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25352
AGREEMENT INFORMATION AGREEMENT NUMBER 25352 NAME/TYPE OF AGREEMENT FIELDTURF, USA INC. DESCRIPTION SUPPLEMENTAL AGREEMENT TO SERVICES CONTRACT/REPLACEMENT OF ARTIFICIAL TURF AT THEODORE GIBSON PARK/FILE ID: 15-00272/R-15- 0137/MATTER I D : 24-3331 EFFECTIVE DATE December 24, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/24/2024 DATE RECEIVED FROM ISSUING DEPT. 12/24/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla NAME OF OTHER CONTRACTUAL PARTY/ENTITY: FieldTurf, USA, Inc. EXT. 1906 IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (BRIEF SUMMARY): Supplemental Agreement with Fieldturf, USA Inc. for Sourcewell Contract 031622-FTU for the provision of Sports surfacing solutions. Reso 15-0137 COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR/CHIEF PROCUREMENT OFFICER December 12, 2024 Annie Perez, CPPO 1 15:17:01 EST —oa�s 4.ed e.: SIGNATURE: -4 - ?---, RISK MANAGEMENT December 12, 2024 Ann -Marie Sharpe I 15 : 31: 56 EST ,—oocs s.ed by SIGNATURE: r ia,�,,,it,, CITY ATTORNEY matter 24-3331 December 17, 20qGhA? George K. Wysong III re::11ooET Purl, (Ptisawl III ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER December 17, Larry Spring, CPA 2024 I 14: 32 : 53 EST SIGNATURE: CaSP ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS December 19, 20 62arb ra Hera ez MPA 4 12 :2:�o EST SIGNATURE: 8.'. LEC�� Uh3, a�� ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE Asael Marrero SIGNATURE: DEPUTY CITY MANAGER December 19, 20RPtgSIlaiCgerpllilliams SIGNATURE• N ec`"a w . CITY MANAGER December 23, 20$011r14g69g EST SIGNATURE. Na artn CITY CLERK December 24, 20$0d¢I IdOrlOrjQ59 EST SIGNATURE: ` s PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Eduardo Falcon Contact Person Procurement Contracting Manager Title 12/12/2024 Date: Procurement Requesting Client (305) 416-1901 Telephone Legal Service Requested: Matter No. 24-3331: Sourcewell contract 031622-FTU - Supplemental Agreement with Fieldturf, USA Inc. for the provision of Sports surfacing solutions. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: Issue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 PROFESSIONAL SERVICES AGREEMENT OVERVIEW PSA TITLE: SUPPLEMENTAL AGREEMENT PURSUANT TO CONTRACT NO. 031622-FTU 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ 0 City Manager — Authority level of $ ❑ City Commission — RESOLUTION No. 2. PROCUREMENT METHOD: ❑ RFP/RFQ 0 IFB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): 3. WHAT IS THE SCOPE OF SERVICES? Artificial Turf and Tracks with installation 4. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Parks 5. IS THE AWARDEE INCUMBENT? Yes 6. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 7. WHEN DOES THE CURRENT CONTRACT EXPIRE? N/A 8. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 9. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Per Sourcewell CITY OF MIAMI SUPPLEMENTAL AGREEMENT TO SERVICES CONTRACT BETWEEN SOURCEWELL AND FIELDTURF CORPORATION This Supplemental Agreement ("Agreement") is entered into as of this 24th day of December , 202 4 by and between the City of Miami, a municipal corporation in the State of Florida ("City"), and Fieldturf, USA Inc., a Florida profit corporation authorized to conduct business within the State of Florida ("Vendor"). Recitals WHEREAS, Vendor was awarded Contract No. 031622-FTU for the provision of Sports surfacing solutions ("Services") between Vendor and Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 ("Sourcewell") dated May 31, 2022 as a result of a competitive process through Solicitation RFP #031622, attached and incorporated herein as Exhibit "A" ("Services Contract"); and WHEREAS, the City desires to purchase services from Vendor in connection with the replacement of artificial turf at a City -owned park located at 401 NW 12st , Miami FL. 33128, also known as Theodore Gibson Park; and WHEREAS, the City and Vendor desire to enter into this Agreement, utilizing the underlying Services Contract in compliance with Section 18-113 of the Code of the City of Miami, Florida, as amended ("City Code"), subject to the terms and conditions as hereinafter set forth; and NOW, THEREFORE, for and in consideration of the terms, conditions, and mutual covenants contained herein and other good and valuable consideration received by each party, the sufficiency of which are hereby acknowledged, the City and Vendor hereby agree as follows: 1. The Recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The following exhibits are attached hereto and are hereby incorporated into and made a part of this Agreement: a. Exhibit A — Services Contract b. Exhibit B — Proposal from Fieldturf Dated September 24, 2024 Updated c. Exhibit C — Authorizing Resolution d. Exhibit D — Corporate Resolution or Other Proof of Authority e. Exhibit E — Certificate of Insurance f. Exhibit F — Project Timeline g. Exhibit G — Anti -Human Trafficking Affidavit h. Exhibit H — Living Wage Ordinance In the event of a conflict between the provisions of this Agreement or any of its exhibits, the conflict shall be resolved in favor this Agreement then the priority order indicated above. 2. The City and Vendor agree to be governed by the terms and conditions as set forth in the Service Contract, subject to the following modifications: 2.1 VENDOR RESPONSIBILITIES: Vendor has agreed to furnish the Services as further described in Exhibit B and in the Services Contract, as indicated in Article 2, "Equipment, Products, or Services" as attached, except as follows: Page 1 of 13 A. All references to "Sourcewell" shall be deleted and replaced with the "City" as applicable throughout the Services Contract. B. All references to "Supplier" shall be attributed to the same meaning as the reference to "Vendor" herein. C. Vendor shall provide the Services to the City for Artificial Turf and Tracks with installation, Related Equipment, Materials and Supplies. Vendor's, responsibilities will commence on the effective date of this Agreement. 2.2 SUPPLEMENTAL CLAUSES: 2.2.1 Contract Article 14, "Governing Law, Jurisdiction, and Venue" is hereby deleted in its entirety and replaced with the following language: This Agreement with the City shall be governed by and construed under the laws of the State of Florida regardless of choice or conflict of law principles. Venue in any proceedings between Vendor and the City shall be in a court of competent jurisdiction located in Miami -Dade County, Florida. For any disputes, legal, or administrative proceedings that arise in connection with this Agreement, each party shall bear their own respective attorneys' fees. 2.2.2 Contract Article 18 (A-C), titled "Insurance," is hereby deleted in its entirety and replaced with the following language: Vendor shall provide and maintain in force at all times during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance to assure the protection contained in the foregoing indemnification undertaken by Vendor. Workers' Compensation subject to Statutory limits for the State of Florida with Employers Liability. Employer's Liability - Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee. $1,000,000 for bodily injury caused by disease, policy limit. Commercial General Liability Insurance with limits of no less than $1,000,000.00 per occurrence, $2,000,000.00 for policy aggregate, affording coverage for bodily injury, including death, and property damage. The certificate of insurance shall insure exposures arising out of premises and operations, products and completed operations, personal injury and advertising liability, and include coverage for contingent and contractual exposures. This insurance shall be written on a primary and non-contributory wording and shall list the City of Miami as an additional insured. Business Auto Liability protecting against bodily injury and property damage arising out of operation, maintenance, or use of any auto, including owned, non -owned and hired automobiles exposures, with limits of not less than $1,000,000.00 per accident. The City shall appear listed as an additional insured on this coverage. A Certificate of Insurance acceptable to the City shall be provided listing the above coverages and providing thirty (30) days prior written notice to the City in the case of cancellation. The City shall be named as an additional insured on all liabilities, except professional liability and workers' compensation coverage. A copy of the certificate shall be mailed to the City's Risk Management Department at the time Vendor executes this Agreement. Page 2 2.2.3 Contract Article 22, titled "Cancellation," is hereby deleted in its entirety and replaced with the following language: Cancellation for Convenience: The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to Vendor at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Vendor compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Vendor for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. Vendor shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. 2.2.3 Contract Article 11, titled "Indemnification," is hereby deleted in its entirety and replaced with the following language: Indemnification: Vendor shall further indemnify, defend (at its own cost), save and hold the City, its officers, agents, directors, and employees, agencies and instrumentalities ("Indemnitees") harmless against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the Services, even if it is alleged that the Indemnitees were negligent. In the event that any action or proceeding is brought against the Indemnitees by reason of any such claim or demand, Vendor shall, upon written notice from the City, resist and defend (at its own cost) such action or proceeding by counsel satisfactory to the City. Vendor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Vendor shall in no way limit the responsibility to indemnify, defend, save and hold the Indemnitees harmless as herein provided. The indemnification provided above shall obligate Vendor to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the Indemnitees, whether performed by Vendor, or persons employed or utilized by Vendor. These duties will survive the cancellation or expiration of the Agreement. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Vendor shall require all sub -contractor agreements to include a provision that each sub -contractor will indemnify the Indemnitees in substantially the same language as this Section. In reviewing, approving or rejecting any submissions by Vendor or other acts of Vendor, the Indemnitees, in no way, assumes or shares any responsibility or liability of Vendor or sub -contractors under this Agreement. Ten dollars ($10.00) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by Vendor. 2.3 ADDITIONAL TERMS: The following terms and conditions are hereby added to the Agreement: Page 3 23. Subcontracting: This Agreement does not create an employee/employer relationship between the parties. It is the express intent of the parties that Vendor is an independent Contractor under this Agreement and not the City's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, any benefits under the City Pension Ordinances, and the State unemployment insurance law. Vendor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Vendor's activities and responsibilities hereunder. Vendor agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it makes its own investment in its business, and that it will utilize a high level of skill necessary to perform the Services. This Agreement shall not be construed as creating any joint employment relationship, joint venture partnership or other affiliated entity status between Vendor and the City and the City shall not be liable for any obligation incurred by Vendor, including, but not limited to, unpaid minimum wages and/or overtime premiums. In this regard, the City shall not be responsible for any debts, defaults, acts or omissions of Vendor or its officials, agents, servants and employees. 24. Public Records: Vendor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Vendor's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. Vendor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform the Services; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the Agreement, if Vendor does not transfer the records to the City; (4) upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Vendor or keep and maintain public records required by the City to perform the Services. If the Vendor transfers all public records to the City upon completion of the Agreement, Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the Agreement, Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, Vendor shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. Page 4 Should Vendor determine to dispute any public access provision required by Florida Statutes, then Vendor shall do so at its own expense and at no cost to the City. IF VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDSAMIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 S.W. 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. VENDOR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT THAT IS ADMINISTERING THIS AGREEMENT. 