this IFB will submit their response in the required formats (PDF, Word, Excel) of all files requested along with complete catalogs via Public Purchase by the due date and time of this IFB. Bidders selected in response to this single IFB have the potential to provide products and services to local education agencies serving over 36,000,000 (excludes non-represented AEPA states) students. Each AEPA Member Agency will individually publish notice of the IFB. Bidders will submit their response online, electronically via Public Purchase (www.publicpurchase.com). Responses will be evaluated by bid oversight committees comprised of AEPA Member Agencies representatives who have indicated they will participate in the category of products and services being solicited, and after AEPA approval, individual AEPA Member Agencies may award contracts to the AEPA Approved Vendor Partners or reject their offers.’ The procurement activities of AEPA are limited to document preparation, distribution of the IFB, initial evaluation, and recommendation for possible approval to AEPA Member Agencies. AEPA consists of agency officials who have agreed to assist one another in meeting the public purchasing needs of local school districts and other political subdivisions. Contracts awarded through cooperative purchasing must meet the procurement laws of the states of each AEPA Member Agency. When these laws are satisfied, an individual entity using these contracts is deemed in compliance with bidding regulations. As allowed by specific state statutes, they can issue purchase orders for any amount without the necessity to prepare their own IFB, Request for Proposal AEPA IFB #018 Part A Page 6 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions (RFP), or Request for Quotations (RFQ). This saves the entity time and allows for economical and efficient purchasing. State laws that permit or encourage cooperative purchasing contracts do so in the belief that it saves the participants both time and money. Time is saved by having access to volume discounted contracts publicly solicited and being able to purchase what is needed without having to wade through the solicitation process (write solicitation, advertise the IFB, open each response, evaluate and make a selection). Money is saved in procurement cost and lower prices will be the result of volume purchasing. Therefore, a contract issued by a cooperative can be used by hundreds of separate political units; but if it has the same or higher prices than what a single agency or state contract can get through its own bid, a cooperatively bid contract makes no sense. The AEPA policy for membership permits new agencies to become AEPA Member Agencies upon approval of existing members. If additional Agencies are added, they and their members may procure from existing contracts upon approval of the awarded Vendor Partners and in accordance with their state laws. B. Voluntary Pre-Bid Conference Call AEPA will host a voluntary pre-bid conference call on Thursday, September 14, 2017, for any interested Bidders or potential Bidders. The conference call times are set in the following schedule for each of the four contiguous United States time zones. No pre-registration will be required. Recording of the conference call will be posted on the AEPA Website. Voluntary Pre-Bid Conference Call Schedule – Thursday, September 14, 2017 IFB Eastern Central Mountain Pacific 018-A Technology 10:00 AM 9:00 AM 8:00 AM 7:00 AM 018-B LED Lighting 10:30 AM 9:30 AM 8:30 AM 7:30 AM 018-C Athletic Equipment and Supplies 11:00 AM 10:00 AM 9:00 AM 8:00 AM 018-D Furniture 11:30 AM 10:30 AM 9:30 AM 8:30 AM 018-E MRO 12:00 PM 11:00 AM 10:00 AM 9:00 AM Conference Call Number: 248-209-2400 Conference Call Code: *0102087# C. Questions All questions from Bidders must be submitted online through Public Purchase, AEPA will not accept questions in any other format. All questions received during the IFB process will be available via Public Purchase. All Bidders will be automatically notified through email when AEPA responds to a question asked by a Bidder. It is the Bidders responsibility to check Public Purchase for any questions and answers prior to the bid deadline. Questions received less than fourteen (14) days prior to the bid due date will not be answered. Should AEPA issue an addenda during the solicitation process, all Bidders will be automatically notified through email of the released addenda. AEPA is not responsible for Bidders not acknowledging the issued addenda and not submitting a response according to those changes. Questions regarding this IFB after Bid Opening (October 9, 2017) but prior to the approval of the contract, should be submitted to aepa-bids@googlegroups.com. Questions regarding this IFB after Notification of Approval should be submitted to aepa- president@googlegroups.com. AEPA IFB #018 Part A Page 7 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions D. Bidder Qualifications An essential part of the bid evaluation process is an evaluation to qualify the company being considered. All bids must contain answers, responses and/or documentation to the information requested in the Bid Documents. Any Bidder failing to provide the required information/ documentation may be considered non- responsive, this includes submitting a response not in the proper format. Bidders, within their response, must demonstrate their ability, capacity and available resources to provide the proposed products and services to all of the AEPA Member Agencies indicating an interest in participating in the categories being solicited. The Bidders are required to communicate and demonstrate within their response they have extensive knowledge, background and at least five (5) years of experience with manufacturing, obtaining, delivering, installing, maintaining and/or supporting the product lines of products, equipment, services or software offered. AEPA and/or its Member Agencies reserve the right to accept or reject newly formed companies or companies failing to demonst rate their abilities or capacity solely based on information provided in the bid response and/or its own investigation of the company. E. Bid Security If required, bids shall be accompanied by a satisfactory bid security. This will vary by category and will be noted in Part B. A bidder must include a PDF copy of the bid security with their response on Public Purchase. The Bidder must mail and AEPA must receive the official bid security by the bid due date and time in order to be considered responsive. If a Bidder fails to submit a copy of the bid security via Public Purchase and/or fails to submit the bid security by the due date and time, its response shall be deemed non-responsive and will not be considered. When a bid security is required, the amount of the bid security for each category will be listed in Part B. An acceptable bid security will have the principal being the Bidder and the Association of Educational Purchasing Agencies listed as the Agency of Record. Bid Security may be a one- time bid bond underwritten by a surety company licensed to issue bid bonds in the state of Nevada and said surety to be approved in federal circular 570 as published by the United States treasury department or the equivalent in cash or an irrevocable letter of credit from a FDIC financial institution. The bid security shall remain in force for one hundred twenty (120) days of bid opening. F. Bid Submission 1. Preparation of the Bid Response a. The IFB is published in multiple parts. Part A contains the terms and conditions that apply to all IFB’s in the current series of bids. Part B is the specifications for the bid commodity. The IFB also contains a Bid Proposal Checklist, Forms A – F, all of which are to be filled out in their entirety and submitted online via Public Purchase in their required formats with the Bidder’s response. Some bid categories may contain additional Parts or Forms. All Forms should be uploaded as individual forms. b. All bid responses shall be on the forms provided by AEPA for each IFB found in Public Purchase. c. Bid Forms requiring signatures shall be submitted by the person authorized to sign the bid response. Failure to properly sign the bid documents will result in the response being deemed non-responsive. d. In case of an error in extension of prices in the bid, unit prices shall govern. e. Periods of time, stated as a number of days, shall be in calendar days, not business days. f. It is the responsibility of all Bidders to examine the entire IFB package, to seek clarification of any item or requirement that may not be clear, and to check all responses for accuracy before submitting a bid. Negligence in preparing a bid confers no right of withdrawal after due time and date. g. The Bidders’ ability to follow the bid preparation instructions set forth in this solicitation will also be considered to be an indicator of the Bidders’ ability to follow instructions should they receive an award as a result of this solicitation. Any contract between the AEPA Member Agency and a Bidder requires the delivery of information and data. The quality of organization and AEPA IFB #018 Part A Page 8 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions writing reflected in the bid will be considered to be an indication of the quality of organization and writing which would be prevalent if a contract was awarded. As a result, the bid will be evaluated as a sample of data submission. 2. Format of Bid Submittal a. Bidders will submit all documents, in their required formats, individually, online via Public Purchase by the due date and time of the IFB. Documents must be submitted individually; one merged document encasing the entire response will NOT be accepted. b. The Bid Security, if applicable, must be submitted following the guidelines mentioned in II. Bid Procedures, E. Bid Security. 3. Bid Submittal Documents Document Development: Bid forms for this IFB are published in Public Purchase, in both Word, Excel and PDF formats. Bidders may download the documents once they are registered with AEPA on Public Purchase. All documents must be titled properly and submitted in their required format as noted in the Bid Proposal Checklist. Please scan and upload all documents to Public Purchase following the Bidder’s Proposal Checklist, any additional documents or files other than those listed below that may be requested and/or related to the this IFB. a. Bid Security: Not all categories require a bid security. If required, include a scanned PDF copy of the Bid Security with the Bidder’s proposal on Public Purchase. NOTE: Bidder’s must follow the Bid Security guidelines mentioned above in II. Bid Procedures, E. Bid Security. Failure to follow these guidelines will result in the Bidder being deemed non-responsive and will not be considered. b. Bid Proposal Checklist: This checklist is a final reminder of what documents need to be submitted by a Bidder, and the required title and format when submitting a response online via Public Purchase. c. Form A – Bid Affidavit: Complete the form provided. A signature of the Bidder’s authorized representative is required and a Notary Public must complete this form. Scan to a PDF format and title as per the instructions in Document Development above. If the bid is awarded, the Bidder will be required to produce an original signed and notarized document in paper (hard co py) form for each participating AEPA Member Agency. d. Form B – Acceptance of Bid & Contract Award: Complete the form provided. A signature of the Bidder’s authorized representative is required. Scan to a PDF format and title as per the instructions in Document Development above. If the bid is awarded, the Bidder will be required to produce an original signed and notarized document in paper (hard copy) form for each participating AEPA Member Agency. e. Form C – Company Information & Service Questionnaire: Complete the form provided. The Service Questionnaire seeks information about the Bidder’s pricing structure, service areas, past performance and commerce processes. The Company Information form provides background information on the Bidder’s company. The authorized representative must sign the completed document. Scan to a PDF format and title as per the instructions in Document Development above. • NOTE: An attached letter of line of credit from the Bidder’s chief financial institution is required unless the company is publicly traded. If the company is publicly traded, a complete Annual Financial Report from the most recent year is REQUIRED. Scan the Letter of Line of Credit and/or Annual Report into a PDF document and title as per the instructions in Document Development above. f. Form D – Exceptions and Deviations: Complete the form provided. Exceptions to Terms and Conditions set forth in Parts A and B of this IFB must be noted on this form. If there are no exceptions, the form must be returned with the “no exceptions” box checked and signed by the authorized representative. Explanations of deviations noted in response to standard, product, category and service specifications in Part B - Specifications are required on this form. If there are no deviations, the form must be returned with the “no deviations” box checked and initialed AEPA IFB #018 Part A Page 9 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions by the authorized representative. Scan to a PDF format and title as per the instructions in Document Development above. g. Form E – Discount & Pricing Schedules: Complete the form provided. This form is intended as the cover document for the Bidder’s discount pricing schedule. This form must be signed by the authorized representative. Scan to a PDF format and title as per the instructions in Document Development above. h. Form F – Discount & Pricing Schedules Workbook: Complete the Excel workbook provided. Title the Excel document as per the instructions in Document Development above. Be sure to complete the required tabs as outlined on Form F. i. Warranties, Additional Services: In response to Form F, the Bidder may be asked to provide a price schedule for warranties, etc. This document is created by the Bidder (it is not provided by AEPA) and should be presented in an Excel workbook and titled as per the instructions in Document Development above. j. Additional Discounts: In response to Form G, the Bidder may be select to offer additional discounts/bonuses to AEPA members based on a dollar volume, sizes of orders or other criteria, and must state the formula for arriving at these discounts. This document is created by the Bidder (it is not provided by AEPA) and should be presented in an Excel workbook and titled as per the instructions in Document Development above. k. Price Lists and/or Catalogs: For catalog bids, PDFs of the Bidder’s most recent published catalog(s) or price lists must be included for catalog bids. Each PDF document must be titled as per the instructions in Document Development above. l. State Specific Forms: If required, according to Part C, State Specific Terms and Conditions, submit all state specific required forms, scanned to a PDF format and title as per the instructions in Document Development above. 4. Bid Transmittal – Uploaded to Public Purchase by October 9, 2017, at 1:30 p.m. EDT. It is the responsibility of the Bidder to be certain that the bid submittal has been uploaded in its entirety to Public Purchase, on or prior to the exact due date and time of October 9, 2017, at 1:30 PM EDT. If applicable, a hard copy of the bid security must be in the actual possession of AEPA at Oakland Schools, 2111 Pontiac Lake Road, Waterford, MI 58328, on or prior to the exact due date and time mentioned above. Failure to submit a copy with your response and to send the official bid security to AEPA will result in the Bidder being deemed non-responsive and will not be considered. Bids and bid securities not meeting the due date and time will not be accepted. Bid securities must be submitted in a sealed envelope properly addressed to Association of Educational Purchasing Agencies, with the Bid Number, Bid Category being offered, Bid Due Date and Time, and Bidder’s Name and Address clearly indicated on the envelope or box. Bid securities received late will not be opened and will be deemed non- responsive. If the designated location for receiving the bid security is closed due to an unforeseen circumstance on the day the bid security is due (due date), the bid security will be due at the same time on the next day the building is open. Responsive bids will be opened and the name of each Bidder and other appropriate information will be posted to Public Purchase. G. Bid Evaluation, Approval and Award: Bid responses received will be evaluated in accordance with acceptable standards of cooperative purchasing, set forth in and governed by the Procurement Codes of AEPA Member Agency’s states; AEPA by-laws, policies and procedures; AEPA Member Agencies’ policies and procedures. Approval of prospective Vendor Partners and award of contracts will be made to the lowest responsive and responsible Bidder utilizing the criteria listed in this bid. 1. Responsive Bidder: A responsive bid reasonably and substantially conforms to all material requirements of the solicitation. Bids must be responsive and approved by AEPA to receive award consideration by AEPA Member Agencies. To be determined responsive, the response must meet all of the requirements below: a. Submitted on time. AEPA IFB #018 Part A Page 10 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions b. Materially satisfy all mandatory requirements identified throughout the IFB. c. Must substantially conform to all of the specified requirements in the IFB in the judgment of AEPA and its AEPA Member Agency representatives. d. Any deviation from requirements indicated herein must be stated, in writing, and included with the bid submittal. Otherwise, it will be considered that bids are in strict compliance with all requirements, and any successful Bidder will be held responsible therefore. e. Deviations or exceptions stipulated in Bidder’s response may result in the bid being classified as non- responsive. Language to the effect that the Bidder does not consider this bid to be part of a contractual obligation will result in that Bidder’s response being disqualified. Terms of the IFB that any Bidder considers particularly unwarranted, and to which that Bidder would have to take significant exception in his bid, should be stated clearly and concisely as exceptions and/or deviations. f. In preparing a proposal, the Bidder’s inability to follow the proposal preparation instructions set forth in this solicitation and its inability to provide written responses, narratives, requested and support documentation relating to the Bidder’s qualifications; abilities; capacity; products; specifications; delivery, installation, setup, maintenance; support services and pricing utilized by AEPA evaluators may result in the Bidder’s response to be deemed non-responsive. 2. Non-responsive Bid: Any bid that does not conform to all material requirements of the solicitation including but not limited to: bids received after the deadline; bids that do not contain required items and/or provided in the format required, such as proper and/or signed forms, pricing, catalogs, electronic files; bids that do not contain the proper bid bond where required; failure to meet the specified qualifications, product specifications, stipulated documentation or pricing equal to or better than individual customers and/or cooperatives with equal or lesser volume. Non-responsive bids will not be considered for approval and award. 3. Responsible Bidder: A responsible Bidder is a firm or person with the qualifications, capability and capacity to perform the contract requirements with integrity and reliability, which will assure a good faith performance. AEPA’s approval of a Bidder’s response will make the Bidder available for consideration to the AEPA Member Agencies for contract award. Prior to this recommendation the Contract Oversight committee will determine whether a Bidder is responsible. If a Bidder is approved by AEPA, the AEPA Member Agency reserves the right to determine if said Vendor Partner is responsible in their respective state. Factors to be considered in determining whether the standard of responsibility has been met may include but is not limited to whether a Bidder has: a. Submitted a responsive bid; b. The qualifications stipulated herein that may include but are not limited to adequate financial resources, production or service facilities, personnel, service reputation and experience to make satisfactory delivery of the products, services, or construction, described in the invitation for bids to those AEPA member states who have indicated their participation; c. A demonstrated and documented satisfactory track record of performance in the national market place. d. A satisfactory record of integrity and a reputation of responding to and meeting educational institutions’ needs, adherence of and compliance with federal, state, local and industry standards, rules, regulations and codes; e. Quality and suitability of products and services offered to meet and perform to the specifications, expectations and requirements identified in this bid; f. Supplied all necessary information and data in connection with determining whether a Bidder meets the standard of responsibility. AEPA IFB #018 Part A Page 11 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions 4. Cost Evaluation: a. Cost and price schedules conform to and provide the information required in Part B of this bid; b. Pricing offered that is equal to or better than those offered to individual entities or cooperatives with equal or lesser volume; c. Methodology used by AEPA and its AEPA Member Agencies to approve prospective Vendor Partners and award contracts; d. Line Item Bid: Lowest responsive, responsible Bidder(s); or e. Catalog Bid: Lowest responsive, responsible Bidder(s) is/are determined based on the price evaluation criteria; and by a “Core List” and/or by creating a “Market Basket Study” to compare overall pricing between Bidders. A “Market Basket” is a list of items typically purchased by AEPA Member Agencies and their Participating Entities that represent a cross-section of the types of those items purchased. The selection and quantity of line items evaluated will be at the sole discretion of the AEPA evaluators; f. Based on the cost evaluation, a recommendation will be made to approve a single Bidder or make a multiple Bidder award. H. Contract Award and Implementation An AEPA oversight committee will perform initial bid response review and evaluation and will prepare and make a recommendation to AEPA for its consideration and approval. Those selected Bidders who are approved by AEPA will then be considered by the individual AEPA Member Agencies for contract award. It should be noted that once AEPA has approved the bid response, a Bidder becomes a “Vendor Partner” for AEPA. Recommendations for approval by AEPA will be posted to Public Purchase and the AEPA website on November 10, 2017. Bidders who are being recommended to AEPA by the Bid Committees and will have their proposal reviewed at the Winter Meeting, November 27 through November 29, 2017, will be invited to present for 15 minutes, if approved by AEPA, to the group to educate all 26 states on your company, products, etc. Once the approved Bidders have been notified, it is their responsibility to contact those AEPA Member Agencies (up to 26) who had indicated an interest in participating and send Forms A and B to each of the participating AEPA Member Agencies. Each AEPA Member Agency will review, evaluate and determine which, if any, it will award contracts to. The approved Vendor Partner and the AEPA Member Agency will hold final contract negotiations, if necessary, to work out state specific details of contract implementation including: 1. Acquiring additional information and having discussions on how the awarded contract will be executed. 2. Signing the contract with the AEPA Member Agency. 3. Jointly develop marketing strategies and a plan for contract roll-out activities to the AEPA Member Agency’s Participating Entities (Advertising, flyers, website access, etc.). 4. Establish how orders will be processed, handled and reported. 5. Contract management: Establish how and by whom the day-to-day contract management will be handled and who will be the AEPA Member Agency’ representative. It is not guaranteed that each AEPA Member Agency will enter into a contract with AEPA approved Vendor Partners. The final decision as to the appropriateness of a contract for a Member Agency rests solely with that AEPA Member Agency. III. Responsibilities Of A Vendor Partner A. As an approved AEPA Vendor Partner, the following is expected in support of the contract: 1. Designate and assign a dedicated senior-level contract manager (one authorized to make decisions) to each of the Member Agency accounts. This employee will have a complete copy and must have working knowledge of the contract. AEPA IFB #018 Part A Page 12 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions 2. Train and educate sales staff on what the AEPA cooperative contract is including pricing, who can order from the contract (by state), terms/conditions of the contract and the respective ordering procedures for each state. It is expected that Vendor Partners will lead with AEPA contracts. 3. Develop a marketing plan to support the AEPA contract in collaboration with respective AEPA Member Agencies. Plan should include, but not be limited to, a website presence, electronic mailings, sales flyers, brochures, mailings, catalogs, etc. 4. Create an AEPA-specific sell sheet with a space to add a Member Agency logo and contact information for use by the Member Agencies and the Vendor Partner’s local sales representatives to market within each state. 5. On a quarterly basis, complete the sales and administrative fee report (see attached PDF example) and submit to each Member Agency along with the respective administrative fees to be paid. If there are no sales, a $0 report is required. 6. On a quarterly basis, complete the online Vendor Partner sales report for each Member Agency. 7. Have ongoing communication with the Bid Oversight Chairperson, AEPA Member Agencies and the Member Agencies Participating Entities. 8. Annually attend two (2) AEPA meetings: Annual meeting which is typically in April and the Winter Meeting which is typically the end of November or early December and has historically been held in conjunction with the Association of Educational Service Agencies (AESA) annual conference. At the Annual meeting, Vendor Partners participate in a round table meeting with each of the AEPA Member Agencies. Vendor Partners that have paid the registration fees can participate in the meetings. 9. Trade show support: Strongly encourage participation in national and local conference trade shows to promote the AEPA contracts including, but not limited to the Association of School Business Officials (ASBO), the National Institute of Governmental Purchasing (NIGP), and the National Association of Educational Procurement (NAEP). 10. Increasing sales over the term of the contract with all participating AEPA Member Agencies. IV. Responsibilities of AEPA Member Agencies A. In support of the Vendor Partner and respective contract, each AEPA Member Agency should provide the following support: 1. Designate a staff member(s) that will serve as a point person for the AEPA program within that state. 2. Provide a staff member to work collaboratively with the Vendor Partner to determine the best marketing plan for the respective Member Agency state. Marketing efforts may include but not be limited to the education and use of sales force, a website presence, electronic mailings, brochures, mailings, etc. 3. Develop marketing materials for the Member Agency to use that would include representation of the awarded contracts. Materials may include, but not be limited to, a website presence, electronic mailings, sales flyers, brochures, mailings, catalogs, etc. as determined by the respective Member Agency and what works best within their state. 4. Assist the Vendor Partner to jointly market the contract to potential Participating Entities within the state. 5. Work with the Vendor Partner to identify eligible Participating Entities within the state possibly including providing a list of potential customers. 6. Attendance at the two (2) AEPA meetings which provides for opportunity to interact with Vendor Partners. V. General Terms And Conditions For All Agencies For the purposes of this INVITATION FOR BID, the following terms shall be defined as indicated below: Administrative Fee: The percentage of sales that each Vendor Partner pays the Member Agency for sales in their respective state or states that they extend the AEPA pricing to. Administrative Fees shall be paid to each Member Agency on a quarterly basis. See the Summary of State General Overview for the administrative fees by Member Agency (state). AEPA IFB #018 Part A Page 13 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions Advertising: Vendor Partner shall not advertise or publish information concerning this contract prior to the award being announced by the AEPA Member Agencies. Once the award is made, the Vendor Partner may advertise to the individual Participating Entities that products/services are available. Vendor Partner shall submit ad copy to the AEPA Member Agency for review and approval prior to issuing the advertisement. AEPA Bi-Annual Meetings: AEPA holds two general meetings each year: one in the Spring (usually in the month of April or May) and the other in the Fall (currently the week after Thanksgiving). AEPA requires that all successful contract holders attend both meetings and participate in the vendor round tables at the Spring meeting. AEPA request that all vendor partners register in advance and stay at the AEPA official hotel if rooms are available. All registrations for the meetings are required by the official registration due date as announced by AEPA. AEPA Member Agency: Refers to the entities identified in the table on page two of this document and are listed on the table presented in Part B - Specifications, Item 3: Anticipated Member Agency Participation on this bid, that has chosen to participate in this bid/category. "Direct or Indirect Participation" may include their involvement through the formulation of any part of a procurement activity; the influencing of the content of any term, condition and/or specification; the evaluation, investigation, auditing and/or the rendering, of advice, recommendation, decision, approval, disapproval and the award and implementation of procurement contract. Not every listed entity may elect to participate in this bid once the responses are reviewed and approved. Amendment of Bid: A bid may be amended up to the time of opening by submitting a sealed letter to the place where the bids are received as indicated on the front of this solicitation. Applicable Law: The laws of the state of the respective AEPA Member Agency shall govern any resulting contract of this bid. Suits pertaining to this contract may be brought only in courts in the County and State as prescribed by the AEPA Member Agency. Both parties agree that the Uniform Commercial Code, as adopted by the State of the AEPA Member Agency, shall fully apply. The Vendor Partner shall comply with any and all laws, whether local, state, federal or otherwise, applicable to any aspect of the work to be performed in relation to the resulting contract. It shall be the Vendor Partner’s responsibility to identify, make themselves aware of and determine the applicability and requirements of any such laws and to abide by them. Approval and Awarding of Contract: AEPA and its AEPA Member Agencies reserves the right to approve and award a contract to one Bidder, to make multiple approvals and awards, to reject any or all bids in whole or in part, to waive any minor formalities or irregularities in any bids, and to accept bids, which in its discretion and according to law may be in the best interest of the AEPA Member Agencies and their Participating Entities. A response to this solicitation is an offer to contract with the AEPA Member Agencies based upon the terms, conditions, and scope of work and specifications contained in this invitation. A solicitation does not become a contract unless and until it is accepted, recommended and approved by AEPA and awarded by the individual AEPA Member Agency. A contract is formed when an AEPA Member Agency administrator and, if required, an AEPA Member Agency Board approves and signs the Acceptance of Bid and Contract Award Form (see Form B) document, eliminating the need for a formal signing of a separate contract. Assignment: No right or interest in this contract shall be assigned or transferred by the Vendor Partner without prior written permission by AEPA and its AEPA Member Agencies, and no delegation of any duty of the Vendor Partner shall be made without prior written permission by the AEPA Member Agency. AEPA and its AEPA Member Agencies shall not unreasonably withhold approval and shall notify the Vendor Partner within fifteen (15) days of receipt of written notice by the Vendor Partner. Audit Rights: In accordance with applicable law of the State of the AEPA Member Agency, the Vendor Partner’s books and pertinent records related to this contract may be audited at a reasonable time and place. Authority: This solicitation, as well as any resulting contract/agreement, is issued under the general authority of the State laws of the AEPA Member Agency and those identified within the AEPA Member Agencies’ Specific Terms and Conditions, Part C, (see also Procurement Code below). Internal or external Cooperative Purchasing Agreements between the AEPA Member Agency and Participating Entities may exist. AEPA IFB #018 Part A Page 14 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions Bid Opening: Bids shall be opened in the manner designated in this document. The name of each Bidder shall be posted to Public Purchase and the AEPA website. Bid Security: For specific categories, there are AEPA Member Agencies that require that respondents to a bid submit a form of bid security executed by a surety company authorized to do business in the state of Nevada and said surety to be approved in federal circular 570 as published by the United States treasury department or the equivalent in cash or an irrevocable letter of credit from a FDIC or nationally recognized financial institution. The requirement for a bid security will be specified in Part B of the IFB. The bid security shall remain in force for a period of One Hundred Twenty (120) days of bid opening. Bid Security must accompany the Vendor Partner’s bid response when submitted and uploaded with other bid documents to Public Purchase. If applicable, a hard copy of the bid security must be in the actual possession of AEPA at Oakland Schools, 2111 Pontiac Lake Road, Waterford, MI 48328, on or prior to the exact due date and time mentioned in this bid. If the Bidder fails to submit the bid security, its response will be deemed non-responsive. Bidder/Vendor Partner Definitions Bidder, Offeror and Vendor Partner are interchangeable and are used to identify the person(s) or firm(s) submitting a response to an Invitation for Bid. 1. Prospective Bidder: has notified AEPA of a desire to bid by registering on the AEPA website. “Bidder” has submitted a bid to AEPA in response to an Invitation for Bid (IFB). 2. Recommended Bidder: has been approved by AEPA for its AEPA Member Agencies for contract consideration. 3. Vendor Partner: has entered into a contract with a participating AEPA Member Agency or subsequently a Participating Entity. Bidder Acceptance Period: In order to allow AEPA Member Agencies the opportunity to evaluate the bids, AEPA requires that a bid in response to this solicitation be valid and irrevocable for one hundred twenty-days (120) after opening time and date. Bonding: The Vendor Partner agrees to provide all performance and payment bonds executed by a surety company authorized to do business in the individual AEPA Member’s state and said surety to be approved in federal circular 570 as published by the United States treasury department, the state or the local governing authority, in an amount equal to one hundred percent of the price specified in the contract; when required by an AEPA Member Agency or Participating Entity at the time a contract is executed. If the Vendor Partner fails to d eliver any required performance or payment bonds, the AEPA Member Agency or Participating Entity shall not execute the contract with the Vendor Partner and the appropriate AEPA Oversight Committee shall be notified of such failure and shall take the appropriate action. Brand Names: The use of the name of a manufacturer, brand, make or catalog number does not restrict the Bidder. Brand names and model numbers are used to indicate the character, quality and/or performance equivalence of the commodity on which bids are submitted. Bidders may submit alternates. However, the AEPA reserves the right to decide whether alternatives to the identified manufacturer and brand are in fact equal to the product, equipment and/or service described in the invitation. AEPA’s decision shall be final. Buyer: Identifies the AEPA Member Agencies and their Participating Entities that acquire and purchase commodities, supplies, materials, equipment and services under AEPA Member Agencies’ awarded contracts. Captions, Headings and Illustrations: The captions, illustrations, headings and subheadings in this solicitation are for convenience, enjoyment and ease of perusal only and in no way define, limit or describe the scope or intent of the request. Certification: By signature in the bid section of the Contract Award page, the Bidder certifies: the submission of the bid did not involve collusion or other anti-competitive practices; the Bidder shall not discriminate against any employee, or applicant for employment in violation of Federal and State Laws (see Federal Executive Order 11246); AEPA IFB #018 Part A Page 15 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions the Bidder 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 the submitted bid; and the Bidder agrees to promote and offer to AEPA Member Agencies and Participating Entities only those materials and/or services as stated in and allowed under resultant contract(s) awarded. Christian Doctrine: Any federal, state and local governing authority’s/jurisdiction’s statutes, codes, rules and regulations referenced and/or govern the products, services and activities relating to and are part of this solicitation, whether or not physically noted or included, shall be complied with and adhered to as required. It is sole responsibility of the Bidder to perform and complete any necessary research and investigation required to make themselves aware of and comply with this item. Clarification: As used in this solicitation, clarification means communication with a Bidder for the sole purpose of eliminating minor irregularities, informalities or apparent clerical mistakes in the bid. It is achieved by explanation or substantiation, either in response to an inquiry by the AEPA Member Agency or as initiated by the Bidder. Clarification does not give the Bidder an opportunity to revise or modify its bid. Commercially Available Catalog: A published paper catalog or an online website that is widely distributed or accessible. It is made available to the general public or schools and contains a verifiable price, along with product descriptions, SKU numbers, and photographs. A commercially available catalog is distinct from a custom catalog or website, whose prices and offerings are tailored to niche audiences. Competitive Range: AEPA and its AEPA Member Agencies reserve the right to establish a competitive range of acceptable responses as part of the evaluation process as defined herein. Responses below the competitive range will be determined to be unacceptable and will not receive further consideration. Contract Documents: AEPA Member Agency will review proposed contract documents. Vendor Partner’s contract document shall not become part of AEPA Member Agency’s contract with Vendor Partner unless and until an authorized representative of an AEPA Member Agency reviews and accepts it. Construction: Each AEPA Member Agency within their state statutes defines what constitutes construction, identifies the policies, rules, regulations and codes that govern construction projects. AEPA has defined construction as building, altering, repairing, installing or demolishing in the ordinary course of business any road, highway, bridge, parking area or related project; building, stadium or other structure; airport, subway or similar facility; park, trail, athletic field, golf course or similar facility; dam, reservoir, canal, ditch or similar facility; sewage or water treatment facility, power generating plant, pump station, natural gas compressing station or similar facility; sewage, water, gas or other pipeline; transmission line; radio, television or other tower; water, oil or other storage tank; shaft, tunnel or other mining appurtenance; electrical wiring, plumbing or plumbing fixture, gas piping, gas appliances or water conditioners; air conditioning conduit, heating or other similar mechanical work; or similar work, structures or installations. Construction shall also include: leveling or clearing land; excavating earth; drilling wells of any type, including seismographic shot holes or core drilling; and similar work, structures or installations. Cooperative Procurement: Some individual state procurement codes may contain cooperative purchasing statutes that state any state agency or local public body may either participate in, sponsor or administer a cooperative procurement agreement for the procurement of any services, construction or items of tangible personal property with any other state agency, local public body or external procurement unit in accordance with an agreement entered into and approved by the governing authority of each of the state agencies, local public bodies or external procurement units involved. The cooperative procurement agreement shall clearly specify the purpose of the agreement and the method by which the purpose will be accomplished. Any power exercised under a cooperative procurement agreement entered into pursuant to each state’s procurement code shall be limited to the central purchasing authority common to the contracting parties, even though one or more of the contracting, parties may be located in different states. Cooperative Purchasing Contracts: The Bidder agrees that all the prices, terms, warranties and benefits granted by the Bidder to AEPA Member Agencies or Participating Entities through this contract will be equal to or better AEPA IFB #018 Part A Page 16 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions than those offered to any present or future customer or cooperative that have equal or lesser volume. If the Bidder shall, during the term of this Contract, enter into arrangements with any customer or cooperative providing greater benefits or terms that are more favorable, the Bidder shall notify the AEPA oversight committee chairman and offer said prices, terms, warranties and benefits to all AEPA Member Agencies. The following shall be noted: 1. AEPA and its AEPA Member Agencies reserves the right to accept or reject the Bidder’s response if it is determined it does not comply with the above based on their knowledge, investigation, review and findings of Bidders’ submitted prices. 2. In the event the Vendor Partner offers lower prices to another customer or cooperative, AEPA and its AEPA Member Agencies shall notify the Vendor Partner of the deviation and request written justification. Based on AEPA and its AEPA Member Agencies’ investigation, review and findings, AEPA reserves the right to take following actions: to request the Vendor Partner to immediately adjust its AEPA’s offered prices to match the lower prices offered, to work with the Vendor Partner to mediate and resolve the situation; or to notify the Vendor Partner that it intends to suspend and/or terminate their contract. Cost of Bid Preparation: Neither AEPA nor any AEPA Member Agency shall reimburse the cost of developing, presenting or providing any response to this solicitation. Credit Hold: The Bidder must agree not to place the AEPA Member Agency and/or its Participating Entity on “credit hold” without 10-days advanced notice in writing, either by letter, facsimile or email to the AEPA Member Agency and the Participating Entity. [The AEPA Member Agencies believes it is better for the Vendor Partner if the AEPA Member Agency places the slow-paying Agency Member on “credit hold;” if a Vendor Partner places the Participating Entity on credit hold, agencies that pay promptly are penalized. I f, on the other hand, the Member Agency places the offending Participating Entity on “credit hold”, payment is more likely to result and only the offender is disciplined. Delivery Terms, Conditions and Requirements 1. Delivery: is to be made within the specified time identified in Part B Specifications for each bid category, unless otherwise stipulated in writing and accepted by all parties (Buyer placing order and Vendor Partner). The Vendor Partner agrees to notify Buyer if an order cannot be processed within the specified period and/or the agreed upon timelines. 2. The title and risk of loss of material or service: shall not pass to the Buyer purchasing the material or services until it actually receives the material or service at the point of delivery and they have been accepted, unless otherwise provided within this document or individual project’s contract. 3. Ownership of products and services: happens only after receipt and acceptance of delivery by the Buyer. The Buyer will be the determining judge of whether materials and services delivered under the purchase order/contract satisfy the specifications and requirements as identified in the contract/order. 4. Fungible Goods: Title to an undivided share or quantity of an identified mass of fungible goods will not pass to a Buyer until a separation of the purchased share has been made, delivered and received. 5. Shipping Terms: See Part B Specifications to determine how the shipping and handling costs are to be addressed; this varies based on the specific bid category. Vendor Partner shall retain title and control of all goods until they are delivered and received. All risk of transportation and all related charges shall be the responsibility of the Vendor Partner. Shipping shall be F.O.B. destination. The Vendor Partner shall file all claims for visible or concealed damage. AEPA Member Agency, or the receiving Buyer, will notify the Vendor Partner and/or Freight Company promptly of any damaged goods and shall assist the freight company/Vendor Partner in arranging for inspection. No F.O.B. vessel, car or other vehicle terms will be accepted. AEPA IFB #018 Part A Page 17 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions a. Shipping Costs: Products may be shipped without additional cost. If shipping is allowed per Part B Specifications and charged, the actual cost of delivery may be added to an invoice. No COD orders will be accepted. b. Shipment under Reservation: Vendor Partner is not authorized to ship materials under reservation and no tender of a bill of lading will operate as a tender of the materials. c. Shipping Errors: Vendor Partner agrees that shipping errors will be at the expense of the Vendor Partner. For example, if a Vendor Partner ships a product that was not ordered, it is the responsibility of the Vendor Partner to pay for return mail or shipment. 6. Stored Materials: Upon prior written agreement between Vendor Partner and Buyer, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Buyer prior to payment. Such materials must be stored and protected in a secure location, and be insured for their full value by Vendor Partner against loss and damage. Vendor Partner agrees to provide proof of coverage and/or addition of Buyer as an additional insured upon Buyer’s request. Additionally, if stored offsite, the materials must also be clearly identified as property of Buyer and be separated from other materials. Buyer must be allowed reasonable opportunit y to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Buyer, it shall be Vendor Partner's responsibility to protect all materials and equipment. Vendor Partner warrants and guarantees that title for all work, materials and equipment shall pass to Buyer upon final acceptance. Payment for stored materials shall not constitute final acceptance of such materials. 7. Improper delivery: Unless contrary to other parts of this solicitation, if the goods, services or tender of delivery fail in any respect to conform and adhere to the terms, conditions, specifications of the resulting contract based on this solicitation and/or the individual Buyer’s contract/order. The Buyer may reject the whole, accept the whole, or accept any commercial unit or units and reject the rest. 8. Defective Goods: Vendor Partner agrees to pay for return shipment on goods that arrive in a defective or inoperable condition. Vendor Partner must agree to arrange for return shipment of damaged goods. 9. Liquidated Damages: The Buyer may suffer financial loss if the project is not substantially complete or products or services are not delivered on the established date. The Vendor Partner (if applicable Surety) shall be liable for and shall pay to the Buyer, not as a penalty, the sums that may be hereinafter agreed upon as liquidated damages per calendar day of delay until the work and/or delivery is determined by Buyer to be complete and/or delivered. Liquidated damages will be determined on a project-by-project basis. 10. No Replacement of Defective Tender: Every tender of materials must fully comply with all provisions of this contract. If tender is made which does not fully conform, this shall constitute a breach and Vendor Partner shall not have the right to substitute a conforming tender without written consent of all parties involved. 11. Default in One Installment to Constitute Total Breach: Vendor Partner shall deliver conforming materials in each installment or lot of this contract and may not substitute nonconforming materials. The AEPA Member Agency reserves the right to declare a breach of contract if the Vendor Partner delivers nonconforming materials or services to any Buyer under this contract. 12. Restocking Fees: A restocking fee may only be charged on products ordered and that have been delivered to the Buyer’s site in accordance with the order/contract. Restocking fees in excess of 15% will not be allowed. Restocking fees may be waived, at the option of the Vendor Partner. The Vendor Partner must identify, specify and justify any exceptions or deviations taken. AEPA IFB #018 Part A Page 18 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions Deviations or Exceptions to Requirements: Deviations or exceptions stipulated in a Bidder’s proposal may result in rendering of the response non-responsive. AEPA and its AEPA Member Agencies reserve the right to determine whether the deviation or exception does or does not serve the interest of or is not advantageous or acceptable to AEPA, its AEPA Member Agencies or Participating Entities. Disbarment and Suspension: By signature accepting Terms and Conditions, it is certified on behalf of the company and their key employees that neither the company nor its key employees have been proposed for debarment, debarred, or suspended by any State or Federal Agency within the last five years. EDGAR Compliance: Vendors may be required to complete Education Department General Administrative Regulations (EDGAR) compliance certification. EDGAR regulations govern all federal grants awarded by the U. S. Department of Education on or after December 26, 2014. Eligible Entities: The individual AEPA Member Agency’s state procurement code and statutes provides for cooperative procurement and identifies those types of agencies, entities and organizations that are allowed to participate in and take advantage of cooperative procurement contracts solicited and approved by AEPA and awarded by AEPA Member Agencies. Therefore, depending on the individual state procurement codes and statutes federal agencies, state agencies, local public bodies and Non-Profit/Non-Public entities may be allowed to participate in and utilize AEPA solicited, approved and AEPA Member Agency awarded contracts. Estimated Quantities: In Part B: Bid Specifications of this solicitation AEPA and AEPA Member Agencies’ have indicated their anticipated volume for the products and services being solicited in this solicitation. It is anticipated that a considerable amount of activity will result from this solicitation; however, there is no guarantee of future order quantities due to the fact that this is an indefinite quantity contract. Usage depends on the actual needs of the AEPA Member Agencies, their Participating Entities and the marketing by the Vendor Partner. Experience, Proven Track Record and Past Performance Information: has been determined by AEPA and its AEPA Member Agencies to be a major factor in considering if a Bidder possesses the ability, capacity and resources to acquire, manufacture, deliver, construct, install, services and support all of the procurement functions and activities involved in a national contract of this nature. AEPA and its AEPA Member Agencies reserves the right to accept or reject an offer, if in its judgment, the Bidder failed to demonstrate the following: a proven track record in the products and services offered (qualifications, knowledge and background); is willing and able to deliver the proposed products and/or services to ninety (90%) percent of those participating AEPA Member Agencies identified in Part B: Specifications; and has provided relevant information regarding its actions under previously awarded contracts to schools, local, state, or federal agencies. It includes the Bidder’s record of conforming to specifications and to standards of good workmanship; the Bidder’s record of containing and forecasting costs on any previously performed cost reimbursable contract schedules, including the administrative aspects of performance; the Bidder’s history for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Bidder’s businesslike concern for the interests of the customer. External Procurement Unit: means any procurement organization not located in a current AEPA Member Agency state which, if located in the state, would qualify as a federal or state agency or a local public body. Various state procurement codes allow external procurement units to offer their contracts and for agencies within those states to utilize those contracts to acquire goods and services. Federal Agency [25] USC 3001 (4): Is defined as any department, agency, or instrumentality of the United States, any executive department, military department, government corporation, government-controlled corporation, or other establishment in the executive branch of government, including the Executive Office of the President or any independent regulatory agency established through legislative and/or administrative action. Federal Requirements: Vendor Partner agrees, when working on any federally assisted projects with more than $2,000 in labor costs, to comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all applicable sections of the act and the Department of Labor’s supplemental regulations (29 CFR parts 5 and 1926), AEPA IFB #018 Part A Page 19 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions the Civil Rights Act of 1964 as amended, the Davis-Bacon Act (Section 29, CFR Part 5), the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in the Department of Labor regulation (29 CFR part 3), and the Equal Opportunity Employment requirements of Executive Order 11246 as amended by Executive Order 11375 (Labor regulations (41 CFR Part 60)). In such projects, the Vendor Partner agrees to post wage rates at the work site and submit a copy of their payroll to the AEPA Member Agency for their files. In addition, to comply with the Copeland Act, the Vendor Partner must submit weekly payroll records to the AEPA Member Agency. The Vendor Partner must keep records for three (3) years and allow the federal grantor agency access to these records, upon demand. All federally assisted contracts to AEPA Member Agency that exceed $10,000 may be terminated by the federal grantee for noncompliance by the Vendor Partner. In projects that are not federally funded, Bidder must agree to meet any federal, state or local requirements, as necessary. In addition, if compliance with the federal regulations increases the contract costs beyond the agreed on costs in this solicitation, the additional costs may only apply to the portion of the work paid by the federal grantee. On all other projects, the prices must agree with this contract. Vendor Partner shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C.) 187 [h], and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et. Seq.); a nd, Executive Order 11738 and Environmental Protection Agency (EPA) regulations (40 CFR Part 15), which prohibit the use under non-exempt federal contracts, grants, or loans of facilities included in the EPA list of violated facilities Force Majeure: Except for payments of sums due, neither party shall be liable to the other, nor be deemed in default under this contract, if and to the extent that such party’s performance of this contract is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence, including, but not limited to the following: acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; snow; earthquakes; tornadoes or violent winds; hail storms; lockouts; injunctions-intervention-acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure, which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring it notifies the other party of the existence of the force majeure, and shall be deemed to continue as lo ng as the results or effects of the force majeure prevent the party from resuming performance in accordance with the contract. Force majeure shall not include late deliveries of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences. If either party is delayed at any time by force majeure, the delayed party shall notify the other party in writing of such delay within forty -eight (48) hours. Form of Contract: The form of contract for this solicitation shall be the Invitation for Bid, the awarded Bidder response and properly issued purchase orders and/or contracts in accordance with this Invitation for Bid. If a firm submitting a bid requires AEPA Member Agency and/or Participating Entities to sign an additional contract, a copy of the proposed contract must be included with the bid. Gratuities: AEPA Member Agency may, by written notice, cancel this contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor Partner or any agent or representative of the Vendor Partner, to any employee of the AEPA Member Agency with a view toward securing a contract or with respect to the performance of this contact. However, paying the expenses of normal business meals, which are generally made available to all eligible school and government employees, shall not be prohibited by this paragraph. Samples of software, equipment, or hardware provided to the AEPA Member Agency for demonstration, evaluation, or loan purposes are not considered gratuities. Indemnification: Vendor Partner will indemnify, defend and save harmless AEPA, its Members, Participating Entities, its employees from any and all claims, demands, suits, proceedings, loss, cost and damages of every kind and description, including any attorney’s fees and/or litigation expenses, which might be brought or made against or incurred by, AEPA, its Members, Participating Entities, its employees on account of loss or damage to any property or for injuries to or death of any person, caused by, arising out of, or co ntributed to, in whole or in part, by reasons of any act, omission, professional error, fault, mistake, or negligence of Vendor Partner, its employees, agents, representatives, or Subcontractors, their employees, agents, or representatives in connection with or incident to the performance of this agreement, or arising out of worker’s compensation claims, unemployment compensation claims, or unemployment disability compensation claims of employees of Vendor Partner, and/or its Subcontractors AEPA IFB #018 Part A Page 20 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions or claims under similar such laws or obligations. Vendor Partner’s obligation under this section will not extend to any liability caused by the sole negligence of AEPA, its Members, participating Entities, its employees. The liability of AEPA, its Members, Participating Entities or its employees will be subject in all cases to the immunities and limitations of Nevada or the AEPA Member Agency’s state laws. Installation: Equipment and items of construction shall be installed in accordance with the manufacturer’s instructions, specifications, in accordance with any federal, state, local rules, regulations, codes and the schedule determined by the AEPA Member Agency and/or Participating Entity. Insurance: Prior to executing a contract with the AEPA Member Agency or a Participating Entity under this solicitation, if required, the Vendor Partner shall procure, maintain and provide certification from insurer(s) for minimal coverage during the life of any resulting contract/agreement, to include but not limited to comprehensive public and/or commercial liability, errors and omissions, workman’s compensation, unemployment and other insurance coverage required by and applicable to each AEPA Member Agency state’s statutes and federal laws in which proposed products and services will be offered and provided. Evidence of the required insurance for each of those AEPA Member Agencies' state, who indicated an interest to participate in this solicitation, identified in Part B: Specifications by providing written evidence and/or documentation from your insurer(s) indicating your firm has in place the type and amount of coverage required by each of the states. The Bidder has the sole responsibility to conduct and perform the necessary research to make themselves aware of and to understand each states requirements. 1. Certificate of Insurance: The Vendor Partner shall provide, as required, a certificate of insurance for commercial liability insurance naming the AEPA Member Agency and or its Participating Entity as the certificate holder (co-insurer). All insurance policies are to be executed by an insurance company authorized to do business in those AEPA Member Agency’s states participating in this solicitation. 2. Subcontractor’s Insurance: Prior to commencing any work, any Subcontractor shall procure and maintain, at its own expense until final acceptance of the work, insurance coverage in a form and from insurers acceptable to the prime Vendor Partner. All Subcontractors shall hold the appropriate type and amount of insurance coverage required by the AEPA Member Agency state in which the work is being done and will provide insurance, which waives all subrogation rights against the prime Vendor Partner, AEPA Member Agency and its Participating Entities. Invalid Term or Condition: If any term or condition of this solicitation and any resulting contract shall be held invalid or unenforceable, the remainder of this solicitation and any resulting contract shall not be affected and shall be valid and enforceable. Late Bids: Late bids will not be accepted. All bids must be submitted online via Public Purchase by the due date and time of this IFB. Leases and Rentals: Vendor Partner may allow AEPA Member Agency or Participating Entity to rent, lease or lease purchase. Buyer must receive a copy of the executed leasing documents prior to processing a purchase order. Vendor Partner agrees that leases will be in compliance with the Uniform Commercial Code and the Buyer’s individ ual state laws. All terms of leasing must be included in the bid, with interest rates described as related to a published government standard. Vendor Partner must indicate in their response to this solicitation and in any leasing/rental agreement, all costs (must be itemized) associated with early termination and/or the returning of leased or rented equipment that are the responsibility of the Buyer. No sale of a contract to a third party will be made without informing the Buyer of the transfer. If Vendor Partner sells a lease contract to a third party, the cost of return of the product must not be greater than the cost of return to the original Vendor Partner. Legal Remedies: All claims and controversies shall be subject to the Procurement Code of the state in which the AEPA Member Agency or Participating Entity resides. AEPA IFB #018 Part A Page 21 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions Licenses and Registration: Each state and local jurisdictions in which a transaction may occur may require various types of licenses and/or registrations (business, construction Vendor Partner, etc). Likewise, there are various policies, procedures, rules, regulations, codes and laws that govern such licensing/registration within federal, state and local jurisdictions, therefore, it is the Bidder’s/Vendor Partner’s responsibility to be aw are of, obtain and maintain in current status all federal, state and local licenses, registrations and bonds required for the performance and delivery of any and all products and services offered in its response to this solicitation. It is also the responsibility of the Bidder/Vendor Partner to ensure that any Subcontractors performing under this bid hold and maintain the appropriate licenses/registrations. The Bidder will submit copies of licenses, registration and/or other documentation to substantiate they hold the appropriate licenses/registration required by individual jurisdictions covered by this solicitation. Liens: All materials and services shall be free of all liens. Local Public Body: A political subdivision of the state and the agencies, instrumentalities and institutions thereof. Such agencies may include but are not limited to two-year and four-year post-secondary educational institutions, pre-k-12 institutions, counties, cities and municipalities, except as exempted pursuant to the Procurement Code within each state. Entities within these groups may include but are not limited to political subdivisions, administrative units, councils, commissions, boards and organizations that either by federal, state or local legislative or administrative action or appointment and have been established or given the responsibility and authority to act, conduct and perform various activities on behalf of the federal or state agency or local public body. Manufacturer's Representative: Dealers, distributors and installers of specialized facility technology, electrical, mechanical systems and equipment, who, if permitted by the Scope of Work, submit an offer as a manufacturer’s representative, must be able to provide documented evidence from and/or between it and the manufacturer certifying that the Bidder is a bona fide manufacturer’s agent for the specific products/services proposed, the Bidder is authorized to submit an offer on such products/services, and a guarantee that, should the Bidder fail to satisfactorily fulfill any obligations established as a result of the award of contract, the manufacturer will either assume and discharge such obligations covered by warrantees or provide for their competent assumption by one or more bona fide representatives for the term of the contract/warrantee period. Bidders of software, mechanical devices, electrical products/systems and other commodities that make up systems/networks must be able to provide the same information from a manufacturer. Modification by Buyer: Vendor Partner shall have no obligation with respect to any patent and copyright infringement claim based upon Buyer’s modification of the equipment and/or software, or its operation or use with apparatus, data or programs not furnished by Vendor Partner. However, one Buyer’s action will not preclude Vendor Partner’s obligation to others not having modified their equipment or software. Money: All transactions are payable in U.S. currency only. Multiple Approvals and Awards: Throughout the United States, AEPA Member Agencies have a large number of Participating Entities who take advantage of and utilize awarded contracts. In order to assure that any issued contract will allow these entities to fulfill current and future needs and requirements, AEPA and its AEPA Member Agencies reserve the right at its discretion to approve and/or award one contract, multiple contracts or no contracts. The actual use of any contract will be at the sole discretion of the AEPA Member Agency or the Participating Entity. Nonexclusive Contract: Any contract resulting from this solicitation shall be approved and awarded with the understanding and agreement that it is for the sole convenience of the AEPA, its AEPA Member Agencies, their Participating Entities and they reserve the right to obtain like goods and services from another source. Non-Profit, Non-Public Educational Institutions and other Non-Profit Organizations (Section 501(c)(3) of the Internal Revenue Code, Federal Tax Code): is defined as charitable, religious, educational, public service, support and scientific organizations, entities, corporations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of the Federal Tax Code. AEPA IFB #018 Part A Page 22 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions Notice: Notices under this solicitation/contract will be in writing and will, for all purposes, be deemed to have been fully given when sent by registered or certified mail, return receipt requested, postage prepaid, email with appropriate verification, properly addressed to the respective parties as specified herein or at such other address as may be specified by either party from time to time. Novation: If the original Vendor Partner sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor in interest must guarantee to perform all obligations under this contract. AEPA and its AEPA Member Agencies reserves the right to recommend approval, acceptance or rejection of the new party. A simple change of name agreement will not change the contractual obligations of the Vendor Partner. Ordering Procedures: AEPA has established a standard and special ordering process as defined below. Additionally, some AEPA Member Agencies also prefer or utilize electronic ordering as the method for the transactions. For details on the ordering processes utilized for each AEPA Member Agency, please reference the Summary of State General Overview. 