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HomeMy WebLinkAboutCity Council Committees - Committee of the Whole - 05/21/2024 KENT CITY COUNCIL • COMMITTEE OF THE WHOLE KENT Tuesday, May 21, 2024 W A S H IN G T O N 4:00 PM Chambers A live broadcast is available on Kent TV21, www.facebook.com/CitvofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, dial 253-215-8782 or 253-205-0468 Enter Meeting ID: 87459075269 Join the meeting Mayor Dana Ralph Council President Satwinder Kaur Councilmember Bill Boyce Councilmember Marli Larimer Councilmember John Boyd Councilmember Zandria Michaud Councilmember Brenda Fincher Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. DEPARTMENT PRESENTATIONS Operations—Council President Kaur, Subject Matter Chair A. Approval of Minutes YES i. Committee of the Whole - Committee of the Whole - Regular Meeting - May 7, 2024 4:00 PM B. Payment of Bills - Approve YES Michelle Ferguson 01 MIN. C. Consolidating Budget Adjustment YES Michelle Ferguson 05 MIN. Ordinance for Adjustments between January 1, 2024, and March 31, 2024 - Adopt Committee of the Whole Committee of the Whole - May 21, 2024 Regular Meeting Parks-Councilmember Michaud, Subject Matter Chair D. Cooperative Purchasing YES Will Moore 10 MIN. Agreement for Janitorial Supplies - Authorize Public Works-Councilmember Fincher, Subject Matter Chair E. Goods and Services Agreement YES Sean Girvan 05 MIN. with TriVan Truck Body, LLC - Authorize F. Consultant Services Agreement YES Eric Conner 05 MIN. with TranTech Engineering, LLC for the Green River Bridge on Meeker Street - Authorize G. Inter-Governmental Agreement YES Mike Mactutis 05 MIN. with Drainage District #1 for the Mill Creek Reestablishment Project - Authorize S. ADJOURNMENT Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of each month. Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to be admitted into the record,written comments shall be submitted not less than three hours prior to the start of the Committee of the Whole meeting to Cityclerk@kentwa.gov, unless a person appears in-person, in which case, the written comments will be handed to the City Clerk and will be admitted into the record of the Committee of the Whole meeting. For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or email CityClerk@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1. 4.A.1 Pending Approval Kent City Council - Committee • of the Whole KENT Committee of the Whole - WAS M IN G 7 0 N Regular Meeting Minutes May 7, 2024 Date: May 7, 2024 Time: 4:00 p.m. Place: Chambers a� 1. CALL TO ORDER c Councilmember Boyce called the meeting to order. - 2. ROLL CALL P a Attendee Name Title Status Arrived a Satwinder Kaur Council President Late 4:06 PM Bill Boyce Councilmember Present a 0 John Boyd Councilmember Present Brenda Fincher Councilmember Present N Marli Larimer Councilmember Present N Zandria Michaud Councilmember Present Toni Troutner Councilmember Present 3. AGENDA APPROVAL y as A. I move to approve the agenda as presented. ER SULT: MOTION PASSES [UNANIMOUS] MOVER: Marli Larimer, Councilmember Q. SECONDER: Toni Troutner, Councilmember AYES: Boyce, Boyd, Fincher, Larimer, Michaud, Troutner a a� 4. DEPARTMENT PRESENTATIONS g 1. Approval of Minutes YES i. Committee of the Whole - Committee of the Whole - Regular Meeting - Apr 16, 2024 4:00 PM Packet Pg. 3 4.A.1 Kent City Council - Committee of the Whole May 7, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: APPROVED [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Boyce, Boyd, Fincher, Larimer, Michaud, Troutner 2. Payment of Bills - Approve MOTION: I move to approve the payment of bills. a� RESULT: MOTION PASSES [UNANIMOUS] Next: 5/21/2024 7:00 PM c MOVER: Marli Larimer, Councilmember SECONDER: Toni Troutner, Councilmember 0 AYES: Boyce, Boyd, Fincher, Larimer, Michaud, Troutner o L Q 3. INFO ONLY: March 2024 Financial Report a Financial Planning Manager Michelle Ferguson presented the March 2024 a Financial Report. o 0 Sales Tax revenue is coming in lower than 2023, but that was anticipated N and the 2024 budget was adjusted accordingly. N ti Utility Tax revenue is higher than budget and water, sewer, garbage revenues are coming in strong. 4- 0 0 General Fund revenues are higher than budget. c Ferguson explained the insurance fund revenues and the increased transfers that will cover the increased expenses. 4. Ordinance Amending Chapter 3.70 of the Kent City Code Relating to the Small Works Roster Process — Adopt a Assistant City Attorney Logan Todd provided an overview of the Ordinance amending Kent City Code Chapter 3.70 to implement recent changes to state law regarding the process by which a city can use a small works roster for public works procurement. Todd explained what the small works roster is and how it is utilized. This Ordinance expands the number of contractors that must be contacted to award a small works project. Under the new state law, the City will need to notify all contractors on the applicable roster that have indicated interest in performing work in the applicable geographical area before awarding a project. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 8 Packet Pg. 4 4.A.1 Kent City Council - Committee of the Whole May 7, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes The second main change establishes a process where public works under $150,000 can now be awarded directly to certain contractors, with a focus on small businesses. More specifically, the City can directly negotiate, and then contract, with any small business where there are six or more small businesses on the applicable roster. When there are five or less small businesses on the applicable roster, the City can then directly contract with any contractor, regardless of size. To ensure compliance with state law, City staff will develop a publicly y available small business rotation policy, as well as a small, minority, women, and veteran-owned business utilization plan. MOTION: I move to adopt Ordinance No. 4489, amending o Chapter 3.70 of the Kent City Code to implement changes to the small works roster process previously adopted by the o Washington State Legislature, which take effect on July 1, a 2024. a RESULT: MOTION PASSES [UNANIMOUS] Next: 5/21/2024 7:00 PM o MOVER: Marli Larimer, Councilmember SECONDER: Zandria Michaud, Councilmember c AYES: Boyce, Boyd, Fincher, Larimer, Michaud, Troutner N ti 5. Appointment to the Lodging Tax Advisory Committee - Confirm Economic Development Project Manager Michelle Wilmot provided details on the appointment to the Lodging Tax Advisory Committee. Wilmot provided an overview of committee members and the work of the committee. Andrew Hutchison, General Manager of the Best Western Plus Plaza by the Green retired as of April 12, 2024. He ably served the Lodging Tax Advisory 2 aL committee since 2007. a Jim Moran is the new General Manager of the Best Wester Plus Plaza by the Green and has agreed to assume the committee position vacated by Mr. Hutchison for the remainder of Mr. Hutchison's term which ends April 23, 2025. MOTION: I move to confirm the appointment of Jim Moran to fill the position vacated by Andrew Hutchison, a member representing the hotel industry, to the Lodging Tax Advisory Committee for a term expiring April 3, 2025. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 3 of 8 Packet Pg. 5 4.A.1 Kent City Council - Committee of the Whole May 7, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: MOTION PASSES [UNANIMOUS] Next: 5/21/2024 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner 6. Ordinance Revising KCC 2.60 Relating to the Framework of the Parks Commission - Adopt Parks, Recreation and Community Services Director Julie Parascondola provided details on the Ordinance Amending Chapter 2.60 of the Kent City code relating to the Parks and Recreation Commission. 4- 0 Parks is proposing a change to the operating structure of the Parks and Recreation Commission, to offer a more immersive experience into Kent o Parks operations. This change requires a minor adjustment to KCC 2.60 a Parks and Recreation Commission, specifically reducing the frequency of a monthly meetings from 12 times per year to 4 times per year. Additionally, it a includes the implementation of background checks for commission members. o 0 Under this proposed structure, Parks Commission members will volunteer N their time during non-meeting months to work alongside Kent Parks staff in N program areas of their choice. This hands-on approach will provide commission members with a deeper understanding of park operations while allowing them to contribute directly to the enhancement of our parks and 4- recreational facilities. a� r MOTION: I move to adopt Ordinance No. 4490, which amends Chapter 2.60 of the Kent City Code to revise the duties, responsibilities, and expectations applicable to the City's Parks and Recreation Commission members. a a� RESULT: MOTION PASSES [UNANIMOUS] Next: 5/21/2024 7:00 PM MOVER: Zandria Michaud, Councilmember N SECONDER: Marli Larimer, Councilmember 2 AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner 7. Canyon Ridge Lighting — Kent School District Interlocal Agreement - Authorize Deputy Parks, Recreation and Community Services Director Brian Levenhagen provided the Council with details on the Interlocal Agreement with the Kent School District relating to the lighting at Canyon Ridge Middle School. Kent Parks and the Kent School District have a partnership going back over 40 years that has allowed both agencies to better serve the community's ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 4 of 8 Packet Pg. 6 4.A.1 Kent City Council - Committee of the Whole May 7, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes recreation needs. Kent Parks identified a need for additional multi-use athletic field space in the 2022 Park and Open Space Plan. Kent School District recently built a new synthetic turf athletic field at Canyon Ridge Middle School. Kent School District's and Kent Park's primary need for field time at this facility does not overlap. Kent Park's primary need for field time extends past dusk much of the year. This new interlocal agreement allows Kent Parks to install lighting around the Canyon Ridge Middle School in exchange for field time in the evenings and on y the weekends when the field is not needed for district events. The shared use r of this site will result in operating efficiencies and capital savings that will benefit Kent residents. 4- 0 MOTION: I move to authorize the Mayor to sign the interlocal agreement with the Kent School District for athletic field o lighting and joint synthetic turf field use at Canyon Ridge a Middle School, subject to terms and conditions acceptable to a the Parks Director and City Attorney. a 0 RESULT: MOTION PASSES [UNANIMOUS] Next: 5/21/2024 7:00 PM MOVER: Zandria Michaud, Councilmember N 0 SECONDER: Marli Larimer, Councilmember N AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner S. INFO ONLY: Kent Laboratory Academy - School's Out Park 0 Program a 0 Levenhagen provide information to the Council regarding the Kent Laboratory Academy - School's Out Park Program. This partnership between Kent Parks and the Kent School District will open up school grounds at Kent Laboratory Academy to the public when school is not in session in an area of Kent shown 2 to be underserved in the 2022 Park and Open Space Plan. 9. Washington Association of Sheriffs and Police Chiefs Body a Worn Camera Grant Program - Authorize 2 Commander Armstrong provided the Council with details on the grant received from the Washington Association of Sheriffs and Police Chiefs. The State Legislature allocated $1.6 million to the Washington Association of Sheriffs and Police Chiefs for the 2023-2025 biennium, to be distributed to local law enforcement agencies for establishing and expanding body-worn camera programs. The Kent Police Department Correctional Facility was awarded $135,628.05 on January 30, 2024, as part of the BWC grant program. These grant funds ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 5 of 8 Packet Pg. 7 4.A.1 Kent City Council - Committee of the Whole May 7, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes will allow the Correctional Facility to purchase 21 BWC for jail staff for a five- year term. The funding cycle for the grant program is January 1 - June 30, 2024, which means all BWCs must be purchased by June 30, 2024. The City will purchase the 21 BWC through an Amendment to the existing Master Services and Purchasing Agreement with Axon Enterprise, Inc., and then submit a Grant Report with a completed and signed invoice for reimbursement by July 15, 2024, pursuant to the terms and conditions of the interagency agreement. a� MOTION: I move to accept grant funds from the Washington Association of Sheriffs and Police Chiefs for body-worn cameras at the jail, amend the budget, authorize expenditure of the — grant funds, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to 0 the City Attorney and Police Chief. a a RESULT: MOTION PASSES [UNANIMOUS] Next: 5/21/2024 7:00 PM a MOVER: Bill Boyce, Councilmember o SECONDER: John Boyd, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner o N 10. Ordinance Amending Chapter 9.02 of the Kent City Code - Adopt 4- Assistant City Attorney Victoria Robben provided details on the Ordinance amending Chapter 9.02 of the Kent City Code relating to crimes adopted by 2 the City. Cities have the responsibility to enforce and prosecute misdemeanor and gross misdemeanor crimes that occur within their respective city limits. a However, the city of Kent can only enforce and prosecute through its Municipal Court those crimes or civil infractions that Kent has expressly a adopted by ordinance. While Kent has adopted some Kent-specific crimes, the majority of its criminal code is adopted by reference to state crimes and enacted by the state Legislature over the years. During its 2024 session, the state Legislature adopted a number of new laws which establish new crimes and civil infractions. Through Section 9.02.020, the Kent City Code has adopted nearly all misdemeanors, gross misdemeanors, and Class C felonies contained in the Revised Code of Washington ("RCW"). To provide clarity as to new crimes that didn't previously exist, the Kent City Code is being amended to specifically name new state law provisions. Other misdemeanor crimes not previously adopted by specific reference have also been incorporated into the ordinance and references to repealed sections of the RCW have been removed. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 6 of 8 Packet Pg. 8 4.A.1 Kent City Council - Committee of the Whole May 7, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... Because several of these new laws go into effect on June 6, 2024, this Ordinance is proceeding to Committee of the Whole and Council on the same night - May 7, 2024. MOTION: I move to adopt Ordinance No. 4488, amending Chapter 9.02 of the Kent City Code to incorporate new crimes adopted by the state during the 2024 legislative session. RESULT: MOTION PASSES [UNANIMOUS] Next: 5/7/2024 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember 4- AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner 0 �a 11. Ordinance Amending Chapter 9.38 Related to Parking - Adopt a a MOTION: I move to adopt Ordinance No. 4491, amending two a sections of Chapter 9.38 of the Kent City Code, related to parking. o 0 RESULT: MOTION PASSES [UNANIMOUS] Next: 5/21/2024 7:00 PM N MOVER: Brenda Fincher, Councilmember N SECONDER: Toni Troutner, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner 4- 0 12. INFO ONLY: 2025-2030 Six-Year Transportation Improvement r Program Transportation Planner David Paine presented the Council on the Kent Transportation Improvement Program that represents the City's proposed transportation improvement work program for the next six years. Paine a detailed the projects removed and added for the 2025-2030 plan. The TIP is required to be consistent with the Kent Transportation Master Plan as an a element of the City's Comprehensive Plan, with projects nominated from the TMP or included by other agencies. c Including projects in the TIP allows the City to coordinate with other agencies, seek input from the public, search for funding partners, and apply for grants. Most State and Federal agencies require projects being submitted for grants be included in the City's adopted TIP. Staff will note completed projects proposed to be removed from the TIP, and provide context and considerations for this year's update, including grants. Continuing from the March 19th, 2024 Committee of the Whole meeting, an interactive GIS StoryMap is available for public outreach and feedback on the proposed TIP in addition to the Draft TIP document. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Page 7 of 8 Packet Pg. 9 4.A.1 Kent City Council - Committee of the Whole May 7, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... State law requires the City to hold a public hearing before adopting the TIP. This public hearing will be held on May 21, 2024, at the regularly scheduled City Council meeting. S. ADJOURNMENT Council President Kaur adjourned the meeting. Meeting ended at 5:13 p.m. KL*d�erley A. Ko-ww-to- 0 City Clerk o L Q Q a a 0 0 v N O N ti O N N a+ 3 C O C� C r+ N V C) Q N d 7 C ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Page 8 of 8 Packet Pg. 10 4.6 FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5264 DATE: May 21, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Payment of Bills - Approve MOTION: I move to approve the payment of bills. SUMMARY: BUDGET IMPACT: SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Packet Pg. 11 4.0 FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South \117KENT Kent, WA 98032 W A S ENT N G T O N 253-856-5264 DATE: May 21, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments between January 1, 2024, and March 31, 2024 - Adopt MOTION: I move to adopt Ordinance No. 4492, consolidating budget adjustments made between January 1, 2024, and March 31, 2024, reflecting an overall budget increase of $15,817,550. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $15,817,550. Adjustments totaling $15,740,020 have previously been approved by Council and are summarized as follows: $11,304,120 in grants as follows: • $7,305,020 in WSDOT Grants for 76th Avenue South ($5m), Panther Lake Library Signal ($875k), 108th Avenue SE/264th Roundabout ($709k), SR99 Pedestrian Hybrid Beacon ($559k) and Commute Trip Reductions ($162k). • $3,000,000 Transportation Improvement Board Grant for 76th Avenue South. • $455,520 KC Parks Levy Grant for Boeing Rock enhancements. • $162,500 Periodic Update Grant for the City's Comprehensive Plan. • $130,000 Department of Ecology Grant for water quality stormwater capacity. • $110,000 WA DOC Grant for the Community Immersion Law Enforcement Program. • $75,000 Commerce Middle Housing Grant. • $66,490 in miscellaneous Criminal Justice traffic grants. • $(410) reduction for unspent funds from the KC Green River Watershed Grant. $4,435,900 in carryforward budgets that were previously authorized in 2023: • $3,788,510 of Fleet ($2.7m), Police ($925k) and Parks ($150k) vehicles ordered but not delivered. • $317,220 of Human Services Agency budgets for various programs per ordinance. • $100,000 of Human Services budget for an ARPA-funded consultant. • $82,500 for the carryforward ($41,250) and transfer ($41,250) of Golf Legal Packet Pg. 12 4.0 Fees. • $71,600 for Phoenix Court Legal Fees. • $63,270 of Facilities budgets. • $12,800 of Parks General Fund carryforward budgets. The remaining adjustments totaling $77,530 have not been previously approved by Council and include: • $75,000 for the cleanup of environmental areas along the Green River. • $38,070 for the placement of logs along Green River Road. • $(35,540) for the true up and movement of PEG Fees from IT to other capital projects. BUDGET IMPACT: These expenditures are funded by grants, existing fund balance, or other new revenues. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. 4492 - Budget Adjustment Q1 2024 Ordinance Q1 2024 Supp (PDF) Packet Pg. 13 4.C.a c d E r Q L 0 0 V ORDINANCE NO. 4492 L O r E AN ORDINANCE of the City Council of the City of Kent, Washington, approving the Q consolidating budget adjustments made between January 1, 2024 and March 31, 2024, reflecting an -a overall budget increase of $15,817,550. m a� c 0 RECITALS 0 U A. Expenditures as classified in the final, adopted budget CD constitute the City's appropriations for that year. After adoption, there are M a variety of events that will precipitate the need to amend the adopted a budget, such as grant awards, bonds issuance, collective bargaining N agreements, and additional budget requests. These modifications are N periodically consolidated into a supplemental budget adjustment ordinance cY a) U amending the original adopted budget. L O NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, N 0 WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Cl c as ORDINANCE E 0 Z �a SECTION 1. - Budget Adjustments. The 2023-2024 biennial budget Q a is amended to include budget fund adjustments for the first quarter of 2024 ; m from January 1 to March 31, 2024, as summarized and set forth in Exhibit N on A, which is attached and incorporated into this ordinance. Except as r c 1 2023-2024 Budget Adjustment E First Quarter 2024 0 a Packet Pg. 14 4.C.a amended by this ordinance, all terms and provisions of the 2023-2024 (E biennial budget Ordinance No. 4451, as amended by Ordinance Nos. 4465, U) 4472, 4475, 4479 and 4481, shall remain unchanged. a 0 m SECTION 2. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance a� and the same shall remain in full force and effect. E SECTION 3. - Corrections by City Clerk or Code Reviser. Upon a a� approval of the City Attorney, the City Clerk and the Code Reviser are -a authorized to make necessary corrections to this ordinance, including the c correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. N c 0 U SECTION 4. - Effective Date. This ordinance shall take effect and be in force five days after publication, as provided by law. a a June 4, 2024 N 0 DANA RALPH, MAYOR Date Approved CY a� c ATTEST: c L O I* June 4, 2024 N KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted C� June 7, 2024 Date Published E �a Q APPROVED AS TO FORM: 5 m N TAMMY WHITE, CITY ATTORNEY r c 2 2023-2024 Budget Adjustment E First Quarter 2024 r r a Packet Pg. 15 4.C.a Exhibit A City of Kent Budget Adjustment Ordinance Lo Adjustments January 1, 2024 to March 31, 2024 a L O Total d Fund Title Previously Approval Adjustment Approved Requested c Ordinance :a General Fund 692,870 63,070 755,940 pL Street Fund 161,600 - 161,600 Capital Improvement Fund 237,500 - 237,500 E Criminal Justice Fund 1,102,040 (350,000) 752,040 0 Human Services Fund - 50,000 50,000 Q Street Capital Projects Fund 10,143,420 184,290 10,327,710 Parks Capital Projects Fund - (184,290) (184,290) Other Capital Projects - 19,810 19,810 00 a� Technology Capital Projects - (55,350) (55,350) S Facilities Capital Projects - 350,000 350,000 -a Drainage Operating Fund 585,110 - 585,110 Golf Operating Fund 41,250 - 41,250 v Fleet Services Fund 2,712,960 - 2,712,960 Facilities Management Fund 63,270 - 63,270 C Total 15,740,020 77,530 15,817,550 a a N O N CY N V C C L 0 V N O N T- CY r C d E N 3 .a Q d 7 m N Cn V r C E L V a Packet Pg. 16 4.C.a Budget Adjustment Detail for Budget Changes rn January 1, 2024 to March 31, 2024 E Approval Previously Not Previously Total +' N Date or Approved by Approved by Adjustment 7 Other Fund Council Council Ordinance Q General Fund O Reallocate ANEW ARPA funds to Human Services 1800 (50,000) (50,000) Green River Levee Maintenance 75,000 75,000 C� Green River Log Placement 38,070 38,070 Human Services carryforward for ARPA Consultant 2023 100,000 100,000 E Phoenix Court Legal Fees carryforward 2023 71,600 71,600 13 Parks vehicle carryforward for 2 vehicles 2023 150,000 150,000 O Human Services carryforward for various programs per ordinance 2023 317,220 317,220 Parks other miscellaneous carryforwards 2023 12,800 12,800 O Golf Legal Fees carryforward transfer to Golf Fund 2023 41,250 41,250 N Total General Fund 692,870 63,070 755,940 Street Fund Q WSDOT Commute Trip Reduction Grant 2/6/2024 161,600 161,600 d Total Street Fund 161,600 - 161,600 7 Capital Improvement Fund m Comprehensive Plan PUG Grant- Part 1 12/13/2022 162,500 162,500 Commerce Middle Housing Grant KCC 3.7 75,000 75,000 Total Capital Improvement Fund 237,500 - 237,500 O Criminal Justice Fund N C Fleet PD Vehicle carryforward 2023 925,550 925,550 O WA DOC Community Immersion Law Enforcement Grant 11/7/2023 110,000 110,000 V Walker/Roller Grant KCC 3.7 42,960 42,960 0 KC Distracted Driving Grant KCC 3.7 8,640 8,640 0) Target Zero Traffic Grant KCC 3.7 8,890 8,890 M WASPC Traffic Equipment Grant KCC 3.7 6,000 6,000 Movement of Firing Range funding to Facilities Capital Projects 3500 (350,000) (350,000) Q Total Criminal Justice Fund 1,102,040 (350,000) 752,040 :3 07 le Human Services Fund cV Reallocate ANEW ARPA funds from General Fund 1000 50,000 50,000 N Total Human Services Fund - 50,000 50,000 Street Capital Projects Fund v Hogan Park overlay reimbursement from Parks 3200 184,290 184,290 WSDOT grant funding for 108th Avenue SE/264th Roundabout 3/2/2021 709,000 709,000 WSDOT grant funding for Panther Lake Library Signal 9/6/2022 875,420 875,420 WSDOT grant funding for SR99 Pedestrian Hybrid Beacon 7/18/2023 559,000 559,000 0 WSDOT grant funding for 76th Avenue South 7/18/2023 5,000,000 5,000,000 N Transportation Improvement Board Grant for 76th Avenue South 12/12/2023 3,000,000 3,000,000 O Total Street Capital Projects Fund 10,143,420 184,290 10,327,710 N r C Parks Capital Projects Fund d Hogan Park overlay reimbursement to Streets Capital 3100 (184,290) (184,290) E Total Parks Capital Projects Fund - (184,290) (184,290) 7 Other Capital Projects Q True up 2023 PEG Fees revenue to actuals 75,160 75,160 True up and close Technology PEG Project 3400 (55,350) (55,350) tM Total Other Capital Projects - 19,810 19,830 13 7 0] Technology Capital Projects ' True up&close IT PEG Project and move to Other Capital Projects 3300 (55,350) (55,350) � Total Technology Capital Projects - (55,350) (55,350) Facilities Capital Projects O Movement of Firing Range funding from Criminal Justice Fund 1600 350,000 350,000 E Total Facilities Capital Projects - 350,000 350,000 M Q Packet Pg. 17 4.C.a Budget Adjustment Detail for Budget Changes January 1, 2024 to March 31, 2024 E Approval Previously Not Previously Total to Date or Approved by Approved by Adjustment 7 Other Fund Council Council Ordinance 'Z3 Q Drainage Operating Fund L O KC Parks Levy Grant for Boeing Rock enhancements 2/6/2024 455,520 455,520 d Department of Ecology Grant for water quality stormwater capacity 2/6/2024 130,000 130,000 U True up unspent grant funds 1/16/2018 (410) (410) O Total Drainage Operating Fund 585,110 - 585,110 E L Golf Operating Fund 0 Golf Legal Fees carryforward 2023 41,250 41,250 Total Golf Operating Fund 41,250 - 41,250 d E Fleet Services Fund to 3 Fleet Carryforwards 2023 2,712,960 2,712,960 'a Total Fleet Services Fund 2,712,960 - 2,712,960 Q r� N Facilities Management Fund Portable Backup Power carryforward 2023 53,270 53,270 AED Purchase carryforward 2023 10,000 10,000 m Total Facilities Management Fund 63,270 - 63,270 C Grand Total All Funds 15,740,020 77,530 15,817,550 O O to C O U rn rn rn M Q IZ 7 N N O N 0 N V C f0 C E L C) Iq N O N r C d E N 3 .a Q d 7 m N On V r C O E L V O a Packet Pg. 18 4.D PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Julie Parascondola, CPPO, Director • KENT 220 Fourth Avenue South WASHINGTON Kent, WA 98032 253-856-5100 DATE: May 21, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Cooperative Purchasing Agreement for Janitorial Supplies — Authorize MOTION: I move to authorize the Parks Department to purchase office custodial supplies through Network Distribution's Cooperative Purchasing Agreement through Omnia Partners within budgets previously established and approved by Council and within the term of agreement, including any extensions. SUMMARY: Omnia Partners is a cooperative purchasing organization for public sector procurement. The City of Kent is a member agency, allowing it to utilize contracts procured through Omnia. Through the purchasing cooperative, a public agency competitively bids and negotiates a master agreement to be used by that lead public agency and all other public agencies who are members of the purchasing cooperative. It is often more advantageous for the City to purchase through a cooperative as the purchasing power of the cooperative allows the lead public agency to receive more favorable terms and pricing, which are then passed on to member agencies. Staff requests that Council authorize purchases of janitorial supplies from Network Distribution on an as-needed basis, so long as those purchases are within established budgets and made during the term of the purchasing cooperative's agreement. Walter E. Nelson Company of Western Washington will serve as the local supplier, with payments being made to Network Distribution under the pricing in the cooperative agreement and all amendments. The cooperative agreement is currently in effect through January 31, 2025 and may be extended for two additional years beyond that date, for a maximum possible contract term of January 31, 2027. BUDGET IMPACT: $110,000.00 from custodial operation budget annually. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: Packet Pg. 19 4.D 1. FAC-OMNIA-Janitorial Supplies-Letter and Exhibits (PDF) Packet Pg. 20 4.D.a i c 0 w 0 OMNIA 1L P A R T N E R S L 0 0 Z July 24, 2019 m E a� To Whom It May Concern: Q Our records show that City of Kent is currently registered as a participating agency with OMNIA c Partners through the US Communities program as of 03/03/2006 and the National IPA/TCPN M program as of 5/21/2014/08/04/2011. 0 0 The OMNIA Partners Participation Number assigned to City of Kent is 1185766. Your dedicated Regional Manager is Shelley Andrews. Shelley may be reached at 509-998- 1503, or at shelley.andrews@omniapartners.com. a 0 0 Thank you for your participation with OMNIA Partners. v 0 Sincerely, r x w c L Bishop Theroff Manager, Member Services v, m Cc: Shelley Andrews, Region Manager, Northwest 0 r .E Q z r- O U a u_ r E 840 Crescent Centre Drive,Suite 600 Q Franklin,TN 37067 Packet Pg. 21 4.D.a i c 0 w 0 �L L 0 d Z cd C L Region 4 Education Service Center (ESC) .N Contract # R211301 IL for Cleaning Supplies, Breakroom and Related Products Q 0 with 0 0 Network Services Company x W Effective: February 1 , 2022 2 J N d .Q Q 3 R O r R Q Z r- O U a U- r E 0 a Packet Pg. 22 4.D.a The following documents comprise the executed contract between the Region 4 Education Service Center and Network Services Company, w effective February 1 , 2022: .L L I. Vendor Contract and Signature Form II. Supplier's Response to the RFP, incorporated by reference z E L Q .N V L IL a� R L aD a O O U 0 0 v r t x w c L J N d .Q Q 3 R O r R Q Z O U a U- r E V a Packet Pg. 23 4.D.a CONTRACT i c 0 :r This Contract ("Contract') is made as of February 1, 2022 by and between Network Services ("Contractor') and Region 4 Education Service Center ("Region 4 ESC') for the purchase of y Cleaning Supplies, Breakroom and Related Products ("the products and services'). o Y L 0 3 m z RECITALS 3 WHEREAS, Region 4 ESC issued Request for Proposals Number 21-13 for Cleaning Supplies, c Breakroom and Related Products ("UP"), to which Contractor provided a response ("Proposal"); E and L WHEREAS, Region 4 ESC selected Contractor's Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; y WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at a 7145 West Tidwell Road, Houston, TX 77092. > �a L WHEREAS, Contractor included, in writing, any required exceptions or deviations from a these terms, conditions, and specifications; and it is further understood that, if agreed to by °o Region 4 ESC, said exceptions or deviations are incorporated into the Contract. 0 WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth y below and those contained in any attachment, the provisions set forth below shall control. WHEREAS, the Contract will provide that any state and local governmental entities, public w and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies") may purchase products and services at prices indicated in the Contract upon the Public Agency's registration with OMNIA Partners. 1) Term of agreement. The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the a right to renew the Contract for two (2) additional one-year periods or portions thereof. Region a 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC's intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days' (365) notice to Region 4 ESC. Notwithstanding the expiration of the o initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this g Agreement. z 0 The anticipated full term of the contract is five (5) years. The Contractor shall have the right a to enter local "service" agreements with Participating Public Agencies accessing the contract U_ through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any E combination of initial and renewal periods) not to exceed five years. Any tasks or project ca CONTRACT a 1 Packet Pg. 24 4.D.a agreements executed against this Master Agreement during the effective term may survive i beyond the expiration of the Master Agreement as established and agreed to by both parties. .2 c 2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this @ agreement, and described in the RFP, incorporated herein by reference as though fully set n forth herein. o Y L 3) Form of Contract. The form of Contract shall be the RFP, the Offeror's proposal and Best and 3 Final Offer(s). z z 4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted 3 by Region 4 ESC, the following order of precedence shall prevail: as i. This Contract ii. Offeror's Best and Final Offer iii. Offeror's proposal Q iv. RFP and any addenda .y 5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. . 6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other o agreements or representations that materially alter it are acceptable. 0 7) Assignment of Contract. No assignment of Contract may be made without the prior written CD approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor 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 w this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. as r 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC. 0. 10)Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to U) sell under the Contract without notification and prior written approval from Region 4 ESC. L Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers a must also be less than or equal to the Contractor's pricing. Z 2 11)TERMINATION OF CONTRACT C? U Q a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12-month period. Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to E failure by Contractor to carry out any obligation, term or condition of the contract. Region CONTRACT Q 2 Packet Pg. 25 4.D.a 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any i of the following: .2 c i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; y iii. Failing to adequately perform the services set forth in the scope of work and o specifications; L iv. Failing to complete required work or furnish required materials within a reasonable ° amount of time; v. Failing to make progress in performance of the Contract or giving Region 4 ESC Z reason to believe Contractor will not or cannot perform the requirements of the Contract; or 3 vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order. E as a� Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a a satisfactory response to Region 4 ESC. 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 o Contract shall immediately become the property of Region 4 ESC. 2 b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely a manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective a, by delivery of notice, to the Contractor, specifying the effective date of termination. In such o event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the c satisfactory work completed on such documents. c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall w constitute grounds for the Contract to be terminated. In the event Region 4 ESC must LU purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred. as r d) Force Maieure. If by reason of Force Majeure, either party hereto shall be rendered unable J wholly or in part to carry out its obligations under this Agreement then such party shall N give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of a the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter - provided, but for no longer period, and such party shall endeavor to remove or overcome o such inability with all reasonable dispatch. c The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the g United States or the State of Texas or any civil or military authority; insurrections; riots; Z epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; p droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having a the difficulty, and that the above requirement that any Force Majeure shall be remedied E with all reasonable dispatch shall not require the settlement of strikes and lockouts by CONTRACT a 3 Packet Pg. 26 4.D.a acceding to the demands of the opposing party or parties when such settlement is i unfavorable in the judgment of the party having the difficulty. c e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other •L party receives the notice of cancellation. After the 30th business day all work will cease y following completion of final purchase order. a Y L 0 12)Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds 3 and permits required for the operation of the business conducted by Contractor. Contractor Z shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop 3 work and/or cancel the Contract if Contractor's license(s) expire, lapse, are suspended or terminated. E as as 13)Survival Clause. All applicable software license agreements, warranties or service a agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All y Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract. a 14)Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shipping a time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be °o included in all pricing offered unless otherwise clearly stated in writing. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may c make the determination to return the material to the Contractor at no cost to Region 4 ESC. The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. x LU 16)Payments. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. o L 17)Price Adiustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be N notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid a without prior approval. All price increases must be supported by manufacturer documentation, rn or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC. It is the Contractor's responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor's proposal. g z 2 Price reductions may be offered at any time during Contract. Special, time-limited reductions o are permissible under the following conditions: 1) reduction is available to all users equally; 2) a reduction is for a specific period, normally not less than thirty (30) days; and 3) original price U_ is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price c reduction during the Contract term. E ca CONTRACT a 4 Packet Pg. 27 4.D.a 18)Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all i purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC c reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority n to conduct random audits of Contractor's pricing at Region 4 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing o being offered that is materially inconsistent with the pricing under this agreement, Region 4 3 ESC shall have the ability to conduct an extensive audit of Contractor's pricing at Contractor's z sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- party auditing firm. In the event of an audit, the requested materials shall be provided in the 3 r format and at the location designated by Region 4 ESC. E 19)Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor a may substitute a new product or model if the replacement product meets or exceeds the Q specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model. 20)New Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other a products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than a the original discount, and if the products meet the requirements of the Contract. No products a and/or services may be added to avoid competitive procurement requirements. Region 4 ESC °o may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject o any additions without cause. 21)Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves w performance or reliability. 22)Warranty Conditions. All supplies, equipment and services shall include manufacturer's ; minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in (D writing. 0. 23)Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good rn repair and an orderly, neat, clean, safe and unobstructed condition. •L 24)Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: g moving furniture, installing wiring for networks or power, and similar pre-installation 2 requirements. C? U Q 25)Registered Sex Offender Restrictions. For work to be performed at schools, Contractor U_ agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably E expected to be present. Contractor agrees a violation of this condition shall be considered a ca CONTRACT Q 5 Packet Pg. 28 4.D.a material breach and may result in the cancellation of the purchase order at Region 4 ESC's i discretion. Contractor must identify any additional costs associated with compliance of this c term. If no costs are specified, compliance with this term will be provided at no additional charge. •L r N 26)Safety measures. Contractor shall take all reasonable precautions for the safety of employees a on the worksite and shall erect and properly maintain all necessary safeguards for protection o of workers and the public. Contractor shall post warning signs against all hazards created by 3 its operation and work in progress. Proper precautions shall be taken pursuant to state law Z and standard practices to protect workers, general public and existing structures from injury or damage. 3 r c 27)Smoking. Persons working under the Contract shall adhere to local smoking policies. E Smoking will only be permitted in posted areas or off premises. (D 28)Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, 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 Region 4 ESC prior to payment. Such materials must be 2 stored and protected in a secure location and be insured for their full value by the Contractor a against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request.Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be a allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, 0 0 as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. CD 29)Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC's current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the w Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract. 0 L r 30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its J administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract. a Any litigation involving either Region 4 ESC, its administrators and employees and agents will rn be in Harris County, Texas. L 31)Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must g have prior approval from Region 4 ESC. 2 O 32)Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC a prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten U- (10) days' notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. E ca CONTRACT a 6 Packet Pg. 29 4.D.a 33)Legal Obligations. It is Contractor's responsibility to be aware of and comply with all local, i state, and federal laws governing the sale of products/services and shall comply with all laws c while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein. r N a Y L 0 3 m z z 3 r c m E as a� L Q .y R t V L a a� ca L Q 0 0 U 0 0 .r t K Uj c L r Y J N d .Q Q 3 U) R L Q Cz C 0 U Q U- c E t ca CONTRACT Q 7 Packet Pg. 30 4.D.a i c OFFER AND CONTRACT SIGNATURE FORM r The undersigned hereby offers and, if awarded, agrees to furnish goods and/or services In strict compliance with the terms, specifications and conditions at the prices proposed within response o unless noted in writing. L Network Saroiees Company 0 Company Name z Address 1100 E.Woodfield Road.suite zoo 3 WState/rp SeMurntwrg,it 801?3 Telephone No. sza..3e1.2z7a E L deeko®netwroWlstrfbution.com Email Address a, C Printed Name DenimCeko Tits Tnmurar 3 Corporate Counsel a a� Authorized signature Daniel Ceko - - >_ �a L Accepted by Region 4 ESC: c 0 Contract No. R211301 CD Initial Contract Term 02/01/2022 to 01/31/2025 N &44L 10/26/2021 -2 Region 4 ESC Authorized Board Member Date w Margaret S. Bass L Print Name 2 as 10/26/2021 J Region 4 ESC Authorized Board Member Date a Linda F. Tinnerman rn Print Name `o .E �a Q z 2 O U Q u- s= d E t to Q Packet Pg. 31 4.D.a Annendix B i c TERMS & CONDITIONS ACCEPTANCE FORM c ° Signature on the Offer and Contract Signature form certifies complete acceptance of the terms y and conditions in this solicitation and draft Contract except as noted below with proposed o substitute language (additional pages may be attached, if necessary). The provisions of the L RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal ° is returned with modifications to the draft Contract provisions that are not expressly approved in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail. z Check one of the following responses: as ❑ Offeror takes no exceptions to the terms and conditions of the RFP and draft Contract. a� L (Note: If none are listed below, it is understood that no exceptions/deviations are taken.) Q c X Offeror takes the following exceptions to the RFP and draft Contract. All exceptions must be clearly explained, reference the corresponding term to which Offeror is taking exception 2 and clearly state any proposed modified language, proposed additional terms to the RFP a and draft Contract must be included: W (Note: Unacceptable exceptions may remove Offeror's proposal from consideration for a award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and o modifications and the decision shall be final. ° U If an offer is made with modifications to the contract provisions that are not expressly o approved in writing, the contract provisions contained in the RFP shall prevail.) Section/Page Term, Condition, or Exception/Proposed Modification Accepted Specification (For Region 4 w ESC's use 11(c) Delivery Delete last sentence of this section Accepted r a� 11(e) Cancellation Either Party may terminate with ninety (90) J day written notice Accepted m .Q 18 Audit Rights Audit period can involve no more than immediately preceding eighteen (18) months Accepted U) of purchases.-amended 9/30/2021 L ° Q Z 2 0 U Q U- c E t ca Q Packet Pg. 32 nn network T DISTRIBUTION i c 0 w .L August 17, 2021 L 0 3 Attn: Region 4 z Re: Solicitation Number 21-13 r Request For Proposal Cleaning Supplies, Breakroom and Related Products L Q .N Thank you for accepting Network Distribution's response to this RFP. It is a pleasure to work with Region 4 and OMNIA Partners. a a� If you have any questions regarding the attached documents, pleae reach out for CU clarity. L a 0 0 U 0 Regards - r Jennifer Eichorn Proposals Manager w c 224.361.2094 L jeichorn@networkdistribution.com J N d .Q Q 3 U) R 0 r r- R Q Z r- O U a U- r E a www.networkdistribution.com 1100 E. Woodfield Rd., Suite 200 1 Schaumburg I IL 60173 800.68 Packet Pg. 33 4.D.a Mregion4'� RFP Salicitatian nurrlh�er 21-13 Cleaning Suppiies, Brea kroom and Related Products 0 'L NETWORK DISTRIBUTION nn lyYr#i o DISTRIBUTION i RFP TABLE OF CONTENTS 3 m z ONE—Draft Contract and Offer and Contract Signature Form (Appendix A) 3 a. Terms and Conditions Acceptance Form (Appendix B) c b. Receipt of Addendum No.1 Acknowledgement, Signed m E a� TWO —Products and Pricing Im a. Products and Pricing RFP Response Im b. Price List-RFP Response .y R THREE—Performance Capability U a. OMNIA Partners Documents: Exhibit A—Response For National Cooperative Contract IL b. Performance Capability—RFP Response Attachments: •Exhibit A 3.1 C Distributor Locations 0. 0 •Exhibit A 3.1 D D&B Report 0 •Exhibit A 3.1 E NetGreen Program V •Exhibit A 3.1 G Special Business Status Summary •Exhibit A 3.2E Map of Distributor Locations c •Exhibit A 3.2Ei Distributior Locations Sq Ft •Exhibit A 3.3B 90 Day Marketing Plan •Exhibit A 3.3C Implementation Outline •Exhibit A 3.31 Organization Chart x •RFP Response b-iv Capabilities and Scope LU •RFP Response b-vi Disaster Recovery Plan 0 FOUR—Qualification and Experience r a. Qualification and Experience—RFP Response+ a. Network References—Region 4 rn m b. Region 4 Network Proposed Program—Network Overview Q sa. FIVE—Value Add U) a. Value Add—RFP Response L Attachments: • RFP Response di-1 Marketplace PunchOut • RFP Response di-2 Healthy Measures Q SIX—Additional Required Documents (Appendix C) Z • Appendix C, Doc#1 Acknowledgment and Acceptance of Region 4 ESC's Open Records Policy OU • Appendix C, Doc#1 Proprietary Letter Q • Appendix C, Doc#2 Antitrust Certification Statement(Tex. Government Code§2155.005) • Appendix C, Doc#3 Form 1295 Certificate of Interested Parties Texas a� • Appendix C, Doc#4 Form 2270 Texas Verification Form E t • Appendix D, Exhibit F Fed Funding Addendum Cleaning and Breakroom • Appendix D Exhibit G New Jersey Compliance Form Signed Q • FEMA Special Conditions Cleaning and Breakroom Packet Pg. 34 4.D.a Ct t L 7145 West Tidwell Road - Houston, Texas 77092 y 0 (713)-462-7708 L 0 www.esc4.net 0 Z NOTICE TO OFFEROR ADDENDUM NO. 1 L Solicitation Number 21-13 a Request for Proposal ("RFP") by Region 4 Education Service Center ("ESC") for Cleaning Supplies, Breakroom, and Related Products CU 0. 0 This Addendum No. 1 amends the Request for Proposals (RFP) for Cleaning Supplies, U Breakroom, and Related Products 21-13 ("Addendum"). To the extent of any discrepancy o between the original RFP and this Addendum, this Addendum shall prevail. CD Region 4 Education Service Center ("Region 4 ESC") requests proposals from qualified suppliers with the intent to enter into a Contract for Cleaning Supplies, Breakroom, and x Related Products. Addendum No. 1 is hereby issued as follows: c L QUESTIONS AND ANSWERS a� 1. Question: Is there a pricing excel sheet? N a� Answer: No pricing Excel sheet is provided in the RFP. Details for pricing submittal a are provided on RFP page 14, under Section IV. Evaluation Process and Criteria, 2.a) Products/Pricing. 0 r 2. Question: Is there a price list/spreadsheet with various line items for particular PPE products under this bid or do we just provide our entire product catalog along with g pricing for everything? Answer: See answer to Question 1 of this Addendum 1. U a U- r E Cleaning Supplies, Breakroom, and Related Products a Solicitation Number 21-13 Addendum No. 1 Page 1 of 3 Packet Pg. 35 4.D.a 3. Question: Is it ok to just bid under this one PPE category since we do not provide products under any of the other categories or are you looking for one vendor that can provide everything across all categories? Answer: No, Region 4 is seeking vendor(s) that can provide products and services across o all categories, as detailed in RFP page 2, I. Scope of Work. •L 4. Question: Looking through this bid and noticed that products were mentioned but no A quantity or brand names. I didn't see a list of specific products. If you could provide me with L the information on the requested products or direct me to where I can find it in the RFP? 3 as Answer: No quantities or brand names are specified in the RFP. Offerors should refer to z RFP page 13 in Section IV. Evaluation Process and Criteria, 2. A) Products/Pricing. 3 r 5. Question: Within the RFP are the list of products and product requirements, however we a are unclear of how to provide pricing and details for these items. For example: Should we E provide a subset of items that fall within each product category for your review? Is there a IM specific number of items you wish to see in order to review pricing? Are you expecting to a see all items available within these categories? .y Answer: As detailed in Section IV. 2. a) i. "As indicated in the Scope of Work, Offerors shall provide a complete and comprehensive line of quality made cleaning and breakroom a. supplies." Offerors should further refer to Section IV. 2. A. ii. - iii.. of the RFP for additional pricing requirements. '- �a L 6. Question: We want to clearly understand how you are reviewing the pricing methodology o for products within these categories, so we can provide the correct format for your review. 0 Please clarify or provide an example (For Example: the pricing columns you wish to see.). 0 Answer: See answer to Question 5 of this Addendum 1 and refer to the entire Section IV 2CD for further pricing details. x w c L r Y J N d .Q Q 3 U) R L 7 Q Z 2 0 U Q U- c E t ca Cleaning Supplies, Breakroom, and Related Products Q Solicitation Number 21-13 Addendum No. 1 Page 2 of 3 Packet Pg. 36 4.D.a i c 0 w RECEIPT OF ADDENDUM NO. 1 - ACKNOWLEDGEMENT .2 Offeror shall acknowledge this addendum by signing below and include in their proposal L response. 0 3 r a� z Company Name Network Distribution 3 r Contact Person Jennifer Eichorn 0 E a� �L�fGB 2�L Signature � a Date 08/10/2021 0 0 IL a� R Crystal Wallace a Region 4 Education Service Center o Business Operations Specialist 0 0 v r t x w c L J N d .Q Q 3 R O r R Q z r- O U a U- r E Cleaning Supplies, Breakroom, and Related Products a Solicitation Number 21-13 Addendum No. 1 Page 3 of 3 Packet Pg. 37 4.D.a m N 'i O APPENDIX A a DRAFT CONTRACT i This Contract("Contract') is made as of 202X by and between ("Contractor') and Region 4 Education Service Center ("Region 4 ESC') for the purchase of ("the w products and services'). o L O RECITALS 3 m z WHEREAS, Region 4 ESC issued Request for Proposals Number R for ("UP"), 3 to which Contractor provided a response ("Proposal"); and w _ m WHEREAS, Region 4 ESC selected Contractor's Proposal and wishes to engage Contractor in aEi providing the services/materials described in the RFP and Proposal; a WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092. L 3 WHEREAS, Contractor included, in writing, any required exceptions or deviations from these a terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract. M a WHEREAS, this Contract consists of the provisions set forth below, including provisions of all 00 attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control. c 0 WHEREAS, the Contract will provide that any state and local governmental entities, public and w private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies") may purchase products and services at prices indicated in the Contract upon the Public Agency's registration with OMNIA Partners. w 1) Term of agreement. The term of the Contract is for a period of three (3) years unless L terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the w right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC's intent renew the Contract. Contractor may elect not to renew by providing three Q hundred sixty-five days' (365) notice to Region 4 ESC. Notwithstanding the expiration of the C initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may co mutually agree to extend the term of this Agreement. Contractor acknowledges and �a 'L understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement. The anticipated full term of the contract is five (5) years. The Contractor shall have the right g to enter local "service" agreements with Participating Public Agencies accessing the contract 2 through OMNIA Partners, so long as the effective date of such agreement is prior to the Q expiration of the Contract. All local agreements may have a full potential term (any a combination of initial and renewal periods) not to exceed five years. Any tasks or project '_ CONTRACT E 1 r r a Packet Pg. 38 4.D.a m N 'i O agreements executed against this Master Agreement during the effective term may survive w beyond the expiration of the Master Agreement as established and agreed to by both parties. a i 2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this O agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein. L w y 3) Form of Contract. The form of Contract shall be the RFP, the Offeror's proposal and Best and Final Offer(s). 3 4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted z by Region 4 ESC, the following order of precedence shall prevail: r 3 i. This Contract ii. Offeror's Best and Final Offer iii. Offeror's proposal iv. RFP and any addenda a 5) Commencement of Work. The Contractor is cautioned not to commence any billable work or =' provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. L 3 6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final a a) written expression of agreement. All agreements are contained herein and no other >_ r agreements or representations that materially alter it are acceptable. a 7) Assignment of Contract. No assignment of Contract may be made without the prior written °o approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material L? change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). c 0 8) Novation. If Contractor 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. Region 4 ESC reserves the right to accept or reject any new party. A change s of name agreement will not change the contractual obligations of Contractor. w 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC. , w 10)Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional J distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC. a Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or co dealer. Purchase orders and payment can only be made to the Contractor unless otherwise �a approved by Region 4 ESC. Pricing provided to members by added distributors or dealers o must also be less than or equal to the Contractor's pricing. 11)TERMINATION OF CONTRACT a z a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate 2 the Contract if purchase volume is determined to be low volume in any 12-month period. Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to LL failure by Contractor to carry out any obligation, term or condition of the contract. Region ; CONTRACT E 2 r r a Packet Pg. 39 4.D.a m N 'i O 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following: a i i. Providing material that does not meet the specifications of the Contract; O ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the scope of work and L specifications; n iv. Failing to complete required work or furnish required materials within a reasonable 0 amount of time; c V. Failing to make progress in performance of the Contract or giving Region 4 ESC 3 reason to believe Contractor will not or cannot perform the requirements of the z Contract; or s vi. Performing work or providing services under the Contract prior to receiving an 3 authorized purchase order. w _ m Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide aEi a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all a goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. _ .y b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely s manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and a pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If G, Gh event d c eeeuF, GentFaeter will be entitled tO Feeeive just and equitable eengpensatmen feF the U r c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or c within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred. w d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall L give notice and full particulars of Force Majeure in writing to the other party within a w reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter Q provided, but for no longer period, and such party shall endeavor to remove or overcome a such inability with all reasonable dispatch. co The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or 2 other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, g breakage or accidents to machinery, pipelines or canals, or other causes not reasonably Z within the control of the party claiming such inability. It is understood and agreed that the p settlement of strikes and lockouts shall be entirely within the discretion of the party having c� the difficulty, and that the above requirement that any Force Majeure shall be remedied LL with all reasonable dispatch shall not require the settlement of strikes and lockouts by ; CONTRACT E 3 s �a r r a Packet Pg. 40 4.D.a m N 'i O acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. a i e) Standard Cancellation. Either Party Region 4 E may cancel this Contract in whole or = in part by providing (90) day written notice. The cancellation will take effect 390 business days after the other party receives the notice of cancellation. After the 3-90th business day all work will cease following completion of final purchase order. w y 12)Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor 3 shall remain fully informed of and in compliance with all ordinances and regulations pertaining d to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop Z work and/or cancel the Contract if Contractor's license(s) expire, lapse, are suspended or r terminated. 3 w _ m 13)Survival Clause. All applicable software license agreements, warranties or service aEi agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All a Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract. _ .y s 14)Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If L delivery is not or cannot be made within this time period, the Contractor must receive a authorization for the delayed delivery. The order may be canceled if the estimated shipping time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. a O 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may L) make the determination to return the material to the Contractor at no cost to Region 4 ESC. r The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be c responsible for arranging the return of the defective or incorrect material. N 16)Payments. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. X w 17)Price Adjustments. Should it become necessary or proper during the term of this Contract to c make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for w additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval.All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) daysCL Q after approval and written notification from Region 4 ESC. It is the Contractor's responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be co provided to Region 4 ESC, using the same format as was provided and accepted in the 2 Contractor's proposal. ° c ° Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) Z reduction is for a specific period, normally not less than thirty (30) days; and 3) original price 2 is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price � reduction during the Contract term. a ° CONTRACT E 4 r r a Packet Pg. 41 4.D.a m N 'i O 18)Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC a reserves the right to audit the accounting for a period of three (3) years from the time such = purchases are made. This audit right shall survive termination of this Agreement for a period 2 of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor's pricing at Region 4 ESC's sole cost and expense. y Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing o being offered that is materially inconsistent with the pricing under this agreement, Region 4 9 ESC shall have the ability to conduct an extensive audit of Contractor's pricing at Contractor's ° sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- d party auditing firm. In the event of an audit, the requested materials shall be provided in the Z format and at the location designated by Region 4 ESC. 3 w 19)Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the aEi specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model. a 20)New Products/Services. New products and/or services that meet the scope of work may be y added to the Contract. Pricing shall be equivalent to the percentage discount for other s products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than a the original discount, and if the products meet the requirements of the Contract. No products > and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an a interest in, or a potential requirement for,the new product or service. Region 4 ESC may reject °o any additions without cause. c) r 21)Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a -- discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability. s X LU 22)Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing. w w 23)Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good m repair and an orderly, neat, clean, safe and unobstructed condition. a 24)Site Preparation. Contractor shall not begin a project for which the site has not been prepared, co unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the 20 cost of site preparation in a purchase order. Site preparation includes, but is not limited to: 2 moving furniture, installing wiring for networks or power, and similar pre-installation v requirements. a z 25)Registered Sex Offender Restrictions. For work to be performed at schools, Contractor 2 agrees no employee or employee of a subcontractor who has been adjudicated to be a 0 registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a CONTRACT E 5 s �a r r a Packet Pg. 42 4.D.a m N 'i O material breach and may result in the cancellation of the purchase order at Region 4 ESC's discretion. Contractor must identify any additional costs associated with compliance of this a term. If no costs are specified, compliance with this term will be provided at no additional = charge. 2 3 26)Safety measures. Contractor shall take all reasonable precautions for the safety of employees w on the worksite and shall erect and properly maintain all necessary safeguards for protection o of workers and the public. Contractor shall post warning signs against all hazards created by L its operation and work in progress. Proper precautions shall be taken pursuant to state law 3 and standard practices to protect workers, general public and existing structures from injury m or damage. Z s r 27)Smoking. Persons working under the Contract shall adhere to local smoking policies. 3 w Smoking will only be permitted in posted areas or off premises. E 28)Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, 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 a, stored materials must be provided to Region 4 ESC prior to payment. Such materials must be y stored and protected in a secure location and be insured for their full value by the Contractor s against loss and damage. Contractor agrees to provide proof of coverage and additionally L insured upon request.Additionally, if stored offsite,the materials must also be clearly identified a as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, ;M as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's a responsibility to protect all materials and equipment. Contractor warrants and guarantees that °o title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. c) r 29)Funding Out Clause. A Contract for the acquisition, including lease, of real or personal c property is a commitment of Region 4 ESC's current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the w Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract. w 30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract. Any litigation involving either Region 4 ESC, its administrators and employees and agents will m be in Harris County, Texas. a 3 31)Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within co website, marketing materials and advertisement. Any use of Region 4 ESC name and logo 20 or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must 2 have prior approval from Region 4 ESC. 32)Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC Z prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten 2 (10) days' notice prior to any modifications or cancellation of policies. The Contractor shall � require all subcontractors performing any work to maintain coverage as specified. LL CONTRACT E 6 s �a r r a Packet Pg. 43 4.D.a m N 'i O 33)Legal Obligations. It is Contractor's responsibility to be aware of and comply with all local, w state, and federal laws governing the sale of products/services and shall comply with all laws Q while fulfilling the Contract. Applicable laws and regulation must be followed even if not = specifically identified herein. ° 3 'i w y L O 3 m z s r 3 w c m E m L Q .y s V L 3 a r L d Q O O U r O O N s K W C L d w+ w+ d J N d .Q Q 3 co R L O Q Cz C O U Q W d CONTRACT E 7 r r a Packet Pg. 44 4.D.a m N 'i O OFFER AND CONTRACT SIGNATURE FORM Q The undersigned hereby offers and, if awarded, agrees to furnish goods and/or services in strict = compliance with the terms, specifications and conditions at the prices proposed within response ° unless noted in writing. Network Services Company y Company Name o Address 1100 E.Woodfield Road,Suite 200 3 City/State/Zip Schaumburg, IL 60173 d z s r Telephone No. 22a..361.227a 3 w _ dceko@netwrokdistribution.com £ Email Address Printed Name Daniel Ceko a, Q Title Treasurer&Corporate Counsel w s Authorized signature Daniel Ceko a Accepted by Region 4 ESC: r L Contract No. a O O Initial Contract Term to c) r O O Region 4 ESC Authorized Board Member Date s x w Print Name L d w+ w+ d Region 4 ESC Authorized Board Member Date y m .Q a Print Name CO �a 'L O Q Z 2 O U Q _ d E s �a r r a Packet Pg. 45 4.D.a Annendix B i c TERMS & CONDITIONS ACCEPTANCE FORM c ° Signature on the Offer and Contract Signature form certifies complete acceptance of the terms y and conditions in this solicitation and draft Contract except as noted below with proposed o substitute language (additional pages may be attached, if necessary). The provisions of the L RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal ° is returned with modifications to the draft Contract provisions that are not expressly approved in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail. z Check one of the following responses: as ❑ Offeror takes no exceptions to the terms and conditions of the RFP and draft Contract. a� L (Note: If none are listed below, it is understood that no exceptions/deviations are taken.) Q c X Offeror takes the following exceptions to the RFP and draft Contract. All exceptions must be clearly explained, reference the corresponding term to which Offeror is taking exception 2 and clearly state any proposed modified language, proposed additional terms to the RFP a and draft Contract must be included: W (Note: Unacceptable exceptions may remove Offeror's proposal from consideration for a award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and o modifications and the decision shall be final. ° U If an offer is made with modifications to the contract provisions that are not expressly o approved in writing, the contract provisions contained in the RFP shall prevail.) Section/Page Term, Condition, or Exception/Proposed Modification Accepted Specification (For Region 4 w ESC's use) 11(c) Delivery Delete last sentence of this section L r Y 11(e) Cancellation Either Party may terminate with ninety (90) J day written notice m .Q 18 Audit Rights Audit period can involve no more than immediately preceding twelve (12) months of U) purchases and audit shall be at the sole cost o and expense of TCPN and Region 4 ESC. c� Q z 2 O U Q U- c E t ca Q Packet Pg. 46 4.D.a ctyt)re l�rlRFP Solicitation number 21-13 4r C I ea n in g 5 up p I ie s, Breakroom and RelatedProducts o L A a IV. EVALUATION PROCESS AND CRITERIA nnetwork 0 a) PRODUCTS/PRICING DISTRIBUTION d Z Note: These topics may be additionally covered within Appendix D, Exhibit A, and OMNIA ; Partners Response for National Cooperative Contract. E i. As indicated in the Scope of Work, Offerors shall provide a complete and comprehensive line of quality made cleaning and breakroom supplies. When applicable, Offerors should complete Q the below tables but may alter as needed and are encouraged to include and further describe additional products, services, and programs. Offerors should include but are not limited to: i. Dilution Control ii. Green Solutions 2 iii. Industrial Paper and Dispensers a iv. Hard Floor Care v. Carpet Care vi. Restroom Care Q. vii. Waste Receptacles and Liners 0 0 viii. Machines and Accessories ix. Breakroom and Kitchen x. Cleaning and Breakroom Tools and Supplies xi. Personal Protective Equipment (PPE) and Health/Safety Solutions xii. Other Categories Discounts proposed should remain the same during the contract and at a minimum for the first w twelve (12) months after contract award. L We are able to provide all items listed within the RFP. �? Our price proposal contains a core list of approximately 1,500 items, with pricing firm for 12 J months after the contract date. Pricing will be evaluated on the yearly anniversary date. Pricing submitted is a representation of available items. We can supply pricing for any additional Q or alternative items required by Region 4. 3 See attached PRICE LIST RFP Response— Region 4 L i. Offerors are to provide a discount from a verifiable price index and provide a reduced net 0 pricing schedule with indefinite quantities. Offeror must fully describe and disclose details of proposed pricing method including audit verification method. Prices/discounts shall remain firm Q and will include all charges that may be incurred in fulfilling requirement(s) for the twelve-month Z period following contract award. Where applicable, pricing shall be determined by applying Offerors' discounts to the prices listed on their manufacturer's rice lists, retail rice sheets, and p p p � catalogs. ii. Where applicable, Offeror's may provide a fixed price, or a combination of pricing, with indefinite quantities. Prices listed will be used to establish the extent of a manufacturer's product E lines, services, warranties, etc. that are available from Offeror and the pricing per item. Packet Pg. 47 4.D.a Multiple percentage discounts are acceptable if, where different percentage discounts apply, i they different percentages are specified. Additional pricing and/or discounts may be included. c Products and services proposed are to be priced separately with all ineligible items identified. 3 Offerors may elect to limit their proposals to any category or categories. 12 N iii. Provide complete price lists and catalog of Offeror's product line in a separate file on a Flash a Drive (i.e. Pin or Jump Drives). This is to include an electronic copy of the catalog from which o discount, or fixed price, is calculated. Electronic price lists must contain the following: (if 3 applicable) z • Manufacturer part # • Offeror's Part # (if different from manufacturer part #) 3 • Description as • Manufacturers Suggested List Price and Net Price E • Net price to Region 4 ESC (including freight) Media submitted for price list must include the Offerors' company name, name of the a solicitation, and date on the Flash Drive (i.e. Pin or Jump Drives). We do not have a complete product catalog of all nationally available items due to the expansive nature of our product categories and varying customer needs. We will also continue to expand offering as new and more efficient products become available. a However, we can offer localized catalogs directed to needs of local markets or customers. �a L iv. Provide information for non-warranty service rates to include what services are covered with �. invoice rates. °o In the instance that a product requires service, it will be discussed on a case by case basis with v your local distributor. o 0 v. Is pricing available for all products and services? N Yes. Pricing submitted is an overview/subset of available items. We can supply pricing for any additional or alternative items required by Region 4. x w vi. Describe any shipping charges. We provide standard freight free delivery to the vast majority of the US. In the event a location is outside the freight free delivery areas, the following modes of delivery are available: Fed-Ex, UPS, USPS, LTL delivery carrier, special delivery courier, and customer pick-up (with prior notification) are options. Emergency and rush orders are available. Emergency orders would incur a pass through of fees charged by the courier for delivery, and will require written location Q approval prior to order processing. Locations outside the continental US (Conus) may be subject to a premium for freight and any tariffs or additional shipping fees. vii. Provide pricing for warranties on all products and services. ° We are not a manufacturer, and we pass along all manufacturer warranties to Region 4. Can be discussed for applicable equipment or other items. a z viii. Describe any return and restocking fees. o All returned products must be in the original container, in resalable condition and usable prior to expiration date of the product, and made within 90 days of delivery date. Items returned due to U_ customer error will be charged a restocking fee; however, if the result of distributor error, the restocking fee will be waived. ix. Describe any additional discounts or rebates available. Additional discounts or rebates may a be offered for large quantity orders, single ship to location, growth, annual spend, guaranteed a quantity, etc. Additional discounts may be negotiated on a local case-by-case basis. Packet Pg. 48 4.D.a i x. Describe how customers verify they are receiving Contract pricing. c Utilizing EDI-based electronic ordering or ecommerce system encourage pricing consistency for all customers. We currently support full EDI and ecommerce ordering for all National Accounts who desire to use one of these methods. A Many of our purchase orders come in through EDI or internet ordering today, and that L number continues to grow. ° 3 Our ecommerce system allows custom product catalogs for each ordering location, easy z product search, ability to access past and pending orders, order approval, punch-outs to vendor catalogs, and other customized options. 3 All of the efficiency tools will simplify and support Contract pricing standardization. as E as A. Describe payment methods offered. Payment methods include: Electronic funds transfer (EFT), automated clearing house (ACH), a EDI 820 remittance, and other electronic formats. Our IT teams can discuss options to meet your needs. o U L a xii. Propose the frequency of updates to the Offeror's pricing structure. Describe any proposed indices to guide price adjustments. If offering a catalog contract with discounts by category, while changes in individual pricing may change, the category discounts should not change over the term of the Contract. o Quoted prices and subsequent price changes are based on a fixed cost and supported with letters from the manufacturer in cases of increase or decrease if requested. 0 0 We are offering fixed item costs, not discounts by product category. In the case of extreme market fluctuations and manufacturer's price increases, we may implement an emergency price increase on the affected. Customer pricing will be based on w contract price at the time the order is fulfilled and delivered. The actual pricing could be greater than when the order was placed. L xiii. Describe how future product introductions will be priced and align with Contract pricing J proposed. Our price proposal contains a core list of items, which are a representation of the full offering. °' Our entire catalog of over 10,000 items is available to Region 4 and users of this contract. a U) All Janitorial and Sanitation Supplies, Equipment and Related Services are considered in scope of this contract. Products are considered core (as set forth on price list with an exception to gloves) or non-core (anything outside of core list and sold at market competitive pricing). xiv. Provide any additional information relevant to this section. g We are available to answer any additional questions about our Products and Pricing. 2 0 U Q U_ c E t ca Q Packet Pg. 49 4.D.a EXHIBIT A RESPONSE FOR NATIONAL COOPERATIVE CONTRACT i c 0 :r 1.0 Scope of National Cooperative Contract L N Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the Administration Agreement between Supplier and OMNIA Partners. 3 as We acknowledge, understand, and agree to comply with sections 1.0 —2.0 and all subsections Z therein, unless indicated otherwise by our language/explanation is in blue font directly below the 3 section or subsection. Our responses to section 3.0 and its subsections can be found directly below the subsection in blue font. a� L 1.1 Requirement c, c .y R t The Region 4 Education Service Center ("ESC") (hereinafter defined and referred to 2 as "Principal Procurement Agency"), on behalf of itself and the National a. Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector ("OMNIA Partners"), is requesting proposals for Cleaning Supplies, Breakroom, and Related Products. The intent of this Request for a Proposal is any contract between Principal Procurement Agency and Supplier °o resulting from this Request for Proposal ("Master Agreement") be made available to U other public agencies nationally, including state and local governmental entities, c public and private primary, secondary and higher education entities, non-profit CD entities, and agencies for the public benefit ("Public Agencies"), through OMNIA Partners' cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, an example of which is included as Exhibit D, and has agreed to pursue the Master w Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners as a Participating Public Agency in OMNIA Partners' cooperative purchasing program. Registration with OMNIA Partners as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C, and by using the Master Agreement, any such Participating Q Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to ; the terms of the Master Intergovernmental Purchasing Cooperative Agreement or as U) otherwise agreed to. The terms and pricing established in the resulting Master 2 Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners. a All transactions, purchase orders, invoices, payments etc., will occur directly between z the Supplier and each Participating Public Agency individually, and neither OMNIA 0 0 Partners, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. Supplier is responsible for knowing the tax laws in each E l This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA a Packet Pg. 50 4.D.a Partners' requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through OMNIA Partners. .2 c These requirements are incorporated into and are considered an integral part of this r RFP. OMNIA Partners reserves the right to determine whether or not to make the y Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies, in its sole and absolute discretion, and any party 3 submitting a response to this RFP acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners to make the Master z Agreement available to Participating Procurement Agencies. 3 r c m 1.2 Marketing, Sales and Administrative Support E as as L During the term of the Master Agreement OMNIA Partners intends to provide a marketing, sales, partnership development and administrative support for Supplier pursuant to this section that directly promotes the Supplier's products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. a W OMNIA Partners will assign the Supplier a Director of Partner Development who will '- serve as the main point of contact for the Supplier and will be responsible for managing the overall relationship between the Supplier and OMNIA Partners. The o Director of Partner Development will work with the Supplier to develop a U comprehensive strategy to promote the Master Agreement and will connect the Supplier with appropriate stakeholders within OMNIA Partners including, Sales, c Marketing, Contracting, Training, and Operations & Support. The OMNIA Partners marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective w Public Agencies through channels that may include: c A. Marketing collateral (print, electronic, email, presentations) r B. Website C. Trade shows/conferences/meetings a .Q D. Advertising 3 U) E. Social Media •L The OMNIA Partners sales teams will work in conjunction with Supplier to promote c the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include: g z 2 A. Individual sales calls Q U B. Joint sales calls a U- C. Communications/customer service c a� D. Training sessions for Public Agency teams E. Training sessions for Supplier teams a Packet Pg. 51 4.D.a The OMNIA Partners contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: c 0 A. Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing r N B. Training sessions for Public Agency teams o Y C. Training sessions for Supplier teams 3 D. Regular business reviews to monitor program success z E. General contract administration 3 r c Suppliers are required to pay an Administrative Fee of 3% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the OMNIA Partners a Administration Agreement (Exhibit B). a� c 1.3 Estimated Volume o U L The dollar volume purchased under the Master Agreement is estimated to be a. approximately $75M annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that a are anticipated to utilize the resulting Master Agreement to be made available to them °o through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners. 0 0 1.4 Award Basis The basis of any contract award resulting from this RFP made by Principal Procurement Agency will, at OMNIA Partners' option, be the basis of award on a w national level through OMNIA Partners. If multiple Suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same Suppliers will be ° L required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Q Agency (e.g. governing law) are subject to modification for each Participating Public ; Agency as Supplier, such Participating Public Agency and OMNIA Partners shall U) agree without being in conflict with the Master Agreement. Participating Agencies may 2 request to enter into a separate supplemental agreement to further define the level of ° service requirements over and above the minimum defined in the Master Agreement (i.e. invoice requirements, order requirements, specialized delivery, diversity a requirements such as minority and woman owned businesses, historically Z underutilized business, governing law, etc.) ("Supplemental Agreement"). It shall be o the responsibility of the Supplier to comply,when applicable, with the prevailing wage legislation in effect in the jurisdiction of the Participating Agency. It shall further be the responsibility of the Supplier to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of the E Master Agreement and adjust wage rates accordingly. In instances where supplemental terms and conditions create additional risk and cost for Supplier, a Supplier and Participating Public Agency may negotiate additional pricing above and a Packet Pg. 52 4.D.a beyond the stated contract not-to-exceed pricing so long as the added price is commensurate with the additional cost incurred by the Supplier. Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to OMNIA c Partners). 3 •L r All signed Supplemental Agreements and purchase orders issued and accepted by y the Supplier may survive expiration or termination of the Master Agreement. Participating Agencies' purchase orders may exceed the term of the Master L0 Agreement if the purchase order is issued prior to the expiration of the Master Agreement. Supplier is responsible for reporting all sales and paying the applicable Z Administrative Fee for sales that use the Master Agreement as the basis for the purchase order, even though Master Agreement may have expired. 3 r c as 1.5 Objectives of Cooperative Program E a� L This RFP is intended to achieve the following objectives regarding availability through a OMNIA Partners' cooperative program: .y R A. Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; a B. Establish the Master Agreement as the Supplier's primary go to market strategy > to Public Agencies nationwide; C. Achieve cost savings for Supplier and Public Agencies through a single solicitation 0. 0 process that will reduce the Supplier's need to respond to multiple solicitations 0 U and Public Agencies need to conduct their own solicitation process; D. Combine the aggregate purchasing volumes of Participating Public Agencies to CD achieve cost effective pricing. 2.0 REPRESENTATIONS AND COVENANTS x w As a condition to Supplier entering into the Master Agreement, which would be available o to all Public Agencies, Supplier must make certain representations, warranties and r covenants to both the Principal Procurement Agency and OMNIAPartners designed to J ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier. 2 Q. 2.1 Corporate Commitment U) L Supplier commits that (1)the Master Agreement has received all necessary corporate authorizations and support of the Supplier's executive management, (2) the Master Agreement is Supplier's primary "go to market" strategy for Public Agencies, (3) the g Master Agreement will be promoted to all Public Agencies, including any existing 2 customers, and Supplier will transition existing customers, upon their request, to the o Master Agreement, and (4) that the Supplier has read and agrees to the terms and a conditions of the Administration Agreement with OMNIA Partners and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive E corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. a Packet Pg. 53 4.D.a The Master Agreement is one of our primary "go to market" strategies for all Public Agencies. We have a 10 plus year relationship and executive relationship with the OMNIA team. We work with the OMNIA teams on an almost daily basis, including state, higher w education and K-12. We have weekly calls with the OMNIA supplier team to discuss strategies, market y positioning, and discuss how we grow the business together. o L 0 2.2 Pricing Commitment Z Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer)to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a E national, state, regional or local or cooperative contract, the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. Q The quoted pricing is a not to exceed price, but we fully recognize that as the order size or quantity get larger, we may have to be increasingly competitive in the market. N We are offering pricing to Region 4, OMNIA, and Participating Public Agencies (PPA's) based on negotiated product costs offered by contracted manufacturers. a These cost supports are based on a number of factors including the volume of purchases, and determined by the manufacturer; not the distributor. This offer a includes pricing offered exclusively for Region 4/ OMNIA. (D Participating Public Agencies receive the benefit of the aggregate spend of OMNIA °o Partners. v We will offer Region 4 and PPAs the same price as other customers utilizing similar c procurement methods and purchasing similar Volumes of product, with the same v manufacturer cost supports. r We monitor competitive pricing and product mix annually. We agree to negotiate in good faith to lower any prices that are misaligned with the market. Misalignment with w the market is determined by feedback from contract participants, lost opportunities, and/or other market intelligence as received or gathered from any source. a� r a� J N d .Q Q 3 U) R •L O r R Q Z r- O U a LL r E 0 a Packet Pg. 54 4.D.a 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and ° committed to offering the Master Agreement to Public Agencies through OMNIA 2 Partners nationwide. Supplier commits that all Master Agreement sales will be y accurately and timely reported to OMNIA Partners in accordance with the OMNIA o Partners Administration Agreement. Supplier also commits its sales force will be o compensated, including sales incentives, for sales to Public Agencies under the 3 Master Agreement in a consistent or better manner compared to sales to Public z Agencies if the Supplier were not awarded the Master Agreement. We will compensate our sales forces under the compensation structure currently 3 employed to promote sales of our Public Sector contracts. We utilize the same compensation structure to incent sales for all segments of our business. E as a� L Q 3.0 SUPPLIER RESPONSE .y R t V Supplier must supply the following information in order for the Principal Procurement Agency a to determine Supplier's qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners. L 3.1 Company o 0 U A. Brief history and description of Supplier to include experience providing similar c products and services. We were established in 1968 to provide products and related services to corporate account customers on behalf of our distributors. We manage national programs for corporate account customers across the U.S. We provide a broad x product selection, having built strategic alliances with the industry's best in class w manufacturers.. _ We, focus mainly on five specific business segments: Commercial Real 0 Estate/Building Services, Healthcare, Foodservice, the Hospitality and Industrial Packaging corporate accounts. Our strength is in these segments, utilizing our J programs and products in the following categories: Janitorial supplies - including a towel & tissue, can liners, hand soaps and sanitizers, chemicals, janitorial a housekeeping supplies, janitorial equipment sales and personal & safety products; as well as food service disposables, industrial packaging, segment and/or customer specific products, etc. We have also worked with several o government agencies which have expressed the desire and need for additional security measures. Therefore, in select areas, Network is able to offer document shredding as service. We suggest speaking with your local representative, g should this option be of interest. Our programs provide Flexibility, Accountability Z and Expertise, as compared to one-size-fits-all models. can suggest a menu of o options and you select the programs you wish to utilize as we guide you through a the development of a customized distribution program. U- c a� E B. Total number and location of sales persons employed by Supplier. Our Corporate Account Directors are geographically located throughout the U.S. a Packet Pg. 55 4.D.a The Corporate Account Director manages the relationship with your corporate headquarters and their corporate counterpart. The Corporate Account Director is responsible for communicating the program, expectations and requirements to i staff. Our distributor sales representatives are responsible for establishing c relationships with their local facilities, exploring what unique needs they may have, 3 establishing order guides and replenishment criteria, anticipated order/delivery 12 days, determining regularity of visits with the customer, if site specific training is y needed, etc. o Y L 0 CATEGORY DEVELOPMENT ANALYST— Manages all corporate contracted 3 products and manufacturer programs, Works with sales and customer corporate z contact to develop ideas for alternative product, process improvement and cost reduction. Tracks and reports all cost reductions and increases through an impact 3 analysis. Quarterly updates on price list additions, deletions, and changes as needed. E IMPLEMENTATION MANAGER AND COORDINATOR— Implements the Network a program with sites during the first 120 days of the program startup. MANAGER OF IT— Manages ecommerce program startup for Network including EDI program startup. y CORPORATE ACCOUNT SPECIALIST —Provides Customer Service for any national requests or issues. Point of escalation (if ever needed) for local service/support. Assists in managing Web Order guides and EDI site database a information. > INTEGRATED BILLING MANAGER - Responsible for program startup, on-going a receivables and linkages with your AP team. a 0 0 U 0 0 C. Number and location of support centers (if applicable) and location of corporate office. Our Corporate Headquarters is located in Schaumburg, Illinois; housing over 175 people to manage various aspects of our national accounts. Corporate Account w Directors are geographically located throughout the U.S. In addition to your dedicated Corporate Account Director, we will be assigning one key individual to manage the PPA locations in their servicing area, as well as r interfacing corporate direction. You get national distribution with the advantages of J a locally supported program. a� .Q Q. Please see Exhibit for a map of distribution centers. v) 0 D. Annual sales for the three previous fiscal years. We are a private corporation that does not disclose financial statements or any specific financial information to individuals or entities. As such, audited financial g statements have not been included in this proposal. 2 O a. Submit FEIN and Dunn & Bradstreet report. a E. Describe any green or environmental initiatives or policies. Nationally, we are is a member of the U.S. Green Building Council and actively involved at the chapter level — as are many of our distributors. We have a LEED® E Accredited Professional on staff who monitors sustainability trends and is closely aligned with our supplier community to stay abreast of their individual a Packet Pg. 56 4.D.a sustainability initiatives. As a strong advocate for corporate and social responsibility, we help our customers achieve their sustainability goals as well. Many of the products we purchase and provide to our customers carry various certifications. These vary by product and manufacturer selected. To help drive the i utilization and awareness of these products, certifications such as Green Seal, c etc. are clearly indicated and searchable within our on-line ordering system. We 3 offer a full line of environmentally-preferred products and a proprietary evaluation 12 L program designed to assess a customer's current situation and then align the y processes, products, suppliers and monitoring tools necessary to achieve the o customer's sustainability, sanitation and wellness goals. Spend reporting of such o products is also provided at any time and is a standard report included in our 3 Business Reviews. z Our environmental focus is on local sourcing, local delivery fleets with dynamic routing to reduce carbon emissions, local recycling and energy conservation 3 programs, e-business transactions, use of Energy Star appliances, water use reduction, etc. E as F. Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement. a Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their certifications. U We have networks of diverse business partners within the local geographies that a are utilized to support the Master Agreement through sales, customer service and other useful functions. While programs may vary, as do local needs, we are able to provide diverse solutions for Region 4. Nationally, we work through disadvantaged businesses on a regular basis. We will o reflect utilize our local communities and deploy supply chain solutions that reflect v the communities we do business in. Often times there is an up charge to include another party. Pricing and capabilities are discussed well in advance and are o conducted with full transparency. G. Indicate if supplier holds any of the below certifications in any classified areas and include proof of such certification in the response: x We as a whole, do not qualify as a diverse supplier, however, many of our w partners are Woman Owned, Small Business, Minority Owned, or Veteran Owned certified businesses. Customer location alignment is subject to assignment policies and procedures which consider delivery areas, core competency, product availability, manufacturer relationships, etc. Locations can be evaluated and aligned with diverse distributors, whenever possible, upon request prior to location assignments. This is a detailed process utilizing various internal tools which Q consider freight free delivery areas, core competency, existing business, selected manufacturer programs, ability to service multiple locations, etc. Details will be FV provided once program needs are fully established. . 0 In addition, we are an equal opportunity employer committed to following the letter and spirit of laws prohibiting discrimination in the workplace. It offers equal a opportunities in employment to qualified people without regard to race, color, z religion, national origin, ancestry, citizenship, age, sex, disability, or other legally p protected status as required by applicable law. We strive to recruit, develop, and retain a multi-faceted workforce, comprised of a variety of backgrounds and U_ experience. This diversity in the workplace enriches our corporate cultures and enhances the relationships with our business partners. Our corporate Headquarters has a very diverse, non-discriminating workforce, where employees are able to embrace our different backgrounds through company events and celebrations. a Packet Pg. 57 4.D.a a. Minority Women Business Enterprise ❑ Yes ❑ No If yes, list certifying agency: see certifications i b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise ° (DBE) ❑ Yes ❑ No r N If yes, list certifying agency: see certifications a L c. Historically Underutilized Business (HUB) 3 ❑ Yes ❑ XNo z If yes, list certifying agency: d. Historically Underutilized Business Zone Enterprise (HUBZone) as ❑ Yes ❑ XNo E If yes, list certifying agency: a e. Other recognized diversity certificate holder ❑ Yes ❑ No ° If yes, list certifying agency: see certifications a. H. List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority-owned standards. If any, list which certifications subcontractors hold and certifying agency. We as a whole, does not qualify as a diverse supplier, however, many of our o partners have networks of diverse businesses within their local geography that are utilized to support the Master Agreement through sales, customer service and other useful functions. While programs may vary, as do local needs, we are able o to provide diverse solutions and is open to individual discussion. I. Describe how supplier differentiates itself from its competitors. We are deeply partnered with suppliers and manufacturers. Our national scope w coupled with the power of local market expertise sets us apart as the best distribution solution for public entities. a� r Additionally we have been working together with OMNIA sales teams for over 5 years, with Public Sector experience for over 15 years. Our dedicated sales team work directly with OMNIA team peers including: Public Sector, Higher Education, Q and State Government, with proven expertise resulting in OMNIA sales growth. 3 U) Nationally, we focus on three key areas: o Expertise • Leading provider in the local marketplace • Corporate Account programs g • Strength in both national and local markets 2 • Extensive category knowledge o U • Ability to provide training • Understand processes & best practices • Assess and solve approach • Spend analysis — maximize program incentives while driving out costs ca Connectivity& Depth a Packet Pg. 58 4.D.a • Build a national brand and value proposition • Corporate contacts exposed to local distribution • Local distribution strongly linked to regional contacts • Sustainability— order fulfillment close to end user • owned and operated fleet, readily available ° w ° Flexibility y • Accommodate local needs, not cookie cutter programs. We use our own o vehicles and are part of your local communities. o • Willing and able to customize products and procedures • Service levels to fit end user needs —there, in person, when you need us Z • Customized order cycles through inventory control • In market inventory c a� J. Describe any present or past litigation, bankruptcy or reorganization involving supplier. We are not currently, nor have we ever been, involved in litigation, bankruptcy, or Q reorganization proceedings. .N ° K. Felony Conviction Notice: Indicate if the supplier ° a. is a publicly held corporation and this reporting requirement is not a applicable; cc b. is not owned or operated by anyone who has been convicted of a felony; a or a 0 0 C. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions. o We are not owned or operated by anyone who has been convicted of a felony. r L. Describe any debarment or suspension actions taken against supplier x We have never been debarred or suspended. w c L 3.2 Distribution, Logistics J a� A. Each offeror awarded an item under this solicitation may offer their complete a product and service offering/a balance of line. Describe the full line of products and services offered by supplier. - Products and Supplies o We offer a comprehensive line of products for cleaning, maintenance, and safety for all types of environments encountered in public sector facilities. Nationally, we carry the largest national brands. There are over one hundred Preferred g Suppliers. Hundreds of additional suppliers are available locally, as well as Z access to proprietary private label products. O U a Our price proposal contains a core list of approximately 1,500 items, which are a w representation of the full offering. Our entire catalog of over 10,000 items is c available to Region 4 and users of this contract. E Paper, chemicals, liners, equipment and dispensers, hand soaps and sanitizers, supplies, and gloves are covered within the Region 4 catalog. By offering a large a Packet Pg. 59 4.D.a variety of product and system solutions, we provide our customers the benefit of having the necessary product choices to outfit their buildings and facilities as they see fit. i We will conduct site visits with our experienced selling organization to provide a c customized supply chain solution for end users. The breadth and depth of our 3 team allows us to be consultative sellers while tapping our experiences for best results. During these business reviews we will make recommendations for cost y savings and process improvement. Our team will be responsible for implementing o those changes after executive commitment is secured. o 3 We, as an organization, focuses mainly on specific business segments: Z Commercial Real Estate/Building Services, Public Sector, Healthcare, Foodservice, Hospitality, Grocery, Industrial Packaging, and Commercial Print 3 corporate accounts. We have the ability to provide order fulfillment for all products and categories listed within this RFP. Our strength is in these segments, utilizing E our programs and products in the following categories, including but not limited to: a • Paper products including, paper towels, bath tissues, facial tissues, seat a covers, wipers, and related dispensers. a, • Trash collection including, can liners, waste receptacles, and bulk waste y collection units. • Hand care including hand soaps, sanitizers, lotions, moisturizers, and related dispensers. a a� • Janitorial cleaning aids and tools including mops, buckets, brooms, dusters, microfiber cloths and tools, janitor carts, floor and hand pads, bottles and sprayers, window and floor cleaning tools, restroom brushes o and bowl mops. 0 • Cleaning chemicals and related dispensing equipment for all standard and green certified products. Sub-categories include hard floor care cleaners, o strippers, sealers, finishes, etc. for a variety of surfaces including wood, 7T_ stone, concrete, etc. • Carpet care includes spotters, pre-sprays, cleaners, shampoos, extractions, and defoamers, etc. as well as carpet and upholstery soil/spill w protection. LU • Also included are items such as air-care, specialty cleaners such as drain and dumpster maintenance, fluid retention, liquid deodorizers, cleaners and disinfectants specific to kitchen/food preparation areas, etc. J • Kitchen and Laundry care products. • Entrance (interior and exterior) and work station floor mats. °' • Personal apparel and safety items including a wide variety of gloves, both disposable and reusable, disposable booties, hairnets and bonnets, U) disposable coats and overalls, protective eye wear, ear plugs, face masks L and respirators, hearing protection, spill kits, etc. • Janitorial equipment and accessories including floor machines, vacuums, scrubbers, burnishers, shop and backpack vacs, blowers, etc. a • Additional items, including copy papers, break room and kitchen Z disposables (cups, plates, straws, napkins, etc.), small housewares, and 2 kitchen appliances. a U_ B. Describe how supplier proposes to distribute the products/service nationwide. Include any states where products and services will not be offered under the E Master Agreement, including U.S. Territories and Outlying Areas. We buy directly from manufacturers for our corporate accounts, allowing us to a provide timely delivery to customers across our footprint. Packet Pg. 60 4.D.a We are able to offer freight free delivery to 98% of the continental US. All areas qualify to receive fulfillment of orders, however, depending on exact ship-to location, which are unknown at this time, remote locations could be charged i freight for order deliveries. Any such locations would be disclosed and mutually c agreed upon prior to any order shipments. 3 Our orders are shipped on company owned delivery vehicles, and operated by our y personnel as part of a scheduled delivery route. We feel this is an extension of our o commitment to providing the best possible customer service, throughout the entire o process. In the event that is not feasible, the following modes of delivery are 3 available: Fed-Ex, UPS, USPS, LTL delivery carrier, special delivery courier, and Z customer pick-up (with prior notification). 3 Pricing is firm for locations all locations inside (Conus) continental U.S. Non- Conus sites may be subject to a premium for freight and any tariffs or additional E fees. Any items or shipments considered oversized that may require additional a handling or freight may incur additional charges. a We service the following geographic areas: y • U.S. -All 50 states, plus Puerto Rico • Mexico—All states within Mexico • Canada—All provinces within Canada a a� • Caribbean Countries — Select countries within the Caribbean >_ *Areas outside the CONUS may incur additional charges, depending on order dynamics and location. o 0 C. Describe how Participating Agencies are ensured they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail c or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement. We have an internal audit process which will periodically spot check random x locations and products for accuracy. w We partner with our Customers to define compliance requirements and clearly communicate expectations, Distributors, and our customer's organizations. We have a dedicated Compliance team that takes a proactive approach to monitoring performance, implementing corrective actions, and identifying N continuous improvement. 0 .Q Q. D. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. o All current and future locations pursuant to this contract will be serviced directly. We do not utilize or subcontract sales services and order processing of customer needs to outside sources. One or more of our 500 distribution centers would be a aligned with future locations. Once sites are identified, Network will assign Z individual locations to a Network distributor to begin the implementation process 0 outlined within this RFP. The same multi-layered sales approach and activities a would be replicated at each location. U_ c E. Provide the number, size and location of Supplier's distribution facilities, warehouses and retail network as applicable. We total over 1000 individual distribution centers with 46+ million warehouse square feet. a Packet Pg. 61 4.D.a See attached: • map of location, Exhibit i At many of these distribution sites, local will call capability is available to meet c same day needs when required by agencies. 3 L N 3.3 Marketing and Sales Y L 0 3 A. Provide a detailed ninety-day plan beginning from award date of the Master z Agreement describing the strategy to immediately implement the Master Agreement as supplier's primary go to market strategy for Public Agencies to 3 supplier's teams nationwide, to include, but not limited to: as E i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days a ii. Training and education of Supplier's national sales force with participation from the Supplier's executive leadership, along with the OMNIA Partners team within first 90 days As noted, the Master Agreement will be one of our primary go to market a strategies. Our sales teams have been working together with OMNIA for over ten years and our dedicated sales team work directly with OMNIA team peers '- including: Public Sector, K-12 Education, Higher Education, and State Government. Together the teams focus on end user calls, strategy planning, and Q- 0 additional training. 0 U This existing relationship will allow us to hit the road running and reduce ramp up o time. • Daily engagement between sellers and Omnia team • Targeting activities are ongoing throughout the year w • Developed training module for distribution sellers, supplier partners and OMNIA team 0 L • Multiple marketing campaigns throughout the year with suppliers to targeted agencies • Participate in OMNIA regional trade shows as well as national events • Conduct business reviews with OMNIA and suppliers resulting in targeted sales a activities and specific marketing campaigns • "C" level engagement ongoing • Share best practices with other contract holders .E Detailed monthly reporting shared with OMNIA team as needed a B. Provide a detailed ninety-day plan beginning from award date of the Master z Agreement describing the strategy to market the Master Agreement to current 0 Participating Public Agencies, existing Public Agency customers of Supplier, as a well as to prospective Public Agencies nationwide immediately upon award, to U_ include, but not limited to: a� E i. Creation and distribution of a co-branded press release to trade publications 2 ii. Announcement, Master Agreement details and contact information a Packet Pg. 62 4.D.a published on the Supplier's website within first 90 days iii. Design, publication and distribution of co-branded marketing materials within first 90 days i iv. Commitment to attendance and participation with OMNIA Partners at c national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. 3 Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout y the term of the Master Agreement o Y V. Commitment to attend, exhibit and participate at the NIGP Annual Forum 3 in an area reserved by OMNIA Partners for partner suppliers. Booth space will be purchased and staffed by Supplier. In addition, Supplier commits to z provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners. 3 c vi. Design and publication of national and regional advertising in trade E publications throughout the term of the Master Agreement Im L vii. Ongoing marketing and promotion of the Master Agreement throughout its a term (case studies, collateral pieces, presentations, promotions, etc.) c .y R t V L a a� ca L Q 0 O U 0 0 .r t K LU c L r Y J N d .Q Q 3 U) R L Q Z 2 0 U Q U- c E t ca Q Packet Pg. 63 4.D.a viii. Dedicated OMNIA Partners internet web-based homepage on Supplier's website with: • OMNIA Partners standard logo; • Copy of original Request for Proposal; 3 • Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier; A • Summary of Products and pricing; o • Marketing Materials z • Electronic link to OMNIA Partners' website including the online registration page; 3 r • A dedicated toll-free number and email address for OMNIA Partners a� L As a dedicated partner of OMNIA and Region 4, we will market the master agreement to all existing and participating agencies upon reward, including each of the noted items within the first 90 days. y C. Describe how Supplier will transition any existing Public Agency customers' accounts to the Master Agreement available nationally through OMNIA Partners. a Include a list of current cooperative contracts (regional and national) Supplier > holds and describe how the Master Agreement will be positioned among the other a cooperative agreements. a For Region 4, if it is in the Public Agency customer's best interest both from a °o service and value standpoint to transition them to the Master Agreement available through OMNIA Partners, we are able to draw upon significant experience c marketing and transitioning accounts of similar size and scope. Our DSRs work alongside OMNIA sales resources and will collaborate based on the individual needs of a site location to develop the best strategy going forward to x meet the local needs. Our goal is to provide long term value to the agency based w on optimizing the benefits of the agreement. L r Y D. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners logo Q will require permission for reproduction, as well. For the national breadth of the contract we agree to provide its logo for U) reproduction but requests review by their marketing department prior to use. o 0 E. Confirm Supplier will be proactive indirect sales of Supplier's goods and services a to Public Agencies nationwide and the timely follow up to leads established by Z OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a p minimum, the Supplier's sales initiatives should communicate: a w i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing iii. No cost to participate a Packet Pg. 64 4.D.a iv. Non-exclusive We understand, acknowledge, and agree to comply with all aspects of section 3.3 E. i F. Confirm Supplier will train its national sales force on the Master Agreement. At a o minimum, sales training should include: L i. Key features of Master Agreement y 0 ii. Working knowledge of the solicitation process L 0 iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners Z iv. Knowledge of benefits of the use of cooperative contracts OMNIA understand, acknowledge, and agree to comply with all aspects of section 3.3 F. 0 E a� Examples of sales training include: • developed a training methodology a • train on the specifics of our supply agreement and how to position it in the S market place. • The trainers take the participants through an interactive session where we share best practices and supply agreement content. a • These training sessions usually have 20+ attendees and are conducted at various locations within the US. a L • As the contract matures and new candidates are ready to be trained we a develop additional modules to reflect the skill level of the sellers. 0 U 0 0 v N t K LU c L J N d .Q Q 3 U) R L R Q Z C C 0 U a U_ r E a Packet Pg. 65 4.D.a G. Provide the name, title, email and phone number for the person(s), who will be responsible for: i. Executive Support i ii. Marketing c iii. Sales :� iv. Sales Support -2 V. Financial Reporting y vi. Accounts Payable o vii. Contracts Lo 3 H. Describe in detail how Supplier's national sales force is structured, including z contact information for the highest-level executive in charge of the sales team. For Region 4, the account management team consists of one or more sales 3 consultants at each location. Each sales consultant is backed by a dedicated sales manager who maintains relationships and visits the location regularly. E These in turn may be backed by a Regional Sales Manager, and all are backed by a a General Manager for their local branch. Nationally, a dedicated Account Manager will be aligned to each future location, across the U.S. Each sales professional is a subject matter expert, focused on y providing solutions to issues that impact your locations. Providing best-in-class z support and service, our sales professionals collaborate at the local level to understand the unique requirements and needs of locations. Contact information a is finalized as locations are engaged. �a L I. Explain in detail how the sales teams will work with the OMNIA Partners team to 0 implement, grow and service the national program. We have a history of working with OMNIA sellers to drive sales. Our dedicated Public Sector sales team, work directly with OMNIA team peers including: Public Sector, Higher Education, and State Government. Working with the OMNIA partners to come up with joint targets and facilitating recurring training with Inside Sales are a few of the current partnerships. x w Sellers are trained to align our sales reps to an OMNIA seller and the team then identifies targets to pursue in their local markets. This practice of targeting L opportunities in the local market place provides direction to the sellers to pursue relevant opportunities with significant upside. a We coordinate our targeting activities with supplier partners who assist in 2 developing co-branded marketing pieces. All sellers are held responsible to report ; back results against their target list. Marketing campaigns are held at various U) times over the course of the year to reflect market opportunities for specific products. As an example, we would run a marketing campaign for hand sanitizer during the cold and flu season. With our sales reps and OMNIA's sales resources we have excellent coverage Z throughout the continental U.S. 2 O U I. Explain in detail how Supplier will manage the overall national program throughout < the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set-up, timely E contract administration, etc. As in our existing OMNIA relationship, there are touch points at all levels and daily a engagement. Our sales teams meet for purposes of targeting, joint calls, and a Packet Pg. 66 4.D.a sharing of local information. Sales leadership for both organizations speak almost daily to address selling efforts and plan strategies. Marketing teams are developing initiatives to drive sales. Training is ongoing beyond the initial phase of contract details, there are constant updates to make sure our teams are i informed and up to date. .2 c J. State the amount of Supplier's Public Agency sales for the previous fiscal year. y Provide a list of Supplier's top 10 Public Agency customers, the total purchases o for each for the previous fiscal year along with a key contact for each. L We service public sector customer locations in more than 40 states. Key sectors 3 serviced include Primary and Secondary Education, Government Agencies, Non- z Profit and Charitable Organizations, State and Local Government Agencies, and Healthcare. Our public agency sales includes the categories within this RFP; 3 including but not limited to Towel & Tissue, Chemicals, Skin Care, Can Liners, Janitorial Supplies, and Apparel/Safety/Gloves. Additional categories include Foodservice Disposables, Industrial Packaging, Printing Papers, and Miscellaneous products. a, As a privately held company, we do not disclose specific sales information, and protect the privacy of our customers. .y R t K. Describe Supplier's information systems capabilities and limitations regarding 2 order management through receipt of payment, including description of multiple a platforms that may be used for any of these functions. We would need to fully understand the exact needs and expectations of future locations to define the appropriate ordering options. Below are some examples. a Ordering options include: 0 0 • web ordering system v • EDI c CD • Phone • local ordering system • Fax/e-mail • Integration with other platforms w Our web-based order entry system is a user friendly procurement tool ensuring a simple, intuitive ordering process and customized reporting. This is supported by a ; long list of capabilities that focus on controlling costs. J • Customer specific catalogs • Budgeting and order approval options �. • Sophisticated reporting capabilities • Simple search capabilities • Quality product images and item detail • Personalized favorite lists • Optimized for mobile devices a z Some of our e-commerce offerings include: 2 ELECTRONIC CONSOLIDATED INVOICING U • Multiple sorting options, e.g., by location, by invoice # • Invoices transferred via the Internet or FTP • Consolidate into standard electronic file, e.g., delimited ASCII flat file such E as .csv or .xIs ca • Custom ASCII flat file format or XML file format available a Packet Pg. 67 4.D.a • Insertion of customer G/L codes, department or location numbers available • Transfer via magnetic tape, disk or CD available EDI AND OTHER ELECTRONIC INVOICING i • EDI through Value Added (VAN) or FTP c • Standard EDI 810 invoice • Customized EDI 810 invoice available • Invoice in standard ASCII flat file format o • Transfer via Internet or FTP c • XML file format or Custom ASCII flat file format available 3 d z PAYMENT METHODS • Electronic funds transfer (EFT) 3 • Automated clearing house (ACH) • EDI 820 remittance E as • Other electronic formats c .y L. Provide the Contract Sales (as defined in Section 10 of the OMNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement a m ("Guaranteed Contract Sales"). >_ �a L $0.00 in year one o $0.00 in year two 0 $0.00 in year three 0 To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. x Not knowing if this is a multi-supplier award or a sole source award, it is difficult to w determine what customers will purchase. c L d M. Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances J where Public Agencies will issue their own solicitations. The following options are a available when responding to a solicitation for Products covered under the Master a Agreement. L Q CZ C O V Q U_ d E t V Q Packet Pg. 68 4.D.a i. Respond with Master Agreement pricing (Contract Sales reported toOMNIA Partners). o ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond y withlower pricing through the Master Agreement. If Supplier is o awarded the contract, the sales are reported as Contract Sales o to OMNIA Partners under the Master Agreement. 3 as iii. Respond with pricing higher than Master Agreement only in the Z unlikely event that the Public Agency refuses to utilize Master 3 Agreement (Contract Sales are not reported to OMNIA Partners). iv. If alternative or multiple proposals are permitted, respond with a pricing higher than Master Agreement, and include Master a Agreement as the alternate or additional proposal. c .y Detail Supplier's strategies under these options when responding to a solicitation. a On a case by case basis we will evaluate the market and deploy the best pricing > strategy that we feel will win the business given the specifics outlined in the a RFP process. a 0 0 U 0 0 .r t x LU c 0 L r Y J N d .Q Q 3 U) R L Q Z 2 0 U Q U- c E t ca Q Version April 1, 2021 Packet Pg. 69 4.D.a ctyt re lOnRFP Solicitation number 21-13 � 4� C Cleaning Supplies, Breakroom and Related Products c L A IV. EVALUATION PROCESS AND CRITERIA o b) PERFORMANCE CAPABILITY 3 d Z Note: These topics are additionally covered in extended detail within Appendix D, Exhibit A, and 3 OMNIA Partners Response for National Cooperative Contract b) Performance Capability a� Q i. Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National Cooperative Contract. Responses should highlight experience, demonstrate a strong national presence, describe how Offeror will educate its national sales force about the Contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to a OMNIA Partners. Exhibit A complete. Sales volume is tracked and reported to OMNIA during Annual Business Reviews. o Sales reports are available upon request. 0 U ii. The successful Offeror will be required to sign Appendix D, Exhibit B, OMNIA Partners c Administration Agreement prior to Contract award. Offerors should have any reviews required to sign the document prior to submitting a response. Offeror's response should include any proposed exceptions to OMNIA Partners Administration Agreement on Appendix B, Terms and Conditions Acceptance Form. x w iii. Include completed Appendix D, Exhibits F. Federal Funds Certifications and G. New Jersey Business Compliance. Attached. Lo J iv. Describe and provide proof of an extensive distribution system. a We are a global 13213 distribution organization supported by the power of local expertise. a We have the ability to deliver to 95% of the US population freight free. We service all 50 states, co North America, and select countries in the Caribbean. See Exhibit Map of Locations L v. Describe any quality assurance, quality control, or improvement processes and programs as it relates to the green/sustainable products as well as other products and services being provided by Offeror. g As a distributor, we do not manufacture products, therefore our environmental focus is order Z fulfillment from our warehouses aligned to your facilities, local delivery fleets with dynamic o routing systems which facilitate the reduction of carbon emissions, local recycling and energy conservation programs, e-business transactions, use of Energy Star appliances, water use U- reduction, etc. We partner with manufacturers who have environmentally preferred facilities, support E responsible human resource practices, and produce quality products which are recyclable, compostable and sustainable. Packet Pg. 71 4.D.a vi. Describe how Offeror responds to emergency orders. i In the event of a disaster that renders a distribution center unable to meet a location's required c level of service, we will shift orders to the nearest DC. With regard to IT system infrastructure, our primary Data Center is linked to a Disaster Recovery Site (DRS). L N vii. What is Offeror's average Fill Rate? a Y The corporate account fill rate on core items. 