25. Non -Discrimination, Equal Employment Opportunity, and Americans with Disabilities Act: Vendor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Vendor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any services funded by the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Vendor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Vendor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under this Agreement. Furthermore, Vendor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of Services and employment of personnel, Vendor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 26. Notices: TO THE CITY: Arthur Noriega V City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 George K. Wysong III City Attorney City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 Annie Perez, CPPO Procurement Director Page 5 City of Miami 444 S.W. 2nd Avenue, 6th Floor Miami, Florida 33130 Chris Evans Director of Parks and Recreation City of Miami 444 S.W. 2nd Avenue, 6th Floor Miami, Florida 33130 TO THE VENDOR: Chris Wedge Regional Sales Manager Fieldturf USA, Inc. 175 N. Industrial Blvd Calhoun, GA 30701 27. Laws and Ordinances: Vendor shall be responsible to follow and observe all applicable laws, rules, regulations, and ordinances of the City, County, State, Federal governments, or other public agencies having jurisdiction over the subject matter of this Agreement relating to the activities, undertakings, and operations being conducted pursuant to this same Agreement. 28. Mediation: These parties may, at their discretion, agree in writing to resolve any dispute between them arising under this Agreement by submitting such dispute to non —binding mediation by a certified mediator in Miami -Dade County, Florida. The parties shall split the cost of the mediator. The decision of the mediator shall not be binding. 29. Contingency Clause: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws, City programs or policies, or regulations, upon thirty (30) days written notice. 30. City Not Liable for Delays: Vendor hereby understands and agrees that in no event shall the City be liable for, or responsible to Vendor or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. Page 6 31. Use of Name: Vendor understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Vendor is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. Vendor agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 32. No Conflict of Interest: Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Vendor hereby certifies to the City that no individual member of Vendor, no employee, and no subcontractors under this Agreement or any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Vendor hereby represents and warrants to the City that throughout the term of this Agreement, Vendor, its employees, and its subcontractors will abide by this prohibition of the City Code. 33. No Third -Party Beneficiary: No persons other than Vendor and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 34. Survival: All obligations (including, but not limited to, indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 35. Truth -in -Negotiation Certification, Representation and Warranty: Vendor hereby certifies, represents, and warrants to the City that on the date of Vendor's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Vendor under this Agreement are and will continue to be accurate, complete, and current. 36. Counterparts; Electronic Signatures: This Agreement may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Page 7 37. E-Verify Employment Verification Vendor shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Vendor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Vendor knowingly employs unauthorized aliens, such violation shall be cause for termination of the Agreement. Furthermore, Vendor agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e-verifv.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Agreement. The Vendor shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 38. Project Manaqer The City designates the Director of Parks and Recreation ("Director") or their designee as the Project Manager ("Project Manager"). The Project Manager shall have the authority to oversee the performance of the work and to issue directives and field orders that pertain to minor changes in the scope of the work, provided such changes do not alter the overall contract price or completion date ("Field Orders"). The Project Manager is also authorized to review and approve all project -related submissions, including, but not limited to, schedules, progress reports, and payment requests. 39. Timeline of Project The Vendor agrees to adhere to the project timeline as set forth in Exhibit F. If the Vendor anticipates it will not meet any deadlines specified in Exhibit F, they must notify the Project Manager in writing as soon as possible, providing reasons for the delay and a proposed revised schedule. If the City determines that the delay is not justified, the City may impose penalties as outlined in the contract. Any changes to the timeline must be approved in writing by the Project Manager through a formal change order process as provided herein. 40. Liquidated Damaqes In the event the Vendor fails to meet the project deadlines specified in Exhibit F, the City may assess liquidated damages in the amount of $350.00 per day for each calendar day beyond the specified completion date. The liquidated damages shall be deducted from any payments due to the Vendor under this Agreement. If the liquidated damages exceed the remaining payments due, the City may demand payment from the Vendor and such payment shall be made within thirty (30) days from the date of such demand. The Vendor agrees that the liquidated damages are a reasonable estimate of the damages the City will incur due to such delays and are not a penalty. 41. Change Orders Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of this Agreement. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Agreement as it applies to the items in question and make Page 8 such arrangements as may be deemed necessary to complete the disputed Work; or submit the matter in dispute to the Director for administrative resolution, upon which the parties shall meet within thirty (30) days to discuss in good faith an administrative resolution to the dispute. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Vendor shall promptly proceed with the change in the Work involved and advise the City and Director in writing within seven (7) calendar days of Vendor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. On approval of any Contract change increasing the Contract Price, Vendor shall ensure that the performance bond and payment bond (if applicable) are increased so that each reflects the total Contract Price as increased. The City reserves the right to order changes which may result in additions to or reductions of the amount, type, or value of the Work shown in the Agreement and which are within the general scope of the Work. Any such changes will be known as "Extra Work." No Extra Work shall be performed except pursuant to written orders of the City expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the City may direct, order, or require the Vendor to perform any Work including that which the Vendor deems to be Extra Work. The Vendor shall nevertheless comply and shall promptly and in no event after, begin the performance thereof or incur cost attributable thereto and give written notice to the City stating why the Vendor deems such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Project Manager to cancel such order, direction, or requirements promptly; (2) affording an opportunity to the City to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity to the City to take such action as it may deem advisable in light of such disputed Work. 42. Change Order Procedures Extra Work shall result in an equitable adjustment (increase or decrease) to the Agreement representing the reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable adjustment in the Contract schedule, for performance of both the Extra Work and any other Work affected by the Extra Work. The City shall initiate the Extra Work procedure by a notice to the Vendor outlining the proposed Extra Work. Upon receipt of the revised purchase order and notice to proceed with the Extra Work, the Contractor is required to start the Extra Work immediately. The Vendor is required to obtain permission for an extension to start the Extra Work if it is beyond the Vendor's ability to start within the allotted timeframe. The Vendor is required to provide the Project Manager with a detailed Change Proposal Request, which shall include requested revisions to the Agreement, including but not limited to adjustments in this Contract Price and Contract Time. The Vendor is required to provide sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the City may require that the Vendor submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and Work classification, and overhead rates in support of Vendor's Change Proposal Request. The Vendor's Change Proposal Request must include any schedule revisions and an explanation of the cost and schedule impact of the Extra Work on the Project. If the Vendor fails to notify the City of the schedule changes associated with the Extra Work, it will be deemed an acknowledgment by Vendor that the proposed Extra Work will not have any scheduling consequences. The Vendor agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten percent (10%) of the direct labor and material costs, unless the City determines that the complexity and risk of the Page 9 Extra Work is such that an additional factor is appropriate. The Change Proposal Request may be accepted or modified by negotiations between the Vendor and the City. If an agreement on the Extra Work is reached, both parties shall execute the Extra Work order in writing via a Change Order. The execution by the Vendor of the Change Order shall serve as a release of the City from all claims and liability to the Vendor relating to, or in connection with, the Extra Work, including any impact, and any prior acts, neglect or default of the City relating to the Extra Work. Upon execution of a change order that affects the Contract Time, the Vendor shall, within five (5) business days, submit a revised Project schedule reflecting the changes against the baseline schedule. 43. Payment & Performance Bond Pursuant to Section 255.05, Florida Statutes, within ten (10) working days following issuance of Purchase Order by the City, the Vendor shall furnish to the City of Miami, Payment and Performance Bonds ("Bonds") in the total amount of the Agreement. The Bonds can be in the form of a Cashier's or Certified Check, a bond written by a surety company that is licensed to do business in the State of Florida; or an Irrevocable Letter of Credit, all made payable to the City of Miami. If the latter is chosen, it must be written on a bank located in Miami -Dade County, be in the amount of the Project and should clearly and expressly state that it cannot be revoked until express written approval has been given by the City of Miami. The City, to draw on same, would merely have to give written notice to the bank with a copy to the Vendor. a) The Bonds shall be maintained through the duration of the Project. b) If the surety on any bond furnished by the Vendor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Florida or it ceases to meet the requirements imposed by the City, the Vendor shall within five (5) calendar days substitute another bond and surety, both of which shall be acceptable to the City. c) If the Vendor cannot obtain another bond and surety within (5) calendar days, the City will accept and the Vendor shall provide an irrevocable letter of credit drawn on a Miami - Dade County, Florida bank until the bond and surety can be obtained. 44. Payment Terms Payment shall be made in arrears based upon work performed to the satisfaction of the City within thirty (30) days after receipt of Contractor's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. - 218.79, Florida Statutes, and other applicable laws. No advance or future payments shall be made at any time. 45. Antitrust Violator Vendors List Pursuant to Section 287.137, Florida Statutes, a person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. Page 10 46. Anti -Human Traffickinq Vendor confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Vendor shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit "G." If the Vendor fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to the Vendor for any additional compensation or for any consequential or incidental damages. 3. Except as specifically modified herein, all other terms and conditions of the Services Contract shall remain in full force and effect. Page 11 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: BY: Name: anira Khan Title: Paralegal Date: 12/6/2024 ATTEST: BY: Date: DocuSigned by: r D46D�569D6F'F4�9... Todd B. Hannon Signed by: City Clerk December 24, 2024 1 09:05:59 EST APPROVED AS TO LEGAL FORM AND CORRECTNESS: BY: Date: DS DocuSigned by: ,ar �. UOhsa l l l r AiL —•8g7z�C-gFL8:218 ... George K. Wysong III 24-3331 City Attorney December 17, 2024 1 14:20:11 EST "Vendor" Fieldturf USA, Inc, a Florida profit corporation authorized to conduct business in Florida BY: Name: Darren Gill Title: Executive Vice President Date: 12/6/2024 BY: BY: Date: "City" CITY OF MIAMI, a Florida municipal corporation DocuSigned by: rguAr Noviuia. 