1. Standard Ordering Process: Buyer will select items for purchase from provided published catalog/price list or Vendor Partner will issue a quote upon request; the vendor will also send a copy of their quote to the state AEPA Member Agency for all construction related bids. Buyer will prepare and issue a purchase order to the Vendor Partner based on the product catalog, pricelist or Vendor Partner’s quote. Vendor Partner will deliver and invoice the Buyer; Buyer will acknowledge delivery and acceptance by issuing the Vendor Partner payment. Vendor Partner, based on the agreed to process, will report and submit payment for the AEPA Member Agency’s administrative fee to the AEPA Member Agency (quarterly). Vendor Partner shall provide the transaction and volume reporting in the AEPA report format. 2. Special Ordering Process: a. Buyer will select items for purchase from provided published catalog/price list or Vendor Partner will issue a quote upon request; b. Buyer will prepare and issue a purchase order to the AEPA Member Agency based on the product catalog, pricelist or Vendor Partner’s quote; c. Vendor Partner will deliver the goods and/or service to the Buyer and will invoice the AEPA Member Agency; d. AEPA Member will invoice the Buyer and add their administrative fee to the invoice price; e. AEPA Member will pay Vendor Partner for the goods and/or service once the Buyer has confirmed acceptance. f. Vendor Partner shall provide the transaction and volume reporting as stipulated on a quarterly basis in the AEPA report format. 3. Electronic Ordering (Optional by AEPA Member Agency): a. When a Vendor Partner based online ordering system is available, the following functionality is preferred: b. Electronic ordering systems shall be secure and password protected. Entering the system with the designated password shall automatically send the user to AEPA contract pricing. c. When the Buyer requires purchase orders, electronic ordering system shall require entry of a purchase order number, credit card or purchasing card prior to accepting an order. d. Electronic ordering systems shall block excluded items not covered by the AEPA contract from any order. e. Electronic ordering systems shall automatically assign correct contract prices to applicable orders. f. Electronic ordering systems that list catalog price and AEPA discounted price. g. Electronic ordering systems shall track orders and purchases covered by the AEPA contract for reporting and audit purposes. Vendor Partner shall provide the transaction and volume reporting in the AEPA format. AEPA IFB #018 Part A Page 23 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions h. Electronic ordering systems’ pricing shall include the AEPA Member Agencies administrative fee required by the AEPA Member Agencies. i. Electronic ordering systems that allow AEPA Member Agencies to print an archived (historical) copy of a Buyer’s order. Order of Precedence: In the event a conflict occurs the following order of precedence shall prevail: 1. Member Agency Specific terms and conditions 2. Specifications and scope of work 3. General terms and conditions 4. Attachments and exhibits 5. Documents referenced or included in the solicitation Overcharges by Antitrust Violations: Member Agency maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the Buyer. Therefore, to the extent permitted by law, the Vendor Partner hereby assigns to the Member Agency any and all claims for such overcharges as to the goods or services used to fulfill the contract. Parole Evidence: This contract represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. Participating Entity: Those Public and Private School Districts, Educational Service Agencies, Intermediate School Districts, Higher Education Institutions, Federal Agencies, State Agencies, Local Public Bodies and Non- Profit Non- Public Corporations, Organizations, etc. that have authorizations to utilize the AEPA Member Agencies’ Awarded Contracts. Patent and Copyright Indemnification: To the extent permitted by law, Vendor Partner shall indemnify and hold harmless Member Agency and its Participating Entities against any liability, including costs and expenses, for infringement of any patent, trademark or copyright arising out of contract performance or use by Member Agency and its Participating Entities of materials furnished or work performed under this contract. Member Agency and its Participating Entities shall reasonably notify Vendor Partner of any claim for which it may be liable under this paragraph. Piggy Back Contracts: In the event a new Member Agency joins AEPA, the Member Agency may elect to award any and all existing contracts if permissible by their State laws. Pricing: Within Part B: Bid Specifications and in the required forms, AEPA has identified and stipulated the type of bid and the pricing methodologies that are to be utilized to price and submit bid prices. The Vendor Partner agrees that the cost for any item bid or offered on this contract will be uniform for all states, and that any differences in pricing are due to state specific installation and labor costs, AEPA Member Agency’s Administrative Fee, etc. The Bidder must provide their pricing as requested utilizing the various pricing methodologies specified. The Bidder/Vendor Partner must agree that they will not offer or provide a better price to any individual entities or cooperatives with equal or lesser volume than that through AEPA. Please note the following that relate to pricing: 1. Primary Pricing Strategies: All Bidders will be required to submit “Primary Pricing” in the form of either “Catalog Pricing” or “Line-Item Pricing” or a combination of these two pricing strategies as defined in Part B, bid specifications. Bidders are also encouraged to offer OPTIONAL pricing strategies including “Hot List” and “Volume Discounts”. a. Catalog Pricing: Catalog pricing is utilized when the products and/or services solicited are clearly identified with set and specific characteristics, attributes and configurations that are identifiable as a stand-alone single unit and can be listed and priced as a single unit with options that can be added to enhance and/or improve its operation and functionality. The AEPA IFB #018 Part A Page 24 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions Bidder offers a fixed discount(s) off retail price, catalog price, published price or list price. The discounts may be for the entire commercially available catalog, for specific products, product lines, manufacturers or category of products as determined by the Bidder. a. Discounts: Discount offers must clearly identify percent of discount to apply to a commercially available catalog, manufacturer, MSRP, retail or nationally published price lists. Bidders shall identify and stipulate if the discounts apply to the entire catalog/price list, specific product lines, manufacturers and/or categories of products. Bidder shall agree that there will be no reduction in discount(s) during the term of the contract. b. New Catalogs/Price Changes: New catalogs and corresponding nationally published price lists may be submitted throughout the term of the contract and shall be submitted to the AEPA Contract Oversight Committee for review prior to release to all AEPA Member Agencies. Prices may change based on manufacturer’s price changes, new published pricing or price lists, but the original discount bid shall remain firm for the duration of the contract. c. Core List: In a Catalog Priced bid, a category (i.e. office supplies) may include a “core list” which contains a selection of the most commonly used products/services with the expectation that a deeper discount would be bid for these items. If a new catalog and price list is published during the contract term, the original discounts shall be applied to the new published prices to establish the AEPA price for these core items. d. Product Addition/Discontinuation: New products, within the same scope of work, may be added at the established percentage discounts at any time. Discontinued products may be dropped at any time during the year. In the event a Core item is discontinued by the manufacturer during the term of the contract, Vendor Partner is required to add a functionally equivalent substitute at the same discount structure. b. Line-Item Pricing: Line-item pricing is utilized when products and/or services that are broken down in detail by element, component, product categories, product type and each product and/or service is presented as an individual item which needs to be combined with other items to make up a final project or solution. The Bidder offers firm pricing for specific line items in response to this bid; a project’s cost is derived by the Vendor Partner preparing and providing a quote based on the project’s terms, conditions and requi rements based on the line item pricing provided in the bid. The information provided in this bid for each item includes: Product Category, Product Description, Manufacturer, Manufacturer SKU, Vendor SKU, Unit of Measure, Item List Price, AEPA Bid Price. a. Fixed prices: Prices bid shall be firm until each anniversary date of contract, unless there is an occurrence of one or more economic price adjustment contingencies outlined in the bid. Fixed price offers shall include prices for any and all items. b. Routine Price Adjustments (Without Economic Price Adjustment): Vendors may request adjustments to the prices twice a year at the time of renewal at the AEPA Spring and Winter meetings. Vendor Partner’s must submit a fully documented written request to the AEPA Contract Oversight Committee thirty (30) days prior to the AEPA meeting. The request must specifically detail and document the cause and/or reason for price changes and include any supporting documentation (manufacturer’s letter, indexes, etc.). All price changes require approval by the AEPA Member Agencies. c. Unpredictable Economic Price Adjustment: If economic price adjustment contingencies occur, Vendor Partner may submit a fully documented request (manufacturer’s letter, indexes, etc.) for price adjustment to AEPA Contract Oversight Committee for review and approval by the committee and the AEPA Member Agencies. The documentation must substantiate the cause and/or reason for the requested price increase and demonstrate that it was unpredictable at the time of bid AEPA IFB #018 Part A Page 25 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions submittal and/or contract renewal and out of the Vendor Partner’s control. Pricing will take effect thirty (30) days after approval and acceptance. d. New Products/Services: Vendor Partner may submit new products or technologies that are within the original scope of work for the bid, to be added to the contract pending review and approval of the AEPA Bid Oversight Committee and AEPA Membership. Requests should be submitted to the AEPA Contract Oversight Committee thirty (30) days prior to the AEPA Winter or Spring meeting. c. Automated System for Pricing (ASP): The method consisting of an ASP and/or software application (RSMeans, Gordian) that is self-contained and consists of a turn-key solution that includes a complete line-item listing of all of the products, supplies, materials, equipment, services, accessories and options with their description, specifications, terms, conditions and associated pricing for each item, sub-assemblies and/or assemblies. The Bidder provides a percent of discount or fixed multiplier/factor to be applied to total project cost to allow for individual state conditions and requirements and to arrive at the AEPA price. d. RSMeans (Construction Related Bids only): It is important for Vendor Partners to breakout all costs (quantity and price) of all items listed under RS Means or an Alternative Pricing method. This includes all quoted items not on the approved AEPA bid submittal. The following are minimum requirements for using RSMeans for quoting projects to AEPA Member Agencies: i. The Contractors must use the current year and standard cost data. Only the following cost data titles will be excepted, a. Building Construction Cost Data Book b. Facilities Construction Cost Data c. Facilities Maintenance & Repair Cost Data d. Site Work & Landscape Cost Data Book ii. All work proposed under RSMeans must use RSMeans format, even if subcontractors are used. iii. An RSMeans spreadsheet must be submitted to substantiate the quote given to the AEPA Member Agency. The spreadsheet columns must reveal the full RSMeans number and a sufficient amount of the description. This also applies to change orders. iv. Pricing must be done by Location codes. National Average will not be allowed. In order to choose the “closest” location code, the first three (3) numbers of the zip code will be used to determine the city location index in the AEPA Member Agency State. v. The AEPA contract holder factor, bonding cost, AEPA discount and taxes if applicable must be shown as separate line items at the bottom of the RSMeans spreadsheet. This information can be shown on a separate summary sheet. The summary sheet must start with the RSMeans spreadsheet total and show the detail for each of the items stated above. This detail will be provided to that AEPA State Agency and the AEPA Buyer as required. vi. All change orders which list items covered by RSMeans must be supported by an RSMeans spreadsheet. e. Alternative Method of Costing: This method covers any product and/or service not covered by catalog pricing, published price list, line-item price list, automated system for pricing, or is a product and/or service due to the projects or applications specifications, conditions and /or requirements that need to be custom designed, developed, manufactured and/or produced to meet the requirements of an individual, project or sole source. The alternative pricing is calculated as follows: i. The Bidder must prepare, issue and receive three written quotes from available suppliers and select the supplier that offers the products and services that meet the stipulated AEPA IFB #018 Part A Page 26 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions requirements and specifications and the most cost effective solution. All quotes must be made available upon request. ii. The Bidder must indicate the percent of overhead and /or markup as part of the rheir response to be added to these costs to obtain the normal and customary retail price. iii. The AEPA price is calculated by taking the product and services to cost to the Contractor plus the indicated percent of profit/overhead to equal the normal and customary retail price. The Contractor will then subtract the approved AEPA discount to obtain the AEPA price. Example: item cost $1,000; percent of profit/overhead of 20% equals retail price of $1,200; less the AEPA discount of 10% or $120 equals the AEPA price of $1,080. 2. Secondary Pricing Methods (Catalog Bids only, see Part B for category designation): Bidders are required to offer Customized Price Lists (Catalog Bids ONLY) and encouraged to offer Hot Lists and Volume Discounts as follows: a. Customized Price List: Bidders are required to offer customized price lists to Participating Entities for items within the Bidder’s Commercially Available Catalog for Catalog Bids ONLY (not pertinent to Line Item Bids). Customized price lists shall be allowed under the following conditions: i. Up to 100 items within the Vendor Partner’s Commercially Available Catalog may be included on the customized price list providing they are not already on the Core Item list. ii. Items are to be determined by the Participating Entity; Vendor Partner may object to up to ten (10) of the suggested items proposed by the customer and must offer substitutes until an agreement of the customized list is reached. iii. Items on the customized price list shall be sold with an additional discount (deeper than what was originally bid on the non-core or catalog discount) iv. Items may not include special order or customized service products unless agreed to by the Vendor Partner. b. Hot List Pricing: Bidders are invited, at their option, to offer a selection of products/services, defined as a Hot List, at greater discounts than those listed in the standard catalog or core list discounts. Special, time-limited reductions are permissible under the following conditions: The price reduction is available to all AEPA Member Agencies equally. The price reduction is for a specific time period, no less than thirty (30) days. May be used to discount and liquidate close-out and discontinued products/services as long as those items are clearly labeled as such. The original price for products/services is not exceeded after the time limit. The AEPA Oversight Committee and all AEPA Member Agencies shall be notified of any special or time limited price reduction. New prices must be on record fifteen (15) days prior to any offer of the new prices being proposed or offered to AEPA Member Agencies and Participating Entities. Pricing for all Hot List items must be updated on the Vendor Partner’s online catalog and submitted to all AEPA Member Agencies in an electronic format that can be posted to websites, emailed and shared with Participating Entities/Buyers. c. Volume Price Discounts: Bidders are encouraged to offer additional pricing discounts that may be offered for a group of agencies in a local geographic area that desire to combine requirements (one time purchase or annual spend), i.e. local city, county, school district(s), etc. and/or for large one time purchases. Additional volume price discounts are permissible under the following conditions: Discounts should be tiered and based on spend ranges as established by the Bidder on the Pricing Forms. Volume determination shall be determined between the Vendor Partner and the individual Buyers on a case-by- case basis. All additional discounts are to be offered equally to all AEPA Member Agencies and Participating Entities and be based on the Volume Price Discounts originally bid providing the same or similar volume commitment, specific needs, terms and conditions, AEPA IFB #018 Part A Page 27 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions a similar time frame, seasonal considerations and provided the same manufacturer support is available to the Vendor Partner. Prime Vendor Partner: For the purpose of this bid, a Vendor Partner will be considered a prime Vendor Partner and not a Subcontractor. Any Vendor Partner paid directly by the AEPA Member Agency or Participating Entity is a prime Vendor Partner; a Vendor Partner pays a Subcontractor. Prime Vendor Partners using Subcontractors are responsible for all actions of its Subcontractors. Procurement Code: All Bidder/Vendor Partner’s must make themselves aware of and comply with all federal, state, and local statutes and regulations. Products and Services 1. Product Line: If applicable, contracts will be an awarded to Bidders able to provide their complete product line(s) of commodities, supplies, equipment, software and services that meets the scope of work and specifications of this solicitation. Bidders with a published, priced catalog may submit their entire catalog; AEPA reserves the right to select or reject products within the catalog for recommendation without having to award all the contents. 2. Serial Numbers: Bids must be for equipment on which the original manufacturer’s serial number has not been altered in any way. 3. Current Products: All bids shall be for commodities, supplies, equipment, supplies and software in current production; meet or exceed commercial and industry standards; and marketed and provided nationally to the general public and/or educational/governmental agencies. 4. Construction Products and/or Services: are associated with building, erecting, altering, repairing, installing or demolishing in the ordinary course of business any: (1) road, highway, bridge, parking area or related project; (2) building, stadium or other structure; (3) airport, subway or similar facility; (4) park, trail, athletic field, golf course or similar facility; (5) dam, reservoir, canal, ditch or similar facility; (6) sewage or water treatment facility, power generating plant, pump station, natural gas compressing station or similar facility; (7) radio, television or other tower; (8) shaft, tunnel or other mining appurtenance; (9) electrical wiring, plumbing or plumbing fixture, gas piping, gas appliances or water conditioners; (10) air conditioning conduit, heating or other similar mechanical work; or similar work, structures or installations; (11) leveling or clearing land; (12) excavating earth; (13) drilling, wells of any type, including seismographic shot holes or core drilling; and similar work, structures or installations. 5. Services: are defined as the furnishing of labor, time or effort by a Vendor Partner not involving the delivery of a specific tangible product other than reports and other materials which are merely incidental to the required performance. 6. Professional Services: Services relating to architects, archeologists, engineers, surveyors, landscape architects, medical arts practitioners, scientists, management and systems analysts, certified public accountants, registered public accountants, lawyers, psychologists, planners, researchers, educational specialist, construction managers and other persons or businesses providing similar professional services, which may be designated as part of this solicitation. 7. Peripheral & Optional Items: Bidder can include various peripheral products, equipment, accessories, services, deliverables and related items that are associated with and function with the primary offering. Optional equipment or products may be added to the contract during the term of the contract. AEPA reserves the right to accept or reject such offerings under the following conditions: the enhancement is recommended by AEPA and approved by the Member Agency; the option is priced at a discount similar to other options; and the option is an enhancement to the unit. 8. Descriptive Literature and Brand Names: All bids are to include a complete set of the manufacturer’s descriptive literature regarding the commodities, supplies, materials, equipment and software offered. Brand names, trade names and/or catalog numbers used in the solicitation will be intended to describe and identify the type, level and quality of products, equipment and software being requested. 9. Discontinued Products: If a product or model is discontinued by the manufacturer, Vendor Partner may substitute a new product or model if the replacement product meets or exceeds the AEPA IFB #018 Part A Page 28 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model. 10. Product Specifications: This solicitation is designed to enable a Bidder to satisfy a requirement for a commodity, supply, material, equipment, software, process, or service. A specification may be expressed as a standard, a part of a standard, or independent of a standard; by specifying a manufacturer’s brand and model. No specification is intended to unnecessarily limit competition by eliminating items capable of satisfactorily and/or meeting the actual needs of the procurement. When a brand name product is specified and is only available for a single source, Bidders are encouraged to offer alternative products which they believe to adhere to and comply materially, functionally and operationally equal to or better than the brand name product specified. Any Bidder believing a specification is unnecessarily restrictive, shall indicate such in the form of a question during the solicitation process and prior to bid due date. The fact that a manufacturer or supplier chooses not to produce or supply the commodity, supply, material, equipment, software or services to meet these specifications will not be considered sufficient cause to adjudge these specifications as restrictive. If the Bidder deviates from these specifications, reasons must be stated for such deviation and state why, in their opinion, the commodity, supply, material, equipment, software or services they bid will render equivalent reliability, coverage, performance and/or service. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire bid. 11. Quality: Unless otherwise modified elsewhere in this solicitation, Vendor Partner warrants the commodities, supplies, materials, equipment, and services delivered as stipulated in the Buyer’s purchase order/contract, shall be: of a quality to pass without objection in the industry and professional standards normally associated with them; fit for the intended purpose(s) for which they are used; of even kind, quantity and quality within each unit and among all units, within the variations permitted by the contract; adequately offered, presented, delivered, accomplished and complete as the contract may require; and conform to the written promises and/or oral affirmations of fact made by Vendor Partner. Product Information | Catalogs | Price Lists: Bidders shall include an electronic and paper copy of the latest edition of the commercially available catalog and price lists that the discount will be applied to with the bid response. Throughout the term of the contract, Vendor Partner(s) shall furnish all AEPA Member Agencies and their Participating Entities with copies of approved commercially available catalogs and price lists in the format desired (electronic, paper, online shopping cart, etc.). Progress Payments: Progress payments are allowed on purchases for goods and services under the following conditions: The Buyer and the Vendor Partner agree to the terms of the progress payments prior to issuing a purchase order; the purchase order describes the amounts to be paid and the date of payment; the Buyer has a satisfactory method of verifying progress described in writing in a letter or on the purchase order; that payments will only be made when actual goods and/or services are verified/received; and that any such payments be made in full compliance of Buyer’s local board rules and any and all other applicable state rules and regulations. Protests: Under this public procurement and AEPA’s Solicitation, any Bidder who is aggrieved in connection with this procurement, can file a protest in accordance with (1) AEPA’s Solicitation Document; (2) AEPA’s Policies and Procedures; and (3) AEPA Member Agency’s State Procurement Code and Board Policies. Venue for any and all legal actions regarding or arising out of the transactions covered herein shall be solely in the court of jurisdiction located in the state and county of the AEPA Member Agency and will govern any resulting transactions. 1. Procurement Phases: AEPA’s solicitation process is broken down into three (3) phases. Any Bidder who is aggrieved in connection with any of the three (3) procurement/solicitation phases listed below and/or any functions or activities associated with each shall file their protest with the AEPA representative indicated below. a. Bid Due Date: The preparation and contents of the solicitation, its terms, conditions and specifications, the notification, distribution of solicitation documents and addendums (date published through the bid due date and time). AEPA IFB #018 Part A Page 29 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions b. AEPA Approval: The receiving, opening, recording, evaluating, recommending and approving Bidders to be considered for AEPA approval and/or actions relating to contract renewal and extension. (Date received and opened through date of individual contract award and future renewals). c. Contract Award: The awarding, implementing and administering of resulting contracts and the disclosure of confidential data. (Date individual contracts awarded by AEPA Member Agencies or 120 days from AEPA approval). 2. Protest contents: Protests shall be in writing and must be filed with the appropriate AEPA represented below. A protest must include: a. The name, address and telephone number of the protester; b. The original signature of the protester or its representative; c. Identification of the procurement function and/or contract activity with the solicitation or the contract number; d. A detailed statement of the factual grounds or legal basis for the protest; e. Supporting exhibits, evidence or documents to substantiate any claim unless not available within the filing time, in which case, the expected availability date shall be indicated; and f. The form of relief requested. 3. Protest Submittal: Protester shall submit the bid protest in accordance with the requirements of the above three (3) procurement functions immediately or within ten days of the date the protester knows or should have known the basis of the protest per the following: a. Bid Due Date: Knows or should have known the basis of the protest upon the bid due date or 10 days after the bid due date, send protest to Bid Question Coordinator (aepa- bids@googlegroups.org). b. AEPA Approval: Knows or should have known the basis of the protest upon notification from AEPA of the bid category approval, send protest to AEPA President (aepa- president@googlegroups.org). c. Contract Award: Knows or should have known the basis of the protest or ten days after the notification from the AEPA Member Agency award, send protest to Individual AEPA Member Agency; see AEPA Member Agency information sheet. 4. Protest Resolution: Protest shall be resolved, in accordance with AEPA’s Board Policies, Procedures and/or the appropriate state statutes where the AEPA Member resides. It is the intent of AEPA that all bid protest decisions from the point a bid has been published through contract approval or rejection, will be resolved by AEPA. Bid protests concerning contract award by AEPA Member Agencies will be resolved by the respective AEPA Member Agency. 5. Protest Costs: The losing party to the protest shall be responsible for the reasonable and justifiable costs of the protest. The protest costs shall be based on the costs and expenses incurred by the AEPA and its Member Agencies, including but not limited to staff salaries, attorneys' fees, hearing, reproduction, transcription and travel costs. Provisions Required By Law: By submitting a response to this solicitation, bidders are acknowledging they have conducted and performed the required research to make themselves aware and knowledgeable of all federal, state and local laws/statutes that are referenced herein, may pertain to and/or govern the procurement activities and transactions covered by this bid. These provisions of law and any clause required by law that is associated with and relates to this bid and any resulting contract will be read and enforced as though it were included herein. Public Purchase: An easy-to-use platform that provides Bidders with the automatic notification of open solicitations, automatic notification of answered questions and issued addenda, and a way to electronically submit an organization’s solicitation response. All changes, updated, uploads, and downloads are time stamped and logged as part of the solicitation process. AEPA IFB #018 Part A Page 30 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions Public Record: All bids submitted to this invitation shall become the property of the AEPA and will become a matter of public record, available for review, subsequent to the bid due date. Bids may be viewed, by appointment only, at the Oakland Schools, 2111 Pontiac Lake Road, Waterford, MI 48328, under the supervision of the AEPA Executive Director or his designee, from 8:30 a.m. to 3:30 p.m., Monday through Friday. Within fifteen days, the Bid Receipt Summary Report will be posted to Public Purchase and the AEPA website (www.aepacoop.org). Questions: Inquiries and questions related to this solicitation, must be submitted online in Public Purchase per IFB and be submitted as follows: 1. From the time the solicitation is published until the deadline for questions for Bidders, questions should be submitted online via Public Purchase. 2. From the time bids are opened but prior to the approval of the contract by AEPA, questions should be submitted to aepa-bids@googlegroups.org. 3. After notification of AEPA contract approval, questions should be submitted via email to aepa-president@googlegroups.org. 4. Once a contract has been awarded by an individual AEPA Member Agency any inquiries and questions relating to contract implementation, execution, transactions and/or concerns/issues occurring within that state should be addressed to the individual AEPA Member Agency. All other inquiries and questions should be addressed and submitted to the AEPA President by email at aepa- president@googlegroups.org. Reporting: Vendor Partners are required to submit quarterly detailed sales reports to all AEPA Member Agencies. Access to reports will be granted after contract approval. If there are no sales, $0 reports are required. Right to Assurance: Whenever one party to this contract in good faith has reason to question the other party’s intent to perform, he/she may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within ten (10) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. Right to Request Additional Information: AEPA, and its respective bid representatives, reserves the right to request any additional information during the procurement process that might be deemed necessary to better understand the submitted bid response including, but not limited to, clarifying questions. Bidders may be requested to submit such answers in writing but will not be allowed to change or alter their bid. Safety Measures: Vendor Partners shall take all necessary precautions for the safety of employees on the worksite, and shall erect and properly maintain at all times, as required by job conditions and progress of the work, all necessary safeguards for the protection of the workers and public. They shall post danger-warning signs against the hazards created by their operation and work in progress. Proper precautions shall be taken pursuant to state law and standard construction practices in order to protect workers, the general public and existing structures from injury or damage. Safety Standards: All items supplied on this contract shall comply with the current applicable Occupational Safety and Health Standards, the National Electric Code, and the National Fire Protection Association Standards. Severability: The provisions of this contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the contract that may remain in effect without the invalid provision or application. Substance Use & Conduct: All Vendor Partners and Subcontractors must adhere to local substance (alcohol, drug, smoking, etc.) and conduct (dress code, language, parking, etc.) policies while on AEPA Member Agencies and Participating Entities premises. State Agency: means any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of this state. AEPA IFB #018 Part A Page 31 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions Survival: All applicable software license agreements, warranties or service agreements that were entered into between Vendor Partner and Buyer under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Vendor Partner shall survive expiration or termination of the Contract. Suspension or Debarment Status: If within the past five (5) years, any Bidder has been disbarred, suspended or otherwise lawfully precluded from participating in any public procurement activity with a federal, state or local government, the Bidder must include a letter with its response or bid setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to not disclose in the letter all the pertinent information may result in the cancellation of any resulting contract. By signing the bid section, the Bidder certifies that no current suspension or debarment exists. Tare: If the Vendor Partner requires the Buyer to pay for shipping, the weight of the empty container and any material used for packing shall be of the lightest weight practical for safe delivery of the contents. Taxes: Different jurisdictions taxing authorities have different tax laws, rules, regulations and processes, therefore, prices offered will not include applicable federal, state and local taxes. All applicable taxes must be listed as a separate item on all cost proposals, invoices. Term of Contract and Extensions: The initial term of the contract shall be for up to fifteen (15) months and will commence on the date as indicated by each Participating Member Agency on the Acceptance of Bid and Contract Award (Form B). The contract shall continue in accordance with the dates stipulated in the Bid and Timeline schedule located in Part A of this bid unless terminated, canceled or extended. By mutual written agreement, the contract may be extended for three additional 12-month periods, ending on the last day of ebruary. AEPA may choose to recommend the contract extension. If so recommended, an individual Member Agency may choose, at their sole discretion, to extend the contract. In the event AEPA does not recommend or approve a contract extension, a Member Agency reserves the right to offer month-by-month extensions not to exceed six (6) months until a new contract is awarded by that Member Agency. Termination by Non-Approval of AEPA: AEPA Member Agencies on annual basis assess, evaluate and review existing AEPA vendors to determine if the organization as a whole desires to extend its approval of those vendors. If an existing AEPA vendor’s approval is not extended for an additional term, the AEPA Member Agencies can not extend the dis-approved vendor’s contract. (See Term of Contract and Extensions) Termination by AEPA Member Agency: An AEPA Member Agency may cancel any contract secured by the solicitation without any further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the AEPA Member Agency is or becomes, at any time while the contract or any extensions of the contract is in effect, an employee of, or a consultant to any other party to this contract with respect to the subject matter of the contract. Such cancellation shall be effective when the parties to this contract receive written notice from the AEPA Member Agency unless the notice specifies a later time. Cancellation by one AEPA Member Agency does not require other Agencies to cancel their contracts. Termination for Convenience: AEPA Member Agency reserves the right to immediately terminate this contract, without penalty or recourse, in whole or in part, if the AEPA Member Agency determines that termination is in the best interest of Participating Entities. The Vendor Partner, after receipt of a “Notice of Termination,” shall not accept any new orders after the termination date specified in the notice. Any termination shall have no effect on projects that are in progress at the time the cancellation is received by the AEPA Member Agency. Vendor Partner shall be entitled to receive just and equitable compensation in accordance with applicable contract pricing for work in progress, work completed and materials accepted before the effective date of the cancellation. The Vendor Partner will not be reimbursed for any anticipated profit. The AEPA Member Agency reserves the right to cancel, or suspend the use thereof, any contract resulting from this IFB if the Vendor Partner files for bankruptcy protection, or is acquired by an independent third party. Vendor Partner may cancel this contract upon written notice to the AEPA AEPA IFB #018 Part A Page 32 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions Member Agency prior to the intended termination date (or on the yearly anniversary of the bid). Any termination shall have no effect on projects that are in progress at the time the cancellation is rece ived by the AEPA Member Agency. Termination for Default: If either party is in default under this contract, it shall have an opportunity to cure the default within the time indicated (ten business days in most states) after it is given written notice of default by the other party, specifying the nature of the default. Upon receipt of the notice of default, the defaulting party shall have ten business days to provide a satisfactory response to the AEPA Member Agency. Failure on the part of the defaulting party to adequately address all issues of concern may result in contract termination. If the default is not cured within the time specified in the notice of default, the non-defaulting party shall have the right, in addition to all other remedies at law or equity, to immediately terminate this contract. Failure to complain of any action, non- action or default under this Agreement shall not constitute a waiver of any of the parties’ rights hereunder. The AEPA Member Agency reserves the right to terminate this contract, or any part hereof, for cause in the event of any default by the Vendor Partner, or if the Vendor Partner fails to comply with any contract terms and conditions, or fails to provide the AEPA Member Agency, upon request, with adequate assurances of future performance. In the event of termination for cause, the AEPA Member Agency shall not be liable to the Vendor Partner for any amount for supplies or services not accepted, and the Vendor Partner shall be liable to the AEPA Member Agency or any Participating Entity for any and all rights and remedies provided by law. If it is determined that the AEPA Member Agency improperly terminated this contract for default, such termination shall be deemed a termination for convenience. The AEPA Member Agency will issue written notice to the Vendor Partner for acting or failing to act in any of the following: 1. The Vendor Partner provides material that does not meet the specifications of the contract; 2. The Vendor Partner fails to adequately perform the services set forth in the specifications of the contract; 3. The Vendor Partner fails to complete the work required or to furnish the materials required within a reasonable amount of time; 4. The Vendor Partner fails to make progress in the performance of the contract and/or gives the AEPA Member Agency reason to believe that the Vendor Partner will not or cannot perform to the requirements of the contract; 2. The Vendor Partner fails to extend lower pricing that has been offered to another customer or cooperative that have equal or lesser volume. 3. The Vendor Partner fails to observe any of the terms and conditions of the contract; 4. The Vendor Partner fails to follow the established procedure for purchase orders, invoices and receipt of funds as stipulated by the AEPA Member Agency. Termination for Non-Appropriation: Any individual Buyer’s procurement/contract covered by this bid and executed in accordance with resulting contract may be terminated if insufficient appropriations and/or authorizations do not exist due to changes in state or federal law, or because of court order, or because of insufficient appropriations made available to the Buyer’s governing board and/or it State Legislature. Such termination will be effected by sending fifteen (15) days written notice to the Vendor Partner. The Buyer’s decision as to whether sufficient appropriations and authorizations are available shall be accepted by the Vendor Partner and shall be final. Title and Risk of Loss: The title and risk of loss of material or service shall not pass to the Buyer purchasing the material or services until it actually receives the material or service at the point of delivery, unless otherwise provided within this document. Trade-in Equipment: Equipment for trade-in shall be dismantled by the Vendor Partner and removed at its expense. The conditions of the trade-in equipment at the time it is turned over to the Vendor Partner shall be the same as when the original agreement was made, except as affected by normal wear and tear from use between the time of the bid and the trade-in. Values placed on trade-in products are between the Buyer purchasing the new unit and the Vendor Partner. Type of Bids: Due to the various types, kinds and levels of products and services solicited by AEPA in its IFBs; the various pricing methodologies and/or methods utilized and offered to price the various products and services offered; and the type of contracts that results from any one of AEPA’s/bids, AEPA has established the following two types of bids. AEPA IFB #018 Part A Page 33 Due Date: OCTOBER 9, 2017, 1:30 PM EST Terms and Conditions 1. Catalog Bid: A catalog bid is utilized when the products and /or services solicited are clearly identified with set and specific characteristics, attributes and configurations that are identifiable as a stand-alone single unit and can be listed and priced as a single unit with options that can be added to enhance and/or improve its operation and functionality. The Bidder offers a fixed discount(s) off retail price or prices in a Commercially Available Catalog. The discounts may be for the entire Catalog for specific products, product lines, manufacturers or category of products as determined by the Bidder. See the Pricing section for detailed information on Catalog pricing. 2. Line Item Bid: A Line-item bid is utilized when the products and services solicited cannot be identified or listed as a single unit; consists of a number of different variable and configurations, it is necessary to identify the specific project or application; the end product or solution is made of individually priced elements or components and the end product’s or solutions’ cost is derived by the Vendor Partner specially prepared and providing a quote based on the project’s terms, conditions and requirements. See the Pricing section for detailed information on Line-Item pricing. Vendor Partner: Bidder who has been approved and awarded a contract for the delivery of construction, tangible personal property, supplies, or services in response to this IFB. Vendor Partner Contact: Vendor Partner will designate one individual who will represent them to the AEPA, its AEPA Member Agencies during the contract period. This contact person will correspond with each AEPA Member Agency for technical assistance, problems, or questions that may arise. If other staff, distributors and/or independent Vendor Partners will be performing the sales or support functions for different geographical areas (states), Vendor Partner shall include instructions and contact information that can be distributed to AEPA Member Agencies upon approval of this bid. Warranty: Vendor Partner warrants that all commodities, supplies, materials, equipment, software and service delivered under this contract shall conform to the specifications of this contract. All items should carry a warranty equal to the intended life cycle or a minimum 12-month manufacturer’s warranty that includes parts and labor unless otherwise specified and agreed to. The manufacturer has the primary responsibility to honor a manufacturer’s warranty; a distributor or dealer agrees to assist the purchaser reach a solution in a dispute with the manufacturer over a warranty’s terms. Any extended manufacturer’s warranty will be passed on to the Buyer. For example, if a voice board has a three-year warranty, but the board is in a turnkey system that has a one-year warranty, the voice board’s three-year warranty must be honored by the manufacturer and the Vendor Partner. All extended warranties must be passed on, without exception. If, upon discovery, the Vendor P artner charges a Buyer for a replacement part that the Vendor Partner actually received at no cost under a warranty, the Vendor Partner will rebate the amount billed and the Buyer reserves the right to cancel the contract. CDW-G - AEPA 018A / KCDA IFB - Part B Specifications AEPA IFB #018-A Part B Specifications Page 1 of 6 Due Date: OCTOBER 9, 2017, 1:30 pm EST Invitation for bid AEPA IFB #018-A Technology Catalog Part B – Specifications NO BID SECURITY REQUIRED Table of Contents 1. Scope of Bid ................................................................................................................................................................... 1 2. Type of Bid ..................................................................................................................................................................... 2 3. Anticipated AEPA Member Agency Participation ............................................................................................ 2 4. Glossary of Terms and Abbreviations ................................................................................................................. 3 5. Special Terms and Conditions ................................................................................................................................ 3 6. Standard Specifications [Fixed Specifications] ................................................................................................ 3 7. Product | Category Specific Specifications ......................................................................................................... 4 8. Pricing – See Pricing section in Part A – General Terms & Conditions for details ............................... 5 1. Scope of Bid AEPA is seeking qualified, experienced contractor(s) who possess the necessary resources and capabilities to acquire, deliver and perform the required supplies, materials, equipment and labor to all participating member states (up to 26) necessary to: a. Respond to request from a number of different types of educational, governmental and public institutions seeking a full house catalog of technology products, supplies, equipment and services with the ability to provide national coverage plan and to provide next-day shipments to Agencies and their members. b. Provide discount pricing on all products offered through their current catalog. c. Provide a wide variety of technology products including, but not limited to, computers, peripherals, software, projection devices, printers, computer supplies, and related equipment, supplies and services. The diversity of the participating public agencies requires a broad choice of options. d. Offer their entire catalog of available products at a discount from the current published price schedule for public agencies; superior customer support and services are required. e. Provide Member Agencies and their customers with catalogs and a website that lists products and prices for quick ordering. AEPA IFB #018-A Part B Specifications Page 2 of 6 Due Date: OCTOBER 9, 2017, 1:30 pm EST 2. Type of Bid This bid is considered a: YES NO TYPE OF BID √ CATALOG: A catalog bid is utilized when the products and/or services solicited are clearly identified with set and specific characteristics, attributes and configurations that are identifiable as a stand-alone single unit and can be listed and priced as a single unit with options that can be added to enhance and/or improve its operation and functionality. The Bidder offers a fixed discount(s) off retail price or prices in a Commercially Available Catalog. The discounts may be for the entire Commercially Available Catalog, for specific products, product lines, manufacturers or category of products as determined by the Bidder. See Pricing section for detailed information on Catalog Pricing. √ LINE ITEM: A line-item bid is utilized when the products and services solicited cannot be identified or listed as a single unit; consists of a number of different variables and configurations, it is necessary to identify the specific project or application; the end product or solution is made of individually priced elements or components and the end product’s or solution’s cost is derived by the Vendor Partner specially prepared and providing a quote based on the project’s terms, conditions and requirements. See Pricing section for detailed information on Line-Item Pricing. 3. Anticipated AEPA Member Agency Participation State Participate? Yes/No/ Undecided Other States Member Sells In Est. 1st Year Purchase Volume % Growth for Year 2-4 California AZ,NV Colorado Yes $8,200,000 10% Connecticut Yes MA,ME,NH, NY, RI,VT $1,500,000 10% Florida Yes AL,GA $3,000,000 5% Indiana Yes $5,081,259 2% Iowa Yess IL,SD $3,800,000 10% Kansas Yes OK $9,000,000 Kentucky Yes AL,GA,LA,MS, NC,SC,TN,WV $2,000,000 2% Massachusetts Yes $200,000 5% Michigan Minnesota Yes SD $6,000,000 3% Missouri AR,IL,LA,SD Montana Yes ID $50,000 10% Nebraska Yes $1,000,000 1% New Jersey New Mexico Yes $10,000,000 2% North Dakota Yes $500,000 3% Ohio Yes $15,000,000 3% Oregon Pennsylvania Yes DE,HA, MD,NY, $5,000,000 5% Texas Yes $1,500,000 10% Virginia Washington Yes AK,ID $20,000,000 5% West Virginia Yes $100,000 5% Wisconsin Wyoming Yes SD,UT 80,00.00 5% Total 19 $91,931,259 AEPA IFB #018-A Part B Specifications Page 3 of 6 Due Date: OCTOBER 9, 2017, 1:30 pm EST Please note that individual AEPA Member Agencies that have indicated that they intend to participate in any contract approved under this solicitation, does not guarantee or mean that the individual AEPA Member Agency will enter into a contract with any AEPA approved Vendor Partner. Each AEPA Member Agency will make that determination after reviewing Vendor Partner responses and AEPA’s recommendation for acceptance and bid award. The AEPA Member Agency’s contracting decision shall be final. The above information relating to the estimated/projected volume for the first year for this solicitation is provided based on submittals from its members. AEPA Member Agencies anticipate that purchase volumes will increase in contract years two (2) through four (4). This information is provided as an aid to Bidders in preparing responses only. It is not to be considered a guarantee of volume under this IFB. The successful Vendor Partner’s discount and pricing schedule shall apply regardless of the volume of business under the contract. 4. Glossary of Terms and Abbreviations Abbreviations and Acronyms for Standards and Regulations: Where abbreviations and acronyms are used in specifications or other contract documents, they shall mean the recognized name of the organizations responsible for the standards and regulations in the following list. Names, telephone numbers, and websites are subject to change and are believed to be accurate and up-to-date as of the date of the contract documents. 5. Special Terms and Conditions 5.1 The Vendor Partner will warranty all parts and materials for at least 90 days from date of purchase or manufactures’ warranty, whichever is longer. 5.2 Vendor Partner will endeavor to supply products that are made in the United States of America. 6. Standard Specifications Item Description 6.1 The Vendor Partner will have access to a full inventory of the awarded product line. 6.2 The Vendor Partner shall maintain a minimum monthly overall average fill rate of 95% or above. Line items that are reordered, backordered, or partially filled are not considered filled line items when calculating this service level. 6.3 Orders must be shipped next day after receipt of an order 90% of the time. The Vendor Partner will notify the Buyer if product ordered cannot be shipped within this time period to provide the opportunity to secure product elsewhere. 6.4 Vendor Partners must be a manufacturer’s authorized sales and service dealer for all proposed equipment/software. An authorized sales and service dealer is defined in this solicitation as one purchasing their products for resell directly from the manufacturer(s) or the manufacturer’s approved channels. Products that result from new authorized sales and service dealer arrangements between the Vendor Partner and the manufacturer during the term of this contract may be added and offered through the AEPA contract. 6.5 All charges and components necessa ry for performance of the contract shall be clearly identified even if such are not specifically addressed in any paragraph or sub-paragraph or form that is a part of this request. 6.6 If the Vendor Partner intends to utilize independent agents/distributors, subcontractors and/or third-party agents to perform and/or provide any part of the products and services offered herein, the Vendor Partner must identify all providers and any and all associated costs with these providers. 6.7 Optional services must be identified separately, and must include clear descriptions of proposed services. 6.8 Vendor Partners must provide a product or mix of products in a manner that will allow Buyers to migrate to emerging technologies/services and between legacy technologies wit h no penalty charge associated with maintaining the most appropriate selections of goods and services throughout the life of the contract. AEPA IFB #018-A Part B Specifications Page 4 of 6 Due Date: OCTOBER 9, 2017, 1:30 pm EST Item Description 6.9 Vendor Partners must be able to supply paper catalogs where requested. The catalog shall have a cover label indicating that the catalog’s contents are available through the participating Member Agency and the AEPA contract. The label shall identify the agency’s contract number, discount level(s) and any special ordering instructions. 6.10 Packing slips shall accompany all deliveries and shall contain Buyer’s purchase order number, vendor name and name of article. Cartons shall be identified by purchase order number and vendor name. 6.11 Orders not filled and partials shall be indicated on the packing list. Vendor Partner shall inform member of anticipated availability date for unfilled and partial orders. 6.12 All products sold by the Vendor Partner must be new. Only the newest versions of software and equipment will be bid. Older versions will only be sold, if specifically requested. Vendor Partner may offer reconditioned products as a Voluntary Alternate; such items shall be marketed and labeled as being reconditioned. 6.13 Products that have a 30/60/90 day money back guarantee will be clearly identified in the catalog and on the web site (if applicable). 6.14 Vendor Partner has the option to offer private label products. Vendor Partner shall maintain the same manufacturer specifications for private label products throughout the te rm of contract. Any change of manufacturers for a private label shall result in offerings equal to or superior to the originally approved manufacturer at a price equal to or lower than the original offering. 6.15 Vendor Partner must maintain a toll free technical support line open 8 a.m. Eastern Time zone until 5 p.m., Pacific Time zone, Monday through Friday. Calls must be answered by a live US technician. 6.16 Vendor Partner must have a 24-hour toll-free order fax line. 6.17 If the Vendor Partner makes an error in pricing (typographical or photographic error, for example), the Buyer reserves the right to return the product. The Vendor Partner agrees to pay for cost of any returned product due to a pricing error. 6.18 Vendor Partner shall provide a Safety Data Sheet (SDS) for all items sold, if required. A separate sheet shall be provided for each individual item when purchase is made. 6.19 Orders that are $50.00 or more shall include free shipping. Vendor Partner shall bid a flat rate for all orders that are less than $50.00 regardless of where to be shipped in the continental United States. 7. Product | Category Specific Specifications Item Description 7.1.1 Vendor partner shall provide a broad based line of at least 100,000 line items in available inventory in at least the majority of the commodity categories listed in the scope of bid. 7.1.2 Vendor Partner shall have an electronic on-line catalog, including shopping cart capabilities, for order entry use by the members. Features must include: product lookup showing contract price; ability to set purchasing authorization limits; ability to download order and invoice history reports; ability to view quotes and convert to orders; view past orders; tracking packages from the site as well as invoices; request returns online; ability of purchasing agents to monitor all purchasing performed by the member. 7.1.3 The Vendor Partner agrees that full refund, credit, and/or exchange will be granted to any defective-on-arrival (DOA) merchandise, if reported within thirty (30) days of receipt of the order. If orders are received when school is not in session (spring break, summer vacation, and Christmas break), the thirty (30) days will be extended for a reasonable period of time. 7.1.4 Due to the nature of direct mail-order business, Member Agencies will require a single contact for problem solving. The Vendor Partner agrees to assign a dedicated senior -level contract manager (one authorized to make decisions) to the Member Agency account. This employee will have a complete copy and must have working knowledge of the contract. Hardware Requirements Item Description 7.2.1 Computers including desktop, laptop and tablets from major computer manufacturers shall be bid. This includes operating systems for Apple, Windows and Chrome. AEPA IFB #018-A Part B Specifications Page 5 of 6 Due Date: OCTOBER 9, 2017, 1:30 pm EST Item Description 7.2.2 Laser, inkjet and 3D printers, including multifunction and large format printers, memory, etc. shall be bid. 7.2.3 Computer peripherals including storage, monitors, web cameras, speakers, keyboards, cases, mice, memory, graphic cards, card readers, graphics pen tablets and laptop charging stations, etc. shall be bid. 7.2.4 Tablet accessories including cases, stands, k eyboards, protective screens, stylus, cables, etc. shall be bid. 7.2.5 Computer backup equipment and solutions shall be bid. 7.2.6 Computer storage media including, but not limited to, optical, flash drives, compact flash, etc. shall be bid. 7.2.7 Ink, toner and print supplies, including OEM and after-market, shall be bid. 7.2.8 Digital still and video cameras, with related accessories, shall be bid. 7.2.9 Computer and audio-visual cables shall be bid. 7.2.10 Networking products including servers, wireless, routers, switches, hubs, rack mounting equipment, surge suppressors, battery backup, test equipment, etc. shall be bid. 7.2.11 Audio equipment and peripherals including mixers, PA systems, recorders, headsets, microphones, speakers, etc. shall be bid. 7.2.12 Multimedia monitors and projectors including peripherals such as mounting hardware, screens, cases, DVD, Blu-ray and 4K players, 3D glasses, replacement lamps, etc. shall be bid. 7.2.13 Whiteboards, both projection and interactive flat panel, and document cameras shall be bid. 7.2.14 Calculators and accessories shall be bid. 7.2.15 Complete bar-coding solutions shall be bid from major manufacturers. 7.2.16 Robotics and Virtual Reality (VR) products shall be bid. Software Requirements Item Description 7.3.1 Major software publisher programs shall include licensing, media and full packaged products. Academic discounts must be applied when available. Major software publishers including but not limited to: Microsoft, Adobe, Filemaker, Inspiration, Symantac. Pricing shall include licenses, media and full package products. 7.3.2 Software packages shall include, but not be limited to th e following: desktop publishing, image processing, 3D graphics, CAD, clip art, graphics, multimedia, website development, database, utilities, security, anti-virus, encyclopedia and educational titles. Technology Furniture Item Description 7.4.1 Technology related furniture including but not limited to computer tables, podiums, multi -media, laptop, tablet, presentation carts and computer storage/charging carts. 8. Pricing – See Pricing section in Part A – General Terms & Conditions for details Bidders are reminded as they prepare the discount pricing schedule that they are responsible for administrative fees on purchases to be remitted to Member Agencies. (See Part A of this IFB, Prici ng.) Pricing shall be completed on the provided pricing sheets (Microsoft Excel Workbook) with the individual tabs to be completed as follows: F.1 Catalog Discount (Required) F.2 Price Schedule (Required) F.3 Services Price Schedule (Optional) F.4 Volume Discounts (Optional) AEPA IFB #018-A Part B Specifications Page 6 of 6 Due Date: OCTOBER 9, 2017, 1:30 pm EST See Form E. for detailed pricing instructions. CDW-G - AEPA 018A / KCDA IFB - Part C Member Agency Terms and Conditions AEPA IFB #018 Part C Member Agency Page 1 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions Invitation for bid AEPA IFB #018 Part C – Member Agency (State) Terms and Conditions Table of Contents 1. Member Agency (State) Terms and Conditions ...............................................................................................................1 2. Common Terms and Conditions ...........................................................................................................................................1 3. Member Agency General Overview Summary .................................................................................................................2 4. State Specific Terms and Conditions ...................................................................................................................................3 5. State Specific Forms (to be completed and submitted with response)… ............................................................ 