3 a� viii. What is Offeror's average on time delivery rate? Describe Offeror's history of meeting the Z shipping and delivery timelines. Historic delivery performance is in excess of 98% on the promised delivery day. Location 3 delivery and on-time metrics are available upon request. For any special order requests, delivery time is determined by manufactuer based on production E and manufacturing schedlues. a ix. Describe Offeror's return and restocking policy. Items returned due to customer error will be charged a restocking fee; however, if the result of distributor error, the restocking fee will be waived. All returned products must be in the original container, in resalable condition and usable prior to expiration date of the product, and made within 90 days of delivery date. . x. Describe Offeror's ability to meet service and warranty needs. Product warranty needs will be directed to the product manufacturer. o 0 A. Describe Offeror's customer service/problem resolution process. Include hours of operation, number of services, etc. o A dedicated Customer Service Representative is responsible for providing internal sales support to corporate account customers. They act as a key communicator in the identification and prompt resolution of any account issues through coordination between us, our servicing distributors, suppliers and Region 4 personnel. The Customer Service structure is also multi-layered. Corporate and local phone support is w available Monday through Friday, 7:00 a.m. to 6:00 p.m. in each respective time zone. Corporate Headquarters provides a dedicated Corporate Account Specialist and back-up to help resolve issues or respond to program inquiries. In addition, our distributors will work with locations to provide local telephone numbers, emergency numbers and after hour contacts to J insure the ultimate service levels to Region 4. a .Q Q. On the rare occasion that service expectations are not being met, we have a multi-step, internal resolution process which addresses the issue. The process outlines corrective action and - penalties if the issue is not resolved. When the service issue cannot be remedied; location o reassignment is enforced. xii. Describe Offeror's invoicing process. Include payment terms and acceptable methods of g payments. Offerors shall describe any associated fees pertaining to credit cards/p-cards. Z Payment terms are Net 30 days from invoice date. o U Various invoicing methods are available depending on Region 4 needs. These include U_ electronic consolidated invoicing and EDI or other electronic invoicing. Payment may be submitted via electronic funds transfer (EFT), bank check, automated clearing house (ACH), E EDI 820 remittance, or other electronic formats. Credit cards may be submitted at time of purchase and will be subject to an additioanl handling fee. a Packet Pg. 72 4.D.a xiii. Describe Offeror's contract implementation/customer transition plan. i See description. c xiv. Describe the financial condition of Offeror. L As a private corporation; we do not disclose financial statements or specific financial information n to individuals or entities. We have no bankruptcies or financial hardships to disclose. o 3 xv. Provide a website link in order to review website ease of use, availability, and capabilities z related to ordering, returns and reporting. Describe the website's capabilities and functionality. Schedule a demonstration with our ecommerce team or visit our website for an introduction to our e- 3 Commerce site. c m E xvi. Describe the Offeror's safety record. There are no safety concerns to report. a a� xvii. Provide any additional information relevant to this section. y We are available to answer any additional questions about our Performance Capabilities. U L a a� ca L Q 0 O U 0 (D N t x LU c L r Y J N 2 .Q Q 3 U) •L Q Z 2 0 U Q U- c E t ca Q Packet Pg. 73 4.D.a ctyt)re lOnf/�J RFP Solicitation number 21-13 I C Cleaning Supplies, Breakroom and Related Products c w •L IV. EVALUATION PROCESS AND CRITERIA o c) Qualification and Experience Z Note: These topics are additionally covered in extended detail within Appendix D, Exhibit A, and OMNIA Partners Response for National Cooperative Contract a� c) Qualification and Experience a� L i. Provide a brief history of the Offeror, including year it was established and corporate office Q location. c We were established in 1968. A handful of distribution companies created a collaborative partnership which would allow them to expand their ability to provide products and related services to large regional customers. Our Corporate Account Directors are geographically a located throughout the U.S. You get national distribution with the advantages of a locally supported program. cc }'- ii. Describe Offeror's reputation in the marketplace. As the premier distributor within our markets, we have a solid reputation among customers and o manufacturers. Our average corporate account has been serviced for over 15 years. 0 We provide a broad product selection, having built alliances with the industry's best in class manufacturers. c v iii. Describe Offeror's reputation of products and services in the marketplace. r We partner with the top manufacturers in the industry priding ourselves on long term relationships and communication. We have built a highly regarded reputation as a resource for x innovation. Our familiarity with end user issues and expertise in the cleaning arena affords us much knowledge. There are over 100 manufacturer partners. iv. Describe the experience and qualification of key employees. We have over 35 years of experience in the sanitary supply and wholesale distribution industry. We look to our team for direction and insights as we continue to grow and invest in the Public N Sector. .Q a v. Describe Offeror's experience working with the government sector. cn We have been a dominant player in the public sector, and have an ongoing partnership with OMNIA. We are a true expert in the market, recognizing the value of working with a variety of o lead agencies. vi. Describe past litigation, bankruptcy, reorganization, state investigations of entity or current g officers and directors. Z r- We are not currently, nor have we ever been, involved in litigation, bankruptcy, or o reorganization proceedings. a U- vii. Provide a minimum of 10 customer references relating to the products and services within c this RFP. Include entity name, contact name and title, contact phone and email, city, state, E years serviced, description of services and annual volume. a Packet Pg. 74 4.D.a In order to maintain customer privacy, we are unable to provide extensive list of contacts or i sales details. 0 We are glad to discuss directly if you require more information. 3 .L viii. Provide any additional information relevant to this section. n We are available to provide any additional information regarding our Qualification and a Y Experience. o 3 m z z 3 r c m E as a� L Q .y R t V L a a� ca L Q 0 O U 0 0 x w c L r Y J N d .Q Q 3 U) R O cC Q z 2 O U Q U- c E t V R Q Packet Pg. 75 4.D.a ctytre l�rlRFP Solicitation number 21-13 ) �r Cleaning Supplies, Brea kroom and Related Prcduds o w •L IV. EVALUATION PROCESS AND CRITERIA o d) VALUE ADD Z Note: These topics may be additionally covered within Appendix D, Exhibit A, and OMNIA c Partners Response for National Cooperative Contract. a� i. As indicated in the Scope of Work, describe how the following categories, if any, are included in the contract: Q • Ecommerce Our ecommerce solution was built with our customers in mind. An easy to navigate system simplifies the buying process, whether you have one location or one thousand, and allows a seamless path to procurement. User-friendly and dynamic, including mobile access, the a platform allows your team to quickly search, browse, and order products. You can easily review shipping, order details, and payment options before placing orders. Par Ordering and CU Par On-Hand functionality enhances the ability to proactively manage inventory levels and a improve productivity. o This is central point of connectivity and information for your business. As the primary access U point to place orders, you will have access to reporting, customer support, and other tools to manage the buying process. Information on topics relevant to your business can also be found here. This will be your knowledge source, including articles, information, and trends -- relevant to your industry. r • Consulting Services w We have an on-site consulting program designed to ensure a clean, healthy environment. The three-step process includes interviews with key staff, a site assessment that addresses M operational issues; such as appropriate chemical use and cleaning procedures, a quantifiable measure of clean, etc., and a summary of key findings. Beyond reviewing the current situation, we engage staff in a discussion to explore the findings and develop a joint a action plan toward continuous improvement. The result is an increased awareness of proper Q cleaning, hand hygiene, and collaboration in creating a cleaner, healthier environment of care. We have been awarded the Seal of Review and Recognition from the Association for U) the Healthcare Environment (AHE) demonstrating that protocols and recommendations of the program achieve the standards of cleaning as outlined by the industry's premier association. Q z • Training & Education p Product Selection and Use Training- U_ We are dedicated to improving operational efficiency by introducing products and ensuring proper use. All representatives are trained on core product categories and can provide local support to users. Training is provided for key products which are regularly purchased. CU a Packet Pg. 76 4.D.a We provide training programs on product use, cleaning techniques, recommended product i application, proper use of equipment, and are available to assist in any challenging issues c that may arise. Training of product use for items provided to Region 4 is available, as 3 required and requested. 12 L We are dedicated to improving efficiencies by introducing new products and ensuring proper use. Sales professionals share these solutions and proactively support a process of o continuous improvement, where appropriate. • Equipment training either on-site or at our distributor operated full service repair facilities, z where available and as allowed. • Local site inspection visits to ensure that products are performing to expectation. r • Product suggestions that may offer new technology or cost and labor efficiencies. a� We also provide, as needed, product use and application training for specific tasks, such as: • Hard Floor Care Q a� • Carpet Care .N • Restroom Care • Maintenance of Public Areas • Cleaning and Disinfecting Products and Procedures a a� • Green Awareness '- ca L Corporate account personnel trains the sales team how to properly navigate and deploy the o OMNIA Master agreement to the market. We have a dedicated team that specializes in v Public Sector, whether it be market trends, needs of public procurement, segment expertise, and more. We bring this unique value by have these experts available to support and prepare o the sales team to serve Region 4 locations. The University, a proprietary web-based training program, was designed to improve staff knowledge and performance while reducing operational costs. We deliver timely, relevant x information on the key issues related to environmental services professionals through convenient webinar sessions that are available live and at each individual's convenience. In addition, we frequently host open house showcases including educational sessions, product introductions and relevant available seminars at their local warehouses. J • Software Punch Out .d 2 Q We have the ability to provide punch-out catalogs to integrate with most systems. We suggest a conversation with our IT staff to determine all possible options. U) Our ecommerce system designed to provide a simple, intuitive ordering process. Marketplace is supported by a long list of capabilities that focus on controlling costs. • Easy punch-out integration Q • Inventory management with par levels for on-hand and ordering functions Z • 24/7 access - internet, tablets, phone, and laptops o U a U_ • Green/Sustainability Program (include details such as: policies, products, distribution, and certifications) E We are committed to a proactive approach in balancing today's economic realities with the a a Packet Pg. 77 4.D.a responsibility of implementing sustainable business processes. We continually work to i reduce our own ecological footprint as an organization; including the use of local fleets with c systematic routing for reduced carbon emissions, local sourcing, recycling and energy conservation programs, e-business transactions, and the use of EnergyStar appliances. 0 We are a member of the U.S. Green Building Council and actively involved at the chapter L level, as are many of our distributors. We have a LEED°Accredited Professional on staff who monitors sustainability trends and is closely aligned with our supplier community to z stay abreast of their individual initiatives. As a strong advocate for corporate and social responsibility, we offer a full line of environmentally-preferred products and a proprietary r evaluation program, designed to assess a customer's current situation and then align the processes, products, suppliers and monitoring tools necessary to achieve sustainability, E sanitation and wellness goals. Q The promotion and availability of green products is based upon your level of interest, recycling and composting dedication, financial investment, and need. We suggest this be discussed in detail at the appropriate time. Many of the products we purchase and provide to our customers carry various a a� certifications. These vary by product and manufacturer selected. To help drive thecc >_ utilization and awareness of these products, certifications such as Green Seal, etc. are clearly indicated and searchable within our on-line ordering system. We offer a full line of o environmentally-preferred products and a proprietary evaluation program. Spend reporting of such products is also provided at any time and is a standard report included in our 0 Business Reviews. v Green qualifications may require suggested application procedures, as well as product certifications. We will assist your locations with training of the proper cleaning methods and x product use, as well as product selections that best meet your maintenance, environmental and efficacy needs. M L • Repair Services J Maintenance and Service Programs -We can provide janitorial equipment and accessories including floor machines, vacuums, scrubbers, burnishing equipment, shop and backpack vacuums, blowers, etc. Equipment sales and related repairs, including replacement parts, loaners, equipment pick-up and delivery, and other related services are available and priced cn as needed, based upon equipment, manufacturer, and services required. Most repairs and services are provided in house. o .E • Customer Support Services ? Sku Rationalization - We will work with your procurement staff towards product consolidation Z and SKU standardization of your core product list. Field representatives will work with sites 2 to assess the needs of individual locations. While the main focus is to establish an overall O U product bundle to be utilized by all locations, the specific needs of facilities are addressed as well. We will provide Region 4 with suggested products for addition to manufacturer r contracts managed by Customer; thereby reinforcing purchasing leverage and update the a product bundle to reflect any agreed upon changes. Through joint efforts of your E procurement staff, manufacturers and local representatives, we drive program compliance a Packet Pg. 78 4.D.a down to the local level. i c 0 • Sourcing Connecting with the right suppliers is crucial. Strategic supply management finds the y perfect balance between improving product quality and service while reducing the total o cost. We are well positioned in times of shortages or short supply. o Additionally manufacturer relationships and sourcing expertise provide deep insight into the supply chain. Our category experts understand supply, logistical challenges, raw z material constraints, pricing, industry response and future outlook. 3 r c as Creating a seamless supply chain starts with finding products and the best sources to E purchase from, whether from the top manufacturers or private labeled products. We employ our own team of dedicated personnel to negotiate and manage offshore purchases a and overall quality. Our internal affiliate directly works with global sources to provide alternate and private label products. This was a great resource during to continue to serving our customers throughout the Covid-19 crisis. We help you to establish a consistent supply chain by a (D starting with the right source. >_ �a L Q 0 0 U 0 0 .r t K LU c L r Y J N d .Q Q 3 U) R L O Q Z 2 0 U Q U- c 0 E t ca Q Packet Pg. 79 4.D.a EXHIBIT F m FEDERAL FUNDS CERTIFICATIONS N L O t w 3 Q FEDERAL CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT o 3 TO WHOM IT MAY CONCERN: L w y Participating Agencies may elect to use federal funds to purchase under the Master Agreement.This form should be completed and returned. 3 DEFINITIONS z Contract means a legal instrument by which a non—Federal entity purchases property or services needed to carry out the project s or program under a Federal award.The term as used in this part does not include a legal instrument, even if the non—Federal 3 entity considers it a contract,when the substance of the transaction meets the definition of a Federal award or subaward c m Contractor means an entity that receives a contract as defined in Contract. L Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through Q entity and a non—Federal entity that,consistent with 31 U.S.C.6302-6305: (a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non—Federal entity to carry out a public purpose authorized by a law of the s United States(see 31 U.S.C.6101(3));and not to acquire property or services for the Federal government or pass-through L entity's direct benefit or use; a (b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non—Federal entity in carrying out the activity contemplated by the Federal award. (c)The term does not include: (1)A cooperative research and development agreement as defined in 15 U.S.C.3710a;or c (2)An agreement that provides only: o (i)Direct United States Government cash assistance to an individual; v (ii)A subsidy; c (iii)A loan; (iv)A loan guarantee;or (v)Insurance. Federal awarding agency means the Federal agency that provides a Federal award directly to a non—Federal entity w Federal award has the meaning,depending on the context, in either paragraph (a)or(b)of this section: (a)(1) The Federal financial assistance that a non—Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity,as described in§200.101 Applicability;or w (2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non—Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability. — (b)The instrument setting forth the terms and conditions.The instrument is the grant agreement,cooperative agreement, a other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost- y reimbursement contract awarded under the Federal Acquisition Regulations. Ta (c)Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor o or a contract to operate Federal government owned,contractor operated facilities(GOCOs). (d)See also definitions of Federal financial assistance,grant agreement,and cooperative agreement. Q Non—Federal entity means a state,local government,Indian tribe,institution of higher education(IHE),or nonprofit organization Z that carries out a Federal award as a recipient or subrecipient. O Nonprofit organization means any corporation,trust,association,cooperative,or other organization, not including IHEs,that: a (a) Is operated primarily for scientific,educational,service,charitable,or similar purposes in the public interest; LL (b) Is not organized primarily for profit;and (c)Uses net proceeds to maintain, improve,or expand the operations of the organization. E s �a r r a Packet Pg. 80 4.D.a Obligations means, when used in connection with a non—Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require N payment by the non—Federal entity during the same or a future period. 0 s w Pass-through entity means a non—Federal entity that provides a subaward to a subrecipient to carry out part of a Federal Q program. 0 Recipient means a non—Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an 3 activity under a Federal program.The term recipient does not include subrecipients. L w y Simplified acquisition threshold means the dollar amount below which a non—Federal entity may purchase property or p services using small purchase methods. Non—Federal entities adopt small purchase procedures in order to expedite the L purchase of items costing less than the simplified acquisition threshold.The simplified acquisition threshold is set by the Federal 0 Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions)and in accordance with 41 U.S.C. 1908.As of the publication of this 3 m part,the simplified acquisition threshold is$250,000, but this threshold is periodically adjusted for inflation. (Also see definition Z of§200.67 Micro-purchase.) r 3 Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal c award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program.A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Q Subrecipient means a non—Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program;but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other y Federal awards directly from a Federal awarding agency. s L Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of a performance. r 0 The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, a 0 awarded by the Participating Agency and the Participating Agency's subcontractors shall contain the procurement provisions of 0 Appendix II to Part 200,as applicable. r O APPENDIX II TO 2 CFR PART 200 (A)Contracts for more than the simplified acquisition threshold currently set at$250,000,which is the inflation adjusted w amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances s where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. X w Pursuant to Federal Rule(A)above,when a Participating Agency expends federal funds, the Participating Agency reserves all = rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract L by either party. w Does offeror agree?YES Initials of Authorized Representative of offeror m (B)Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will beCL Q effected and the basis for settlement.(All contracts in excess of$10,000) CO Pursuant to Federal Rule(B)above,when a Participating Agency expends federal funds,the Participating Agency reserves the right to immediately terminate any agreement in excess of$10,000 resulting from this procurement process in the event of a o breach or default of the agreement by Offeror as detailed in the terms of the contract. 0 Does offeror agree? YES Initials of Authorized Representative of offeror Q (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the Z definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause p provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 t� CFR 12319, 12935,3 CFR Part,1964-1965 Comp.,p.339),as amended by Executive Order 11375,"Amending Executive LL Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR part 60, "Office of ; Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." 0 Pursuant to Federal Rule (C)above,when a Participating Agency expends federal funds on any federally assisted construction Version April 1,2021 r r a Packet Pg. 81 4.D.a contract,the equal opportunity clause is incorporated by reference herein. m N Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror o s w (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime 3 construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance Q with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations c (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In w addition,contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non c - Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must 3 also include a provision for compliance with the Copeland "Anti-Kickback"Act(40 U.S.C. 3145),as supplemented by z Department of Labor regulations(29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work s Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or 3 subrecipient must be prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal £ entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair,offeror will be in compliance with all applicable Davis-Bacon Act provisions. Q Does offeror agree?YES Initials of Authorized Representative of offeror .y (E) Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable,all contracts awarded by s the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR a Part 5).Under 40 U.S.C.3702 of the Act,each contractor must be required to compute the wages of every mechanic and > laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all a hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction o work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions V which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of o CD intelligence. le Pursuant to Federal Rule(E) above,when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process. X w Does offeror agree? YES Initials of Authorized Representative of offeror = (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding w agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of J experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must 0 comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small a CL Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. CO 2 Pursuant to Federal Rule(F)above,when federal funds are expended by Participating Agency,the offeror certifies that during o the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to c comply with all applicable requirements as referenced in Federal Rule(F)above. Does offeror agree? YES Initials of Authorized Representative of offeror Q z 2 (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as O amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non- Q Federal award to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air LL Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387).Violations ; must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency y (EPA) s Version April 1,2021 r r a Packet Pg. 82 4.D.a Pursuant to Federal Rule(G)above,when federal funds are expended by Participating Agency,the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror N agrees to comply with all applicable requirements as referenced in Federal Rule(G)above. o s w Does offeror agree? YES Initials of Authorized Representative of offeror Q I (H)Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award(see 2 CFR 180.220)must not be c made to parties listed on the government wide exclusions in the System for Award Management(SAM), in accordance with the Executive Office of the President Office of Management and Budget (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), w "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise o excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 0 0 3 Pursuant to Federal Rule(H)above,when federal funds are expended by Participating Agency,the offeror certifies that during m the term of an award for all contracts by Participating Agency resulting from this procurement process,the offeror certifies that Z neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded s from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals 3 w becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency,the offeror will notify the Participating Agency. £ m Does offeror agree? YES Initials of Authorized Representative of offeror Q (1) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 Im 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 s of any agency,a member of Congress,officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must a also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. > Such disclosures are forwarded from tier to tier up to the non-Federal award. L Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during c the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement 0 process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment(31 v U.S.C. 1352). The undersigned further certifies that: r (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress,or an employee of a Member of Congress in connection with the awarding of a Federal contract,the making of a Federal grant, w the making of a Federal loan,the entering into a cooperative agreement,and the extension,continuation,renewal,amendment, or modification of a Federal contract,grant,loan,or cooperative agreement. X (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or w attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, c or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement,the undersigned shall L complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions. w (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose 0 accordingly. 2 0- Does offeror agree? YES Initials of Authorized Representative of offeror 3 CO RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS 0 When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror 0 certifies that it will comply with the record retention requirements detailed in 2 CFR§200.333.The offeror further certifies that 7 offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees Q submit final expenditure reports or quarterly or annual financial reports,as applicable,and all other pending matters are closed. Z O Does offeror agree? YES Initials of Authorized Representative of offeror ti a CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT LL When Participating Agency expends federal funds for any contract resulting from this procurement process,offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy s Version April 1,2021 r r a Packet Pg. 83 4.D.a conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C.6321 et seq.;49 C.F.R.Part 18). m N Does offeror agree? YES Initials of Authorized Representative of offeror o s w CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS Q I To the extent purchases are made with Federal Highway Administration,Federal Railroad Administration,or Federal Transit = 0 Administration funds,offeror certifies that its products comply with all applicable provisions of the Buy America Act and 3 agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request.Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling w for free and open competition. o L Does offeror agree? YES Initials of Authorized Representative of offeror 3 m CERTIFICATION OF ACCESS TO RECORDS—2 C.F.R.§200.336 Z s r Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any 3 documents, papers, or other records of offeror that are pertinent to offeror's discharge of its obligations under the Contract for the purpose of making audits, examinations,excerpts,and transcriptions.The right also includes timely and reasonable access to offeror's personnel for the purpose of interview and discussion relating to such documents. Does offeror agree? YES Initials of Authorized Representative of offeror Q CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS w Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. L Does offeror agree? YES Initials of Authorized Representative of offeror a r Offeror agrees to comply with all federal,state,and local laws,rules,regulations and ordinances,as applicable.It is further acknowledged that offeror certifies compliance with all provisions,laws,acts,regulations,etc.as a specifically noted above. °o Network Services Company U Offeror's Name: r O 1100 E.Woodfield Road,Suite 200,Schaumburg,IL 60173 Address,City,State,and Zip Code: 224.361..2278 Phone Number: Fax Number: s X w Printed Name and Title of Authorized Representative: Daniel Ceko,Treasurer&Corporate Counsel L dceko@networkdistribution.com w Email Address: i J Daniel Ceko 08/10/2021 ' Signature of Authorized Representative: Date: .Q a C0 Ta L Q Z 2 O U Q LL _ d E s Version April 1,2021 r r a Packet Pg. 84 4.D.a OMNIA PARTNERS EXHIBITS EXHIBIT G NEW JERSEY BUSINESS COMPLIANCE L 0 t NEW JERSEY BUSINESS COMPLIANCE a i Suppliers intending to do business in the State of New Jersey must comply with policies and c procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the offeror's response to the RFP. Failure to complete the New Jersey packet will impact OMNIA o Partners' ability to promote the Master Agreement in the State of New Jersey. L 0 DOC #1 Ownership Disclosure Form z s DOC #2 Non-Collusion Affidavit 3 DOC #3 Affirmative Action Affidavit E a� a� L DOC #4 Political Contribution Disclosure Form a DOC #5 Stockholder Disclosure Certification N DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran a. as DOC #7 New Jersey Business Registration Certificate c� L New Jersey suppliers are required to comply with the following New Jersey statutes when a 0 applicable: v • all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. CD 10:2-14,N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38; • Prevailing Wage Act,N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the x Act; w �a • Public Works Contractor Registration Act,N.J.S.A. 34:11-56.26; and m • Bid and Performance Security, as required by the applicable municipal or state statutes. N d .Q a Cn •L 0 �a a z 0 a LL Requirements for National Cooperative Contract E Page 26 of 44 a Packet Pg. 85 4.D.a OMNIA PARTNERS EXHIBITS EXHIBIT G NEW JERSEY BUSINESS COMPLIANCE L O t DOC#1 OWNERSHIP DISCLOSURE FORM a I (N.J.S. 52:25-24.2) c r Pursuant to the requirements of P.L. 1999,Chapter 440 effective April 17,2000(Local Public Contracts Law), the offeror shall complete the form attached to these specifications listing the persons owning 10 percent(10%) N or more of the firm presenting the proposal. In Y L Company Name: Network Services Company 0 3 r d z Street: 1100 E.Woodfield Road,Suite 200 t r 3 City, State,Zip Code: Schaumburg,Illinois 60173 +' d E Complete as appropriate: d L I certify that I am the sole owner of Q that there are no partners and the business is not c incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply. OR: 2 L I a partner in do hereby certify that the following is a list of all individual partners who own a 10%or greater interest therein. I 0) further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set forth the names and addresses of the stockholders holding 10%or more of that corporation's stock or the individual partners owning 10%or greater interest in that partnership. a OR: O v I Daniel Ceko an authorized representative of Network Services Company a corporation, do hereby certify that the following is a list of the names and c addresses of all stockholders in the corporation who own 10%or more of its stock of any class. I further 7T- certify that if one(1) or more of such stockholders is itself a corporation or partnership, that there is also set r forth the names and addresses of the stockholders holding 10%or more of the corporation's stock or the individual partners owning a 10%or greater interest in that partnership. x w (Note: If there are no partners or stockholders owning 10% or more interest,indicate none.) Name Address Interest m NONE J to d .Q Q 0 Cl) 0 •L O I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. Daniel Ceko DI9Rally sl-1C.k Darnel Ceo a (� DN:m=Daniel Ceko,¢Netwark Services Company, August 27,2019 mall=dceko@ne workdistribudan.<om,<=U8 Dace:2019082]1031:28-0800' 2 Date Authorized Signature and Title O a U- Requirements for National Cooperative Contract E Page 27 of 44 a Packet Pg. 86 4.D.a OMNIA PARTNERS EXHIBITS EXHIBIT G NEW JERSEY BUSINESS COMPLIANCE L 0 t DOC#2 NON-COLLUSION AFFIDAVIT a _ Network Services Company Company Name: ° Street: 1100 E. Woodfield Road, Suite 200 N City, State, Zip Code: Schaumburg, Illinois 60173 ° 0 State of Illinois Z County of Cook 3 I Daniel Ceko of the Schaumburg Name City in the County of Cook Illinois, State of = offull age, being duly sworn according to law on my oath depose and say that: lam the Treasurer and Legal Counsel of the firm of Network Services Company a Title Company Name c� L the Offeror making the Proposal for the goods, services or public work specified under the attached a proposal, and that I executed the said proposal with full authority to do so; that said Offeror has not $ directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken v any action in restraint of free, competitive bidding in connection with the above proposal, and that c CD all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the said goods, services or public M work. s x w I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or °r contingent fee, except bona fide employees or bona fide established commercial or selling agencies J maintained by v, d Network Services Company o °dl "x.- Daniel Ce ko° _;°e,��� �­­ a Company Name Authorized Signature & Title N •L Subscribed and sworn before me ° �a this day of , 20 g z 0 Notary Public of v a My commission expires , 20 a_ Requirements for National Cooperative Contract E Page 28 of 44 a Packet Pg. 87 4.D.a SEAL OMNIA PARTNERS EXHIBITS L EXHIBIT G NEW JERSEY BUSINESS COMPLIANCE C t DOC#3 Q i AFFIRMATIVE ACTION AFFIDAVIT c (P.L. 1975, C.127) L Company Name: Network Services Company An c Street: 1100 E. Woodfield Road, Suite 200 0 City, State,zip Code: Schaumburg, Illinois 60173 z s Proposal Certification: a� Indicate below company's compliance with New Jersey Affirmative Action regulations. Company's E proposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met. Q _ Required Affirmative Action Evidence: Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal: a a� 1. A photo copy of their Federal Letter of Affirmative Action Plan Approval L Q Q OR 0 c� 2. A photo copy of their Certificate of Employee Information Report c OR 3. A complete Affirmative Action Employee Information Report(AA302) x w Public Work—Over $50,000 Total Proiect Cost: sa L d A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form J AA201-A upon receipt from the .Q B. Approved Federal or New Jersey Plan—certificate enclosed N I further certify that the statements and information contained herein, are complete and correct to 0 the best of my knowledge and belief. c �a Ulglcally signed by Uanlel Ceko Daniel Ceko �� Dnlel«o.o�e�o*=e�l <omaa.. , August 27, 2019 : ou,email=d<eko@dlsMbutlon<om,o-US Q mv.oan ioes:035-oa-osna• Date Authorized Signature and Title O U Q w Requirements for National Cooperative Contract E Page 29 of 44 Q Packet Pg. 88 4.D.a OMNIA PARTNERS EXHIBITS EXHIBIT G-NEW JERSEY BUSINESS COMPLIANCE L 0 t DOC#3,continued P.L.1995,c. 127(N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE Q c PROCUREMENT,PROFESSIONAL AND SERVICE 0 CONTRACTS During the performance of this contract,the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual L orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and 0 that employees are treated during employment, without regard to their age,race,creed, color,national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: Z employment,upgrading,demotion,or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay t r or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in 3 conspicuous places,available to employees and applicants for employment,notices to be provided by the Public Agency = Compliance Officer setting forth provisions of this non-discrimination clause. d E The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to 0) age,race,creed,color,national origin,ancestry,marital status,sex,affectional or sexual orientation. Q c The contractor or subcontractor,where applicable,will send to each labor union or representative of workers with which N it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers'representative of the contractor's commitments under this act and L shall post copies of the notice in conspicuous places available to employees and applicants for employment. (L a) The contractor or subcontractor,where applicable,agrees to comply with any regulations promulgated by the Treasurer > pursuant to P.L. 1975,c. 127,as amended and supplemented from time to time and the Americans with Disabilities Act. L The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent a with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to 0 P.L. 1975,C.127,as amended and supplemented from time to time or in accordance with a binding determination of the V applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 c promulgated by the Treasurer pursuant to P.L. 1975,C.127,as amended and supplemented from time to time. CD The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including r employment agencies,placement bureaus, colleges,universities, labor unions,that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will x discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. w M The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel = �a 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. m The contractor or subcontractor agrees to review all procedures relating to transfer,upgrading,down adin and lay-off J tn' p g downgrading Y N to ensure that all such actions are taken without regard to age,creed,color,national origin,ancestry,marital status, sex, affectional or sexual orientation,and conform with the applicable employment goals,consistent with the statutes and court Q- a decisions of the State of New Jersey,and applicable Federal law and applicable Federal court decisions. in The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public 0 agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code(NJAC 17:27). Q Z Digitally signed by Daniel Ceko Daniel Ce ko oDN cn=Daniel Ceko,o=NeworkService Company, O u mail=d&2710 36 06-05'00'ution.com,<=US Dale:2019.08.2]10:36:06-OS'00' ' Signature of Procurement Agent U_ c Requirements for National Cooperative Contract E Page 30 of 44 a Packet Pg. 89 4.D.a OMNIA PARTNERS EXHIBITS EXHIBIT G NEW JERSEY BUSINESS COMPLIANCE L 0 DOC #4 C.271 POLITICAL CONTRIBUTION DISCLOSURE FORM Public Agency Instructions a i This page provides guidance to public agencies entering into contracts with business entities that are required to file c Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors.What follows c r are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26(P.L. 2005,c.271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (http://www.ni.aov/dca/divisions/dlgs/resources/lfns_2006.htm1). Please refer back to these N instructions for the appropriate links,as the Local Finance Notices include links that are no longer operational. L 1. The disclosure is required for all contracts in excess of$17,500 that are not awarded pursuant to a"fair and open" 0 process(N J.S.A. 19:44A-20.7). Z 2. Due to the potential length of some contractor submissions,the public agency should consider allowing data to be r submitted in electronic form(i.e.,spreadsheet,pdf file,etc.). Submissions must be kept with the contract documents 3 or in an appropriate computer file and be available for public access. The form is worded to accept this alternate = submission. The text should be amended if electronic submission will not be allowed. d E 3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file. Lai Q 4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies,including all public agencies that have elected officials in the county of the public agency,state legislative N positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political 2 L committees of the officials and candidates affected by the disclosure. a. a. The Division has prepared model disclosure forms for each county. They can be downloaded from the"County PCD Forms" link on the Pay-to-Play web site at htt2://www.ni.aov/dca/divisions/dljzs/procrams/lpcl.html#12. M They will be updated from time-to-time as necessary. a b. A public agency using these forms should edit them to properly reflect the correct legislative district(s). As o the forms are county-based, they list all legislative districts in each county. Districts that do not represent V the public agency should be removed from the lists. c. Some contractors may find it easier to provide a single list that covers all contributions,regardless of the county. c These submissions are appropriate and should be accepted. d. The form may be used"as-is",subject to edits as described herein. N e. The "Contractor Instructions" sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed s on the back of the form;where that is not the case,the text should be edited accordingly. L j f. The form is a Word document and can be edited to meet local needs,and posted for download on web sites,used c as an e-mail attachment,or provided as a printed document. ca L d 5. It is recommended that the contractor also complete a"Stockholder Disclosure Certification." This will assist the y local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice _d 2006-7 for additional information on this obligation at a hqp://www.ni.aov/dca/divisions/dlas/resources/Ifns 2006.html . A sample Certification form is part of this package C and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to N Boards of Education. •L 0 R Q CZ L 0 V Q U_ Requirements for National Cooperative Contract E Page 31 of 44 Q Packet Pg. 90 4.D.a OMNIA PARTNERS EXHIBITS EXHIBIT G NEW JERSEY BUSINESS COMPLIANCE L Doc#4, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions Q i Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a "fair and = 0 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- r 20.26). This law provides that 10 days prior to the award of such a contract,the contractor shall disclose contributions to: w G • any State,county,or municipal committee of a political party L • any legislative leadership committee" 0 3 • any continuing political committee(a.k.a.,political action committee) d • any candidate committee of a candidate for,or holder of,an elective office: Z 0 of the public entity awarding the contract r 0 of that county in which that public entity is located 3 0 of another public entity within that county 0 or of a legislative district in which that public entity is located or,when the public entity is a county,of E any legislative district which includes all or part of the county 00) L The disclosure must list reportable contributions to any of the committees that exceed$300 per election cycle that were Q 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 not a p tY�is � natural person. This includes the following: a • 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 a • any subsidiaries directly or indirectly controlled by the business entity 0 • IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity �j and filing as continuing political committees,(PACs). 