2D.D12A Arthur Noriega V City Manager December 23, 2024 Date: 14:02:43 EST APPROVED AS TO INSURANCE REQUIREMENTS: DocuSigned by: giAGAjt, 534gB4g4 48 ... Anne Marie Sharpe, Director Risk Management December 12, 2024 1 15:31:56 EST Page 12 COMPANY RESOLUTION (This Resolution needs to authorize the signatory to sign.) WHEREAS, Fieldturf USA, Inc, a Florida profit corporation authorized to conduct business in Florida ("Company"), desires to enter into an Agreement with the City of Miami ("City") for the purpose of performing the Services described in the Agreement to which this resolution is attached; and WHEREAS, the Board of Directors/Board of Managers at a duly held Company meeting has considered the matter in accordance with the bylaws of the Company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD of DIRECTORS/BOARD OF MANAGERS that this Company is authorized to enter into the Agreement with the City, and the Executive Vice President and the Corporate Secretary are hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this 6 day of December , 2024 Fieldturf USA, Inc. A Florida profit corporation authorized to conduct business in Florida By: Print Name: Darren Gill TITLE: Executive Vice President Attested/Notarized: By: Print Name: Marie -France Nantel TITLE: Corporate Secretary Page 13 DIVISION OF CORPORATIONS DImi(Ji: Jl. .014/ r .org '1cJ PJ;)�1'�r1Jl 1 an official Strut of Florida svek.ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation FIELDTURF USA, INC. Filing Information Document Number P96000091255 FEI/EIN Number 58-2330410 Date Filed 11/06/1996 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 09/26/2007 Event Effective Date NONE Principal Address 175 N. INDUSTRIAL BLVD CALHOUN, GA 30701 Changed: 03/10/2010 Mailing Address 7445 COTE-DE-LIESSE SUITE 200 MONTREAL, QUEBEC, QUEBEC H4T1G2 CA Changed: 03/10/2014 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 10/07/2009 Address Changed: 10/07/2009 Officer/Director Detail Name & Address Title President, Director DALIERE, ERIC 7445 COTE-DE-LIESSE SUITE 200 MONTREAL, QUEBEC H4T1G2 CA Title Secretary, Director NANTEL, MARIE-FRANCE 7445 COTE-DE-LIESSE SUITE 200 MONTREAL, QUEBEC H4T1G2 CA Title Treasurer, Director Hopper, Jennifer 7445 COTE-DE-LIESSE SUITE 200 MONTREAL, QUEBEC H4T1G2 CA Title Assistant Secretary Gill, Darren 7445 COTE-DE-LIESSE SUITE 200 MONTREAL, QUEBEC H4T1G2 CA Annual Reports Report Year Filed Date 2022 01/31/2022 2023 01/22/2023 2024 04/16/2024 Document Imam 04/16/2024 --ANNUAL REPORT 01/22/2023 --ANNUAL REPORT 01/31/2022 --ANNUAL REPORT 03/16/2021 --ANNUAL REPORT 01/16/2020 --ANNUAL REPORT 02/25/2019 --ANNUAL REPORT 01/15/2018 --ANNUAL REPORT 01/09/2017 --ANNUAL REPORT 03/08/2016 --ANNUAL REPORT 01/12/2015 --ANNUAL REPORT 03/10/2014 --ANNUAL REPORT 01/29/2013 --ANNUAL REPORT 01/06/2012 --ANNUAL REPORT 01/11/2011 --ANNUAL REPORT 03/10/2010 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 10/07/2009 -- Reg. Agent Change 06/17/2009 --ANNUAL REPORT 11/17/2008 --ANNUAL REPORT 01/18/2008 --ANNUAL REPORT 09/26/2007 -- REINSTATEMENT 08/28/2006 --ANNUAL REPORT 03/09/2006 -- Amendment 02/25/2005 --ANNUAL REPORT 09/24/2004 -- Name Change 02/28/2004 --ANNUAL REPORT 02/04/2003 --ANNUAL REPORT 08/26/2002 --ANNUAL REPORT 03/06/2001 --ANNUAL REPORT 09/13/2000 --ANNUAL REPORT 06/03/1999 -- REINSTATEMENT 05/09/1997 --ANNUAL REPORT 11/06/1996 -- DOCUMENTS PRIOR TO 1997 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Exhibit A 031622-FTU Sourcewell Solicitation Number: RFP #031622 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and FieldTurf USA, Inc., 175 N. Industrial Blvd., N.E., Calhoun, GA 30701 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, I<-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires May 26, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev. 3/2021 1 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. lithe damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be Rev. 3/2021 2 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; Rev. 3/2021 3 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government - owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell Rev. 3/2021 4 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Rev. 3/2021 5 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased Rev. 3/2021 6 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. Rev. 3/2021 7 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, Rev. 3/2021 8 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev. 3/2021 9 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. lithe remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 3/2021 10 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev. 3/2021 11 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is Rev. 3/2021 12 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev. 3/2021 13 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis -Bacon Act provisions. Rev. 3/2021 14 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names Rev. 3/2021 15 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Rev. 3/2021 16 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre -approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. Rev. 3/2021 17 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 031622-FTU T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell FieldTurf USA, Inc. y Saul/art/5 fri6 Vatit vt By: COFD2A139D06489... By: t 68E64DD8AF38430... Jeremy Schwartz Eric Daliere Title: Chief Procurement Officer Title: President-Tarkett North America & Tarkett Sports 5/23/2022 1 2:21 PM CDT 5/26/2022 1 2:03 PM CDT Date: Date: DocuSigned�/�by: ,-DocuSigned by: r Approved: ,-DocuSigned by: a" tiCalAdft- - By: •• 7E42B8F817A64CC... Chad Coauette Title: Executive Director/CEO Date: 5/26/2022 1 2:38 PM CDT Rev. 3/2021 18 DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C RFP 031622 - Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies Vendor Details Company Name: FieldTurf USA, Inc. 175 N Industrial Blvd NE Address: Calhoun, GA 30701 Contact: Sarah Morehead Email: Sarah.Morehead@smartbuycooperative.com Phone: 503-267-0165 Fax: 706-625-6534 HST#: Submission Details Created On: Monday January 31, 2022 10:20:34 Submitted On: Friday March 11, 2022 13:28:09 Submitted By: Sarah Morehead Email: Sarah.Morehead@smartbuycooperative.com Transaction #: 602df452-105e-4a24-801f-2c244a211fcf Submitter's IP Address: 136.226.57.88 Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation). Line Item Question Response 1 Proposer Legal Name (one legal entity only): (In the event of award, will execute the resulting contract as "Supplier") FieldTurf USA, Inc. 2 Identify all subsidiary entities of the Proposer whose equipment, products, or services are included in the Proposal. FieldTurf USA, Inc. Beynon Sports Surfaces Tarkett Sports 3 Identify all applicable assumed names or DBA names of the Proposer or Proposer's subsidiaries in Line 1 or Line 2 above. FieldTurf Tarkett Sports Beynon Renner 4 Provide your CAGE code or DUNS number: DUNS: 131862364 CAGE code: 4BYK4 5 Proposer Physical Address: 175 N Industrial Blvd N.E. Calhoun Georgia 30701 United States 6 Proposer website address (or addresses): www.fieldturf.com https://www.tarkettsportsindoor.com/ www.smartbuycooperative.com www.beynonsports.com 7 Proposer's Authorized Representative (name, title, address, email address & phone) (The representative must have authority to sign the "Proposer's Assurance of Compliance" on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): Eric DALIERE President — Tarkett North America & Tarkett Sports Eric.Daliere@tarkett.com T: +1 440 903 4536 M: +1 917-783-3360 30000 Aurora Rd, Solon, OH 44139 8 Proposer's primary contact for this proposal (name, title, address, email address & phone): Sarah Morehead Director of Operations- SmartBuy 19600 SW 129th Avenue Tualatin OR 97062 United States Tel: +1 503 563 6390 Other: +1 888-209-0065 Mobile: +1 503-267-0165 Fax: +1 503-692-8659 Email: Sarah.Morehead@smartbuycooperative.com 9 Proposer's other contacts for this proposal, if any (name, title, address, email address & phone): Eric Fisher Director of Sales- SmartBuy 19600 SW 129th Avenue Suite A Tualatin OR 97062 United States Tel: +1 503 563 6395 Other: +1 888-209-0065 Mobile: +1 503-708-6548 Fax: +1 503-692-8659 Email: Eric.Fisher@smartbuycooperative.com www.smartbuycooperative.com Table 2: Company Information and Financial Strength Line Question Item Response Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 10 11 Provide a brief history of your company, including your company's core values, business philosophy, and industry longevity related to the requested equipment, products or services. What are your company's expectations in the event of an award? Date of incorporation: Nov 6, 1996 (FieldTurf International, Inc.) Date of name change to FieldTurf USA, Inc.: Oct, 1 2004 FieldTurf USA, Inc/Beynon Sports Surfaces/and Tarkett Indoor Flooring are all part of the Tarkett Sports Company. Headquartered in Montreal, Quebec, Canada - FieldTurf USA, Inc. comes from humble beginnings. Its debut in the sport surfacing industry was in 1988 with the introduction of a synthetic grass system for tennis courts and a synthetic grass surface used to minimize wear and tear around golf practice tees. The company then began developing synthetic turf surfaces for other sports installations including soccer, lacrosse, football and baseball. FieldTurf focused on perfecting a sports field system with a sand and rubber infill, which provided superior athlete safety, high performance and extreme durability. The infilled artificial turf industry was born when, in 1994, FieldTurf USA, Inc. installed its first full size indoor soccer field. When it comes to artificial turf sports fields, FieldTurf is the most trusted brand in the industry. Whether it is football, soccer, baseball or any other sport, FieldTurf fields provide athletes with the safety and performance they need to perform at their best, while giving field owners the durability they want to maximize the value of their investment. Fieldturf is the world leader in artificial turf with over 20,000 installations worldwide. Tarkett Sports: Tarkett Sports is a world leader in athletic surfacing and is a division of Tarkett Group, which was established in 1886. Tarkett Sports covers all types of sports surfaces. It boasts a dominant position on its market, a full product line and key expertise at every level of sports. Tarkett Sports is a sports subsidiary of the Tarkett Group. Both FieldTurf and Beynon are part of the Tarkett Sports Division. The Tarkett Sports approach to indoor sports flooring is to be a knowledge resource for all sports facility stakeholders and provide the right flooring solutions for the needs and values of our customers. To accomplish this, we offer a wide range of gym flooring options, suitale for many different activities and level of competition. In addition, we strive to offer expertise and knowledge that will help make each project a success. Tarkett Sports also provides comprehensive environmental data for each of its gym flooring options, allowing each customer the opportunity to make informed decisions according to their values. TARKETT: From its humble, entrepreneurial beginnings in 1880, to becoming today's #1 global manufacturer of resilient floorcoverings, Tarkett has never wavered in its commitment of providing innovative, sustainable solutions for the built environment. Tarkett is a global leader in innovative and sustainable solutions for flooring and sports surfaces. With a wide range of products including vinyl, linoleum, carpet, rubber, wood & laminate, synthetic turf and athletics track, the Group serves customers in more than 100 countries worldwide. With 11,000 employees and 30 production sites, Tarkett sells 1.3 million square meters of flooring every day, for hospitals, schools, housing, hotels, offices, stores and sports fields. Committed to sustainable development, the Group has implemented an eco-innovation strategy and promotes circular economy. Tarkett net sales of 2,739 billion euros in 2019 are balanced between Europe, North America and new economies. Tarkett is listed on Euronext Paris (compartment A, ticker TKTT, ISIN: FR0004188670). Please go to the link below for additional financial results and documents or see the 2019 Results. http://tarkett.com/en/content/financial-results FieldTurf has been operating continuously for over 15 years. Our history as the inventor of infilled artificial turf is well documented, but what's important is that we've spent the necessary investment in innovation to stay ahead of the competition. FieldTurf is owned by Tarkett Group. To speak to our financial strength, our bonding capacity is over $75 million and insurance coverage limit $20 million. We are more than capable of handling a project of this magnitude. During our time in business over 30 companies have entered and left the industry. This highlights the risk in dealing with some industry partners. In fact, there are over 500 fields installed currently in America that do not have any warranty protection. The solution? FieldTurf provides all of our clients with the best insured warranty in the business. Years in Business: Tarkett 140 years Years in Business: FieldTurf: 30 Years Years in Business: Tarkett Sports: 10 years FieldTurf expects to utilize the Sourcewell contract extensively. FieldTurf has held the turf and track Sourcwell contract for over 12 years with over $240M worth of contract sales through NJPA/Sourcewell in over 36 states. FieldTurf and Tarkett Sports plan to continue to drive sales through Sourcewell over the next 4 years with our indoor sports surfacing products. We have continued to expand our cooperative purchasing product and service line to maximize Sourcewell sales opportunities. Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 12 Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. FieldTurf, Tarkett Sports, and Beynon Sports are part of the Tarkett Group. Tarkett is a global leader in innovative and sustainable solutions for flooring and sports surfaces. With a wide range of products including vinyl, linoleum, carpet, rubber, wood & laminate, synthetic turf and athletics track, the Group serves customers in more than 100 countries worldwide. With 11,000 employees and 30 production sites, Tarkett sells 1.3 million square meters of flooring every day, for hospitals, schools, housing, hotels, offices, stores and sports fields. Committed to sustainable development, the Group has implemented an eco-innovation strategy and promotes circular economy. Tarkett net sales of 2,739 billion euros in 2019 are balanced between Europe, North America and new economies. Tarkett is listed on Euronext Paris (compartment A, ticker TKTT, ISIN: FR0004188670). Please go to the link below for additional financial results and documents or see the 2021 Results. https://www.tarkett-g roup.com/app/uploads/2021 /12/08141226/consolidated-financial- statements June-2021.pdf FieldTurf has been operating continuously for over 30 years. Our history as the inventor of infilled artificial turf is well documented, but what's important is that we've spent the necessary investment in innovation to stay ahead of the competition. See Attached Letter of Credit from Bonding Company and 2021, 2020, 2019 Financial Statements 13 What is your US market share for the solutions that you are proposing? TURF: 50% TRACK/Court: 80% 14 What is your Canadian market share for the solutions that you are proposing? TURF: 50% TRACK/Court: 20% (estimated) 15 Has your business ever petitioned for bankruptcy protection? If so, explain in detail. No. 16 How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? Fieldturf manufactures each product it offers. FieldTurf controls all aspects of the manufacturing value chain. From start to finish, we're in control of your field. FIBER PRODUCTION- Our fibers are produced at Tarkett's very own facility in Germany. The quality control process at the facility includes stringent testing of the yarn properties (tensile strength, uniformity, color, verification). TUFTING AND COATING- Once the fiber is produced, it is ready for tufting and coating which takes place at our 500,000 sq. foot facility in Calhoun, GA. The Calhoun facility employs over 40 employees, with hundreds of years of experience combined in the artificial turf industry. EXPERT INSTALLATION- FieldTurf has some of the most experienced and knowledgeable installation crews in the industry. The success of your field is heavily dependent on the quality of your installation crew. FieldTurf ensures that our customers receive a turf system that is designed, engineered, and manufactured for their needs. FieldTurf performs the following directly: • Manufacture, supply and installation of turf • Design and engineering • Design assist • On -site supervision • Maintenance • Recycling of infill • Removal/disposal services • Infilling • Sewing • Stitching • Gluing • Painting • Drafting • Logo Design, manufacture and installation In addition to these items, FieldTurf is one of the most vertically integrated companies in the industry with sales, manufacturing, project management, marketing and installation/ construction resources capable of supporting more than 500 fields per year. Whether the customer is interested in a football field, soccer field, baseball, softball, lacrosse, multipurpose fields, or landscaping options, FieldTurf can provide the right infill, fiber, underlayment, base construction, and design to custom fit the owner's specific needs FieldTurf is vertically integrated for complete control FieldTurf controls all aspects of the manufacturing value chain. From start to finish, we are in control of your field. FieldTurf has steered a high -growth industry in the Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C proper direction with first-class manufacturing facilities, and a carefully engineered product. FieldTurf has brought "single source responsibility" and quality to the forefront with its manufacturing plant. FieldTurf is the first company in the synthetic industry to own and operate its own manufacturing plant. FieldTurf is the only artificial turf manufacturing operation in North America and Canada to have received three specific ISO certifications. ISO 9001, ISO 14001 and ISO 45001-2018 certified for leadership in quality, environment and safety management systems. Our Calhoun, GA facility represents one of the only artificial turf manufacturing operations in North America to have receive these ISO certifications. FIBER PRODUCTION: FieldTurf fibers are produced at Tarkett's very own facility in Germany. The quality control process at the facility includes stringent testing of the yarn properties (tensile strength, uniformity, color verification) TUFTING AND COATING: Once the fiber is produced, it is ready for tufting and coating which takes place at our 500,000 square foot facility in Calhoun, Georgia. The Calhoun facility employs over 40 employees, with hundreds of years of experience combined in the artificial turf industry. Facility is over 11 years old. • Annual production capacity that exceeds the worldwide yearly demand for artificial turf • Rigorous quality control and inspection • In-house fiber manufacturing • In-house coating line • In-house tufting operation From tufting, to coating, to full QC inspections, right on to shipping and installation, the equipment and space available in the Calhoun plant work together to further ensure that FieldTurf is the market leader in quality product. The plant features 10 tufting machines with an annual production capacity of 630,000,000square feet of turf — enough to supply over 7800 football fields per year. The new coating line that is at the heart of the Calhoun plant allows FieldTurf to set a new standard for turf quality and durability. It is an innovative coating process that has been developed by the industry leader in order to continue to focus on quality control and customer satisfaction. To ensure FieldTurfs standards are unmatched, a rigorous quality control process (based on extensive testing and inspections) is undertaken with every field that is put into production. First, yarn testing is performed, which includes tensile strength, elongation, tenacity, denier, shrinkage, and twist (turns per inch). The primary backing is inspected and the "pick count" or yarn density in relation to the backing - is verified to ensure the right amount of face yarn per square inch. Each tufting operator verifies the pile weight and pile height of the yarn to make sure that quality requirements are met every step of the way. If the pile weight is off by even the slightest amount, then it does not meet FieldTurfs stringent standards and the turf is reproduced to exact measurements. Testing continues throughout the entire tufting process until all rolls for a field are complete. Once the rolls are complete, the fiber rows on the backing of each roll are carefully coated with polyurethane to complete Fieldturfs patented finger -unit backing design for enhanced fiber strength and optimal drainage efficiency. FieldTurf has full-time experienced coating inspectors at their facility in Calhoun, GA to ensure that the coasting is applied properly. Once small error and the roll is pulled from the line and reproduced. Once the coating process is complete, every component of the finished carpet undergoes final inspection before it is packaged and loaded onto the trucks for transportation to the job site. Each roll of carpet is numbered and positioned in the exact order that it will be loaded onto the transporters. Once on site, the rolls are unloaded and laid on the field in the specific order that was planned and designed by the head office engineering department. For every 5 rolls that are produced at the plant, a 2 ft by 15ft sample of turf is retained by the FieldTurf Research & Development department in Calhoun. These samples are carefully filed under the name of the corresponding field. This way the project can be verified through completion and beyond while the turf samples are analyzed on a regular basis. The state-of-the-art plan located in Calhoun is a big reason why FieldTurf is the number one choice of professional teams, high schools, colleges, and facility managers around the world. FieldTurfs ability to ensure the quality of its raw materials and its manufacturing from start to finish is the reason why it enjoys the best record for on -time delivery of its projects. BEYNON Manufacturing: Beynon controls all aspects of the manufacturing chain, which allows us to create the right product, regardless of the facility. Because our founder's name stands behind each track that we make, we take special care throughout the entire installation process. We do this by only using certified Beynon track installers, specialized equipment, and skilled craftsmen, which ensures impeccable results. Every Beynon track is manufactured in our ISO 9001 certified headquarters in Hunt Valley, Maryland, USA. Beynon chemists create the world's most refined running track surfaces. Quality Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C and attention to detail are the utmost importance. To Beynon Sports, that means overseeing every surface from raw material selection, to manufacturing the system for the specific needs of the coaches and student -athletes, all the way through installation. It also means having our track and field systems tested and certified according to IAAF and DIN standards to ensure that your athletes receive a superior product. We guarantee the finest raw materials, tireless research and development, and outstanding workmanship go into each system. FieldTurf and Beynon have an extensive sales force that covers the entire United States and Canada. Sales team are mostly employees of FieldTurf USA, Beynon Sports Surfaces, or Renner Sports Surfaces. There are some dealers/distributors who are approved to sell/distribute FieldTurf and Beynon products. See sales team representation below. See Sales Team Territory Spreadsheet Attachment 17 If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. FieldTurf and Beynon Sports hold a wide variety of licenses to operate in all states and Provinces. These construction and contracting licenses prove that FieldTurf/Beynon/Tarkett are qualified to handle the project in compliance with local building requirements. FieldTurf USA, Inc. holds the following licenses for the Tarkett Sports Group: Alabama: 51948- General Contractor Alabama: 5-40652-Sub Contractor Alaska: CONE33631- General Contractor Arizona: 314411- Dual KA Arkansas- 172490416-DIR license California (Public Works License- DIR): 1000004625-DIR License California: 849044-C61/D12 A C27 Delaware: 2008203565- 331-Constrctor Resident Florida: CGC1507328-General Contractor Georgia: GCCO005138- General Contractor Company Idaho (PWC): PWC-C-16674-AAA-4 [20790,02740, 02310] Idaho (Bureau of Occupational Licenses- non-public bids): RCE-38454 Illinois —Department of Human Rights: IDHR #120963-00 Indiana: 20220489- General Contractor Iowa: C106260- Registered Contractor Louisiana: CL.0045097 — artificial turf, specialty, recreation & sports facilities and golf courses. Minnesota: IR714564- Contractor Registration Mississippi: 16435-SC [Asphalt, Excavating, Grading & Drainage] Montana: 156033- Construction Contractor Nebraska: 44678-21-Contractor Registration Nevada: 68611- C10 Limited to turf only New Jersey: 631021- Public Works Contractor & School Development Authority Prequal. New Mexico: 363013-GF05 North Carolina: 66648-General Contracting North Dakota: 49661- Class A Contractor Oregon: 181583: GC -Commercial and Residential Rhode Island: 40614-Class C Commercial South Carolina: G116980 — BD5 GD5 H15 BT5 MS5 RR 5 WL5 Tennessee: 57455- S-Athletic & S-Running Utah: 7330453-5501 — E100, S310, S500 Virginia-2705106035- Class A Highway & Rec Facility Washington: CC01 FieldU1955JH- Construction Contractor West Virginia: WV043760 — General Building Wyoming (Depends on City/County): 3564- General 3074-Excavation & Grading 3075- Misc Beynon Sports Surfaces holds the following licenses for the Tarkett Sports Group: Alabama #37115- Recreation and running tracks Alaska #CONE37908-General Contractor w/o Registered Contractor Endorsement Arizona #23979-Class CR-5 Restricted by Registrar Arkansas #0168160521 — Floors and Sport & Rec Surfaces California #883198- Class C-15 Flooring and Floor Covering Colorado (SC-9, 11) Division 2 — Site work Connecticut- Certificate of Authority- no specific other license number required Delaware (Non -Resident) #2002108228 — Contractor Non -Resident Florida: CGC1525782-Certificate of Competency -Painting Int & Ext. Idaho: RCE-16165 Idaho: PWC-C-16549 Unlimited 4 —Public Works Contractor's license Illinois: Registration No# 22483 Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 18 Provide all "Suspension or Debarment" information that has applied to your organization during the past ten years. Indiana- Certificate of Authority- no specific other license number required Iowa: C101063 Kansas: Certificate of Authority- no specific other license number required Kentucky: Certificate of Authority- no specific other license number required Louisiana (Specialty Contractors Lic) #39893- Gym Flooring & Running Tracks Maine: Certificate of Authority- no specific other license number required Maryland: #3414768- Construction Firm Massachusetts (Certificate of Eligibility) #1537 — Floor Covering Michigan: Certificate of Authority- no specific other license number required Minnesota: Certificate of Authority- no specific other license number required Mississippi: #14821-SC Missouri: Certificate of Authority- no specific other license number required Montana: #155905 Nebraska: #27310-19 Nevada: #0068035- A-22 Running Tracks and Gym Floors New Jersey (Public Works Contractor Reg) #624443 New Jersey (DPMC Classification Certif) C060 Athletic Field/Tracks/Courts New Hampshire: Certificate of Authority- no specific other license number required New Mexico: #373521 Classification #373531 New York: Certificate of Authority- no specific other license number required North Carolina: Certificate of Authority- no specific other license number required North Dakota (Class A Contractors License) #37161 Ohio: Certification of Payment) #20003579 Oklahoma: Certificate of Authority- no specific other license number required Oregon #164916 Specialty Contractor Pennsylvania: Certificate of Authority- no specific other license number required Rhode Island: Certificate of Authority- no specific other license number required South Carolina: Certificate of Authority- no specific other license number required South Dakota: Certificate of Authority- no specific other license number required Tennessee (Contractor's License) #00049508 Texas: Certificate of Authority- no specific other license number required Utah: Contractor with LRF #7605416-5501 Vermont: Certificate of Authority- no specific other license number required Virginia: Contractor's License #2705 069637A Classification RFC Virginia: Fairfax County #2105260 Washington: Contractor's License #602 735 618 West Virginia: #WV037122- Specialty Contractor Wisconsin: Certificate of Authority- no specific other license number required Wyoming: Certificate of Authority- no specific other license number required Canada Tarkett Licenses: British Columbia Alberta Vancouver City of Calgary Licenses List Attached None. Table 3: Industry Recognition & Marketplace Success Line Item 19 Question Response Describe any relevant industry awards or recognition that your company has received in the past five years 2021 American Sports Builders Association Walsh University — Larry Staudt Field North Canton, OH Builder: Vasco Sports Contractors Participated in Project: SportsField Specialties, Inc., FieldTurf USA, Inc. University of Maryland - Jones -Hill House - Performance and Innovation Center College Park, MD Builder: SCG Fields, LLC Participated in Project: Sportsfield Specialties, Inc., Hunter Industries, SportsEdge, Fieldturf USA, Inc. Abessinio Stadium at Salesianum School Wilmington, DE Designer: Activitas Inc. Participated in Project: Clark Companies, American Athletic Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Track and Turf, The LandTek Group, Inc., Sportsfield Specialties, Inc., Brock USA, Musco Sports Lighting, Beynon Sports Surfaces, Inc., FieldTurf Lowman -Walton Sports Complex (Sidney High School) Sidney, MT Builder: Fisher Tracks, Inc. Participated in Project: Renner Sports Surfaces, KWS Engineering, STOCKMEIER Urethanes USA, Inc., Liberty Tire Recycling, LLC, Ultimate RB, Inc. 2020 FieldTurf Genius won the 2020 Sports Turf Managers Association (STMA) Innovative Award FieldTurf Genius was a finalist in the 2019 Yahoo Sports Technology Awards 2020 American Sports Builder Awards: Danielle Kemp Memorial Field at Foran High School Milford, CT Builder: Milone & MacBroom, Inc. Participated in Project: Sportsfield Specialties, Inc.; Fieldturf USA Centenary University - Our Diamond of Dreams Baseball Complex Hackettstown, NJ Design: Suburban Consulting Engineers, Inc. Participated in Project: FieldTurf USA; Sportsfield Specialties, Inc.; The LandTek Group, Inc. Orange Bowl Field at Glades Pioneer Park Belle Glade, FL Builder: CSR Athletic Construction Participated in Project: Fieldturf USA; Sportsfield Specialties, Inc. Holy Trinity Competitive Sports Field Melbourne, FL Builder: Nidy Sports Construction Participated in Project: FieldTurf USA; Sportsfield Specialties, Inc. New Jersey Institute of Technology (NJIT) — Wellness & Event Center Field Newark, NJ Design: Suburban Consulting Engineers, Inc. Participated in Project: Sportsfield Specialties, Inc.; Chenango Contracting; Fieldturf USA; Musco Sports Lighting Haverhill High School Haverhill, MA Design: Stantec's Sport Group Participated in Project: Sportsfield Specialties, Inc.; Firefly Sports Testing; Fieldturf USA; Brock USA; Quirk Construction Corporation Wyoming Public Schools Stadium Wyoming, MI Design: GMB Architecture + Engineering Participated in Project: Sprinturf, LLC; Byenon Sports Surfaces; Sportsfield Specialties, Inc.; Gill Athletics Upper Darby High School Memorial Field Drexel Hill, PA Builder: Miller Sports Construction Participated in Project: Fieldturf USA; Mondo USA; The Landtek Group, Inc.; Sportsfield Specialties, Inc. Flamingo West Park Cooper City, FL Design: Stante's Sports Group Participated in Project: Sportsfield Specialties, Inc.; Fieldturf Tarkett; Nidy Sports Construction Co., Inc.; Musco Sports Lighting New Milford High School Athletic Facilities New Milford, NJ Design: Suburban Consulting Engineers, Inc. Participated in Project: Fieldturf Tarkett; Beynon Sports Surfaces, Inc.; Sportsfield Specialties, Inc.; Hunter Industries; The LandTek Group, Inc. Kingsway Regional High School Track and Field Woolwich Township, NJ Builder: American Athletic Courts, Inc. Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Participated in Project: Beynon Sports Surfaces, Inc.; Sportsfield Specialties, Inc.; SportsEdge, FieldTurf USA West Point High School Stadium Avondale, AZ Builder: Elite Sports Builders Participated in Project: FieldTurf Tarkett; Stockmeier Urthanes USA, Inc.; Sportsfield Specialties, Inc.; SportsEdge 2019 American Sports Builder Awards: Carver Middle High School Carver, MA Design: Activitas, Inc. Participated in Project: Cape & Island Tennis & Track; Sportsfield Specialties, Inc.; Brock USA; Musco Sports Lighting; Act Global; Beynon Sports Surfaces, Inc.; Green Acres Landscape & Construction Co., Inc Concord High School Concord, CA Design: Verde Design, Inc. Participated in Project: FieldTurf; Beynon Sports Surfaces, Inc.; Brock USA; Sportsfield Specialties, Inc. Tokay High School Lodi, CA Design: Verde Design, Inc. Participated in Project: Brock USA; Sportsfield Specialties, Inc.; Musco Sports Lighting; FieldTurf; Beynon Sports Surfaces Althoff Catholic High School Belleville, IL Construction: Byrne & Jones Sports Construction Participated in Project: Sportsfield Speicalties, Inc.; FieldTurf; Musco Sports Lighting Bryant University - Beirne Stadium Smithfield, RI Design: Milone & MacBroom, Inc. Participated in Project: R.A.D. Sports, Inc.; Fieldturf; Musco Sports Lighting; Sportsfield Specialties, Inc.; Advanced Drainage Systems, Inc. Blocksidge Field Swampscott, MA Design: Huntress Associates, Inc. Participated in Project: Quirk Construction Corporation; FieldTurf; Sportsfield Specialties, Inc.; Brock USA; Musco Sports Lighting Chaminade College Preparatory Baseball Stadium St. Louis, MO Construction: Byrne & Jones Sports Construction Participated in Project: Sportsfield Specialties, Inc.; SportsEdge; FieldTurf Manasquan High School Manasquan, NJ Design: Suburban Consulting Engineers, Inc. Participated in Project: The LandTek Group, Inc.; Sports Labs USA; FieldTurf; Sportsfield Specialties, Inc.; GT Grandstands, Inc.; Advanced Polymer Technology, Inc. Point Pleasant High School Borough of Point Pleasant, NJ Design: Suburban Consulting Engineers, Inc. Participated in Project: The LandTek Group, Inc.; Ameritcan Athletic Courts, Inc.; FieldTurf; Beynon Sports Surfaces, Inc.; Sportsfield Specialties, Inc.; Advanced Drainage Systems, Inc. UNC Kenan Stadium Chapel Hill, NC Construction: Carolina Green Corp. Participated in Project: Advanced Drainage Systems, Inc.; FieldTurf; Liberty Tire Recycling, Inc. Hopkinton High School/Middle School Athletic Complex Hopkinton, MA Design: Gale Associates, Inc. Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Participated in Project: Green Acres Landscaping and Construction, Inc.; Sportsfield Specialties, Inc.; Musco Sports Lighting; FieldTurf; GT Grandstands, Inc.; USGreentech; Brock USA Mills Pond Park - Soccer & Lacrosse Complex Ft. Lauderdale, FL Construction: CSR Athletic Construction Participated in Project: FieldTurf; Sportsfield Speicalties, Inc.; Musco Sports Lighting Northeastern University - Carter Playground Athletic Fields Boston, MA Design: Stantec's Sport Group Participated in Project: FieldTurf; Chenango Contracting; Sportsfield Specialties, Inc.; Brock USA 2018 American Sports Builder Awards: Hayward High School Hayward, CA Design: Verde Design, Inc. Participated in Project: Robert A Bothman, Inc.; Beynon Sports Surfaces, Inc.; Field Turf; Brock USA; Sportsfield Specialties, Inc. Saguaro High School Stadium Scottsdale, AZ Construction: Elite Sports Builders Participated in Project: Line Design, Inc.; FieldTurf; SportsEdge, Gill Athletics; Stockmeier Urethanes, USA, Inc. Weston High School - Proctor Track and Field Weston, MA Design: Activitas, Inc. Participated in Project: R.A.D. Sports; Cape & Island Tennis and Track; Sportsfield Specialties, Inc.; Brock USA; Shaw Sports Turf; Beynon Sports Surfaces, Inc. Benicia High School Benicia, CA Design: Verde Design, Inc. Participated in Project: Robert A. Bothman, Inc.; Sportsfield Specialties, Inc.; Fieldturf Tarkett; Beynon Sports Surfaces, Inc. Warrior Stadium - Merrimack College North Andover, MA Design: Huntress Associates, Inc. Participated in Project: Quirk Construction Corporation; ATT Sports; Sportsfield Specialties, Inc.; Field Turf Daytona Beach Municipal Stadium Daytona Beach, FL Construction: Nidy Sports Construction Participated in Project: FieldTurf; Advanced Drainage Systems, Inc. Indian Creek School Crownsville, MD Design: Gale Associates, Inc. Participated in Project: FieldTurf; Brock USA; USGreentech; Sportsfield Specialties, Inc. Paul Goode Field San Francisco, CA Design: Verde Design, Inc. Participated in Project: Robert A. Bothman, Inc.; FieldTurf; Beynon Sports Surfaces; Brock USA; Sportsfield Specialties, Inc. 2017 American Sports Builder Awards: Franklin & Marshall College ASFC Schnader Field House Lancaster, PA Design: Sasaki Associates, Inc. Participated in Project: Beynon Sports Surfaces, Inc.; Sportsfield Specialties, Inc.; Douglas Sports MIT Running Track at Steinbrenner Stadium Cambridge, MA Construction: Cape and Island Tennis & Track Participated in Project: Sportsfield Specialties, Inc.; Beynon Sports Surfaces, Inc.; Gezolan AG Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 20 21 22 What percentage of your sales are to the governmental sector in the past three years What percentage of your sales are to the education sector in the past three years List any state, provincial, or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? Dartmouth College Hanover, NH Design: Activitas, Inc. Participated in Project: Clark Companies, Inc.; Brock USA; Copeland Coating Company, Inc.; Chenango Contracting; FieldTurf; R.A.D. Sports, Inc.; Sportsfield Specialties, Inc.; Beynon Sports Surfaces, Inc Cornell University - Schoellkopf Field Ithaca, NY Design: Stantec Sport Group Participated in Project: Clark Companies, Inc.; Chenango Contracting; Fieldturf; Sportsfield Specialties, Inc.; Brock USA Boston College High School Athletic Facility Boston, MA Design: Activitas, Inc. Participated in Project: R.A.D. Sports; Cape and Island Tennis & Track; Sportsfield Specialties, Inc.; Beynon Sports Surfaces, Inc. Sunset High School Athletic Fields Beaverton, OR Design: Cameron McCarthy Landscape Architecture & Planning Participated in Project: FieldTurf USA, Inc.; Brock USA; Advanced Drainage Systems, Inc. 10% of turf and track sales to government sector. 