85 1. Member Agency (State) Terms and Conditions A single IFB is being published and distributed on behalf of the Member Agencies in many states. Differences in contract implementation and operation will exist between the Member Agencies. Each state may have special laws relating to this procurement that must be adhered to in addition to the previously stated constraints. When Member Agency/State Specific Terms and Conditions differ from the General Terms and Conditions, the Member Agency/State Specific Terms and Conditions will prevail. 2. Common Terms and Conditions Active Promotion of Contract: Agencies require that the Vendor Partner take ownership and actively promote the contract in cooperation with the AEPA Member Agency to all of the Agencies’ qualified Participating Entities. Sales to Participating Entities: AEPA Member Agencies require that all awarded Vendor Partners offer the Member Agency contract opportunity to all qualified Participating Entities of the cooperative. Legal Obligations: All Vendor Partners shall comply with all applicable Federal, State and Local Laws, Codes and Regulations while fulfilling the contract. It is the Bidder’s responsibility to be aware of and comply with all state and local laws governing this procurement. Applicable laws, codes, and regulations (etc.) must be followed even if Nt specifically identified herein. Administrative Fees: AEPA Member Agencies charge Vendor Partners an administrative fee (a percentage of sales in their respective state or states that they extend the AEPA pricing to). Administrative Fees are generally paid to each Member Agency on a quarterly basis. Additional details of how these fees are charged may be found under each state’s Terms and Conditions. A summary of each State’s Administrative Fee, any special terms and conditions, and specia l ordering process requirements is listed here for the convenience of the Bidders. AEPA IFB #018 Part C Member Agency Page 2 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 3.Member Agency General Overview Summary AEPA Member Agency State General Ordering Process Construction Products and Serivces Potential Customers Administrative Fee Bid Security Required on bid due date Special Reporting Requirments Standard Ordering Process Electronic Ordering Special Ordering Process Davis Bacon and State Wage Rates Payment & Performance Bonds Required Contractor's Licesing Required Permits and/or Registration Requjired Construction Project Cost Limitations Participate in Construction Services Participate in Construction Products Only Products are taxable Service is Taxable K-12 Education Higher Ed. Private Schools Nn-Profits Federal Agencies State Agencies Cities & Counties CA 2% N N Y Y N - - - - Y N Y Y N Y Y Y Y Y Y Y CO 2% N N Y N N N N N N N Y Y N N Y Y Y Y Y N Y CT 2% O N Y Y N Y O Y Y N Y N N N Y Y Y Y Y Y Y FL 2% N N Y Y N Y N Y Y N Y Y N N Y Y Y Y Y Y Y IN Var N N N N Y - - - - - - - - - Y Y Y Y Y Y Y IA 2% N Y Y Y N ** Y Lim Lim ** Y Y Y N Y Y Y KS 2% N n Y Y Y Y Y Y Y N Y N N N Y Y Y Y Y Y Y KY 2% N N Y Y N Y Y Y Y Y Y Y Y N Y Y Y Y Y Y Y MA 2% N N Y Y Y N N N N N N N N N Y Y Y Y Y Y Y MI 2% N N Y Y N Y Y Y Y Y Y Y N N Y Y Y Y TBD Y Y MN 2% N Y Y Y N Y Y Y Y Y Y Y Y/N* N Y Y Y Y Y Y Y MO 2% N Y Y Y N Y N N Y N Y N N Y Y Y Y Y Y Y Y MT 2% Y N Y Y Y Y Y Y Y N Y Y N N Y Y Y Y Y Y Y NE 2% N N Y N N Y Y Y Y N Y Y N N Y Y Y N N N N NJ 2.2% Y N Y Y N Y Y Y Y Y N Y N N Y Y Y Y N N Y NM 2% Y Y Y Y Y Y Y Y Y N Y Y N Y Y Y Y Y Y Y Y ND 2% Y Y Y Y N N Y Y Y Y Y Y Y/N* N Y Y Y Y Y Y Y OH 2% Y Y Y Y N Y Y Y Y N Y Y N N Y Y Y Y Y Y Y OR 2% N Y Y N Y Y Y Y Y Y Y Y N N Y Y Y Y Y Y Y PA 2% N Y Y Y Y Y Y Y Y N Y N N N Y Y Y Y Y Y Y TX 2% N Y Y Y Y Y Y Y Y Y Y Y N N Y Y Y Y Y Y Y VA 2% N N Y Y Y N N Y Y Y Y Y N N Y Y Y Y Y Y Y WA 2% N Y N Y Y Y Y Y Y N Y Y Y Y Y Y N N N Y Y WV 2% Y N Y Y N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y WI 2% N N Y Y N Y Y N Y Y Y Y Y N Y Y Y Y Y Y Y WY 2% Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y AEPA IFB #018 Part C Member Agency Page 3 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 4.State Specific Terms and Conditions 1.California, Monterey County Office of Education dba CalSave 1)Governing Law and Venue The laws of the State of California govern the Contract and prevail in the interpretation and administration of the Contract. California-specific Terms and Conditions prevail over any General Terms and Conditions. Each and every provision of law and clause required by law to be included in the Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of or related to the Contract shall be with either the Superior Court in and for the County of Monterey, State of California or the Federal District Court for the Northern District of California, San Jose Division. 2)Authority For California, this bid is issued under the authority of the elected Monterey County Superintendent of Schools, who administers the Monterey County Office of Education (MCOE), located at 901 Blanco Circle, Salinas California, 93912. In this document, MCOE may be referred to as Agency, being distinct from other parties who may use this contract who are hereinafter referred to as Local Education Agencies (LEAs), regardless of their hierarchy or their political and organizational status as schools or municipalities. 3)CalSAVE, Administration, and Agent Contracts awarded and Awarded Contractors/Vendors will automatically be part of the CalSAVE program, and by bidding a vendor must agree to participate. CalSAVE is the cooperative purchasing program founded by the Monterey County Office of Education and administered by the Epylon Corporation under a contract with MCOE, in cooperation with the California County Superintendents Educational Services Association (CCSESA). MCOE is the lead agency for all Contracts, and the Monterey County Superintendent of Schools is the authority for the solicitation, evaluation and award of all contracts. Epylon serves as MCOE’s agent, but only the Monterey County Superintendent of Schools has the authority to award contracts. Correspondence and communication related to the contract award or administration of the program should be directed to Epylon, 630 San Ramon Valley Blvd., Suite 210, Danville, CA 94526. MCOE reserves the right to change agents or to change the contact name of existing Agent’s personnel administering the contract. If Agent or Agent’s personnel change, Awarded Contractors/Vendors will be notified with new instructions. 4)Transaction Fees Transaction Fees are the funding source for the operation of the self-supporting CalSAVE cooperative purchasing program. Awarded Contractors/Vendors shall be required to pay a Transaction Fee for all purchases by LEAs made through the awarded Contract. For the purpose of this bid through Monterey County Office of Education and all Contracts awarded using this document, the Transaction Fee shall be 2 percent of Net Sales, which means gross sales less returns and cancelled orders within 30 days, shipping and sales and other taxes (excluding taxes based on net income). Transaction Fees will not be charged to or paid by the buyers themselves. Neither Awarded Contractor/Vendor nor its designated authorized reseller(s) shall include any additional amount corresponding to the Transaction Fees in the awarded Contract prices. This Transaction Fee applies to all orders, regardless of the method used to submit the order, or the quantity or dollar amount of the order. Epylon will collect the Transaction Fee on behalf of the CalSAVE program. The Contractor/Vendor will make all participation fee payments within two weeks after sending the quarterly report. Checks are to be made payable to the Epylon Corporation and sent to 630 San Ramon Valley Blvd., Suite 210, Danville, CA 94526. 5)Non-Conforming Jurisdictions Notwithstanding Section A.4 (immediately above) no Transaction Fee is authorized to be charged to Awarded Contractors/Vendors for sales within any jurisdiction where prohibited by law or local- government policy. Instead, the cost of products, services, licenses and goods sold under this contract in such jurisdictions shall be the same as for all school districts in all other counties of California. However, any LEA using this contract where Section 4 fees are not permitted shall be required to pay a 2 percent fee for use of the contract, imposed by MCOE on the authority of Public Contract Code Section 20118 and 20652, which allows MCOE to charge reasonable costs to the public corporation or agency for furnishing the services incidental to the purchase of items under contract. 6)Reports The Contractor/Vendor will compile a quarterly report listing each purchase made by participating Agencies under this contract, and send them by the 15th of April, July, October, and January to Racquel Landolf with the e-mail address of AEPA IFB #018 Part C Member Agency Page 4 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions rlandolf@epylon.com. These reports shall be in Microsoft Excel format and shall have file names that identify the contractor/vendor and the month being reported. The file at a minimum shall include the fields listed below and shall allow for sorting on any of these fields: Date of Order Name of Participating Agency (LEA) Description of Item Purchased Manufacturer’s SKU Number Quantity Contract Unit Price Extended Price List Price Before AEPA Discount 7) Length of Term The term of the agreement shall commence on the date of the award and continue as stipulated in General Terms and Conditions, unless terminated, canceled or extended. Contract may be terminated by MCOE if LEAs have not used the contract in any 12-month period, or if orders from participating LEAs do not total $10,000 in any 12- month period. California statutory term limits and extensions shall apply. 8) Marketing and Advertising under this Agreement Vendor will actively promote the use of this contract by LEAs in California. Vendor must comply with the marketing plan offered as part of its bid submission. Unless other arrangements are made with the CalSAVE administrator, vendor is also required to perform the following: a. Vendor will include the approved CalSAVE logo, web address, and toll free number in all print electronic mail and other advertising and promotion intended for release to California K-12 schools, excluding national marketing releases. b. The CalSAVE logo and associated CalSAVE information shall be of a clearly readable size and in appropriate proportion to other elements in the printed material. c. Vendor agrees to provide CalSAVE with a copy or proof sheet of the advertisement or promotion material. Vendor will provide CalSAVE with date of release and name of publication, journal, etc. d. Vendor shall place a supplied CalSAVE vendor sign on booths, tables, etc. of any or all exhibits for which the vendor displays/participates at California tradeshows, conventions and the like. Vendor will supply in advance scheduled exhibit dates. Vendor agrees to make available at the exhibit CalSAVE supplied brochures or other promotion materials. e. Vendor agrees to insert the approved CalSAVE logo, web address, and toll free number on the vendor’s web site promoting or a specific CalSAVE landing page and providing a link to the CalSAVE website. f. Vendor will supply product catalog information, product description, pricing, etc., in a spreadsheet format as specified by CalSAVE for inclusion on the CalSAVE website. g. Vendor agrees to cooperate in developing appropriate website content to promote its products, services and their advantages to school districts. h. Requested materials will be submitted to CalSAVE within 30 days. A. Additional Member Agency Terms and Conditions for Non-Construction Products and Services 1) Conformance to Public Contract Code 20111 An award by the Monterey County Superintendent of Schools under this solicitation will be for the purchase of equipment, materials, supplies, services or repairs to be furnished, sold, or leased in accordance with Public Contract Code 20111 and 20650. Awards shall include allowance for installation and assembly services incidental and necessary to the use of the equipment, materials, supplies and repairs purchased or leased. 2) Conformance to Public Contract Code 20118 and 20652 All public agencies (LEAs) are authorized by law to purchase off a contract awarded by an agency that has itself gone to bid, including all K-12 schools districts, community college districts, special districts and JPAs serving education, pursuant to Public Contract Code Sections 20118 and 20652. Using these statutes, the Monterey County Office of Education hereby declares its intent and authorization to make all contracts awarded under this contract "piggybackable" by other agencies in the state. The Agency waives any right to receive payment from other California agencies making purchases off the awarded contracts and those agencies will make payment directly to the vendors. Any legislative changes to Public Contract Codes 20118 and 20652 during the term of the contract(s) with Award Vendor(s) shall apply to the contract(s) immediately when such changes become law. AEPA IFB #018 Part C Member Agency Page 5 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 3) Additional Piggyback and Standard School Supply and Equipment Authority The Monterey County Office of Education declares that items, materials, personal property, equipment and licenses under Contract as a result of this Invitation to Bid will qualify as items to be included within its Standard School Supply and Equipment List. Because many County Offices of Education have banded together to create both the EdBuy and the CalSAVE programs for the purpose of collectively creating both a standard School Supply & Equipment List and cooperative contracts, the items solicited and awarded through this bid may also constitute a portion of an official Standard School Supply and Equipment List for other participating County Offices of Education and County Superintendents of Schools. Purchases by other County Offices of Education and LEAs may be made, not only in accordance with Public Contract Code 20118 and 20652, but also in accordance with Education Code 38110 and 38112 dealing with cooperatives and Standard School Supplies & Equipment. B. Additional Member Agency Terms and Conditions for Construction Products and Services 1) Intended for Personal Property An award by the Monterey County Superintendent of Schools under this solicitation will be for the purchase of equipment, materials, supplies, services or repairs to be furnished, sold, or leased in accordance with Public Contract Code 20111 and 20650. Awards shall include allowance for installation and assembly services incidental and necessary for use of the equipment, materials, supplies and repairs purchased or leased. When any services or repairs fall into a category of Public Works as defined in Public Contract Code 22002, an LEA may use this California contract only up to $14,999 for labor and services, but for an unlimited dollar amount for any supplies, materials, equipment or personal property to be staged and ready for use in a local Public Works project. 2) Public Works Limitations When Public Works services cost $15,000 or more, an LEA, under most situations, must bid itself independently for the services and labor related to the public work, but may use this contract for the contracted supplies, material or equipment related to the project. If circumstances allow, LEAs may also combine this competitively bid contract with other alternative authorities for Public Works projects as may be allowed by law, such as Public Contract Code 22030, Education Code17406 or Government Code 1466. LEAs should consult with their own legal counsel to see if such statutes apply to their Public Works projects. C. Procedure for Processing Orders 1) Start date Once the award is made to the Contractor/Vendor and signatures have been placed on the contract from both parties, the Awarded Contractor/Vendor is authorized to begin selling to eligible Agencies. MCOE will begin informing LEAs of the Contract once the Contract has been signed. 2) Prices and Requests for Quotes The Awarded Contractor/Vendor, in cooperation with MCOE’s agent, must make provision for LEAs to quickly ascertain bid prices by posting prices, posting a link or contact for prices, distributing catalogs and price lists, responding to requests for quotations, or participating in eCommerce. The 2 percent Transaction Fee on all sales is a cost of doing business to the vendor and the requirement for the fee is publicly disclosed in these bid documents for the edification of all buying agencies and LEAs. Transaction fees should not appear as a line item on a quotation or on listed bid pricing. The final price quoted or displayed must be inclusive of the participation fee on all pricing and quotations. 3) Submission of Orders and Delivery After entering into an agreement with MCOE, an LEA electing to use this Contract will enter into a separate contract with the Vendor by way of a purchase order or separate contracting document (“Separate Contract”). Purchase orders will be issued by participating LEAs to contractor/vendor. LEAs will fax or mail purchase orders directly to the CalSAVE office fax at (866) 488-3729), unless other arrangements have been made and agreed to by the CalSAVE Administrator. LEAs may also use Epylon eCommerce software for transmission of purchase orders. Standard business practice is for all purchase orders received by 3:00 p.m. Pacific Time to be logged and forwarded to the appropriate vendor on the same day received, unless unusual circumstances occur. It is the responsibility of the awarded/Vendor contractor to track any purchase order received directly from an LEA and to include that order on quarterly reports. Awarded Contractor/Vendor will deliver goods, services and corresponding invoices directly to the participating LEAs and receive payments directly from the participating LEAs as per bid specifications. AEPA IFB #018 Part C Member Agency Page 6 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions D. Agencies Allowed to Purchase under the Member Agency 1) Other Agencies’ Right to Purchase. CalSAVE is a self-supporting contracting program led by the Monterey County Office of Education. Contracts are made available to all California public school districts, private and non-public schools registered with a county office of education or state Department of Education, charter schools, community college districts, eligible state agencies, non-profits (particularly those such as PTAs buying on behalf of schools or government), and any other agency allowed by law – all referred to as LEAs. Subject to the following terms and conditions, the Monterey County Office of Education (MCOE) consents to LEAs purchasing items at the same unit price(s) or pricing formula under the terms and conditions of this Contract, as may be authorized by Sections 20118 and 20652 of the Public Contract Code or other legal authority: a) Any other agency (LEA) authorized by law to use this Contract for its own purchase(s) from the Awarded Contractor/Vendor or their authorized resellers shall by default enter into a standard agreement with MCOE, which inter alia will include the terms, conditions, and information set forth in this paragraph a and paragraphs b through i below. After entering into a standard agreement with MCOE, an Other Agency electing to use this Contract will enter into a separate contract or purchase order (“Separate Contract”) with the contractor/vendor. The Separate Contract is subject to and includes and/or incorporates all applicable terms of this Contract and the specific requirement that the Awarded Contractor/Vendor comply with the provisions set forth in the paragraph regarding payment of the 2 percent Transaction Fee (or the non- conforming jurisdiction fee) to be collected by the Epylon Corporation. MCOE will not be a party to any Separate Contract, but will be considered a third party beneficiary of such Separate Contract. a) The Awarded Contractor/Vendor understands and agrees that failure or refusal to comply with the provisions set forth in this agreement regarding payment of the 2 percent Transaction Fee in conjunction with any Separate Contract or any other use of this Contract by an “Other Agency” is grounds for cancellation of the Contract. The Contractor/Vendor also understands and agrees that if the Contract is cancelled for this or any other reason, MCOE may give notice of such cancellation by any other means appropriate to inform LEAs of that cancellation. b) The MCOE waives any right it may have to require any LEA using this Contract to draw its warrants for the purchase(s) in its favor and consents to each agency making such payment(s) directly to the contractor/vendor. c) Sales tax and freight/shipping charges included in the Contract apply to the MCOE only. Additional sales tax and freight/shipping charges may be required on purchases by any LEA and are outside the scope of this Contract, unless specifically addressed elsewhere in Part A or Part B of the Terms and Conditions. d) This Contract and any Separate Contract are for the purchase of the items covered by Contract. An LEA may, however, exercise its authority under Education Code section 17597 or 81645 or other legal authority to sell and lease back any item owned by, or to be owned by, it pursuant to any Separate Contract. The contractor/vendor agrees to take any and all actions requested by any LEA that are necessary to effect any such transfer, by way of example only, accepting payment under the Separate Contract from any third party to whom any such transfer is made. e) Both the contractor/vendor and any LEA using this Contract agree that the MCOE makes no representation that use of this Contract by any Other Agency is, in fact, authorized by law. In this regard, the MCOE suggests that, at a minimum, Contractor/Vendor and any LEA considering such use consult with their own legal counsels before doing so. f) Both the contractor/vendor and any LEA using this Contract agree to defend, indemnify and hold the MCOE, the Monterey County Superintendent of Schools, and the Monterey County Board of Education and its members, as well as all of their respective officers, employees and agents, free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any such use. g) MCOE reserves the right to cancel the whole or any part of this contract due to failure by the contractor to carry out any obligation, term or condition of the contract. MCOE will issue written notice to the contractor for acting or failing to act in any of the following: a. The vendor fails to adequately perform the services set forth in the contract b. The vendor fails to make progress in the performance of the contract and/or gives MCOE reason to believe that the contractor will not or cannot perform to the requirements of the contract c. The contractor fails to observe any of the terms and conditions of the contract AEPA IFB #018 Part C Member Agency Page 7 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions d. The contract fails to pay Transaction Fees e. The contractor fails to follow the established procedure for purchase orders, invoices and receipt of funds as stipulated by the MCOE. MCOE shall follow the following procedure if the contract is to be terminated: Step 1 - Issue a warning letter of concern outlining the violations and length of time to correct the problem(s). Step 2 - Issue a letter of intent to cancel the contract, if the problem(s) is not resolved by a given date. Step 3 - Issue letter to cancel the contract. Upon receipt of the written notice of concern, the contractor shall have ten (10) business days to provide a satisfactory response to MCOE. Failure on the part of the contractor to address adequately all issues of concern may result in contract cancellation. 2) Other Agencies, Constitutionally Independent Agencies, and Out-of-State Agencies Other agencies and out-of-state agencies and LEAs may use the contract as allowed by California Government Code Section 6502, which says, “If authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties, even though one or more of the contracting agencies may be located outside this state. It shall not be necessary that any power common to the contracting parties be exercisable by each such contracting party with respect to the geographical area in which such power is to be jointly exercised. For purposes of this section, two or more public agencies having the power to conduct agricultural, livestock, industrial, cultural, or other fairs or exhibitions shall be deemed to have common power with respect to any such fair or exhibition conducted by any one or more of such public agencies or by an entity created pursuant to a joint powers agreement entered into by such public agencies.” AEPA IFB #018 Part C Member Agency Page 8 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 2. Colorado, Colorado BOCES Association (CBA) A. Additional Agency Terms and Conditions Advertising: CBA will require a marketing flier, in electronic format, and timely updates from each vendor promoting the contract and AEPA/CBA relationship. CBA will assist in the development of the marketing flier and other appropriate materials which will include logos representing the vendor/AEPA/CBA. This flier will be for distribution and dissemination to all qualified customers through the CBA website and other appropriate and available methods. Sales to Qualified Customers: Boards of Cooperative Educational Services (BOCES) in Colorado are legislatively created cooperative organizations directed by Colorado state statute 22-105 to serve all qualified agencies in a cooperative manner. BOCES are governed by publicly elected officials and by state and federal laws. No agency is obligated to use these services and contracts, but they find the benefits of low price and the satisfied bidding process most advantageous. Qualified agencies in Colorado include all public or private educational institutions, K-12 and higher education, all non-profit organizations, and all county or local governmental agencies. CBA requires that all participating vendors offer the Agency contract opportunities to all qualified customers. A. Procedure for Processing Orders: Once the award is made to the vendor. CBA will inform its members of the contract by: i. Including the contract in the agency database that is available on the CBA website ii. Announcing the award through normal communication channels, CBA member presentations as well as regular electronic and direct mail communications. iii. Offering the opportunity to the vendor to publish their marketing information on the CBA website link to cooperative purchasing opportunities. A listing of CBA members, institutional names, contact names, addresses and phone numbers is available to the vendors through the CBA website. At this point the vendor must contact the members and qualified customers; and the customers have the right to contact the vendors directly. Note: CBA requires the awarded vendors to take ownership and actively promote the contract in cooperation with CBA to all members and qualified customers. When the customer identifies a desired product or service as available through the AEPA/CBA contract and agrees on price as presented to the customer by the awarded AEPA/CBA vendor, the customer then issues to the vendor a purchase order for that item or service. The awarded price must include an additional two percent (2%) administrative fee in the total cost (not as a separate line item), based on the total cost of goods and services including installation. This fee is to be forwarded by the vendor to CBA after the sale and payment is made to the vendor. Payment shall be made to CBA on a quarterly basis along with the complete sale report as specified in the general terms and conditions. The sale and transaction may continue without delay or anticipation of the CBA denial of said transaction. The administrative fee percentage (2%) is based on the total sale of goods and services including installation and must be included in the original cost quoted to the customer. In the event of a lease, the total administrative fee for the value of goods and services shall be paid to CBA by the vendor at the front end of the lease. Vendor makes all deliveries and installation of products and services. CBA does not warehouse items nor provide services. AEPA IFB #018 Part C Member Agency Page 9 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 3. Connecticut, Capitol Region Education Council (CREC) A. ADDITIONAL MEMBER AGENCY GENERAL TERMS AND CONDITIONS Applicability of Contract Provisions to Connecticut Participants - The Capitol Region Education Council (CREC) is the AEPA Member Agency. Any entity that uses the contract awarded by CREC under this document is referred to as a “Participant.” The bidder that is awarded the contract by CREC is referred to as the "Contractor." Modification to Bid Language in the AEPA Invitation for Bid - The Bidder by submitting its bid hereby declares that this Bid is made without any connection with any other person or persons making any proposal for the same items, that it is in all respects fair and without collusion or fraud and that no person acting for or employed by CREC or a Participant is directly or indirectly interested in the proposal or in the goods or services to which it relates, or in any portion of the profits therefrom. Modifications and Additions to Contract Language in the AEPA Invitation for Bid A. Event of default and termination of Contract: CREC shall have the right to cancel the contract based upon a default by Contractor. A Participant shall have the right to cancel its purchase arrangement based on a default by the Contractor with regard to such purchase arrangement. In addition, CREC and each Participant reserves the right to withhold payments for goods and services that are not in compliance with the terms of the contract or if the Contractor is in default. Any of the following shall be a default under the contract: 1) The Contractor fails to adequately perform the services set forth in the contract; 2) Contractor fails to deliver all or any part of the goods, or delivers defective goods; 3) The Contractor fails to make progress in the performance of the contract and/or does not deliver within the agreed-upon schedules; 4) The Contractor fails to observe any of the terms and conditions of the contract, including, without limitation, assigning the contract and/or failing to deliver required insurance or performance bonds; 5) The Contractor fails to follow the established procedure for purchase orders, invoices and receipt of funds as stipulated by the Participant; or 6) the Contractor has become insolvent, makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy or is subject to an involuntary petition in bankruptcy not discharged within thirty (30) days. CREC and each Participant shall follow the following procedure if the contract or purchase order is to be terminated: Step 1 – Issue a warning letter of concern outlining the violations and length of time to correct the problem(s). The length of time to correct the problem shall be determined by CREC or the Participant, as applicable, in its sole discretion, based on the problem. Step 2 – Issue a letter of intent to cancel the contract or purchase order, if the problem(s) is not resolved by the given date. Step 3 – Issue the letter to cancel contract or purchase order. Upon receipt of the written notice of concern, the Contractor shall have ten (10) business days to provide a satisfactory response to CREC and the Participant that provided the notices. Failure on the part of the Contractor to address adequately all issues or concerns may result in contract cancellation. The remedy to terminate and withhold payments is in addition to any other remedies CREC and the Participants may have. In the event of Contract termination by a Participant, such Participant’s payment obligation shall cease as of the final date on which services in accordance with this Contract are last performed by the Contractor. Upon termination of this Contract under this section, the Contractor (and its surety) will be responsible for all of such Participant's expenses, losses and damages incurred in replacing Contractor for the remainder of the term of the Contract. B. Assignment: Contractor shall not subcontract, assign, transfer, convey, sublet or otherwise dispose of its/his/her contractual duties to any other person, firm, or corporation, without the previous written consent of CREC and any Participant that has an outstanding open purchase order or financing arrangement. If the Contractor wants to assign its/his/her right to payment of the Contract, Contractor shall notify CREC and any Participant that has an outstanding open purchase order or financing arrangement immediately, in writing, of such assignment of right to payment. In no case shall such assignment of Contract relieve the Contractor from its/his/her obligations or change the terms of the Contract. C. Indemnification: Contractor shall indemnify, defend, keep and save harmless CREC, each Participant and its respective agents, officials, employees and volunteers (each an “Indemnified Party”) against claims of injuries, death, damage to property, patent claims, suits, liabilities, judgments, cost and expenses (including attorneys' fees) which result from, arise out of, or in connection with the performance, or breach of performance, under the Contract of Contractor and any of its/his/her employees, agents or personnel. The Contractor shall, at its/his/her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgment shall be rendered against the Indemnified Party in any such action, the Contractor shall, at its/his/her own expense, satisfy and discharge the same. Contractor expressly AEPA IFB #018 Part C Member Agency Page 10 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Indemnified Party as herein provided. D. Participant Policies: The Contractor must be familiar with a Participant’s policies or regulations which affect the services provided under this Contract and that have been or will be distributed during the term of this Contract. Policies and regulations include but are not limited to school district or organization policies, town policies, charters, and ordinances. As each municipality, board of education, governmental agency, educational institution, and non- profit organization in the State of Connecticut may have or may be required to have, individual policies and procedures for the procurement of goods and services; and as one of the aforementioned institutions/agencies may be dependent upon the policies/procedures of another institution or agency, it is required for the Contractor to be familiar with the policies of the Participant that impact the purchase. In limited situations, there may be State statutes which govern the allowability of purchases to be reimbursed by State funding. The Participant should obtain its own legal advice on these statutes prior to purchasing under a contract. E. Performance Bonds: Each Participant may require a performance bond in the case of services to be performed under the Contract if required. The Contractor shall furnish to the Participant a Surety Performance Bond (“Performance Bond”) with an option to renew each succeeding year of the Contract in a form satisfactory to the Participant assuring the faithful performance of the Contract. The Bond shall be equal to one hundred percent (100%) of each year’s estimated Contract price as reviewed and agreed upon by the Participant, and shall be continued for the life of the Contract in amounts equal to one hundred percent (100%) of each year’s estimated Contract price as reviewed and agreed upon by the Participant. The Contractor must send such Performance Bond to the Participant prior to the commencement of any services under the Contract. Each such Performance Bond shall be furnished by a surety company acceptable to the Participant and licensed or authorized to do business in Connecticut and New England. Failure to deliver the bond shall be considered a default under the Contract, at the discretion of and upon notice by the Participant. F. Governing law: This Contract shall be governed by, and construed and enforced in accordance with, the laws of the State of Connecticut without regard to its conflicts of laws principles. Conflict of Interest The Contractor shall disclose any relationship with a CREC employee that would not be considered an “arms-length” or independent transaction, as described below. This disclosure must be made in writing to CREC for an evaluation. CREC will respond to this disclosure in writing. A CREC employee (including independent contractors for purposes of this definition) placing an order or recommending a vendor must disclose any relationship with that vendor which would not be considered an “arms-length” or independent transaction. This disclosure must be made in writing to CREC for an evaluation. CREC will respond to this disclosure in writing. For a transaction to be considered “arms-length” or “independent”, a CREC employee should not be influenced, dependent upon, guided or controlled by a vendor into choosing that vendor, or item to purchase; nor should it appear to a third party that a CREC employee made a purchasing decision which appears to be based upon a personal relationship between the CREC employee and vendor. The following are examples when a transaction is NOT considered arms-length or independent: (1) when there exists a personal relationship between a CREC employee and a vendor, (2) when there exists the potential for a personal benefit to a CREC employee, or (3) the parties to a business deal are dependent upon one another for “something” other than the purchase itself. In addition, the Contractor shall, if given a copy of the potential Participant’s conflict of interest policy, follow the process in that policy, or otherwise disclose to a potential Participant any relationship that would not be considered an “arms- length” or independent transaction with that Participant, as described above. This disclosure must be made in writing to the chief official (for example, the Superintendent at a board of education) at the potential Participant. Determination of the existence of a conflict of interest does not prohibit CREC and/or a Participant from entering into the contract and purchase order, respectively. AEPA IFB #018 Part C Member Agency Page 11 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions Financing Arrangements - Any financing arrangements (including lease purchasing arrangements) will be made directly between the Contractor and a Participant. Financing arrangements may be subject to additional laws, rules and regulations, terms and conditions not described in this document and are subject to separate negotiation with each Participant that is interested in such an arrangement. Each Participant should seek its own legal advice prior to entering into a financing arrangement. CREC must receive a report annually summarizing the executed lease purchases along with the summary of the customer purchases. CREC will not collect lease payments or be involved in the terms and conditions of the lease. All lease arrangements are between the Contractor and the Participant only. Affirmative Action - The Contractor must have an employment policy that there shall be no discrimination against anyone on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, mental retardation, physical disability or sexual orientation in the hiring, upgrading, demotions, recruitment, termination and selections for training, in any manner prohibited by the laws of the United States or of the State of Connecticut. The Contractor further agrees to be an "affirmative action-equal opportunity employer.” Independent Contractor - The Contractor shall not be held or deemed in any way to be the agent or employee of CREC and/or a Participant. It is the intention of the parties that the Contractor shall be and is to be considered an independent contractor. Incorporation of Bid Documents - The bid documents, including all appendices executed by Contractor that have been accepted by CREC (the “Bid”) are specifically incorporated into this Contract. Freedom of Information Act - The Contractor acknowledges that CREC and some Participants are subject to the Freedom of Information Act, Connecticut General Statutes Sections 1-200 et seq., and submitted to CREC and/or such Participants may be made available to the public under the provisions of the Freedom of Information Act. Marketing and Advertising - Contractor agrees to provide CREC with a copy or proof sheet of all advertisements, customer communications or promotional material for prior approval. C. Additional Member Agency Terms And Conditions For Construc-Tion Products And Services CT Commission on Human Rights and Opportunities: Municipal Public Works contracts funded in whole or in part by the State of Connecticut are subject to contract compliance requirements and set-aside goals as follows: The contractor who is selected to perform this State project must comply with CONN. GEN. STAT. §§ 4a- 60, 4a-60a, 4a- 60g, and 46a-68b through 46a-68f, inclusive, as amended by June 2015 Special Session Public Act 15-5. State law requires a minimum of twenty-five (25%) percent of the state-funded portion of the contract for award to subcontractors holding current certification from the Connecticut Department of Administrative Services (“DAS”) under the provisions of CONN. GEN. STAT. § 4a-60g. (25% of the work with DAS certified Small and Minority owned businesses and 25% of that work with DAS certified Minority, Women and/or Disabled owned businesses.) The contractor must demonstrate good faith effort to meet the 25% set-aside goals. For municipal public works contracts and quasi-public agency projects, the contractor must file a written or electronic non- discrimination certification with the Commission on Human Rights and Opportunities. Forms can be found at: http://www.ct.gov/opm/cwp/view.asp?a=2982&q=390928&opmNav_GID=1806 D. Procedures For Processing Orders Purchase orders will not be accepted or processed by CREC. All business will be contracted directly with the Participant, which will issue a purchase order and provide payment for the applicable good or service directly to the Contractor. To the extent not otherwise described in this document, once a purchase order is issued by a Participant to a Contractor, all of the provisions of the contract shall benefit and be enforceable by such Participant, unless specifically identified as applying to CREC only. E. Agencies Allowed To Purchase Under The Member Agency There are 169 school districts in Connecticut and all are eligible for membership. No district is obligated to use these services. Additional members may include other public educational institutions, public colleges or universities, community colleges, vocational or technical schools, municipal governments, and other governmental, quasi- governmental, or non-profit organizations. AEPA IFB #018 Part C Member Agency Page 12 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions Work in Other States CREC is making the CT AEPA contract available for vendors to use in all New England states – CT, ME, NH, RI, VT – and New York, and any other state without AEPA member representation. Our contract is also available in MA for vendors who TEC has been unable to sign with. Sales made in any of these states using the AEPA contract are to be reported to CREC, with the 2.0% administrative fee made payable to CREC. The Contractor must advise CREC its intent to use the contract in any of these states. All Terms and Conditions for Connecticut apply to work in these states. It is the Contractor’s obligation to ensure that the purchaser fully understands the AEPA contract, including whether it is allowable under applicable state regulations. AEPA IFB #018 Part C Member Agency Page 13 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 4. Florida, Panhandle Area Education Consortium A. Additional Agency Terms and Conditions Vendor Contact: Vendor will designate to the Panhandle Area Educational Consortium (PAEC), one individual who will represent them during the agreement period. This contact person will correspond with each ordering member for technical assistance, problems, or questions that may arise, including instructions if different contacts for different geographical areas are needed. This information will be distributed to all school districts upon award of this bid. Vendors may use this contract to sell products or services in addition to school districts to any government agency, non-profit organizations or institutions. Vendor agrees to abide by all federal, state and local laws and regulations. It is the responsibility of the Vendor to determine applicability and requirements of any such laws and to abide by them. B. Procedures For Processing Orders Once the award is made to the Vendor, PAEC will inform all school districts of the contract by: 1. Including the award information on the PAEC Web site at www.paec.org/clearinghouse 2. Announcing the award in its PAEC Horizon and FEC newsletters 3. Announcing the award via electronic mail to all members 4. Advertising propmotional information over the Florida Education Channelß Any members, contact names, addresses and phone numbers will be available at the PAEC Web site www.paec.org. At this point, the Vendor may contact the members and the members may contact the Vendor. The member will identify a desired product or service available through the AEPA contract and agrees on the price and conditions as presented to the member by the awarded AEPA Vendor. The member then issues to the Vendor a purchase order for that item or service. The purchase order must include an additional (2%) administrative fee built into the total invoiced cost, based on the total costs of good, services and installation. A final copy of the customer purchase order or sales summary must be sent to PAEC by the Vendor after completion of the service or installation. The Vendor has (30) thirty days to forward this purchase order. This will insure compliance of the contract. Vendor makes all deliveries and installations of products and services. PAEC does not warehouse items. All participating Vendors agree to and are subject to audit proceedings of the AEPA sales to members. The Vendors price will include a (2%) administrative fee that the Vendor shall collect from the member and remit to PAEC on a quarterly basis. The Vendor will produce and provide to PAEC quarterly reports ending March 31, June 30, September 30 and December 31 throughout the contract period. The reports shall identify the Vendor and the quarter being reported, shall include a minimum of the fields listed below: 1. Date of Order 2. School district 3. List or academic price sales totals 4. PAEC price sales totals 5. Member savings total Quarterly reports and administrative fee payments to PAEC are due the 15th of the succeeding month, and all checks are to be made payable to the Panhandle Area Educational Consortium and sent to: PAEC, 753 West Blvd, Chipley, Florida 32428 and Attention: Finance Department. PAEC may designate another agent for collecting and administrative fee that will be negotiated with Vendor for e-commerce transactions. C. Agency Members Purchasing Under The Member Agency The Panhandle Area Educational Consortium is a fourteen member consortium that includes a voluntary purchasing program developed for schools in Florida. All other school districts in Florida are participating members in the programs of the Panhandle Area Educational Consortium (PAEC), including participation in the statewide coopertive purchasing program. Agencies that use this contract will be in compliance with FS1001.42. PAEC was established to provide easily accessible information for our member and participating public school districts and the communities we serve. Since the creation of PAEC in 1967, our school districts have benefitted from shared services made available through leading edge technology. While school districts access our teaching and learning, training and technology, and business operations services in varying degrees of need, all come for the mutually beneficial purpose of reaching their goals together. Vendor will also submit an annual sales report identifying all member purchases. AEPA IFB #018 Part C Member Agency Page 14 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 5. Indiana, Wilson Education Service Center (WESC) A. Additional Agency Terms and Conditions Participating entities and approved vendors must be in full compliance with statutory requirements of all applicable federal, state, and local laws, rules, regulations, and ordinances including applicable public works and prevailing wage projects. All provisions required thereby to be included herein and are hereby incorporated for reference. This contract shall be construed in accordance with and governed by the laws of the State of Indiana. Awarded pricing must be made available to all participating entities regardless of size. B. Procedure for Processing Orders Wilson Education Service Center will inform all public school corporations, private/parochial schools, charter schools, non profit entities, municipalities, other governmental entities and higher education entities of contract awards via web sites and various marketing strategies. Vendors will have the primary responsibility to market contracts to eligible buyers within Indiana. After contracts are awarded and product information is available on our e-procurement sites vendors are free to contact eligible buyers and vice versa. The Wilson Education Service Center utilizes an e-procurement facilitation system as the only mechanism for ordering and the primary method of marketing. Bidders are required to use the IAESC Procurement System and GovPro systems upon award. A 2.2% administrative fee will be assessed on Gross monthly sales for IAESC Procurement (used by schools) and a 3.2% administrative fee will be assessed on Gross monthly sales on GovPro (all other entities) after a 1% price increase. Acceptance of a purchase order not transmitted electronically will constitute grounds for termination of bid award. Bidders shall not include Shipping and Handling Charges, Federal Excise Tax, or State Sales Tax on invoices. Taxes do not apply to purchases by the participating entities. All participating entities have a "Not for Profit Tax Exemption Certificate" which will be furnished by the buyer upon request by the vendor. Quantities shipped in excess of quantities designated in the Purchase Order, or unapproved product substitutions will be returned at the vendor's expense. C. Members Purchasing Under the Agency All public school corporations, private/parochial schools, charter schools, non profit entities, municipalities, other governmental entities and higher education entities are eligible buyers. The Wilson Education Center as established by Indiana Code 20-1-11.3- 1 with Inter-local Agreement Powers as established by Indiana Code 36-1-7-2 represents all eligible buyers in this program within Indiana. Public works projects have specific limitations using cooperative purchasing in Indiana as referenced in Indiana IC 36-1- 12-4.9. For the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property the cost of the public work must be less than one hundred fifty thousand dollars ($150,000). AEPA IFB #018 Part C Member Agency Page 15 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 6. Iowa, AEA Purchasing A. Additional Member Agency General Terms and Conditions that apply for all categories Right to Assign AEA Purchasing specifically reserves the right, in its sole discretion, to assign and transfer its interest in the Contract with the Vendor Partner, consistent with the terms and conditions of said Contract, to any organization, along with all corresponding duties, responsibilities, and obligations of both parties, and under the terms provided herein. B. Additional Member Agency Terms and Conditions for Non-Construction Products and Services None. C. Additional Member Agency Terms and Conditions for Construction Products and Services AEA Purchasing may participate in Construction Products and Services bids through AEPA on a limited basis due to the restrictions mandated in the Iowa Code, Chapter 26 and 573. D. Procedure for Processing Orders AEA Purchasing’s eligible clients follow a standard or electronic ordering process. The awarded Contractor will i nvoice and deliver products and services directly to AEA Purchasing’s eligible clients. All invoices for payment shall be sent directly to the AEA Purchasing eligible client ordering under the terms and conditions of this agreement. The AEA Purchasing el igible client will make payment directly to the awarded Contractor(s). AEA Purchasing does not process any orders. E. Agencies Allowed to Purchase under the Member Agency K-12 Public & Private Schools Area Education Agencies Colleges & Universities Public Libraries City, County & State Government Non-Profit Education Organizations AEPA IFB #018 Part C Member Agency Page 16 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 7. Kansas, Southeast Kansas Educational Services Cooperative– Greenbush (SEKESC) A. Additional Member Agency General Terms and Conditions that apply for all categories SEKESC has no additional general terms and conditions that apply for all categories. B. Additional Member Agency Terms and Conditions for Non-Construction Products and Services SEKESC has no additional terms and conditions for non-construction products and services. C. Additional Member Agency Terms and Conditions for Construction Products and Services It is further agreed that the provisions of K.S.A. 44-1030 (1) to (5), both inclusive, and as shown below, shall be applicable to this contract, except as to those contractors, vendors or suppliers whose cumulative dollar total in any fiscal year is $5,000 or less or have fewer than four employees. 1. The contractor shall observe the 8provisions of the Kansas act against discrimination and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, national origin or ancestry. 2. In all solicitations or advertisements for employees, the contractor shall include the phrase, “equal opportunity employer”, or a similar phrase to be approved by the commission. 3. If the contractor fails to comply with the manner in which he reports to the commission in accordance with the provisions of section 15 (44-1031) of this act, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, in whole or part, by the contracting agency. 4. If the contractor is found guilty of a violation of the Kansas act against discrimination under a decision or order of the commission which has become final, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, in whole or in part, by the contracting agency. 5. The contractor shall include the provisions of sub-sections (1) through (5) inclusively of the present section in every sub-contract or purchase order so that such provisions will be binding upon such subcontractor or vendor. 6. Any purchase order issued by SEKESC, or one of its District’s, is cancelable under provisions of K.S.A. 10-1113. All purchase orders shall be issued by the Kansas school district desiring to acquire the products or services under the bid. Said purchase order shall include adequate reference to identify the bid to which it relates. D. Procedure for Processing Orders The SEKESC develops all specifications for bids and proposals. After solicitation according to state law, awards are made to selected vendors. Members may then purchase from the list of approved vendors. To make a purchase, members prepare a purchase order directly to the vendor, the purchase order is submitted to the vendor as well as a copy mailed, e-mailed, or faxed to the SEKESC. The SEKESC will review the purchase order and will provide additional quality assurance to the procurement. If the purchase order is in need of modification, SEKESC will notify the district and the vendor of necessary corrections. The supplier provides the product, material, or service to the member and invoices the member. The member makes payment directly to the supplier. The vendor shall add a 2% administrative fee to the bid price. The administrative fee shall be invoiced as part of the overall invoice to the district. The vendor shall report gross sales quarterly to SEKESC and submit the 2% administrative fees to the SEKESC on a frequency of not less than quarterly. E. Agencies Allowed to Purchase under the Member Agency The structure of the SEKESC permits all school districts, interlocals and other qualified agencies to participate in awarded contracts under the AEPA bidding process. Virtually all public school districts in the state of Kansas can legally purchase through the SEKESC. Qualified agencies include all public educational institutions to include, universities, community colleges, and technical colleges, state, private and parochial schools, and charter schools. By mutual agreement with vendor and SEKESC, all awarded Kansas contracts are eligible to be offered to all cities, counties, governmental agencies and nonprofit organizations. Occasionally purchases are made from school districts and other non-profit institutions in adjoining states when the purchase is not available through their service agencies. Contracts available to such adjoining state agencies are available upon mutual agreement of vendor and SEKESC. No agency is obligated to use these services and/or contracts, but they will find the benefits of low price advantageous. AEPA IFB #018 Part C Member Agency Page 17 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 8. Kentucky, Green River Regional Educational Cooperative (GRREC) A. Additional Member Agency General Terms and Conditions that apply for all categories The Green River Regional Educational Cooperative, Inc. (GRREC) is one of eight educational cooperatives in Kentucky, all of which are participants in the AEPA bids. GRREC serves as contact agency for all AEPA correspondence for all eight educational cooperatives. For the Kentucky Educational Cooperatives, the collective bidding process is conducted consistent with KRS Chapter 45A, the Kentucky Model Procurement Code. Contracts with GRREC shall include the provision granting GRREC employees the right to access to the Contractor’s records. Vendor Contact: Vendor will designate to GRREC one individual who will represent them to Kentucky Bidding Cooperative members during the agreement period. This contact person will correspond with each ordering member for technical assistance, problems, or questions that may arise. Include instructions if different contacts for different geographical areas are needed; this information will be distributed to Kentucky Bidding Cooperative members upon award of this bid. The following Federal Clauses are required as a part of KY bid documents: 1. CLEAN AIR/CLEAN WATER A. Vendor Partner agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 et seq). Vendor Partner agrees to report each violation to the USDA and the appropriate EPA Regional Office. B. Vendor Partner agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. Vendor Partner agrees to report each violation to the USDA and the appropriate EPA Regional Office. 2. SUSPENSION AND DEBARMENT Vendor Partner understands that 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.” By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by GRREC. If it is later determined that Vendor Partner knowingly rendered an erroneous certification, in addition to remedies available to GRREC, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Vendor Partner agrees to comply with the requirements of 2 CFR 180.220 while the above-referenced contract is valid. Vendor Partner further agrees to include a provision requiring such compliance in its lower tier covered transactions. 3. LOBBYING Vendor Partner will comply with the Byrd Anti–Lobbying Amendment (31 U.S.C. § 1352) and the New Restrictions on Lobbying and has signed and attached to this Addendum the Certificate Regarding Lobbying and, if applicable, the Disclosure of Lobbying Activities (Forms SF-LLL) and annually will sign and submit a certificate, if applicable, Form SF-LLL to GRREC. 4. PROCUREMENT OF RECOVERED MATERIALS PURSUANT TO 2 C.F.R. § 200.322 Vendor Partner agrees to comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. 5. BUY AMERICAN “Domestic Commodity or Product” are defined as an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States. “Substantial” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States. The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards School Food Authorities (“SFAs”) must comply with when purchasing commercial food products served in the school meals programs. Buy American: AEPA Member Agencies or Participating Entities participating in the federal school meal programs are required to purchase domestic commodities and products for school meals to the maximum extent practicable. Domestic commodity or product means an agricultural commodity that is produced in the US and a food product that is processed in the US substantially (at least 51 percent) using agricultural commodities that are produced in the US. Federal regulations require that all foods purchased for Child Nutrition Program be of domestic origin to the maximum extent practicable. While rare, two (2) exceptions may exist when: the product is not produced or AEPA IFB #018 Part C Member Agency Page 18 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions manufactured in the US in sufficient, reasonable and available quantities of a satisfactory quality, such as bananas and pineapple; and competitive proposals reveal the cost of a domestic product is significantly higher than a non- domestic product. ALL products that are normally purchased by Vendor Partner as non-domestic and proposed as part of this contract must be identified with the country of origin. Vendor Partner shall outline their procedures to notify GRREC when products are purchased as non-domestic. Any substitution of a non-domestic product for a domestic product (which was originally a part of the solicitation), must be approved, in writing, by GRREC, prior to the delivery of the product to the AEPA Member Agency or Participating Entities. Any non-domestic product delivered to the AEPA Member Agencies or Participating Entities, without the prior, written approval of GRREC will be rejected. Vendor Partner must affirm its willingness to assert its best and reasonable efforts to ensure compliance with this federal rule. 6. COST REIMBURSEMENT CONTRACTS Solicitation Requirements for cost reimbursable contracts: A. Allowable costs will be paid from the nonprofit school food service account to the contractor net of all discounts, rebates and other applicable credits accruing to or received by the contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the school food authority; B. Contractor will separately identify for each cost submitted for payment to the school food authority the amount of that cost that is allowable (can be paid from the nonprofit school food service account) and the amount that is unallowable (cannot be paid from the nonprofit school food service account); or (B) Contractor will exclude all unallowable costs from its billing documents and certify that only allowable costs are submitted for payment and records have been established that maintain the visibility of unallowable costs, including directly associated costs in a manner suitable for contract cost determination and verification; C. Contractor’s determination of its allowable costs will be made in compliance with the applicable Departmental and Program regulations and Office of Management and Budget cost circulars; D. Contractor will identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the school food authority for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit; E. Contractor must identify the method by which it will report discounts, rebates and other applicable credits allocable to the contract that are not reported prior to conclusion of the contract; and F. Contractor must maintain documentation of costs and discounts, rebates and other applicable credits, and must furnish such documentation upon request to the school food authority, the State agency, or the Department. B. Additional Member Agency Terms and Conditions for Construction Products and Services The Contractor and subcontractors shall pay all laborers, workmen and mechanics performing work under this contract not less than the rate of wages set forth in the prevailing wage schedule incorporated in the contract conditions as determined by the Kentucky Department of Labor in accordance with the provisions of KRS 337.505 through KRS 337.550. Bidders are informed that construction contracts of the Commonwealth of Kentucky and political subdivisions are not exempt from the provisions of the Kentucky Sales and/or Use Tax. Current sales and/or Use Tax shall be provided for and included in the bid amount as no adjustments will be permitted nor made after receipt of bids. 1. It should be noted that where performance bonds are required, it should include both performance and payment bonds. 2. State Prevailing Wages shall apply for projects of $250,000.00 or more, or Davis Bacon wages (when federal funds are utilized) if higher than State Prevailing Wages. 3. All work shall be in accordance with necessary approvals from the Kentucky Department of Housing, Buildings and Construction and the Kentucky Building Code. 4. All processes of the project comply with 702 KAR 4:160, the Capital Construction Process, including necessary approvals from the Kentucky Department of Education. 5. Performance and payment bond on AIA document 312 must be provided for all projects that exceed $25,000. (Also provide that the Surety shall comply with state requirements.) 