0 0 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 N disclosure. s Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an L j amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. _ �a The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official y and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor's responsibility to y identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed J information may exceed the minimum requirement. ai Q The enclosed form,a content-consistent facsimile,or an electronic data file containing the required details(along with a 0 signed cover sheet) may be used as the contractor's submission and is disclosable to the public under the Open Public N Records Act. .L 0 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. Q N.J.S.A. 19:44A-3(s): "The term"legislative leadership committee" means a committee established, authorized to be Z established, or designated by the President of the Senate,the Minority Leader of the Senate,the Speaker of the General 0 Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993,c.65(C.I 9:44A-10.1)for j the purpose of receiving contributions and making expenditures." c Requirements for National Cooperative Contract E Page 32 of 44 Q Packet Pg. 91 4.D.a OMNIA PARTNERS EXHIBITS Doc #4, continued EXHIBIT G NEW JERSEY BUSINESS COMPLIANCE L 0 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM 3 Required Pursuant to N.J.S.A. 19:44A-20.26 a _ This form or its permitted facsimile must be submitted to the local unit 2 r no later than 10 days prior to the award of the contract. L Part I —Vendor Information A) Vendor Name: Network Services Company Y L Address: 1100 E.Woodfield Road,Suite 200 0 3 City: Schaumburg State:Illinois Zip:60173 Z t The undersigned being authorized to certify,hereby certifies that the submission provided herein represents 3 compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions = accompanying this form. E m as Daniel Ceko Treasurer and Legal Counsel Daniel Ceko°�t'" ��';��o�G�.�.W 0' Signature Printed Name Title S .N Part II — Contribution Disclosure L a. Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable 0 political contributions (more than$300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit. Q. 0 ❑ Check here if disclosure is provided in electronic form v Contributor Name Recipient Name Date Dollar Amount c NONE $ � to r.+ t x w �a L d 4) J to d .Q IZ 0 Cl) 0 •L O .r R Q Z O U Q ❑ Check here if the information is continued on subsequent page(s) U- Requirements for National Cooperative Contract E Page 33 of 44 Q Packet Pg. 92 4.D.a OMNIA PARTNERS EXHIBITS Doc #4, continued EXHIBIT G-NEW JERSEY BUSINESS COMPLIANCE N •L 0 s List of Agencies with Elected Officials Required for Political Contribution Disclosure a N.J.S.A. 19:44A-20.26 i 0 County Name: 3 State: Governor, and Legislative Leadership Committees L Legislative District#s: w State Senator and two members of the General Assembly per district. o L 0 County: 3 Freeholders County Clerk Sheriff z {County Executive} Surrogate r 3 Municipalities(Mayor and members of governing body,regardless of title): m E m L Q _.y USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A a COUNTY-BASED, CUSTOMIZABLE FORM. r 0 L d Q 0 0 U r O O N s K W _ L d w+ w+ d J N d .Q Q 3 co R �L Q Z 2 O U Q W _ Requirements for National Cooperative Contract E Page 34 of 44 r r a Packet Pg. 93 4.D.a OMNIA PARTNERS EXHIBITS EXHIBIT G NEW JERSEY BUSINESS COMPLIANCE L DOC#5 0 STOCKHOLDER DISCLOSURE CERTIFICATION a Name of Business: _ 0 0 I certify that the list below contains the names and home addresses of all stockholders holding 10%or more of the issued and outstanding stock of the undersigned. OR c I certify that no one stockholder owns 10% or more of the issued and outstanding stock of 0 the undersigned. a z Check the box that represents the type of business organization: 3 0 Partnership E Corporation 0 Sole Proprietorship E m as 0 Limited Partnership 0 Limited Liability Corporation 0 Limited Liability Partnership a c 0 Subchapter S Corporation L Sign and notarize the form below, and,if necessary, complete the stockholder list below. a as Stockholders: a� Name: Name: Q- 0 0 t) Home Address: Home Address: 0 0 N Name: Name: s x Home Address: Home Address: w �a L 4) V Name: Name: a) J to Home Address: Home Address: .Q a Cn 2 L 0 Digttally signed by Daniel<eko � Daniel C e ko DN<n=Daniel'E~"&'diA'S i--,m US ¢mall=dcekoIneMn-05W' lon.<om. US Subscribed and sworn before me this_day of DaSe:2019.08.]]IU38:ID-O8'O8' IC 2_. (Affiant) Q Daniel Ceko,Treasurer&Corporate Counsel (Notary Public) Z (Print name&title of affiant) 0 My Commission expires: U (Corporate Seal Q LL _ Requirements for National Cooperative Contract E Page 35 of 44 a Packet Pg. 94 4.D.a OMNIA PARTNERS EXHIBITS EXHIBIT G NEW JERSEY BUSINESS COMPLIANCE L DOC#6 O t Certification of Non-Involvement in Prohibited Activities in Iran a _ 0 r Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32—56(e) (3)), is listed on the Department N of the Treasury's List of Persons or Entities Engaging in Prohibited Investment Activities in Iran p and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32—56(f). 0 3 Offerors wishing to do business in New Jersey through this contract must fill out the Certification of z Non-Involvement in Prohibited Activities in Iran here: http://www.state.nj.us/humanservices/dfd/info/standard/fdc/disclosure_investmentact.pdf. 3 d Offerors should submit the above form completed with their proposal. E a� L Q _.N V L a. as c� L Q O 0 V r 0 0 t x w �a L d 0 J to d .Q Q N R •L O .r R Q Z O U Q w Requirements for National Cooperative Contract E Page 36 of 44 Q Packet Pg. 95 4.D.a OMNIA PARTNERS EXHIBITS EXHIBIT G NEW JERSEY BUSINESS COMPLIANCE L DOC#7 O NEW JERSEY BUSINESS REGISTRATION CERTIFICATE a (N.J.S.A. 52:32-44) 0 Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the o Offeror from offering products or services in New Jersey through any resulting contract. L 0 3 hllp://www.state.nj.us/treasuM/revenue/forms/njrgg.pdf a z s 3 d E m as L Q _.N V L a. as c� L Q O 0 V r 0 0 t x w �a L d 0 J to d .Q Q N R •L O .r R Q Z O U Q LL Requirements for National Cooperative Contract E Page 37 of 44 Q Packet Pg. 96 4.D.a m N 'i O t w Appendix C, Doc#1 a ACKNOWLEDGMENT AND ACCEPTANCE O OF REGION 4 ESC's OPEN RECORDS POLICY 3 'L OPEN RECORDS POLICY y 6 All proposals, information and documents submitted are subject to the Public Information Act L requirements governed by the State of Texas once a Contract(s) is executed. If an Offeror 03 believes its response, or parts of its response, may be exempted from disclosure, the Offeror z must specify page-by-page and line-by-line the parts of the response, which it believes, are s exempt and include detailed reasons to substantiate the exemption. Price is not confidential and 3 will not be withheld. Any unmarked information will be considered public information and released, if requested under the Public Information Act. £ a� The determination of whether information is confidential and not subject to disclosure is the duty a of the Office of Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the = Offeror are not acceptable. Region 4 ESC must comply with the opinions of the OAG. Region 4 s ESC assumes no responsibility for asserting legal arguments on behalf of any Offeror. Offeror is L advised to consult with their legal counsel concerning disclosure issues resulting from this a procurement process and to take precautions to safeguard trade secrets and other proprietary information. L d Signature below certifies complete acceptance of Region 4 ESC's Open Records Policy, o except as noted below(additional pages may be attached, if necessary). U r Check one of the following responses to the Acknowledgment and Acceptance of Region 4 c ESC's Open Records Policy below: N ❑ We acknowledge Region 4 ESC's Open Records Policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under w the Public Information Act. X We declare the following information to be a trade secret or proprietary and exempt from disclosure under the Public Information Act. J See attached letter describing in detail the information considered proprietary. .Q a (Note: Offeror must specify page-by-page and line-by-line the parts of the response, which it co believes, are exempt. In addition, Offeror must include detailed reasons to substantiate the �a exemption(s). Price is not confident and will not be withheld.All information believed to be a trade o secret or proprietary must be listed. It is further understood that failure to identify such information, in strict accordance with the instructions, will result in that information being considered public information and released, if requested under the Public Information Act.) a z 2 Rally signed by Daniel Ceko O Daniel C e ko DN cn=Dak.el ko kdMr.ork Se—, compaoy.o�. malF—dceko@711,2,13 0butlortcom,-US U Date:303,.,0.W,nY]:,]-osoo a LL October 7, 2021 Treasurer&Corporate Counsel Date Authorized Signature & Title s �a r r a Packet Pg. 97 4.D.a m N 'i O Appendix C, Doc#2 w ANTITRUST CERTIFICATION STATEMENTS Q (Tex. Government Code § 2155.005) Attorney General Form 2 3 I affirm under penalty of perjury of the laws of the State of Texas that: w y F� 1. 1 am duly authorized to execute this Contract on my own behalf or on behalf of the company, L corporation, firm, partnership or individual (Company) listed below; O 3 m 2. In connection with this proposal, neither I nor any representative of the Company has violated Z any provision of the Texas Free Enterprise and Antitrust Act,Tex. Bus. &Comm. Code Chapter 3 15; �. _ m 3. In connection with this proposal, neither I nor any representative of the Company has violated m any federal antitrust law; and Q 4. Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. a Company Contact .....,k=. ., Network Services Company Daniel Ceko r to L d Signature c Daniel Ceko O U Printed Name r 1100 E.Woodfield Road Treasurer&Corporate Counsel oc Address Position with Company Suite 200 Official s X Schaumburg,IL 60173 Authorizing w Proposal = Signature w w Printed Name J 224.361.2278 y Phone Position with Company C Fax CO 2 L O Q Z 2 O U Q LL _ d E s �a r r a Packet Pg. 98 4.D.a CERTIFICATE OF INTERESTED PARTIES FORM 1295 ;, N 1of1 0 t w Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY 3 Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING Q I 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: 0 of business. 2018-414412 3 NETWORK Services Company Schaumburg, IL United States Date Filed: w 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/15/2018 p being filed. L Harris County Date Acknowledged: 0 10/15/2018 3 a) Z 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a s description of the services,goods,or other property to be provided under the contract. 3 AS-FA-607 w c Janitorial products £ m 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Q Controlling Intermediary im c .y s V L 3 a r L d Q 0 0 U r O O to s K W C L d w+ w+ d J 5 Check only if there is NO Interested Party. RX .Q 6 LINSWORN DECLARATION sZ 3 Daniel Ceko 11/23/1961 to My name is and my date of birth is R L 1100 E.Woodfield Road,Suite 200,Schaumburg, IL 60173 .2 My address is iv (street) (city) (state) (zip code) (country) Q Z I declare under penalty of perjury that the foregoing is true and correct. 2 Cook IL August 21 O 10th Executed in County, State of on the day of ,20 UQ (month) (year) LL Daniel CekO _ m=_ oa,ezo,oe,o,o=�oa o=oo � s Signature of authorized agent of contracting business entity v (Declarant) r Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 Q Packet Pg. 99 4.D.a Appendix C, DOC#4 i c 0 Texas Government Code 2270 Verification Form House Bill 89 (85R Legislative Session), which adds Chapter 2270 to the Texas Government N Code, provides that a governmental entity may not enter into a contract with a company without verification that the contracting vendor does not and will not boycott Israel during the term of the 0 contract. r a� z Furthermore, Senate Bill 252 (85R Legislative Session), which amends Chapter 2252 of the Texas Government Code to add Subchapter F, prohibits contracting with a company engaged in 3 business with Iran, Sudan or a foreign terrorist organization identified on a list prepared by the Texas Comptroller. E a� a representative of as an authorized � c Network Services Compan a contractor engaged by Insert Name of Company a 0 Region 4 Education Service Center, 7145 West Tidwell Road Houston TX 77092, verify by this writing that the above-named company affirms that it (1) does not boycott Israel; and (2) will not a boycott Israel during the term of this contract, or any contract with the above-named Texas 0 0 governmental entity in the future. U Also, our company is not listed on and we do not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations found v, at hops://comptroller texas gov/purchasing/does/foreign terrorist pdf. I further affirm that if our company's position on this issue is reversed and this affirmation is no w longer valid, that the above-named Texas governmental entity will be notified in writing within one = (1) business day and we understand that our company's failure to affirm and comply with the requirements of Texas Government Code 2270 et seq. shall be grounds for immediate contract ' termination without penalty to the above-named Texas governmental entity. y I swear and affirm that the above is true and correct. Q a Signature of Named Authorized Company Representative Date M a z 2 O U Q LL r c E t U fC a+ Q Packet Pg. 100 4.D.a EXHIBIT F FEDERAL FUNDS CERTIFICATIONS i c 0 FEDERAL CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT T) 0 TO WHOM IT MAY CONCERN: Y L 0 Participating Agencies may elect to use federal funds to purchase under the Master Agreement.This form should be 3 m completed and returned. z s DEFINITIONS 3 Contract means a legal instrument by which a non—Federal entity purchases property or services needed to carry out the project m or program under a Federal award.The term as used in this part does not include a legal instrument,even if the non—Federal E entity considers it a contract,when the substance of the transaction meets the definition of a Federal award or subaward m m L Contractor means an entity that receives a contract as defined in Contract. a a� c Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through N �o entity and a non—Federal entity that,consistent with 31 U.S.C.6302-6305: L(a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal � awarding agency or pass-through entity to the non—Federal entity to carry out a public purpose authorized by a law of the United States(see 31 U.S.C.6101(3));and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use; (b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or a pass-through entity and the non—Federal entity in carrying out the activity contemplated by the Federal award. 0 (c)The term does not include: 0 U (1)A cooperative research and development agreement as defined in 15 U.S.C.3710a;or (2)An agreement that provides only: c (i)Direct United States Government cash assistance to an individual; (ii)A subsidy; (iii)A loan; r (iv)A loan guarantee;or (v)Insurance. x w Federal awarding agency means the Federal agency that provides a Federal award directly to a non—Federal entity L Federal award has the meaning,depending on the context,in either paragraph(a)or(b)of this section: m m (a)(1) The Federal financial assistance that anon—Federal entity receives directly from a Federal awarding agency or y indirectly from a pass-through entity,as described in§200.101 Applicability;or (2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non—Federal entity Q receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § CL 200.101 Applicability. 07 (b)The instrument setting forth the terms and conditions.The instrument is the grant agreement,cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost- o reimbursement contract awarded under the Federal Acquisition Regulations. (c)Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned,contractor operated facilities(GOCOs). a (d)See also definitions of Federal financial assistance,grant agreement,and cooperative agreement. z 2 Non—Federal entity means a state,local government,Indian tribe,institution of higher education(IHE),or nonprofit organization O that carries out a Federal award as a recipient or subrecipient. v a u_ Nonprofit organization means any corporation,trust,association,cooperative,or other organization,not including IHEs,that: (a)Is operated primarily for scientific,educational,service,charitable,or similar purposes in the public interest; E (b)Is not organized primarily for profit;and t (c)Uses net proceeds to maintain, improve,or expand the operations of the organization. a Packet Pg. 101 4.D.a Obligations means, when used in connection with a non—Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non—Federal entity during the same or a future period. I Pass-through entity means a non—Federal entity that provides a subaward to a subrecipient to carry out part of a Federal 0 program. r Recipient means a non—Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program.The term recipient does not include subrecipients. Simplified acquisition threshold means the dollar amount below which a non—Federal entity ma 0 services using small purchase methods. Non—Federal entities adopt small purchase procedures in order toexpedite the Z purchase of items costing less than the simplified acquisition threshold.The simplified acquisition threshold is set by the Federal r Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions)and in accordance with 41 U.S,C. 1908.As of the publication of this part,the simplified acquisition threshold is$250,000, but this threshold is periodically adjusted for inflation. (Also see definition 3 of§200.67 Micro-purchase.) aD E Subaward means an award provided by apass-through entity to a subrecipient for the subrecipient to carry out part of a Federal m m award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program.A subaward may be provided through any form of legal agreement, including an agreement a� that the pass-through entity considers a contract. C Subrecipient means a non—Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program;but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 3 a m Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of 'performance. L Q The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any U purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency's subcontractors shall contain the procurement provisions of Appendix II to Part 200,as applicable. o APPENDIX II TO 2 CFR PART 200 r (A)Contracts for more than the simplified acquisition threshold currently set at$250,000,which is the inflation adjusted x amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council t (Councils)as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances w where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. 0 rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract Pursuant to Federal Rule(A)above,when a Participating Agency expends federal funds,the Participating Agency reserves all by either party. Lo Does offeror agree?YES .. - L -' Initials of Authorized Representative of offeror 0- a (B)Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be 3 effected and the basis for settlement.(All contracts in excess of$10,000) 20 0 Pursuant to Federal Rule(B)above,when a Participating Agency expends federal funds,the Participating Agency reserves the c right to immediately terminate any agreement in excess of$10,000 resulting from this procurement process in the event of a R breach or default of the agreement by Offeror as detailed in the terms of the contract. 7 Does offeror agree? YES_. �^lf�L Initials of Authorized Representative of offeror Z O (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the U definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause ILL provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 r CFR 12319, 12935,3 CFR Part,1964-1965 Comp.,p.339),as amended by Executive Order 11375,"Amending Executive aa) Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR part 60, "Office of E Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." U Pursuant to Federal Rule(C)above,when a Participating Agency expends federal funds on any federally assisted construction Q Version April 1.2021 Packet Pg. 102 4.D.a contract,the equal opportunity clause is incorporated by reference herein. Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror I (D) Davis-Bacon Act, as amended (40 U.S.C. 3141.3148). When required by Federal program legislation, all prime 0 _o construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance r with the Davis-Bacon Act(40 U.S.C. 3141-3144,and 3146-3148)as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In accordance with the statute,contractors must be required to pay wages to laborers and mechanics N at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a 3 copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision Q to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non Z Federal entity must report all suspected or reported violations to the Federal awarding agency.The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by 3 Department of Labor regulations(29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or E subrecipient must be prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Q Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all =contracts and subgrants for construction or repair,offeror will be in compliance with all applicable Davis-Bacon Act provisions. Does offeror agree?YES (,k , '. Initials of Authorized Representative of offeror (E)Contract Work Hours and Safety Standards Act(40 U.S.C. 3701.3708).Where applicable,all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations(29 CFR R Part 5).Under 40 U.S.C.3702 of the Act,each contractor must be required to compute the wages of every mechanic and CL aL laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible 00 provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all V hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of y intelligence. r x Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in t LU compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for _0 all contracts by Participating Agency resulting from this procurement process. c Does offeror agree? YES faV Initials of Authorized Representative of offeror m (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding y agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small °'business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations 'o issued by the awarding agency. r Pursuant to Federal Rule(F) above,when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to Q comply with all applicable requirements as referenced in Federal Rule(F)above. Z Does offeror agree? YES 2 Initials of Authorized Representative of offeror Q U (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as ILL amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air 0 Act(42 U.S.C. 7401.7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251. 1387).Violations E must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency U (EPA) Version April 1,2021 Q Packet Pg. 103 4.D.a Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, agrees to comply with all applicable requirements as referenced in Federal Rule(G)above. the offeror I Does offeror agree? YES1,�( �° Initials of Authorized Representative of offeror 0 0 (H)Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award(see 2 CFR 180.220)must not be made to parties listed on the government wide exclusions in the System for Award Management(SAM),in accordance with the Executive Office of the President Office of Management and OM Budget B N ( ) guidelines 8 2 CFR 18. that implement Executive Orders 12549 (3 CFR part 1986 Comp., g p. 189) and 12689 (3 CFR part 199 Comp., p 235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise 3 excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority otherthan Executive aD Order 12549. Z Pursuant to Federal Rule (H)above,when federal funds are expended by Participating Agency,the offeror certifies that during 3 r the term of an award for all contracts by Participating Agency resulting from this procurement process,the offeror certifies that c neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded °' from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals m becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency,the offeror will notify the Participating Agency. Q Does offeror agree? YES Initials of Authorized Representative of offeror E (1) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal 3 appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee a) of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. CL aL Such disclosures are forwarded from tier to tier up to the non-Federal award. 0 0 0 Pursuant to Federal Rule (1) above, when federal funds are expended by Participating Agency, the offeror certifies that during U the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement c process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned,to an `� or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress or an employee of a Member of Congress in connection with the awarding of a Federal contract,the making of a Federal grant, w the making of a Federal loan,the entering into a cooperative agreement,and the extension,continuation, renewal, amendment,or modification of a Federal contract,grant,loan,or cooperative agreement. c (2) If any funds other than Federal appropriated funds have been paid or will be paid to an person attempting to influence an officer or employee of any agency, a Member of Congress, an officer oremployee of congress, y or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement,the undersigned shall m complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions. Lo to (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Does offeror agree? YES , Initials of Authorized Representative of offeror20 0 RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS R 7 When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror Q certifies that it will comply with the record retention requirements detailed in 2 CFR§200.333. The offeror further certifies that 2 offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees 0 submit final expenditure reports or quarterly or annual financial reports,as applicable,and all other pending matters are closed. U _ Q Does offeror agree? YES f f u_ Initials of Authorized Representative of offeror CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process,offeror certifies that U it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy Version April 1,2021 Q Packet Pg. 104 4.D.a conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C.6321 et seq.;49 C.F.R.Part 18). Does offeror agree? YES Initials of Authorized Representative of offeror i CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS r To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration,or Federal Transit Administration funds,offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request.Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling c for free and open competition. 3 aD Does offeror agree? YES 1; �'._ Initials of Authorized Representative of offeror Z r CERTIFICATION OF ACCESS TO RECORDS—2 C.F.R.§200.336 3 c Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any m documents, papers, or other records of offeror that are pertinent to offeror's discharge of its obligations under the Contract for the purpose of making audits, examinations,excerpts,and transcriptions.The right also includes timely and reasonable access to offeror's personnel for the pur psee of interview and discussion relating to such documents. Q Does offeror agree? YES Initials of Authorized Representative of offeror N t CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS L Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. m Does offeror agree? YES Initials of Authorized Representative of offeror L Q Offeror agrees to comply with all federal,state,and local laws,rules,regulations and ordinances,as applicable.It is C further acknowledged that offeror certifies compliance with all provisions,laws,acts,regulations,etc.as o U specifically noted above. Network Services Company o 0 Offeror's Name: � 1100 E.Woodfield Road,Suite 200,Schaumburg, IL 60173 y Address. City, State,and Zip Code: 224.361..2278 Phone Number: x Fax Number: w c Printed Name and Title of Authorized Representative: Daniel Ceko,Treasurer&Corporate Counsel J dceko@networkdistribution.com y Email Address: a� Signature of Authorized Representative: Daniel Ceko „ .. - 08/10/2021 Q Date: •L 0 M Q Z 2 O U Q LL r c E t U fC a+ Version April 1,2021 Q Packet Pg. 105 4.D.a FEMA SPECIAL CONDITIONS m N Awarded Supplier(s) may need to respond to events and losses where products and services are needed o for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind a damage during a disaster or emergency situation. By submitting a proposal,the Supplier is accepted these i FEMA Special Conditions required by the Federal Emergency Management Agency(FEMA). c 3 "Contract" in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the "Master Agreement". w 0 "Contractor" in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as L "Supplier"or"Awarded Supplier". 3 m Conflicts of Interest Z No employee, officer, or agent may participate in the selection, award, or administration of a contract s supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would 3 arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest £ in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a "financial interest" to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his a or her partner, or an organization which employs or is about to employ any of these parties as a result of =' the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness,job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an "apparent" conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with a knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency ("NFE") must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE's may set standards c for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item U of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE's written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or c agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE's employee may be dismissal, and the penalty for a contractor might be the termination of the contract. w Contractor Integrity s A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred X w or suspended as described in Chapter III, ¶ 6.d must be rejected and cannot receive contract awards at any level. L d Public Policy w A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the: a. Equal opportunity and nondiscrimination laws Q b. Five affirmative steps described at 2 C.F.R.§200.321(b)for all subcontracting under contracts supported 3 by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV-7 co c. Applicable prevailing wage laws, regulations, and executive orders Ta L O Affirmative Steps For any subcontracting opportunities, Contractor must take the following Affirmative steps: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Q Z 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever 2 they are potential sources; Q U 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit a LL maximum participation by small and minority businesses, and women's business enterprises; ; 4. Establishing delivery schedules, where the requirement permits,which encourage participation by small 0 and minority businesses, and women's business enterprises; and r r a Packet Pg. 106 4.D.a 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. N L 0 t w Prevailing Wage Requirements When applicable,the awarded Contractor(s)and any and all subcontractor(s)agree to comply with all laws Q regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or c Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency. w y F� Federal Requirements o If products and services are issued in response to an emergency or disaster recovery the items below, 3 located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and Z required when federal funding may be utilized. r 3 2 C.F.R. 4 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses m 1. Termination for Convenience: £ m L The right to terminate this Contract for the convenience of the Participating Public Agency is retained by the Participating Public Agency. In the event of a termination for convenience by the Participating Public Agency, the Participating Public Agency shall, at least ten (10) calendar days in advance, deliver written = notice of the termination for convenience to Contractor. Upon Contractor's receipt of such written notice, Contractor immediately shall cease the performance of the Work and shall take reasonable and appropriate L action to secure and protect the Work then in place. Contractor shall then be paid by the Participating Public a Agency, in accordance with the terms and provisions of the Contract Documents, an amount not to exceed the actual labor costs incurred, the actual cost of all materials installed and the actual cost of all materials >_ r stored at the project site or away from the project site, as approved in writing by the Participating Public Agency but not yet paid for and which cannot be returned, and actual, reasonable and documented a demobilization costs, if any, paid by Contractor and approved by the Participating Public Agency in 0 0 connection with the Scope of Work in place which is completed as of the date of termination by the t) Participating Public Agency and that is in conformance with the Contract Documents, less all amounts r previously paid for the Work. No amount ever shall be owed or paid to Contractor for lost or anticipated c profits on any part of the Scope of Work not performed or for consequential damages of any kind. N 2. Equal Employment Opportunity: s The Participating Public Agency highly encourages Contractors to implement Affirmative Action practices w in their employment programs. This means Contractor should not discriminate against any employee or applicant for employment because of race,color, religion,sex, pregnancy, sexual orientation, political belief or affiliation, age, disability or genetic information. w w J During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, a color, religion, sex,sexual orientation, gender identity, or national origin.The contractor will take affirmative CO action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action Z 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 Q employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2 O (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to LL race, color, religion, sex, sexual orientation, gender identity, or national origin. .. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the s Version April 1,2021 r r a Packet Pg. 107 4.D.a compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or N applicants as a part of such employee's essential job functions discloses the compensation of such other o employees or applicants to individuals who do not otherwise have access to such information, unless such s disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, a hearing, or action, including an investigation conducted by the employer, or is consistent with the I contractor's legal duty to furnish information. c (4)The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting w officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 3 (5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. Z r (6)The contractor will furnish all information and reports required by Executive Order 11246 of September 3 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will c permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor E E for purposes of investigation to ascertain compliance with such rules, regulations, and orders. L (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or Q with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in IM whole or in part and the contractor may be declared ineligible for further Government contracts in S .y accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other s sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, L 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 3 a (8)The contractor will include the provisions of paragraphs(1)through (8)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each a subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase o order as may be directed by the Secretary of Labor as a means of enforcing such provisions including t) sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or T.- is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may c request the United States to enter into such litigation to protect the interests of the United States. N 3. "During the performance of this contract, the contractor agrees as follows: s (1) The contractor will not discriminate against any employee or applicant for w employment because of race, color, religion, sex, or national origin. The contractor c will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, a�Li religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment J advertising; layoff or termination; rates of pay or other forms of compensation; and ai selection for training, including apprenticeship. The contractor agrees to post in a conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. Co Ta L C M (2) The contractor will, in all solicitations or advertisements for employees placed by or Q on behalf of the contractor, state that all qualified applicants will receive Z considerations for employment without regard to race,color, religion, sex, or national p origin. tj Q LL (3) The contractor will send to each labor union or representative of workers with which y he has a collective bargaining agreement or other contract or understanding,a notice s Version April 1,2021 r r a Packet Pg. 108 4.D.a to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in N conspicuous places available to employees and applicants for employment. o s w 3 Q (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations,and relevant orders of the Secretary of Labor. c 3 (5) The contractor will furnish all information and reports required by Executive Order w 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary o of Labor, or pursuant thereto, and will permit access to his books, records, and L accounts by the administering agency and the Secretary of Labor for purposes of ° 3 investigation to ascertain compliance with such rules, regulations, and orders. m z s r (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of 3 w this contract or with any of the said rules, regulations, or orders,this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be £ declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of Q September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided bylaw. s L 3 (7) The contractor will include the portion of the sentence immediately preceding a paragraph (1)and the provisions of paragraphs (1)through (7) in every subcontract > or purchase order unless exempted by rules, regulations, or orders of the Secretary ,41 of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, a 1965,so that such provisions will be binding upon each subcontractor or vendor.The °o contractor will take such action with respect to any subcontract or purchase order as v the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a c contractor becomes involved in, or is threatened with, litigation with a subcontractor le or vendor as a result of such direction by the administering agency the contractor w may request the United States to enter into such litigation to protect the interests of the United States." s X w 4. Davis Bacon Act and Copeland Anti-KickbackAct. a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency w Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant J Program, and Transit Security Grant Program. It does not apply to other FEMA grant ayi and cooperative aareement proarams. including the Public Assistance Proaram. a a 3 b. All prime construction contracts in excess of$2,000 awarded by non-Federal entities must _o include a provision for compliance with the Davis-Bacon Act(40 U.S.C. §§3141-3144 and �a •L 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 2 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix ll, ¶D. Q z 2 c. In accordance with the statute, contractors must be required to pay wages to laborers and O mechanics at a rate not less than the prevailing wages specified in a wage determination Q made by the Secretary of Labor. In addition, contractors must be required to pay wages v_ not less than once aweek. ; 0 d. The non-Federal entity must place a copy of the current prevailing wage determination s Version April 1,2021 r r a Packet Pg. 109 4.D.a issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The N non-Federal entity must report all suspected or reported violations to the Federal awarding o agency. Q e. In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as c supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and 3 Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each w contractor or subrecipient must be prohibited from inducing, by any means, any person p employed in the construction, completion, or repair of public work, to give up any part of � L the compensation to which he or she is otherwise entitled. The non-Federal entity must 0 report all suspected or reported violations to FEMA. z f. The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies r to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the 3 previous subsection,the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients.In situations where the Davis-Bacon Act does not apply, neither does the £ Copeland "Anti-Kickback Act." However, for purposes of grant programs where both clauses do apply, FEMA requires the following contractclause: Q IM "Compliance with the Copeland "Anti-Kickback"Act. _ .y s (1) Contractor. The contractor shall comply with 18 U.S.C. §874, 40U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by a reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions a require, and also a clause requiring the subcontractors to include these clauses in 0 any lower tier subcontracts. The prime contractor shall be responsible for the t) compliance by any subcontractor or lower tier subcontractor with all of these contract r clauses o 0 (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12." s X 5. Contract Work Hours and SafetyStandards Act. w a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. J b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a Q provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department a 3 of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix ll,¶E. CO �a c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every o mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 Q hours in the workweek. z 2 d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide O 0 that no laborer or mechanic must be required to work in surroundings or under working < conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. E s Version April 1,2021 r r a Packet Pg. 110 4.D.a e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning N compliance with the Contract Work Hours and Safety Standards Act: o s w "Compliance with the Contract Work Hours and Safety Standards Act. Q I (1) Overtime requirements. No contractor or subcontractor contracting for any part of c the contract work which may require or involve the employment of laborers or 3 mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in w such workweek unless such laborer or mechanic receives compensation at a rate p not less than one and one-half times the basic rate of pay for all hours worked in L excess of forty hours in such workweek. 