80% of turf and track sales are to the education sector. FieldTurf Sales through Coop Contracts over past 3 years: Sourcewell: 2021: $34M 2020: $35M 2019: $56M CMAS 2021: $21M 2020: $34M 2019: $20M GSA: 2021: $223K 2020: $408K 2019: $338K AEPA 2021: $67M 2020: $51M 2019: $48M KPN 2021: $46M 2020: $53M 2019: $65M OMNIA: 2021: $6M 2020: $5M 2019: $11M TIPS: 2021: $147K 2020: $85K 2019: $740K COSTARS: 2021: $5M 2020: $4M 2019: $423K NCPA: 2021: $11M 2020: $7M Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 23 List any GSA contracts or Standing Offers and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials 2019: $3M E&I: 2021: $3M 2020: $12M 2019: $8M BuyBoard: 2021: $7M 2020: $8M 2019: $5M Choice Partners: 2021: $7M 2020: $11M 2019: $- ESCNJ (New Jersey): 2021: $9M 2020: $6M 2019: $8 Greenbush (KS): 2021: $557K 2020: $33K 2019: $- Kinetic GPO: 2021: $44K 2020: $- 2019: $- Utah MAS: 2021: $3M 2020: $1M 2019: $- 1 G PA: 2021: $637K 2020: $519K 2019: $- Equalis: 2021: $581K 2020: $- 2019: $- FieldTurf GSA Contract #GS-07F-9631S 2019 Sales: $338,728.70 2020 Sales: $408,655.09 2021 Sales: $223,907.03 Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name Contact Name Phone Number ISD 196 Carol Hauschild 651-227-7773 Annoka-Hennepin School District No. 11 Jacob Morgan 763-506-1300 City of Conway Department of Parks and Recreation Steve Ibbotson 501-450-6100 University of Florida Aaron Hobson 352-273-2425 Table 5: Top Five Government or Education Customers Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Entity Name Entity Type State 1 Province Scope of Work Size of Transactions Dollar Volume Past Three Years Hall County Schools Education Georgia - GA Install new fields at five high schools all including site work $6.9M $9.1M PRICE INCLUDES: a) Mobilization b) Survey & Layout of our work c) Install erosion controls as required — construction entrance and track bridge d) Perform mass excavation to designed elevations e) Excavate storm drainage and install 18", 24" and 30" pipe with structure per plan f) Haul spoils offsite g) Laser grade and compact subgrade h) Provide header curb at d zone, interior curb and exterior curb i) Provide ACO 2000 channel drain inside lane 1 at d areas j) Provide ACO 4020 channel drain in straights k) Furnish & install 2 x 4 nailer boards at concrete curbing I) Furnish & install 12" perforated perimeter collector drain and tie into existing storm system m) Furnish & install geotextile fabric full coverage on the turf limits of the field COOP PRICING PROPOSAL n) Furnish & install 12" wide flat panel drains as designed o) Furnish & install 12" nyloplast basins as designed p) Furnish & install 6" dynamic stone base (#57 & #89 stones) q) Laser grade and compact finish stone r) Furnish & install (1) set of regulation Football Goal Posts including foundations- 30' uprights, 8' offset s) Supply & install communication boxes and electrical conduits per plans t) Install ACO channel drain in front of bleachers u) Install concrete pad in front of bleachers v) Site restoration of all disturbed with sod w) Install 4' black vinyl fence with associated gates x) Strip track of existing track surface and haul to off -site location y) Fine grade high jump and paved d-zone area z) Install 6" GAB base at high jump and paved d-zone area aa) Install 1.5" 12.5mm asphalt binder and 1.5" of type II topping at high jump area and paved d zone area bb) Mill existing track to a depth of 1.25" and haul debris offsite cc) Clean track, apply tack coate, and install 1.25" 9.5 mm type II asphalt topping dd) Supply & install (2 EA) Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C aluminum vault box with lid ee) Sand pit form with aluminum pit covers, drainage, stone, and sand. 2 EA takeoff boards per runway ff) Shot put event with concrete pad, depressed ring, toe board and curbed landing area with screenings and drainage gg) Discus pad with cage hh) Install Beynon BSS 200 track surface on paved oval and chutes, d zone, high jump pad, and field events — RED or BLACK in color ii) One year warranty on all civil work jj) Supply and Installation of the artificial in -filled grass surface upon a suitable base. kk) Performance and Payment Bond fees. II) All applicable taxes. mm) A TEN (10) year 3rd party pre -paid insured warranty on the FieldTurf artificial grass surface; nn) Inlaid Sports Markings: Football in white & Soccer in yellow Gwinnett County Board of Education Education Georgia - GA Install new fields at three high schools all including site work a) Civil scope of work per bid package b) One year warranty on all civil work c) Track surfacing scope of work per bid package d) Installation of the artificial in - filled grass surface with CoolPlay upon a suitable base; e) (1) Set of inlaid full Football markings f) (1) Set of inlaid full Soccer markings g) (1) Set of inlaid full Unified Lacrosse markings h) One (1) Inlaid 2 / 3 color Midfield logo maximum diameter 50' i) End Zone letters with border per bid package j) Maintenance Equipment: 1 GroomRight + 1 SweepRight k) All applicable taxes and bonds. I) An 10 year 3rd party pre -paid insured warranty on the FieldTurf artificial grass surface on all products $3.3M $6.5M Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Cypress Fairbanks Independent School District Education Texas -TX Install eight replacement baseball and softball fields with batting cages plus site work Demo 16 Dugouts Per Field—FieldTurf XT50 Turf system: o Infield & Bullpens: .6lbs Coolplay 1.11bs Ambient Rubber 5.4lbs Silica Sand o Outfield: .6lbs Coolplay 2.2lbs Ambient Rubber 3.651bs Silica Sand Per Field Markings o Inlaid Baseball/Softball Markings Per Field Graphics o (2) Sideline logos "Cypress Fairbanks" District Logo o Softball Fields: (1) 3 Colored 40' x 25' logo o Baseball Fields: (1) 3 colored 40 x 60' logo Per Field Turf Replacements: o (1) Set of Velcro Replacements for Batters Box area & Mound Landing Strip o (8) Sets of turf replacements for Bases, home plate areas, bullpen mounds, & dugout entrances Per School Maintenance Equipment: o FieldSweep o SMG Turfcare TCA 1400 o Per School Allowance $7M $7M Westmont Hilltop School District Education Pennsylvania - PA Stadium renovations o Survey, Engineering, and Design Services o Mobilization, Demolition, and Site Preparation o Earthwork $ 342,900.00 o Stormwater Management/Infiltration System o Storm Drainage/Storm Sewer System o Athletic Field/Track Drainage and Field Improvements o Running Track Improvements $ 825,285.00 o Entry Area Improvements/Site Improvements o Running Track Fencing and Track Perimeter Restoration o Synthetic Turf Drainage, Base, Misc. Field Construction o Synthetic Turf Carpet System o Grandstands and Press Box o Athletic Field Lighting and Electrical $5.5M $5.5M Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Fulton County Schools Education Georgia - GA Install new stadium field plus site work $675K $4M Mobilization b) Removal and disposal of existing turf and infill c) Box drag existing base d) Installation of the artificial in - filled grass surface upon a suitable base e) Installation of FieldTurf CoolPlay system. f) Center Logo "LH": 45' x 38'; 4 colors with border g) Non -bordered end zone letters : LANGSTON HUGHES & PANTHERS h) An 10 year 3rd party pre -paid insured warranty on the FieldTurf artificial grass surface; i) All applicable Taxes and Bond fees j) Inlaid Football Markings k) Inlaid Soccer Markings I) Inlaid Unified Lacrosse Markings Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item Question Response 26 Sales force. FieldTurf is capable to meet the needs of Sourcewell participating entities across US and Canada. See the chart below for the locations of FieldTurf and Beynon Sales representatives, customer service representatives, and Regional Vice Presidents. Most of the representatives are direct employees of FieldTurf or Beynon. All states have local sales team representation. See Sales Team Territory Attachment FieldTurf Indoor Beynon Playgrounds/Commercial/Small SQ FT Note: Always CC PM on Bid Specs CC: Terri Ranels & Erwin Riveria Note: Always CC Mitchell Truban State RVP RSM PM CS RSM RSM RSM Alabama (AL) Jamie MacDonald Craig Yancey Hadyn Fava Carole Martin Adam Winnicky Mike Smoak Rob Gloeckner, Mitchell Truban, Matt Henson Alaska (AK) Martin Olinger Donny Jones / Carly Neilson Patrick Dawson Erica Oesterreich Josh Brown Gary Logsdon Rob Gloeckner, Mitchell Truban, Matt Henson Arizona (AZ) Martin Olinger Donny Jones / Carly Neilson Patrick Dawson Erica Oesterreich Dave Rosenthal Greg Hull Rob Gloeckner, Mitchell Truban, Matt Henson Arkansas (AR) Jamie MacDonald David Ross Jack Price Jakob Dion Josh Brown Dennis Regan Rob Gloeckner, Mitchell Truban, Matt Henson California (CA) Martin Olinger Andrew Rowley / Steven Sosa (North of Fresno) Lindsay Agattas Tyler Fitzsimons Dave Rosenthal Mason Farnsworth Charles Colletti Tim Coury / Cal Waltson (South of Fresno) Susy Matos Jakob Dion Colorado (CO) Jed Easterbrook Jed Easterbrook Malek Nouwayri Jakob Dion Dave Rosenthal Greg Mckenna Rob Gloeckner, Mitchell Truban, Matt Henson Connecticut (CT) Andrew Dyjak Andrew Dyjak Sacha DeRubeis Dexter Linton Jeff Sackman Tom Mitchell Rob Gloeckner, Mitchell Truban, Matt Henson Delaware (DE) Jim Shanahan Bill Bamber (North Delaware) Michael Glorioso Shannon Darlow Adam Winnicky Mark Scrivano Rob Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Gloeckner, Mitchell Truban, Matt Henson Will Johnson (Dover & South) Patrick Dawson Florida (FL) Jamie MacDonald Chris Wedge (East of Talahasee/ Rest of Florida) Kristie Cramer Carole Martin Adam Winnicky Mike Smoak David Sheffer Jamie MacDonald Craig Yancey (West of Talahasee) Kristie Cramer Carole Martin Adam Winnicky Mike Smoak David Sheffer Georgia (GA) Jamie MacDonald Josh Keown Kristie Cramer Carole Martin Adam Winnicky Mike Smoak Rob Gloeckner, Mitchell Truban, Matt Henson Hawaii (HI) Martin Olinger Steve Coury Amanda Rennie Erica Oesterreich Josh Brown Gary Logsdon Rob Gloeckner, Mitchell Truban, Matt Henson Idaho (ID) Martin Olinger Steve Coury Robin Erst Erica Oesterreich Karl Michels James Traynor Rob Gloeckner, Mitchell Truban, Matt Henson Reed McNeil Illinois (IL) Jonathan Huard Brian Smykowski (Chicago) (*Goes down until I- 75) Morgan Rey Chelsey Brooker Joe Cooper Bill Teten Rob Gloeckner, Mitchell Truban, Matt Henson Blake Centers (South IL) Morgan Rey Indiana (IN) Jonathan Huard Blake Centers My Thanh Tran Chelsey Brooker Joe Cooper Bill Teten Rob Gloeckner, Mitchell Truban, Matt Henson Iowa (IA) Jonathan Huard Brian Kramer / MWFT2 Trey Sherrill Chelsey Brooker Karl Michels Everett Bratsch Rob Gloeckner, Mitchell Truban, Matt Henson Kansas (KS) Jamie MacDonald David Ross Jack Price Jakob Dion Dave Rosenthal Dennis Regan Charles Colletti Kentucky (KY) Jonathan Huard JC Field Dino DiMaulo Chelsey Brooker Adam Winnicky Seth Sheridan Rob Gloeckner, Mitchell Truban, Matt Henson Louisiana (LA) Jamie MacDonald Chris Patton (North Alexandria) Malek Nouwayri Carole Martin Dave Rosenthal Kevin Creeden Rob Gloeckner, Mitchell Truban, Matt Henson Bryan Cox (South Alexandria) Brenda Armendariz Maine (ME) Andrew Dyjak Andrew Dyjak Sacha DeRubeis Dexter Linton Jeff Sackman Tom Mitchell Rob Gloeckner, Mitchell Truban, Matt Henson Maryland (MD) Jim Shanahan Will Johnson Patrick Dawson Shannon Darlow Adam Winnicky Mark Scrivano Rob Gloeckner, Mitchell Truban, Matt Henson John McShane Victoria Talay Massachusetts (MA) Andrew Dyjak Andrew Dyjak Sacha DeRubeis Dexter Linton Jeff Sackman Tom Mitchell Rob Gloeckner, Mitchell Truban, Matt Henson Michigan (MI) Jonathan Huard Blake Centers My Thanh Tran Chelsey Brooker Joe Cooper Bill Teten Rob Gloeckner, Mitchell Truban, Matt Henson Minnesota (MN) Jonathan Huard Brian Kramer / Mattew Cole Trey Sherrill Chelsey Brooker Karl Michels Mark Scrivano Rob Gloeckner, Mitchell Truban, Matt Henson Mississippi (MS) Jamie MacDonald Craig Yancey Hadyn Fava Carole Martin Dave Rosenthal Seth Sheridan Rob Gloeckner, Mitchell Truban, Matt Henson Missouri (MO) Jamie MacDonald David Ross Jack Price Chelsey Brooker Dave Rosenthal Dennis Regan Charles Colletti Montana (MT) Jed Easterbrook Jed Easterbrook Malek Nouwayri Jakob Dion Karl Michels Gary Logsdon Rob Gloeckner, Mitchell Truban, Matt Henson Tim Andrew Nebraska (NE) Jonathan Huard Brian Kramer / MWFT2 Trey Sherrill Chelsey Brooker Karl Michels Everett Bratsch Rob Gloeckner, Mitchell Truban, Matt Henson Nevada (NV) Martin Olinger Andrew Rowley / Steven Sosa Lindsay Agattas Tyler Fitzsimons Josh Brown Mason Farnsworth Rob Gloeckner, Mitchell Truban, Matt Henson Tim Coury / Cal Waltson Susy Matos Carole Martin New Hampshire (NH) Andrew Dyjak Andrew Dyjak Sacha DeRubeis Dexter Linton Jeff Sackman Mark Scrivano Rob Gloeckner, Mitchell Truban, Matt Henson New Jersey (NJ) Perry DiPiazza Perry DiPiazza Kamala Kanhoye Tracy Gonsalves Jeff Sackman Tom Mitchell Rob Gloeckner, Mitchell Truban, Matt Henson New Mexico (NM) Jed Easterbrook Jed Easterbrook Malek Nouwayri Jakob Dion Dave Rosenthal Greg Hull Rob Gloeckner, Mitchell Truban, Matt Henson New York (NY) Perry DiPiazza Chris White (Rest of NY) Janet Lamarche Tracy Gonsalves Jeff Sackman Tom Mitchell Rob Gloeckner, Mitchell Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Truban, Matt Henson Jason Randall (New York City / Long Island) Janet Lamarche North Carolina (NC) Jim Shanahan Patrick Zeni Victoria Talay Carole Martin Adam Winnicky Mark Scrivano Rob Gloeckner, Mitchell Truban, Matt Henson North Dakota (ND) Jonathan Huard Brian Kramer / Mattew Cole Trey Sherrill Chelsey Brooker Karl Michels Everett Bratsch Rob Gloeckner, Mitchell Truban, Matt Henson Ohio (OH) Jonathan Huard JC Field Dino DiMaulo Chelsey Brooker Joe Cooper Bill Teten Rob Gloeckner, Mitchell Truban, Matt Henson Oklahoma (OK) Jamie MacDonald Chris Patton Hadyn Fava Jakob Dion Dave Rosenthal Dennis Regan Charles Colletti Oregon (OR) Martin Olinger Steve Coury Robin Erst Erica Oesterreich Karl Michels James Traynor Charles Colletti Tim Andrew Pennsylvania (PA) Jim Shanahan Bill Bamber (East PA) Michael Glorioso Shannon Darlow Jeff Sackman Bryan Mitterling Rob Gloeckner, Mitchell Truban, Matt Henson Conner Schlegel (West PA) Michael Glorioso Rhode Island (RI) Andrew Dyjak Andrew Dyjak Sacha DeRubeis Dexter Linton Jeff Sackman Tom Mitchell Rob Gloeckner, Mitchell Truban, Matt Henson South Carolina (SC) Jim Shanahan Patrick Zeni Victoria Talay Shannon Darlow Adam Winnicky Mike Smoak Rob Gloeckner, Mitchell Truban, Matt Henson South Dakota (SD) Jonathan Huard Brian Kramer / MWFT2 Trey Sherrill Chelsey Brooker Karl Michels Everett Bratsch Rob Gloeckner, Mitchell Truban, Matt Henson Tennessee (TN) Jamie MacDonald Josh Keown (East of Nashville) Kristie Cramer Carole Martin Adam Winnicky Seth Sheridan Charles Colletti Craig Yancey (West of Nashville) Neil O'Donnell (Nashville) Texas (TX) Jamie MacDonald Chris Patton (See Zip Code) Hadyn Fava Jakob Dion Dave Rosenthal Charles Colletti Bryan Cox (See Zip Code) Brenda Armendariz Eric Lutz (Austin / El Paso) Brenda Armendariz Doug Wilson Brandon Parrott (See Zip Code) Brenda Armendariz Utah (UT) Jed Easterbrook Jed Easterbrook Malek Nouwayri Jakob Dion Josh Brown Mason Farnsworth Rob Gloeckner, Mitchell Truban, Matt Henson Vermont (VT) Andrew Dyjak Andrew Dyjak Sacha DeRubeis Dexter Linton Jeff Sackman Tom Mitchell Rob Gloeckner, Mitchell Truban, Matt Henson Virginia (VA) Jim Shanahan John McShane Victoria Talay Shannon Darlow Adam Winnicky Mark Scrivano Rob Gloeckner, Mitchell Truban, Matt Henson Washington (WA) Donny Jones Donny Jones / Carly Neilson Patrick Dawson