6. In accordance with 702 KAR 4:160, AIA and KDE documents be utilized on all projects including but limited to: AEPA IFB #018 Part C Member Agency Page 19 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions a. A 101 Standard form of Agreement between Owner and Contractor (including KDE amendments) b. A 201 General Conditions of the Standard Form of Agreement between Owner and Contractor (including KDE amendments) c. AIA A701 Instructions to bidders, with KDE amendment and KDE Form of proposal (may require editing AEPA instructions to bidders to eliminate conflicts). d. KDE purchase Order (for direct purchase of materials with tax number, to exempt materials from state sales tax) e. If applicable, where architectural services are provided by the Owner, Form B141, Standard Form of Agreement between Owner and Architect 7. Architectural services shall be provided in accordance with KRS 322.360 and other relevant Kentucky Revised Statutes by the vendor or the Owner at the Owner’s preference. C. Procedure for Processing Orders Once the award is made to the Contractor/vendor, GRREC and Kentucky’s other cooperatives will inform their members (school districts and other entities) of the contract by: 1) including the contract in the Current Bids section on their websites and 2) publishing the contract information in catalogs disseminated to all members. A list of members, contact names, addresses and phone numbers is made available to the Contractor. At this point the Contractor/vendor contacts the members and members may contact the Contractor/vendor. When the member identifies a product or service, it will issue a purchase order for that item to the vendor. The vendor’s price will include a two percent (2%) administrative fee that the vendor will collect from the member and remit to GRREC on a quarterly basis. Municipal and county governments, and other governmental, quasi-governmental, or nonprofit organization price will reflect a two percent (2%) administrative fee. On the occasion that an AEPA contract awarded by Kentucky is utilized by public school and public non-school entities in other states, purchases in these instances will also reflect a two percent (2%) administrative fee. The vendor will also compile and provide to GRREC a quarterly report showing all purchases made by Kentucky members (with specific detail as to what purchases were made by which members) under this contract. Further, if no purchases are made in any given quarter, the Vendor shall remit a “No Activities” statement to GRREC for that quarter. The vendor will also produce and provide to GRREC an annual summary report for all purchases made under this contract for a period of beginning with the award of the contract through December 31st and all consecutive annual periods if contract is extended. The vendor will make all administrative fee payments to the GRREC by the 15th of the month following the end of the quarter (i. e. April 15th, July 15th, October 15th and January 15th). All checks are to be made payable to GRREC and sent to GRREC, 230 Technology Way, Bowling Green, KY 42101 and Attention: Bids Coordinator. GRREC may designate another agent for collecting an administrative fee that will be negotiated with vendor for e-commerce transaction. GRREC will share information from the quarterly and annual reports and distribute the administrative fee among the other KY Educational Cooperatives according to membership. D. Members Purchasing under the Agency Currently there are 8 Bidding Cooperatives in Kentucky and all are participating in this invitation through GRREC’s solicitation. There are 170+ independent and county school districts and all are eligible for membership in a Bidding Cooperative and approximately 98% of the districts are members of one of the cooperatives. No district is obligated to use these services. Additional members may include other public educational institutions in the state, public colleges or universities, community colleges, vocational or technical schools, municipal and county governments, and other governmental, quasi- governmental, or non- profit organizations. Kentucky currently shares its AEPA contracts with the following states: AL, GA, LA, MS, NC, SC, and TN. Only those districts or institutions listed on an approved Bidding Cooperative membership list are eligible to purchase under these contracts. This list may change during the contract period. AEPA IFB #018 Part C Member Agency Page 20 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 9. Massachusetts, The Education Cooperative A. Additional Member Agency General Terms and Conditions that apply for all categories: All Contractors and Vendors shall comply with MGL Chapter 30B including: Signing a non collusion statement as required by MGL 30B s. 10; Signing a tax compliance certificate as provided in MGL Ch. 62C s 49A. All Contractors and Vendors will produce and provide to TEC at PO Box 186, Dedham, MA quarterly reports of all sales to Massachusetts Participants. The quarterly reports together with the administrative fee shall be sent to TEC with 15 days after the close of each quarter. B. Additional Member Agency Terms and Conditions for Non-Construction Products and Services: All Contractors and Vendors shall comply with MGL Chapter 30B. C. Additional Member Agency Terms and Conditions for Construction Products and Services All construction contracts shall be subject to the provisions of M.G.L. Ch. 149A. D. Procedure for Processing Orders 1. Once an award is made to a Contractor/Vendor, TEC will inform the Participants of the contract. At this point, the Contractor/Vendor may directly contact any Participant and any Participant may directly contact the Vendor. 2. Purchase orders will not be accepted or processed by TEC. All business will be contracted directly by Participant, which will issue a purchase order and provide payment for the applicable good or service directly to the Contractor /Vendor. 3. To the extent not otherwise described in this document, once a purchase order is issued by a Participant to a Vendor, all of the provisions of the contract shall benefit and be enforceable by such Participant, unless specifically identified as applying to TEC only. 4. The total cost of TEC’s program is funded through the administrative fee paid to TEC quarterly by the participating Contractors/Vendors. The administrative fee is based upon the total sale or lease of goods and services, including installation, if included, This fee shall be included in all price quotations to Participants and shall not be printed as a line item on the quotation. E. Agencies Allowed to Purchase under the Member Agency Any school district, municipality or non-profit tax exempt entity with a principal place of business in Massachusetts which sign the Participation Agreement attached hereto shall be entitled to participate. AEPA IFB #018 Part C Member Agency Page 21 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 10. Michigan, Oakland Schools, (OS) A. Additional Member Agency General Terms and Conditions that apply for all categories: 1. Advertising OS will require a marketing flier, brochure, or other similar marketing vehicle, in electronic format, from each Contractor promoting the available contract with the Contractor, and/or a web page or link. OS may assist in the development of the marketing flier and material (if requested by Contractor), but in all cases shall have authority to review and approve any marketing materials. If a web site is used, the link will be made available from the OS web page. Any web page or link, or other marketing tool shall be dedicated to AEPA information only. 2. Pricing OS requires that Contractors must offer prices lower than what they would offer on any single school district contract in Michigan; on other cooperative purchasing contracts available to Michigan public educational institutions, colleges and/or universities, County Government offices, cities, townships, and villages; or State of Michigan purchasing contracts. 3. Conflict of Interest Contractor shall disclose in writing to Buyer any conflicts of interest with Board members, administrators, and or employees of any Participating Entity (as defined below). A conflict of interest may include, but is not limited to, a financial ownership interest in, or employment with Contractor or Subcontractor by a Participating Entity’ Board member, administrator, or employee or their family member. A "family member" means a person's spouse or spouse's sibling or child; a person's sibling or sibling's spouse or child; a person's child or child's spouse; or a person's parent or parent's spouse, and includes these relationships as created by adoption or marriage. Determination of the existence of a conflict of interest does not prohibit the Participating Entity from entering into a contract with the Contractor (MCL 380.634; MCL 15.322 et seq). 4. T erm i nati on of Buyer’s Purc hase Order Default is defined as the failure of a Contractor to fulfill the contract, including but not limited to, not honoring bid prices, failure to deliver on time, or the unauthorized substitution of items or failure to comply with any or all of the specifications and/or terms and conditions contained in this solicitation or the contract/purchase order of a Participating Entity. Should the Contractor fail to satisfactorily resolve the default, the contract/purchase order may be terminated with thirty (30) days written notice. In that event, the Contractor shall be held liable to the Participating Entity for all costs and expenses incurred by the Participating Entity arising out of said default. Notwithstanding the foregoing, each Participating Entity may terminate their contract/purchase order, with or wit.hout cause, or discontinue purchasing from the Contractor at any time. 5. IRAN ECONOMIC SANCTIONS ACT Public Act 517 of 2012, commonly known as the "Iran Economic Sanctions Act" (the "Act"). The Act provides that beginning April 1, 2013, an "Iran Linked Business" is not eligible to submit a bid on a request for proposal with a "public entity" (Oakland Schools). The Act also requires that a person that submits a proposal in response to an Oakland Schools request for proposal must certify to the public entity that it is not an Iran Linked Business. This requirement applies to all requests for proposals issued by Oakland Schools, and not just to construction projects. The Act defines an Iran Linked Business as: i A person engaging in investment activities in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; ii A financial institution that extends credit to another person, if that person will use the credit to engage in investment activities in the energy sector of Iran. If the Oakland Schools determines, using credible information available to the public, that a person or entity has submitted a false certification, Oakland Schools must provide written notice to the person or entity of its determination and of its intent not to enter into or renew the contract. The notice must include information on how to contest the determination. The notice must also specify that the individual or entity may become eligible for future contracts with the public entity if the activities that caused it to be an Iran Linked Business are ceased. 6. Quality of Goods Bidder shall only bid new (not used or refurbished) items only. Seller warrants that all supplies, materials and equipment and services covered by a contract/purchase order with an Participating Entity will: (a) conform to the specifications, drawings, written instructions, samples, or descriptions; (b) be of good quality and workmanship; (c) be free of defects in design, materials and workmanship; (d) be merchantable; (e) be fit for particular purposes applicable to the design, function or use of the supplies, materials and equipment. 7. Taxes AEPA IFB #018 Part C Member Agency Page 22 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions The Participating Entities are exempt from State Sales Taxes and such taxes shall not be included in any solicitation prices. Exemption certificates will be provided upon request. 8. Shipping Costs Prices for all supplies, materials and equipment MUST include total freight, insurance and delivery charges to the ordering destination (“FOB Destination”). 9. Delivery Delivery must be made as instructed on the contract/purchase order with the Participating Entity. All services must be delivered as specified by the Participating Entity. 10. Hazardous Materials If any hazardous chemicals are supplied under a contract/purchase order arising out of this solicitation, a Material Safety Data Sheet (MSDS) shall accompany the delivery of any hazardous chemicals supplied by the Contractor. All MSDS sheets shall be sent to the attention of the Participating Entity. Ref: State of Michigan Act 154, Section 14, P.A. 1974 as amended. Copies of MSDS for all purchased hazardous materials must be provided prior to delivery of any items by the Contractor. Additionally, the MSDS needs to be attached to the invoice and all products delivered must be labeled according to Section 14 of Act 154, of the public Acts of 1974, as amended. Any appropriate products not labeled will be refused and the Contractor will be responsible for additional freight charges. Payment may be withheld until the Participating Entity receives the MSDS. 11. Acceptance Inspection and acceptance of supplies, materials and/or equipment will be made after delivery at destinations specified on the contract/purchase order with the Participating Entity, unless otherwise stated. Final inspection shall be acceptance except in regard to latent defects, fraud or such gross mistakes as to amount to fraud. Final inspection and acceptance or rejection of the supplies, materials and/or equipment will be made as promptly as practicable, but failure to inspect and accept or reject supplies, materials and/or equipment shall not impose liability on the Participating Entity for such supplies, materials and/or equipment that are not in accordance with the specifications of this solicitation or the contract/purchase order of the Participating Entity. 12. Modifications to Contracts No modifications to a contract/purchase order with a Participating Entity shall be binding upon such Participating Entity unless agreed to in writing signed by an authorized representative of the Participating Entity. 13. Indemnification Contractor agrees to indemnify, defend and hold harmless OS, each Participating Entity and each Other Agency, including their Board of Educations or governing body, in their official and individual capacities, employees, agents, successors and assignees, from and against any and all costs, expenses, damages, and liabilities, including reasonable attorney’s fees, arising out of the: (i) negligent act or omission or willful misconduct of the Contractor, its officers, directors, employees, successors, assignees, Contractors and agents; (ii) any breach of the terms of the contract between the Participating Entity and the Contractor; or (iii) any breach of any representation or warranty by Contractor under the contract with a Participating Entity or this solicitation. 14. Anti-discrimination The Contractor hereby agrees to comply with all federal, state and municipal equal opportunity and antidiscrimination guidelines and regulations, and covenants that the Contractor will not discriminate against an employee or applicant for employment with respect to hire, tenure terms, conditions or privileges of employment, or in a manner directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, marital status or disability. Failure on the part of the Contractor to comply with said guidelines and regulations shall, upon reasonable notice, constitute grounds for a Participating Entity to revoke and otherwise terminate the contract and all obligations of the Participating Entity hereunder. 15. Local Contract Terms and Conditions For procurements of supplies, materials, equipment and/or services resulting from this solicitation, it is clearly understood and agreed to by the Contractor that any clause, term, or condition not addressed in this solicitation, but required by a Participating Entity, shall be adhered to by said Contractor. 16. Governing Law Any contract arising out of this solicitation shall be governed by and construed under the laws of the State of Michigan. In the event of any legal action to enforce or interpret any contract arising out of this solicitation, the sole and exclusive venue shall be the state or federal court of the local jurisdiction where the Participating Entities located. B. Additional Member Agency Terms and Conditions for Non-Construction Products and Services: Special Bid Requirements for Supplies, Materials and Equipment: All supplies, materials, and equipment sold or leased to Michigan intermediate school districts or K-12 public school districts must be in accordance with MCL 380.623a and 380.1274, respectively. The procurement of supplies, materials and/or equipment in a single transaction costing more than the State of Michigan Competitive Bidding threshold set forth in MCL 380.623a and 380.1274 by an intermediate school districts or K-12 public school districts requires the district to obtain competitive bids and the purchase must be approved by the AEPA IFB #018 Part C Member Agency Page 23 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions district’s Board of Education. Participating Entities, other than from K-12, choosing to purchase from awarded AEPA contracts are subject to their own respective laws, and/or local policy, procedures, and/or Charters. C. Additional Member Agency Terms and Conditions for Construction Products and Services: Special Bid Requirements for Construction, Renovation and Remodeling: All Contractors understand and agree that the use of AEPA contracts is not intended for use by Michigan intermediate school districts or public K-12 school districts for construction, renovation or remodeling projects under MCL 380.1267 and agree to comply with all applicable standards and statutes for said construction projects. Participating Entities, other than from K-12, choosing to purchase from awarded AEPA contracts are subject to their own respective laws, and/or local policy, procedures, and/or Charters. D. Procedure for Processing Orders 1. Once the award is made to a Contractor, OS will inform the Participating Entities and Other Agencies of the award by announcing the award through its general and usual methods of disseminating information. 2. OS requires the awarded Contractor to take ownership and actively promote the contract in cooperation with OS to all qualified Participating Entities and Other Agencies. 3. akland Schools follows the AEPA Standard Ordering Process (see Part A, III. General Terms and Conditions for All Agencies, “Ordering Procedures”). 4. Administrative Fee: a. Contractors shall be required to pay a two percent (2%) administrative fee (the “Fee”) based on the total cost of goods or services purchased, including installation and freight, if applicable. In the event of a lease arrangement, the total Fee for the value of goods leased shall be paid to OS by the Contractor at the front end of the lease. Contractor or its designated authorized reseller(s) shall not include any additional amount corresponding to the Fee in the bid responses or awarded prices. Administrative fee payments and sales reports are to be submitted to Oakland Schools on a quarterly basis. E. Agencies Allowed to Purchase under the Member Agency: OS serves all local school districts located in Oakland County, Michigan. In addition to, and in accordance with the terms and conditions set forth in this solicitation, all public school districts, private schools, public school academies and intermediate school districts in the State of Michigan shall be permitted to use AEPA solicitations approved by OS. In accordance with the terms and conditions set forth in this solicitation, colleges, universities, counties, cities, townships, villages, and non-profit organizations may also use select AEPA solicitations. It should be clearly understood that OS is assisting these Participating Entities as a service to procure selected supplies, materials and equipment and services desired by the Participating Entity. Both the Contractor and any Participating Entity using this solicitation agree that the OS makes no representation that use of this solicitation by any Participating Entity is, in fact, in compliance with rules, regulations, policy or procedures of the Participating Entity. In this regard, the OS strongly suggests that, at a minimum, the Contractor and any Participating Entity considering such use consult with their own legal counsels before doing so. All Participating Entities using AEPA solicitations shall be responsible for adhering to their own applicable rules, regulations, policies, procedures and state statutes, etc., which may govern the use of cooperative purchasing contracts within their respective jurisdictions. AEPA IFB #018 Part C Member Agency Page 24 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 11. Minnesota, Cooperative Purchasing Connection (CPC) A. General Terms and Conditions that apply for all categories 1. Hazardous Substances: All hazardous products purchased by members shall include a Safety Data Sheet (SDS) with the delivery. 2. Lease and Rental Agreements: Vendor may allow CPC participating agencies to enter into rental, lease, or lease purchase agreements, providing such agreements are in compliance with Minnesota Statutes and guidelines. CPC must receive a report annually summarizing the executed lease purchases along with a summary of the agencies’ purchases. CPC will not collect lease payments or be involved in the terms and conditions of the lease. All lease arrangements are between the vendor and the CPC participating agency. Vendor agrees that leases will be in compliance with the Uniform Commercial Code. A two percent (2.0%) administrative fee must be included in the lease cost based on the total value of the goods and applicable services purchased. This fee is referred to under ordering process. 3. CPC Training Seminar: Contracted vendors and their participating sub-contractors are required to participate in an online CPC training session (CPC 101) that is designed to educate the vendor (and sub- contractors) on the purpose and nature of CPC. A contracted vendor will not be marketed to CPC participating agencies until they have completed the CPC 101 training. B. Additional Participating Agency Terms and Conditions for Non-Construction Products and Services If requested by CPC, the contracted vendor will work with CPC to develop an order form, or order forms, containing the most commonly purchased items, that CPC can utilize to market the contracted vendor to its participating agencies. C. Additional Participating Agency Terms and Conditions for Construction Related Products and Services Upon acceptance and approval of the Vendor’s offer by AEPA, CPC will independently consider the offer and conduct a conference call with the Vendor to determine if the Vendor is able to meet the necessary requirements for construction related products and services and to enter and execute a contract in the state of Minnesota. The contracted vendor will be required to work with CPC’s participating agencies and require that an architect’s signature or certification is noted on the specifications as required by Minnesota Statute §326.12 subd. 3. With certain exceptions, Minnesota Rules part 1800.5200, subpart 1, requires a licensed architect or engineer to prepare and certify specifications for building alterations or renovations. Once CPC and the Vendor are able to confirm that business is able to be conducted in Minnesota, CPC will make a final decision to complete the contract execution process. For all quotes provided to participating agencies, for construction related projects, products and services, the contracted vendor must also send a duplicate quote to CPC. The quote provided to CPC must include the contact information of the participating agency. D. Procedure for Contract Award, Notification and Processing Orders Once the award is recommended by the AEPA Review Committee, CPC considers the recommendation based on the value of the potential contract for its participating agencies. Participating agency is defined as any city, county, public or private educational agency, nonprofit or governmental agency that is a participant of CPC as described in Section E. In the event of an award by the Board of Directors, CPC will inform its members of the award and contract by the following methods along with contract instructions and ordering process. 1. The contract opportunity is listed and promoted on the CPC website (www.purchasingconnection.org). 2. Announcing the award in CPC newsletters. 3. CPC will publish the contract and marketing information through a hard copy marketing flier and electronic email. Contracts are promoted through PDF and a hard copy product catalog distributed at statewide trade shows and agency meetings on a regular basis. CPC will require a marketing flier, brochure, or other similar marketing pieces, in an editable, electronic format, from each vendor promoting the available contract with the vendor, and/or a web page or link. CPC may assist in the development of the marketing flier and material (if requested by vendor), but in all cases shall have authority to review and approve any marketing materials. If a web site is used, the link will be made available from the CPC web page. Any web page or link, or other marketing tool shall be dedicated to AEPA information only. 4. When the member identifies a desired product or service, the member and the vendor may negotiate with each other to establish a description of items and/or services. The vendor shall quote a price to the member, in writing, using AEPA established discounts and including the two percent (2%) administrative fee in the quoted price. The administrative fee shall be based upon the total cost of goods and/or services including installation costs. The administrative fee shall not be listed as a separate line item on the quote. When a member decides to purchase through the CPC-AEPA contract, the member issues the purchase order directly to the vendor. The purchase order must include the total invoiced cost, based on AEPA IFB #018 Part C Member Agency Page 25 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions the total cost of goods, service, and installation, including the 2% administrative fee. 5. Notification will be made to the vendor in the event the purchase order is not in compliance with the contract and adjustments will be made at that time. NDESC and the vendor will mutually resolve any issues with regard to past purchases. The purchase orders are to continue to be processed and viewed as approved unless notified by NDESC otherwise. All sales and transactions may continue without delay or in anticipation of the NDESC purchase order verification. 6. Once all the items and services on the purchase order have been delivered to the member in a complete and satisfactory manner, the vendor then files a copy of the final invoice, which is available to NDESC by request in support of the quarterly sales summary. The invoice is to be marked ''Copy". 7. Vendor makes all deliveries and installations of products and services. CPC does not warehouse items or provide installation services. 8. CPC’s participating agencies purchasing construction related products and/or services may, as required by statute, or at their discretion, require the vendor to post a performance bond. 9. This administrative fee is to be paid by the vendor to CPC, quarterly, within 20 working days after the end of each fiscal quarter. The AEPA vendor shall also submit to CPC a sales report, in Excel format, listing the following information: • Name of service cooperative region • Name of purchasing agency • Address of purchasing agency • Date of sale • Standard sale price • Sale price with AEPA discount • Administrative fee generated by sale • Savings generated by sale This report shall include all sales made and payments received by the vendor in said quarter. The sales report shall be emailed to Melissa Mattson at mmattson@lcsc.org and copied to Lori Mittelstadt at lmittelstadt@lcsc.org. The administrative fee payment shall be delivered to Melissa Mattson, CPC, 1001 E. Mt. Faith, Fergus Falls, MN 56537. The check shall be made out to Lakes Country Service Cooperative. 10. In the event of a lease, the total administrative fee for the value of goods shall be paid to CPC by the vendor at the front end of the lease. CPC reserves the right to review all purchase orders, lease documents and invoices to insure contract compliance. 11. CPC requires that all participating vendors offer the contract opportunity to all CPC participating agencies. Participating agencies is defined under Section E (below). E. Agencies Allowed to Purchase under the Member Agency In Minnesota, the Service Cooperatives, organized pursuant to Minnesota Statute 123A.21, are public, nonprofit cooperatives designed to provide a variety of services to their participating agencies, including, but not limited to, cooperative purchasing services. The service cooperatives currently provide purchasing contracts to over 3,000 participating agencies (schools, cities, counties, other governmental organization and nonprofit agencies) in Minnesota and South Dakota through the Cooperative Purchasing Connection. Participation with CPC is required for contract participation. F. Governing Law The laws of the State of Minnesota govern all contracts resulting from this IFB. Each and every provision of law and clause required by law to be included in a contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. AEPA IFB #018 Part C Member Agency Page 26 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 12. Missouri, Cooperating School Districts of the Greater St. Louis Area, (CSD) A. Additional Agency Terms and Conditions Lease and Rentals: Vendor may allow CSD members to enter into rental, lease, or lease purchase agreements, providing such agreements are in compliance with Missouri statutes and State Department of Education policies, rules and regulations. CSD must receive a copy of the executed leasing documents prior to processing a purchase order. CSD will not collect lease payments. Bidder agrees that leases will be in compliance with the Uniform Commercial Code. All terms of leasing must be included in the proposal, with interest rates described as related to a government standard. Bidder must indicate in its response to this solicitation if the shipping costs for the return of leased or rented equipment are the responsibility of the CSD member, and what that cost will be. No sale of a contract to a third party will be made without first informing CSD and the CSD member of the sale. If Bidder sells a lease contract to a third party, the cost of return must not be greater than the cost of return to the original vendor. A 2% administrative fee must be included in the lease cost based on the total value of the goods purchased. This fee is referred to under ordering process. B. Procedure for Processing Orders (1.) Once the award is made to the vendor, CSD will inform its members of the contract by announcing the award in its periodic newsletter and other CSD member presentations as well as regular electronic and direct mail communications to members. (2.) CSD may require a marketing flier from each vendor promoting the contract and AEPA relationship. CSD will assist in the development of the marketing flier and material. This flier will be for distribution as well as posted on the CSD online catalog and disseminated to all members. At this point the vendor must contact the members and members may contact the vendor. Note: CSD requires the awarded vendor to take ownership and actively promote the contract in cooperation with CSD to all qualified customers. (3.) When the member identifies a desired product or service as available through the AEPA contract and agrees on price as presented to the member by the awarded AEPA vendor, the member then issues to the vendor a purchase order for that item or service. (4.) The purchase order must include an additional two percent (2%) administrative fee in the total cost, based on the total cost of goods and service including installation and freight if applicable. This fee is to be forwarded by the vendor to CSD after the sale and payment is made to vendor. Payment shall be made to CSD on a quarterly basis along with complete sales history during that period. (5.) When all the items and services on the purchase order have been delivered to the member in a complete and satisfactory manner, vendor then forwards a copy of the invoice to CSD. The invoice is to be marked “Copy”. The invoice shall include the additional 2% administrative fee to the total amount invoiced based on the goods and services as defined and provided by the vendor. The administrative fee percentage is based on the total sale of goods and services including installation and freight if applicable. In the event of a lease, the total administrative fee for the value of goods shall be paid to CSD by the vendor at the front end of the lease. (6.) Vendor makes all deliveries and installations of products and services. CSD does not warehouse items nor provide services. (7.) All participating vendors agree to and are subject to audit proceedings of AEPA member sales. C. Members Purchasing Under the Agency We take great pride in the fact that the Business Services Division of CSD is providing a complete line of purchasing services to our 56 member school districts and over 265 additional school districts and educational institutions throughout Missouri and Illinois. For those of you who have not participated in the past with the Business Services Division, it is important to note that we serve students in 321 public, private and parochial schools within our service area. CSD was created in 1928 with its primary focus aimed at improving educational opportunities for all students. Our goal is to promote efficient use of educational dollars, and simultaneously provide an ongoing market for those vendors doing business with CSD. The Cooperating School Districts of Greater St Louis serves schools and political subdivisions in the following states: Illinois, Wisconsin, Oklahoma, Arkansas, North and South Carolina, South Dakota. D. Governing Law Any municipality or political subdivision of this state, as hear in defined, may contract and cooperate with any other municipality or political subdivision, or with an elective or appointive official thereof, or with a duly authorized agency of the United States, or of this state, or with other states or their municipalities or political subdivisions, or with any private person, firm, association or corporation for the planning, development, construction, acquisition or operation of any public improvement or facility, or for a common services; provided, that the subject and purposes of any such contract or cooperative action made and entered into by such municipality or political subdivision shall be within the scope of the powers of such municipality or political subdivision . If such contract or cooperative action shall be entered into between a municipality or political subdivision and an elective or appointive official of another municipality or political subdivision, said contract or cooperative action must be approved by the governing body of the unit of government in which such elective or appointive official resides. AEPA IFB #018 Part C Member Agency Page 27 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 13. Montana, Montana Cooperative Services (MCS) A. . Additional Agency Terms and Conditions Advertising: MCS will require a marketing flier in electronic form from each vendor promoting the contract or a web page of contact. MCS will assist in the development of the marketing flier and material. This flier will be for distribution and used as a page on the MCS web site. If a web site is used, a link will be established on the MCS web page. Price and Packaging Information: It is mandatory that all bidders include both the LIST PRICE and BID PRICE on each item for consideration. Failure to include both prices could disqualify the bid. Complete Product Specification Sheets or brochures must be submitted when requested. Failure to provide said specification sheets could disqualify the bid. B. Procedure for Processing Orders (1) Once the award is made to the vendor, MCS will inform its members of the contract by: (a) Including the contract in the agency database that is available on the MCS website. (b) Announcing the award in its periodic newsletter and other MCS member presentations as well as regular electronic and direct mail communications to members. (2) When the member identifies a desired product or service as available through the Agency contract and agrees on price as presented to the member by the awarded Agency vendor, the member then issues to the vendor a purchase order for that item or service. (3) An additional two percent (2%) administrative fee is to be included in the cost, based on the total cost of goods and services, including installation. This fee is to be forwarded by the vendor to MCS after the sale and payment is made to the vendor. (4) When all the items and services on the purchase order have been delivered to the member in a complete and satisfactory manner, the vendor then forwards a copy of all sales to MCS. These sales are to be reported on a quarterly basis and include purchaser and sales. (5) Vendor makes all deliveries and installation of products and services. MCS does not warehouse items nor provide services. (6) MCS requires that all participating vendors offer the contract opportunity to all qualified membership. Qualified membership is defined under E. C. Agencies allowed to Purchase under the Member Agency MCS is a Montana based, legislatively created, cooperative organization formed under Montana state statute section 20-9-204 Senate Bill # 329 allowing services to all qualified agencies in a cooperative manner. No agency is obligated to use these services and contracts, but they will find the benefits of low price advantageous. Qualified agencies include all public educational institutions to include universities, community colleges, technical colleges, state and private schools, charter schools, as well as all cities, counties, governmental agencies and all nonprofit organizations. AEPA IFB #018 Part C Member Agency Page 28 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 14. Nebraska, Educational Service Unit Coordinating Council (ESUCC) A. Additional Agency Terms and Conditions 1) Bid Award Determination: The bidder hereby agrees to these bidding conditions by virtue of submitting this signed document on or before the Bid Opening date as specified below. 2) Natural Gas Contractors: Any bids relating to natural gas shall be based upon an awareness of NEB. REV. STAT. § 75-501, adopted in conformity with Rules, Regulations, and Interpretations of Federal Agencies with authority to regulate pipeline common carriers and interstate commerce. 3) Performance Bonds: Upon execution of a contract between an ESUCC member and the prime contractor for construction or public improvement, performance and payment bonds shall be provided the member. Such bonds may be required for non - construction contracts. If so required, a performance bond in an amount equal up to 100% o f the price specified in the contract between the member and a surety company authorized to do business in Nebraska shall be executed by the prime contractor. Performance bonds between the member and the prime contractor shall be on standard forms. If so r equired, a payment bond in an amount equal up to 100% of the price specified in the contract between the member and a surety company authorized to do business in Nebraska, shall be executed by the prime contractor. This bond will protect all persons supply ing labor and material to the prime contractor for the performance of the work provided in the contract. Payment bonds between the member and the prime contractor shall be on the standard form. The prime contractor shall deliver copies of both the performa nce and payment bonds to ESUCC at the time the contract between the member and the prime contractor is executed. All suits for nonpayment or nonperformance shall be filed as allowed under Nebraska law. The prime contractor will be responsible for providing ESUCC with copies of all contracts and bonds in accordance with ESUCC procedures. In the event the ESUCC finds it to be in the best interest of the cooperative or any Educational Service Unit within Nebraska or any member school district serv ed by the cooperative to waive any bond requirement, it may do so by notifying any contractor of that fact in writing. Any purported waiver of any bond requirement in any form other than in written form signed by the Executive Director of ESUCC shall be non - binding and of no effect. 4) Insurance: Contractors shall secure and keep in force during the term of any awarded agreement the following insurance coverages from insurance companies authorized to do business in Nebraska: Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $1,000,000 per person for any number of claims arising out of a single occurrence and $5,000,000 for all claims arising out o f a single occurrence. Automobile liability, including Owned (if any), Hired, and Non-Owned automobiles, with minimum liability limits of $1,000,000 per person for any number of claims arising out of a single occurrence and $5,000,000 for all claims arising out of a single occurrence. Workers compensation coverage meeting all statutory requirements. 5) Special Bid Security: ESUCC reserves the right to reject any or all bids in whole or in part; to waive any formalities or irregularities in any bids, and to accept the bids, which in its discretion, may be for the best interest of ESUCC. Nothing in the solicitation for bids or acceptance of bids is to be construed as an assertion that zoning or other land use authority is app ropriate to the placement of any portable classrooms, the subject of any bids hereto. As to whose duty it is to ascertain whether zoning and land use is appropriate as to any portable classrooms upon which any vendor is the successful bidder, shall be set forth in the bid specifications by the vendor. Any deviation from housing and urban development standards or uniform building code standards that may be a term of the bid by any vendor shall be clearly set forth in the bid. Whether or not any portable or o ther building as bid includes architectural or engineering services as required by NEB. REV. STAT. § 81-3445 or if the building is exempt under NEB. REV. STAT. § 81-3449 because it is a public work not to exceed $100,000.00 or whether the building is not exempt, the bid shall include specific statements as to how the aforementioned statutes will be complied with. NEB. REV. STAT. § 73-101 provides for the manner and methods which public letting will occur. Section 73 -106 exempts the expenditure of funds for construction, remodeling, or repair of any school owned building or for site improvement, if the contemplated expenditure for the complete project does not exceed $100,000.00. The granting of a bid to a vendor does not absolve the bidder from also complying with NEB. REV. STAT. § 73-101 and NEB. REV. STAT. § 73-106 of the Nebraska statutes. Any bid accepted by ESUCC shall also be subject to NEB. REV. STAT. § 73-102 which requires a contractor to file a statement that the vendor or bidder is complying with and will continue to comply with fair labor standards in the pursuit of his business and in the execution of the contract on which he is bidding. A form statement to that effect is available from Mr. Craig Peterson at Nebraska ESUCC Cooperative Purchasing. 6) Debarment and Suspension: Contractors shall comply with Executive Orders 12549 and 12689 as applicable. Contractors may be debarred for a period of two (2) years, unless earlier modified by the Special Awards Committee of ESUCC for any of th e following conduct: (a.) Repeatedly not following the bid process. (b.) Repeatedly submitting non -responsive bids. (c.) Any behavior, which has as its effect injuring the integrity of the bid process. (d.) Failure to deliver goods pursuant to a succ essful bid. (e.) Repeated lack of acceptable handling and delivery of goods pursuant to a successful bid. (f.) Repeatedly not meeting delivery deadlines. (g.) Repeated failure to timely rectify damages of goods, or shortages of goods when it is the responsibi lity of the contractor to take such action. (h.) Conviction of a crime of dishonesty. (i.) Debarment or suspension by any agency or AEPA IFB #018 Part C Member Agency Page 29 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions Federal Agency by the contractor or any of its key employees. (j.) Other conducts which materially and adversely affects the services of ESUCC Cooperative Purchasing program. 7) Statement Filed: A bidder who is awarded a contract for any goods or services pursuant to this IFB shall file with ESUCC a statement as required by NEB. REV. STAT. § 73-102. 8) Nondiscrimination: The Contractor and all subcontractors, if any, shall not discriminate against any employee or applicant who is to be employed for performance of any awarded bid or agreement with respect to his or her hire, tenure, terms, conditions, or privileges of employment, because of his race, color, religion, sex, disability, or national origin. 9) Employment Eligibility Verification: The Contractor shall use a federal immigration verification system to determine the work eligibility status of employees hired on or after October 1, 2009 and who are physically performing services within the State of Nebraska. If the Contractor employs or contracts with any subcontractor in connection with any awarded bid or agreement, the Contractor shall include a provision in the contract requiring the subcontractor to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska.10) Federal Funding. It is understood that purchases may be funded in whole or in part with funds allocated by the Federal government, including the U.S. Department of Education and is therefore subject to those regulations, restrictions, a nd conditions normally associated with federally funded programs and any other requirements that the state or fede ral government may prescribe including, but not necessarily limited to, the following: Equal Employment Opportunity: The Bidder shall comply with the Equal Employment Opportunity Clause required under Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). Copeland “Anti-Kickback” Act: The Bidder shall comply with the Copeland "Anti-Kick Back" Act (40 U.S.C. 3145), as supplemented in Department of Labor regulations (29 CFR 3). Lobbying: The Bidder agrees and understands that under the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) that Bidders that apply or bid for an award of $100,000 or more 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. Contract Work Hours and Safety Standards Act: The Bidder agrees to comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). Patent Rights: The USDOE’s and any other federal agency’s requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course or under this Agreement include, but are not necessarily limited to, 34 CFR Part 80. Copyrights and Right in Data: The USDOE’s and any other federal agency’s requirements and regulations pertaining to copyrights and rights in data include, but are not necessarily limited to, 34 CFR Part 80. Access to Documents: The Parties and their grantees, the USDOE and/or other federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the Bidder which are directl y pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcriptions. Energy Policy and Conservation Act: The parties shall 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. 6201). Clean Air and Federal Water Pollution Control Acts: The parties shall comply with all applicable standards, orders, or regulations issued under 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). Buy American: To the maximum extent practicable, the Bidder will purchase domestic commodities or products produced in the United States or processed substantially using commodities produced in the United States Minority Business Owners: The ESU will contract with minority-owned businesses, women’s business enterprises, and labor surplus firms when possible. Steps to ensure compliance with this provision will include: .1 Qualified small, minority, and women’s businesses on solicitation lists so that when such businesse s are potential vendors, they are included in ESU solicitations. .2 Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation for such businesses. .3 Establishing delivery schedules, where requirement permits, which encourage such enterprises .4 Use services of Small Business Administration, Minority Development Agency, or similar state agency to maximize participation. AEPA IFB #018 Part C Member Agency Page 30 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions .5 Require prime Bidder, if subcontracts are to be let, to follow the above steps 11) Governing Law and Venue: All bids and contracts shall be governed by and construed in accordance with the laws of the State of Nebraska. The venue for any litigation arising out of or related to a bid or contract will be in any eligible state or federal court Nebraska. 12) Public Records: The Contractor acknowledges that the ESUCC and its affiliated schools and members must comply with NEB. REV. STAT. § 84-712 through § 84-713 and release public records as defined law upon request, which may include a ny bid documents or contracts and all records created and maintained in relation to them. 13) Conflict of Interest: The Contractor shall not, at any time, recruit or employ any employee or agent who has worked on the Request for Proposal or project, or who had any influence on decisions affecting the Request for Proposal or project. The Contractor, by submitting a bid, certifies that it has not had a contract with education organizations in State of Nebras ka terminated early. If Contractor has had a contract terminated early within the State of Nebraska, Contractor must provide the contract number, along with an explanation of why the contract was terminated early. Contractor has not given, offered to give, nor intends to give at any time hereafter any eco nomic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Contractor certifies that Contractor and Contractor’s employees, officers, and associates dire ctly involved in obtaining contracts with the State of Nebraska, ESUCC, or any subdivision of the state have not been convicted of false pretenses, attempted fals e pretenses, or conspiracy to commit false pretenses, bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985 ESUCC may cancel any contract if it is found that gratuities in the form of entertainment, gifts or otherwise, were offered o r given by Contractor or any agent or representative of Contractor, to any employee of ESUCC with a view toward securing a contract or with respect to the performance of this contract. Paying the expenses of normal business meals, which are generally made available to all eligible school and government employees, shall not be prohibited by this paragraph. Samples of software, equipment or hardware provided to ESUCC for demonstration or evaluation are not considered gratuities. B. Procedure for Processing Orders ESUCC affiliated schools or members send their purchase orders directly to the vendor, the vendor ships directly to the school/member, and direct bills the schools/members the cost of merchandise plus the ESUCC 2% administrative fee. Vendors must provide a quarterly report to ESUCC Cooperative Purchasing. The report will include: Date of sales, school name, ESU affiliation, selling price, list price and savings. The ESUCC Cooperative Purchasing administrative Fee of 2% will accompany each quarterly report. C. Members Purchasing Under the Agency ESUCC represents 17 Educational Service Units statewide who in turn service Nebraska school districts with over 300,000 students. ESUCC is authorized to coordinate purchases for public school districts, nonpublic school systems, other ESUs, and other public agencies, including any county, city, village, school district, or agency of the state government, any drainage district, sanitary and improvement district, or other Municipal Corporation or political subdivision of the State o f Nebraska. D. Procedure for Processing Orders All purchase orders will be submitted directly from the purchasing entity to the vendor. ESUCC will not facilitate the proces sing of purchase orders unless the offering is service related. If it is a service related purchase then the purchase order shall be submitted by ESUCC. E. Agencies Allowed to Purchase under the Member Agency Purchases through ESUCC contracts are to be primarily for K-12. However other state entities may use the ESUCC contracts. All inquiries to purchase on the behalf of a non-profit group not in state statute or receiving state funding must be approved by ESUCC. AEPA IFB #018 Part C Member Agency Page 31 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 15. New Jersey, Middlesex Regional Educational Services Commission (MRESC) A. Additional Agency Terms and Conditions Applicability of Contract Provisions to New Jersey Participants ESCNJ is the AEPA Member Agency. Any entity that uses the contract awarded by ESCNJ under this document is referred to as a “New Jersey Participant.” To be a New Jersey Participant the entity must be a member of the ESCNJ Cooperative Pricing System. The bidder that is awarded the contract by ESCNJ is referred to as the "Contractor." Once a contract is awarded by ESCNJ, a New Jersey Participant may enter into a purchase order agreement directly with the Contractor. To the extent not otherwise described below or in this document, once a purchase order is issued by a New Jersey Participant to a Contractor, all of the provisions of the contract shall benefit and be enforceable by such New Jersey Participant, unless specifically identified as applying to ESCNJ only. 1. The Bidder by submitting its bid hereby declares that this Bid is made without any connection with any other person or person making any proposal for the same items, that it is in all respects fair and without collusion or fraud and that no person acting for or employed by ESCNJ or a New Jersey Participant is directly or indirectly interested in the proposal or in the goods or services to which it relates, or in any portion of the profits there from. 2. Event of default and termination of Contract: ESCNJ shall have the right to cancel the contract based upon a default by Contractor. A New Jersey Participant shall have the right to cancel its purchase arrangement based on a default by the Contractor with regard to such purchase arrangement. In addition, ESCNJ and each New Jersey Participant reserves the right to withhold payments for goods and services that are not in compliance with the terms of the contract or if the Contractor is in default. Any of the following shall be a default under the contract: 1) The Contractor fails to adequately perform the services set forth in the contract; 2) Contractor fails to deliver all or any part of the goods, or delivers defective goods; 3) The Contractor fails to make progress in the performance of the contract and/or does not deliver within the agreed -upon schedules; 4) The Contractor fails to observe any of the terms and conditions of the contract, including, without limitation, assigning the contract and/or failing to deliver required insurance or performance bonds; 5) The Contractor fails to follow the established procedure for purchase orders, invoices and receipt of funds as stipulated by the New Jersey Participant; or 6) the Contractor has become insolvent, makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy or is subject to an involuntary petition in bankruptcy not discharged within thirty (30) days. ESCNJ and each New Jersey Participant shall follow the following procedure if the contract or purchase order is to be terminated: Step 1 - Issue a warning letter of concern outlining the violations and l ength of time to correct the problem(s). The length of time to correct the problem shall be determined by ESCNJ or the New Jersey Participant, as applicable, in its sole discretion, based on the problem. Step 2 - Issue a letter of intent to cancel the contract or purchase order, if the problem(s) is not resolved by the given date. Step 3 - Issue the letter to cancel contract or purchase order. Upon receipt of the written notice of concern, the Contractor shall have ten (10) business days to provide a satisfactory response to ESCNJ and the New Jersey Participant that provided the notices. Failure on the part of the Contractor to address adequately all issues or concerns may result in contract cancellation. The remedy to terminate and withhold payments is in addition to any other remedies ESCNJ and the New Jersey Participants may have. In the event of Contract termination by a New Jersey Participant, such New Jersey Participant’s payment obligation shall cease as of the final date on which services in accordance with this Contract are last performed by the Contractor. Upon termination of this Contract under this section, the Contractor (and its surety) will be responsible for all of such New Jersey Participant's expenses, losses and damages incurred in replacing Contractor for the remainder of the term of the Contract. 3. Assignment: Contractor shall not subcontract, assign, transfer, convey, sublet or otherwise dispose of its/his/her contractual duties to any other person, firm, or corporation, without the previous written consent of ESCNJ and any New Jersey Participant that has an outstanding open purchase order or financing arrangement. If the Contractor wants to assign i ts/his/her right to payment of the Contract, Contractor shall notify ESCNJ and any New Jersey Participant that has an outstanding open purchase order or financing arrangement immediately, in writing, of such assignment of right to payment. In no case shall such assignment of Contract relieve the Contractor from its/his/her obligations or change the terms of the Contract. AEPA IFB #018 Part C Member Agency Page 32 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 4. Indemnification: Contractor shall indemnify, defend, keep and save harmless ESCNJ, each New Jersey Participant and its respective agents, officials, employees and volunteers (each an “Indemnified Party”) against claims of injuries, death, damage to property, patent claims, suits, liabilities, judgments, cost and expenses (including attorneys' fees) which result from, arise out of, or in connection with the performance, or breach of performance, under the Contract of Contractor and any of its/his/her employees, agents or personnel. The Contractor shall, at its/his/her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith; and if any judgment shall be rendered against the Indemnified Party in any such action, the Contractor shall, at its/his/her own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Indemnified Party as herein provided. 5. New Jersey Participant Policies: The Contractor must be familiar with a New Jersey Participant’s policies or regulations which affect the services provided under this Contract and that have been or will be distributed during the term of this Contract. Policies and regulations include, but are not limited to, New Jersey Public Contracts Law, school district policies, municipality policies, charters school policies, and county ordinances. As each board of education, municipality governmental agency, educational institution in the State of New Jersey may have or may be required to have individual policies and procedures for the procurement of goods and services; and as one of the aforementioned institutions/agencies may be dependent upon the policies/procedures of another institution or agency, it is required for the Contractor to be familiar with the policies of the New Jers ey Participant that impact the purchase. In limited situations, there may be State statutes which govern the allowability of purchases to be reimbursed by State funding. The New Jersey Participant should obtain its own legal advice on these statutes prior to purchasing under a contract. The following documentation will be required prior to the award of any contract for New Jersey Participants: 1. New Jersey Business Registration Certificate - Before award in NJ, not at time of bid 2. New Jersey Contractors Registration Certificate (All time and material bids.) Before award in NJ not at time of bid 3. New Jersey Pay-to-Play Documentation (Political Contribution Disclosure) 4. Statement of Ownership (Ownership Declaration Certification) 5. New Jersey Affirmative Language (Exhibit A) 6. Acknowledgement of the Contractor’s/Vendor’s responsibility to pay prevailing wage. http://lwd.dol.state.nj.us/labor/wagehour/wagerate/prevailing_wage_determinations.html (Time and material bids.) 7. New Jersey Affirmative Action Questionnaire/Documentation 8. Disclosure of Investment Activities in Iran 9. Years of experience is not a criteria for the evaluation of bids to be awarded for the State of New Jersey. For additional information visit www.nj.gov/dca/divisions/dlgs 10. W9 11. Certificate of Insurance with the ESCNJ named as insured and the bid title/# listed - Before award in NJ, not at time of bid 12. DPMC - (All time and material bids.) Before award in NJ, not at time of bid 13. Total Amount of Uncompleted Contracts (All time and material bids.) Before award in NJ, not at time of bid 14. Americans with Disabilities ACT of 1990 6. Performance Bonds: Each New Jersey Participant may require a performance bond in the case of services to be performed under the Contract if required. The Contractor shall furnish to the New Jersey Participant a Surety Performance Bond (“Performance Bond”) with an option to renew each succeeding year of the Contract in a form satisfactory to the New Jersey Participant assuring the faithful performance of the Contract. The Bond shall be equal to one hundred percent (100%) of each year’s estimated Contract price as reviewed and agreed upon by the New Jersey Participant, and shall be continued for the life of the Contract in amounts equal to one hundred percent (100%) of each year’s estimated Contract price as reviewed and agreed upon by the New Jersey Participant. The Contractor must send such Performance Bond to the New Jersey Participant prior to the commencement of any services under the Contract. Each such Performance Bond shall be furnished by a surety company acceptable to the New Jersey Participant and licensed or authorized to do business in New Jersey. Failure to deliver the bond shall be considered a default under the Contract, at the discretion of and upon notice by the AEPA IFB #018 Part C Member Agency Page 33 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions New Jersey Participant. 7. Governing Law: This Contract shall be governed by, and construed and enforced in accordance with, the laws of the State of New Jersey without regard to its conflicts of laws principles. 8. Financing Arrangements: Any financing arrangements (including lease purchasing arrangements) may be made directly between the Contractor and a New Jersey Participant or with the free ESCNJ Leasing Program. Financing arrangements may be subject to additional laws, rules and regulations, terms and conditions not described in this document and are subject to separat e negotiation with each New Jersey Participant that is interested in such an arrangement. Each New Jersey Participant should seek its own legal advice prior to entering into a financing arrangement. ESCNJ must receive a report annually summarizing the executed lease purchases along with the summary of the customer purchases. ESCNJ will not collect lease payments or be involved in the terms and conditions of the Contractor lease. All lease arrangements are between the Contractor and the New Jersey Participant only. 9. Affirmative Action: The Contractor/Vendor must have an employment policy that there shall be no discrimination against anyone on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, mental retardation, physical disability or sexual orientation in the hiring, upgrading, demotions, recruitment, termination and selections for training, in any manner prohibited by the laws of the United States or of the State of New Jersey. The Contractor/Vendor further agrees to be an "affirmative action-equal opportunity employer.” The Contractor/Vendor must provide one of the following: “Letter of Federal Affirmative Action Plan Approval”, “Certificate of Employee Information Report” or a completed “Employee Information Report Form AA302” prior to award bid. 10. Independent Contractor: The Contractor shall not be held or deemed in any way to be the agent or employee of ESCNJ and/or a New Jersey Participant. It is the intention of the parties that the Contractor shall be and is to be considered an independent contractor. 11. Incorporation of Bid Documents: The bid documents, including all appendices executed by Contractor that have been accepted by ESCNJ (the “Bid”) are specifically incorporated into this Contract. 12. New Jersey Public Records Act: The Contractor acknowledges that ESCNJ and New Jersey Participants are subject to the New Jersey Public Records Act, New Jersey Public Contracts Law and information submitted to ESCNJ and/or such New Jersey Participants may be made available to the public under the provisions of the this Act. Marketing and Advertising under this Contract - applicable to Member Agency (ESCNJ) contract only: 1. Contractor agrees to provide ESCNJ with a copy or proof sheet of all advertisements, customer co mmunications or promotional material for approval. Contractor will provide ESCNJ with date of release and name of publication, journal, etc. if applicable. 2. Contractor will include the approved ESCNJ logo, web address, and contact information in all print, electronic mail and other advertising and promotion intended for release in New Jersey. 3. The ESCNJ logo and information shall be of a clearly readable size and in appropriate proportion to other elements in the print material. 4. Contractor agrees to make available ESCNJ supplied brochures or other promotional materials on booths, tables, etc. of any or all exhibits for which the Contractor displays/participates at tradeshows, conventions and the like. Contractor will supply scheduled exhibit dates in advance. 5. Contractor agrees to insert the approved ESCNJ logo, web address, NJ State Approved Co-op #65MCESCCPS bid #, bid term and contact information on the Contractor’s website promoting and providing a link to the ESCNJ website. Contractor will also provide ESCNJ with text, links and logos to be posted on the ESCNJ website. B. Procedures for Processing Orders 1. Once the award is made to the Contractor, ESCNJ will inform the potential New Jersey Participants of the Contract, including a webpage dedicated to the contract on the ESCNJ website. At this point, the Contractor may directly contact any potential New Jersey Participant and any potential New Jersey Participant may directly contact the Contractor. 2. Purchase orders will not be accepted or processed by ESCNJ. All business will be contracted directly with the New Jersey Participant, which will issue a purchase order and provide payment for the applicable good or service directly to the Contractor. AEPA IFB #018 Part C Member Agency Page 34 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 3. The total cost of ESCNJ’s program is funded through a 2.2% participation fee paid to ESCNJ quarterly by the participating Contractors. The administrative fee percentage is based upon the total sale or lease of goods and services, including installation, if included. This fee shall be included in all price quotations to New Jersey Participants and shall not be printed as a line item on the quotation. 4. Along with the participation fee, the Contractor will produce and provide to ESCNJ quarterly reports ending March 31, June 30, September 30 and December 31 throughout the contract period. The reports shall be in Microsoft Excel and be available in electronic form, shall identify the Contractor and the quarter being reported, shall include a minimum of the fields listed below and shall allow for sorting on any of these fields: 1. Date of order. 2. The name of the New Jersey Participant. 3. ESCNJ Bid Number 4. ESCNJ Co-op Number (New Jersey State Approved Cooperative Pricing System #65MCESCCPS) 5. List (or academic) price sales totals. 6. New Jersey Participant price sales totals. 7. New Jersey Participant savings totals to be sent to the ESCNJ in summary and to each individual New Jersey Participant. 