3 (2) Violation; liability for unpaid wages; liquidated damages. In the event of any Z violation of the clause set forth in paragraph (1) of this section the contractor and s any subcontractor responsible therefor shall be liable for the unpaid wages. In 3 addition, such contractor and subcontractor shall be liable to the United States (in c the case of work done under contract for the District of Columbia or a territory, to such District or to such territory),for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a (1)of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. L a (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient)shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed c by the contractor or subcontractor under any such contract or any other Federal v contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the c same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. s X (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the w clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier L subcontracts. The prime contractor shall be responsible for compliance by any w subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through (4)of this section." 6. Rights to Inventions Made Under a Contractor Agreement. a 3 co a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis o Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program,and Federal Assistance to Individuals and Households—Other Needs Assistance Grant Program, as a z FEMA awards under these programs do not meet the definition of"funding agreement." O b. If the FEMA award meets the definition of"funding agreement" under 37 C.F.R.§401.2(a)and Q the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit v_ organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Version April 1,2021 r r a Packet Pg. 111 4.D.a Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. N Part 200, Appendix II, ¶F. o s w c. The regulation at 37 C.F.R. §401.2(a)currently defines "funding agreement'as any contract, Q grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, c developmental, or research work funded in whole or in part by the Federal government. This 3 term also includes any assignment, substitution of parties, or subcontract of any type entered L into for the performance of experimental, developmental, or research work under a funding w agreement as defined in the first sentence of this paragraph. o L 7. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess of$150,000 ° 3 must contain a provision that requires the contractor to agree to comply with all applicable standards, m orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C.§§ 7401-7671q) and the Federal Z Water Pollution Control Act as amended (33 U.S.C.§§ 1251-1387).Violations must be reported to FEMA s and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II, ¶ 3 w G. _ m E a. The following provides a sample contract clause concerning compliance for contracts of P amounts in excess of$150,000: a "Clean Air Act = .y (1) The contractor agrees to comply with all applicable standards, orders or regulations L issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq. a (2) The contractor agrees to report each violation to the (name of the state agency or local >_ r or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government)will, in turn, report each violation as required a to assure notification to the (name of recipient), Federal Emergency Management °o Agency, and the appropriate Environmental Protection Agency Regional Office. V r O O (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act s X w (1) The contractor 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. L 1251 et seq. w (2) The contractor agrees to report each violation to the(name of the state agency or local J or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency a Management Agency, and the appropriate Environmental Protection Agency Regional Office. CO �a L (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in partwith Federal assistance provided by FEMA." Q 8. Debarment and Suspension. 2 O a. Applicability: This requirement applies to all FEMA grant and cooperative agreement v Q programs. LL b. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive s Version April 1,2021 r r a Packet Pg. 112 4.D.a Order 12689, Debarment and Suspension(1989)at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non procurement Debarment and N Suspension). 0 s w 3 Q C. These regulations restrict awards, subawards, and contracts with certain parties that are I debarred, suspended, or otherwise excluded from or ineligible for participation in Federal c assistance programs and activities. See 2 C.F.R. Part200,Appendix II,¶H;and Procurement 3 Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT) Field T Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2 [hereinafter PDAT Supplement]. A contract p award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list 9 maintained by the General Services Administration that contains the names of parties 0 debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM z exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, s Chapter IV,¶6.d and Appendix C, ¶2. 3 w _ m d. In general, an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and Q subrecipients. The key to the exclusion is whether there is a "covered transaction,"which is any non-procurement transaction (unless excepted) at either a "primary" or"secondary" tier. Although "covered transactions" do not include contracts awarded by the Federal s Government for purposes of the non-procurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipient. a r e. Specifically, a covered transaction includes the following contracts for goods or services: a 0 (1) The contract is awarded by a recipient or subrecipient in the amount of at least$25,000. 0 U (2) The contract requires the approval of FEMA, regardless of amount. c 0 (3) The contract is for federally required audit services. w s X w (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000. L d w w d. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified: ayi .Q CL "Suspension and Debarment co (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. is 3000. As such the contractor is required to verify that none of the contractor, its principals(defined at 2 C.F.R.§180.995),or its affiliates(defined at 2 C.F.R.§180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935). Q z 2 (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, 0 subpart C and must include a requirement to comply with these regulations in any lower v tier covered transaction it enters into. LL 0 (3) This certification is a material representation of fact relied upon by (insert name of s Version April 1,2021 r r a Packet Pg. 113 4.D.a subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available N to (name of state agency serving as recipient and name of subrecipient), the Federal 0 Government may pursue available remedies, including but not limited to suspension and/or debarment. Q I 0 (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, 3 subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the L period of any contract that may arise from this offer. The bidder or proposer further w agrees to include a provision requiring such compliance in its lower tier covered o transactions." 9 0 3 9. Byrd Anti-Lobbying Amendment. m z s a. Applicability: This requirement applies to all FEMA grant and cooperative agreement 3 programs. w _ m b. Contractors that apply or bid for an award of $100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II,¶ I; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV, 6.c; Appendix C, ¶4. Q c. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds =.y to pay any person or organization for influencing or attempting to influence an officer or s employee of any agency, a member of Congress, officer or employee of Congress, or an L 3 employee of a member of Congress in connection with obtaining any Federal contract, grant a or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. See PDAT a Supplement, Chapter IV, ¶6.c and Appendix C,¶4. L00) d. The following provides a Byrd Anti-Lobbying contract clause: c 0 "Byrd Anti-Lobbying Amendment, 31 U.S.C. � 1352 (as amended) w Contractors who apply or bid for an award of $100,000 or more shall file the required certification. s Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay w 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 L Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 w U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." Q a 3 APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING CO �a �L Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted .E with each bid or offer exceeding $100,000) a The undersigned [Contractor] certifies, to the best of his or her knowledge, that: Z O 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of LL an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of E any Federal grant, the making of any Federal loan, the entering into of any cooperative s Version April 1,2021 r r a Packet Pg. 114 4.D.a agreement, and the extension, continuation, renewal, amendment, or modification of any m Federal contract, grant, loan, or cooperative agreement. N •L 0 2. If any funds other than Federal appropriated funds have been paid or will be paid to any s w person for influencing or attempting to influence an officer or employee of any agency, a Q Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant, loan, or cooperative agreement, the o undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. w y 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under 3 grants, loans, and cooperative agreements)and that all subrecipients shall certifyand disclose accordingly. Z s r This certification is a material representation of fact upon which reliance was placed when this transaction 3 w was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any m person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 L and not more than $100,000 for each such failure. Q Network Services Company The Contractor, certifies or affirms the truthfulness and y accuracyof each statement of its certification and disclosure, if any. In addition, the Contractor s understands and agrees that the provisions of 31 U.S.C.§3801 et seq.,apply to this certification � and disclosure, ifany. a r Daniel Ceko oae=o=;oa,o„os;o-0soo m•-= CL Signature of Contractor's Authorized Official o U Daniel Ceko,Treasurer&Corporate Counsel r O Name and Title of Contractor's Authorized Official O 08/10/2021 Date" s X w 10. Procurement of Recovered Materials. a. Applicability:This requirement applies to all FEMA grant and cooperative agreement w programs. J N b. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. a 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at y 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix Il, ¶ J; 2 C.F.R. § 200.322; PDAT Supplement, Chapter V, ¶7. o 0 c. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials Q practicable, consistent with maintaining a satisfactory level of competition, where the Z purchase price of the item exceeds $10,000 or the value of the quantity acquired by the 2O preceding fiscal year exceeded $10,000; procuring solid waste management services in a v manner that maximizes energy and resource recovery; and establishing an affirmative Q procurement program for procurement of recovered materials identified in the EPA LL guidelines. 0 d. The following provides the clause that a state agency or agency of a political Version April 1,2021 r r a Packet Pg. 115 4.D.a subdivision of a state and its contractors can include in contracts meeting the above contract thresholds: N •L 0 "(1)In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot Q be acquired— _ 0 (i) Competitively within a timeframe providing for compliance with the 3 contract performance schedule; L w y (ii) Meetingcontract performance requirements; or o L 0 (iii) At a reasonable price. 3 m (2) Information about this requirement, along with the list of EPA-designate items, is Z s available at EPA's Comprehensive Procurement Guidelines web site, 3 https://www.epa.gov/smm/comprehensive- procurement-quid eline-cpq-program." _ m 11. Additional FEMARequirements. E L a. The Uniform Rules authorize FEMA to require additional provisions for non- Federal < Q entity contracts. FEMA, pursuant to this authority, requires or recommends the following: _ .y s b. Changes. L 3 a To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable,within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a c non-Federal entity include a changes clause in its contract that describes how, if at all, 0 changes can be made by either party to alter the method, price, or schedule of the work L? without breaching the contract. The language of the clause may differ depending on the c nature of the contract and the end-item procured. o� c. Access to Records. s All non-Federal entities must place into their contracts a provision that all contractors and w their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to records, L accounts, documents, information, facilities, and staff. See DHS Standard Terms and w Conditions, v 3.0, ¶XXVI (2013). v� d. The following provides a contract clause regarding access to records: .Q a 3 "Access to Records. The following access to records requirements apply to this contract: �a L 0 (l) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any Q books, documents, papers, and records of the Contractor which are directly pertinent Z to this contract for the purposes of making audits, examinations, excerpts, and p transcriptions. Q LL (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. E s Version April 1,2021 r r a Packet Pg. 116 4.D.a (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being N •L completed under thecontract." 0 w 3 Q 12. DHS Seal, Logo, and Flags. 0 a. All non-Federal entities must place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency L officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v w 3.0, ¶XXV(2013). L 0 b. The following provides a contract clause regarding DHS Seal, Logo, and Flags: "The 3 contractor shall not use the DHS seal(s), logos,crests,or reproductions of flags or likenesses m z of DHS agency officials without specific FEMA pre- approval." s r 13. Compliance with Federal Law, Regulations, and Executive Orders. m E a. All non-Federal entities must place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable federal law, regulations, executive orders, and Q FEMA policies, procedures, and directives. IM y M b. The following provides a contract clause regarding Compliance with Federal Law, s Regulations, and Executive Orders: "This is an acknowledgement that FEMA financial assistance will be used to fund the contract only.The contractor will comply will all applicable a federal law, regulations, executive orders, FEMA policies, procedures, and directives." > r 0 L 14. No Obligation by Federal Government. d a 0 0 a. The non-Federal entity must include a provision in its contract that states that the Federal C) Government is not a party to the contract and is not subject to any obligations or liabilities c to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from thecontract. N b. The following provides a contract clause regarding no obligation by the Federal Government: "The Federal Government is not a party to this contract and is not subject to w any obligations or liabilities to the non-Federal entity,contractor,or any other party pertaining LU to any matter resulting from the contract." L 15. Program Fraud and False or Fraudulent Statements or Related Acts. w J a. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Q Statements)applies to its actions pertaining to the contract. a co b. The following provides a contract clause regardinq Fraud and False or Fraudulent or 2 Related Acts: "The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative 0 Remedies for False Claims and Statements)applies to the contractor's actions pertaining c to thiscontract." 1° Q z Additional contract clauses per 2 C.F.R. 200.325 2 O U For applicable construction/reconstruction/renovation and related services: A payment and performance Q LL bond are both required for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. A "payment bond" is one executed in connection with a contract to assure payment as required by law of E s Version April 1,2021 r r a Packet Pg. 117 4.D.a all persons supplying labor and material in the execution of the work provided in the contract. m N 'i Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions 0 section of this solicitation. 3 Q Offeror's Name: Network Services Company, 1100 E.Woodfield Road,Suite 200,Schaumburg, IL 60173 0 3 'i Address, City, State, and Zip Code: w 0 224.361.2278 � Phone Number: Fax Number: 0 m Z Printed Name and Title of Authorized s Representative: Daniel Ceko,Treasurer&Corporate Counsel 3 w _ m Email Address: dceko@networkdistribution.com £ m IM d L a Signature of Authorized Representative: Daniel CekO `° Date: .y 08/10/2021 s t� L 3 a r 0 L d Q 0 0 U r O O N s K W _ L d w+ w+ d J N d .Q Q 3 R L 0 7 a Z 2 O U Q _ d s Version April 1,2021 r r a Packet Pg. 118 4.D.a Ct t)region40 0 w To: Fred Flores Contract Manager o L From: Robert Zingelmann 0 Chief Financial Officer, Finance and Operations Services 0 Date: October 26, 2021 Subject: Approval of Contract Award E Per official action taken by the Board of Directors of Region 4 Education Service Center (ESC) on October 26, 2021 the following contract was approved as presented: a ➢ Cleaning Supplies, Breakroom, and Related Products L • Network Services Company a • Office Depot, LLC CU L Contract is effective February 1, 2022. If you have any questions, please let me know. a 0 0 U 0 0 v r t x w c L J N d .Q Q 3 R O r R Q Z r- O U a U- r E a Packet Pg. 119 4.D.a Ct t)region4o 0 To: Board of Directors From: Robert Zingelmann N Date: October 26, 2021 0 Y L Subject: Recommendation of Contract Award 3 z Region 4 ESC held a RFP opening on August 17, 2021 for RFP # 21-13 for Cleaning Supplies, Breakroom, and Related Products. There was one (4) proposals submitted: 3 • Competitive Choice Inc. • Network Services Company L • Office Depot, LLC a • Unipak Corp. .y After careful review of all proposals, the Evaluation Team has determined that two (2) companies demonstrated the ability to provide the products and services outlined in the solicitation while offering competitive pricing to the members. a a� CONSIDERATION a Award of annual contract in compliance with the bid laws of the State of Texas is 00 recommended. U 0 0 RECOMMENDATION The Evaluation Team recommends the following company for award based on their response: x w Contract F_ Vendor Term of Contract CleaningSupplies, Network Services Company Three 3 ears with option of p p p Y ( ) Y p � Breakroom, and Related Office Depot, LLC two (2) one-year renewals J Products .Q U) Support documentation has been attached for your reference. L 0 Enclosure: Bid Tab Summary a z 2 0 U Q U_ c E t ca Q Packet Pg. 120 4.D.a reglon4 L L L L ° L L O To: Dr. Pam Wells Executive Director z From: Robert Zingelmann Chief Financial Officer, Finance and Operations Services Date: October 26, 2021 a Re: Cleaning Supplies, Breakroom, and Related Products; RFP # 21-13 .N The Evaluation Committee has reviewed the responses and recommend that the following companies be awarded: a a� • Network Services Company CU • Office Depot, LLC a O The recommended vendors submitted offers that were determined to be most advantageous to OMNIA Partners, Public Sector members, based upon the bid 0 tabulation. All the recommended respondents were determined to be competitively priced and strong for the specified services outlined in the RFP. U) r We believe all recommended vendors demonstrate the ability to provide and perform x the services requested in the proposal. We will monitor their performance and w determine at the end of each year if they are eligible for renewal with each new term. L This multiple award is recommended as most advantageous as it limits contract awards a� to the least number of suppliers necessary to meet the requirements of OMNIA J Partners, Public Sector members. In order to serve the entire nation, a multiple award is recommended to provide any governmental agency with complete coverage of 3 commodities, services and any other offering within the scope of proposal. U) Please let me know if you have any questions. o Q z r- O U a U- r E a Packet Pg. 121 DocuSign Envelope ID: E13B204E-A177-4291-BEED-5F9E6384F1F1 4.D.a region4' I _ 0 November 8, 2021 L Daniel Ceko 0 dcekognetworkdistribution.com Treasurer& Corporate Counsel 3 Network Services Company z 1100 E. Woodfield Road, Suite 200 Schaumburg, IL 60173 3 a� Re: Award of Contract#R211301 E as m L Dear Mr. Ceko: _ Per official action taken by the Board of Directors of Region 4 Education Service Center on October 26, 2021, we are pleased to announce that after successful negotiated terms and 2- conditions, Network Services Company has been awarded an annual contract for the following, a based on the sealed proposal (RFP #21-13) submitted on August 17, 2021: L Commodity/Service Supplier �. 0 0 Cleaning Supplies, Breakroom, Network Services Company v and Related Products o 0 This contract award supersedes and replaces your current contract #R162101. This contract is effective February 1, 2022 and will expire on January 31, 2025. As indicated above, your contract # is R211301. This contract may be renewed annually for an additional two (2) years if mutually w agreed upon by Region 4 ESC/OMNIA Partners, Public Sector and Network Services Company. 0 L Your participation in the proposal process is appreciated and we look forward to a successful partnership. Please feel free to provide copies of this letter to your sales representative(s) to assist in their daily course of business. a 0. a If you have any questions, please contact Fred Flores, the Contract Manager assigned to your contract, at (713) 554-0494 or fred.flores(a�,omniapartners.com. L Sincerely, DocuSigned by: Q 30EE156FEF 9 C4C6... Q Robert Zingelmann t� Chief Financial Officer, Finance and Operations Services U_ c d E 0 Q Region 4 Education Service Center•7145 West Tidwell Road•Houston,Texas 77092-2096 Phone:713.462.7708•Fax:713.744.6514•www.esc4.net Pam Wells,Ed.D. Executive Director Packet Pg. 122 DocuSign Envelope ID:CA37508E-053B-4DA8-81 D5-5FA347F7A2F7 4.D.a O�y )region4v I r_ Request for Vendor Contract Update0 •L Pursuant to the terms of your awarded vendor contract,all vendors must notify and receive approval from Region w 4/01VINIA Partners, Public Sector when there is an update in the contract. No request will be officially approved a without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. Y Lo 3 Network Distribution hereby provides notice of the following update to Z (Vendor Name) a+ Contract number: R211301 for Cleaning Supplies, Breakroom and Related Products on this date January 11,2022. 3 r Contract Title � d Instructions:Vendors must check all that may apply and shall provide supporting documentation. Place your initials a� next to each item to confirm that documents are indeed included. Request received without supporting documentation will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if Q a� there is a material change in operations,which may adversely affect members,i.e.assignment,bankruptcy,change .y of ownership,merger,etc.Please contact a member of the OMNIA Partners Contracting Team to request a"Notice t of Material Change to Vendor Contract"form. a W ❑ Authorized Distributors/Dealers X Price Update X Supporting Documentation f° Addition y a Deletion c Supporting Documentation U ElDiscontinued Products/Services El Products/Services c Supporting Documentation New Addition rn .r Update Only Supporting Documentation K LU ❑ Other ❑ States/Territories coo Supporting Documentation L Supporting Documentation °r a� J Notes:Vendor may include other notes regarding the contract update here: (attach another page if necessary). Network distribution has received a cost increase notice from Kimberly Clark of approximately 11-14%effective February Q 1, 2022. The increase is due to increases in costs for raw materials, transportation challenges, labor shortages and to supply chain issues. As such, Network Distribution is asking for a 6-month temporary price increase on the enclosed 2 product list. On July 1, 2022, pricing will be re-assessed, and Network Distribution will either revert pricing back to 0 c today's current contract pricing(effective August 1, 2022) or submit a justification for Region 4's approval to continue the temporary price increase. Should pricing decrease prior to August 1, 2022, the decrease will be reflected in the Q pricing offered to Participating Public Agencies. Network Distribution is committed to providing high quality products Z at a price that is competitive and sustainable. Network Distribution is hopeful that we can return to the relatively stable 0 O and predictable price determinations seen in past years. Q u_ Daniel Ceko°" 2/15/2022 1 3:41 PM CST c Submitted By: ❑ Approved Date E Title: Treasurer&Corporate Counsel ❑ Denied Date ca Contact Number: R211301 DocuSigned by: Q dceko@networkdistribution.com ��' Email Address: Region 4 ESC: OB1D33BB0130490... Robert zingelmann Packet Pg. 123 DocuSign Envelope ID: 1F36DE4C-C7C5-40FC-9F4A-8049D656E8BE ft)yt reglon4 lv 0 Request for Vendor Contract Update 'L N Pursuant to the terms of your awarded vendor contract,all vendors must notify and receive approval from Region 4/01VINIA Partners, Public Sector when there is an update in the contract. No request will be officially approved o without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. 3 m Z Network Distribution hereby provides notice of the following update to (Vendor Nome) a+ C Contract number: R211301 for Cleaning Supplies, Breakroom and Related Products on this date November 18, 2022 Contract Title L aI Q Instructions:Vendors must check all that may apply and shall provide supporting documentation. Place your initials c next to each item to confirm that documents are indeed included. Request received without supporting documentation y will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations,which may adversely affect members,i.e.assignment,bankruptcy,change M IL of ownership,merger,etc.Please contact a member of the OMNIA Partners Contracting Team to request a"Notice W of Material Change to Vendor Contract"form. L Q ❑ Authorized Distributors/Dealers X Price Update 0 0 Addition X Supporting Documentation V Deletion c CD Supporting Documentation ❑ Discontinued Products/Services ❑ Products/Services Supporting Documentation t New Addition x w Update Only Supporting Documentation L ❑ Other ❑ States/Territories Supporting Documentation N Supporting Documentation m .Q a Notes:Vendor may include other notes regarding the contract update here: (attach another page if necessary). ) R 'L Network requests an increase in our pricing,effective December 1,2022.The average increase is 3.8%,the max increase is 24%for one item 0 only. A detailed summary of the request is attached along with supporting documentation. As such,Network Distribution is asking for a 6- month temporary price increase on the enclosed product list.On May 1,2023,pricing will be re-assessed,and Network Distribution will Q either revert pricing back to today's current contract pricing(effective June 1,2023)or submit a justification for Region 4's approval to Z continue the temporary price increase.Should pricing decrease prior to June 1,2023,the decrease will be reflected in the pricing offered to 0 O Participating Public Agencies. Network Distribution is committed to providing high quality products at a price that is competitive and V sustainable. Network Distribution is hopeful that we can return to the relatively stable and predictable price determinations seen in past Q years. u_ 11/29/2022 1 9:48 AM CST N Submitted By: Martha Renkoski ❑ Approved Date t Title: Corporate Account Director ❑ Denied Date Q Contact Number: ErOBID33BB�130 DoCusigned by: ob �iiA.�t,Aaan tt EmailAddress: mrenkoski@networkdistribution.com Region 4 ESC: in9• Robert in] packet P 124 DocuSign Envelope ID:441AE854-4A1C-493B-896A-6908516A4ED9 (Vt region4lv I 0 Request for Vendor Contract Update 'L N Pursuant to the terms of your awarded vendor contract,all vendors must notify and receive approval from Region 4/01VINIA Partners, Public Sector when there is an update in the contract. No request will be officially approved Y L0 without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. 3 m Z Network Distribution hereby provides notice of the following update to (Vendor Name) a+ C Contract number: R211301 for Cleaning Supplies, Breakroom and Related Products on this date May 16,2023 Contract Title L aI Q Instructions:Vendors must check all that may apply and shall provide supporting documentation. Place your initials c next to each item to confirm that documents are indeed included. Request received without supporting documentation y will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations,which may adversely affect members,i.e.assignment,bankruptcy,change M IL of ownership,merger,etc.Please contact a member of the OMNIA Partners Contracting Team to request a"Notice W of Material Change to Vendor Contract"form. L Q ❑ Authorized Distributors/Dealers X Price Update 0 0 Addition X Supporting Documentation V Deletion c CD Supporting Documentation ❑ Discontinued Products/Services ❑ Products/Services Supporting Documentation t New Addition x w Update Only Supporting Documentation L ❑ Other ❑ States/Territories Supporting Documentation N Supporting Documentation m .Q a Notes:Vendor may include other notes regarding the contract update here: (attach another page if necessary). ) Network requests an increase in our pricing,effective June 1,2023.Of the 1200 items on our core list,146 items are decreased in price,308 R 'L items had no increase,and 138 items had less than a 2%increase. A detailed summary of the request is attached along with supporting 0 documentation. As such,Network Distribution is asking for price adjustment on the enclosed product list. This is our annual price cC adjustment as is allowed in the contract. Should pricing decrease through the balance of 2023,the decrease will be reflected in the pricing Q offered to Participating Public Agencies. Network Distribution is committed to providing high quality products at a price that is competitive Z and sustainable. Network Distribution is hopeful that we can return to the relatively stable and predictable price determinations seen in past 2 O years. U LL Submitted B Martha Renkoski 5/22/2023 I 1:20 PM CDT y: ❑ Approved Date c a� Title: Corporate Account Director ❑ Denied Date E t ca Contact Number: F�Docusi9nedby: r Email Address: mrenkoski@networkdistribution.com Region 4 ESC: Robert zingelmann Packet Pg. 125 DocuSign Envelope ID:2C87CD26-B4AD-4910-9FCD-43D099CD707D (Vt reglon4 I 0 Request for Vendor Contract Update 'L N Pursuant to the terms of your awarded vendor contract,all vendors must notify and receive approval from Region a 4/OMNIA Partners, Public Sector when there is an update in the contract. No request will be officially approved o without the prior authorization of Region 4. Region 4 reserves the right to accept or reject any request. 3 m Z Network Distribution hereby provides notice of the following update to (Vendor Name) '3 a+ C Contract number: R211301 for Cleaning Supplies, Breakroom and Related Products on this date November 9, 2023 Contract Title L aI Q Instructions:Vendors must check all that may apply and shall provide supporting documentation. Place your initials c next to each item to confirm that documents are indeed included. Request received without supporting documentation y will be returned. Be sure to sign prior to submitting your update for approval. This form is not intended for use if there is a material change in operations,which may adversely affect members,i.e.assignment,bankruptcy,change M a of ownership,merger,etc.Please contact a member of the OMNIA Partners Contracting Team to request a"Notice of Material Change to Vendor Contract"form. L Q ❑ Authorized Distributors/Dealers X Price Update 0 0 Addition X Supporting Documentation V Deletion c Supporting Documentation ❑ Discontinued Products/Services y ❑ Products/Services Supporting Documentation t New Addition x u.I Update Only Supporting Documentation L ❑ Other ❑ States/Territories Supporting Documentation rn Supporting Documentation m .Q Q. Notes:Vendor may include other notes regarding the contract update here: (attach another page if necessary). ) Network requests an increase in our pricing,effective December 1,2023. At this time,only one manufacturer has raised our costs which to 'L only impacts 12 items out of the nearly 1200 items on our list A detailed summary of the request is attached along with supporting c documentation. As such,Network Distribution is asking for price adjustment on the enclosed product list.On June 1,2024,pricing will be ca re-assessed,and Network Distribution submit a justification for Region 4's approval for any further price adjustments. Should pricing Q decrease prior to June 1,2024,the decrease will be reflected in the pricing offered to Participating Public Agencies. Network Distribution is Z committed to providing high quality products at a price that is competitive and sustainable. 2 O 12/4/2023 2:52 PM CST U Submitted By: Martha Renkoski ❑ Approved Date Q u_ Title: Corporate Account Director ❑ Denied Date a� E DocuSigned by: Contact Number: �,V(, Email Address: mrenkoski@networkdistribution.com Region 4 ESC: Q Robert zingelmann Packet Pg. 126 4.E PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5600 DATE: May 21, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Goods and Services Agreement with TriVan Truck Body, LLC - Authorize MOTION: I move to authorize the Mayor to sign a Goods and Services Agreement with TriVan Truck Body, LLC., subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Police Department has a need for a purpose-built crime scene van that can process and secure evidence on-scene at incidents throughout the City. Currently, the Police Department does not have a dedicated vehicle for this function. The City issued a request for proposals for this vehicle and TriVan Truck Body, LLC submitted the lowest proposal at $306,155.44. BUDGET IMPACT: No unfunded impacts, the approved budget for this purchase is $350,000. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. TriVan Truck Body - Crime Scene Vehicle Agreement (PDF) Packet Pg. 127 4.E.a KEN T WAs� �ro J GOODS & SERVICES AGREEMENT J between the City of Kent and o m lie TriVan Truck Body, LLC F THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and TriVan Truck Body, LLC organized under the laws of the State of Washington, located and doing business at 1385 West Smith Road, Ferndale, WA 98248, Phone: 360-380-0773, Contact: 3 Andrew VanDriel (hereinafter the "Vendor"). m AGREEMENT m L I. DESCRIPTION OF WORK. Q N N The Vendor shall provide the following goods and materials and/or perform the following services for •2 the City: c The Vendor shall construct and install one Mobile Command and Evidence Truck Body. For a description and Vendor's estimate, see Exhibit A, which is attached and incorporated by this o reference. t9 N O O a+ C N E N N L The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, Q materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and T services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services by February 28, 2025. U U) III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Three Hundred E Six Thousand, One Hundred Fifty Five Dollars and Forty Four Cents ($306,155.44), including applicable L- Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: c m Y V Vendor shall be paid after constructing and installing the items listed in Exhibit A. c L a-. E V Q GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) Packet Pg. 128 4.E.a Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. � J If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every m effort to settle the disputed portion. � L A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the L goods, materials or services from other sources, and the Vendor shall be liable to the City for r any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, 3 including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs E incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. a B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL 2 CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. c IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in o accordance with Ch. 51.08 RCW, the parties make the following representations: N A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. c B. The Vendor maintains and pays for its own place of business from which the Vendor's E services under this Agreement will be performed. L C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. U U) D. The Vendor is responsible for filing as they become due all necessary tax documents E with appropriate federal and state agencies, including the Internal Revenue Service L and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state m Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. c F. The Vendor maintains a set of books dedicated to the expenses and earnings of its >_ L business. c V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon E providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. f° a GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) Packet Pg. 129 4.E.a VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for J performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach c agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the m City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the 19 amended work upon receiving either a written amendment from the City or an oral order from the City 21 before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in r subsections A through E of Section VIII, Claims, below. 3 c The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate E acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either Q covered or affected by the change. W VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or v delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their o performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal c4 protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. c If any future performance is prevented or delayed by a force majeure event, the party whose E performance is prevented or delayed shall promptly notify the other party of the existence and nature of L the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be Q effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. m Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any in costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force L Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance o that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the > Vendor. c VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written E order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the a claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) Packet Pg. 130 4.E.a or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. U J At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items J 1 through 5 below. c m FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN � THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY ~ c THAT DELAY. L A. Notice of Claim. Provide a signed written notice of claim that provides the following r information: 3 c 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; m 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate Q was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result o of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. o The City will evaluate all claims, provided the procedures in this section are followed. If the N City determines that a claim is valid, the City will adjust payment for work or time by an c equitable adjustment. No adjustment will be made for an invalid protest. c C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this L Agreement. Q m D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor 2 also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). c as E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this in section, the Vendor completely waives any claims for protested work and accepts from the E City any written or oral order (including directions, instructions, interpretations, and L determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING m FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. c X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work >_ L provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions c established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have a known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) Packet Pg. 131 4.E.a discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a � reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay J all costs incurred by the City in order to accomplish the correction. c m XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not by reason of race religion, color, sex age, sexual orientation national ~ origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative r Policy 1.2. 