Erica Oesterreich Karl Michels James Traynor Rob Gloeckner, Mitchell Truban, Matt Henson Reed McNeil West Virginia (WV) Jim Shanahan Conner Schlegel Michael Glorioso Shannon Darlow Adam Winnicky Bryan Mitterling Rob Gloeckner, Mitchell Truban, Matt Henson Wisconsin (WI) Jonathan Huard Blake Centers My Thanh Tran Chelsey Brooker Joe Cooper Everett Bratsch Rob Gloeckner, Mitchell Truban, Matt Henson Wyoming (WY) Jed Easterbrook Jed Easterbrook Malek Nouwayri Jakob Dion Karl Michels Greg Mckenna Rob Gloeckner, Mitchell Truban, Matt Henson Alberta (AB) Darren Gill Kevan Pipe Adilya Agaeva Tracy Gonsalves Stephane Leudet Matt Auffrey Rob Gloeckner, Mitchell Truban, Matt Henson British Columbia (BC) Darren Gill Chris Edwardson Adilya Agaeva Tracy Gonsalves Stephane Leudet Matt Auffrey Rob Gloeckner, Mitchell Truban, Matt Henson Manitoba (MB) Darren Gill Kevan Pipe Adilya Agaeva Tracy Gonsalves Stephane Leudet Matt Auffrey Rob Gloeckner, Mitchell Truban, Matt Henson New Brunswick (NB) Darren Gill Turf Masters (Alan Streatch) Adilya Agaeva Tracy Gonsalves Stephane Leudet Matt Auffrey Rob Gloeckner, Mitchell Truban, Matt Henson Newfoundland and Labrador (NL) Darren Gill Turf Masters (Alan Streatch) Adilya Agaeva Tracy Gonsalves Stephane Leudet Matt Auffrey Rob Gloeckner, Mitchell Truban, Matt Henson Nova Scotia (NS) Darren Gill Turf Masters (Alan Streatch) Adilya Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Agaeva Tracy Gonsalves Stephane Leudet Matt Auffrey Rob Gloeckner, Mitchell Truban, Matt Henson Ontario (ON) Darren Gill Colin Doyle Adilya Agaeva Tracy Gonsalves Stephane Leudet Matt Auffrey Rob Gloeckner, Mitchell Truban, Matt Henson Prince Edward Island (PEI) Darren Gill Turf Masters (Alan Streatch) Adilya Agaeva Tracy Gonsalves Stephane Leudet Matt Auffrey Rob Gloeckner, Mitchell Truban, Matt Henson Quebec (QC) Darren Gill LML Paysagiste (Frank Lapenna) Adilya Agaeva Tracy Gonsalves Stephane Leudet Matt Auffrey Rob Gloeckner, Mitchell Truban, Matt Henson Saskatchewan (SK) Darren Gill Kevan Pipe Adilya Agaeva Tracy Gonsalves Stephane Leudet Matt Auffrey Rob Gloeckner, Mitchell Truban, Matt Henson Northwest Territories (NWT) Gonsalves Stephane Leudet Matt Henson Nunavut (NVT) Darren Gill Gonsalves Stephane Leudet Matt Henson Yukon (YT) Darren Gill Kevan Pipe Adilya Agaeva Tracy Gonsalves Stephane Leudet Matt Auffrey Rob Gloeckner, Mitchell Truban, Matt Henson Darren Gill Kevan Pipe Adilya Agaeva Tracy Matt Auffrey Rob Gloeckner, Mitchell Truban, Kevan Pipe Adilya Agaeva Tracy Matt Auffrey Rob Gloeckner, Mitchell Truban, 27 Dealer network or other distribution methods. FieldTurf works with several subcontractors who supply and install Fieldturf/Beynon products or services related to sports construction and they promote the FieldTurf cooperative purchasing program: SmartBuy. These Subcontractors include but are not limited to: Beynon Sports Surfaces, Renner Sports Surfaces, American Athletic Court Inc. , Copeland Coating Company Inc., The Landtek Group, Clark Companies, Chenango Contracting, ELA Group, Inc.; Hinding Tennis, Halecon, FieldTurf Northwest, Deluxe Athletics, King Sports, Ace Tennis, Maser Consulting, 0 Sports, NIDY, Vasco, Shaker Flats, Cape and Island, Midwest Turf, Mountain West, RS Global, Desso Sports, Crafco, Mammoth Sports Construction. Customer contracts with FieldTurf USA, Inc and the FieldTurf issues a subcontract to the specific dealer or distributor for the specific project. Distributors must pass a certification process to become a FieldTurf/Beynon product distributor/dealer/Installer. FieldTurf Authorized Turf Distributors: FieldTurf USA, Inc. - Nationwide The Landtek Group, Inc.- NY, NJ, PA, VA, MA, RI, CT, MD, MA, Washington DC, DE, WV Chenango Contracting, Inc.- NY, NJ, PA, VA, MA, RI, CT, MD, MA, Washington DC, DE, WV MidWest FieldTurf- KS, NE, MO, IA Deluxe Athletics — AL, GA, FL, MS, IN, TN, NC,SC Mammoth Sports Construction- MN, KS, MO FieldTurf Northwest - WA, AK, AZ, ID, FieldTurf Authorized Subcontractors/Installers include but are not limited to: Beynon Sports Surfaces - Nationwide EasyTurf — Nationwide Sportsfield Specialties — Nationwide Brock Industries - Nationwide Renner Sports Surfaces- CO, TX, NM, American Athletic Court Inc., NY, NJ, PA, VA, MA, RI, CT, MD, MA, Washington DC, DE, WV Copeland Coating Company Inc., NY, NJ, PA, VA, MA, RI, CT, MD, MA, Washington DC, DE, WV The Landtek Group NY, NJ, PA, VA, MA, RI, CT, MD, MA, Washington DC, DE, WV Clark Companies NY, NJ, PA, VA, MA, RI, CT, MD, MA, Washington DC, DE, WV Chenango Contracting NY, NJ, PA, VA, MA, RI, CT ELA Group, Inc.; NY, NJ, PA, VA, MA, RI, CT, MD, MA, Washington DC, DE, WV Hinding Tennis, NY, NJ, PA, VA, MA, RI, CT, MD, MA, Washington DC, DE, WV Halecon, - NJ, NY FieldTurf Northwest - WA, AK, AZ, ID, Deluxe Athletics- AL, GA, FL, MS, IN, TN, NC,SC King Sports- NY, NJ, PA, VA, MA, RI, CT, MD, MA, Washington DC, DE, WV Ace Tennis- PA, MD, Washington DC, DE, WV, VA Maser Consulting — NJ, NY 0 Sports, OH, IN NIDY- FL Vasco- OH, FL Shaker Flats- NY Cape and Island - MA, NY, CT Midwest FieldTurf- KS, NE, MO, IA Mountain West- CO RS Global, TX, CO, NM Beyond the Turf- Maine, VT, NH, CT Kerr Athletics KS, MO, CO Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C FieldTurf uses a sub installation team, the criteria for selection and approval is as follows: 1. Each installer must complete a minimum of 2 supervised projects, in which an internal FieldTurf installer will work with the crew for the entirety of the project. If after 2 projects, FieldTurf feels the quality meets the standard we have set forth, these installers will be utilized for additional projects with supervision via periodic site visits and stop ins. 2. FieldTurf install partners such as LandTek, RSG, Beyond the Turf, Kerr Athletics and ISS have all been installing for FieldTurf exclusively for a minimum of the past 5 years. 3. Other FieldTurf install partners such as Vasco, STS and Condor have been working exclusively with FieldTurf between 1-3 years. 4. FieldTurf selects between employed installers by using designated territories. Turf Installers by State: Alabama - RS Global Alaska - Beyond The Turf Arizona - RS Global Arkansas - RS Global California - FieldTurf Construction Colorado - RS Global Connecticut - Beyond The Turf Delaware - LandTek Florida - RS Global Georgia - Turf Dogs Hawaii - FieldTurf Construction Idaho - FieldTurf Construction Illinois -ISS (International Sports Surfaces) Indiana - Beyond The Turf Iowa - MidWest FieldTurf Kansas - Kerr Athletics Kansas - Mammoth Turf Kentucky - RS Global Louisiana - RS Global Maine - Beyond The Turf Maryland -Beyond The Turf Massachusetts - Beyond The Turf Michigan - Beyond The Turf Minnesota - FT Install Group Mississippi - RS Global Missouri - Kerr Athletics Montana - RS Global Nebraska - MidWest FieldTurf Nevada - FieldTurf Construction New Hampshire - Northeast Turf New Jersey - LandTek New Mexico - RS Global New York - LandTek/Chenango North Carolina -Turf Dogs North Dakota - RS Global Ohio - Northeast Turf Oklahoma -RS Global Oregon - FieldTurf Construction Pennsylvania - LandTek Rhode Island - Northeast Turf South Carolina - Turf Dogs South Dakota - MidWest FieldTurf Tennessee - RS Global Texas - RS Global Utah - RS Global Vermont -Beyond The Turf Virginia - Beyond The Turf Washington -FieldTurf Construction West Virginia - Northeast Turf Wisconsin - FT Install Group Wyoming -RS Global Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 28 29 Service force. Describe the ordering process. If orders will be handled by distributors, dealers or others, explain the respective roles of the Proposer and others. 30 Describe in detail the process and procedure of your customer service program, if applicable. Include your response -time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. FIRST-CLASS SERVICE — for your FieldTurf Experience. FieldTurf does not sever its customer relations once the contract has been signed. We take the time to follow up with each and every one of our customers in order to ensure complete and consistent customer satisfaction. Customer satisfaction remains FieldTurfs number one priority. Providing a high quality product and outstanding customer service has been a part of FieldTurfs successful business model since day One. Our customers are our number one priority, which is why we have taken the time to assemble an experienced and dedicated customer service department. We proactively follow up with each and every one of our customers to ensure complete and continuous satisfaction There are not any geographic regions of the US that FieldTurf cannot provide a certified technician to perform warranty work .Please see our Customer Service Representative Region map below to see that the entire US is covered. FieldTurf: Maintenance & Commitment to Service Hrs. of Operation: 24 hours/ 7 days a week We respond to customers within 24 hours. Should something be an emergency, we do try to get on site asap - weather and crew availability permitting. At FieldTurf, if a customer comes to us with a concern, we try to handle it as quickly as possible. We will evaluate the nature of the complaint and see how we can assist or fix the issue. If there is an unresolved complaint that we cannot resolve, we would direct the customer to the appropriate department/manager. Both FieldTurf and Beynon have dedicated Customer Service divisions with more than 10 fulltime employees that cover the entire US to address any questions regarding an owner's sports surface questions. In addition, FieldTurf & Beynon have about 10-15 customer service teams across the nation and regionally. Thomas Mullins Vice President of Installations and Customer Service 175 N Industrial Blvd NE Calhoun Georgia 30701 United States Email: Thomas.Mullins@tarkettsports.com In addition to our constant commitment to exceptional customer care, our customer service department has assembled a comprehensive manual that covers all field care issues. Each FieldTurf customer receives a maintenance guideline that covers everything from field grooming to gum removal, and field protection. The guidelines also come with a complete maintenance video — the perfect tool to educate field managers and groundskeepers. See CS Territory Map Attachment Orders are processed through FieldTurf USA, Inc. so customers have one sole source of responsibility- FieldTurf. Purchase Orders and contracts and with FieldTurf. Client/ owner/ owner's representative connect with SmartBuy, FieldTurf/Beynon or Tarkett Regional Sales Managers through marketing or standard sales relationships. • FieldTurf/Beynon/Tarkett or distributor sales team sets up a facility site visit. • FieldTurf/Beynon/Tarkett or distributor sales team provides scope of work and price to SmartBuy/FieldTurf. • Project Manager generates a Sourcewell FieldTurf proposal for review by the client/owner/owner's representative based on scope of work and Sourcewell Contract compliance. SmartBuy reviews all Sourcewell proposals for contract compliance. • Once the proposal is approved by the owner, the client/ owner/ owner's representative issues FieldTurf a purchase order, sales agreement, or AIA contract or other contract. Ultimately it is the owner's choice if they want a contract at all or if they only want to issue a PO. The contract is between FieldTurf USA, Inc. and the owner. Subcontract will be issued to distributor. • Once PO or Fully executed contract is in place, materials are ordered and construction/installation begins. FIRST-CLASS SERVICE — for your FieldTurf Experience. FieldTurf does not sever its customer relations once the contract has been signed. We take the time to follow up with each and every one of our customers in order to ensure complete and consistent customer satisfaction. Customer satisfaction remains FieldTurfs number one priority. Providing a high quality product and outstanding customer service has been a part of FieldTurfs successful business model since day One. Our customers are our number one priority, which is why we have taken the time to assemble an experienced and Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C dedicated customer service department. We proactively follow up with each and every one of our customers to ensure complete and continuous satisfaction There are not any geographic regions of the US that FieldTurf cannot provide a certified technician to perform warranty work .Please see our Customer Service Representative Region map below to see that the entire US is covered. FieldTurf: Maintenance & Commitment to Service Hrs. of Operation: 24 hours/ 7 days a week We respond to customers within 24 hours. Should something be an emergency, we do try to get on site asap - weather and crew availability permitting. At FieldTurf, if a customer comes to us with a concern, we try to handle it as quickly as possible. We will evaluate the nature of the complaint and see how we can assist or fix the issue. If there is an unresolved complaint that we cannot resolve, we would direct the customer to the appropriate department/manager. Both FieldTurf and Beynon have dedicated Customer Service divisions with more than 10 fulltime employees that cover the entire US to address any questions regarding an owner's sports surface questions. In addition, FieldTurf & Beynon have about 10-15 customer service teams across the nation and regionally. Thomas Mullins Vice President of Installations and Customer Service 175 N Industrial Blvd NE Calhoun Georgia 30701 United States Email: Thomas.Mullins@tarkettsports.com In addition to our constant commitment to exceptional customer care, our customer