5. Quarterly reports and administrative fee payments are to be made payable to ESCNJ and sent to ESCNJ, 1660 Stelton Road, Piscataway, NJ 08854, Attn: Patrick M. Moran, or such other address that ESCNJ will provide from time to time. 6. If no purchases are made in any given quarter, the Contractor shall remit a “No Activities” statement to ESCNJ for that quarter. The Contractor will also produce and provide to ESCNJ an annual summary report for all purchases made under each contract awarded by MRESC pursuant to this document for a period beginning with the award of the contract and ending December 31st and all consecutive annual periods, if the contract is extended. 7. New Jersey School Districts and other eligible New Jersey Participants are normally exempt from sales tax. The Contractor/Vendor should confirm this exemption and collect a tax -exempt letter from each New Jersey Participant. C. Members Purchasing Under the Agency There are 584 operating school districts in New Jersey and all are eligible for membership. No district is obligated to use these services. Additional New Jersey Participants may include other public educational institutions, public colleges or universities, community colleges, vocational or technical schools, municipal governments, and other governmental, quasi-governmental, or non- profit organizations. The ESCNJ Cooperative Pricing System currently has 1,100+ New Jersey Participants located in all 21 Counties of the State of New Jersey. CONFLICT OF INTEREST An ESCNJ employee (including independent contractors for purposes of this definition) placing an order or recommending a vendor must disclose any relationship with that vendor which would not be considered an “arms -length” or independent transaction. This disclosure must be made in writing to the Business Administra tor and/or Chief Financial Officer for an evaluation. The Business Administrator and/or the Chief Financial Officer will respond to this disclosure in writing. For a transaction to be considered “arms-length” or “independent”, an ESCNJ employee should not be influenced, dependent upon, guided or controlled by a vendor into choosing that vendor, or item to purchase; nor should it appear to a third party that an ESCNJ employee made a purchasing decision which appears to be based upon a personal relationship between the ESCNJ employee and vendor. The following are examples when a transaction is NOT considered arms-length or independent: (1) when there exists a personal relationship between an ESCNJ employee and a vendor, (2) when there exists the potential for a personal benefit to an ESCNJ employee, or (3) the parties to a business deal are dependent upon one another for “something” other than the purchase itself . The Contractor shall disclose any relationship with an ESCNJ employee that would not be considered an “arms-length” or independent transaction, as described above. This disclosure must be made in writing to the Business Administrator and/or the Chief Financial Officer for an evaluation. The Business Administrator and/or the Chief Financial Of ficer will respond to this disclosure in writing. In addition, the Contractor shall, if given a copy of the potential New Jersey Participant’s conflict of interest policy, follow the process in that policy, or otherwise disclose to a potential New Jersey Participant any relationship that would not be considered an “arms-length” or independent transaction with that New Jersey Participant, as described above. This disclosure must be made in writing to the chief official (for example, the Superintendent at a board of education) at the potential New Jersey Participant. Determination of the existence of a conflict of interest does not prohibit ESCNJ and/or a New Jersey Participant from entering into the contract and purchase order, respectively. AEPA IFB #018 Part C Member Agency Page 35 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions American Goods - American Goods Clause—N.J.S.A. 18A:18A-20 - American goods and products to be used where possible All contracts for work for which it will pay any part of the cost or work which by contract it will ultimately own and maintain, that only manufactured and farm products of the United States, wherever available, to be used in such work. Anti-discrimination - All parties to any contract with the ESCNJ agree not to discriminate in employment and agree to abide by all anti-discrimination laws including those contained within N.J.S.A. 10:2 -1 through N.J.S.A. 10:2-4, N.J.S.A. l0:5-1 et seq. and N.J.S.A. l0:5-31 through 10:5-38, and all rules and regulations issued thereunder are hereby incorporated by reference. Debarment/Suspension - N.J.A.C. 17:19-1.1 et seq. The ESCNJ will not enter into a contract for work with any person, company or firm that is on the State Department of Labor and Workforce Development; Prevailing Wage Debarment List, or the State of New Jersey Consolidated Debarment Report (www.state.nj.us/treasury/debarred) or the Federal System for Award— SA (www.state.nj.us/treasury/debarred) or the Federal System for Award—SA For Time and Material bids - DPMC - There is a non-refundable fee of $100.00 which must be submitted to the State with your application. All payments must be made on company checks (no -cash) made payable to "Treasurer, State of New Jersey". No application will be processed without the fee. I f you have any questions, please contact the Contractor Classification unit by accessing the DPMC web site at www.state.nj.us/treasury/dpmc/ NOTE: It is suggested that a photocopy of this completed form be retained for your records. Please submit the completed application and all required documentation to the Treasurer, State of New Jersey. Upon review and approval of this application, your firm will be notified by mail of the effective and expiration dates, type of work, and rating assigned to your firm. Please submit your certificate with your bid package. Any contractor who submits a bid for a public works contract the amount which exceeds $20,000, pursuant to N.J.S.A. 18A:18A- 26, 27 et seq., shall be classified by the Department of Treasury, Division of Property Management (DPMC) as to the type of work and trades (character) and the aggregate rating (amount) of public work they are qualified to submit bids. The ESCNJ may only accept bids from contractors that are qualified. Notice of Classification—DPMC-27 The Notice of Classification is a document issued by the DPMC that provides the following information about the qualified contractor: Trade(s) classification held by the contractor The contractor is classified by the trade and trade number as found in Form DPMC -27. For example Trade Number Trade C030 Plumbing C032 HVACR The contractor is therefore qualified to submit bids (exceeding $20,000) to the board of education that pertain to plumbing and heating, ventilation, air conditioning and refrigeration. For Time and Material bids - Equipment Certification - 18A:18A-23. A certificate showing that the bidder owns, leases, or controls all the necessary equipment required by the plans, specifications and advertisements under which bids are asked for and if the bidder is not the actual owner or lessee of any such equipment, his certificate shall state the source from which the equipment will be obtained, and shall be accompanied by a cert ificate from the owner or person in control of the equipment definitely granting to the bidder the control of the equipment required durin g such time as may be necessary for the completion of that portion of the contract for which it is necessary. For Time and Material bids - Total Amount of Uncompleted Contracts - DPMC 701 This document is completed by the contractor submitting a bid, on the form provided by the DPMC. The document lists the amount of uncompleted contracts held by the contractor and a certification that the amount of uncompleted contracts, added to the bid amount for the ESCNJ Participant project, does not exceed the Aggregate Amount rating as assigned by the DPMC. AEPA IFB #018 Part C Member Agency Page 36 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions For Time and Material bids - Pre-qualification Affidavit/No Material Adverse Change Pursuant to N.J.S.A. 18A:18A -32, no bidder is qualified to bid on any public work contract unless they provide an affidavit that there has been no material adverse change in his qualification information pursuant to N.J.S.A. 18A:18A -28. For Time and Material bids - Prevailing wages; Alterations and repairs - The State of New Jersey Prevailing Wage Act, Chapter 150 Laws of 1963 with applicable statewide wage rates and for the wage rates for the county of the location of the Ne w Jersey Participant, as published by the Department of Labor and Workforce Development in conformance with N.J.S.A. 34:11 -56- 25 et seq. Copies of these wage rates may be obtained from the State Department of Labor and Workforce Development, and/or viewed at http://lwd.dol.state.nj.us/ the Prevailing Wages Determination Section. For Time and Material bids - Compliance with New Jersey Prevailing Wage Act Every contractor and subcontractor performing services in connection with this project, shall pay all workers a wage rate not less than the published prevailing wage rates, for the locality the work is being performed, as designated by the New Jersey Department of Labor and Workforce Development. For Time and Material bids - Certified Payrolls Every contractor agrees to submit to the New Jersey Participant a certified payroll for each payroll period within ten (10) d ays of the payment of wages. The contractor further agrees that no payments will be made to the Contrac tor by the New Jersey Participant, if certified payrolls are not received by the New Jersey Participant. It is the Contractor's responsibility to i nsure timely receipt by the district of certified payrolls. For Time and Material bids - Submission of Affidavit Before final payment, the contractor shall furnish the New Jersey Participant with an affidavit stating that all workers have been paid the prevailing rate of wages in accordance with State of New Jersey requirements. The contractor shall keep an acc urate record showing the name, craft, or trade and actual hourly rate of wages paid to each workman employed by him in connection with this work. Upon request, the Contractor(s) and each Subcontractor shall file written statements certifying to the amounts then due and owing to any and all workmen for wages due on account of the work. The statements shall be verified by the oaths of the Contractor or Subcontractor, as the case may be. AEPA IFB #018 Part C Member Agency Page 37 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 16. New Mexico, Cooperative Educational Services (CES) A. Additional Member Agency’s Terms and Conditions - That apply to all categories. Cooperative Educational Services (CES) is the administering agency of a Joint Powers Agreement as authorized by Section 11-1-1, et. seq. NMSA 1978, which is based in Albuquerque, New Mexico, and is composed of 180 New Mexico public educational institutions (Members) such as k-12 public school districts; charter schools; colleges and universities and their branch campuses; community colleges and vocational schools; Bureau of Indian Education (BIE) schools; that are parties to the Revised and Amended Joint Powers Agreement (JPA) to establish an educational cooperative. CES was organized in 1979 as a direct response to the needs of small and rural Local Education Agencies (LEA’s). CES offers numerous programs and services in the following areas: administrative support, special education services, and cooperative purchasing. B. CES General Terms and Conditions Arbitration: This contract is subject to arbitration to the extent required by the New Mexico Procurement Code, 13-1-21 to 13-1-199. NMSA 1978 Assignment of CES Payments: If the offeror requests that its payment from CES/CES Members be issued to a third party or that a joint check be issued to the offeror and a third party, this request must be submitted and approved by the agency prior to the Contractor accepting a purchase order. The agency reserves the right to assess a special handling charge of thirty-five dollars ($35) per check. The special handling charge will be deducted from the amount of the invoice being paid. If the offeror wishes to have all payments under this contract made to a third party, offeror must state this in his response. Bonds: All performance bonds and payment bonds, if required, are to be issued by a corporate surety authorized to do business in New Mexico in accordance with the New Mexico Insurance Code and be a surety listed in the US Treasury Circular 570. CES Members: Are the parties to the CES Joint Powers Agreement (JPA) and consist of public educational institutions within the State of New Mexico and include public school districts as defined in NMSA 1978 § 22- 1-2, State Institutions as defined in NMSA 1978 § 22-1-2, State Educational Institutions defined under Article XII, Section 11 of the New Mexico Constitution, most of the community colleges defined by the "Community College Act" as defined in NMSA 1978 § 21-13-1 et seq., their branch community colleges as defined in NMSA 1978 § 21-14-1 et seq., technical and vocational institutes defined in NMSA 1978 § 21- 16-1, area vocational schools defined in NMSA 1978 § 21-17-4, off campus community colleges or instructional facilities as defined in NMSA 1978 § 21-14A-1, charter schools as defined in NMSA 1978 § 22-8A-1, Regional Center Cooperatives as set forth in Section 22-2B-1 et seq., and 638 schools and grant schools. Each public educational institution is authorized by its governing body and the Procurement Code 13-1-135 NMSA 1978 to enter into cooperative purchasing agreements, pursuant to Sec. 11- 1-1 et seq. 1978 Comp. and Sec. 108 of Ch. 65 of the Laws of 1984 (The Procurement Code). CES Participating Entities: Is defined as non-public educational agencies and/or organizations classified as follows, that may participate in and purchase tangible personal property, professional, non-professional and construction services through their cooperative purchasing agreement with CES. 1. Federal Agency [25 USC 3001 (4)] is defined as any department, agency, or instrument of the United States, any executive department, military department, government corporation, government-controlled corporation, or other establishment in the executive branch of government, including the Executive Office of the President or any independent regulatory agency established through legislative and/or administrative action. 2. State Agency [13-1-90 NMSA 1978] is defined as any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or office of the executive, legislative or judicial branch of the government of this State. "State agency" includes the purchasing division of the General Services Department (GSD) and the state purchasing agent, but does not include local public bodies. 3. Local Public Body [13-1-67 NMSA 1978] is defined as a political subdivision of the State and the agencies, instruments and institutions thereof, including: two-year post-secondary educational institutions, school districts and local school boards and municipalities, except as exempted pursuant to the Procurement Code [13-1-28 NMSA 1978]. CES Supplemental Packet: Upon acceptance and approval of the Vendor’s offer by AEPA, CES will independently consider the offer and issue a Vendor’s supplemental packet requesting specific information necessary to enter and execute a contract in the state of New Mexico including information relating to: the Vendor’s qualifications; ability to conduct business in the state of New Mexico; and who will be coordinating, promoting, receiving, and processing orders; and providing the prime Contractor’s goods and services in New Mexico. Once the prime Contractor provides this information, CES will review, seek clarification (if needed), and conduct a Vendor conference to complete the contract execution process. AEPA IFB #018 Part C Member Agency Page 38 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions CFR - Code of Federal Regulations www.gpoaccess.gov/cfr/index.html Civil and Criminal Penalties: The New Mexico Procurement Code, Sections 13-1-21 through 13-1-199 NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. Confidential Information and Disclosure of Proposal Contents: For the purposes of this procurement, the provisions of the “New Mexico Inspection of Public Records Act” (NMSA 1978, Chapter 14, Article 2) will be in effect. Pursuant to this Act, all proceedings, records, contracts, and other public documents relating to this procurement shall be open to public inspection. Proposers are reminded, that while trade secrets and other proprietary information they submit in conjunction with this procurement may not be subject to public disclosure, protections must be claimed by the proposer at the time of submission of its Technical Proposal. Proposers should refer to the New Mexico Inspection of Public Records Act for further clarification. The designation of certain information as trade secrets and/or privileged or confidential proprietary information shall only apply to the technical portion of your proposal. Your cost proposal will not be considered confidential under any circumstance. Any proposal copyrighted or marked as confidential or proprietary in its entirety may be rejected without further consideration or recourse. The Proposer must clearly designate the part of the proposal that contains a trade secret and/or privileged or confidential proprietary information as “confidential” in order to claim protection, if any, from disclosure. The proposer shall provide a sheet with the following legend, specifying the specific section(s) of his proposal sought to be restricted in accordance with the conditions of the legend: “The data or contained in proposal have been submitted in confidence and contain trade secrets and/or privileged or confidential information and such data shall only be disclosed for evaluation purposes, provided that if a contract is awarded to this Proposer as a result of or in connection with the submission of this proposal, CES and its Members and Participating Entities shall have the right to use or disclose the data therein to the extent provided in the contract. This restriction does not limit CES and its Members and Participating Entities the right to use or disclose data obtained from any source, including the proposer, without restrictions.” Further, to protect such data, each page containing such data shall be specifically identified and marked “CONFIDENTIAL”. Within the required electronic submission, any item marked as confidential will need to be submitted in a separate folder marked “Confidential information”. The CES Executive Director will review the statement, and will determine in writing whether the information will be withheld. If the Executive Director determines that the information should be disclosed, the Offeror will be informed in writing of such determination and, should the Offeror object in writing within five (5) days after notification thereof, no disclosure will be made and the bid or RFP may be rejected. Disclosure of Confidential Information: Any confidential information provided to the Contractor by CES, its Members or Participating Entities or developed by the Contractor based on information provided by CES, its Members or Participating Entities in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of CES, its Members or Participating Entities. Upon termination of this Agreement, Contractor shall deliver all confidential material in its possession to CES, its Members or Participating Entities within thirty (30) business days of such termination. Contractor acknowledges that failure to deliver such confidential information to CES, its Members or Participating Entities will result in direct, special and incidental damages. Eligible Agencies: consist of any CES Member, Participating Entity or External Procurement Unit. CES reserves the right to reject any purchase authorizations it receives under its cooperative purchasing program from New Mexico eligible agencies without cause. Execution of Contract and Compliance with Bid Instructions: By submitting a bid, the Offeror acknowledges its understanding of the instructions to bidders, the New Mexico additional Terms and Conditions, and its willingness to comply with the requirements of the bid documents as it relates to offering and providing their products and services within the state of New Mexico. Indemnification: The Contractor shall indemnify and hold harmless CES, its CES Member and Participating Entities (its officers and employees) against liability, claims, damages, losses, or expenses arising out of bodily injury to persons or damage to property caused by, or resulting from, Contractor's and/or its employees own negligent act(s) or omissions(s) while the Contractor, and/or its employees, perform(s) or fails to perform its obligations and duties under the terms and conditions of AEPA IFB #018 Part C Member Agency Page 39 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions this agreement. This safe and harmless and indemnification clause is subject to the immunities, provisions, and limitations of the Tort Claims Act (41-4-1, et seq., N.M.S.A. 1978 comp.) and any amendments thereto. It is specifically agreed between the parties executing this agreement that it is not intended by any of the provisions of any part of the agreement to create the public or any Member thereof a third party beneficiary or to authorize anyone not a party to the agreement to maintain a lawsuit(s) for wrongful death(s) bodily and/or personal injury(ies) to person(s), damage(s) to property(ies) and/or any other claim(s) whatsoever pursuant to the provisions of this agreement. Vendor shall provide all insurance necessary to employees on the work site, including, but not limited to, workman's compensation. Indemnification Intellectual Property: The Contractor shall defend, at its own expense, CES, its Members and Participating Entities against any claim that any product or service provided under this Agreement infringes any patent, copyright or trademark, and shall pay all costs, damages and attorney’s fees that may be awarded as a result of such claim. In addition, if any third party obtains a judgment against CES, its Members and Participating Entities based upon Contractor’s trade secret infringement relating to any product or services provided under this Agreement, the Contractor agrees to reimburse CES, its Members and Participating Entities for all costs, attorneys’ fees and the amount of the judgment. To qualify for such defense and/or payment, CES, its Members and Participating Entities shall: 1. Give the Contractor written notice, within forty-eight (48) hours, of its notification of any claim; 2. Allow the Contractor to manage the defense and settlement of the claim as permitted by law; and 3. Cooperate with the Contractor, in a reasonable manner, to facilitate the defense or settlement of the claim. CES, its Members and Participating Entities Rights: If any product or service becomes, or in the Contractor’s opinion is likely to become, the subject of a claim of infringement, the Contractor shall, at its sole expense: 1. Provide CES, its Members and Participating Entities the right to continue using the product or service and fully indemnify CES, its Members and Participating Entities against all claims that may arise out of CES, its Members and Participating Entities use of the product or service; 2. Replace or modify the product or service so that it becomes non-infringing; or 3. Accept the return of the product or service and refund an amount equal to the value of the returned product or service, less the unpaid portion of the purchase price and any other amounts, which are due to the Contractor. The Contractor’s obligation will be void as to any product or service modified by CES, its Members and Participating Entities to the extent such modification is the cause of the claim Insurance: On contract award, the Contractor will, at its own expense, purchase and maintain insurance that will protect it from claims that may arise out of or as a result from its activities under this contract, where those activities are performed by it, by any Subcontractor, by anyone directly or indirectly employed by any of the Contractors or by anyone for whose acts the Contractor may be liable during the entire performance period of this contract. The Contractor must furnish a C ertificate of Insurance to the CES procurement officer prior to official award. If policy changes occur during the life of the contract, it is the Contractor’s responsibility to provide updated proof of coverage to the CES procurement officer. 1. Bidders will submit proof of coverage under the Worker’s Compensation Insurance, as required by the Labor Laws and New Mexico Statutes. Waiver of Subrogation in favor of CES is required. 2. Bidders will submit a certificate of general liability insurance for personal injury, occupational disease, sickness or death, and property damage. Insurance will include “occurrence” claim provisions. Minimum acceptable coverage is one million dollars ($1,000,000) combined single limit for bodily injury and property damage, or seven hundred fifty thousand dollars ($750,000) bodily injury and two hundred fifty thousand dollars ($250,000) property damage (each occurrence). The Offeror will name CES and the CES Member as co-insured up to the limits of the NM Tort Claims Act. Additional punitive damages liability to $500,000 will be provided naming CES as co-insured. 3. Commercial Auto Liability Insurance, for both owned and non-owned vehicles, shall be one million dollars ($1,000,000) per occurrence combined single limit for both personal injury and property damage. The Offeror will name CES and the CES Member as additional insured up to the limits of the NM Tort Claims Act. 4. If required, a bidder will submit a certificate of errors and omissions insurance for damages caused by an error, omission, or any negligent acts caused by the Contractor and its Subcontractors in the performance under this agreement. Combined singled limit per occurrence is one million dollars ($1,000,000) and the annual aggregate limit of not less than two million dollars ($2,000,000). This will be a condition of the final acceptance of work or services. 5. In addition, Contractor must provide, upon request, identical certification of insurance to any CES Member or Participating Entity using this contract. Prior to commencing any work, all Subcontractors must procure and maintain at its own expense until final acceptance of the work, written insurance coverage, and insurer’s acceptance to the prime Contractor. All Subcontractors will provide workers’ compensation insurance, which waives all subrogation rights against the prime Contractor and CES, its Members and Participating Entities. AEPA IFB #018 Part C Member Agency Page 40 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions A. The Offeror will name CES and the CES Member or Participating Entity as the additional insured up to the limits of the Tort Claims Act Limits of the NM Tort Claims Act: 1) New Mexico Tort immunity is not waived, and the State can be liable only within the limitations of the Tort Claims Act. NMSA Sect. 41-4-2. As for contract claims, immunity is waived for claims involving written contracts, but is not waived for actions based on an oral or implied contract per NMSA Sect. 37-1-23. 2) NMSA 41-4-2A: The Tort Claims Act applies to all governmental entities and their employees 3) There are a number of statutory exceptions to the immunity doctrine. For example, the State can be held liable for claims arising out of the following: a. NMSA 41-4-5 Operation or maintenance of a motor vehicle b. NMSA 41-4-6 Operation or maintenance of public buildings or parks c. NMSA 41-4-7 Operation of airports or d. NMSA 41-4-9 Operation of medical facilities e. Other statutory provisions apply. 4) Tort Cap per Claimant in NM NMSA 41-4-19A: a. $200,000 for damage to real property arising out of single occurrence b. $300,000 for past and future medical expenses arising out of a single occurrence c. $400,000 to any person for any number of claims arising out of a single occurrence d. $750,000 Comparative Negligence: Modified Joint and Several Liability Lease and Rentals: The offeror can allow CES Members to enter into rent, lease, or purchase agreements, providing such agreements are in compliance with New Mexico statutes, rules, and regulations. CES must receive a copy of the executed leasing documents prior to processing a purchase order. CES will not collect lease payments. All terms of leasing must be included in the proposal with interest rates described as related to a government lease agreement. The offeror must indicate if the shipping costs for the return of leased or rented equipment are the responsibility of the CES Member and what that cost will be. No sale of a contract to a third party will be made without informing CES and the CES Member of the transfer. If the offeror sells a lease contract to a third party, the cost of return must not be greater than the cost of return to the original Contractor. As required by New Mexico law, the lease agreement with the CES Member or Participating Entity will need to contain a termination provision for Non-Appropriation of Funds. In the event no funds or insufficient funds are appropriated and budgeted by CES, its Members or Participating Entities (Lessee) governing body or are otherwise unavailable in any fiscal year for the payment of lease and other amounts due under any lease, the lease shall terminate on the last day of the fiscal period for which appropriations were received or other amounts are available to pay amounts due under the lease without penalty or expense to the Lessee. It is the decision of CES, its Members, or Participating Entities to determine the sufficiency of funds, which determination shall be accepted by the Lessor and is final. The Lessee shall give the Lessor or its Assignee written notice at least thirty (30) days in advance of such occurrence. Legal Remedies: All claims and controversies are subject to the New Mexico Procurement Code, NMSA 1978, and Sections 13-1-21 through 13-1-199. Local Representation: Depending on the type and level of products and services offered, the Vendor must demonstrate their sales, support, and service staff are physically located where they can respond to and deliver services in a timely and cost effective manner. Manufacture Endorsement: The bidder must demonstrate it is an authorized distributor of the products and services offered, has access to manufacturer’s technical support and warrantee services, and possesses the certifications required to install, configure, and maintain the products offered within the state of New Mexico. Marketing: Once the award is made to the Contractor, CES will, in conjunction with the Contractor, develop a marketing strategy on how the contract will be presented to its Members and Participating Entities. CES informs its Members and Participating Entities of the contract by: 1) including the contract in the agency database that is available on the CES website, 2) announcing the award in its periodic newsletter, 3) publishing the contract information in a catalog disseminated to all Members, and 4) attending a number of conferences and promoting its existing contracts. A list of Members’ and AEPA IFB #018 Part C Member Agency Page 41 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions Participating Entities’ names, contact names, addresses, and phone numbers can be viewed or downloaded by going to CES’ website (www.ces.org). Multiple Awards: AEPA approved Vendors must service a required number of the AEPA Member States which does not allow New Mexico or regional Vendors to participate. CES has determined that it is in its Members and Participating Entities best interest, and in order to provide local Vendors the opportunity, CES conducts public solicitations for local and/or regional Vendors in some of the same product and service areas. Therefore, CES may have existing CES contracts in place with local or regional Vendors. New Mexico Procurement Code: Sections 13-1-21 through 13-1-199 NMSA 1978 may be cited as the "Procurement Code". Offer Acceptance Period to Execute a Contract with CES: In order to allow CES the opportunity to evaluate the bids approved by AEPA, CES requires that the AEPA approved Vendor submit to CES a complete electronic copy of its response to AEPA’s solicitation within fifteen (15) days of CES request. CES will issue its supplemental packet within thirty (30) days after receipt and review of the approved Vendor response. The approved Vendor will have fifteen (15) days to return the CES supplemental packet. After CES receives the requested information in the supplemental packet, CES will issue a contract for the products and services as approved by AEPA. Offeror’s Support for CES Prices: Because the resulting CES awarded contracts are based on publically solicited sealed bids, Members are exempt from having to issue their own individual solicitation. The additional value CES brings to the transactions is its oversight, support services, and assurance that the procurement complies and adheres to the New Mexico Procurement Code. The service and convenience of processing orders through one agency, CES, simplifies the procurement process. If problems occur, the Member has the assistance of CES in reaching a satisfactory solution. Therefore, for CES to comply with the intent of State of New Mexico cooperative purchasing statute and to provide its Members and Participating Entities the best value, CES requires that Vendors offer prices lower than what they would offer on single school district contracts in New Mexico, other cooperative purchasing contracts available to New Mexico public institutions, and agencies or state purchasing contracts for equal or less volume. Vendors that awarded a CES contract under this solicitation must lead with and/or offer their CES contract. As the agencies’ first option, however, it is understood that it has the option to use whatever procurement method they choose. Ordering Process: CES currently offers two procurement/purchasing options: the traditional and ecommerce methods. 1. Traditional Method: Orders accepted will be processed by: a. The Contractor provides a written quote or proposal to the CES customer. When a final quote or proposal is agreed upon, a copy is provided to CES. When preparing a quote or proposal under a CES awarded contract, the Contractor must clearly identify and separate supplies, materials, equipment, and services into individual line items as they appear on the Contractor’s awarded price schedule. Stated prices must include the CES two percent (2%) administrative fee. b. The CES Member or Participating Entity issues a purchase order to CES based on the quote or proposal provided referencing the Contractor’s CES contract number. c. When CES receives the Member’s or Participating Entity’s purchase order, it verifies the quote or proposal with the Contractor’s CES contract pricing to ensure compliance. CES issues a purchase order to the Contractor for the contract pricing less two percent (2%) CES administrative fee. d. The Contractor provides the items or services and invoices CES for an amount not to exceed the amount of CES’ purchase order to the Contractor. Invoices must only be issued to CES. e. CES verifies the Contractor’s invoice received and issues a CES invoice to its Member or Participating Entity. f. The Member or Participating Entity pays CES, and CES pays the Contractor for items and services delivered and accepted by the CES Member or Participating Entity and retains its 2% percent administrative fee. 2. Ecommerce (online ordering) Method: This allows the CES Members and Participating Entities to log on to the Contractor’s website which contains only those products and services covered under the Contractor’s CES awarded contract. The Contractor delivers the product/services, sends an invoice to the Member/Participating Entity, the CES Member or Participating Entity pays the Contractor, and the Contractor rebates to CES the two percent (2%) administrative fee. Ownership of Materials and Documents: CES, its Members or Participating Entities shall be the sole owner of all right, title and interest, including copyright, in and to all software, plans, diagrams, facilities, and tools (hereafter "materials") which are AEPA IFB #018 Part C Member Agency Page 42 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions originated or created through Contractor’s work pursuant to this Contract. Contractor, for valuable consideration herein provided, shall execute all documents necessary to assign and transfer to, and vest in CES, its Members or Participating Entities all Contractor’s rights, title and interest in and to such original materials, including any copyright, patent and trade secret rights which arise pursuant to Contractor’s work under this Contract. Patent and Copyright Infringement: Contractor will, at their expense, defend CES and its Members and Participating Entities against any claim that any equipment or software supplied hereunder (even if such equipment or software are modified by CES or its Members, subject to the last paragraph of this section) infringe a patent or copyright in the United States, or a U.S. Territory, and will pay all costs, damages and attorney’s fees that a court finally awards as a result of such a claim. To qualify for such a defense and payment, CES must: 1. Give Contractor prompt written notice of any such claim after becoming aware of such claim. 2. Allow Contractor to control and fully cooperate with Contractor in the defense and all related settlement negotiations. CES will be reimbursed for all expenses incurred by CES in fully cooperating with Contractor as specifically requested by contract. CES is not required to incur any expenses specified in this paragraph, which are not reimbursable, by the Contractor. If any CES Member and Participating Entities are involved by any party in any way, the same provisions that apply to CES in this paragraph will apply to the CES Member or Participating Entity. Contractor’s obligation under this section is conditioned on CES’ agreement that if the subject of such a claim, CES will permit the Contractor, at its expense and option, either to procure the right for CES and its Members or Participating Entity to continue using the equipment and/or software, or to replace or so modify with equipment or software which are functionally equivalent so that they become non- infringing. If neither of the foregoing alternatives is available on terms which are reasonable in Contractor’s judgment and satisfactory to CES, CES will request its Members or Participating Entity to return the equipment or software on written request by Contractor at Contractor’s expense. Contractor agrees to refund CES and/or its Members or Participating Entities a refund for returned equipment as depreciated unless otherwise mutually agreeable in writing. The depreciation will be an equal amount per year over six (6) years. In the event that Contractor’s written request for return is made after full depreciation, the Contractor will pay CES, or its Members who purchased the equipment, an amount equivalent to the fair market value of the returned equipment. If CES, or any of its Members or Participating Entities, fails to return the equipment, the Contractor is not obligated to that Member under this clause. Contractor will have no obligation with respect to any such claim based upon a Member’s or Participating Entity’s modification of the equipment or software or combination, operation or use with apparatus, data or programs not furnished by Contractor. However, one Member’s or Participating Entity’s action will not preclude Contractor’s obligation to others not having modified their equipment or software. Payment Processing: All payments must be invoiced through CES, unless online ordering is approved by CES. If any payment is delayed beyond 45 days from the due date, the Contractor agrees not to charge CES interest on the late payment. Any late charges will be the total responsibility of the procurement unit. The Contractor can extend any due date to avoid the requirement to pay interest. Acceptance of final payment is a waiver of all claims, with the exception of unsettled claims previously made in writing. Price List: The AEPA Vendor will submit to CES and/or its Members and Participating Entities (if requested), or make available on its website all applicable pricing for all products and services proposed, approved, and awarded under this solicitation. Price lists submitted must be in accordance and comply with the AEPA’s terms, conditions, and the requirements of the CES purchasing process utilized to facilitate eligible procurement agencies’ staff to place and process orders. When utilizing any of the pricing methodologies identified and required within this solicitation, such discounts and pricing will include the CES two (2%) percent administrative fee, must be submitted in the format required, and can be audited by CES. Provisions Required by Law: Each and every provision of law and any clause required by law to be in the contract will be read and enforced as though it were included herein, and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract will forthwith be physically amended to make such insertion or correction. Quotes and Cost Proposals: All cost quotes and proposals submitted to a CES Member or Participating Entity under this solicitation will be based on or more of the pricing methodology described and stipulated and identified within each category and or lot of this IFB. All pricing submitted must include adjustments for New Mexico Gross Receipts Tax if applicable. AEPA IFB #018 Part C Member Agency Page 43 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions Shipping Terms: Prices that include shipping to any location in the State of New Mexico, delivered to the specific receiving point as identified in the purchase order issued by CES, its Members or Participating Entities to the Contractor. The Contractor will retain title and control of all goods until they are delivered and received. All risk of transportation and all related charges will be the responsibility of the Contractor. The receiving agency will notify CES, the Contractor and/or Freight Company promptly of any damaged goods, and will assist the Freight Company and/or Contractor in arranging for inspection. No F.O.B. vessel, car or other vehicle terms will be accepted. Subcontractors: If it is necessary for the Offeror to contract with third party firms to provide various goods and services, the following will apply: 1. Subcontracting is allowed in any category of this solicitation, the contractor agrees that any subcontract will comply with the specifications and requirements of the individual project. 2. CES, its’ Members and Participating Entities reserves the right to approve or reject any subcontractor listed in the Offeror’s project proposal. 3. The Contractor will not enter into any subcontract subject to this solicitation without prior notification and approval from CES or its’ Member and Participating Entity. Any such subcontract shall incorporate by reference the terms and conditions of this solicitation and each individual project contract. Taxes: Prices offered will not include applicable State of New Mexico Gross Receipts Tax (NMGRT). All applicable NMGRT must be listed as a separate item on all invoices. 1. NMGRT does not apply to delivery charges to the CES Member or Participating Entity location. 2. NMGRT does not apply to non-construction supplies, materials, and equipment. 3. NMGRT does apply to services and professional services based on the location of the provider. 4. NMGRT does apply to any construction product or project and will be based upon the physical location of the construction site. 5. Indian Reservation or Tribal Tax: In addition to NMGRT, tribal taxes may be applied to goods or services. 6. Contractors will be required to provide New Mexico CRS Identification Number issued by New Mexico Taxation and Revenue Department at time of contract award. Termination for Convenience: CES can, by written notice stating the effective date, terminate the contract issued for convenience in whole or in part, at any time. CES shall pay Offeror as full compensation for performance until such termination as follows: 1. The unit or pro-rata order price for the delivered and accepted portion; and 2. A reasonable amount, not otherwise recoverable from other sources by Offeror as approved by CES with respect to the undelivered or unaccepted portion of the service, provided compensation shall in no event exceed the total contract price. Termination for Default: CES reserves the right to terminate in whole or any part of the contract due to the failure of the Contractor to carry out any obligation, term or condition of the contract. CES may issue written notice to the Contractor for acting or failing to act under the following conditions. 1. The Contractor provides material that does not meet the specifications of the contract. 2. The Contractor fails to complete the services set forth in the specifications of the contract. 3. The Contractor fails to complete the work required or to furnish the materials required within the specified time. 4. The Contractor fails to make progress in the performance of the contract and/or gives CES cause to believe that the contractor will not or cannot perform the requirements of the contract. 5. The Contractor fails to observe any or all of the terms and conditions of the contract. 6. The Contractor accepts purchase orders, based on this contract, directly from a CES Member and then invoices them directly. 7. Any other conditions that, in the opinion of CES, warrants such action. Upon receipt of a written notice, the Contractor will have ten (10) days to provide a satisfactory response in writing to CES. Failure on the part of the Contractor to satisfactorily respond can result in CES terminating the contract. Termination for Gratuity: CES shall, by written notice, cancel this contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any employee of CES with a view toward securing a contract or the respect to the performance of the contract. Paying the expenses of normal business meals, which are generally made available to all eligible school and government employees, AEPA IFB #018 Part C Member Agency Page 44 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions shall not be prohibited by this paragraph. Samples of software, equipment, or hardware provided to CES for demonstration, evaluation, or loan purposes are not considered gratuities. Termination for Non-Performance or Contractor Deficiency: CES can terminate any contract if CES Members have not used the contract in any 12-month period, or if purchase orders total less than $10,000 per year. CES reserves the right to cancel the whole or any part of this contract due to failure by Contractor to carry out any obligation, term or condition of the contract. CES may issue a written notice to Contractor for acting or failing to act in any of the following: 1. Providing material that does not meet the specifications of the contract; 2. Failing to adequately perform the services set forth in the scope of work, specifications or contract; 3. Failing to complete required work or furnish required materials within a reasonable amount of time; 4. Failing to make progress in performance of the contract and/or giving CES reason to believe that contractor will not or cannot perform the requirements of the contract; 5. Performing work or providing services under the contract prior to receiving a purchase order from CES for such work; 6. Accepting purchase orders based on this contract from CES Members and/or invoicing CES Members directly. 7. Fails to observe any or all of the terms and conditions of the contract. 8. Any other conditions that, in the opinion of CES, warrants such action. Upon receipt of a written notice, contractor will have ten (10) days to provide a satisfactory response to CES. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data, and reports prepared by Contractor under the contract will become the property of the CES Member on demand. Termination for Non-Appropriation: Any individual Member’s or Participating Entities’ project covered by this IFB may be terminated if insufficient appropriations or authorizations do not exist due to changes in state or federal law, or because of court order, or because of insufficient appropriations made available to Members or Participating Entities governing board and/or the New Mexico State Legislature. Such termination will be effected by sending fifteen (15) days written notice to the Contractor. The CES Members or Participating Entities decision as to whether sufficient appropriations and authorizations are available shall be accepted by the Contractor and shall be final. B. Construction Terms and Conditions – For construction products and services. Additional Contract: For any contract entered into by CES, contractor and CES Member or Participating Entity based on this bid, the terms and conditions of the IFB will prevail. A contract between the CES Member or Participating Entity and the Contractor for construction will be an industry standard agreement. The parties may agree to use the American Institute of Architects (AIA) General Conditions of Contract for Construction Form A201 as a guide. New Mexico Public School Facilities Authority (NMPSFA) Terms and Conditions: Any construction project involving funds provided by NMPSFA will require the Contractor to adhere to NMPSFA’s additional terms, conditions and requirements. Bonds: 1. Upon execution of a contract between a CES Member/Participating Entity and the prime Contractor for a construction project with a value twenty-five thousand ($25,000) or more, will provide performance and payment bonds from a surety company authorized to do business in New Mexico in accordance with the New Mexico Insurance Code and be a surety listed in the US Treasury Circular 570. 2. The prime Contractor will execute a performance bond in an amount equal to one hundred percent (100%) of the price specified in the contract between the CES Member or Participating Entity and the prime Contractor by a surety company authorized to do business in the state of New Mexico in accordance with the New Mexico Insurance Code and be a surety listed in the US Treasury Circular 570. Performance bonds between the CES Member or Participating Entity and the prime Contractor will be on standard AIA or similar forms. This bond will protect all persons supplying labor and material to the prime Contractor for the performance of the work provided in the contract. 3. All suits for nonpayment or nonperformance will be filed as allowed under New Mexico law. 4. Any Subcontractor providing or performing one hundred and twenty-five thousand dollars ($125,000) or more of work for an individual project, must submit to the prime Contractor a performance and payment bond equal to one hundred percent (100%) of the subcontract cost from a surety company authorized to do business in New Mexico in accordance with the New Mexico Insurance Code and be a surety listed in the US Treasury Circular 570. Contract Between Owner and Contractor 15. An agreement between CES Member or Participating Entity and a CES Contractor for the purpose of procuring construction and professional services for a particular project may be completed for any construction project. It is at AEPA IFB #018 Part C Member Agency Page 45 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions the discretion of the CES Member or Participating Entity and the Contractor to determine if an additional industry standard Owner/Contractor contract is to be executed in addition to this contract. The agreement must be signed by all parties prior to the Contractor starting any work. 16. The Contractor warrants and assures the Owner that it has complied with the New Mexico Procurement Code, Public Works Contract and the Subcontractor Fair Practices Act in contracting for procurements from CES Contractors. Quotes and Cost Proposals: All cost quotes and proposals submitted to a CES Member or Participating Entity will be based on or more of the pricing methodology described within each category or lot of this IFB. Licenses: The prime Contractor and any Subcontractors shall possess the appropriate New Mexico Construction Industries Division (NMCID) Contractor’s license required to provide construction products and services covered by this solicitation. Copies of the prime Contractor’s licenses shall be provided in the CES Supplemental Contract Packet. The Contractor and any Subcontractors must maintain and keep current all New Mexico licenses during the term of the contract. New Mexico State Wage Rate Documentation 1. It is the Contractor’s responsibility to be acquainted with the New Mexico Department of Workforce Solutions’ rules, regulations, procedures and requirements relating to state wage rates, and to comply with state and federal regulations regarding payment of wages rates on public projects. The Contractor, as established by the New Mexico Department of Workforce Solutions, will pay wage rates for every job performed under this contract with a total project cost of more than Sixty Thousand Dollars ($60,000) not including New Mexico Gross Receipts Tax. The Contractor will pay all mechanics and laborers employed on the site of the project by the Contractor, unconditionally and not less than once a week, and without subsequent unlawful deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications. 2. The New Mexico Department of Workforce Solutions requires that certain forms be completed for every project that needs a wage decision issued. CES, CES Member or Participating Entity will submit for the wage decision and, upon receipt of the decision, will provide it to the Prime Contractor. The Contractor is responsible for completing and submitting the required forms to the NM Department of Workforce Solutions and must provide CES with a copy of the following: NOTIFICATION OF AWARD, STATEMENT OF INTENT TO PAY PREVAILING WAGES, and AFFIDAVIT OF WAGES PAID. Ordering Process: Once the Contractor is notified by a CES Member or Participating Entity that they are interested in having the contractor provide construction related products and services, the Contractor will schedule a site visit to familiarize itself with the site and project scope of work. This is done by conducting and performing its own site investigation, research, analysis and asking pertinent questions in order to obtain a complete and comprehensive knowledge and understanding of the project’s terms, conditions, requirements, and the Owner’s expectations prior to developing, preparing, and submitting a project cost proposal. Payment Retention, Progress Payments: 1. In order to comply with New Mexico Statutes Annotated 1978, Article 28 Retainage, 57-28-1 to 57-28-11, CES will not retain any funds on progress payments during any construction projects. The prime contractor agrees to only request payment for goods and services delivered, received and accepted by the CES Member or Participating Entity. 2. Final payment of a contract, for which progress payments have been made, will not be made until the project is totally completed (including punch list items and close out document delivered), and the final application for payment is signed by the CES Member or Participating Entity, received and audited by CES. 3. If the CES Member or Participating Entity and the Prime Contractor agree to retainage or a substitute security, the agreement must be in full compliance with New Mexico Procurement Code and applicable laws. If a substitute security or retainage is agreed upon, written notice must be provided to all parties prior to the issuing of a CES purchase order. NMPSFA: New Mexico Public School Facilities Authority is the administrative unit created by the State of New Mexico legislature to carry out and act on behalf of the Public School Capital Outlay Council (PSCOC) to administer, coordinate and provide general oversight for “state-funded construction”, which is defined as a building or appurtenance to a building that is built in whole or in part with state capital outlay monies. As part of their oversight function, NMPSFA will receive and review construction project documents and coordinate with other state agencies such as NMCID, Environment Department, Department of Energy, Minerals and Natural Resources, State Fire Marshal’s Office, etc., to ensure compliance with all applicable adequacy standards, rules, regulations, building, plumbing, electrical, fire prevention, and mechanical codes adopted by the state, county, city, town or fire district in which the construction project is located. AEPA IFB #018 Part C Member Agency Page 46 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions NM Workforce Solutions: This is state agency responsible for the overseeing, administering, issuing, implementing and ensuring that all employers, Contractors, and Subcontractors follow and comply with New Mexico and Federal labor laws, rules, regulations, policies, and procedures governing employment and the general workforce. NM Public Works Contracts: Sections 13-4-1 through 13-4-43 NMSA 1978 may be cited as part of the "Procurement Code". New Mexico Workforce Solutions Contractor Registration Requirement: In order to submit a bid or response to a request for proposal valued at more than sixty thousand dollars ($60,000) or to be considered for an award of any portion of a public works project greater than sixty thousand dollars ($60,000) and for a public works project that is subject to the Public Works Minimum Wage Act (13-4-10 NMSA 1978), the contractor, serving as a Prime Contractor or Subcontractor, shall be registered with the New Mexico Department of Workforce Solutions, Public Works (13-4-14.1 NMSA 1978) before CES can issue a contract. Quality Control Issues: 1. During the course of the contract, the Member’s/Participating Entity’s contact person may secure samples according to Construction Industries Division guidelines or industry standards of materials being used from containers at the job site, and submit them to an independent laboratory for comparison to specified material. A. Should test results prove that a material is not functionally equal to or better than specified, the prime Contractor will pay for all testing and any cost incurred to have materials installed to replace those found not to comply with the specifications, and remove and dispose of the nonconforming materials. 2. Should the Member/Participating Entity and the Contractor encounter a situation and/or condition that they cannot agree on or resolve during the execution of the project and/or during the project close-out process, CES has consultants under contract that either of the parties can engage to review, investigate, evaluate, and issue a written report on their findings and propose recommendations/solutions for addressing the concerns and issues. Site Cleanup: Contractor will clean up and remove all debris resulting from its work as required by the Member/Participating Entity. The contractor shall comply with all laws and regulations governing disposal of construction and hazardous materials. Upon completion of the work, the premises will be left in a neat, unobstructed condition with everything in good repair and order. Site Examination: Contractor shall familiarize itself with the site, in order to anticipate unseen problems that may develop as the work progresses. Failure to have visited the site before submitting a job order proposal shall in no way relieve the contractor from furnishing any materials or performing any work required to complete the project in accordance with the contract documents, without additional cost to the CES Member/Participating Entity. Site Preparation: Prior to a purchase order being issued by a CES Member or Participating Entity, the size, location and site conditions that exist at the time the contractor takes possession and/or control must be clearly identified and stated in writing. The contractor will not begin a project for which the site is not prepared or in the condition agreed upon in writing by the CES Member or Participating Entity, unless contractor decides to accept the site as is and is willing to perform the preparation work necessary at no cost, or until the CES Member or Participating Entity has included the cost of site preparation in a purchase order to CES. Site preparation may include, but is not limited to clearing the site, securing the site, installing wiring for networks or power and similar pre-installation requirements. Subcontractors: If it is necessary for the Offeror to contract with third party firms to provide various goods and services, the following will apply: 1. In awarding subcontracts, the Contractor agrees that any subcontract competitively solicited by Contractor will not be awarded solely upon membership, non-membership or affiliation in a union or professional association or other organized group or agency, but on a competitive bid and ability to meet the specifications and comply with the requirements of the individual project. 2. Subcontractor shall be registered with New Mexico Department of Workforce Solutions, Public Works section (13-4-14.1 NMSA 1978). 3. CES, its’ Members and Participating Entities reserves the right to approve or reject any subcontractor listed in the Offeror’s project proposal. 4. Subcontractors shall provide performance and payment bonds to Prime Contractor if the subcontract is greater than $125,000 (13-1-148.1 NMSA 1978). AEPA IFB #018 Part C Member Agency Page 47 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 5. The Contractor will not enter into any subcontract without prior notification and approval from CES its’ Member or Participating Entity. Any such subcontract shall incorporate by reference the terms and conditions of this solicitation and each individual project contract. 6. No subcontracts will be entered into with any unlicensed party. Contractor must use Subcontractors openly, include such arrangements in the proposal and certify upon request that such use complies with the rules of the NMCID and the New Mexico Public Works Act and New Mexico Procurement Code. No subcontracting costs can be hidden in a cost proposal to CES. 7. Subcontractor Payment: Contractor agrees to pay Subcontractors in a timely manner and in accordance with the New Mexico Subcontractors Act. If Contractor receives a progress payment from CES, the Contractor will pay its Subcontractor(s) their correct proportion of the amount paid. CES will provide release of liens from Subcontractors within fifteen (15) days of date of payment. Failure to pay Subcontractors for work faithfully performed and properly invoiced can result in the suspension or cancellation of this contract. 8. Subcontractor’s labor used must be of a standing or affiliation that will permit the work to be carried on harmoniously, without delay and will not cause any disturbance, interference or delay to the progress of the project. Subcontractor and lower-tier Subcontractors will not employ anyone whose employment might be objected to by Prime Contractor or Member. C. Procedure for Processing Orders Ordering Process: CES currently offers two procurement/purchasing options: the traditional and ecommerce methods. 1. Traditional Method: Orders accepted will be processed by: a. The Contractor provides a written quote or proposal to the customer. When a final quote or proposal is agreed upon, a copy is provided to CES. When preparing a quote or proposal under a CES awarded contract, the Contractor must clearly identify and separate supplies, materials, equipment, and services into individual line items as they appear on the Contractor’s awarded price schedule or pricing methodology. Stated prices must include the CES two percent (2%) administrative fee. b. The CES Member or Participating Entity issues a purchase order to CES based on the quote or proposal provided referencing the Contractor’s specified CES contract number. c. When CES receives the Member’s or Participating Entity’s purchase order, it verifies the quote or proposal with the Contractor’s CES contract to ensure compliance. CES issues a purchase order to the Contractor for two percent (2%) less than the Contractor’s quote and the Member’s or Participating Entity’s purchase order. d. The Contractor provides the items or services and invoices CES for an amount not to exceed the amount of CES’ purchase order to the Contractor. Invoices must only be issued to CES. e. CES verifies the Contractor’s invoice received and issues a CES invoice to its Member or Participating Entity. f. The Member or Participating Entity pays CES, and CES pays the Contractor for items and services delivered and accepted by the Member or Participating Entity and retains its 2% percent administrative fee. 2. Ecommerce (online ordering) Method: This allows the CES Members and Participating Entities to log on to the Contractor’s website which contains only those products and services covered under the Contractor’s CES awarded contract. The Contractor delivers the product and services, sends an invoice to the CES Member or Participating Entity, the CES Member or Participating Entity pays the Contractor, and the Contractor rebates the CES administrative fee to CES. Progress Payments Processing: All progress payments must be invoiced through CES. It is the responsibility of the CES Member or Participating Entity and/or its designee to review and approve any estimates of work completed. If the CES Member or Participating Entity and/or their designee issues a written statement to the Contractor that the estimate of work is not approved and certified, the CES Member or Participating Entity may withhold an amount from the progress payment determined to be reasonably sufficient to cover the deficiency set forth in the written finding. In such cases, the Contractor agrees to hold CES, its’ Members and Participating Entities harmless for any deficiency of payment. If any payment is delayed beyond 45 days from the due date, the Contractor agrees not to charge CES interest on the late payment. Any late charges will be the total responsibility of the CES Member or Participating Entity. The Contractor can extend any due date to avoid the requirement to pay interest. Acceptance of final payment is a waiver of all claims, with the exception of unsettled claims previously made in writing. AEPA IFB #018 Part C Member Agency Page 48 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 17. North Dakota, North Dakota Educators Service Cooperative (NDESC) A. Additional Agency Terms and Conditions 1. Hazardous Substances: All hazardous products purchased by members shall include a Safety Data Sheet (SDS) with the delivery. 2. Lease and Rentals: Vendor may allow NDESC members to enter into rental, lease, or lease purchase agreements, providing such agreements are in compliance with North Dakota Statutes and guidelines as well as the State Department of Education policies, rules and regulations. NDESC will not collect lease payments or be involved in the terms and conditions of the lease. All lease arrangements are between the Vendor and the NDESC member. Vendor agrees that leases will be in compliance with the Uniform Commercial Code. A two percent (2%) administrative fee must be included in the lease cost based on the total value of the goods and applicable services purchased. This fee is referred to under ordering process. 