3 c XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or E m suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's Q negligence. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. c IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, °o TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. ci 0 0 In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor E shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable L attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Q Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. m XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. in m XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions E L and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of U the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or o other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. t= c A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its >_ L contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. c as E B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this 20 Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those a covenants, agreements or options, and the same shall be and remain in full force and effect. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) Packet Pg. 132 4.E.a C. Resolution of Disputes and Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules J and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the c parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred m in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or 19 award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at L the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written r notice hereunder shall become effective three (3) business days after the date of mailing by registered or 3 certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E m m E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, Q the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. '2 m F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. o G. Entire Agreement. The written provisions and terms of this Agreement, together with any o Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of c4 or altering in any manner this Agreement. All of the above documents are hereby made a part of this c Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. E H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal L laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's Q business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. m I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be in subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and L obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, o Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the °,° Kent City Code. LL r K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute >_ L this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement c bearing the original signature was received in person. E IN WITNESS, the parties below execute this Agreement, which shall become effective on 20 the last date entered below. All acts consistent with the authority of this Agreement and prior a GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) Packet Pg. 133 4.E.a to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: ' U J J By: By: c m lie Print Name: Print Name: Dana Ralph U L Its Its Mayor r- DATE: DATE: r 3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: c m E VENDOR: CITY OF KENT: L Andrew VanDriel Chad Bieren, P.E. Q N TriVan Truck Body, LLC City of Kent 1385 West Smith Road 220 Fourth Avenue South Ferndale, WA 98248 Kent, WA 98032 Cl) (360) 380-0773 (telephone) (253) 856-5500 (telephone) avandriel@trivan.com (email) PublicWorks@Kentwa.gov (email) O O APPROVED AS TO FORM: N O O a+ Kent Law Department as E ATTEST: L Q m Kent City Clerk m c as U kb 5/14/2024 a) L U O m Y V 7 LL r > L E V Q GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) Packet Pg. 134 4.E.a DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY U J The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who m0 perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. L F The City of Kent and its contractors are subject to and will comply with the following: > L • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. r 252), (prohibits discrimination on the basis of race, color, national origin); 3 a� • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs E Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); a N N • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). co c • Ch. 49.60 RCW (Washington Law Against Discrimination) 0 0 The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and .. Regulations". c The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, L subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined Q below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. a� The statements are as follows: U 1. I have read the attached City of Kent administrative policy number 1.2. a) E 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, U race, color, national origin, age, or the presence of all sensory, mental or physical disability. 0 3. During the time of this Agreement I, the prime contractor, will provide a written statement m to all new employees and subcontractors indicating commitment as an equal opportunity i employer. c 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. a� 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: a EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 135 4.E.a A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted U programs through the Washington State Department of Transportation, and � generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference m0 and made a part of this contract. � L B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national > origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or r indirectly in the discrimination prohibited by the Acts and the Regulations, including 3 employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. E as as L C. Solicitations for Subcontracts, Including Procurements of Materials and Q Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or can, supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the N grounds of race, color, or national origin. 0 0 0 D. Information and Reports: The contractor will provide all information and reports N CD required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain E compliance with such Acts and Regulations and instructions. Where any information ai required of a contractor is in the exclusive possession of another who fails or Q refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth is what efforts it has made to obtain the information. > a� c E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with in the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: 0 a. withholding payments to the contractor under the contract until the m contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. c F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to E any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including a sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 136 4.E.a or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. J J 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and m° authorities; including but not limited to: L Pertinent Non-Discrimination Authorities: > i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), r (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 3 21. E ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, L (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose Q property has been acquired because of Federal or Federal-aid programs and a projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, N (prohibits discrimination on the basis of disability); and 49 CFR Part 27; o V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), 0 (prohibits discrimination on the basis of age); o 0 vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); E a� vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, aD coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, (D whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation o regulations at 49 C.F.R. parts 37 and 38; co ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) L (prohibits discrimination on the basis of race, color, national origin, and sex); c X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority > Populations and Low-Income Populations, which ensures Non-discrimination against r minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; a EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 137 4.E.a xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure , compliance with Title VI, you must take reasonable steps to ensure that LEP persons U have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); -, xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from o discriminating because of sex in education programs or activities (20 U.S.C. 1681 et m seq). L xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. r 3 By signing below, I agree to fulfill the five requirements referenced above. a E a� a� L By: y O V For: a� Title: c Date: O O N O O C d E L Q V d > V E L U O m Y v 3 LL r > L f+ d E V R a EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 138 4.E.a CITY OF KENT ADMINISTRATIVE POLICY U J J NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 0 m lie L SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 > L APPROVED BY Dana Ralph, Mayor r 3 POLICY: E 0 Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and Q suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: co c 1. Provide a written statement to all new employees and subcontractors indicating N commitment as an equal opportunity employer. 0 0 2. Actively consider for promotion and advancement available minorities and women. N 0 0 Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the : City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination a Policy Declaration, prior to commencing performance. E as L Any contractor, subcontractor, consultant or supplier who willfully disregards the City's Q nondiscrimination and equal opportunity requirements shall be considered in breach of contract T and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public 42 Works Departments to coordinate with the City's Title VI coordinator, and perform the following in duties for their respective departments. L 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these L) regulations are familiar with the regulations and the City's equal employment opportunity policy. m° Y V 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. c L E V Q EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 139 Exhibit A - rid`/ RD TriVan Truck cad 1385 West Smith Road MMM Ferndale,WA 98248 TRtlGf[$dldt' J µ J Ph (360)380-0773 www.trivan.com 7411212024 10189 0 Fax (360)312-1398 m Y V City of Kent City of Kent _ 220 4th Avenue S. 5821 South 240th Street > Kent,WA 98032 Kent,WA 98032 I 3 E m Project a cY >ec t 1 r9/2024 AMV Kent,WA v QUOTATION CRIME SCENE TRUCK BODY. END-USER. KENT POLICE E' � CUSTOMER PROVIDED CHASSIS: Ford F-550 o 0 0 CHASSIS INFO CUSTOMER PROVIDED CHASSIS: 2024 Ford F550 4WD Cab and Chassis. Regular Cab,205"wb, 120"CA, 19,500#GVWR c 4.88RAR,7.3L Gas, 10sp Automatic, 225/70Rx19.5. Cost of chassis is not included in quote.Truck with van body when completed is to be delivered to City of Kent Public Works. DIMENSIONS VAN BODY DIMENSIONS: E d LENGTH: 16'(id)+41 sloped over-cab extension(overall length of body:20'od) WIDTH:8"W (od) Q HEIGHT:7'H(id) m v j DESIGN DRAWINGS DESIGN DRAWINGS: -AutoCad design drawings shall be provided for customer ( t I review/approval prior to the start of the build. I j d SUBFRAME 2x2 SUBFRAME:constructed of 2"x2"tubular steel cross-members 16"on center with longsills to suit chassis. Low floor mount, no wheel-wells. U BUMPER-STEP STEP BUMPER 10"D steel Grip Strut rear bumper with tapered corners.Bumper to be sprayed E in black bed liner. V BUMPER-FLIPOUT FOLDOUT STEP--84"W folding step attached to rear bumper,also Grip Strut,sprayed in black bedliner. Includes a spring-loaded stainless steel barrel bolt with stainless steel keeper plate(for barrel bolt to latch into when step is stored). pip Y HITCH CLASS V HITCH RECEIVER—braced to chassis frame c/w D-rings for safety-chains attachment. Includes trailer plug. Hitch to be installed with Grade 8 hardware. ` ca H Subtotal E Sales Tax (10.2%) Order Approval Signature: [ Q Total Page 1 Packet Pg. 140 4.E.a TWIG Trl an Truck Body 1385 West Smith Road ' Ferndale,WA 98248 TRUCKHODY J Ph (360)380-0773 www.trivan.com 4f 12/2024 10189 �' 0 Fax (360)312-1398 m Y S City of KentCity of Kent = 220 4th Avenue S. 5821 South 240th Street > Kent,WA 98032 Kent,WA 98032 3 a� IM _ _ a , [ d Due cep receirp[ 1/9i2024 faMV Kent,WA v WALLS WALLS Walls of body are constructed of extruded aluminum interlocking panels,which form a smooth, ca N puncture-resistant&rivet-free"billboard"side wall. o Exterior aluminum skin thickness: .100". 0 1 5"x 1"x.100"aluminum wall posts spaced every 12"on center. (9 SKIRTING SKIRTING: body is skirted flush to bottom of cab, including rounded wheel cutouts and rubber o fenderettes. I Skirting to be integrated with wall panels. � c KICKOVER SLOPED KICKOVER: 48" Length sloped kickover/over the cab extension at front of body.Insulated&lined on interior, y including a full width 3"lip on inside edge. d j —Kickover to include full wraparound drip-rails(one continuous length) Q --kickover flooring to be Space Age!ThermoLite board. m v WINDOWS WINDOWS: -(2) 18"W x 24"H light-tint slider windows, (1)installed in each entry door. > -(1)36"W x 22"H light tine window installed on passenger side of body,over map table. d ' c d I ROOF-WALK ON WALK ON ROOF: 12ga aluminum walk-on roof with extruded aluminum roof-bows 12"o.c. Roof is crowned to allow water run off. m Painted white to match rest of vehicle. V I LADDER TO ROOF LADDER TO ROOF: >, Aluminum roof access ladder installed at rear,to the left of the rear door.Tubular aluminum construction,painted to match rest of body.Uprights extend up to the height of the perimeter roof po p 1 rack. Y 3 L i = CD Subtotal E Sales Tax (10.2%) Order Approval Signature: Q Total Page 2 Packet Pg. 141 4.E.a TINSH TriVan Truck Body 1385 West Smith Road Ferndale,WA 98248 TRUCKBf1DY J J Ph (360)380-0773 www.trivan.com 4/12/2024 10189 0 Fax (360)312-1398 m Y =NMI r City of Kent City of Kent = 220 4th Avenue S. 5821 South 240th Street > Kent, WA 98032 ' Kent,WA 98032 3 m Im a Due on receipt 1,9i2024 AMV � l Kent,WA v , r 1 y E '^ V! IS�n-E"I�LTYROOF�..._.. ' ' AGE S.��IN Ali-aluminum, roof-mounted storage bin(84"L x 36"W x 20"H)with single top-hinged lid. For N storage of outside tools-shovels, rakes,etc. c Painted Ford white to match body. 0 Design to include gas struts and key-lockable door hardware. C9 ROOF RAILS ROOF RAILS:Supply&install 8"height full perimeter roof rails, aluminum construction, c anchored to the roof every 4 to 6 feet approx, painted white to match. Q Full perimeter of roof is enclosed by the rail,except for the gap for the ladder access. I +r I � SKYLIGHT 2x4 ROOF SKYLIGHTS I Roof of body includes(2)lexan polycarbonate 24"x 48"clear skylights with bright aluminum € 4) interior trim work. GRAVEL GUARDS GRAVEL GUARDS: m Aluminum diamond plate gravel guards on front wall of van body&front skirting area, on both v sides of cab,wrapping around both corners. € m FLOORING FLOORING d Lonseal commercial vinyl, non-slip flooring over 3/4"marine grade plywood subfloor. Includes aluminum diamondplate scuffliner/kickplate where required. U co INSULATION INSULATION: E 2"R14 urethane closed cell foam insulation in walls,ceiling&under floor, including kickover,rear V door&side door. , Must be a closed-cell, non-settling,vermin-proof,quiet insulation. 0 LINING LINING: m Full interior of body(walls&ceiling)lined in smooth painted white aluminum sheeting. Bonded to 19 interior with VHB tape. Includes professional aluminum trim out at all joints. 3 j Inside face of all exterior entry doors also skinned in smooth white aluminum. ' 3 � I rr Subtotal E Sales Tax (10.2%) �a Order Approval Signature: Q Total Page 3 Packet Pg. 142 4.E.a TMOR Tri an Truck Bony LrXz:V'- 1385 West smith Road ' Ferndale,WA 98248 TRUCKBODY Ph (360)380-0773 www.trivan.com 74!112/2024 10189 0 Fax (360)312-1398 m Y V 3 City of Kent City of Kent 220 4th Avenue S. 5821 South 240th Street > Kent,WA 98032 Kent,WA 98032 3 I E m m aM i a d ti.. Die oirl receipt 9t202 AM,tf, Kent,WA _ v m , DOORS REAR ENTRY DOOR(BOX FORMED ALUMINUM CONSTRUCTION) cv 30"W x 74"H single rear entry door,centered, with urethane insulation,aluminum skin lining, N upper 18x24 slider window,TriMark paddle handle with inside release,rotary latches,a cast M aluminum door holdback. DOORS SIDE ENTRY DOOR WITH STEPWELL(BOX FORMED ALUMINUM CONSTRUCTION) N 30"W X 80"side entry door installed on passenger side of body near front. c Door to include 2 or 3 step aluminum interior stepwell, urethane insulation,aluminum skin lining, upper 18x24 slider window,TriMark paddle handle with inside release, rotary latches,and a cast +, aluminum door holdback. 0 m FUEL FILLER FUEL FILLER: Recessed fuel filler to suit chassis fuel tank as necessary. EXTERIOR COMP°TS EXTERIOR COMPARTMENTS: ' m All compartment doors on body exterior to be 1/8"aluminum BOX FORMED doors with TriMark v slamming paddle handles with rotary Batches.All doors are piano hinged and are keyed alike.All m latches include adjustable striker posts. > All underbody compartments(excluding generator compartment)to be top hinged with gas struts d to hold doors open so they can be used as a work surface(as done on Bonner County). m All compartments construction is to be 1/8"aluminum,welded construction. U m EXTERIOR COMPARTMENTS(DRIVER SIDE): E (2)single door,top hinged underbody aluminum compartments installed on driver side.(1) V located in front of rear wheel,(1)behind rear wheel. , Approximate dimensions 48"W x max height x max depth. 0 EXTERIOR COMPARTMENTS(PASSENGER SIDE): m (2)single door,top hinged underbody aluminum compartments installed on passenger side. (1) located in front of rear wheel,(1)behind rear wheel. L Approximate dimensions 48"W x max height x max depth. i— c ca •L H 0 d Subtotal I E s Sales Tax (10.2%) Order Approval Signature: Q Total ' Page 4 Packet Pg. 143 4.E.a MY91 a� TriVan Truck Body 1385 West Smith Road ' IXLzrp- rRUCKBODYFerndale,WA 98248 V . J J Ph (360)380-0773 www.trivan.com 4J12t2024 10189 0 Fax (360)312-1398 m Y V 3 City of Kent City of Kent = 220 4th Avenue S. 5821 South 240th Street > Kent,WA 98032 Kent,WA 98032 3 a0i E m Terms m L Due Date . Account# FOB ProjectQ ;•, r t4i N Due on receipt 119/2024 AMV Kent,WA GENERATOR GENERATOR I ELECTRICAL COMPARTMENT Supply&install vented double-door aluminum compartment to suit Onan generator and 12V/ cn 110V electrical components. Includes vented compartment doors,Trimark handle and T-style door holdbacks. 0 Compartment is sound attenuated to reduce noise. C9 N O O d E i L Q d V d d I m V co 0 E ♦L♦ V 0 m y Y 3 H C C Subtotal E Sales Tax (10.2%) Order Approval Signature: Q Total Page 5 Packet Pg. 144 4.E.a A07 TriVan Truck Body Lr1f1385 West Smith Road ' Ferndale,WA 98248 V J rHUCKMY J 4f 12/2024 101$9 �' Ph (360)380-0773 www.trivan.com c Fax (360)312-1398 m Y V City of Kent City of Kent 220 4th Avenue S. 5821 South 240th Street > Kent,WA 98032 Kent,WA 98032 m Im P.O. a. Account# FOS ' a e , I Due on receipt /9 2224 A(''J1V Kent,WA 2 f Cn INTERIOR FINISHING INTERIOR ALUMINUM CABINETRY-ROADSIDE INTERIOR = All interior cabinetry to be 1/8"welded aluminum construction, painted light grey.All cabinet ca N doors and drawers includes stainless steel handle hardware and hinges. a 0 ROADSIDE INTERIOR-OVERHEAD CABINETS: 0 -3 door aluminum overhead cabinet installed on roadside interior of body. Each door to measure approximately 31"W with full width x 16"H x 16"D inner storage compartment. c -each door to include stainless steel door hold open ROADSIDE INTERIOR-REAR FLOOR TO CEILING CABINET _ -Double door 49"W x 81°"H (approximate dimensions)floor to ceiling aluminum cabinet installed m on roadside interior of body at rear. m -For storage of canopies/black-out curtains and bulky items i Q ROADSIDE INTERIOR-LOWER DRAWER BANK m I -4 drawer,aluminum drawer bank installed on roadside interior of body -Approximate dimensions 22.5"W x 41"H � -Each drawer to include stainless steel, latching handle,and 150 lb(minimum)drawer slides > ROADSIDE INTERIOR-TEMPORARY EVIDENCE STORAGE CABINET d -(2) 12"W x 12"D x 8.5"H locking aluminum cabinets for temporary evidence storage U -Installed on roadside interior,above work station/desk E ROADSIDE INTERIOR-FRONT STORAGE CABINET V -Double door 49"W x 71"H (approximate dimensions)aluminum cabinet installed on roadside , interior of body at front, over generator/electrical storage compartment.) -Interior of cabinet includes(2)full width aluminum shelves.Shelves to be fully height adjustable 0 and include a 2"perimeter lip to prevent items from sliding off in transit. m Y ROADSIDE INTERIOR-DESK/WORK SURFACE 3 95"W x 20"D desk/work surface installed on roadside interior of body. H Formica over aluminum plate construction. Includes aluminum substructure painted grey. cra •L a H j [ c Subtotal ' E Sales Tax (10.2%) Order Approval Signature: Q Total Page 6 Packet Pg. 145 4.E.a M111 a1 Tri an Truck Body 1385 West Smith Road ' Lai V Ferndale,WA 98248 TRUCKBODY J Ph (360)380-0773 www,trivan.com 4f12/2024 10189 O Fax (360)312-1398 m Y V xi, a a � ! i x a � City of Kent City of Kent 220 4th Avenue S. 5821 South 240th Street > Kent,WA 98032 Kent,WA 98032 3 E m m A Q N Q) Due on re.cei E 9i2024 ANIV Kent,WA i _2 e 3 ' .. VI INTERIOR FINISHING INTERIOR ALUMINUM CABINETRY-CURBSIDE INTERIOR O I � All interior cabinetry to be 1/8"welded aluminum construction, painted light grey.All cabinet N doors and drawers includes stainless steel handle hardware and hinges. O O CURBSIDE INTERIOR-OVERHEAD CABINETS: a -3 door aluminum overhead cabinet installed on curbside interior of body. Each door to measure N approximately 40"W with full width x 16"H x 16"D inner storage compartment. c -each door to include stainless steel door hold open CURBSIDE INTERIOR-REAR FULL HEIGHT CABINET: -34.75"W x 82"H (approximate dimensions)aluminum cabinet installed on curbside interior of body, at very rear 1 -Bottom 38"of cabinet to include open face to allow fridge to be installed L -Top 44" (approximately)of cabinet to include full width double doors for accessing interior Q storage area. Interior of cabinet includes(2)full width aluminum shelves. Shelves to be fully m height adjustable and include a 2" perimeter lip to prevent items from sliding off in transit. € � t CURBSIDE INTERIOR-LOWER DRAWER BANK m > -4 drawer, aluminum drawer bank installed on curbside interior of body i d -Approximate dimensions 28"W x 38"H m -Each drawer to include stainless steel, latching handle, and 150 lb(minimum)drawer slides l CURBSIDE INTERIOR-MAP TABLE m -40"W x 33"H x 25.5"D map table installed on curbside interior of body V -Includes(1)upper heavy duty aluminum pull out drawer -Includes lower double door for access to additional storage space >, I � CURBSIDE INTERIOR-TOOL CABINET/WORK SURFACE m 42"W x 18-15/16"D x 39-13/16"H Westward 11 drawer tool cabinet installed on curbside interior Y of body. 3 -Cabinet to be fixed mounted. H ' c I � i � H F Subtotal E Sales Tax (10.2%) Order Approval Signature: Q Total Page 7 Packet Pg. 146 4.E.a TMAN T iVan Truck Body . Lplfrip- 1385 West Smith Road Ferndale,WA 98248 ,, _ V J MUCKMY J Ph (360)380-0773 www.trivan.com 4112/2024 10189 ' c Fax (360)312-1398 m Y V City of Kent City of Kent _ 220 4th Avenue S. 5821 South 240th Street > Kent;WA 98032 Kent,WA 98032 I � 3 3 E m > , a 1 9 ^ u€: i�Deit S1J02 1�4JG`-4 j riMtf E f\enI,WA 3 ' 3 t i E x COMMUNICATION 1 ELECTRICAL 36"MONITOR � Supply and install 36"flat screen TV(or similar size 1 equiv)with fold down ceiling mount. Installed at front of body,above kickover area. c Includes power and video(HDMI)for monitor.HDMI connection to terminate at one of the C workstation locations. ' C9 FRIDGE FRIDGE o Single door,stainless steel mini fridge installed in fridge cabinet. CD Maxximum brand 5.2-cu ft(or equivalent) WHITEBOARDS INTERIOR WHITEBOARDS Supply&install(2)interior mounted magnetic dry-erase whiteboards(36"W x 24°H) y -Fixed mounted on interior passenger side of body. WHITEBOARDS EXTERIOR WHITEBOARDS Q m Supply and install(2)exterior 60"W x 48"H magnetic dry-erase whiteboards v -Mounting brackets installed on exterior passenger side of body to allow whiteboards to be installed and removed as needed. > d ONAN GAS 5.5KW GAS GENERATOR-ONAN 5.5KW = Supply&install Onan 5.5kW gas generator 120V,2-Pole 30A circuit breaker. installation U includes exhaust kit to suit,wiring harness, remote start-stop switch panel with hour-meter and plumbing into truck fuel tank.Generator fuel tank plumbing to be configured so that generator E E cannot drain chassis fuel tank below 1/3 fuel level. L Installed in a vented,weatherproof exterior compartment(detailed separately above). V C m Y V 3 H Subtotal E s Sales Tax (10.2% Order Approval Signature: Q i Total Page 8 Packet Pg. 147 4.E.a T/ y4707 TriVan Truck Body 1385 West Smith Road ' 1� Ferndale,WA 98248 g V J TRUCKNODY J 4112112024 10189 Ph (360)380-0773 www.trivan.com iL-__ c Fax (360)312-1398 m Y Nam I V 6 > L l— City of Kent City of Kent _ 220 4th Avenue S. 5821 South 240th Street > Kent,WA 98032 Kent,WA 98032 3 E Po.NO. TOMS Due Date Rep Account 4 F0,8 Project t� to d Due on receipt 1/9/2024 AMV Kent,WA 2 110V 12V ELEC PKG COMBO COMBINATION 12V/110V ELECTRICAL PACKAGE: 110V/220V power provided by generator or shore power plug I rn Service Panel(Blue Sea Systems 12V/110V panel with backlit rocker style circuit breakers) installed in kickover of body p (2) 12VDC Group 31 AGM Batteries with tie-down provisions and recharge circuit. C9 -manual master disconnect switch near driver's seat(cuts off all power draw downstream from N j the house batteries) ( o -SurePower Battery Separator connection to chassis batteries (SP-1314-200) all cable/connectors/straps/loom. -Samlex 3000 Watt modified Sine Wave Inverter(Sam-3000-12) --Transfer Switch as necessary. Samlex Battery Charger(SEC-1215UL)(or C-TEC battery charger(PN 56-353) y -30A Shorepower Plug to suit(including RV style pigtail adaptor cord) - (10) 110V duplex plugs with built-in USB charge ports. Locations to be determined during Q design process. m -(8)Maxxima LED ceiling lights with switch at rear door(or side entry door) 2 --(2)Total LED strips lights mounted uner cabinets,over work station areas. ' (2)exterior GFCI outlets with watertight covers-installed on passenger side > d AIR CONDITIONING AIR CONDITIONING = m Roof mounted 13,500 BTU air conditioning unit installed with wail mounted thermostat control. U C0 HEATING HEATING E Wall-mounted 1000W electric heater with adjustable speed fan, installed. V 112V ELECTRICAL 12V ELECTRICAL: FMVSS: >, Ali wiring to use crimp on,insulated electrical connectors where needed. Clearance lights to be 3/4"LED bullet lights. m I Stop/tail/turn lights to be(2)pairs of oval LED red s/t/t lights(Maxxima M63350R or equivalent). 19 Reverse lights to be(1)pair of oval LED reverse lights(Maxxima M63350 or equivalent). 3 All installed at an angle(chevron style)on the light plates. Includes an LED license plate light and adhesive reflectors to meet FMVSS. c � H c d Subtotal E s Sales Tax (10.2%) Order Approval Signature: Q Total Page 9 Packet Pg. 148 TriVan'Truck Body 1385 West Smith Road Ferndale,WA 98248 rRUCKBODY J Ph (360)380-0773 www.trivan,com 4/12/2024 10189 _? o Fax (360)312-1398 m Y 7 City of Kent City of Kent ) 220 4th Avenue S. 5821 South 240th Street > Kent;WA 98032 Kent,WA 98032 3 r I 3 I � 1 E m m a,F°' �' Due on receipt 119/2024 AMV Kent,WA I EMERGENCY LIGHTING EMERGENCY LIGHTING: ' M Supply and install Whelen Emergency Lighting Package, including: N -(12)Whelen Ion red/blue flashers(2 on the front of the box,2 in the chassis grille,2 on each € o side,and 4 at the rear). p -(1)Whelen 9-switch controller unit(or equivalent)mounted in the chassis cab. (9 3 .. 12V ELECTRICAL INTERIOR LIGHTING o (8)Maxxima LED ceiling lights installed with switch at side door.Also described under 12Vf110 combination electrical package. c 12V ELECTRICAL UNDER CABINET LIGHTING m (2)Total LED strips lights mounted under cabinets,over work station areas. Includes switch at E d side door.Also described under 12V/110 combination electrical package. Q EXTERIOR LIGHTING EXTERIOR LED SCENE LIGHT m (6)Exterior, low profile; LED scene lights installed. (3)installed on curbside of body,(3)installed [ v on roadside. t Maxxima MWL-35 model.To be switched at side entry door. > d EXTERIOR LIGHTING TELESCOPING LED SCENE LIGHT = (1)FRC FCA530-V20-CL-H telescoping Scene light installed on rear passenger's side corner of U body. m -Push up telescope light with anodized aluminum handle and twist lock mechanism to secure the E extension pole in position. L -360 degree rotation V -20,000 lumens € O 12V LIGHTING EXTERIOR 12V COMPARTMENT LIGHTING: m Maxxima LED compartment strip lights installed in all exterior compartments.All lights switched Y I on one single timer switch at rear door. i I H BACKUP CAMERA 12V ELECTRICAL: BACKUP CAMERA: Supply&install(1)backup camera installed at exterior rear,including in-cab 5.8"screen. > L Subtotal E Sales Tax (10.2%) Order Approval Signature: Q Total Page 10 Packet Pg. 149 MINH TriVan Truck Body Lrlz 1385 West Smith Road Ferndale,WA 98248 V J IRUC1CMY J Ph (360)380-0773 www.trivan.com 4f12/2024 10189 0 Fax (360)312-1398 m Y V s a + L City of Kent City of Kent = 220 4th Avenue S. 5821 South 240th Street ' > Kent,WA 98032 Kent,WA 98032 t 3 I � E m set I ' ' I AWNING 12V ELECTRICAL: POWER AWNINGS. Supply&install (2 power awnings:{1}on passenger side(1)on driver side.Armless set up N Fiamma brand or equivalent. E c Includes built-in auto-retract feature with wind-sensor. I O j LEVELLING SYSTEM LEVELING SYSTEM: ! Supply and install Lippert or HWH 1-touch leveling system (mounted to chassis frame). c WHELEN SIREN WHELEN SIREN AND PA SYSTEM Supply&install Whelen 295SLSA6 siren with radio repeat,manual,yelp,wail&phaser. Speakers to be(2)Whelen SA314P bumper-style speakers. E I Includes 16 Scan-Lock siren tones. I i I L COMMUNICATION/ELECTRICAL CENTER CONSOLE/RADIO PROVISIONS Q Supply and install steel center console with provisions for City of Kent to install a Motorola APX m 4500 mobile radio system v I -Black powder coat finish 1 > COMMUNICATIONS PACKAGE Wi-Fi ROUTER: c Supply and install Cradlepoint Router(Model IBR900),and CradlePoint 170700-000 Dual Modem Dock,Complete with antenna(Model RFMAX IBR900-G44W W-B). Antenna to be located on the U I roof of body. Please note that cell phone t mobile service to the router is to be arranged by the City of Kent. E V j O I m Y V 3 L > L Subtotal E Sales Tax (10.2%) ' Order Approval Signature: Q Total Page 11 Packet Pg. 150 4.E.a T16007 TriVan Truck Body 1385 West Smith Road ' Lrxz�_ � r �� U Ferndale,WA 98248 ���„w �:r� J rRUCKSODY J 4f 12/2024 10189 Ph (360)380-0773 www.trivan.com 0 Fax (360)312-1398 m Y V 7 City of Kent City of Kent 220 4th Avenue S. 5821 South 240th Street > Kent, WA 98032 Kent,WA 98032 3 3 c m rn Due on e e;pt Amv Ken ,WA � 2 , m PAINT: _ Van body exterior(including roof)painted white to match the customer-provided cab chassis N paint color(white) '0 Lining inside van to be pre-painted white aluminum °o All overhead cabinets,drawers,closets and shelving units to be painted light-grey. Roof is same color as body, along with the ladder and the roof rack. N ( o UNDERCOATING: Body undercoated. MUDFLAPS: [ E (1)pair of TriVan rubber mudflaps installed. 0 MOUNTING MOUNTING: Q Installation includes full length HDPE (plastic)spacer strips between body longsills and chassis m frame rails. Body to be mounted by TriVan on customer-furnished F550 chassis.with 120"cab-axle, including fuel filler&mudflaps. > Q DELIVERY PICKUP AND DELIVERY i Includes pick up of chassis by TriVan and delivery of copmleted vehicle with weight slip. U O 1 m 1 cYj � 3 1- C a+ C d Subtotal USD 277,818.00 E t Sales Tax (10.2%) USD 28,337.44 Order Approval Signature: Q Total USD 306,155.44 I Page 12 Packet Pg. 151 4.E.a Exhibit B Insurance Requirements Insurance ° m Y V Consultant shall procure and maintain for the duration of the Agreement, P insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder .>_ by the Consultant, their agents, representatives, employees, or subcontractors. 3 ° A. Minimum Scope of Insurance E ° L Consultant shall obtain insurance of the types described below: a ° ° Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover �n liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial $ General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be o named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a E substitute endorsement providing equivalent coverage. If a general P aggregate limit applies, either the general aggregate limit shall apply a separately to this project/location or the general aggregate limit shall 9 be twice the required occurrence limit. ° The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will co ° be acceptable if all the Primary and Umbrella or Excess Policies shall E provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the m° underlying Commercial General Liability insurance. 3 LL r Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability ° a Packet Pg. 152 4.E.a coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. � Workers' Compensation coverage for the employees of Consultant and m° subcontractors as required by the Industrial Insurance laws of the State of Washington. R B. Minimum Amounts of Insurance L Consultant shall maintain the following insurance limits: 3 Commercial General Liability insurance shall be written with limits no E less than $1,000,000 per occurrence, $2,000,000 general aggregate. and $2,000,000 products-completed operations aggregate limit. a Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. 0 0 If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the ! o broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy E limits may be obtained with excess liability (umbrella) insurance. a C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Consultant's insurance coverage shall be primary insurance E with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Consultant's insurance policies and shall not m° contribute to the Consultant's insurance policies. 3 LL r 2. Consultant's insurer must deliver, or mail written notice of cancellation to the named insured at least forty-five (45) days L before the effective date of the cancellation. The Consultant's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Consultant's a Packet Pg. 153 4.E.a insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Consultant must notify the City of � any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. m Y V 3. The City of Kent shall be named as an additional insured on all R policies (except Professional Liability) with respect to work performed by or on behalf of the Consultant and a copy of the .>_ L endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the 3 right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall E also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is a brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not $ less than A:VII. N O O E. Verification of Coverage r Consultant shall furnish the City with original certificates and a copy of the E amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of a the Consultant before commencement of the work. The City waives no 9 rights, and the Consultant is not excused from performance if Consultant fails to provide the City with a copy of the endorsement naming the City as a ' >„ Primary Non-Contributory Additional Insured. F. Subcontractors E L U Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. m All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Consultant. L E V a Packet Pg. 154 4.F PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5600 DATE: May 21, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Consultant Services Agreement with TranTech Engineering, LLC for the Green River Bridge on Meeker Street - Authorize MOTION: I move to authorize the Mayor to sign a supplement to the Consultant Services Agreement with TranTech Engineering, LLC, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: The Green River Meeker Street Bridge Deck Repair and Repainting project is a federally funded project that will replace the concrete deck and paint the steel structural truss members of this nearly 70-year old bridge. The bridge was last painted in the 1990s. Because this is a federally funded project, it is administered through WSDOT and uses WSDOT documentation. TranTech Engineering, LLC, provided engineering and design services for the project, as the related work is specialized. The proposed supplement (amendment) would add construction management, quality control, inspection and contract administration services to the existing contract, totaling an additional $287,123. This brings the total contracted amount to $626,917. TranTech Engineering, LLC, will provide construction management, quality control, inspection and contract administration. BUDGET IMPACT: This project will be paid for using a combination of two Federal Highway Administration grants and Streets Fund monies. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1. TranTech - GR Bridge Repainting and Deck Repair - Supplement 2 (PDF) Packet Pg. 155 4.F.a AM Washington State To Department of Transportation J Supplemental Agreement Organization and Address J a Number 2 TranTech Engineering,LLC 365 118th Avenue SE, Suite 100 d Original Agreement Number Bellevue,WA 98005-3557 LA 10339 & LA 10341 Phone: 425-894-8937 Project Number Execution Date Completion Date m 21-3024 12/31/2025 c L Project Title New Maximum Amount Payable Green River Bridge Repainting and Bridge Deck Repair $626,917 3 Description of Work The City would like to supplement their existing contract with TranTech to include Construction Management support for the construction phase of the project. a The Local Agency of Kent ° U desires to supplement the agreement entered in to with TranTech Engineering LLC 0 and executed on and identified as Agreement No. LA10339 & LA10341 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. r The changes to the agreement are described as follows: I E Section 1, SCOPE OF WORK, is hereby changed to read: a 3 Consultant shall provide Construction Management services for the Green River Bridge Repainting and Bridge Deck Repair. For a description,please see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. I I U a� Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: An additional 365 days to complete this project by December 31, 2025 a a� III � Section V, PAYMENT, shall be amended as follows: Q as Increase of$287,123.00 to complete the Construction Management phase of this project. a, L m as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. c By: By: Consultant Signature Approving Authority Signature c� r Q Date DOT Form 140-063 Revised 09/2005 Packet Pg. 156 4.F.a TRANTECH Engineering L L C J EXHIBIT A a SCOPE OF WORK S •L City of Kent a, Green River Bridge Repaint/Deck Repair w Construction Management Services m This scope of work provides construction management services for the Green River Bridge L Repaint/Deck Repair (PROJECT) for the City of Kent(CLIENT) by TranTech Engineering, LLC (CONSULTANT). All services shall be in accordance with Lag Manual and WSDOT 3 construction Manual, Standard Specifications, and Plans for Municipal Construction. m The PROJECT repairs and repaints the Green River Bridge to support its intended life expectancy and preserves the deck rebars from corrosion by placing polyester overlay on the `0 bridge deck. The duration of this contract will be from April 1, 2024 through March 1, 2025. Q c The budget is based on 60 construction working days. To the extent of the budget allotted for this N project, the CONSULTANT shall furnish services and labor necessary to complete the following o tasks: v M O TASK 8.1 Project Management N r This Task includes administration of the contract between the CONSULTANT and the CLIENT, preparation of progress reports for the PROJECT. It also includes all administrative services m needed to coordinate with the sub-CONSULTANT(s) and to monitor the PROJECT for scope, schedule, budget, and quality. The following are the categorized activities associated with this Task: c a a� 1. Progress Reports and Invoicing - progress reports will contain a narrative that Y identifies and describes significant activities performed in the previous period and o significant upcoming activities along with the monthly invoice. c 2. Coordination with the CLIENT's CM Construction Engineering Supervisor to assess and assist with staff augmentation when needed. c a 3. Construction Team Management- management of scope, schedule, budget, quality, and immediate notification of the CM Construction Engineering Supervisor if a� changes are warranted. :2 m` o_ 4. Management of Sub-consultant. c9 m c L Page 1 Green River Bridge Repaint/Deck Overlay c° Q Packet Pg. 157 4.F.a TRANTECH Engineering LLC J J Assumptions: a, c 1. CLIENT will manage all activities related to the construction contract advertisement m and execution. ° c w 2. CLIENT will provide a project manager to respond to the CONSUTANT questions and approval for any potential contract changes related to staffing or extension of contract time. r Deliverables: 3 c 1. Progress Reports E m 2. Monthly Invoicing a� a TASK 8.2 Pre-Construction Services c The CONSULTANT will provide pre-construction services prior to the Contractor mobilization. ° U Services for the following activities will be provided: o 0 1. Review project plans, specifications, and estimate (PS&E) and the Contract „ r Documents. m 2. Assist the City with responding to contractor submittals. m 3. Setting up of project files, per the city-provided Construction Management Project a ° File Structure. 4. Set up Engineer of Record review/approval process. L 5. Preparation of construction work plan. 6. Prepare agendas for the internal project kick-off meeting, attend the meeting. Y 7. Prepare and print agendas for the pre-construction meeting and attend the meeting. o Ensure required submittals are provided by the Contractor at the pre-construction meeting. c r c Assumptions: 1. CLIENT will provide the CONSULTANT three hard copies of the contract documents. 