3. Training Seminar: The contracted Vendor and their participating sub-contractors are required to participate in an online training session that is designed to educate the vendor and subcontractor on the purpose and nature of NDESC. The contracted Vendor will not be marketed to NDESC participating agencies until they have completed the training seminar. B. Additional Participating Agency Terms and Conditions for Non-Construction Products and Services If requested by CPC, the contracted Vendor will work with CPC to develop an order form, or order forms, containing the most commonly purchased items, that CPC can utilize to market the Vendor to its participating agencies. C. Additional Participating Agency Terms and Conditions for Construction Related Products and Services Upon acceptance and approval of the Vendor’s offer by AEPA, NDESC will independently consider the offer and conduct a conference call with the Vendor to determine if the Vendor is able to meet the necessary requirements for construction related products and services, according to Chapter 48-01.2 of the North Dakota Century Code, and to enter and execute a contract in the state of North Dakota. Once NDESC and the Vendor are able to confirm that business is able to be conducted in North Dakota, NDESC will make a final decision to complete the contract execution process. For all quotes provided to participating agencies, for construction related projects, products and services, the contracted vendor must also send a duplicate quote to CPC. The quote provided to CPC must include the contact information of the participating agency. D. Procedure for Contract Award, Notification and Processing Orders Once the award is recommended by the AEPA Review Committee, NDESC considers the recommendation based on the value of the potential contract for its qualified members. Member is defined in Section C. In the event of an award by the NDESC Board of Directors, NDESC will inform its members of the award and contract by the following methods along with contract instructions and ordering process. 1. The contract opportunity is listed and promoted on the NDESC website. 2. Announcing the award in NDESC newsletters. 3. NDESC will publish the contract and marketing information through a hard copy marketing flier and electronic email. Contracts are promoted through PDF and hard copy product catalog distributed at statewide trade shows and member meetings on a regular basis. NDESC will require a marketing flier, brochure, or other similar marketing pieces, in an editable, electronic format, from the Vendor promoting the available contract with approve any marketing materials. If a web site is used, the link will be made available from the NDESC web page. Any web page or link, or other marketing tools shall be dedicated to AEPA information only. 4. When the member identifies a desired product or service, the member and the Vendor may negotiate with each other to establish a description of items and/or services. The Vendor shall quote a price to the member, in writing, using AEPA established discounts and including the two percent (2%) administrative fee in the quoted price. The administrative fee shall be based upon the total cost of goods and/or service including installation costs. The administrative fee shall not be listed as a separate line item on the quote. When a member decides to purchase through the NDESC-AEPA contract, the member issues the purchase order directly to the vendor. The purchase order must include the total invoiced cost, based on the total cost of goods, service, and installation, including the two-percent (2%) administrative fee. 5. Notification will be made to the Vendor in the event the purchase order is not in compliance with the contract and adjustments will be made at that time. NDESC and the Vendor will mutually resolve any issues with regard to past purchases. The purchase orders are to continue to be processed and viewed as approved unless notified by NDESC otherwise. All sales and transactions may continue without delay or in anticipation of the NDESC purchase order verification. 6. Once all the items and services on the purchase order have been delivered to the member in a complete and satisfactory manner, the Vendor then files a copy of the final invoice, which is available to NDESC by request in AEPA IFB #018 Part C Member Agency Page 49 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions support of the quarterly sales summary. The invoice is to be marked ''Copy". 7. Vendor makes all deliveries and installations of products and services. NDESC does not warehouse items or provide services. 8. NDESC’s participating agencies purchasing construction related products and/or services may, as required by statute, or at their discretion, require the Vendor to post a performance bond. 9. This administrative fee is to be paid by the vendor to NDESC quarterly within 20 working days after the end of each fiscal quarter. The AEPA vendor shall also submit to NDESC a sales report, in Excel format, listing the following information: • Name of service cooperative region • Name of purchasing agency • Address of purchasing agency • Date of sale • Standard sale price • Sale price with AEPA discount • Administrative fee generated by sale • Savings generated by sale This report shall include all sales made and payments received by the vendor in said quarter. The sales report shall be e-mailed to Jane Eastes at jeastes@lcsc.org and copied to Lori Mittelstadt at lmittelstadt@lcsc.org. The administrative fee payment shall be delivered to Jane Eastes, NDESC, 1001 E. Mt. Faith, Fergus Falls, MN 56537. The check shall be made out to NDESC. 10. In the event of a lease, the total administrative fee for the value of goods shall be paid to NDESC by the Vendor at the front end of the lease. NDESC reserves the right to review all purchase orders and lease documents to insure contract compliance. 11. NDESC requires that all participating vendors offer the contract opportunity to all NDESC qualified members. Qualified membership is defined under section E (below). 12. NDESC has designated Lakes Country Service Cooperative (LCSC), 1001 E. Mt. Faith, Fergus Falls, MN as its purchasing agent. All vendors agree to work with LCSC on all purchasing issues related to NDESC. E. Members Purchasing Under the Agency The NDESC has been established pursuant to the provisions of Chapter 54-40.3 of the North Dakota Century Code, as amended. The purpose of NDESC is to assist in meeting those specific needs of the members which are determined to be better provided by a cooperative effort, including without limitation the joint purchasing of programs, goods, and services which are deemed to be priority needs of the members. NDESC currently has approximately 200 participating agencies. Qualified agencies of NDESC include all North Dakota public schools, private schools and higher education institutions and any other North Dakota political subdivisions eligible to enter into a joint powers agreement with NDESC. F. Governing Law The laws of the State of North Dakota govern the Contract. Each and every provision of law and clause required by law to be included in the Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. AEPA IFB #018 Part C Member Agency Page 50 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 18. OHIO COUNCIL OF EDUCATIONAL PURCHASING CONSORTIA (OCEPC) 2015 A. General Terms and Conditions that apply for all Categories: 1. Compliance with Laws/Forum Designation Contractor shall comply with Federal, State, and Local Laws, Codes and Regulations while fulfilling the contract. It is the Contractor’s responsibility to be aware of and comply with all state and local laws governing this procurement. Applicable laws, codes, and regulations (etc.) must be followed even if not specifically identified herein. Contractor shall verify to the Ohio Council of Educational Purchasing Consortia (OCEPC), its Member Agencies and other qualifying purchasers that the Contractor is complying with all Federal, State and Local Laws, Codes and Regulations while fulfilling the contract. Moreover, this contract shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to its principles of conflict of law. Legal proceedings arising under this contract shall be brought in an Ohio Court of Common Pleas of the County where the Member Agency’s main office is located. 2. Delinquent Tax Affidavit Contractor shall provide an affidavit relating to delinquent taxes as may be required by Ohio Revised Code Section 5719.042. 3. Secretary of State Registration Contractor shall meet and maintain all registration requirements as necessary to conduct business in the State of Ohio, including but not limited to registration with the Ohio Secretary of State. 4. Findings for Recovery Contractor warrants and represents that it is not subject to a finding for recovery under Ohio Revised Code Section 9.24, or that Contractor has taken the appropriate remedial steps required under Ohio Revised Code Section 9.24, or otherwise qualifies under Ohio Revised Code Section 9.24. 5. Ohio Workers Compensation Insurance Contractor, and any subcontractors hired by Contractor shall, at their own expense, maintain in force for the duration of the project workers’ compensation and employer’s liability insurance as required by the laws of the State of Ohio. 6. Project Personnel, Student Safety and Background Checks Member Agency shall have the right to reject the participation of any personnel of Contractor in the performance of the services if, in relation to the work assigned to them, the Member Agency deems such personnel to lack the skill, experience and expertise required to perform the services or if Member Agency considers their performance to be substandard or otherwise detrimental to the proper completion of the services. Contractor will advise Member Agency promptly of any change in the project manager or other key personnel assigned to the performance of the services. Contractor acknowledges that the safety of the Member Agency’s students, employees, officials and guests is of the utmost importance. Contractor will endeavor to ensure that its officers, employees, agents, representatives, and consultants will take no action that would jeopardize the safety of the Member Agency’s students, employees, officials, or guests. The Member Agency reserves the right to require Contractor’s officers, employees, agents, representatives and consultants to wear identification and stay in designated work areas at all times while on the Member Agency’s property. The Member Agency shall have the right to effect the immediate removal of any person associated in any way with Contractor from Member Agency property for failure to wear identification, for being outside a designated work area, for fraternizing with or engaging in any improper behavior directed toward or in the vicinity of students, employees, officials, or guests of the Member Agency or for any other good cause. Contractor shall perform or cause to be performed an Ohio Bureau of Criminal Investigation and Identification and Federal Bureau of Investigation criminal background check of any personnel that will be performing the services within the proximity of minors. Contractor shall notify the Member Agency of any proposed employee who has been convicted, pled guilty or pled “no contest” to a criminal offense, and the Member Agency reserves the right to reject the proposed employee with a criminal background. No person shall be employed by Contractor who has been found guilty of any of the criminal offenses enumerated in Ohio Revised Code Section 3319.39 without prior approval of the Member Agency. 7. Independent Contractor Contractor shall be an independent contractor and neither Contractor nor any of its subcontractors, nor the employees of any thereof, shall be deemed to be the servants, employees, or agents of Member Agency. Contractor shall be responsible for paying all costs related to its employees and managers performing the services. Contractor shall remain liable and responsible to Member Agency for all of its obligations under this contract, regardless of whether the services are performed by the Contractor or a subcontractor of any tier. AEPA IFB #018 Part C Member Agency Page 51 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 8. Ownership of Instruments of Service Drawings, data and other documents prepared by, or with the cooperation of, the Contractor pursuant to this contract shall become, upon payment of all undisputed compensation due the Contractor from the Member Agency, the property of the Member Agency. Such drawings, data or other documents may be used by the Member Agency or others employed by the Member Agency without compensation to the Contractor. 9. Audit Member Agency may audit and inspect Contractor’s records and accounts at any time during the Contractor’s performance of the services and for a period of two (2) years following the completion or termination of the services for the purpose of verifying any invoice and underlying documentation presented by Contractor, it being understood that Contractor agrees to preserve all such documents through such two- (2) year period. 10. Notices Unless otherwise expressly provided in this contract, all notices and other communications given under the contract shall be in writing and shall be deemed effective upon receipt by the addressee at its address as set forth in the contract or at such other address as such party shall have notified the other in writing. 11. Non-Appropriation If the Member Agency fails to appropriate sufficient monies in any fiscal year for payments due under the contract and other funds are not available for such payments, then a “Non-Appropriation” shall be deemed to have occurred. If a Non- Appropriation occurs, then Member Agency will give Contractor prompt notice of such Non-Appropriation. This contract shall thereupon terminate without penalty or expense to the Member Agency. 12. No Personal Liability It is understood and agreed that under no circumstances will the Member Agency’s board members, officers, employees, or agents be personally liable for any obligations or claims arising out of or related to the contract. 13. Miscellaneous Headings and titles of articles, paragraphs and other subparts of this contract are for convenience of reference only and shall not be considered in interpreting the text of this contract. This contract and any appendices constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto. No contract amendments can be made without the approval of the AEPA membership. B. Non-Construction Products and Services: 1. Bus Purchases - For the purchase of school buses, the successful Contractor shall provide bonds required by Ohio Revised Code Sections 153.54 and 153.571. C. Construction Products and Services: For construction improvements, the following shall apply: 1. The successful Contractor shall provide such bonds required by Ohio Revised Code Sections 153.54 and 153.571. 2. Progress payments and retainage shall be in accordance with the provisions of the Ohio Revised Code including Ohio Revised Code Sections 153.12 and 153.14. 3. In the event that the agreement is subject to the prevailing wage requirements of either Ohio Revised Code Chapter 4115 or the Davis-Bacon Act, then the contract between the Member Agency and the Contractor shall contain the applicable rates and such terms and provisions as may be required by law. 4. Contractor shall comply with all applicable licensing requirements, including those of the Ohio Construction Industry Licensing Board. D. Procedures for Processing Orders: The OCEPC will keep informed its Member Agencies and other qualified purchasers of contract information via web site and through other marketing strategies. A list of OCEPC Member Agencies along with addresses, phones, contacts, etc. will be made available to successful Contractors. After contracts are awarded, Contractors may contact the OCEPC Member Agencies and other qualifying purchasers concerning their products and services. Participating Member Agencies and other qualified purchasers will submit all purchase orders directly to the Contractor. AEPA IFB #018 Part C Member Agency Page 52 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions The Contractor price shall include a two percent (2%) administrative fee that the Contractor will collect from the Member Agency or other qualified purchaser. Administrative fees are to be remitted to the OCEPC on April 15, July 15, October 15 and January 15 of every calendar year with checks payable to the Southwestern Ohio Educational Purchasing Council, 303 Corporate Center Dr. Suite 208, Vandalia, OH 45377. The Contractor will compile a quarterly report showing all purchases made by the OCEPC Member Agencies and other qualified purchasers under this contract at the conclusion of each calendar quarter. These reports shall be attached to the administrative fee remittance. E. Agencies Allowed to Purchase under Member Agency: All member cooperatives of the OCEPC and their individual Member Agencies are eligible to participate and purchase from the awarded AEPA contracts. All Ohio K-12 school districts, including Boards of Developmental Disabilities, Educational Service Centers, and Instructional Technology Centers, are eligible to participate and purchase from the awarded AEPA contracts. In addition, all colleges and universities, state, cities, counties, townships and other governmental agencies are eligible to participate if the AEPA contracts satisfy their individual procurement requirements. AEPA IFB #018 Part C Member Agency Page 53 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 19. Oregon, Intermountain Educational Service District (IMESD) A. Additional Agency Terms and Conditions Intermountain Education Service District (“IMESD”) is an educational service district organized under the laws of the STATE OF OREGON. Pursuant to Oregon Law ORS 279A and IMESD is authorized to cooperate with other entities and in such regard is authorized to cooperate with them in the purchasing of goods and services pursuant to these contract documents. As other entities cooperate with IMESD to take advantage of the goods and services made available pursuant to these contract documents, the terms and conditions of any such sales shall be in accordance with the contract documents. Additionally Senate Bill 3184 enables Oregon's Education Service Districts to offer the services they provide to component school districts to other organizations. For the past 10 years, the InterMountain ESD (formerly Umatilla-Morrow ESD) has been a leader in expanding revenue available for schools and IMESD programs by providing these services outside of 19 local school districts. (Reference: ORS 334.185) Under Oregon public contracting rules, each individual public agency will have its own local rules it must adhere to, in addition to statewide public contracting laws. InterMountain Education Service District does not presume that its cooperative purchasing program will necessarily comply with every agency’s internal public contracting rules. We always advise potential customers to review the bid solicitation carefully and recommend review by their legal department and/or procurement personnel to assure that contracting laws are complied with. ADVERTISING AND MARKETING: Bidders must demonstrate they possess the necessary resources and have a proven track record to market, offer, obtain, deliver, install and provide the sales and technical support services to IMESD and its participating agencies within the state of Oregon in a timely and cost effective manner. APPLICABLE LAW AND VENUE: Any dispute arising out of any of the contract documents, or out of their performance, shall be decided by ligation in the Circuit Court of the State of Oregon in the county of Owner’s residence, the parties consenting to jurisdiction in said court and permanently waiving jurisdiction in any other court, state or federal. In the event of litigation the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs at trial and upon any appeal thereof. In the event that the successful bidder breaches a term of condition of a contract awarded, the IMESD may terminate the contract. In addition to the right to terminate due to the successful bidder’s breach, and all other rights and remedies contained in other provisions, the IMESD reserves all its rights and remedies at law and in equity available due to the breach. HAZARDOUS CHEMICALS: The Successful bidder shall supply current MSDS for all products as required below even if these sheets have been supplied in previous years. The agencies participating on IMESD agreement will need MSDS and labels for certain products defined as hazardous chemicals by the State of Oregon in accordance with ORS 654.025(2) and 656.726(3). The successful bidder has the responsibility to determine such products and to provide MSDS and labels for such products. The MSDS shall be received by the IMESD by or at the time of the initial shipment of such products. These requirements have been determined by the State of Oregon Workers Compensation Department, and published as Oregon Administrative Rules 437, Division 2 Hazard Communication. This document is available from Hazard Communication Coordinator, Accident Prevention Division, State of Oregon, Labor and Industries Building, 350 Winter St. NE, Salem, OR 97310, phone: (503) 378-3272 or (800) 922-2689 any local Accident Prevention Division Office. HOLD HARMLESS: Bidders shall indemnify, hold harmless, and defend the IMESD from any and all liabilities, settlements, losses, penalties, costs, expenses, attorney fees (including attorney fees on appeal) in collection with any action, suit or claim based upon or allegedly based upon, resulting from or allegedly resulting from the successful bidder’s negligence, omission, activities or services provided pursuant to a contract awarded to such bidder. LAW OF THE STATE OF OREGON: Any contract between the IMESD and a bidder shall be entered into within the State of Oregon, and the laws of said state, whether substantive or procedural, shall apply to the contract. In addition to any requirements listed, vendor shall comply with all, current, applicable state, federal and local laws, regulations and ordinances. If through mistake or otherwise any such provision is omitted then submission by either IMESD or the vendor-partner the contract shall be amended to make such inclusion or correction. IMESD Also reserves the right to amend the contract resulting from state law changes. Vendor- partners will be sent written notification of such changes. SEVERABILITY: The parties agree that if any term or provision of a resultant contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular term or provision held to be invalid. AEPA IFB #018 Part C Member Agency Page 54 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions TAXES: Taxes, whether State or Federal, shall not be included in bid prices. Our Employer Identification No: 93-6000924 indicated our tax exemption status as a political subdivision. Contractor must certify compliance with the Oregon tax laws in accordance with ORS 305.385 when applicable. C. Additional Agency Terms and Conditions – Construction Products and Services 1. Prevailing wage rates/Davis-Bacon. As set forth in the conditions below, if this is a public works project (as defined below) Oregon State prevailing wage rates will apply unless exempted. If federal funds are being used, Bidders must take into account the need to comply with the Davis-Bacon Act. If both the federal and state prevailing wages are required the Contractor is required by law to pay the greater of the applicable prevailing wage. Pursuant to ORS 279C.365 no bid will be considered unless the bid contains a statement by the Bidder as a part of its bid that the provision of ORS279C.840 will be complied with. (a) If contract is $50,000.00 or under and there are no federal funds involved the contract is exempted from prevailing wages pursuant to ORS 279C.810(2) (a). (b) If contract exceeds $50,000.00 and there are no federal funds involved, existing prevailing wage rate of the State of Oregon will apply. No worker may be paid by any Contractor or Subcontractor a wage less than the wage required by ORS 279C.840. Every subcontract shall include the requirements of this section. Prevailing wages, state and federal, can be seen at the websites referred to in Section 6(a), Additional Requirements of Oregon Law for Public Contracts, Public Works, and Improvements and Miscellaneous Provisions. (c) If contract exceeds $50,000.00 and/or federal funds are involved, unless otherwise exempted by law, Contractor shall comply with ORS 279C.800 to 279C.870 relating to the payment of prevailing wages; Contractor shall also comply with the federal Davis-Bacon Act to the extent applicable. No worker may be paid by any Contractor or Subcontractor a wage less than the wage required by ORS 279C840 and if the state and federal prevailing wage laws both apply, Contractor shall pay as wages the great of the applicable prevailing wage. Every Subcontractor shall include the requirements of this section. Additional Requirements of Oregon Law for Public Contracts, 2. Residence status of Bidder Each Bidder must identify in its bid whether the Bidder is a resident Bidder, as defined in ORS 279A.120. 3. Licensure If the contract involves asbestos or asbestos abatement, the contactor or subcontractor must be licensed under ORS 468A.720. 4. Bonding If this contract is a public improvement contract in excess of $100,000.00, at the time of the execution of the contract, the successful Bidder shall also deliver to the Owner good and sufficient bonds endorsed on forms supplied by Owner, in sums equal to the contract price, for the faithful performance of the contract, and for the payment of all claims for labor, materials, equipment, and rental equipment that may result from work performed pursuant to the contract documents. The successful Bidder shall not be allowed to execute the contract without the concurrent delivery to the Owner of the bonds required by this paragraph on the required forms. At owner’s sole discretion, Contractor shall be subject to disqualification and forfeiture of bid security for breach of this section. If Bidder is disqualified, Owner may award the contract to another Bidder. 5. Subcontractor Disclosure Unless exempted by ORS 279C.370(1)(c) for public improvement contracts, all Bidders shall within two hours of the date and time of the deadline when bids are due submit information about certain first-tier Subcontractor when the contract value for public improvements is greater than $100,000 (see ORS 279C.370). Specifically, when the contract amount of a first- tier Subcontractor furnishing labor or labor and materials would be greater than or equal to: (i) 5% of the project bid, or $15,000, or (ii ) $350,000 regardless of the percentage, Bidders must disclose the following information about that Subcontractor: (a) the Subcontractor’s name, and (b) the category of the work that the Subcontractor would be performing, and (c) the dollar amount of the subcontract If Contractor will not be using any Subcontractors that are subject to the above disclosure requirements, Contractor is required to indicate “NONE” on the reply form. THE OWNER MUST REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION BY THE STATED DEADLINE. FIRST TIER SUBCONTRACTOR DISCLOSURE FORM Project name: Bid #: AEPA IFB #018 Part C Member Agency Page 55 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions Bid Opening Date: Name of Bidding Contractor: Required Disclosure Deadline: Bids which are submitted by Bid Closing, but for which a required disclosure submittal has not been made by the specified Disclosure Deadline, are not responsive and shall not be considered for Contract award. See the certification above the signature line on the second page of this form regarding the Subcontractors that must be disclosed. The Owner will insert “NA” above if the contract value is not anticipated to exceed $100,000. Otherwise this form must be submitted either with the bid or within two (2) working hours after the advertised bid closing date and time; but no later than the DISCLOSURE DEADLINE stated above. This form may not be submitted by facsimile. It is the responsibility of Bidders to submit this disclosure form and any additional sheets, completely filled out and signed, by the specified disclosure deadline. List below the name of each Subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that the Subcontractor will be performing and the dollar value of the subcontract. Enter “None” if there are no Subcontractors that need to be disclosed. (Attach additional sheets if needed.) NAME OF CATEGORY OF DOLLAR VALUE SUBCONTRACTOR WORK Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award. CERTIFICATION It is certified that the above listed first-tier Subcontractor(s) are providing labor, or labor and material, with a dollar value equal to or greater than: (a) 5% of the total Contract Price, but at least $15,000 [if the dollar value is less than $15,000 do not list the Subcontractor above], or (b) $350,000 regardless of the percentage of the total Contract Price. Form submitted by (insert Bidder name): Contact name: Telephone number: Additional Requirements of Oregon Law for Public Contracts, Public Works, and Improvements; Miscellaneous Provisions “Owner” means the public entity executing the Contract of which these provisions are a part. “Public improvement” means projects for construction, reconstruction or major renovation on real property by or for a public agency. “Public Works” shall mean roads, highways, buildings, structures and improvement of all types, the construction, reconstruction, major renovation or painting of which is carried on or contracted for by any public agency to serve the public interest by does not include the reconstruction or renovation of privately owned property which is leased by a public agency. (1) In reference to ORS 279B.220 and 279C.505. Contractor shall: (a) Make payment promptly, as due, to all persons supplying to Contractor labor or material for the performance of the work provided for in the contract. (b) Pay all contributions or amounts due the Industrial Accident Fund from the Contractor or Subcontractor incurred in the performance of the contract. (c) Not permit any lien or claim to be filed or prosecuted against the Owner on account of any labor or material furnished. (d) If the contract is for a public improvement, demonstrate to Owner that Contractor has an employee drug testing program in place. (e) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. AEPA IFB #018 Part C Member Agency Page 56 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions (2) In reference to ORS 279C.515 regarding contracts for public improvements: (a) If the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a Subcontractor by any person in connection with the contract as such claim becomes due, the Owner may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Contractor by reason of such contract. If the contract is for a public improvement and if the Contractor or a first-tier Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the contract within thirty days after receipt of payment from the Owner or a Contractor, the Contractor or first-tier Subcontractor shall owe the person the amount due plus interest charges commencing at the end of the ten day period that payment is due under ORS 279C.580(4)and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the Contractor or first-tier Subcontractor on the amount due shall equal three times the discount rate on ninety-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is thirty days after the date when payment was received from the Owner or from the Contractor, but the rate of interest shall not exceed 30 percent. The amount of interest may not be waived. (b) If the contract is for a public improvement, or is related to a contract for a public improvement, and if the Contractor or a Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the contract, that person may file a complaint with the Construction Contractor’s Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. (c) The payment of a claim in the manner authorized in this section of this contract shall not relieve the Contractor or the Contractor’s surety from any obligation with respect to any unpaid claims. (3) Relating to ORS 279B.020 and ORS 279C.520. Contractor shall comply with ORS 279B.020 and ORS 279C.520 in their entirety (when applicable), and in this regard: (a) No person shall be employed for more than ten hours in any one day, or forty hours in any one week except in cases of necessity, emergency, or where the Owner absolutely requires it, and in such cases, the employee shall be paid at least time and half pay: (i) For all overtime in excess of eight hours a day or forty hours in any one week when the work week is five consecutive days, Monday through Friday; or (ii) For all overtime in excess of ten hours a day or forty hours in any one week when the work week is four consecutive days, Monday through Friday; and (iii) For all work performed on Saturday, Sunday, and on any legal holiday specified in ORS 279B.020 and 279C.540. (iv) Contractor shall comply with the notice and posting requirements of ORS 279B.020 and 279C.520(2). Contractor shall pay employees for overtime work performed under this Contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 USC 201, et seq.). (4) If the contract is for a public improvement, Contractor shall at its sole expense comply with any and all applicable statutes or ordinances, and all regulations of any agencies, whether federal, state, local or tribal, dealing with the prevention of environmental pollution and the preservation of natural resources including without limitation water that affect the performance of this contract. The following agencies, as well as others, may have pertinent regulations: Federal: Army Corps of Engineers, Federal Energy Regulatory Commission, Environmental Protection Agency, Dept. of Human and Health Services, Dept. of Interior including but not limited to the US Fish and Wildlife Service, Department of Labor, and Water Resources Council. State: Columbia River Gorge Commission, Department of Energy, Department of Environmental Quality, Department of Fish and Wildlife, Department of Human Resources, Soil and Water Conservation Commission, and Oregon Water Resources Department. Local: City and County wherein the project is to be undertaken. Tribal: Confederated Tribes of the Umatilla Indian Reservation. (5) In relation to ORS 279B.230 and 279C.530, Contractor shall comply in their entirety, and in this regard: (a) Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. AEPA IFB #018 Part C Member Agency Page 57 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions (b) All employers, including Contractor, that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required workers compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its Subcontractors complies with these requirements. (6) (a) If the contract is for public works and is over $50,000, Contractor, unless otherwise exempted by law, shall comply with ORS 279C.800 to 279C.870 relating to the payment of prevailing wages; Contractor shall also comply with the federal Davis- Bacon Act to the extent applicable. The prevailing rates of wage, state and federal, made available on the internet are hereby incorporated by reference; they may be seen at various sites including at www.boli.state.or.us/BOLI/WHD/PWR and www.access.gpo.gov/davisbacon/or.html. If the state and federal prevailing wage laws both apply, Contractor shall pay as wages the greater of the applicable prevailing wage. Contractor shall comply with all wage reporting and certification requirements of the prevailing wage laws and/or the Davis-Bacon Act, as applicable. (b) Before starting Work the Contractor shall file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by Oregon Laws 2005, Chapter 360, and OAR 839-025- 0015, unless otherwise exempt under those provisions. The Contractor shall also include in every subcontract a provision requiring the Subcontractor to have a public works bond filed with the Construction Contractors Board before starting Work, unless otherwise exempt, and shall verify that the Subcontractor has filed a public works bond (7) The following apply to contracts for public improvements: (a) Contractor shall comply with ORS 279C.580, dealing with Contractor’s relations with Subcontractors. Without limiting the generality of the foregoing, in this regard Contractor shall include a clause in each subcontract for property or services entered into by the Contractor and a first-tier Subcontractor, including a material supplier, for the purposes of performing the contract: (i) that obligates the Contractor to pay the first-tier Subcontractor for satisfactory performance under its subcontract within ten days out of such amounts as are paid to the Contractor by the Owner; and (ii) that obligates the Contractor, if payment is not made within thirty days after receipt of payment from the Owner, to pay to the first-tier Subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause required by the preceding paragraph. The interest penalty shall be for the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made, and shall be computed at the rate specified in ORS 279C.515(2). (b) Contractor shall include in each of its subcontracts, for the purpose of performance of work in relation to project, a provision requiring the first-tier Subcontractor to include a before clause and an interest penalty clause conforming to the foregoing standards in each of its contracts and to require each of its Subcontractors to include such clauses in their subcontracts with each lower-tier Subcontractor or supplier. (c) Nothing stated herein shall be construed to preclude the negotiations allowed pursuant to ORS 279C.580(5). (8) If any work supplied pursuant to the contract requires licensing with the Construction Contractors Board or the State Landscape Contractors Board, Contractor must be so licensed in order to submit a bid for the contract, and Contractor and all relevant Subcontractors must remain licensed during the period required for performance. Contractor certifies that all Subcontractors and workers will be properly licensed to perform the work required by this Contract before their commencement of work. (9) If this contract is for public improvements, then retainage in the amount of 5% of the amount due shall be withheld in accordance with Oregon laws, including ORS 279C.550 et seq. (10) If this contract is for a public improvement, and unless exempted by resolution of the Owner, Contractor shall comply with ORS 279C.380 and execute and deliver to Owner a good and sufficient performance bond and payment bond to be approved by Owner in a sum equal to the contract price. By way of supplement to, and equally binding as, all of the foregoing: (10.1) Contractor shall comply with all federal, state and local laws, codes, regulations and ordinances applicable to the Work and the Contract. Failure to comply with such requirements shall constitute a breach of Contract and shall be grounds for Contract termination. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with the following as applicable: I) Title VI and VII of Civil Rights Act of 1964, as amended; (ii) Section 503 and 504 of the Rehabilitation Act of 1973, as amended; (iii) the Health Insurance Portability and Accountability Act of 1996; (iv) the Americans with Disabilities Act of 1990, as amended; (v) ORS Chapter 659A; as amended (vi) all regulations and administrative rules established pursuant to the foregoing laws; and (vii) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Owner’s performance under the Contract is conditioned upon Contractor's compliance with the provisions of ORS 279C.505, 279C.510, 279C.515, 279C.520, and 279C.530, which are incorporated by reference herein. AEPA IFB #018 Part C Member Agency Page 58 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions (10.2) Contractor shall comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations; and (a) Contractor shall not discriminate against Disadvantaged, Minority, Women or Emerging Small Business enterprises, as those terms are defined in ORS 200.005, in the awarding of subcontracts (ORS 279A.110). (b) Contractor shall maintain, in current and valid form, all licenses and certificates required by law, regulation, or this Contract when performing the Work. (10.3) Unless contrary to federal law, Contractor shall certify that it shall not accept a bid from Subcontractors to perform Work as described in ORS 701.005 under this Contract unless such Subcontractors are registered with the Construction Contractors Board in accordance with ORS 701.035 to 701.055 at the time they submit their bids to the Contractor. (10.4) Unless contrary to federal law, Contractor shall certify that each landscape Contractor, as defined in ORS 671.520(2), performing Work under this Contract holds a valid landscape Contractor's license issued pursuant to ORS 671.560. (10.5) The following notice is applicable to Contractors who perform excavation Work. ATTENTION: Oregon law requires you to follow rules adopted by the Oregon Utility Notification Center. Those rules are set forth in OAR952-001-0010 through OAR 952-001-0090. You may obtain copies of the rules by calling the center at (503)232-1987. (11) Contractor must certify compliance with the Oregon tax laws in accordance with ORS 305.385 when applicable. (12) Upon receipt by Contractor of any notice or claim, pursuant to ORS 279C.600 et seq (concerning action against bonds) Contractor shall immediately notify Owner in writing. (13) Unless agreed to by Owner in writing, Contractor may not assign, transfer, dispose of, or delegate its duties under the contract. (14) Contractor shall be responsible for compliance with all local, state, tribal, and federal laws, applicable to any aspect of the work to be performed. It shall be Contractor’s responsibility to determine the applicability and requirements of any such laws and to abide by them. Contractor shall indemnify, defend, and hold harmless Owner for any default or breach of Contractor in this regard. (15) The submission of a bid for this contract is certification by Contractor that Contractor has not discriminated and will not discriminate in violation of ORS 279A.110 against any minority, women, or emerging small business enterprises in obtaining any required subcontracts. (16) If this contract is a public improvement contract for demolition, Contractor shall salvage or recycle constructions and demolition debris if feasible and cost-effective. (17) If this contract is a public improvement contract for lawn and landscape maintenance, Contractor shall compost or mulch yard waste material at an approved site, if feasible and cost-effective. (18) Any dispute arising out of any of the contract documents, or out of their performance, shall be decided by litigation in the Circuit Court of the State of Oregon in the county of Owner’s residence, the parties consenting to jurisdiction in said court and permanently waiving jurisdiction in any other court, state or federal. In the event of litigation the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs at trial and upon any appeal thereof. D. Procedures for Processing Orders Once the award is made to the vendor, IMESD will market these contracts by: 1) including the contract on the IMESD website, 2) announcing the award in flyers, and 3) attending vendor events throughout school year. A list of schools, contact names, addresses and phone number can be accessed through the Oregon Department of Education website. At this point the vendor contacts schools and schools may contact the vendor. When the school/agency identifies a product or services and agrees on price it issues to Vendor a purchase order for that item or service, referencing the AEPA Bid number. The purchase order must include an additional one percent (2%) administrative fee in the total to be forwarded by the vendor to IMESD after the sale. All participating vendors agree to and are subject to audit proceedings of IMESD member sales. AEPA IFB #018 Part C Member Agency Page 59 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions Upon receipt of the purchase order, the vendor provides the goods or service listed on the purchase order. It is important to remember the vendor makes delivery to the member unless other arrangements are made in cooperation with IMESD. When all items and services on the purchase order have been delivered to the member in a complete and satisfactory manner, vendor then invoices the member for the goods and service. This invoice includes the additional one percent (2%) administrative fee to the total amount invoiced of the goods or service provided by the vendor. This percent is based on the total sales of goods or services. The member then pays the vendor including the one percent (2%) administrative fee. IMESD then invoices the Vendor for the 2% administrative fee based on the sale of goods and services collected by the vendor. C. Agency Members Purchasing under the UMESD The InterMountain Education Service District (IMESD) participates in a national non-profit organization, the Association of Educational Purchasing Agencies (AEPA), which is a procurement vehicle. The mission of IMESD’s involvement with AEPA is to cooperatively serve Oregon state agencies members through a continuous effort to explore and solve present and future purchasing needs. AEPA goals include working to secure multi-state volume purchasing contracts with benefits that are measureable, cost-effective and continuously exceed our state member’s expectations. InterMountain Education Service District is the member agency representing Oregon in AEPA through an IMESD board approved Memorandum of Understanding between all participating states that are all political subdivisions related to K-12 education. All AEPA bids have been advertised by IMESD in Oregon. Pursuant to Oregon Law, ORS 279A, InterMountain Education Service District is authorized to offer these contracts to other government entities including school districts, state universities, community colleges, special districts, local and state government. There is no fee or annual dues to become an IMESD agency member to purchase. InterMountain Education Service District’s contract management efforts are funded by a nominal administrative fee paid by the vendor based on sales volume. AEPA IFB #018 Part C Member Agency Page 60 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 20. Pennsylvania, Central Susquehanna Intermediate Unit dba Keystone Purchasing Network A. Additional Member Agency General Terms and Conditions that apply to all categories KPN is a cooperative purchasing program operated by the Central Susquehanna Intermediate Unit under Pennsylvania’s inter-governmental cooperation laws and includes members in several east coast states that currently include Pennsylvania, Maryland, the District of Columbia, New York and Delaware, as well as members from other states. All such members of KPN shall be referred to in these state-specific terms and conditions as “Member.” Additionally, any bidder that is awarded a contract shall be referred to in these state-specific terms and conditions as “Vendor” or “Contractor.” Vendor agrees that, in the provision of supplies, and in the performance of the work and services required under the contract, Vendor shall abide by all Federal, Pennsylvania stat e, and local laws, regulations and ordinances that may apply, including, but not limited to, those listed below. Vendor shall also abide by the state and local laws, regulations and ordinances of other states and municipalities where a Member is located, i ncluding, without limitation, any states and municipalities where new Members are added as KPN Members throughout the term of the applicable contract. 1. Marketing and Advertising under this Agreement. Vendor will actively promote the resulting contract in Pennsylvania, Maryland, Delaware and New York States. Vendor will comply with the AEPA Marketing program along with the requirements listed below. a. Vendor will include the approved KPN logo, web address, contract number and toll free number in all print, electronic mail and other advertising and promotion intended for release to PA, MD, DE and NY excluding national marketing releases. b. The KPN logo and associated KPN information shall be of a clearly readable size and in appropriate proportion to other elements in the printed material. c. Vendor agrees to provide KPN with a copy or proof sheet of the advertisement or promotion material. Vendor will provide KPN with date of release and name of publication, journal, etc. d. Vendor shall place a supplied KPN vendor sign on booths, tables, etc. of any or all exhibits for which Vendor displays/participates at tradeshows, conventions and the like. Vendor will supply in advance scheduled exhibit dates. Vendor agrees to make available at the exhibit KPN supplied brochures or other promotion materials. e. Vendor agrees to insert the approved KPN logo, web address, contract number and toll free number on Vendor’s website promoting the KPN contract or a specific KPN landing page and providing a link to the KPN website. f. Vendor will supply product catalog information, product description, pricing, etc., in a spreadsheet format as specified by KPN for inclusion on the KPN website. g. Vendor agrees to cooperate in developing approp riate website content to promote its products, services and their advantages to KPN Members. h. Requested materials will be submitted to KPN within thirty (30) days. 2. Pricing and Ordering. Vendor will provide all pricing information in an electronic format and/or setup an electronic ordering system that would show the current contract prices along with the KPN administrative fee of two percent (2%) or as adjusted by KPN. In the case of electronic ordering, KPN must have administrative reporting capabilities with an online ordering system. The KPN administrative fee will apply to all purchases, installation, total lease, total rental prices and all construction and installation and annual maintenance fees and will be included in the net price offered to the Member. 3. Criminal Background Reports and Child Abuse Clearances. Unless Member stipulates in writing otherwise, the background checks required pursuant to 24 P.S. § 1-111 and 23 Pa.C.S. § 6344, each as amended from time to time, shall be submitted to Member for review and approval prior to Contractor or any of Contractor’s employees commencing work under the Contract. Contractor shall be required to obtain Criminal History Reports (24 P.S. § 1- 111), Child Abuse Clearances (23 Pa.C.S. § 6344) and an Employment Background Review (24 P.S. §1 -111.1) for any individual Contractor intends to utilize in conjunction with the Contract. No Criminal History Report or Child Abuse Clearance submitted may be more than fifty-five (55) months old at the time of submission and will expire at the point it is sixty (60) months old. The Member shall follow the regulations promulgated by the State Board of Education concerning the confidentiality of the Criminal History Reports, Child Abuse Clearances and Employment Background Review. In compliance with 24 P.S. § 1-111, as amended, and 23 Pa.C.S. § 6344, Contractor shall be required to: a. Present the original Criminal History Reports, Child Abuse Clearances and Employment Background Reviews to Member’s administrative designee prior to the beginning of work under the contract for copying and AEPA IFB #018 Part C Member Agency Page 61 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions evaluation of the suitability of each such individual based upon the applicable statute, as amended. The Member shall retain a copy of the official background check information and shall note on that copy the date on which the original document was inspected and the name of the administrator who viewed the original. This copy shall be retained in Member’s records, with the original being returned to the Contractor. b. Follow the same procedure described above prior to performing any work under the contract if any new employees are added to the workforce during the course of the work. c. Cover all costs for the Criminal History Reports, Child Abuse Clearances and Employment Background Review. Upon review of the Criminal History Reports, Child Abuse Clearance or Employment Background Review for any particular individual, Member may determine that utilizing the individual pursuant to the contract is inappropriate. At that point, Member shall notify Contractor in writing and Contractor shall then assign a different, cleared individual without delay to the role that otherwise would have been filled by the excluded individual. Simi larly, Contractor shall also assign a different, cleared individual without delay if a previously cleared individual fails to submit new Criminal History Reports or Child Abuse Clearances prior to the expiration of the old report(s). A. ADDITIONAL GENERAL TERMS AND CONDITIONS FOR CONSTRUCTION PRODUCTS AND SERVICES The following items refer to all projects involving construction or construction related services: Vendor agrees that, in performance of the work and services required under the contract, Vendor shall abide by all Federal, Pennsylvania state, and local laws, regulations and ordinances that may apply, including, but not limited to, those listed below. Vendor shall also abide by the state and local laws, regulations and ordinances of other states an d municipalities where a Member is located. It is the responsibility of the Vendor to determine applicability and requirements of any such laws and to abide by them. Additionally, Vendor has the sole responsibility for compliance with all other matters in conjunction with the services to be performed under the contract and in the Invitation for Bid. 1. Performance and Labor and Material Payment Bonds. The Contractor shall provide a performance bond and a labor and material payment bond, each in the amount of one hundred percent (100%) of the contract price, before the award of the contract. (§§ 756 and 757 of the Public School Code of 1949, as amended, and the Public Works Contractors Bond Law of 1967) 2. Discrimination Prohibited. According to 62 Pa.C.S.A. § 3701, the Contractor agrees that: a. In the hiring of employees for the performance of work under the contract or any subcontract, no Contractor, Subcontractor or any person acting on behalf of the Contractor or Subcontractor sha ll by reason of gender, race, creed or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates. b. No Contractor or Subcontractor or any person on their behalf shall in any manner discriminate against or intimidate any employee hired for the performance of work under the contract on account of gender, race, creed or color. c. The contract may be canceled or terminated by the government agency and all money due or to become due under the contract may be forfeited for a violation of the terms or conditions of that portion of the contract. 3. Human Relations Act. The provisions of the Pennsylvania Human Relations Act, Act 222 of October 27, 1955 (P. L. 744) (as amended June 24, 1997, 43 P.S. § 951, et. seq.) of the Commonwealth of Pennsylvania prohibit discrimination because of race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap or disability, use of guide or support animals because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals by employers, employment agencies, labor organizations, Contractors and others. The Contractor shall agree to comply with the provision s of this Act as amended that are made part of this specification. Your attention is directed to the language of the Commonwealth’s non -discrimination clause in 16 Pa. Code § 49.101. 4. Competent Workmen. For school district projects where the total estimated cost is twenty-five thousand dollars ($25,000.00) or less, § 7-752 of the Public School Code of 1949 requires that no person shall be employed to do work under such contract except competent and first class workmen and mechanics. No workmen shall be reg arded as competent first class, within the meaning of this act, except those who are duly skilled in their respective branches of labor, and who shall be paid not less than such rates of wages and for such hours’ work as shall be the established and current rates of wages paid for such hours by employers of organized labor in doing of similar work in the district where work is being done. 5. Pennsylvania Prevailing Wage Rates. Projects where the total estimated cost is greater than twenty-five thousand dollars ($25,000.00), paid for in whole or in part out of funds of a public body, except for maintenance work or work performed under a rehabilitation program or manpower training program must specify “Prevailing Wages.” Further information on implementation of the act, definition of maintenance work and prevailing wage rates may be requested AEPA IFB #018 Part C Member Agency Page 62 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions from the Pennsylvania Department of Labor and Industry (800-932-0665 or 717-787-4763). When applicable, use Davis-Bacon wage rates for federally assisted projects. This regulation and the general Pennsylvania prevailing minimum wage rates, (Act 442 of 1961, P.L. 987, amended), as determined by the Secretary of Labor and Industry, which shall be paid for each craft or classification of all workers needed to perform the contra ct during the anticipated term therefore in the locality in which public work is performed, are made part of this specification. a. The general prevailing minimum wage rates including contributions for employee benefits as shall have been determined by the Secretary of Labor and Industry (hereinafter “Secretary”), which must be paid to the workmen, employed in the performance of the Contract. b. The Contractor shall pay no less than the wage rates as determined in the decision of the Secretary and shall comply with the conditions of the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442), as amended August 9, 1963 (Act No. 342), and the Regulations issued pursuant thereto, to assure the full and proper payment of said rates. c. These Contract provisions shall apply to all work performed on the Contract by the Contractor and to all work performed on the contract by all Subcontractors. d. The Contractor shall insert in each of his subcontracts all of the stipulations contained in these required provisions. e. No workmen may be employed on the Work except in accordance with the classifications set forth in the decision of the Secretary. In the event that additional or different classifications are necessary the procedure set forth in the Regulations shall be followed. f. All workmen employed or working on the Work shall be paid unconditionally, regardless of whether any contractual relationship exists or the contractual relationship which may be alleged to exist between any Contractor, Subcontractor and workmen, not less than once a week without deductions or rebate, on any account, either directly or indirectly, except authorized deductions, the full amount due at the time of payment, computed at the rates applicable to the time worked in the appropriate classification. Nothing in this Contract, the Act or the Regulations shall prohibit the payment of more than the general prevailing minimum wage rates as determined by the Secretary to the workmen on the Work. g. The Contractor and each Subcontractor shall post for the entire period of construction the wage determination decisions of the Secretary, including the effective date of any changes thereof, in a prominent and easily accessible place or places at the site of the work and at such place or places used by them to pay workmen their wages. The posted notice of wage rates must contain the following information: i. Name of project. ii. Name of public body of which it is constructed. iii. The crafts and classifications of workmen listed in the Secretary’s general prevailing m inimum wage rate determination for the particular project. iv. The general prevailing minimum wage rates determined for each craft and classification and the effective date of any changes. v. A statement advising workmen that if they have been paid less than the general prevailing minimum wage rate for their job classification or that the Contractor and/or Subcontractor are not complying with the Act or the Regulations in any manner whatsoever, they may file a protest with the Secretary within three (3) months of the date of the occurrence, objecting to the payment to the Contractor to the extent of the amount or amounts due or to become due to them as wages for work performed on the Project. Any workmen paid less than the rate specified in the Contract shall have a civil right of action for the difference between the wage paid and wages stipulated in the Contract, which right of action must be exercised within six (6) months from the occurrence of the event creating such right. h. The Contractor and all Subcontractors, shall keep an accurate record showing the name, craft and/or classification, number of hours worked per day, and the actual hourly rate of wage paid (including employee benefits) to each workman employed by him in connection with the Work a nd such record must include any deductions from each workman. The record shall be preserved for two (2) years from the date of payment and shall open at all reasonable hours to the inspection of the Owner and to the Secretary or his duly authorized representative. i. Apprentices shall be limited to such numbers as shall be in accordance with a bona fide apprenticeship program registered with and approved by the Pennsylvania Apprenticeship and Training Council and only apprentices whose training and employment are in full compliance with the provisions of the Apprenticeship and Training Act approved July 14, 1961 (Act No. 304) and the Rules and Regulation issued pursuant thereto shall be employed on the Work. Any workmen using the tools of a craft that does not qualify as an apprentice within the provisions of this submission shall be paid the rate predetermined for journeyman in that particular craft and/or classification. AEPA IFB #018 Part C Member Agency Page 63 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions j. Wages shall be paid without any deductions except authorized deductions. Employers not party to a contract requiring contributions for employee benefits which the Secretary has determined to be included in the general prevailing minimum wage rate shall pay the monetary equivalent thereof directly to the workman. k. Payment of compensation to workmen for work performed on public work on a lump sum basis, or a piece work system, or a price certain for the completion of a certain amount of work, or the production of a certain result shall be deemed a violation of the Act and the Regulations, regard less of the average hourly earnings resulting there from. l. Each Contractor and each Subcontractor shall file a statement each week and a final statement at the conclusion of the Work on the Contract with Owner, under oath, and in form satisfactory to the Secretary, certifying that all workmen have been paid wages in strict conformity with the provisions of the Contract as prescribed by the Regulations, or if any wages remain unpaid, to the amount of wages due and owing to each workman respectively. m. The provision of the Act and the Regulations are incorporated by reference in the Contract. n. The current prevailing wage threshold for Pennsylvania is twenty-five thousand dollars ($25,000.00). However, the threshold may be increased during the term on the contract by legislated action. Vendor will then be required to adjust labor rate for job under the new threshold. 6. E-Verify. The Vendor and its subcontractors (as such term is defined in the act) are required to comply with the Public Works Employment Verification Act, Act No. 127, July 5, 2012 (formerly Senate Bill 637). All bidders shall submit with their Bid a Public Works Employment Verification Form (the "Verification Form") to CSIU - KPN in the form published by the Commonwealth of Pennsylvania, Department of General Services. Per the act, the Verification Form is to be obtained from the Secretary of the Pennsylvania Department of General Services. The Verification Form is presently available on the Department of General Services website. Per the act, the Verification Form shall include a certification that the information in the statement is true and correct and that the individual signing the statement understands that the submission of false or misleading information in connection with the verification s hall subject the individual and the public works contractor or subcontractor, as the case may be, to sanctions provided by law; and the verification form shall be signed by a representative of the public works contractor or subcontractor, as applicable, wh o has sufficient knowledge and authority to make the representations and certifications contained in the statement. Prior to award of a contract or purchase order by a Member to the Vendor for a particular project, the Vendor shall submit to the Member a Verification Form. Per the act, the Vendor’s subcontractors shall provide to the Member, and Vendor shall cause its subcontractors to provide to the Member, their Verification Forms prior to commencing work on the Member’s project. 7. Standard of Quality. The various materials and products specified in the specifications by name or description are given to establish a standard of quality and of cost for bid purposes. It is not the intent to limit the Bidder, the bid or t he evaluation of the bid to any one material or product specified but rather to describe the minimum standard. When proprietary names are used, they shall be followed by the words “or alternatives of the quality necessary to meet the specifications”. A bid containing an alternative, which does not meet the specifications, may be declared non-responsive. A bid containing an alternative may be accepted but, if an award is made to that Bidder, the Bidder will be required to replace any alternatives, which do not meet the specifications. 8. Provisions for the Use of Steel and Steel Products Made in the U.S. In accordance with Act 3 of the 1978 General Assembly of the Commonwealth of Pennsylvania, if any steel or steel products are to be used or supplied in the performance of the contract, unless such steel products are included in the applicable list of exempt products, only those produced in the United States as defined therein shall be used or supplied in the performance of the contract or any subcontracts thereunder in accordance with Act 161 of 1982, cast iron products shall also be included and produced in the United States. Act 141 of 1984 further defines “steel products” to include machinery and equipment. The act also provides clarifications and penalties. 9. Prohibition on Cash Allowance. Cash allowances are prohibited. 10. Time(s) of Completion of the Project. Vendor shall complete all work within one hundred eighty (180) days after entry into a contract with the individual Member. Member and Vendor may agree in writing on a lesser number of workdays depending on the scope of the project. 11. Owner’s Compliance in Retaining Payments. Unless a Member stipulates otherwise, Payment Retentions and Progress Payments shall be as follows: Ten percent (10%) of all contract payments shall be retained by the Member as assurance of proper performance of the Contractor. Contractor agrees to identify the amount of the invoices sent to the Member, then send copies of the invoices to KPN. When fifty percent (50%) of the work is completed, as determined by the Member, one-half (1/2) of the amount retained shall be paid to the Contractor, if the Contractor requests release of retainage, provided that the Contractor is making satisfactory progress and there is no specific cause for greater withholding. After the work is fifty percent (50%) completed, no more than five percent (5%) of the amount of any subsequent progress payments shall be retained, unless the governing board of the Member determines that satisfactory progress is not being made, at which point ten percent retention shall be reinstated. If the Member and the AEPA IFB #018 Part C Member Agency Page 64 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions Contractor agree to a substitute security, the agreement must be in full compliance with Pennsylvania law (or such other applicable state law). If the substitute security is agreed to, the Con tractor must provide KPN and the Member with a signed and acknowledged waiver of any right or power of the obligor to set -off any claim against KPN, the Member, or the Contractor, in relationship to the security assigned. The Contractor, as authorized abov e, will pay any interest due a Subcontractor or material supplier. A Subcontractor to the Contractor may request, in writing, that the Subcontractor be notified by KPN within five (5) days of payment of each progress payment made to the Contractor. It is the responsibility of the Contractor to inform all suppliers and Subcontractors that this contract is a cooperative purchasing contract. Once all bonds are in place, the Contractor and the authorized agent of the Member will agree in writing upon a schedule of payments based on identifiable milestones. Retaining of payments must be done in accord with 62 Pa.C.S.A. § 3921. 12. Final Payment. A contract containing a provision for retainage as provided in § 3921 (relating to retainage) shall contain a provision requiring the architect or engineer to make final inspection within thirty (30) days of receipt of the request of the Contractor for final inspection and application for final payment. If the work is substantially completed, the architect or engineer shall issue a certificate of completion and a final certificate for payment, and the government agency shall make payment in full within forty-five (45) days except as provided in § 3921, less only one and one -half times the amount required to complete any then-remaining uncompleted minor items, which amount shall be certified by the architect or engineer and, upon receipt by the government agency of any guarantee bonds which may be required, in accordance with the contract, to insure proper workmanship for a designated period of time. The certificate given by the architect or engineer shall list in detail each uncompleted item and a reasonable cost of completion. Final payment of any amount withheld for the completion of the minor items shall be paid upon c ompletion of the items in the certificate of the engineer or architect. 13. Workers’ Compensation Act. The Contractor shall accept, insofar as the work covered by their contract is concerned, the provisions of the Workers’ Compensation Act 44 of 1993, and any supplements of amendments thereof, including any which may hereafter be passed, and shall insure the Contractor’s full liability there under for all parts of their contract being performed by the Contractor, the Contractor’s partners, associates, employees or those of any the Contractor may employ herein, or file with the Entity a certificate of exemption from insurance from the Bureau of Workers’ Compensation of the Department of Labor and Industry. 14. The Contractor shall, at all times, indemnify and save ha rmless the school entities of and from all claims for Workers’ Compensation which may be made by any of the employees of the Contractor or by any of the employees to whom the Contractor may have let the performance of any part of the work embraced by their contract and the Contractor shall appear for and defend the school entities against any and all such claims. The Contractor shall be covered by Employers’ Liability Insurance with a minimum limit of two hundred fifty thousand dollars ($250,000.00) for each employee, a two million dollar ($2,000,000.00) policy limit and two hundred fifty thousand dollars ($250,000.00) for each accident. 15. Antibid-rigging Act (Non Collusion). In accordance with the Commonwealth of Pennsylvania’s Antibid-Rigging Act, 62 Pa. C.S.A.§ 4501 et seq., the Contractor shall execute and submit with the bid a Non-Collusion Affidavit required by KPN. If Contractor is a joint venture, each party to the joint venture must be identified in the bid documents, and an Affidavit must be submitted separately on behalf of each party. 16. Prevention of Environmental Pollution. Section 3301 of the Pennsylvania Commonwealth Procurement Code requires that all invitations for Bids and requests for proposals for construction projects issued by any governmen tal agencies shall set forth any provision of Federal and State statutes, rules, and regulations dealing with prevention of environmental pollution and the preservation of public natural resources that affect the Project. A notice of said provisions prepared by the Pennsylvania Department of Environmental Resources (“Notice”) under Act 247 of 1972, 52 P.S. § 1612 (repealed) is available from Jeffrey L. Kimball, Cooperative Purchasing Services Director at the Keystone Purchasing Network, mailing address: 90 Lawton Lane, Milton, Pennsylvania 17847; phone: 570-523-1155, ext.2130; and e-mail: jkimball@csiu.org. Said Notice is hereby incorporated by reference. Contractor is hereby notified and agrees to comply with the terms of all statutes, rules and regulations enumerated in the Notice. 17. Architectural Services. For those Members who are Pennsylvania public school districts, and whose projects require architectural or engineering services, your attention is directed to § 7-751.1 of the Pennsylvania Public School Code (24 P.S. § 7-751.1), which requires a public school district to engage an architect/engineer that is independent from the Vendor’s architect/engineer. 18. Multiple Prime Contractors. For those Members who are Pennsylvania public school districts, your attention is directed to § 7-751 of the Pennsylvania Public School Code (24 P.S. § 7-751), which requires a public school district to use separate prime contractors for plumbing, heating and ventilating, and electr ical work. To the extent a school district’s project extends beyond general construction services, the school district will need to separately bid plumbing, heating and ventilating, and electrical work, and should consult with its individual solicitor for compliance with § 7- 751. For other Members who are subject to multiple prime requirements under applicable bidding laws, such Members should consult with their individual solicitors for compliance with said requirements. AEPA IFB #018 Part C Member Agency Page 65 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions B. PROCEDURE FOR PROCESSING ORDERS Once the award is made to the Vendor, KPN will inform its Members of the contract by: (1) including the contract in the agency database that is available on the KPN website, (2) announcing the award in its periodic newsletter, and (3) publishing the contract information in a catalog disseminated to all Members. A list of Members, institution names, contact names, addresses and phone numbers will be made available to the Vendor in an electronic format. At this point the Vendor contacts the Members and Memb ers may contact the Vendor. When the Member identifies a product or service it issues a purchase order for that item to the Vendor. The Vendor’s price to the Member will include the following administrative fees: currently two percent (2%) on all suppli es, equipment and construction, rental or lease, annual subscription fee, etc.; and other administrative fees as approved by KPN, which will be collected by Vendor from the Member. KPN reserves the right to adjust the administrative fee at any time during the duration of the contract and any renewal period or to modify the administrative fee based on volume of purchase. If the administrative fee is reduced due to the size of the project the Vendor will show the adjustment on the quote. The Vendor will comp ile a quarterly report showing all purchases made by KPN Members under this contract. The Vendor will also produce an annual report for all purchases made under the contract for a period beginning with the award of the contract through December 31 and all consecutive twelve (12) month periods if the contract is extended. The Vendor will make all administrative fee payments to KPN by the fifteenth (15 th) of the succeeding month of each three (3) month period (quarterly) after they have received payment from the Member. All checks are to be made payable to the Central Susquehanna Intermediate Unit (CSIU) and sent to Keystone Purchasing Network, 90 Lawton Lane, Milton, Pennsylvania 17847, and Attention: Jeff Kimball. All reporting of purchases will be broken down by entity as well as by state, and will show purchaser, total dollar and date of purchase. These reporting requirements may change during the contract period. C. AGENCIES ALLOWED TO BECOME MEMBERS OF KPN KPN is a cooperative purchasing program operated by the Central Susquehanna Intermediate Unit under Chapter 19, Intergovernmental Relations, of the Pennsylvania Commonwealth Procurement Code, 62 Pa.C.S. §§ 1901 et. seq., as the same may be amended from time to time (the “Procurement Code”). Pursuant to the Procurement Code, Pennsylvania public school districts are eligible to become Members of KPN. Other organizations, whether such organizations are located inside or outside of the Commonwealth of Pennsylvania, may be eligible to become Members of KPN. Other organizations located inside and outside of the Commonwealth of Pennsylvania that may be eligible to become Members include: state purchasing agencies, political subdivisions, public authorities, tax-exempt, nonprofit educational or public health institutions and organizations, nonprofit fire companies, nonprofit rescue companies, nonprofit ambulance companies, and to the extent provided by law, any other entity, including a council of governments or an area government, which expends public funds for the procurement of supplies, services and construction. Any eligible organization desiring to become a Member of KPN must complete a Membership Application Form, and, per the KPN Terms of Membership Agreement incorporated therein, certify that they are an eligible organization. Each organization must determine for itself whether it is an eligible organization as defined by the Procurement Code and by the Member’s home state. The CSIU relies on these certifications and by entering into the Membersh ip Agreement, the Member does attest and affirm that it is an eligible organization under the Procurement Code and the applicable laws and regulations in the Member’s home state. Membership by eligible organizations from other states is permitted only if such membership is permissible under various intergovernmental cooperative purchasing laws and regulations from Pennsylvania and the Member’s home state. No Member is obligated to use a contract, but Members find the benefits of low price and not needing t o go through a separate bidding process very advantageous. Only those Members listed on an approved KPN membership list are eligible to purchase under a contract. This list may change during the contract period and currently includes Members from Pennsylvania, Maryland, New Jersey, New York, Delaware, the District of Columbia and other Northeast and Mid - Atlantic states. Vendors may choose to offer the contract in other non-AEPA Member states where cooperative purchasing laws allow. As Members from other states are added to the membership of KPN, the Vendor agrees to abide by all state and local laws, regulations and ordinances that may apply to any purchase of products, services or construction by these Members in their home state. KPN reserves the right to market any AEPA contract under any cooperative program name that it may choose in the future on a national basis in any non-AEPA Member state. AEPA IFB #018 Part C Member Agency Page 66 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 20. Texas, TexBuy, a Cooperative Purchasing Shared Services Cooperative Sponsored by the Region 16 Education Service Center A. Additional Agency Terms and Conditions (1) TexBuy funding: The total cost of the TexBuy program is funded through a two percent (2%) participation fee paid to TexBuy by the participating Contractors. This fee shall be included in all pricing to TexBuy and its participating agencies. The fee is based on actual Contractor sales. TexBuy does not charge any fees to participating government agencies. (2) Tax exempt status: All government agencies participating in TexBuy are exempt from payment of taxes under Texas Tax Code §151.309 for the purchase of tangible personal property. (3) Minority and Women Business Enterprise (MWBE) participation: It is the policy of some TexBuy participants to involve MWBE Contractors in the purchase of goods and services. Contractors shall indicate on the proposal form whether or not they are an MWBE. (4) Bid awards shall not consider whether a vendor is a member of or has another relationship with any organization and bid specifications (and subsequent contracts) shall not deny or diminish the right of a person to work because of the person’s membership or other relationship status with respect to any organization in accordance with Texas Education Code §44.043. (5) Felony Conviction Notice (TexBuy Contractors will be required to sign a standard affidavit required by the State of Texas): Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.” This notice is not required of a publicly held corporation. (6) Criminal History Background Checks in accordance with Texas Education Code §22.0834 shall be required should any employee or agent of a contractor awarded a bid have “continuing duties related to the contracted services” with a school district and that employee or agent will have “direct contact with students” (as those terms are defined in 19 Texas Administrative Code §153.1101). B. Additional Agency Terms and Conditions for Non-Construction Products and Services (1) State of Texas Franchise Tax: By signature hereon, the bidder certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Texas Tax Code. (2) Agricultural products, including textiles and other similar products, are not to be made available to Texas school districts through the agreement, unless such products produced, processed, or grown in the state of Texas are given a preference in accordance with Texas Education Code §44.042. C. Additional Agency Terms and Conditions for Construction Products and Services as required by law in the State of Texas: (1) Certification of Residency (TexBuy Contractors will be required to sign a standard affidavit required by the State of Texas): The State of Texas has a law concerning non-resident Contractors. This law can be found in Texas Government Code under Chapter 2252, Subchapter. A. This law makes it necessary for TexBuy to determine the residency of its Contractors. In part, this law reads as follows: (a.) Section: 2252.001 ”Non-resident bidder” refers to a person who is not a resident. “Resident bidder” refers to a person whose principal place of business is in this state, including a Contractor whose ultimate parent company or majority owner has its principal place of business in this state.” (b.) Section: 2252.002 ”A governmental entity may not award a governmental contract to a non resident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.” (2) Security (a.) Bid Security, when required by Texas Law, shall be furnished with the bid. The Bid Security shall consist of a certified check, cashier’s check or a bid bond in the amount of ten percent (10%) of the total bid (or as otherwise stated in the RFB) that shall be a guarantee to furnish Performance and Payment Bonds. Bid Security shall be to TexBuy. (b.) The Successful Bidder’s Security will be retained until the Contract is signed and the required Performance and Payment Bonds have been furnished. If any bidder refuses to enter into a contract AEPA IFB #018 Part C Member Agency Page 67 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions within 30 days or fails to furnish the required bonds, TexBuy will retain the Bid Security as liquidated damages, but not as a penalty. (c.) Performance Bonds when required by Texas Law, shall be furnished by the successful bidder in an amount equal to one hundred percent (100%) of the total amount of the contract sum, underwritten by such Surety Company as the Participating Agency may approve, conditioned upon the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall be solely for the protection of the Participating Agency. (d.) Payment Bonds when required by Texas Law shall be furnished by the successful bidder, in the amount of the contract, solely for the protection of all claimants supplying labor and material as hereinafter defined, in the prosecution of the work provided in said contract, for the use of each claimant. (e.) Prevailing Wage must be paid to any contractors or subcontractors or their employees or agents in performing any work under the awarded bid. (f.) Criminal History Background Checks in accordance with Texas Education Code §22.0834 shall be required should any employee or agent of a contractor awarded a bid have “continuing duties related to the contracted services” with a school district and that employee or agent will have “direct contact with students” (as those terms are defined in 19 Texas Administrative Code 153.1101). (3) Insurance: The Contractor shall file with the Participating Agency’s designee, Insurance Certificates, as described herein, evidencing the coverage required, and shall be supplied within ten (10) calendar days after receipt of the written “Notice of Award”. In no instance shall the Contractor begin work prior to the filing of the insurance requirements. Failure to do so shall be grounds to void the contract. The Participating Agency’s designee shall be given ten (10) days notice prior to the cancellation or change of any of the required insurance coverage. The Participating Agency shall be named as Certificate Holder. (a.) Contractor’s Liability Insurance: Produce and maintain in force the following kinds of insurance of companies acceptable to the Owner. Minimum Limits of Liability are stated. Contractor’s Liability Insurance: (4) Employer’s Insurance Workers’ Compensation—Statutory Employer’s Liability: Bodily Injury by Accident Each Occurrence—$100,000.00 Bodily Injury by Disease Each Employee—$100,000.00 Policy Limit—$500,000.00 Commercial General Liability -Combined Limits of Bodily and Personal Injury and Property Damage: Single Limit—$500,000.00 Unimpaired Aggregate—$500,000.00 Comprehensive Automobile Liability - Including non-ownership, hired and owned vehicle coverage: Bodily Damage Each Person—$250,000.00 Each Occurrence—$500,000.00 Property Damage Each Occurrence—$250,000.00 (b.) Owner’s Insurance: Carry and pay for Owner’s Protective Liability Insurance in the same amounts as specified above for the Contractor’s General Liability. Name the Architect, Engineers, and Consultants as additional insured if applicable. (c.) Comprehensive Catastrophic Liability: excess over the above liability policies in the amount of $2,000,000.00 each occurrence. (Combined Limit) D. Procedure for Processing Orders (1) Purchase orders are issued by participating agencies to the Contractor. The purchase orders are sent to TexBuy where they are reviewed and edited by TexBuy and forwarded to the Contractor within one working day. (2) “Automated contracts” may be negotiated with TexBuy that provide for purchase orders to be sent directly to the Contractor with reports of usage submitted periodically to TexBuy. (3) Contractors deliver goods/services directly to the participating agency and then invoice the participating agency. The Contractor receives payment directly from the participating agency. (4) TexBuy will invoice the Contractor on a monthly basis for the 2% participation fee. The invoice will be based on total sales made through the TexBuy contract with the Contractor. The Contractor shall remit payment to TexBuy at net thirty-day (30) terms. E. Members Purchasing Under the Agency TexBuy is operated by Region 16 Education Service Center, Amarillo, Texas and is available for use by all public and private schools, colleges, universities, cities, counties and other government agencies in the State of Texas. AEPA IFB #018 Part C Member Agency Page 68 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 21. Virginia, Fairfax County Public Schools A. Additional Agency Terms and Conditions that apply to all categories AUTHORITY-The Purchasing Agent has the sole responsibility and authority for negotiating, placing and when necessary modifying every solicitation, contract and purchase order (except for capital construction projects) issued by the County of Fairfax. In the discharge of these responsibilities, the Purchasing Agent may be assisted by assigned Buyers. Unless specifically delegated by the County Purchasing Agent, no other County officer or employee is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way obligate the government of the County of Fairfax for indebtedness. Any purchase ordered or contract made which is contrary to these provisions and authorities shall be of no effect and void and the County shall not be bound thereby. NOTE: Fairfax County does not discriminate against faith-based organizations, in accordance with the Code of Virginia, § 2.2- 4343.1, or against a Bidder or Bidder because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment in the performance of its procurement activity. GENERAL 1. DEFINITIONS- AGENCY: Any Department, Agency, Authority, Commission, Board or other unit in the Administrative Service of the County. BIDDER/BIDDER: Any individual, company, firm, corporation, partnership or other organization bidding on solicitations issued by the Purchasing Agent and offering to enter into contracts with the County. The term "Bidder" will be used throughout this document and shall be construed to mean "Bidder" where appropriate. CONTRACTOR: Any individual, company, firm, corporation, partnership or other organization to whom an award is made by the County. COUNTY: County of Fairfax. GOODS: All material, equipment, supplies, printing, and automated data processing/information technology hardware and software. PURCHASING AGENT: The Purchasing Agent employed by the Board of Supervisors of Fairfax County, Virginia. SERVICES: Any work performed by an independent Contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies. STATE: Commonwealth of Virginia. 2. FUNDING-A contract shall be deemed binding only to the extent of appropriations available to each Agency for the purchase of goods and services. 3. CONTRACT ALTERATIONS-No alterations in the terms of a contract shall be valid or binding upon the County unless made in writing and signed by the Purchasing Agent or his or her authorized agent. 4. SUBLETTING OF CONTRACT OR ASSIGNMENT OF CONTRACT FUNDS-It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet or otherwise dispose of his or her contractual duties to any other person, firm or corporation, without the previous written consent of the Purchasing Agent. If the Contractor desires to assign his or her right to payment of the contract, Contractor shall notify the Purchasing Agent immediately, in writing, of such assignment of right to payment. In no case shall such assignment of contract relieve the Contractor from his or her obligations or change the terms of the contract. 5. NEW GOODS, FRESH STOCK-All Contractors, unless otherwise specifically stated, shall provide new commodities, fresh stock, latest model, design or pack. 6. INSPECTION-ACCEPTANCE-For determining acceptance of supplies in accordance with the provisions of the prompt payment discount paragraph, inspection and acceptance shall be accomplished only after examination (including testing) of supplies and services to determine whether the supplies and services conform to the contract requirements. Acceptance shall occur only after receipt and inspection provided such inspection, as appropriate, is accomplished within a reasonable time. DELIVERY/SERVICE FAILURES-Failure of a Contractor to deliver goods or services within the time specified, or within reasonable time as interpreted by the Purchasing Agent, or failure to make replacements/corrections of rejected articles/serviceswhen so requested, immediately or as directed by the Purchasing Agent, shall constitute authority for the Purchasing Agent to purchase in the open market articles/services of comparable grade/quality to replace the services, articles rejected, and/or not delivered. On all such purchases, the Contractor shall reimburse the County, within a reasonable time specified by the Purchasing Agent, for any expense incurred in excess of contract prices. Such purchases shall be deducted from the contract quantities if applicable. Should public necessity demand it, the County reserves the right to use or consume articles delivered or services performed which are substandard in quality, subject to an adjustment in price to be determined by the Purchasing Agent. 7. GUARANTEES & WARRANTIES-All guarantees and warranties required shall be furnished by the Contractor and shall be delivered to the Purchasing Agent before final payment on the contract is made. Unless otherwise stated, manufacturer's standard warranty applies. 8. INSPECTIONS-Inspection and acceptance of materials or supplies will be made after delivery at destinations herein specified unless otherwise stated. If inspection is made after delivery at destination herein specified, the County will bear AEPA IFB #018 Part C Member Agency Page 69 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions the expense of inspection except for the value of samples used in case of rejection. Final inspection shall be conclusive except in regard to latent defects, fraud or such gross mistakes as to amount to fraud. Final inspection and acceptance or rejection of the materials or supplies will be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on the County for such materials or supplies as are not in accordance with the specifications. 9. POINT OF DESTINATION-All materials shipped to the County must be shipped F.O.B. DESTINATION unless otherwise stated in the contract or purchase order. The materials must be delivered to the "Ship to" address indicated on the purchase order. 10. ADDITIONAL CHARGES-Unless bought F.O.B. "shipping point" and Contractor prepays transportation, no delivery charges shall be added to invoices except when express delivery is authorized and substituted on orders for the method specified in the contract. In such cases, difference between freight or mail and express charges may be added to invoice. 11. TERMINATION OF CONTRACTS-Contracts will remain in force for full periods specified and/or until all articles ordered before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall have been met, unless: a. Terminated prior to expiration date by satisfactory deliveries of entire contract requirements, or upon termination by the County for Convenience or Cause. b. Extended upon written authorization of the Purchasing Agent and accepted by Contractor, to permit ordering of unordered balances or additional quantities at contract prices and in accordance with contract terms. 12. TERMINATION FOR CONVENIENCE-A contract may be terminated in whole or in part by the County in accordance with this clause whenever the County Purchasing Agent shall determine that such a termination is in the best interest of the County. Any such termination shall be effected by delivery to the Contractor at least five (5) working days prior to the termination date of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed for anticipated profit on unperformed services. 13. TERMINATION OF CONTRACT FOR CAUSE- a. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his or her obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the County shall thereupon have the right to terminate, specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, and reports prepared by the Contractor under the contract shall, at the option of the County, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. 14. Notwithstanding the above, the Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of contract by the Contractor for the purpose of set off until such time as the exact amount of damages due to the County from the Contractor is determined. 15. CHANGES-Should it become proper or necessary in the execution of this contract to make any change in design, or to make any alterations which will increase the expense, the Purchasing Agent shall determine an equitable adjustment. No payment shall be made to the Contractor for any extra material or services, or of any greater amount of money than stipulated to be paid in the contract, unless some changes in or additions to the contract requiring additional outlay by the Contractor shall first have been expressly authorized and ordered in writing by contract amendment or otherwise furnished by the Purchasing Agent. 16. GENERAL GUARANTY-Contractor agrees to: a. Save the County, its agents and employees harmless from liability of any nature or kind for the use of any copyrighted or uncopyrighted composition; secret process, patented or unpatented; invention; article or appliance furnished or used in the performance of a contract for which the Contractor is not the patentee, assignee, licensee or owner. b. Protect the County against latent defective material or workmanship and to repair or replace any damages or marring occasioned in transit or delivery. c. Furnish adequate protection against damage to all work and to repair damages of any kind to the building or equipment, to his or her own work or to the work of other Contractors, for which his or her workers are responsible. d. Pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and regulations of the County. e. Protect the County from loss or damage to County owned property while it is in the custody of the Contractor. 17. SERVICE CONTRACT GUARANTY-Contractor agrees to: a. Furnish services described in the solicitation and resultant contract at the times and places and in the manner and subject to conditions therein set forth provided that the County may reduce the said services at any time. b. Enter upon the performance of services with all due diligence and dispatch, assiduously press to its complete performance, and exercise therein the highest degree of skill and competence. c. All work and services rendered in strict conformance to all laws, statues, and ordinances and the applicable rules, AEPA IFB #018 Part C Member Agency Page 70 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions regulations, methods and procedures of all government boards, bureaus, offices and other agents. d. Allow services to be inspected or reviewed by an employee of the County at any reasonable time and place selected by the County. Fairfax County shall be under no obligation to compensate Contractor for any services not rendered in strict conformity with the contract. Stipulate that the presence of a County Inspector shall not lessen the obligation of the Contractor for performance in accordance with the contract requirements, or be deemed a defense on the part of the Contractor for infraction thereof. The Inspector is not authorized to revoke, alter, enlarge, relax, or release any of the requirements of the contract documents. Any omission or failure on the part of the Inspector to disapprove or reject any work or material shall not be construed to be an acceptance of any such defective work or material. Notification of an omission or failure will be documented by the Purchasing Agent. 18. INDEMNIFICATION-Contractor shall indemnify, keep and save harmless the County, its agents, officials, employees and volunteers against claims of injuries, death, damage to property, patent claims, suits, liabilities, judgments, cost and expenses which may otherwise accrue against the County in consequence of the granting of a contract or which may otherwise result therefrom, if it shall be determined that the act was caused through negligence or error, or omission of the Contractor or his or her employees, or that of the Subcontractor or his or her employees, if any; and the Contractor shall, at his or her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgment shall be rendered against the County in any such action, the Contractor shall, at his or her own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County as herein provided. 19. NON-DISCRIMINATION-During the performance of this contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. d. The Contractor will include the provisions of the foregoing paragraphs a, b, and c above in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each Subcontractor or vendor. e. Contractor and Subcontractor hereunder shall, throughout the term of this contract, comply with the Human Rights Ordinance, Chapter 11 of the Code of the County of Fairfax, Virginia, as reenacted or amended. 20. DRUG FREE WORKPLACE-During the performance of a contract, the Contractor agrees to (i) provide a drug-free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract of over $10,000, so that the provisions will be binding upon each Subcontractor or vendor. For the purposes of this section, "drug- free workplace" means a site for the performance of work done in conjunction with a specific contract awarded to a Contractor in accordance with this section, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 21. OFFICIALS NOT TO BENEFIT- a. Each Bidder or Bidder shall certify, upon signing a bid or proposal, that to the best of his or her knowledge no Fairfax County official or employee having official responsibility for the procurement transaction, or member of his or her immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid or proposal or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, or rescission of the contract made, or could affect payment pursuant to the terms of the contract. b. Whenever there is reason to believe that a financial benefit of the sort described in paragraph "a" has been or will be received in connection with a bid, proposal or contract, and that the Contractor has failed to disclose such benefit or has inadequately disclosed it, the County Executive, as a prerequisite to payment pursuant to the contract, or at any other time, may require the Contractor to furnish, under oath, answers to any interrogatories related to such possible AEPA IFB #018 Part C Member Agency Page 71 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions benefit. c. In the event the Bidder or Bidder has knowledge of benefits as outlined above, this information should be submitted with the bid or proposal. If the above does not apply at time of award of contract and becomes known after inception of a contract, the Bidder or Bidder shall address the disclosure of such facts to the Fairfax County Purchasing Agent, 12000 Government Center Parkway, Suite 427, Fairfax, Virginia 22035-0013. Relevant Invitation/Request for Proposal Number (see cover sheet) should be referenced in the disclosure. LICENSE REQUIREMENT-All firms doing business in Fairfax County, shall obtain a license as required by Chapter 4, Article 7, of The Code of the County of Fairfax, Virginia, as amended, entitled "Business, Professional and Occupational Licensing (BPOL) Tax." Questions concerning the BPOL Tax should be directed to the Department of Tax Administration, telephone (703) 222-8234 or visit: http://www.fairfaxcounty.gov/dta/business_tax.htm. The BPOL Tax number must be indicated in the space provided on the Cover Sheet, "Fairfax License Tax No." when appropriate. 22. REGISTERING OF CORPORATIONS-Any foreign corporation transacting business in Virginia shall secure a certificate of authority as required by Section 13.1-757 of the Code of Virginia, from the State Corporation Commission, Post Office Box 1197, Richmond, Virginia 23209. The Commission may be reached at (804) 371-9733. The consequences of failing to secure a certificate of authority are set forth in Virginia Code Section 13.1-758. 23. COVENANT AGAINST CONTINGENT FEES-The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For violation of this warranty, the County shall have the right to terminate or suspend this contract without liability to the County or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 24. OFFICE OF SMALL BUSINESS- a. It is the policy of the County of Fairfax as declared by the Fairfax County Board of Supervisors' adoption of a Small and Minority Business Enterprise Program, April 6, 1981, that Fairfax County and its employees undertake every effort to increase opportunity for utilization of small or minority businesses in all aspects of procurement to the maximum extent feasible. b. In connection with the performance of this contract, the Contractor agrees to use his or her best effort to carry out this policy and to insure that small and minority businesses shall have the maximum practicable opportunity to compete for subcontract work under this contract consistent with the efficient performance of this contract. c. As used in this contract the term “small business” means a corporation, partnership, or sole proprietorship, or other legal entity formed for the purpose of making a profit, which is independently owned and operated, has either fewer then 100 employees, or less than $1,000,000 in annual receipts. d. As used in this contract, the term "minority business" means a business enterprise that is at least 51 percent owned and controlled by a minority person or persons. Such persons include African Americans, Hispanic Americans, Asian Americans, American Indians, Eskimos and Aleuts; women regardless of race or ethnicity; and persons with a physical impairment that substantially limits one or more of the major life activities of such individuals, a record of such impairment, or who are regarded as having such an impairment. e. Contractors may rely on oral or written representations by Subcontractors regarding their status as small and/or minority business enterprises in lieu of independent investigation. f. Where Federal grants or monies are involved it is the policy of Fairfax County, through its agents and employees, to comply with the requirements set forth in the U.S. Office of Management and Budget Circular No. A-102, uniform administrative requirements for Grants and Cooperative Agreements with State and Local Governments, as they pertain to small and minority business utilization. PAYMENTS 25. TAX EXEMPTION-The County is exempt from the payment of any federal excise or any Virginia sales tax. The price bid must be net, exclusive of taxes. However, when under established trade practice any federal excise tax is included in the list price, a Bidder may quote the list price and shall show separately the amount of federal tax, either as a flat sum or as a percentage of the list price, which shall be deducted by the County. Fairfax County's Federal Excise Tax Exemption Number is 54-74-0127K. Contractors located outside the Commonwealth of Virginia are advised that when materials are picked up by the County at their place of business, they may charge and collect their own local/state sales tax. Materials used in the performance of construction contracts are subject to Virginia Sales/Use Tax as described in Section 630-10-27J of the Virginia Retail Sales and Use Tax Regulations. 26. PAYMENT-Payment shall be made after satisfactory performance of the contract, in accordance with all of the provisions thereof, and upon receipt of a properly completed invoice. Fairfax County reserves the right to withhold any or all payments or portions thereof for Contractor's failure to perform in accordance with the provision of the contract or any modifications thereto. AEPA IFB #018 Part C Member Agency Page 72 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 27. PARTIAL PAYMENTS-Unless otherwise specified, partial payments will be made upon acceptance of materials or services so invoiced if in accordance with completion date. However, up to 5 percent (5%) of the value of the entire order may be retained until completion of contract. 28. PAYMENT FOR EQUIPMENT, INSTALLATION, AND TESTING-When equipment requires installation (which shall also be interpreted to mean erection and/or setting up or placing in position, service, or use) and test, and where such installation or testing is delayed, payment may be made on the basis of 50% of the contract price when such equipment is delivered on the site. A further allowance of 25% may be made when the equipment is installed and ready for test. The balance shall be paid after the equipment is tested and found to be satisfactory. If the equipment must be tested, but installation is not required to be made by the Contractor or if the equipment must be installed but testing is not required, payment may be made on the basis of 75% at the time of delivery and the balance shall be paid after satisfactory test or installation is completed. REMEDIES 29. INELIGIBILITY- a. Any person or firm suspended or debarred from participation in County procurement shall be notified in writing by the County Purchasing Agent. 1. The Notice of Suspension shall state the reasons for the actions taken and such decision shall be final unless the person or firm appeals within thirty (30) days of receipt of the Notice by instituting legal action as provided in the Code of Virginia. 2. The Notice of Debarment shall state the reasons for the actions taken and the decision shall be final unless the person or firm appeals within thirty (30) days of receipt of the notice by instituting legal action as provided in the Code of Virginia. b. The County Purchasing Agent shall have the authority to suspend or debar a person or firm from bidding on any contract for the causes stated below: 1. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract; 2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a County Contractor; 3. Conviction under the state or federal antitrust statutes arising out of the submission of bids or proposals; 4. Violation of contract provisions, as set forth below, of a character which is regarded by the County Purchasing Agent to be so serious as to justify suspension or debarment action: (a) failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or (b) a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided, that failure to perform or unsatisfactory performance caused by acts beyond the control of the Contractor shall not be considered to be a basis for suspension or debarment; 5. Any other cause the County Purchasing Agent determines to be so serious and compelling as to affect responsibility as a Contractor, such as debarment by another governmental entity for any cause listed herein, or because of prior reprimands; 6. The Contractor has abandoned performance or been terminated for default on any other Fairfax County project; 7. The Contractor is in default on any surety bond or written guarantee on which Fairfax County is an obligee. c. If, upon appeal, it is determined that the action taken by the County Purchasing Agent was arbitrary or capricious, or not in accordance with the Constitution of Virginia, statutes or regulations, the sole relief available to the person or firm shall be restoration of eligibility. The person or firm may not institute legal action until all statutory requirements have been met. 30. CONTRACTUAL DISPUTES- a. Any dispute concerning a question of fact as a result of a contract with the County which is not disposed of by agreement shall be decided by the County Purchasing Agent, who shall reduce his decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty (30) days. The decision of the County Purchasing Agent shall be final and conclusive unless the Contractor appeals within six (6) months of the date of the final written decision by instituting legal action as provided in the Code of Virginia. A Contractor may not institute legal action, prior to receipt of the public body's decision on the claim, unless the public body fails to render such decision within the time specified. b. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty days after final payment; however, written notice of the Contractor's intention to file such claim shall have been given at the time AEPA IFB #018 Part C Member Agency Page 73 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment. 31. LEGAL ACTION-No Bidder, Bidder, potential Bidder or Bidder, or Contractor shall institute any legal action until all statutory requirements have been met. C – Member Purchasing 32. COOPERATIVE PURCHASING-The County may participate in, sponsor, conduct or administer a cooperative procurement agreement on behalf of or in conjunction with one or more other public bodies, or public agencies or institutions or localities of the several states, of the United States or its territories, or the District of Columbia, for the purpose of combining requirements to increase efficiency or reduce administrative expenses in any acquisition of goods and services. Except for contracts for architectural and engineering services, a public body may purchase from another public body’s contract even if it did not participate in the request for proposal (RFP) or invitation for bid (IFB), if the RFP or IFB specified that the procurement was being conducted on behalf of other public bodies. Nothing herein shall prohibit the assessment or payment by direct or indirect means of any administrative fee that will allow for participation in any such arrangement. As authorized by the United States Congress and consistent with applicable federal regulations, and provided the terms of the contract permit such purchases, any county, city, town, or school board may purchase goods and nonprofessional services from a U.S. General Services Administration contract or a contract awarded by any other agency of the U.S. government. Bidders are advised that the resultant contract(s) may be extended, with the authorization of the Bidder, to other public bodies, or public agencies or institutions of the United States to permit their use of the contract at the same prices and/or discounts and terms of the resulting contract. If any other public body decides to use the final contract, the Contractor(s) must deal directly with that public body concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing and payment. The County of Fairfax acts only as the "Contracting Agent" for these public bodies. It is the Contractors responsibility to notify the public body(s) of the availability of the contract(s). Other public bodies desiring to use this contract will need to make their own legal determinations as to whether the use of this contract is consistent with their laws, regulations, and other policies. Each public body has the option of executing a separate contract with the Contractor(s). Public bodies may add terms and conditions required by statute, ordinances, and regulations, to the extent that they do not conflict with the contracts terms and conditions. If, when preparing such a contract, the general terms and conditions of a public body are unacceptable to the Contractor, the Contractor may withdraw its extension of the award to that public body. AEPA IFB #018 Part C Member Agency Page 74 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 23. Washington, King County Directors’ Association (KCDA) (General Contracts and Construction/Public Works Projects) A. KCDA Additional General Terms and Conditions General Intent: KCDA may participate in all or any part of the goods and services listed in this IFB, upon completion of contracts currently in effect, whichever is deemed in the best interest of KCDA members. KCDA cannot be restricted by the successful bidder from choosing which parts of these contracts to use. Both the Contractor and KCDA member using this Contract agree that it is the member’s responsibility to perform due diligence as to the legality of their usage of this contract. In this regard, KCDA suggests that, at a minimum, Contractor and member considering such usage consult with their legal counsel before doing so. Advertising/Marketing: KCDA requires all vendors to develop a marketing program to include printed, web-based, e-mail, telemarketing and other methods approved by KCDA. All promotional marketing materials must have the prior approval of KCDA before distribution and must include the KCDA logo and other contract information. KCDA staff will work jointly with all vendors and their representatives to market the AEPA contracts to KCDA members and prospective members. Vendors may be requested to make joint presentations to KCDA or its members in either a one to one or a group setting. Some group presentations may be done in conjunction with other vendors. Displaying exhibits at various statewide conferences are encouraged. Contractor agrees to make available KCDA supplied brochures or other promotional materials at these events. Contractor will provide KCDA with scheduled exhibit dates in advance. Contractor agrees to insert the approved KCDA logo, web address and contact information on the Contractor’s website promoting and providing a link to the KCDA website. Contractor will also provide KCDA with text, links and logos to be posted on the KCDA website. Assignment: Contractor shall not subcontract, assign, transfer, convey, sublet or otherwise dispose of contractual duties to any other person, firm or corporation without the previous written consent of KCDA and any member that has an outstanding open purchase order or financing arrangement. In no case shall such assignment of Contract relieve the Contractor from obligations or change the terms of the Contract. Cancellation/Default/Termination: KCDA reserves the right to cancel the whole or any part of this contract due to the failure by the Contractor to carry out any obligation, term or condition of the contract. KCDA will issue written notice to the contractor for acting or failing to act in any of the following: • The Contractor fails to adequately perform the services set forth in the contract • The Contractor fails to make progress in the performance of the contract and/or gives KCDA reason to believe the Contractor will not or cannot perform to the requirements of the contract • The Contractor fails to observe any of the terms and conditions of the contract • The Contractor fails to pay any applicable administrative fees. • The Contractor fails to follow the established procedure for purchase orders, invoices and receipt of funds as stipulated by KCDA. If the contract is to be terminated KCDA shall do the following: Step 1 – Issue a warning Letter of Concern outlining the violations and length of time to correct the problem(s). Upon receipt of the letter, the Contractor shall have ten (10) business days to provide a satisfactory response to KCDA. Failure on the part of the Contractor to address adequately all issues of concern may result in contract cancellation. Step 2 – Issue a letter of intent to cancel the contract if the problems(s) are not resolved by the date specified. Step 3 – Issue a letter to terminate the contract. Compliance with Laws In addition to any requirements set forth herein, vendor shall comply with all applicable state, federal and local laws, rules, regulations and ordinances. AEPA IFB #018 Part C Member Agency Page 75 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions Contract Amendments: KCDA reserves the right to amend the contract resulting from state law changes or internal boilerplate changes due to state law changes. Contractors/Vendors will be sent written notification of the changes. Employees who have been Convicted of Crimes Against Children: The Contractor, or any subcontractors, shall not utilize any employee at a school site or allow any contact between school children and any employee when an employee has plead guilty to or been convicted of any felony crime involving the physical neglect of a child under Chapter 9A.42RCW, the physical injury or death of a child under Chapter 9A.32 or 9A.36RCW (except motor vehicle violations under Chapter 46.61 RCW), sexual exploitation of a child under Chapter 9S.444 RCW where a minor is the victim, promoting prostitution of a minor under Chapter 9A.88 RCW, the sale or purchase of a minor child under 9A.88 RCW, or violation of similar laws of another jurisdiction. Contractors/Vendors who have regularly scheduled unsupervised access to children, and/or who hire employees who will have regularly scheduled unsupervised access to children, shall perform a record check through the Washington State Patrol criminal identification system under RCW 43.43.830-43.43.834, 10.97.0303 and 10.97.050, and through the Federal Bureau of Investigation before hiring the employee. The record check shall include a fingerprint check using a complete Washington State criminal identification fingerprint card. The Contractor shall provide a copy of the record to the person applying for employment to the school location. If the Contractor or applicant has had a record check within the previous two years, the Contractor may waive the requirement. The Contractor shall determine whether the applicant or the Contractor shall pay costs associated with the record check. In addition, pursuant to RCW 9.96A.020 and 1993 Chapter Law 71, a person is disqualified from employment by school districts, and their Contractor from hiring employees who will have regularly scheduled unsupervised access to children because of a prior guilty plea or conviction of a felony crime specified under RCW 28A.400.322, or a violation of similar laws of another jurisdiction, even if the time elapsed since the guilty plea or conviction is ten years or more. Governing Law and Venue/Legal Litigation: All applicable local, state and federal laws and regulations will apply to any purchases of equipment, service or public works in any of the states KCDA currently services, as well as any other non-AEPA states where members may be added to KCDA membership throughout the term of these contracts. The laws of the State of Washington govern the Contract. Each and every provision of law and clause required by law to be included in the Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. Venue for any litigation arising out of or related to the Contract shall take place in the State of Washington. Hazardous Materials: If any hazardous chemicals/materials are supplied under a contract/purchase order arising out of this solicitation, a Safety Data Sheet (SDS) shall accompany the delivery of any hazardous chemicals/materials supplied by the vendor. All SDA sheets shall be sent to KCDA and the KCDA member. Any products not appropriately labeled will be refused and the vendor will be responsible for additional freight charges. Indemnification/Hold Harmless: The Contractor agrees to defend, indemnify and hold harmless KCDA and the member agency, and their respective officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits including attorney fees arising out of or resulting from the acts, errors or omissions in performance of this Agreement, except for injuries and damages caused by the sole negligence of KCDA or the member agency. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor, KCDA or the member agency and their respective officers, officials, employees, and volunteers, the Contractor’s liability , including the duty and cost to defend, hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purpose of this indemnification. Use of this contract certifies that the waiver of immunity specified by this provision was mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the Agreement. Independent Contractor: The Contractor shall not be held or deemed in any way to be the agent or employee of KCDA and /or a KCDA member. It is the intention of the parties that the Contractor shall be and is to be considered an independent Contractor. AEPA IFB #018 Part C Member Agency Page 76 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions Minority and Women Owned Businesses: KCDA encourages all minority and women owned businesses to participate in the bid process. Washington State law does not allow KCDA to provide any financial advantage for minority and women owned businesses who participate, however, KCDA believes that a diverse range of suppliers benefits all. Quality of Goods: Bidder shall bid and provide new (not used or refurbished) items only. Seller warrants all supplies, materials and equipment and services covered by a contract/purchase order with KCDA or with a KCDA member will: (a) conform to the specifications, drawings, written instructions, samples, or descriptions; (b) be of good quality and workmanship;(c) be free of defects in design, materials and workmanship; (d) be merchantable; (e) be fit for particular purposes applicable to the design, function or use of the supplies, materials and equipment. Taxes: The KCDA Members and Associate Members are to be taxed. Term of Contract: The term of the agreement shall commence on the date of the award and continue as stipulated in the General Terms and Conditions, unless terminated, canceled or extended. Use of Tobacco on School Districts/Public Agency Premises: RCW 28A.210.310 prohibits the use of tobacco in any form on school district property. Smoking or other use of tobacco will not be permitted at the job site. B. Procedure for Processing Orders Order Procedure After entering into an agreement with KCDA, KCDA will confirm the directions for placement of orders with the Contractor, and will post directions on the KCDA website for both Contractor and members. These directions will also be posted on each awarded Contractors/Vendors website. • Once the award is made to the Contractor, KCDA will inform members of the contract. • At this point the Contractor may directly contact members or the member may contact the Contractor. • A list of members, addresses and phone numbers is available to the Contractor upon request. • Before a Contractor may enter into business with a KCDA member, they need to verify membership through the KCDA website, which can be viewed under Membership. Invoicing/Reporting • KCDA will contact Contractors/Vendors about invoicing procedures. • KCDA is funded through a service fee paid to KCDA by the participating Contractors/Vendors. The service fee percentage is based upon the total sale of goods and services, including installation, if applicable. This fee shall be reflected in all price quotations under the KCDA agreement. The service fee will be 2%. Do not print the service fee as a separate line item on the quotation. • The Contractor will compile an electronic quarterly report listing each purchase made by participating members. Within 30 days after each quarterly period the report will be sent to the e- mail address of the KCDA Purchasing Manager, Judy Isaac jisaac@kcda.org and Director of Finance, Robert Payne rpayne@kcda.org • These reports shall be in Microsoft Excel format and shall have file names that identify the Contractor and the quarterly period being reported. They shall include the following fields and allow for sorting on any of the fields: Date of order, name of member, item purchased, quantity, unit price, extended price, member PO #, Contractor order number. • KCDA reserves the right to change the contact name of existing KCDA personnel administering the contract. If there are personnel changes, reports and payments will be sent to the new contact(s) specified. C. Agencies Allowed to Purchase under KCDA King County Director’s Association (KCDA) is a member owned purchasing cooperative representing 294 Washington State school districts. In addition, KCDA provides purchasing and procurement services for more than 1,200 public agencies and political subdivisions in Washington and other states, including but not limited to Alaska, Idaho, and Montana. KCDA also provides purchasing services for accredited private K-12 schools in Washington State. A listing of all KCDA members is available on the KCDA website, www.kcda.org. D. KCDA Additional Terms & Conditions for Construction Products and Services AEPA IFB #018 Part C Member Agency Page 77 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions Contractor agrees that, in performance of the services required under this agreement, Contractor shall abide by all federal, state, local and Washington law and regulations that may apply to construction and public works. It is the responsibility of the Contractor to determine applicability and requirements of any such laws and to abide by them. • Bid Bond: The bid must be accompanied by a bid bond using the KCDA form included in these contract provisions, issued by a surety licensed to do business in the State of Washington and made out to King Count Directors Association in an amount not less than 5% of the amount of the bid as identified in Part B, Section 4 of the solicitation. A Power of Attorney must accompany the bid bond and must appoint the surety’s true and lawful attorney-in-fact to make, execute, seal and deliver the bid guarantee bond. Failure to submit the required bid security with the Bid shall render the bid non- responsive and the bid shall be rejected. • Public Works: State of Washington statute requires workers be paid prevailing wages when employed on public works projects and on public building service maintenance contracts. (RCW 39.04.010, RCW 39.12.010 and 020) It is the contractor’s responsibility to be acquainted with and comply with State regulations regarding payment of prevailing wages on public works projects. Prevailing Wages are established by the Washington State Department of Labor and Industries and can be obtained on the web at http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp or by contacting Labor and Industries at 360-902-5335. KCDA serves all counties in Washington State. The County in which the project is located will be identified once a member initiates a request for the service, and the effective wage rate to be applied to a specific project is to be based on the date of this bid during the original contract term, and if contract extensions are granted, the prevailing wage rate in affect at the time of the latest extension. A copy of the applicable prevailing wage rates are also available for viewing at the office of KCDA. Upon request KCDA will mail a hard copy of the applicable prevailing wages. Application: The Public Works Act regulates wages paid to workers, laborers and mechanics performing public work. It does not apply to work that is clerical, executive administrative or professional in nature. It does not apply to work of a secretary, engineer or administrator, unless they are performing construction work, alteration work, repair work, etc. Prevailing wage application depends on the work that is performed, regardless of the worker’s job title. (RCW 39.12.020 and WAC 296-128-510 through 530). Definition: Public Works is all work, construction, alteration, repair or improvement that is executed at the cost of the state or any other local public agency. This includes, but is not limited to, demolition, remodeling, renovation, road construction, building construction, ferry construction and utilities construction. (RCW 39.04.010). Public Building Service Maintenance Contracts: Prevailing wages are also required on all public building service maintenance (janitorial) contracts. (RCW 39.12.020). Contractors bidding a Public works project exceeding $1,000,000.00 must declare who their HVAC, Plumbing and Electrical subcontractors will be and submit this information with bid documents in order for the bid to be responsive (RCW 39.30.060). Such projects also have special considerations pertaining to prefabricated materials (RCW 39.04.370) and use of apprentices (39.04.320). Reciprocity: In accordance with RCW 39.04.380 any bidding process for public works in which a bid is received from a nonresident contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that nonresident contractor. This does not apply to public works procured pursuant to RCW 39.04.155, 39.04.280 or other procurement exempt from competitive bidding. • Prevailing Wage: Definition: Prevailing Wage is the hourly wage, usual benefits and overtime, paid in the largest city in each county, to the majority of workers, laborers and mechanics. The rate is established by the Department of Labor and Industries for each trade and occupation employed in the performance of public work. If Federal funds are used, bidders must comply with provisions of Davis-Bacon Act. • Basic procedures: A Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid must be filed and approved for the contractor and all subcontractors. No payments can be made until all Contractors/Vendors have submitted an approved intent form. KCDA cannot release retainage until all Contractors/Vendors have an approved Affidavit of Wages Paid form certified by the Industrial Statistician. (RCW 39.12.030, 040, 042). Costs for filing shall be the responsibility of the Contractor. Once the work is successfully completed, KCDA will release 95% of the project cost and withhold 5% retainage for as dictated by law. The final 5% will be paid when the following is completed: acceptance of project completion to the satisfaction of the KCDA ordering member, followed by receipt of approved Affidavit of Wages Paid Forms, Releases from Washington State Department of Labor & Industries, Employment Security Department and the Department of Revenue. • Federally Funded Projects: In addition to the Federal Requirements of Section III General Terms and Conditions, Davis-Bacon prevailing wage requirements apply to public works construction contracts of $2000 or more when a project includes any federal funding of any amount. When there is a difference between applicable state and federal prevailing wages for a particular classification of labor, contractors and subcontractors are required to pay the higher of the two prevailing wages. Applicable federal prevailing wage determinations can be found at http://www.wdol.gov/. Contractors/Subcontractors must be knowledgeable and adhere to all federal prevailing wage requirements, including but not limited to paying workers weekly and providing certified weekly payrolls for the contractor and subcontractors of any tier as required in the Davis-Bacon Act and applicable U.S. Department AEPA IFB #018 Part C Member Agency Page 78 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions of Labor regulations. Falsification of any prevailing wage payroll records may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of Title 18 and section 231 of Title 31 of the United States Code. Contractor shall inform all subcontractors of the Davis-Bacon requirements and the prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. Contractor must coordinate all requirements related to federal funded projects with the KCDA member Agency. • Responsible Bidder Before award, the bidder must meet the following state responsibility criteria and, if applicable, supplemental responsibility criteria to be considered a responsible bidder. The bidder is required to submit documentation demonstrating compliance with the criteria. Low Responsible Bidder A. State Responsibility Criteria. The Bidder must meet the following state responsibility criteria: 1. At the time of submittal of bid to AEPA, the contractor must hold a current Washington State Contractors. License in the name of the company signing the bid. Failure to have the license prior to submitting the bid is a violation of chapter 18.27 RCW and is a gross misdemeanor. 