2. CLIENT will provide a location for the above-mentioned meetings if in person 00 meeting is required. a� c L Page 2 t U Green River Bridge Repaint/Deck Overlay c° Q Packet Pg. 158 4.F.a TRANTECH Engineering LLC J J Deliverables: c 1. List of potential issues and concerns based on the limited contract documents review c and site visit. c w 2. List of stakeholders and contact information. d 3. Preparation of construction work plan. ~ c M L 4. Record baseline site photo log. 5. Draft and final meeting agendas for the initial team meeting, preconstruction, FNR 3 and documentation control training. E as as L TASK 8.3 Resident Engineering a r c The CONSULTANT will provide one remote (`/z FTE) resident engineer (RE) to the CLIENT N for the duration of the contract. The RE will act as the owner's representative leading the CM c team for coordination with City staff, designers of record, and stakeholders. The RE's duties will 0 M be as follows: 0 1. Provide overall day-to-day construction management including coordination with City, Contractor, Engineer of Record(EOR) and other departments and stakeholders; review of agenda and meeting minutes for weekly construction and pre-activity meetings as Q. prepared by the Contractor; Review,track, analyze and comment on contractors' Baseline and ongoing update schedules. N L 2. Act as the Owner's Representative with other City departments, Contractors, designers, Q other public agencies, property owners, and utilities, including conducting meetings on behalf of the City as requested by the CLIENT. U 3. Make technical interpretations of the drawings, specifications, and contract documents. o 4. Respond to or facilitate responses to requests for information(RFIs), submittals and other contractor requests. Support document controls staff to provide accurate and timely W responses. _ 5. Evaluate design changes, design clarifications and other requested deviations from 0 approved design and/or coordinate evaluations and interpretations with the appropriate as authorities. -a 6. Evaluate changes, determine entitlement and/or potential schedule and budget m` implications, and independently assess cost estimate requests for additional compensation; negotiate with the Contractor for final terms,prepare changer orders and associated back-up materials, and obtain owner's review and concurrence prior to execution; maintain current Potential Change Order(PCO) Log and cost to complete. L d Page 3 s U Green River Bridge Repaint/Deck Overlay Q Packet Pg. 159 4.F.a - TRANTECH Engineering L L C J 7. Review Pay Requests, IDR's, Field Memos, and other correspondence generated by the J Contractor or other members of the CM team. 8. Coordinate final inspections and punch list activities. 9. Support the efforts of the public outreach consultant and/or the City's internal communication staff as necessary to inform the many heavily impacted stakeholders of LU construction impacts; the City's communications team will provide broad area communication through website updates, other social media outlets press releases, L monthly updates, and targeted stakeholder briefings and will require involvement by the CM team and contractor to assist in keeping the public and stakeholders in general 3 informed with the latest project information. 10. Prepare for and participate in and/or facilitate construction meetings with contractor and m City staff. a, 11. Act as main coordinator for all requests for information (RFIs) and submittals, ensuring Q r response timelines are met for both. Combine responses from Engineer(s) of Record and combine into one response, as necessary. Maintain RFI and submittal log to track status N c and responses. U M 0 Assumptions: N 1. CLIENT will provide a project manager to respond to the CONSUTANT questions and approval of any potential contract changes, material over-runs, and differing site m conditions. Q. 2. CLIENT will assume management of stakeholders and public relations. 3. CLIENT will execute and manage the FOR construction engineering support services L contract. 4. The appropriate Engineers of Record will review shop and falsework drawings. Deliverables: o 1. RFI responses limited to 10 RFIs; 2. Preparing agenda and leading the weekly meeting; r c 3. Preparation of preconstruction conference agendas for repainting and bridge deck Q as repair. a� 4. Monthly preparation of risk log tracking and construction cost to complete; m` 5. Lump sum breakdown review and acceptance; 6. Construction CPM schedule responses to the contractor; 7. Entitlement determination, negotiations, correspondence to contractor, change order c preparation and back up documentation limited to 5 Change orders under $25K each. c a� Page 14 Green River Bridge Repaint/Deck Overlay .2 Packet Pg. 160 4.F.a 6 ' T_RSA NrT E C_H J J 8. Resolution of end of construction issues including compensation for approved c outstanding contract changes, liquidated damages, and claims. m 9. Preparation of substantial and physical completion letters. a, c 10. Preparation of end of PROJECT final inspection and punch-list. LU 11. Preparation and presentation of PROJECT's lessons learned. c L TASK 8.4 Site Inspection r 3 The CONSULTANT will provide one inspector (1 FTE) to perform site observation during the construction including: m a� a 1. Assist with the Administration of Contractor progress payments including: o Measurement and calculation of quantities of work-in-place also tracked by the appropriate funding source. o o Preparation of field note records (FNR's) documenting work completed; oversee v and track force account(FA) work as required; oversee and manage the o documentation required for payment of materials on hand (MOH); 2. Provide oversight, inspection, monitoring, coordination, and documentation of N r Contractor's activities in the construction of the Project and ensure compliance with Project plans and specifications. 3. Coordinate material testing with Engineer, and third-party Materials Testing. 4. Prepare photo documentation of the work, titled by location and date. 5. Maintain a full-size set of red-line as-built plans as the construction progresses for the entire project, coordinate the inclusion of any Contractor provided as-builts/red-lines, and prepare intermediate submittals of as-builts/red-lines to the city for drafting. 6. Conduct field wage rate interviews. o 7. Participate in "kick off' meeting with City staff. 8. End of PROJECT final inspection and punch-list preparation. c r Assumptions: 1. The AGENCY will provide a workspace at the site or the City for preparation of paperwork. 2. Inspectors will be compensated for weather days if encountered to prepare IDRs and m` FNRs.. a Deliverables: c L 1. IDRs and FNRs. c a� Page 5 Green River Bridge Repaint/Deck Overlay .2 Packet Pg. 161 4.F.a TRANTECH Id lEngineering LLC J J 2. Monitoring and accounting for MOH. C5 c L 3. Daily site photos and management. c 4. Daily reports of the FA worked. w z 5. Contemporaneous preparation and maintenance of as constructed plans. c M L 8.5 Office Engineering and Documentation Control 3 c The CONSULTANT will provide two remote Office Engineers (OE) for a total of 0.75 FTEs to E the CLIENT for the duration of the contract. This Task includes activities associated with L preparation of construction documentation consistent with the WSDOT Construction Manual, a r LAG Manual, and federal requirements including: 1. Dissemination of agenda and meeting minutes for internal Construction Management c team meetings held without the Contractor; documentation of correspondence with v Contractor, internal CM team representatives and public and private stakeholders; c preparation of monthly progress reports;preparation of draft summaries of weekly work; and preparation of documentation for contractor monthly progress payment. r c 2. Participate in"kick off' meeting with City staff. E 3. Scan, print, and file electronic copies of project files per the City file structure preference. Q. Ensure project files are always up to date. N 4. Prepare and print agendas for weekly progress meetings internally and with the L Contractor, attend the meeting, and take meeting minutes. Distribute meeting minutes to Q as attendees. 5. Distribute and file design changes, field memos, and other correspondence generated by U the Contractor or other members of the CM team. 6. Review and route executed Change Orders to the Contractor and applicable City staff. 7. Ensure Inspector Daily Reports (IDRs),weekly statements of working days, and daily traffic control reports are completed regularly and in the file. _ 8. Administer monthly Contractor progress payments including: 0. o Measurement and calculation of quantities of work-in-place also tracked by the appropriate funding source. -a o Review and inspector created FNRs for accuracy and auditability. m` o Preparation of monthly Cost at Completion reports showing quantities and payment amounts for the current pay period as well as cumulatively for the z contract-to-date. o Implementation and continuing operation of a control system to ensure that L payments are accurate, and funding is not exceeded. ~ c as Page 6 Green River Bridge Repaint/Deck Overlay 19 Q Packet Pg. 162 4.F.a TRANTECH Engineering LLC J 9. Distribute construction notices, including but not limited to the Notice to Proceed, Notice J a of Substantial Completion, and Notice of Final Inspection. 10. Ensure a full-size set of red-line as-built plans are being maintained and regularly updated for the entire project. LU 11. Request for approval of materials (RAMs) management. 12. Maintenance of record of materials (ROM). 13. Contractor traffic control records management. L 14. Weekly statement of working days. ~ 15. Daily Contractor traffic control records management. 3 16. Materials testing and RAM approval coordination with designers and inspector. c m 17. Management and documentation of materials test results reported. m 18. Ensure DBE and COA commitments are met by the Contractor through DMCS a� monitoring. Q r 19. Ensure certified payrolls are on hand for each progress estimate. 20. Closeout documentation. ' 21. PMR PROJECT documents preparation, coordination with City lead documentation v engineer. M O O Assumptions: N 1. City will provide the project ROM. m 2. City will manage monthly progress estimate and payment to the contractor based on inspector's FNRs. 3. City will execute, and process change orders. L a a� iY Deliverables: �c U as 1. Complete contract paper-work tracking and documentation filing. c 2. Weekly meeting agenda preparation and meeting notes. c r c 3. Preparation of preconstruction meeting notes including pre-painting and pre-overlay Q placement.. fY m 4. Change orders review and backup compilation. 'L m 5. Contractor submittals/responses (RAMS, and falsework drawings) log management including transmittal letters. 6. Monthly FNRs tabulation for the progress estimates. c 7. DMCS Monitoring for Contractor's DBE compliance. c a� Page 7 Green River Bridge Repaint/Deck Overlay c° Q Packet Pg. 163 4.F.a ' TRiANrTECH J 8. Certified payroll management for progress estimates. c L 9. Final PROJECT electronic documentation and as constructed plans for archiving. c c w Task 8.6 Post-Construction Services c L 1. Evaluate claims if needed, including impact analysis. r 3 2. Prepare claims initiated by the City, including analysis and negotiations for a m resolution. E m m L 3. Perform Close-out activities and evaluation of project documentation for auditing Q r c purposes. c�v 4. Assist with preparing and processing the final payment to the Contractor. 0 0 U M 5. Compile project IDRs and as-builts for submission. c 6. Other close-out activities and evaluation of project documentation for auditing m purposes. E m Q. a Assumptions: 1. None L a a� Deliverables: U 1. Evaluation and analysis of any outstanding change orders and claims. o c 2. Preparation of claims initiated by the City. f° c r 3. Close-out activities. a 4. As-constructed plans to the Construction Supervisor. m a� L Materials Testing c� The CONSULTANT'S sub-contractor Terracon (Mayes) will conduct field sampling and testing for the PROJECT including reporting of test results. c L W Page 1 8 Green River Bridge Repaint/Deck Overlay Q Packet Pg. 164 4.F.a TRANTECH Engineering LLC J Assumptions: ai c 1. The CONSULTANT will provide materials sampling, testing, inspection, and approval c for the following PROJECT elements: a. HMA sampling, testing, and density verification; m c Deliverables: 1. Field sampling and testing of HMA; � r 2. Reporting of materials test results. 3 c m E m TASK 8.7 Construction Phase Engineering Support Services a, a The CONSULTANT shall provide Construction Engineering Support Services on an "on-call" basis at the CLIENT's request during the construction phase of the project. Construction N Engineering Support Services may include the following: 0 0 U M A. Pre-Construction Meetings: The CONSULTANT will attend one (1) pre-construction c meeting. This may include the general pre-construction meeting with the prime contractor and subcontractors. r c B. Construction Meetings & Site Visits: The CONSULTANT will attend construction meetings as requested. This task assumes up to four (4) site visits and ten (10) remote Q. discussion meetings for 2 staff members depending on the meeting agenda and contractor's schedule of work. C. Review Shop Drawings: The CONSULTANT will review and provide comments on Q shop drawings, as requested by the CLIENT. This task assumes that up to five (5) shop drawing submittals will be reviewed. Y U D. Review Selected Material Submittals: The CONSULTANT will review and recommend o action on selected Contractor materials submittals and material test reports, as requested by the CLIENT. Review of five (5) material submittals is assumed. c E. Requests for Information (RFIs): At the CLIENT's request, the CONSULTANT may provide assistance to the CLIENT in answering the Contractor's RFIs. This task assumes a up to ten (20) RFIs will be reviewed. m F. Load Rating: The CONSULTANT will perform an inventory load rating calculations for the structure after work is completed and prepare a load rating report in the Load m Resistance Factor Rating (LRFR) in accordance with the current WSDOT Bridge Design Manual and AASHTO Manual of Bridge Evaluation. Assumptions: 1. The CONSULTANT level of effort for Review of Shop Drawings, Material Submittals, and RFI's is limited to hours shown in the fee proposal. c a� E Page 9 Green River Bridge Repaint/Deck Overlay Q Packet P9. 165 4.F.a T_RANTECH Engineering LLC J Deliverables: ci 1. Shop drawing and material submittal reviews. 2. Responses to RFIs 3. Load rating report and calculations. c w OTHER GENERAL ASSUMPTIONS 1. Work performed under this scope is limited to the hours and fee listed in the Scope and Budget, Prime and Subconsultant Cost Computations. Any work requested that exceeds what is shown in the Scope and Budget will be considered EXTRA WORK and will be r added as a Supplement to this Agreement. 3 2. Shop drawings, construction and falsework drawings will be reviewed and approved by the EOR. a0i L a 0 U M 0 0 N r C d E d Q Q 7 Q N fY Y V N C C r C Q N fY d L Nm /LPL^ V V d L E Page 10 Green River Bridge Repaint/Deck Overlay .2 Packet Pg. 166 4.F.a U J J C1 C �L W V L 3 Exhibit D -Prime Consultant Cost Computations Summary T R A_N T E C H Project Name Green River Bridge Deck Overlay and Repainting 1 Engineering L L C y Client City of Kent a TRANTECH TEAM BUDGET BREAKDOWN = rn TranTech-Construction Management Services $ 225,680.29 TranTech-Construction Engineering Support $ 61,443 U TOTAL BUDGET $ 287,123 c 0 N r C d d Q Q 3 Q N Y V N C C r C Q N d �L Nm /LPL^ V V d L i= V Q Packet Pg. 167 4.F.a c� J J C •L d d W V d (lf L TtanTech_CM Supp 3 Exhibit D-Prime Consultant Cost Computation TranTech Engineering C City of Kent Green River Bridge Deck Overlay and Repainting 2.6626 d d L Construction Management I Lu (%! t+l G N y yy - W W C N u u S Total Direct Labor Total Cost Per O 'Q Hours Cos! Work Element C direct rate $ 101.50 $ 55.00 $ 55.00 5 47 00 $ 49.00 V �50PI El ith'�tl`t`it'-ConstruMd—&—iNafagement 8.1 Project Management _ 10 10 20 $ 1,506 8.2 Pre-Construction 10 20 14 10 54 $ 3,355 M 8.3 Resident Engineering _ _ 240 240 $ 24,360 p 8.4 Site Inspection - 540 540 $ 29,700 O 8.5 lOffice Engineering/Documentation Control 241 119 360 $ 18,850 8.6 Post-Construction 24 20 44 $ 3,536 N Total Staff Hours 284 sea 255 129 10 1258 Total Direct Labor Cost $28,826 $31,900 $14,036 $6,054 $490 $ 81,306 $ 216,484 d Reimbursable Ez enses Subtotal(Labor) $ 81,306 OverheadA 136.26% $ 110,787 G1 Units Cost per Unit Fee 30% $ 24,392 Q. Travel expenses(mileage) 2500 $0.67 $ •1,675.00 Materials sampling and testing $ 7,521.00 $ Reimbursable Expenses $ 9,196 (n $ r $ L Total Reirnbufsable Expenses $ Q Nd LPL 19 U ty 0 M Q (v Page 2 •ML W V V d M L (y E s M Q Packet Pg. 168 4.F.a c� J J i� C L Q) Q1 LLI V d M L TranTech-Eng Supp t 3 Exhibit D-Prime Consultant Cost Computation TranTech Engineering City of Kent Green River Bridge Deck Overlay and Repainting 2.6626 7] a) L. 17) Construction Engineering Support - Q q C a A b E n v 'u d U c rn d Total Total Cost Per p ILcm M n w rn F in w w Hours Cost Per WE Work Element () $260.93 $239.63 $149.11 $181.06 _ _ Task Is.?-Construction Phase Engineering Support $ 61,335.i35' W,335.65 M A 'Preconstruction Meetings 3 3 6 $ 1,501.71 CD CD B Construction Meeting&Site Visits 20 20 8 48 $ 11,204.22 C I Review Shop Drawings 2 20 22 $ 5,314.55 D Review Selected Material Submittals 10 6 16 $ 3.290.97 N E Requests for Information(RFls) 60 30 90 $ 19.809.74 F Load Rating 4 80 84 $ 20,214.46 0) 0 E Total Staff Hours 29 193 14 30 266 Q. Total Labor Cost $7,567.11 $46,249.36 $2,087.48 $5,431.70 $ 61,336.65 $ 61,335.66 Q- 7 $61,335.65 _ CO) Reimbursable Ex enses I Item Units Cost per Unit Total Cost Subtotal(Labor) $ 61,336 L Reimbursable Expenses $ 107 Travel expenses(mileage) 16CQ- $ N 19 $ V 0) f' C M t� C C 0. tv d Page 3 1� ML W V V d M L d E s M Q Packet Pg. 169 ACORN® 4.F.a AC� CERTIFICATE OF LIABILITY INSURANCE F;D7ATE7/2o/Zo23 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! V BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ J REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed r If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of N this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Sarah Fish AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 19689 7th Ave NE, Ste 183, PMB#369 A/C No Ext: 360-626-2961 A/c No):360-626-2961 W Poulsbo WA 98370 ADDRESS: sarah.fish@assuredpartners.com v INSURER(S)AFFORDING COVERAGE NAIC# H License#:6003745 INSURER A:Travelers Casualty and Surety Co of America 31194 INSURED 7547 INSURER B: RLI INSURANCE COMPANY 13056 TranTech Engineering LLC 365 118th Avenue SE Suite 100 INSURERC: r Bellevue WA 98005 INSURER D: 3 INSURER E: C N INSURER F: E COVERAGES CERTIFICATE NUMBER:695866365 REVISION NUMBER: Iv THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: Q CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDIYYYY MM/DDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY PSB0010759 7/15/2023 7/15/2024 EACH OCCURRENCE $2,000,000F_V� DAMAGE N C CLAIMS-MADE OCCUR PREM SESOEa occur ante $1,000,000 O U MED EXP(Any one person) $10,000 ' M PERSONAL&ADV INJURY $2,000,000 CD GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY jE LOC PRODUCTS-COMP/OP AGG $4,000,000 N OTHER: $ C B AUTOMOBILE LIABILITY PSA0003512 7/15/2023 7/15/2024 COMBINED SINGLE LIMIT $1,000,000 d Ea accident X ANY AUTO BODILY INJURY(Per person) $ d OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ Q r HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ L B X UMBRELLA LIAB X OCCUR PSE0005277 7/15/2023 7/15/2024 EACH OCCURRENCE $3,000,000 Q EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED X RETENTION$In nnn $ �C B WORKERS COMPENSATION PSB0010759 7/15/2023 7/15/2024 PER X OTH- V AND EMPLOYERS'LIABILITY Y/N STATUTE ER WA StopGapQ ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA C (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liab;Claims Made 105315328 7/15/2023 7/15/2024 $2,000,000 Per Claim $4,000,000 Agg r C 12 N DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is an additional insured per the attached. m Green River Meeker Street Bridge Deck Repair and Repainting project. City of Kent,The State and Agency,their officers,employees and agents are additional insureds per the attached.General Liability is Primary/Non-Contributo per the attached. Insurance coverage includes waiver of subrogation per the attached endorsement(s). m t v CERTIFICATE HOLDER CANCELLATION tv L SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI I— THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It }; City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Stephen Lincoln E 220 4th Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 170 4.F.a Policy Number: PSAIIIII12 RLI Insurance Co Named Insured TranTech Engineering U J THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. J c RLIPack° BUSINESS AUTO ENHANCEMENT W SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT m c A. Broad Form Named Insured L B. Employees As Insureds C. Blanket Additional Insured 3 D. Blanket Waiver Of Subrogation E. Employee Hired Autos °' E F. Fellow Employee Coverage m m G. Auto Loan Lease Gap Coverage a� H. Glass Repair—Waiver Of Deductible Q I. Personal Effects Coverage r J. Hired Auto Physical Damage Coverage N K. Hired Auto Physical Damage— Loss Of Use 0 L. Hired Car—Worldwide Coverage U M. Temporary Transportation Expenses c N. Amended Bodily Injury Definition —Mental Anguish Q O. Airbag Coverage N P. Amended Insured Contract Definition —Railroad Easement Q. Coverage Extensions—Audio, Visual And Data Electronic Equipment Not Designed Solely For The E Production Of Sound Q. R. Notice Of And Knowledge Of Occurrence 0 S. Unintentional Errors Or Omissions N T. Towing Coverage L a a� Q: aD 0 c a� c r c M a a� Q: m a� L ILL V V d L E V Q PPA 300WA 03 13 Packet Pg. 171 4.F.a This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM J J A. Broad Form Named Insured We waive any right of recovery we may have against The following is added to the SECTION II — any person or organization to the extent required of COVERED AUTOS LIABILITY COVERAGE, Para- You by a contract executed prior to any"accident" or graph A.1. Who Is An Insured Provision: "loss", provided that the "accident" or "loss" arises 0 out of the operations contemplated by such contract. w Any business entity newly acquired or formed by you The waiver applies only to the person or during the policy period, provided you own fifty organization designated in such contract. percent (50%) or more of the business entity and the E. Employee Hired Autos business entity is not separately insured for Business Auto Coverage. Coverage is extended up 1. The following is added to the SECTION II — r to a maximum of one hundred eighty (180) days COVERED AUTOS LIABILITY COVERAGE, 3 following the acquisition or formation of the business Paragraph A.1. Who Is An Insured Provision: entity. An "employee" of yours is an "insured" while E This provision does not apply to any person or operating an "auto" hired or rented under a m organization for which coverage is excluded by contract or agreement in that "employee's" Q endorsement. name, with your permission, while performing B. Employees As Insureds duties related to the conduct of your business. M 2. Changes In General Conditions: u The following is added to the SECTION II — c COVERED AUTOS LIABILITY COVERAGE, Para- Paragraph 5.b. of the Other Insurance v graph A.1. Who Is An Insured Provision: Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the o Any "employee" of yours is an "insured" while using following: Q a covered "auto" you don't own, hire or borrow in g: your business or your personal affairs. b. For Hired Auto Physical Damage Coverage, r C. Blanket Additional Insured the following are deemed to be covered "autos" you own: E The following is added to the SECTION II — (1) Any covered "auto" you lease, hire, rent a COVERED AUTOS LIABILITY COVERAGE, Para- or borrow; and ' graph A.1. Who Is An Insured Provision: L Any person or organization that you are required to (2) Any covered "auto" hired or rented byyour "employee" under a contract in that coo- include as an additional insured on this coverage individual "employee's" name, with your form in a contract or agreement that is executed by permission, while performing duties �c you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only related to the conduct of your business. (OD for damages to which this insurance applies and However, any "auto" that is leased, hired, rented or borrowed with a driver is only to the extent that person or organization qualifies as an "insured" under the Who Is An not a covered "auto". Insured provision contained in SECTION II — F. Fellow Employee Coverage COVERED AUTOS LIABILITY COVERAGE. SECTION II — COVERED AUTOS LIABILITY a The insurance provided to the additional insured will COVERAGE, Exclusion B.S. does not apply if you I= be on a primary and non-contributory basis to the have workers compensation insurance in-force a� additional insured's own business auto coverage if covering all of your employees. you are required to do so in a contract or agreement G. Auto Loan Lease Gap Coverage 00 that is executed by you before the "bodily injury" or "property damage" occurs. SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition D. Blanket Waiver Of Subrogation of the following: � The following is added to the SECTION IV — In the event of a total "loss" to a covered "auto" L BUSINESS AUTO CONDITIONS, A. Loss shown in the Schedule of Declarations, we will pay Conditions, 5. Transfer Of Rights Of Recovery any unpaid amount due on the lease or loan fora c Against Others To Us: covered "auto", less: E c� r Q PPA 300WA 03 13 pnn'n Packet P"17 4.F.a 1. The amount paid under the PHYSICAL (a) $60,000 DAdMAGE COVERAGE section of the policy; (b) The actual cash value of the damaged v or stolen property as of the time of the 2. Any: "loss"; or J a. Overdue lease/loan payments at the time of (c) The cost of repairing or replacing the the "loss"; damaged or stolen property with other property of like kind and quality. b. Financial penalties imposed under a lease a, for excessive use, abnormal wear and tear (2) An adjustment for depreciation and physical w or high mileage. condition will be made in the event of a total c. Security deposits not returned by the lessor; "loss". � c d. Costs for extended warranties, Credit Life (3) We may deduct for betterment for parts L normally subject to repair and replacement Insurance, Health, Accident or Disability during the useful life of the "auto". In this r Insurance purchased with the loan or lease; event, deductions shall be limited to the 3 and lesser of: e. Carry-over balances from previous loans or E (a) An amount equal to the proportion that m leases. the expired life of the part to be repaired H. Glass Repair—Waiver Of Deductible or replaced bears to the normal useful Q SECTION III — PHYSICAL DAMAGE COVERAGE, life of the part; or D. Deductible is amended by adding the following: (b) The amount which the resale value of N No deductible for a covered "auto" will apply to glass the "auto" is increased from the repair or o damage if the glass is repaired rather than replaced. replacement. v I. Personal Effects Coverage (4) A deductible equal to the highest Physical c Damage deductible applicable to any owned The following is added to SECTION III — PHYSICAL auto will apply. DAMAGE COVERAGE, A. Coverage, 4. Coverage (5) This Coverage Extension will not apply to: Extensions: c. Personal Effects Coverage (a) Any "auto" that is hired, rented or borrowed with a driver; or Q. In the event of a total theft loss of your covered (b) Any "auto" that is hired, rented or "auto we will pay up to $400 for"loss"to wearing apparel and other personal effects which are: borrowed from your"employee". K. Hired Auto Physical Damage—Loss Of Use a (1) Owned by an "insured"; and a, (2) In or on your covered "auto"; The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage No deductible applies to Personal Effects Extensions: o Coverage. e. We will pay sums which you legally must pay to J. Hired Auto Physical Damage Coverage the lessor of a covered "auto" which you have a� leased without a driver for thirty (30) days or less The following is added to SECTION III — PHYSICAL for the lessor's loss of use of the covered "auto", S DAMAGE COVERAGE, A. Coverage, 4. Coverage provided: Extensions: (1) This insurance provides comprehensive, d. Hired Auto Physical Damage Coverage specified causes of loss or collision covered If hired "autos" are covered "autos" for Liability on the covered "auto"; m Coverage and this policy also provides Physical (2) The loss of use results from the covered Damage Coverage for an owned "auto", then the "auto" being damaged in an "accident" while Physical Damage Coverage is extended to you are leasing it. "autos" that you hire, rent or borrow subject to the following: We will pay up to a maximum limit of $1,500 for c (1) The most we will pay for "loss" in any one this covered extension. "accident" to a hired, rented or borrowed L. Hired Car—Worldwide Coverage "auto" is the lesser of: The following is added to SECTION II — COVERED E AUTOS LIABILITY COVERAGE, A.2. Coverage Extensions: Q PPA 300WA 03 13 Packet Pg. 173 4.F.a f. Hired Car—Worldwide Coverage (b) Insurance limits required by law and (1) We will pay all sums an "insured" legally issued by a government entity or by an must pay as damages because of "bodily insurer licensed or permitted by law to c)do business in the jurisdiction where the �� injury" or "property damage" to which this "accident" occurs; or a, insurance applies, caused by an "accident" which occurs outside of the United States of (c) Auto liability insurance limits of at least America, the territories and possessions of $300,000 combined single limit or the United States of America, Puerto Rico $100,000 per person/$300,000 per acci- m and Canada resulting from the maintenance, dent Bodily Injury, $100,000 Property w or use of any covered "auto" of the private Damage. passenger type you lease, hire, rent or If you fail to comply with the above, this I borrow without a driver for thirty (30) days or less. insurance is not invalidated. However, in the L event of a "loss", we will pay only to the (2) With respect to any claim made or "suit" extent that we would have been liable had instituted outside the United States of you so complied. 3 America, the territories and possessions of the United States of America, Puerto Rico, (5) The insurance provided by this coverage E and Canada: extension is excess over any other 0) collectible insurance available to you `0 (a) You shall undertake the investigation, whether on a primary, excess contingent or Q settlement and defense of such claims any other basis. and "suits" and keep us advised of all M. Temporary Transportation Expenses proceedings and actions. u, (b) You will not make any settlement SECTION III — PHYSICAL DAMAGE COVERAGE, v without our consent. A.4. Coverage Extensions, subparagraph a. Transportation Expenses is deleted and replaced c (c) We will reimburse you: by the following: (i) For the amount of damages be- a. Transportation Expenses N cause of liability imposed upon you (1) We will pay up to a maximum of $1,500 for by law on account of "bodily" injury" temporary transportation expense incurred E or "property damage" to which this m insurance applies, and by you because of Physical Damage to a 0. a coverage "auto". (ii) For all reasonable expenses incur- (2) We will pay only for those covered "autos" red with our consent in connection L with the investigation, settlement or for which you carry Comprehensive, Q defense of such claims or "suits". Collision or Specified Case of Loss Coverage. Reimbursement for expenses will be �c part of the Limit of Insurance for (3) We will pay only for those expenses incurred o liability coverage shown in the Busi- by you during the period of time that begins ness Auto Coverage Declarations, twenty-four (24) hours after the covered a and not in addition to such limits. "loss" and ends at the time when the (3) The limit of Insurance for Liability Coverage covered "auto" can be reasonable repaired or replaced. shown in the Business Auto Coverage co Declarations is the most we will reimburse (4) This coverage does not apply while there you for the sum of all damages imposed on are spare or reserve "autos" available to you you, as set forth in paragraph 2.c. above, for your operations. and all expenses incurred by you arising out of any single "accident" or"loss". N. Amended Bodily Injury Definition — Mental m` Anguish (4) You must maintain the greater of the The following is added to SECTION V following primary auto liability insurance limits: DEFINITIONS, Definition C.: (a) Compulsory admitted insurance with "Bodily injury" also includes mental anguish, but only limits required to be in force to satisfy when the mental anguish arises from other bodily the legal requirements of the jurisdiction injury, sickness or disease. where the accident occurs; or E c� r Q PPA 300WA 03 13 Packet Pg. 174 4.F.a O. Airbag Coverage (1) How, when and where the "accident" or The following is added to SECTION III — PHYSICAL "loss" occurred; DAMAGE COVERAGE B. Exclusions 3.a.: (2) The "insured's" name and address; and � J However, this exclusion will not apply to accidental (3) To the extent possible, the names and ai discharge of an airbag due to mechanical or addresses of any injured person and L electrical breakdown. witnesses. m c P. Amended Insured Contract Definition — Railroad Your duty to give us or our authorized Easement representative prompt notice of the "accident" or w "loss" applies only when the "accident" or "loss" SECTION V — DEFINITIONS paragraph H. "Insured contact" is modified as follows: is known to: c 1. Paragraph H.3. is replaced by the following: (1) You, if you are an individual; 3. Any easement or license agreement. (2) A partner if you are a partnership; or r (3) An executive officer or insurance manager, if 2. Paragraph H.6.a. is deleted. 3 you are a corporation. S. Unintentional Errors Or Omissions Q. Coverage Extensions — Audio, Visual And Data SECTION IV— BUSINESS AUTO CONDITIONS, B. Electronic Equipment Not Designed Solely For Q The Production Of Sound General Conditions; 2. Concealment Misrepre- sentation Or Fraud is amended by adding the 2 SECTION III — PHYSICAL DAMAGE COVERAGE following: N B. Exclusions, exception paragraph a. to exclusion The unintentional omission of, or unintentional error o 4.c. and 4.d. is deleted and replaced with the in, any information given by you shall not prejudice v following: your rights under this insurance. However this pro- c a. Equipment and accessories used with such vision does not affect our right to collect additional c equipment, except for tapes, records, discs or premium or exercise our right of cancellation or other electronic media device, provided such nonrenewal. equipment is permanently installed in the covered "auto" at the time of the "loss" or is T. Towing Coverage E m removable from the housing unit which is SECTION III — PHYSICAL DAMAGE COVERAGE, Q. permanently installed in the covered "auto" at A.2. Towing, is deleted and replaced by the the time of the "loss", and such equipment is following: designed to be solely operated by use of the 2. We will pay up to $750 for towing and labor c power from the "autos" electrical system, in or costs incurred each time a covered "auto" is upon the covered "autos"; or disabled due to a covered cause of loss. R. Notice Of An Knowledge Of Occurrence However: SECTION IV — BUSINESS AUTO CONDITIONS, a. All labor must be performed at the place of A.2. Duties In The Event Of Accident, Claim Suit disablement; and = Or Loss, subparagraph a. is deleted and replaced with the following: b. If the covered auto is a private passenger c type no deductible applies; and a. In the event of "accident", claim, "suit" or "loss"'you must give us or our authorized c. If the covered auto is not of the private Q- � representative prompt notice of the "accident" or passenger type our obligation to pay will bereduced by a $250 deductible per "loss" including: disablement. L Nm /LPL^ V V d L E ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. r Q PPA 300WA 03 13 Packet Pg. 175 4.F.a Policy Number: PSBOO10759 RLI Insurance Company Named Insured: TranTech Engineering r i O THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. � J RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT _ W This endorsement modifies insurance provided under the following: d BUSINESSOWNERS COVERAGE FORM - SECTION II—LIABILITY L 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a t an additional insured any person or organization that primary basis, or a primary and non-contributory 3 you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which w policy, but only with respect to liability for "bodily covers such additional insured as a named insured, aEi injury", "property damage" or "personal and and we will not share with that other insurance, L advertising injury" caused in whole or in part by you provided that: Q or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have = entered into that contract or agreement; or y b. In connection with premises owned by or rented = to you; or b. The "personal and advertising injury" for which v c. In connection with "your work" and included coverage is sought arises out of an offense committed after you have entered into that o within the "product-completed operations c hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to this endorsement is limited as follows: Us — COMMON POLICY CONDITIONS (BUT E a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of .` b. This insurance does not apply to the rendering payments we make for "bodily injury", "property m of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that o limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or a, 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily }_— Insurance — COMMON POLICY CONDITIONS injury" or"property damage" occurs, or the "personal ._ (BUT APPLICABLE ONLY TO SECTION II — and advertising injury" offense is committed. Q. LIABILITY) m However, if you specifically agree in a contract or agreement that the insurance provided to an m C7 z a� _ ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. H r _ a� E t PPB 304 02 12 Page 1 of 1 Q Packet Pg. 176 4.G PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5600 DATE: May 21, 2024 TO: Kent City Council - Committee of the Whole SUBJECT: Inter-Governmental Agreement with Drainage District #1 for the Mill Creek Reestablishment Project - Authorize MOTION: I move to authorize the Mayor to sign an Agreement with King County Drainage District #1 for the 2024 Mill Creek Reestablishment project, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Sediment and non-native invasive plants have built up over time in portions of Lower Mill Creek, contributing to localized urban flooding, and impacting aquatic and riparian habitat. The Mill Creek Reestablishment Project (Project) will reduce urban flooding by removing accumulated sediment and invasive vegetation. Work includes sediment removal, removal of invasive plants, road stabilization along the creek and planting of native plants. King County Drainage District #1 (District) was established around 1905 to ensure the drainage needs of the Springbrook/Lower Mill/Lower Garrison Creek watershed were met. Through this agreement, the District will provide $500,000 in support of the 2024 Project, between East Smith Street and Central Avenue South. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. MILL CREEK REESTABLISHMENT INTER-GOVERNMENTAL AGREEMENT (DOC) Packet Pg. 177 4.G.a a� a� c L r Q� E L Q INTER-GOVERNMENTAL AGREEMENT BETWEEN THE CITY OF KENT E AND DRAINAGE DISTRICT #1 OF THE COUNTY OF KING 0, L OF THE STATE OF WASHINGTON MILL CREEK REESTABLISHMENT PROJECT From East Smith Street to Central Avenue South o z THIS AGREEMENT entered into this _ day of June, 2024, by and between the w w City of Kent, a municipal corporation, hereinafter referred to as "Kent", and Drainage Q J District #1 of the County of King of the State of Washington, a special purpose district, z w hereinafter referred to as "District". 2 z W w Whereas, this agreement is entered into pursuant to Ch. 39.34 RCW - The o c� Interlocal Cooperation Act which permits "local governmental units to make the most w z efficient use of their powers by enabling them to cooperate with other localities on the z w basis of mutual advantage and hereby provide services and facilities in a manner and = J pursuant to forms of governmental organizations that will accord best with geographic, m a economic, populations and other factors influencing the needs and development of local w communities," and w W Whereas, Kent is undertaking a project referred to as the Mill Creek U J_ E Reestablishment from East Smith Street to Central Avenue South in the City of Kent to a� E Kent/DD#1 Inter-Governmental Agreement w (Mill Creek Reestablishment Project) Q DRAFT2 11Page Packet Pg. 178 4.G.a improve creek and stormwater conveyance and flood storage capacity while also providing c benefit to the local ecology, and o r Whereas, District has a responsibility of the conveyance of stormwater through the r c City of Kent, partially through the City of Renton to the Black River Pump Station in the a L City of Renton which pump station conveys the water to the Green and then the Q w c Duwamish River, and E L Whereas, as part of the responsibilities of District is to monitor the water quality and o a� L to make such improvements to facilitate fish habitat, and v Whereas, Mill Creek is part of District's conveyance facility and the improvements o of Mill Creek will help further the District's mission of conveyance to reduce flood damage z w and preserve and enhance fish habitat, and w c� Whereas, Kent has the responsibility of being the lead agency for the Mill Creek Q J Q Reestablishment Project, and w 2 Whereas, to establish a project on Mill Creek will be of benefit to the District in the W w furtherance of the District's mission, and c� w Whereas, the Commissioners of the District by unanimous motion have agreed to z t— contribute District funds to Kent for the District's contribution on the completion of the Mill w Creek Reestablishment Project specifically for East Smith Street to Central Avenue South, Cn J m Kent, and w w Whereas, the Mill Creek Reestablishment Project will enhance the health, safety Y W LU and welfare of the citizens of Kent and the constituents of District. U J Now, therefore, based upon mutual covenants to be derived the parties agree as J r follows: E Kent/DD#1 Inter-Governmental Agreement w (Mill Creek Reestablishment Project) Q DRAFT2 21Page Packet Pg. 179 4.G.a 1. District Contribution: District shall instruct King County Finance to transfer c $500,000.00 from the District's cash balance account to a check payable to Kent; o such transfer to occur within sixty (60) days from the execution of this agreement by 3 c a� the last signator. a� L 2. Kent Responsibilities: Kent shall proceed with the project known as the Mill a c Creek Reestablishment Project from East Smith Street to Central Avenue South. E c L Kent shall complete the project in accordance with the plans and specifications and c 0) L all required permits and approvals from local, state and federal jurisdictions. c 3. Reimbursement for Non Completion: In the event the Mill Creek o Reestablishment Project fails to begin in 2024 or begins but is not completed by z w January 1, 2027 then, Kent shall return the funds specified in Paragraph 1 above, w to District in full. Q J a z w z w Dana Ralph City of Kent, Mayor w Dated: z z w Kimberley A. Komoto City of Kent, City Clerk a Dated: w w Approved as to Form: W Y W W U J J Arthur Fitzpatrick City of Kent, City Attorney Dated: Kent/DD#1 Inter-Governmental Agreement (Mill Creek Reestablishment Project) Q DRAFT 31Page Packet Pg. 180 4.G.a a� a� c L Morgan Llewellyn, Chairman 3 Drainage District #1 County of King, State of Washington Dated: a E L Michael J. Reynolds, Attorney for c Drainage District #1 0 a� County of King, State of Washington Dated: 0 0 H z W W LU O Q J Q z w M z W w O O w F_ z_ F_ z w J m Q t— N W W Y W W W U J J_ r C d E t V Kent/DD#1 Inter-Governmental Agreement .r (Mill Creek Reestablishment Project) Q DRAFT 41Page Packet Pg. 181