2. Have a current Washington State Unified Business Identifier (UBI) number. 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 4. If applicable: a. Have Industrial Insurance (workers’ compensation) coverage for the Bidder’s employees working in Washington State, as required in Title 51 RCW; b. Have a Washington State Employment Security Department number, as required in Title 50 RCW; and c. Have a Washington State Department of Revenue state excise tax registration number, as required in Title 82 RCW. B. Supplemental Bidder Responsibility Criteria. If supplemental criteria apply to this project, the criteria are included in “Attachment A.” The Bidder may make a written request to modify any or all of the supplemental criteria. Modification of supplemental criteria shall be at KCDA’s discretion. Any modifications to the supplemental criteria shall be made by addenda prior to bid opening. Subcontractor Responsibility: The contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: 1. At the time of bid submittal, have a current certification of registration in compliance with chapter 18.27 RCW. 2. Have a current Washington State Unified Business Identifier (UBI) number. 3. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 4. If applicable: a. Have Industrial Insurance (workers’ compensation) coverage for the Bidder’s employees working in Washington State, as required in Title 51 RCW; b. Have a Washington State Employment Security Department number, as required in Title 50 RCW; and c. Have a Washington State Department of Revenue state excise tax registration number, as required in Title 82 RCW 5. Have an electrical contractor license, if required by Chapter 19.28 RCW; 6. Have an elevator contractor license, if required by Chapter 70.87 RCW; • Bonds- Payment & Performance: The prime Contractor shall provide a Performance and Payment Bond at 100% of the contract price to the KCDA member with a copy to KCDA before work begins. The only exception is for contracts of thirty-five thousand ($35,000) dollars or less. In this instance, at the option of the Contractor, the member may in lieu of the bond retain fifty percent of the contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The bond shall be issued by a surety company authorized to do business in the State of Washington and shall be on standard forms used for public projects (RCW 39.08.010) and as directed by the KCDA member.Performance and Payment bonds for KCDA members outside Washington must be provided by AEPA IFB #018 Part C Member Agency Page 79 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions companies licensed to provide bonds for public entities in the member’s state. • Licenses: The prime contractor shall possess and maintain in current status all federal, state, and local licenses, bonds, and permits required for the performance and delivery of any and all products and services offered in its response to the bid solicitation. Before submitting a bid, Bidders must hold a current, valid contractor’s license as required in Washington. The contractor’s license must be in the name of the legal entity submitting and signing the bid. A Bidder may not substitute a contractor’s license held by a subcontractor or joint venture. Bidders submitting bids in Washington State without a valid contractor’s license in the name of the Bidder are in violation of RCW 18.27.010. It is the responsibility of the prime contractor to ensure any subcontractors performing under this contract hold and maintain appropriate licenses. The contractor shall verify that appropriate licenses are in place at the time of response to this bid. Copies of licenses must be submitted to the member prior to performing the work. The Contractor agrees to keep and ensure subcontractors keep any required license, permit or bond current and in compliance with Washington rules, regulations and statutes, as well as in states outside Washington in which contractor performs work under this contract. For work performed for any Washington State school district, public agency or municipality, the Contractor must comply with the bidder responsibility requirements of RCW 39.04.350 prior to the KCDA member awarding a contract. The contractor must verify the responsibility of all subcontractors used in accordance with RCW 39.06.020. • Permits: The acquisition of all permits as well as any drawings needed to obtain those permits is the responsibility of the successful Contractor/Bidder unless otherwise acknowledged by the KCDA member. • Certificate of Insurance: A certificate of insurance demonstrating current coverage of the types and amounts of insurance required by KCDA and the KCDA member must be provided to KCDA and the KCDA member prior to performance of any work. In addition, the Commercial General Liability policies must be endorsed to name KCDA and the KCDA member as additional insureds. Such policies must be further endorsed to provide that the insurance is primary as respects KCDA and the KCDA member, and that any other insurance maintained by KCDA and the KCDA member shall be excess and not contributing insurance with the Contractor's insurance. These endorsements must be provided along with the certificate of insurance. KCDA and the KCDA member must both approve the certificate of insurance and endorsements. • Acceptable Pricing Method: KCDA is unable to accept Alternative Costing Method quotations except in certain limited instances, (i.e. sole source) in which KCDA and Contractor may mutually determine the Alternative Costing Method is acceptable. This will be the exception rather than the rule. RS Means or line item bid pricing is acceptable. • Progress Payments: The Contractor shall be paid, upon submission of a proper Payment Request, the prices stipulated herein for work performed (less deductions, if any), in accordance with all payment and retainage instructions herein. Submitted Payment Requests must contain the following minimum information: a. Contract Number b. Bid item ID, bid quantity, unit, unit price and description as appropriate c. Sales Tax as applicable The Payment Request will be reviewed by the Member before payment is made. If the Member is in disagreement with the Payment Request, KCDA will issue a notice requesting a revised Payment Request. In accordance with RCW 51.12.050, KCDA reserves the right to deduct from the payment any outstanding industrial insurance premiums owed by the Contractor or Subcontractors. • Payment Retainage: In accordance with RCW 60.28 a contract retainage of not to exceed five percent of the moneys earned by the contractor toward completion of a public improvement contract shall be withheld and reserved as a trust fund for the protection and payment of 1) the claims of any person arising under the contract, and 2) the state with respect to taxes imposed pursuant to Titles 50, 51 and 82 RCW which may be due from such contractor. Upon completion of a contract, the member agency shall notify the Department of Revenue, the Employment Security Department, and the Department of Labor and Industries of the completion of contracts over thirty-five thousand dollars. KCDA will issue payment on the retainage amount forty-five days after notice from the KCDA Member Agency that the contract has been accepted as complete or upon receipt of all necessary releases, whichever is later. AEPA IFB #018 Part C Member Agency Page 80 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions AEPA IFB #018 Part C Member Agency Page 81 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 24. West Virginia, West Virginia Regional Education Service Agencies Cooperative Purchasing A. General Terms and Conditions that apply for all Categories: 1. Compliance with Laws/Forum Designation Contractor shall comply with Federal, State, and Local Laws, Codes and Regulations while fulfilling the contract. It is the Contractor’s responsibility to be aware of and comply with all state and local laws governing this procurement. Applicable laws, codes, and regulations (etc.) must be followed even if not specifically identified herein. The terms of the Agreement Addendum which is attached hereto and incorporated herein shall govern and supersede any contract terms to the contrary with respect to each procurement. Contractor shall verify to the West Virginia Regional Education Service Agencies (WVRESA), its Member Agencies and other qualifying purchasers that the Contractor is complying with all Federal, State and Local Laws, Codes and Regulations while fulfilling the contract, and shall provide a copy of this contract and any addenda to each Member Agency when providing a price quotation. Moreover, this contract shall be governed by and construed in accordance with the laws of the State of West Virginia without giving effect to its principles of conflict of law. Legal proceedings arising under this contract shall be brought in a West Virginia Court of the County where the Member Agency’s main office is located. 2. Delinquent Tax Affidavit Contractor shall provide an affidavit relating to delinquent taxes as may be required by West Virginia State Code §11- 12-10. 3. Secretary of State Registration Contractor shall meet and maintain all registration requirements as necessary to conduct business in the State of West Virginia, including but not limited to registration with the West Virginia Secretary of State. 4. West Virginia Workers Compensation Insurance Contractor, and any subcontractors hired by Contractor shall, at their own expense, maintain in force for the duration of the project workers’ compensation and employer’s liability insurance as required by the laws of the State of West Virginia. 5. Project Personnel, Student Safety and Background Checks Member Agency shall have the right to reject the participation of any personnel of Contractor in the performance of the services if, in relation to the work assigned to them, the Member Agency deems such personnel to lack the skill, experience and expertise required to perform the services or if Member Agency considers their performance to be substandard or otherwise detrimental to the proper completion of the services. Contractor will advise Member Agency promptly of any change in the project manager or other key personnel assigned to the performance of the services. Contractor acknowledges that the safety of the Member Agency’s students, employees, officials and guests is of the utmost importance. Contractor will endeavor to ensure that its officers, employees, agents, representatives, and consultants will take no action that would jeopardize the safety of the Member Agency’s students, employees, officials, or guests. The Member Agency reserves the right to require Contractor’s officers, employees, agents, representatives and consultants to wear identification and stay in designated work areas at all times while on the Member Agency’s property. The Member Agency shall have the right to effect the immediate removal of any person associated in any way with Contractor from Member Agency property for failure to wear identification, for being outside a designated work Contractor shall perform or cause to be performed by the West Virginia State Police and Federal Bureau of Investigation criminal background check of any personnel that will be performing the services within the proximity of minors. Contractor shall notify the Member Agency of any proposed employee who has been convicted, pled guilty or pled “no contest” to a criminal offense, and the Member Agency reserves the right to reject the proposed employee with a criminal background. No person shall be employed by Contractor who has been found guilty of any of the criminal offenses enumerated in West Virginia State Code without prior approval of the Member Agency. 6. Independent Contractor Contractor shall be an independent contractor and neither Contractor nor any of its subcontractors, nor the employees of any thereof, shall be deemed to be the servants, employees, or agents of Member Agency. Contractor shall be responsible for paying all costs related to its employees and managers performing the services. Contractor shall remain liable and responsible to Member Agency for all of its obligations under this contract, regardless of whether the services are performed by the Contractor or a subcontractor of any tier. AEPA IFB #018 Part C Member Agency Page 82 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 7. Ownership of Instruments of Service Drawings, data and other documents prepared by, or with the cooperation of, the Contractor pursuant to this contract shall become, upon payment of all undisputed compensation due the Contractor from the Member Agency, the property of the Member Agency. Such drawings, data or other documents may be used by the Member Agency or others employed by the Member Agency without compensation to the Contractor. 8. Audit Member Agency may audit and inspect Contractor’s records and accounts at any time during the Contractor’s performance of the services and for a period of two (2) years following the completion or termination of the services for the purpose of verifying any invoice and underlying documentation presented by Contractor, it being understood that Contractor agrees to preserve all such documents through such two- (2) year period. 9. Notices Unless otherwise expressly provided in this contract, all notices and other communications given under the contract shall be in writing and shall be deemed effective upon receipt by the addressee at its address as set forth in the contract or at such other address as such party shall have notified the other in writing. 10. Non-Appropriation and Other Contract Terms Applicable to Member Agencies as Political Subdivisions of the State If the Member Agency fails to appropriate sufficient monies in any fiscal year for payments due under the contract and other funds are not available for such payments, then a “Non-Appropriation” shall be deemed to have occurred. If a Non-Appropriation occurs, then Member Agency will give Contractor prompt notice of such Non-Appropriation. This contract shall thereupon terminate without penalty or expense to the Member Agency other than for goods and services already provided. 11. No Personal Liability It is understood and agreed that under no circumstances will the Member Agency’s board members, regional council members, officers, employees, or agents be personally liable for any obligations or claims arising out of or related to the contract. 12. Price Quotation Contractors must quote to a Member Agency the pricing listed in the current contract awarded by the Association of Educational Purchasing Agencies. Vendor will follow the procedures for price reductions to AEPA Member Agencies and Participating Entities set forth in the AEPA general terms area, and conditions. The price quotation must be submitted to a Member Agency and Participating Entity in writing, and any other expenses that the Contractors intend to charge a Member Agency or Participating Entity must be separately itemized on the quotation page in bold font with a good faith estimate of the dollar amount of each item, such as use tax if applicable. The failure to list an item or include a good faith estimate of the dollar amount on the quotation page will preclude a Contractor from charging the same. 13. Miscellaneous Headings and titles of articles, paragraphs and other subparts of this contract are for convenience of reference only and shall not be considered in interpreting the text of this contract.This contract and any appendices constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto and all agreements or understandings with a Member Agency. No contract amendments can be made without the approval of the AEPA membership. B. Construction Products and Services: For construction improvements, the following shall apply: 1. The successful Contractor shall provide such bonds required by West Virginia State Code §38- 2-39. 2. Contractor shall comply with all applicable licensing requirements, including those of the West Virginia Contractor Licensing Board pursuant to West Virginia State Code §21-11-3 . D. Procedures for Processing Orders: The WVRESA will keep informed its Member Agencies and other qualified purchasers of contract information via web site and through other marketing strategies. A list of WVRESA Member Agencies along with addresses, phones, contacts, etc. will be made available to successful Contractors. After contracts are awarded, Contractors may contact the WVRESA Member Agencies and other qualifying purchasers concerning their products and services. AEPA IFB #018 Part C Member Agency Page 83 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions Participating Member Agencies and other qualified purchasers will submit all purchase orders directly to the Contractor. The Contractor price shall include a two percent (2%) administrative fee that the Contractor will collect from the Member Agency or other qualified purchaser. Administrative fees are to be remitted to the WVRESA on April 15, July 15, October 15 and January 15 of every calendar year with checks payable to the RESA 2, 2001 McCoy Road, Huntington, WV 25701 The Contractor will compile a quarterly report showing all purchases made by the WVRESA Member Agencies and other qualified purchasers under this contract at the conclusion of each calendar quarter. These reports shall be attached to the administrative fee remittance. E. Agencies Allowed to Purchase under Member Agency: All member cooperatives of the WVRESA and their individual Member Agencies are eligible to participate and purchase from the awarded AEPA contracts. All West Virginia PK-12 school districts, including Career and Technical Education Centers, Regional Education Services Agencies, West Virginia Department of Education (WVDE) and all Institutional Education Programs operated by WVDE are eligible to participate and purchase from the awarded AEPA contracts. In addition, all colleges and universities, state, municipalities, counties, other governmental agencies and non- profit agencies are eligible to participate if the AEPA contracts satisfy their individual procurement requirements. AEPA IFB #018 Part C Member Agency Page 84 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 25. Wisconsin, Cooperative Educational Service Agency (CESA) #2 A. Additional Terms and Conditions (note: anything that is not already in Part A – General Terms and Conditions for AEPA) Terms and Conditions must be compliant with Wisconsin State Statutes 16.70 to 16.848 B. Additional Participating Agency Terms and Conditions for Non-Construction Products and Services Some larger districts, like Milwaukee Public Schools, may require an additional one page “piggyback” memorandum of understanding to utilize the contract. C. Additional Participating Agency Terms and Conditions for Construction Related Products and Services Construction contracts are subject to Wisconsin State Statutes 16.855 or 66.0901. D. Procedure for Processing Orders All districts directly process orders with the CESA Purchasing AEPA vendor partner unless otherwise arranged. E. Members Purchasing Under CESA CESA Purchasing membership is free. Membership is available to the following agencies based on WI State Statues Chapter 116 which governs the work of WI Cooperative Educational Service Agencies: school districts, University of Wisconsin System institutions, and technical colleges. All public, private, and tribal schools, and all public and private agencies and organizations, that provide services to pupils. Please note in Wisconsin we do not require additional registration of members and define members as those defined by WI Statute 116 that guides our work. AEPA IFB #018 Part C Member Agency Page 85 Due Date: OCTOBER 9, 2017, 1:30 pm EST Terms & Conditions 25. Wyoming, Northeast Wyoming Board of Cooperative Educational Services (NEW BOCES) A. Additional Terms and Conditions Upon execution of this document, the respondent hereby agrees to submit bids and NEW BOCES agrees to accept such bids under the following conditions: Public Works and Contracts: Vendor shall comply with any and all laws, whether local, state, federal, or otherwise, applicable to any aspect of the service or product to be provided in relation to the contract. It shall be the vendor’s responsibility to determine the applicability and requirements of any such laws and to abide by them. Vendor shall indemnify, defend, and hold harmless NEW BOCES for any default or breach of vendor in this regard. To the extent applicable for the product or service bid, vendor shall comply with W.S. 16-6-101 to 16-6-602 and to W.S. 21-3-110(a) (viii) (copies available upon request). B. Procedure for Processing Orders Upon bid award to the Contractor/vendor, NEW BOCES will inform its members and other qualifying purchasers of the contract by: 1) including the contract on the NEW BOCES website, 2) announcing the award in its periodic newsletter, and 3) publishing the contract information in a catalog disseminated to all members and other qualifying purchasers. A list of members and other qualifying purchasers, contact persons, addresses, and phone numbers will be made available to the Contractor. When a member or other qualifying purchaser identifies a product or service for procurement, they issue a purchase order for that product or service. The vendor’s price shall include a one percent (1%) administrative fee that the vendor will collect from the member or other qualifying purchaser. This amount will be remitted to NEW BOCES on a quarterly basis. The vendor will compile an annual report showing all purchases made by NEW BOCES members and other qualifying purchasers under this contract at the conclusion of each calendar year. Administrative fees will be payable to NEW BOCES on the 15th of the month succeeding each quarter and all checks are payable to NEW BOCES, 410 North Miller Avenue, Gillette, Wyoming 82716, Att: Business Manager. C. Members Purchasing Under NEW BOCES NEW BOCES is an educational cooperative authorized under the provisions of W.S. 21-20-101 to 21-20-111. Each of the K- 12 school districts in the state is eligible to participate in NEW BOCES cooperative purchasing programs. No district is obligated to use these services but they find the benefits of economy and efficiency made possible by cooperative purchasing to be advantageous. Additional qualifying purchasers may include other public or non-profit educational institutions in the state. 5. State Specific Required Forms Please see the proceeding pages of Part C for any state specific documents. Theses state specific documents will be required with your response/submission. Rev 7-21-2017 There are number of levels of authority that must take action during the entire procurement process and within each of these levels there are a number of checks and balances. Therefore CES has made the determination, as it relates to complying with the Campaign Contribution Disclosure requirement, that even though the individuals listed below do not fall within the definition “Applicable public official” as defined in 13-1-191.1 NMSA 1978, in order to ensure that CES is in compliance with the intent of the requirements, the following have been identified as Name(s) of Applicable Public Official(s) if any that must be identified: •David Chavez, Executive Director of Cooperative Educational Services (CES) •Robin Strauser, Deputy Executive Director of CES •Dotty McKinney, Procurement Manager of CES •John Tortelli, Procurement and Contract Specialist of CES •Joe Valencia, Procurement and Contract Specialist of CES •TJ Parks, (Superintendent of Hobbs Municipal Schools) President of CES’ Board of Directors •Kirk Carpenter, (Superintendent of Aztec Municipal Schools) President Elect of CES Board of Directors •Vernon Jaramillo, (Executive Director of Cariño De Los Niños Chárter School) Past President of CES Board of Directors •Dr. Kim Mizell, (Superintendent of Bloomfield School District) CES’ Executive Committee Representative for Region I •Vacant, CES’ Executive Committee Representative for Region II •Richard Perea, (Superintendent of Santa Rosa Consolidated Schools) CES’ Executive Committee Representative for Region III •Dr. Marc Space, (Superintendent of Grants-Cibola County Schools) CES’ Executive Committee Representative for Region IV •Steve Barron, (Superintendent of Dora Consolidated Schools) Secretary of the CES Board of Directors and CES’ Executive Committee Representative for Region V •Dwain Haynes, (Superintendent of Eunice Municipal Schools) CES’ Executive Committee Representative for Region VI •Brenda Vigil, (Superintendent of Tularosa Municipal Schools) Treasurer of the CES Board of Directors CES’ Executive Committee Representative for Region VII •Dr. Greg Ewing, (Superintendent of Las Cruces Public Schools) CES’ Executive Committee Representative for Region VIII •Kelly Callahan, (Executive Director for Charter Schools) CES’ Executive Committee Representative for Region Charter Schools Page 1 of 5 Rev 7-21-2017 •Stan Rounds, (Executive Director of New Mexico Coalition of Educational Leaders) CES’ Executive Committee Representative for School Administrators •Joe Guillen, (Executive Director of New Mexico School Boards Association) CES’ Executive Committee Representatives of School Board Members •Paul Aguilar, (Deputy Secretary of Finance & Operations Bureau, New Mexico Public Education Department) CES’ Executive Committee Representative of NMPED •Dr. Penny Garcia, (Dean of College of Education and Technology of Eastern New Mexico University- Portales)CES’ Executive Committee Representative of New Mexico Higher Education Department •Dr. John Madden, (President of Eastern New Mexico University-Roswell) CES’ Executive Committee Representative of New Mexico Association of Community Colleges Page 2 of 5 CAMPAIGN CONTRIBUTION DISCLOSURE FORM Pursuant to the Procurement Code, Sections 13-1-28, et seq., NMSA 1978 and NMSA 1978, § 13-1-191.1 (2006), as amended by Laws of 2007, Chapter 234, any prospective contractor seeking to enter into a contract with any state agency or local public body must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period. Furthermore, the state agency or local public body may cancel a solicitation or proposed award for a proposed contract pursuant to Section 13-1-181 NMSA 1978 or a contract that is executed may be ratified or terminated pursuant to Section 13-1-182 NMSA 1978 of the Procurement Code if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law. The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public official, if any, for which disclosure is required by a prospective contractor. THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following definitions apply: “Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal. “Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of Page 3 of 5 individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee. “Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter- in-law or son-in-law of (a) a prospective contractor, if the prospective contractor is a natural person; or (b) an owner of a prospective contractor. “Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals. “Prospective contractor” means a person or business that is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person or business qualifies for a sole source or a small purchase contract. “Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor. Name(s) of Applicable Public Official(s) if any:________________________________ (Completed by State Agency or Local Public Body) DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Contribution Made By: __________________________________________ Relation to Prospective Contractor: __________________________________________ Date Contribution(s) Made: __________________________________________ __________________________________________ Amount(s) of Contribution(s) __________________________________________ __________________________________________ Nature of Contribution(s) __________________________________________ __________________________________________ Purpose of Contribution(s) __________________________________________ __________________________________________ (Attach extra pages if necessary) Page 4 of 5 ___________________________ _______________________ Signature Date ___________________________ Title (position) --OR— NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative. _____________________________________________________ Signature Date ______________________________ Title (Position) Page 5 of 5 NJ Business Registration Form All vendors must have a valid Business Registration Certificate (BRC) from the Department of the Treasury, Division of Revenue prior to conducting business in the State of New Jersey and prior to receiving the award of a contract with a public entity. arA7e Or IN W JUS" 6USi1J#S5 #. GfT4TRAi+l7Tr CERT1fICATi MPAWL44n ;AQ=�y1 �v s ON Cr FOR $ TAW AGIACV AND CASM0 S fiftWE CONTRACTOR rACN'Wr N- - rtwi j - . - .. TAXPAVZ* NAME: 7RAVE r44ME TAX RGMSTRATI4M TESTACCOU1f,T CLI'kl REUITRA4 rON s TAXPAYER IDENTlEICATIONy- 3EQM?#[' E NUMBER. { "O�Oi? 5" R txaLl"e. AwF TRE"icw NJ owl - ...VE DA i Dire. <CIt7iP ':� 4 io ISSUANCE DATE! OT114M +�e� Qrexe� r+4 -CL+ 41ft -L w07 "a PVAM V &W.' a •• lrf•!W ee.+,�aLp aiaalt�ea at at" twnaa 1-1-w. - STATE OF NEW JERSEY BUSINESS REGISTRATION CERTIFICATE Tride Name: Addrv*q: 847 R01-RUING AVE 'f R[-"Ph1roiv. NJ �FS151 r Cmilkyat Number: 1093907 tlrierr� Is;aurnce; I:�►�Nrl�cr [3„ ?DII� For Oliicr Use 0uh•: �13d�i0l� i l�$33 For more information on how to obtain a Business Registration Certificate, please visit the State of New Jersey, Department of Treasury, Division of Revenue and Enterprise Services website at: http://www.state.n6.us/treasury/revenue/busrep,cert.shtmi A valid Business Registration Certificate must be provided to the ESCNJ before the award of a contract can be made. AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The contractor and the Educational Services Commission of New Jersey (hereafter 'Owner") do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C, S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract, In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action a administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, lasses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith, In any and all complaints brought pursuant to the owner's grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense. The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, if any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives. It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph. It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall In no way limit the contractor's obligations assumed in this Agreement, nor shall they be construed to relive the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law. Signature Name Title Company name: To be completed and signed below Return with bid AFFIRMATIYEACTION Q UE5TIONNAIRE This form is to be completed and returned with the bid. However, the ESCNJ will accept in lieu of this Questionnaire, Affirmative Action Evidence attached but not stated to this page, 1.Our company has a federal Affirmative Action Plan approval, ❑ Yes ❑ No If yes, please attach a copy of the plan to this questionnaire. 2.Our company has a New Jersey State Certificate of Employee Information Report. ❑ Yes ❑ No If yes, please attach a copy of the certificate to this questionnaire. 3. If you answered "NO" to both questions above, No. 1 and 2, you must apply for an Affirmative Action Employee Information Report— Form AA302. Please visit the New Jersey Department of Treasury website for the Division of Public Contracts Equal Employment Opportunity Compliance: www.state.ni.us/treasuryfcontract compliance/ Cllck on Forms" and then "AA302" and "Instructions" under the heading "Employee Information Report" Complete and submit the form with the anjaMpriate„payment to: Department of Treasury Division of Purchase & Property Contract Compliance Audit Unit EEO Monitoring Program P.O. Box 205 Trenton, New Jersey 08025-0206 All fees for this application are to be paid directly to the State of New Jersey. A copy shall be submitted to the ESCNJ within seven (7) days of the notice of the intent to award the contract or the signing of the contract. EMPLOYEE INFORMATION REPORT (FORM AA302) IMPORTANT: READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE FORM. PRINT OR TYPE ALL INFORMATION. FAILURE TO PROPERLY COMPLETE THE ENTIRE FORM MAY DELAY ISSUANCE OF YOUR CERTIFICATE. IF YOU HAVE A CURRENT CERTIFICATE OF EMPLOYEE INFORMATION REPORT, DO NOT COMPLETE THIS FORM. SEND COPY OF CURRENT CERTIFICATE TO THE PUBLIC AGENCY. DO NOT COMPLETE THIS FORM FOR CONSTRUCTION CONTRACT AWARDS, ITEM 1 - Enter the Federal Identification Number assigned by the includes for example, China, Japan, Korea, the Philippine Internal Revenue Service, or if a Federal Employer Islands and Samoa. Identification Number has been applied for, or if your Non -Minority. Any Persons not identified in any of the business is such that you have not or will not receive a aforementioned Racial/Ethnic Groups. Federal Employer Identification Number, enter the Social Security Number of the owner or of one partner, in the case ITEM 12 - Check the appropriate box. If the race or ethnic of a partnership. group information was not obtained by 1 or 2, specify by what other means this was done in 3. ITEM 2 - Gheck the box appropriate to your TYPE OF BUSINESS. If you are engaged in more than one type of business check the predominate one. If you are a manufacturer deriving more than 50% of your receipts from your awn retail outlets, check 'Retail'. ITEM 3 - Enter the total 'number" of employees in the entire company, including part-time employees. This number shall include all facilities in the entire firm or corporation. ITEM 4 - Enter the name by which the company is identified. If there is more than one company name, enter the predominate one. ITEM 5 - Enter the physical location of the company. Include City, County, State and Zip Code. ITEM 6 - Enter the name of any parent or affiliated company including the City, County, State and Zip Code. If there is none, so indicate by entering "None'or NIA. ITEM 7 - Check the box appropriate to your type of company establishment. "Single -establishment Employer" shall include an employer whose business is conducted at only one physical location. "Multi -establishment Employer" shall include an employer whose business is conducted at more than one location. ITEM 8 - If "Multi -establishment" was entered in item 8, enter the number of establishments within the State of New Jersey. ITEM 9 - Enter the total number of employees at the establishment being awarded the contract. ITEM 10 - Enter the name of the Public Agency awarding the contract. Include City, County, State and Zip Code, ITEM 11 - Enter the appropriate figures on all lines and in all columns. THIS SHALL ONLY INCLUDE EMPLOYMENT DATA FROM THE FACILITY THAT IS BEING AWARDED THE CONTRACT. DO NOT list the same employee in more than one job category. DO NOT attach an EEO-1 Report. RaciallEthnic Groups will be deflned: Black: Not of Hispanic origin. Persons having origin in any of the Black racial groups of Africa. Hispanic: Persons of Mexican, Puerto Rican, Cuban, or Central or South American or other Spanish culture or origin, regardless of race. American Indian or Alaskan Native: Persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. Asian or Pacific Islander Persons having origin in any of the original peoptes of the Far East, Southeast Asia, the Indian Sub -continent or the Pacific Islands, This area ITEM 13 - Enter the dates of the payroll period used to prepare the employment data presented in Item 12. ITEM 14 - If this is the first time an Employee Information Report has been submitted for this company, check block "Yes". ITEM 15 - If the answer to Item 15 is "No", enter the date when the last Employee Information Report was submitted by this company. ITEM 16 - Print or type the name of the person completing the form. Include the signature, title and date. ITEM 17 • Enter the physical location where the form is being completed. Include City, State, Zip Code and Phone Number. TYPE OR PRINT IN SHARP BALL POINT PEN THE VENDOR IS TO COMPLETE THE EMPLOYEE INFORMATION REPORT FORM (AA302) AND RETAIN COPY FOR THE VENDOR'S OWN FILES. THE VENDOR SHOULD ALSO SUBMIT A COPY TO THE PUBLIC AGENCY AWARDING THE CONTRACT IF THIS IF YOUR FIRST REPORT; AND FORWARD ONE COPY WITH A CHECK IN THE AMOUNT OF $150.00 PAYABLE TO THE TREASURER, STATE OF NEW JERSEY (FEE IS NON-REFUNDABLE) TO: NJ Department of the Treasury Division of Contract Compliance & Equal Employment Opportunity P.O. Box 209 Trenton, New Jersey 08625.0209 Telephone No.1.609.292-5475 To download the AA-302 form, click this fink; http:f/www.state.nj.us/treasury/contract comp1iance1pdflaa302.pdf FAMMAAM STATE OF MEW JERSEY now. L111 Aivhftn of Pr■da■a■ a Pagvli Contract CmInFAWOMA■RiLMI■Lz EL4 �Kv�a_ EMPLOYCE INFf,�1l1�ATlp�1 REPORT '�iSUff-W D ■MM■►MOM aA6TRLT rRPOE COMA U1119r. YO M. FALUWr TO PROPFRRLV COOMM ME1ENIML FGRRM AMA M SUMW TMPe S $15010� FM My DELAY EMUAMM OF VMM CEffrFRCATE OO Wn SUNAFT MO-1 40-3RM FOR FNC[lON Ml MM 11 Fu U—r vd— on compidnq r, k, 90 Ro: htl�/Jrwwasa[s.s}urTauvyieerier �pg-pk.—dpoll.1j@jn p tf SECTIM A - COMPAMY *Cmwk w.AT OM L PM NO, OR SOCULL 2RCLUMV 7- TTW CW s a_ TWAL ND. 2%APr oyZZg iN TUE aor= p M. ea-' M � suvrcr ❑ Ds s_ UMBDUALZ �w� ❑ -C RETAIL ❑ 3. ormpx CCOMMUMMMM i WINIM CITY COLUM STATE zw COOL [i MA1 Cr FA/PSFl OR A FFnZA M CCWANF (IF 2IOKF- S 7 a'm cAmn CIF! 6TA4£ zw ccvz 7. CgC8 d6'■-a TIMc w"r: 0 SOi(��*Aa[.LSIUA.'JA'IS�I•dl'L+i � 7f[R.'IfYS7AE.1C"%dEliiP3OiAYVM 9 TOML N1AMEK Or 22aPL17YIrS AT IMTA1tf fsHMM",Fr W7IICU HAS SbH AWAXt M 77A' CpMRACT AWAXDMG PONTVACi COINlry SUM mr C%>nf Ci^f7rfr � _ rrr rw..ar Ofia 11. =T� .IIrr■•rr, �Y � fir,. vt7 TOUR ❑VItlR PA'r=wd- La.r � .�e� 6�rw v � Rya ai a �n n►1rrL t3� +w Itl. Lslrr AM7- �Rc see je..c a... r aa�.rY7 s w� : raL.. [.. i. do �. ilv aM1T5L!�MRr wel Fort VP =--.-■-- --ME __ —_-_- -__� ___ —_-__ MM__ __mm- ___- 16 -NUU <OF IAEr-%Ceq WAAFKMn7G FCF M [r'a�.]� �aawTrt�ea ^f,•jrf IM-M M[D In&lrf I ►t IT Im=SS 1+7t}_ A SW= Mk y CO MY STAIM Ea Ob17H mmm {IUliA czw R IaO�iYli�M'L I certify that the above information is correct to the hest of my knowledge. Name of CompanylFirm Address City, state, zip Name of Authorized Agent SIGNATURE Title Date Sample Certificate of Employee Information Report Certification i11XX CERTIFICATE OF EMPLOYEE INFORMATION REPORT INITIAL Thls is to cartily that the eantractor listed bejoyttjas 5Ub-&n)Em0oyee Information Report pursuant to N.J.A.C. 17:27.1.1 et seq. and the SWe/LT'rb s rer has approved SWmport. This approval will remain In affect for the period at 15-DEC- x}p p � 15-raEc-20xx SAMPLE COMPANY, INC. 33 WEST STATE STREET TRENTCN, NJ ON25 iq I State Treasurer (REVISED 4110) RETURN WITH BID EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et sec}. (P.L.1975, C. 127) N.,J.A.C.17:27 GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectiopal or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A,C, 17,27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division's website at www.state.ni.us/treasury/contract. compliance) The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C.17:27. Signature Name Title Company name: Educational Services Commission of New Jersey Business Office 1660 Stelton Road Piscataway, New Jersey 08854 Chapter 271 Political Contribution Disclosure Form (Contracts that Exceed $17,500.00) Ref. U.S.A. 52:34-25 The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that (Business Entity) has made the following reportable political contributions to any elected official, political candidate or any political committee as defined in N.J.S.A. 19:44-20.26 during the twelve (12) months preceding this award of contract: Reportable Contributions Date of Contribution Amount of Contribution Name of Reci lent Elected Name of Contributor officiall Comm itteelCandWate The Business Entity may attach additional pages if needed. ❑ No Reportable Contributions (Please check (f) if applicable.) I certify that (Business Entity) made no reportable contributions to any elected official, political candidate or any political committee as defined in N.J.S.A. 9 9:44-20.26. Certification I certify, that the information provided above is in full compliance with Public law 2005 —Chapter 271. Name of Authorized Agent Signature Business Entity Title C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a "fair and open" process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s. 2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to: • any State, county, or municipal committee of a political party • any legislative leadership committee*' • any continuing political committee (a.k.a., political action committee) • any candidate committee of a candidate for, or holder of, an elective office: o of the public entity awarding the contract o of that county in which that public entity is located o of another public entity within that county o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions. N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following: • individuals with an 'interest" ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit • all principals, partners, officers, or directors of the business entity or their spouses • any subsidiaries directly or indirectly controlled by the business entity • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs) When the business entity is a natural person, "a contribution by that person's spouse or child, residing therewith, shall be deemed to be a contribution by the business entity." N.J.S.A. 19:44A-20,26(b)]. The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a f ne imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor's responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. N.J.S.A. 19A4A-3(s): "The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section t6 of N.L. 1993, c. 65 (C. 19:44A-10.1) for the purpose of receiving contributions and making expenditures." The enclosed form, a content -consistent facsimile, or an electronic data file containing the required details (along with a signed over sheet) may be used as the contractor's submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts, P.L. 2005, c. 271 (Unofficial version, Assembly Committee Substitute to A-3013, First Reprint*) AN ACT authorizing units of local government to impose limits on political contributions by contractors and supplementing Title 40A of the New Jersey Statutes and Title 19 of the Revised Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, 40A:11-51 1. a. A county, municipality, independent authority, board of education, orfire district is hereby authorized to establish by ordinance, resolution or regulation, as may be appropriate, measures limiting the awarding of public contracts there from to business entities that have made a contribution pursuant to P.L. 1973, c. 83 (C. 19:44A-1 et seq.) and limiting the contributions that the holders of a contract can make during the term of a contract, notwithstanding the provisions and parameters of sections 1 through 12 of P.L. 2004, c. 19 (C. 19:44A-20.2 et al,) and section 22 of P.L. 1973, c. 83 (C. 19:44A- 22), b, The provisions of P.L. 2004, c, 19 shall not be construed to supersede or preempt any ordinance, resolution or regulation of a unit of local government that limits political contributions by business entities performing or seeking to perform govemment contracts. Any ordinance, resolution or regulation in effect on the effective date of P.L. 2004, c, 19 shall remain in effect and those adopted after that effective date shall be valid and enforceable. c. An ordinance, resolution or regulation adopted or promulgated as provided in this section shall be filed with the Secretary of State. 52:34-25 2. a. Not later than 10 days prior to entering into any contract having an anticipated value in excess of $17,500, except for a contract that is required by law to be publicly advertised for bids, a State agency, county, municipality, independent authority, board of education, or fire district shall require any business entity bidding thereon or negotiating therefore, to submit along with its bid or price quote, a list of political contributions as set forth in this subsection that are reportable by the recipient pursuant to the provisions of P.L. 1973, c. 83 (C.19:44A-1 et seq.) and that were made by the business entity during the preceding 12 month period, along with the date and amount of each contribution and the name of the recipient of each contribution. A business entity contracting with a State agency shall disclose contributions to any State, county, or municipal committee of a political party, legislative leadership committee, candidate committee of a candidate for, or holder of, a State elective office, or any continuing political committee. A business entity contracting with a county, municipality, independent authority, other than an independent authority that is a State agency, board of education, or fire district shall disclose contributions to: any State, county, or municipal committee of a political party; any legislative leadership committee; or any candidate committee of a candidate for, or holder of, and elective office of that public entity, of that county in which that public entity is located, of another public entity within that county, or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county, or any continuing political committee. The provisions of this section shall not apply to a contract when a public emergency requires the immediate delivery of goods or services. b. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by: all principals, partners, officers, or directors of the business entity or their spouses; any subsidiaries directly or indirectly controlled by the business entity; or any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee, shall be deemed to be a contribution by the business entity. c. As used in this section "business entity" means a natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction; "interest" means the ownership or control of more than 10% of the profits or assets of a business entity of 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate; and P.L. 2005, c. 271 "State agency" means any of the principal departments in the Executive Branch of the State Government, and any division, board, bureau, office, commission or other instrumentality within or created by such department, the Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch, and any independent State authority commission, instrumentality or agency. d. Any business entity that fails to comply with the provisions of this section shall be subject to a fine imposed by the New Jersey Election Law Enforcement Commission in an amount to be determined by the commission elch may be based upon the amount that the business entity failed to report, 19:44A-20.13 3. a. Any business entity making a contribution of money or any other thing of value, including an in -kind contribution, or pledge to make a contribution of any kind to a candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, or to a political party committee, legislative leadership committee, political committee or continuing political committee, which has received in any calendar year $50,000 or more in the aggregate through agreements or contracts with a public entity, shall file an annual disclosure statement with the New Jersey Election Law Enforcement Commission, established pursuant to section 5 of P.L. 1973, c. 83 (C. 19:44A-5), setting forth all such contributions made by the business entity during the 12 months prior to the reporting deadline. b. The commission shall prescribe forms and procedures for the reporting required in subsection a. of this section which shall include, but not be limited to: (1) the name and mailing address of the business entity making the contribution, and the amount contributed during the 12 months prior to the reporting deadline; (2) the name of the candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, candidate committee, joint candidates committee, political party committee, legislative leadership committee, political committee or continuing political committee receiving the contribution; and (3) the amount of money the business entity received from the public entity through contract or agreement, the dates, and information identifying each contract or agreement and describing the goods, services or equipment provided or property sold c. The commission shall maintain a list of such reports for public inspection both at its office and through its Intemet site. d. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith, shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person, a contribution by: all principals, partners, officers, or directors of the business entity, or their spouses; any subsidiaries directly or indirectly controlled by the business entity; or any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political party committee, shall he deemed to be a contribution by the business entity, As used in this section "Business entity" means a natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized underthe laws of this State or of any other state or foreign jurisdiction; and "Interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit, as appropriate. e. Any business entity that fails to comply with the provisions of this section shall be subject to a fine imposed by the New Jersey Election Law Enforcement Commission in an amount to be determined by the commission which may be based upon the amount that the business entity failed to report. 4. This act shall take effect immediately. Note: Bald italicized statutory references of new sections are anticipated and not final as of the time this document was prepared. Statutory compilations of U.S.A. 18A:18A-51 is anticipated to show a reference to KJ,S,A, 40:11-51 and to N . J . S.A. 52:34-25. To be completed and signed below. Return with bid STATEMENT OF OWNERSHIP OWNERSHIP DISCLOSURE CERTIFICATION N.M.A. 52:25-24.2 (P,L, 1977, c.33, as amended by P.L. 2016, c.43) This Statement Shall Be included with All Bid and Proposal Submissions Name of Business: Address of Business: Name of person completina this form: N.J.S.A. 52:25-24.2: "No corporation, partnership, or limited liability company shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, unless prior to the receipt of the bid or proposal, or accompanying the bid or proposal of said corporation, said partnership, or said limited liability company there is submitted a statement setting forth the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. If one or more such stockholder or partner or member is itself a corporation or partnership or limited liability company, the stockholders holding 10 percent or more of that corporation's stock, or the individual partners owning 10 percent or greater interest in that partnership, or the members owning 10 percent or greater interest in that limited liability company, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every non -corporate stockholder, and individual partner, and member, exceeding the 10 percent ownership criteria established in this act, has been listed. To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest." The Attorney General has advised that the provisions of W.I.S.A. 52:25-24.2, which refer to corporations and partnerships, apply to limited partnerships, limited liability partnerships, and Subchapter 5 corporations. This Ownership Disclosure Certification form shall be completed, signed and notarized. Failure of the bidderlp_roposer to submit the required information is cause for automatic rejection of the bid or proposal Part I Check the box that represents the type of business organization: OSole Proprietorship (skip Parts II and III, sign and notarize at the end) Non -Profit Corporation (skip Parts II and III, sign and notarize at the end) 13Partnership 0 Limited Partnership 0 Limited Liability Partnership Mimited Liability Company 0 For -profit Corporation (including Subchapters C and S or Professional Corporation) 0 Other (be specific): Part H 0 1 certify that the list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. OR 0 1 certify that no one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or that no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. Sign and notarize the form below, and, if necessary, complete the list below. (Please attach additional sheets if more space is needed): Name: Address: Name: Name: Address: Name: Address: Address: Part III - Any Direct or Indirect Parent Entity Which is Publicly Traded: "To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest." 0 Pages attached with name and address of each publicly traded entity as well as the name and address of each person that holds a 10 percent or greater beneficial interest. OR 0 Submit here the links to the Websites (URLs) containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent. AND 13 Submit here the relevant page numbers of the filings containing the information on each person holding a 10 percent or greater beneficial interest. Subscribed and sworn before me this_ day of .2 (Notary Public) My Commission expires: (Affiant) (Print name of affiant and title if applicable) (Corporate Seal if Corporation) Statement of Suspension or Debarment STATE OF NEW JERSEY/ Specify, of other COUNTY OF I, - of of the (City, Town, Borough) State of being duly sworn according to law on my oath depose and say that: lam Of of the firm the Bidder of full age, making the Proposal for the above named projects, and that I executed the said Proposal with full authority to do so; that said Bidder is not at the time of the making this bid included on the New Jersey State Treasurer's or the Federal Government's List of Debarred, Suspended or Disqualified Bidders as a result of action taken by any State or Federal Agency. Name of Contractor: 0 (Company Name) (Signature of authorized representative) Subscribed and sworn to before me This day of _ 20 (Seal) Notary Public of New Jersey/ Specify Other State My Commission expires 20 - [Type text] than Disclosure [Type text] STATE OF NEWJE 1f:Y— DIV1" OF PURCHASE AND PROPERN 411KLOSM OF INESTMENT ACTRgMS M R111i1 quomNurwbrn 119 tirrfOfftror: PART 1= CERTIMATkM BDDEJRS "MST CONIPLETE PART 1 13Y CHECKING E Hll&UOX FAILURE TO CHECK ONE OF THE 13OXES Witt_ RENDER TRH F P ROPOSAL NON-RE-SPONSIYE. Pursuant to Public Law 2012. c 25, arty pason or entity that subnvb a bid or prnpvsaf or othemse proposes 10 enl r kft or renew a oa *W must complete the oertficaaon below to arlest, under penalty of perjury, that neither the person or entity. nor arty of ds parents, mAsidianes, -or afFl otes. 5 identified on the Departrn&d of Treasury's Chapter 25list as a peon or entity engaging in inve5 rnerti activities in Iran. The Chapter 25 list is kKi nd on the Diwsm's websik2 at h1knihmm SM ni & L&LRd. Bidders must rew w this list prior to Ong the below verficabm. Fadure bo congkfe the eerdew ifi will render a bkkI fs proposal rro—eWm5ive. If the Dkvdorfinds a person or witty tD be in viclabon of law, slier s#nal t*e acbm as may be approprabe and pmvsded by law. rule or owead. iv"ing but riot linvted to, irepQseng sanctions, seekkng CorrnPiance• recoveni n$ deolad the default and debanT ent or suspension of" party �' n% PAY in PL.EASE CHECK THE APPROPRIATE BOX- 1 aelft pursuant 10 PUb& Lahr MZ c. n tiaat nWOw the bidder fisted above ttor amy of the bidder's parents, s�a� ies. ar s is isllW an the H.J. Deparvrwrt of the Treammy+'s list of erAk s dANrnir%Ed to be engaged in prohibited aek fflim in Iran pwsuart to 'P.L 2a12. r- 25 'rChWiet' 25 La 4 I rather seat I am iitr ❑ oertilY person listed above, or f am an diioer a repreSerrr tiMe of tie entity listed above wild am aulharmed trs rnAe this certifrabon an iksbehallf twill skip Par! 2 and sign and ootltplEOn Certification below. La I ace urnable to cerfify as above because the bidder andkw am or more of its paFwft. sub"ari es, or affifsates is isied an ❑ the Deparhnernt's Ctnapter ;?5 iiA I rig Provide a detailed, accurate and preeise S iphon of t5 he a0 wW in Fart 2 belrwr and sq n and aor 4&w "wLL Ceatilicabm beia�. 8=aiiure b oravide such trod rem* n the oreoosai befre teirde as non resnarlsive and appropriate pwokies, %es ardor sanabons will be assessed as provided by lave, PART 2: PLEASE PROVIDE FURTHER 011FIN ORMATI(XI RELATED TO YES TEE1iT ACTIVffES Nil IRAN You mast provirle a detailed. aaarale and ptsrase docarlption of the activities of the hdr & persanlerpityr, ar one of its porous, subside or attiiiai , engaging ft the me It aetivibes in Iran ou kw d above by connpletNtp the banes beiorr. EACH BOX WILL PROMPT YOU TO PROVIDE INFORMATKAI RELATIVE M THE ABOVE QUESTIOM3_ PLEME PROVIDE THOROUGH ANSWERS TO EACH QUESTXW F YOU HEM TO M^KE ADDITIONAL ENTRIES. CLICK THE 'ADD AM ADDITIONAL ACTIVTTES BITKY- 61JrTOML Manioc RelatiorFJ* tte 9dkriU%nw Dl�ii! aescripliorn of I4ctivabes DLration of ErnFU"n d „ Aertirpab d Gssation Date &dQerPOrlferar C wdW Name C.orrlad Phone f Lwnber AD0AN Ah0TK*&%LAC't'wrmsENTBY CW*. 1, 5 dq wm 4= mY oM mmty MVMM t►rt trio urarnaiart arM ate =7M&0 tleelo t fE bid or rry WoMelp at Sirs' and Cal, w ackameWtreat i am annGtfald>a nscacnae try ca 1 iMbU on tehaM of to bitkmr ft'tt v* so of w w Jo soy is losing an fit ir>ielnron otrtdi�t� Hert!sr and st+d I am rssiw ra ig etrl ,eon to r t116 a�nilralon tlran�r Inc tarrlpr�o of arrp mttrtts wiry >te SO to W' 20 SM in N" of ay 1 9 io to irftnsiur arilairm hint flail an anamtisrth 6 a a'rrirW otteese to mare a rase 5bMFQ1R tx nls�m in ft allMrabL aw F l thw I am w*a woifiral va"amm en s trt taw am Slat Il ltil Zit * milsd defad, d eery agreaa ilsi rite rile star., per ilarq Vte tM tot lam any 60 * 3a1+11M "rn f6 wild atd tom Full Warne lftit M: SaNrarire: Do Met tlrtbw PEN rrs a SYpnmurs 11de: Gate: [Type texts Iran Disclosure [Type text] It * A;: btftt of ReW Wrgri, DuART]ENT DF THE TRzAsuFY C UM C73 STM 13rM XaF PLWRME AND PROPERTY FORD M. SCI.IVEF. Gmwrrvr OFTKF OF Tiri DIRECTOR 5=,r Pwsum, 33 WEST SIATF STREET P D.BnxO39 KLta GUADAGM TREYTO . New JzzuT 08625.0039 JIGS ASA Lt. G.nernvr I,rrpr:::,r,wr,r�rrArl,go#• Dlrerror Tdgkone (609) 292-1M lracsia0e (609) 9U-2575 The fallowing list represents entities determined. based on credible Information available to the public. to be engaged in prohibited activities in Iran pursuant to P.L- 2012. c. 25 ("Chspter 25"): I. Bank Markad km Central Bm* of Iran 2 Bank Me&n 3 BwK WN Iran 4 Bank T rat 5 W atal kanim Taker IT 8. Amarka 7 Bank Saderat PLC 8 Bwk I&Mh 9 Belaz 10 BdnellkhFn Bclan.aneRl 1 t China kdvtWonal prated PeWem 8 C4wncals Co.. Ltd {Jn 12 C hm NabxW Offshore pd CoWratim (CNOOC) 13 GhPW Natiarlal Pelroleura rak0n (CNM 14 China Nabomi Urded Od qMnbw Ch 15 China Pdola n & Cboncal 16 China Prewism Mach r1 4CPMIE 17 Gunky Srrdh Assoriates 18. Indian Del is. PLC 20. Make Temnxna SIA 21. No%= InEr&Me iNW 22. Od and NaWral Gas ONGC 23 01kM Unded 24. Persia Nrrobonal Bank 25. NM,,hre CwVafff. Ltd 26. Pehieas de VerlezuBla JPMM Peddles 27. Sweeh AMza T k Co. SATOO 29. Shwdmg FIN CNC Machine CoTM. Ltd 29. 30 1 SKSVedums 31 1 Som Petrel AS 32. 1 butopMEMUtIparg List Date: January 30. 2017 To be completed and signed below. Return with Bid Prevailing Wages Certification It is the determination of the ESCNJ that this is a public works project that in total will exceed $2,000,00 (two thousand dollars), therefore prevailing wages rules and regulations apply as promulgated by the New Jersey Prevailing Wage Act and in conformance with N.J,S.A, 34:11-56:25. With the laws as they apply to the public agency. CERTIFICATION 1. 1 certify that our company understands that this project of the ESCNJ requires prevailing wages to be paid in full accordance with the law. 2. 1 further certify that all subcontractors named in this bid understand that this project requires the subcontractor to pay prevailing wages in full accordance with the law. NOTIFICATION OF VIOLATIONS — New Jersey Department of Labor Has the Bidder or any person having an "interest" with the Bidder, been notified by the New Jersey Department of Labor by notice issued pursuant to N.J,S,A, 34:11-56,37 that he/she has been in violation for failure to pay prevailing wages as required by the New Jersey Prevailing Wage Act within the last five (5) years? *Yes (m *If yes, please attach a signed document explaining any/or all administrative proceedings with the NJDOL within the last five (5) years, Please include any pending administrative proceedings with the NJDOL, if any. Name of Company Authorized Agent Authorized Signature C"f=*M7 Mber OZ53A Contractor's Registration Evidence RagmtrdtiOn Date, 0315'..R9§5 Exislralia7 Dale' W112IMB State of New Jersey Department of Labor and Workforce Development ❑]vislorl of Wage -and Hour Compiiancc Publ}c Works Contractor Registrabon Act Pursuant to U.S.A. 34:11.88.48, st seQ. Of the Public Works Contractor fteglsuatlon Act, this wrlificate of n_glalretlor` is Issued for PoI00849 of bldding On Ony C"IMMA for public work or For engaging In the performance of any public work tn- Respensib le Row suntatifto): Henry 5. Vronskl.k„ CEO Hrrvrd J. YYfrlhs, Cammriatiwrer ❑apartment dLebor and Workbroe Devc!opment t; 1 Thls certlfirale may no[ bE 1r8 nularrfd orlir1j ed a« d mny be revoked for ewte by the Ccrn"ss oner NON TRARVERABLE of Labor and WoNceae Nwlcpment- R n n 3y C' Y DEPARTMENT OF THE TREAsmv OTMIOM OF PROPERTY MANAGEMENT AND ODMSTIRUCTiQlti 33 W- STATE STREET PO BOIL Oil TR€MTOM, NEW JERSEY OW25-MU TOTAL AMOUNT OF UNCOMPLETED CONTRACTS REPLY TO, TEL (609) 943-MM FAX (909) 292-7651 (nxs f-- is to be used m h dye NOTICE OF CLASSiHGAVON when aebum0m b da htr the DeparMwit of Educa6aK) 1 Codify dhaf dire amoerg cPumm pteted wGrk crr onntrads is $ The arrwrrrf cWwedirci+dc+e uncau*w tee portions of air currMQY tmM ccrkracts hcrra of sounv (pubic andprwate) in acDorLWxx- w1h KJr+L C. t 7,49-213. t h�lrer ae►S7y i! the amount of bhis bid proposal trrc,4rdir4 a! autstarrd incompfrfr oarr6acts doea red exceed my pro vahita6ian ditr,frref Affdc a porate Seal hefe Sworn band subserbed helme me This 46yer 20 matwy Pubrw DIPMC 701 (3i13) By Rewect u ly sebrnit*d. twee M r wm momhwe Blrhleii AddrM STATEMENT OF OWNERSHIP DISCLOSURE N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal. Name of Organization:_____________________________________________________________ Organization Address:_____________________________________________________________ City, State, ZIP:__________________________________________________________________ Part I Check the box that represents the type of business organization: Sole Proprietorship (skip Parts II and III, execute certification in Part IV) Non-Profit Corporation (skip Parts II and III, execute certification in Part IV) For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership Limited Partnership Limited Liability Partnership (LLP) Other (be specific): ______________________________________________ Part II Check the appropriate box The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION) OR No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV) (Please attach additional sheets if more space is needed): Name of Individual or Business Entity Home Address (for Individuals) or Business Address Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed. Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed. Stockholder/Partner/Member and Corresponding Entity Listed in Part II Home Address (for Individuals) or Business Address Part IV Certification I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the ANYTOWN Board of Education is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with the Board of Education to notify the Board of Education in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the Board of Education to declare any contract(s) resulting from this certification void and unenforceable. Full Name (Print): Title: Signature: Date: This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal. CDW-G - AEPA 018A / KCDA Web Bid Posting Notice Public: I PurchaseTM , Ss(>cizition,fr Educational L. Addendum #mended change to Part C; see relloav highlight on page 2 of cart C. kep 11, 2017 2:15: 59 R4 aD [Track Changes] Bid IFB #018-A - Technology Catalog Oid Type IFB Bid Number 018-A Title Technology Catalog Stark Gate Aug 15, 2017 1:02:49 PM PDT End Gate Oct 9, 2017 10:30:00 AM PDT .Ll,genc,Y Association of Educational Purchasing Agencies Bid Contact Elmo Kallner (614) 579-2669 elmo.kallner@epcschools.org 26 Lakeland Court Etna, CH 43068 CDW-G - AEPA 018A / KCDA Bid Advertisement STATE OF WASHINGTON -- KING COUNTY --ss. 352798 No. KING CO DIRECTORS ASSOC KCDA Affidavit of Publication The undersigned, on oath states that he is an authorized representative of The Daily Journal of Commerce, a daily newspaper, which newspaper is a legal newspaper of general circulation and it is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in Seattle, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of this newspaper. The Daily Journal of Commerce was on the 121h day of June, 1941, approved as a legal newspaper by the Superior Court of King County. The notice in the exact form annexed, was published in regular issues of The Daily Journal of Commerce, which was regularly distributed to its subscribers during the below stated period. The annexed notice, a BCSB:CATALOG BIDS was published on 08/16/17 08/23/17 The amount of the fee charged for the foregoing publication is the sum of n2 ..00 which amount has been *d41 m '\ ER �3i'rr �����1+�]I Subscribed and s orn to before me on XV- Affidavit af•P licalion State of Washington, King County AEPA/KCDA Catalog Bids Bid Date: October 9 AEPA IFB #018 Notice to Bidders Sealed Bids will be received by the Association of Educational Purchasing Agencies (AEPA) on behalf of its Member Agencies until: 1:30 p.m. EST, Monday, October 9, 2017 For Catalog Bids: 018-A Technology Catalog,018-13 LED Lighting, 018-C Athletic Equipment and Supplies, 018-D Furniture and 018-E Maintenance, Repair & Operations (MRO). Each bid package consists of multiple parts: Part A —Terms and Conditions Part B — Specifications Part C — Member Agency (State) Terms and Conditions Bid Proposal Checklist Forms A - F All bids shall be submit- ted online via Public Purchase by the due date and time list- ed above. Note that Bidders must be able to provide their proposed products and servic- es in up to 26 states including California, Colorado, Connecticut, Florida, Indiana, Iowa, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, New Mexico, North Dakota, Ohio, Oregon, Pennsylvania, Texas, Virginia, Washington, West Virginia, Wisconsin and Wyoming. AEPA bid documents can be downloaded after registering, at no cost, on Public Purchase at www.publicpurchase.com. AEPA and/or the respective Member Agencies reserve the right to reject any or all bids in whole or in part; to waive any formalities or irregularities in any bids, and to accept the bids, which in its discre- tion, within state law, are for the best interest of any of the AEPA Member Agencies and/or their Participating Entities. Bids will be opened and an opening record will be posted to Public Purchase. Bids will be publicly opened at 1:30 PM EST on October 9, 2017, at Oakland Schools, 2111 Pontiac Lake Road, Waterford, MI. Dates of publication in the Seattle Daily Journal of Commerce, August 16 and 23, 2017. 8/23L62798