service department has assembled a comprehensive manual that covers all field care issues. Each FieldTurf customer receives a maintenance guideline that covers everything from field grooming to gum removal, and field protection. The guidelines also come with a complete maintenance video — the perfect tool to educate field managers and groundskeepers. MAINTENANCE INSTRUCTIONS: FieldTurf has supplied Owner with a copy of the Maintenance Manual containing written instructions for the care and maintenance of the Surface. Owner acknowledges receipt of said Maintenance Manual and agrees to comply with and carry out the instructions contained in it as a condition of this Warranty. The terms of the Maintenance Manual are incorporated in this Warranty by reference. CLAIMS: All claims by Owner under this Warranty must be made in writing to the following address within thirty calendar days after Owner learns of any defect giving rise to the claim: FieldTurf USA, Inc., Indoor Division, 175 N Industrial Blvd N.E., Calhoun, Georgia 30269. INSPECTIONS AND TESTS: FieldTurf shall be allowed to inspect the Surface during reasonable business hours regarding any claim, which Owner makes under this Warranty; to be present at and to analyze the results of all tests conducted by Owner or others; and to conduct such tests as FieldTurf in its discretion may deem advisable. Owner shall promptly furnish FieldTurf with a copy of all written reports of any tests performed by Owner or on Owner's behalf. FieldTurf shall not be responsible for any costs or expenses incurred by Owner or others with respect to such tests, except that FieldTurf shall pay for the costs of all tests and analyses conducted or directed by FieldTurf representatives. See CS Territory Map Attachment Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 31 Describe your ability and willingness to provide your products and services to Sourcewell participating entities in the United States. FieldTurf is 100% capable and willing to provide our products, services, and installation in all of the United States and Canada. As you can see from our sales and service force, we have representation covering all areas. FieldTurf and Beynon have already been operating in all of the areas for many years. FieldTurf and Beynon have also been servicing Sourcewell or NJPA clients and contracts for over 12 years. See Sales Representation/Project Manger Territory Spreadsheet 32 Describe your ability and willingness to provide your products and services to Sourcewell participating entities in Canada. Very willing and already set up to operate in Canada. FieldTurf and Beynon have representation in Canada and are 100% already operating there. See Sales Representation/Project Manger Territory Spreadsheet 33 Identify any geographic areas of the United States or Canada that you will NOT be fully serving through the proposed contract. None, FieldTurf USA, Inc, Beynon Sports and Tarkett Sports services all of the United States and Canada. 34 Identify any Sourcewell participating entity sectors (i.e., government, education, not -for- profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? None. FieldTurf USA, Inc. will be fully serving all Sourcewell participating entity sectors in all of the US and Canada. 35 Define any specific contract requirements or restrictions that would apply to our participating entities in Hawaii and Alaska and in US Territories. Shipping costs are included in our customer proposals. Shipping to Alaska or Hawaii can cause the shipping price to rise as noted on our pricing notes. See Canada specific price spreadsheet. Shipping and Freight to Canada, Hawaii, Alaska or other areas outside of the continental US is not included in standard Primary pricing and will be an additional cost based on site location. Additional shipping costs will be based on the cost to transport equipment and materials from the closest US port to the job site. Additional costs may also be added for crew transportation and accommodations to any site outside of the continental US. Table 7: Marketing Plan Line Item Question Response 36 Describe your marketing strategy for promoting this contract opportunity. Upload representative samples of your marketing materials (if applicable) in the document upload section of your response. Below are the marketing strategies that FieldTurf/Tarkett Sports/SmartBuy will continue to implement to market the SOURCEWELL contract: • Corporate Top Down Instruction to incorporate SOURCEWELL to Tarkett Sports sales presentations. • Continued Education for the sales teams and regional Sales Management Team and Distributors. • SmartBuy-Dedicated Team to Market and Manage SOURCEWELL Contract • Promoting SOURCEWELL Contract to Municipalities across the US and Canada Print Advertising Trade Show List Electronic and Web site advertising Distribute Sourcewell FieldTurf Flyer FieldTurf is aware that the marketing success depends on communicating the contract's value, knowing the contract thoroughly, and communicating the proper use of contracted products and services to end user. FieldTurf and Tarkett Sports sales teams/distributors currently have a very high knowledge level and commitment to market the SOURCEWELL contract and the commitment would continue upon a new contract award. FieldTurf also has the dedicated SmartBuy staff to quickly provide prospective customers Sourcewell contract link, state statute information, and answer questions regarding how to use the Sourcewell contract to purchase their indoor flooring system. Over the past 17 years, FieldTurf has generated over $212M of contract value sales through our Sourcwell/NJPA turf and track contracts. https://www.sourcewell-mn.gov/cooperative-purchasing/060518-ftu https://www.tarkettsportsindoor.com/ www.fieldturf.com www.smartbuycooperative.com In addition, FieldTurf's marketing activities can be broken up in the following categories: Print Advertising FieldTurf advertises in all major industry publications including: American Football Monthly Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Athletics Administration Athletic Business Athletic Management Coach & Athletic Director Coaching Management Collegiate Directories Government Recreation & Fitness Park & Recreation Business Recreation Management Sportsfield Management In addition to these nationwide publications, FieldTurf advertises in over 30 state/regional publications. Our typical advertising budget exceeds $120,000 annually. E-Marketing FieldTurfs E-Marketing efforts are broken up into two categories: Website The FieldTurf family of websites is made up of the following: www.fieldturf.com www.beynonsports.com FieldTurf has developed a customized webpage for the SOURCEWELL/SmartBuy program: www.smartbuycooperative.com Potential customers are directed to specific pages like: http://www.fieldturf.com/smartbuy-purchasing-program/ FieldTurfs websites average over 35,000 unique visitors per month. Direct Mailing FieldTurf has a lead database with over 20,000 potential customers. Frequent messages are sent to various customer groups — most of which contain messaging pertaining to the SmartBuy program. Trade Shows FieldTurf attends well over 200 trade shows per year nationwide. At each of these shows FieldTurf makes our best efforts to educate potential clients about the benefits of using SOURCEWELL. Our SOURCEWELL program managers personally attend a large number of the shows as well. Alabama Athletics Directors (AHSAA) Mississippi Coaches Ass. (MACA) Florida Educational Facility Planners Ass. (FEFPA) Arizona Park and Rec (AZPRA) Florida Recs and Park Ass. (FRPA) Texas Ass of School Administrators & Boards American School Business Officials (ASBO) NFHS - National HS ADs NSBA - National School Boards Show NABC - Basketball Coaches NIRSA - Intramural & Recreation NACDA - National AD Show NACO - National Association of Counties NIGP - National Govt Purchasing ICMA - International County Mgmt ASLA - American Society of Landscape Architects NRPA - National Park & Rec ABKA - Pet Care Services ASBO - American School Business Officials NLC - National League of Cities TES - Education Show Greenbuild Athletic Business Home Builders Show Golf Industry Show RASA - American School Administrators VASBO - Virginia School Business Officials ECAC - Eastern Collegiate Athletic Conference WADA - Wisconsin AD Show Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C National Soccer Coaches Association of America Home Builders Show NATIONAL INTRAMURAL -RECREATIONAL SPORTS ASSOCIATION Stadia Expo NJCM - New Jersey Conference of Mayors CADA - Colorado Athletic Directors Association IADA - Illinois Athletic Director's Association Boys & Girls Club Virginia Association of School Business Officials National High School Athletic Coaches Association San Angelo Football Clinic Facilities Operators Conference MD/DC ASBO Council of Educational Facility Planners Intl. NJSLM - NJ State League of Municipalities TPSCA - Texas Private School Coaches Association FAC - FLORIDA ASSOCIATION OF COUNTIES OSBA - OHIO SCHOOL BOARD ASSOCIATION CCM - CONNECTICUT CONFERENCE OF MUNICIPALITIES Texas High School Coaches Association Arkansas High School Coaches Association KANSAS ASSOCIATION OF SCHOOL BOARDS All -Star Sports Week GRPA - Georgia Recreation & Park Association OCA - Oklahoma Coaches Association PSBA - Pennsylvania School Boards Association CRPA - Connecticut Recreation & Parks Association SBE - School Building Expo PRPS - Pennsylvania Recreation & Park Society NACO - National Association of Counties WASB - Wisconsin State Education Convention IASB - Illinois Association of School Boards PRPS - Pennsylvania Recreation & Park Society National Institute of Governmental Purchasing Home Builder's Show Pet Care Services Association Convention & Expo Greenbuilders 2010 ASLA - American Society of Landscape Architects Directors of Athletic Directors of New Jersey NJRPA - New Jersey Park and Rec NJASLA - NJ Landscape Architects IIAAA - Indiana ADs MIAAA - Missouri Athletic Directors NMAA - New Mexico Activities Association ASBO MD/DC Maryland Eastern Collegiate Athletic Conference (ECAC) International County Management (ICM) National Parks & Rec (NRPA) Florida Ass. of School Business Officials (FASBO) Alberta Recreation and Park Association Louisianna AD (LHSAA) Wisconsin State Education Convention National HS AD Show (NFHS/NIAAAO Colorado Assocaition of School Boards (CASB) United States Speciality Sports Association (USSSA) International Homebuilders Show (NAHB) National Soccer Coaches Convention (NSCAA) NJ Landscape Architects (NJASLA) Golden Triangle Coaches Clinic Kansas Parl and Rec (KRPA) Minnesota AD (MIAAA) Kansas Athletic Administrators (KIAAA) Texas HS AD (THSADA) Texas Ass of School Bus Off (TASBO) Pennsylvania School Bus Off (PASBO) Virginia AD Indiana AD Michigan AD (MIAAA) South Dakota AD (SDIAAA) Iowa HS AD (IHSAA) Georgia Athletic Directors Ass (GADA) New Jersey AD (DAANJ) New Jersey Park and Rec (NJRPA) California Park and Rec (CRPS) Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C New York State ADA (NYSAAA) Minnesota Football Coaches Clinic (MNFCC) California Foundation of Community Colleges NJ School Building & Grounds Ass. (NJSBGA) Utah Interscholastic AD Ass (UIAAA) Maryland Park and Rec (MRPA) Missouri AD (MIAAA) National Intramural Rec Show (NIRSA) Tennessee Atheltic Directors Conference (TIAAA) California Ass. of School Business Officials California Parks and Recreation (CARPD) New Jersey Conference of Mayors (NJCM) Michigan School Business Officials (MSBO) Colorado Athletic Director (CADA) Maryland School Business Officials (MASBO) Illinois Athletic Directors (IADA) Florida Athletic Directors (FIAAA) Alberta School Business Officials (ASBOA) Virginia Ass. of School Business officials (VASBO) Federation of Canadian Municipalities (FCM) National AD Show (NACDA) Georgia Athletic Coaches Ass. (GAGA) Florida Association of Counties (FAC) Idaho Ass. of School Adm (ISSA) Idaho Ass. of School Principals (IASSP) Idaho AD Ass (IAAA) Washington Secondary School AD Ass (WSSAAA) Oregon Athletic Directors Ass (OADA) Washington Ass of School Bus Officials (WASBO) Oregon Ass of School Bus Off (OASBO) Montana Coaches Ass. (MCA) Oregon Schools Facilities Management (OSFMA) NW All Sports Clinic (NWASC) Oklahoma Coaches Association (OCA) NAtional Ass. of Counties (NACO) Wyoming Coaches Association (WCA) CAAD - Connecticut Athletic Directors SDIAAA - South Dakota Athletic Directors VIAAA - Virginia Athletic Directors KIAAA - Kansas Athletic Directors PRO - Ontario Park & Rec National School Plant Managers Association OASBO - Ontario School Business Officials CAIS - Connecticut Independent Schools WFX - Worship Facilities Expo OCAA - Ontario Colleges Athletic Association MASBO - Missouri School Business Officials AEMA - Athletic Equipment Managers GALA - Georgia Athletic Coaches Association ASBA - Arkansas School Boards AHSADCA - Alabama HS Athletic Directors NACBA - National Church Business OCA - Oklahoma Coaches Association STA - Sports Turf Association AQLM - Quebec Municipalities PASBO - Pennsylvania School Business Officials CCM - Connecticut Municipalities NJSBA GRPA - Georgia Recreation & Parks NLC - National League of Cities NJSLM - New Jersey Municipalities CASB - Colorado School Boards KASB - Kansas School Boards ABCA - American Baseball Coaches Association Training Show MSBO - Michigan School Business Officials Ontario Association of School Business Officials MSBA - Missouri School Boards' Association Ohio Interscholastic Athletic Administrators Arizona Interscholastic Athletics Administrator's Association INDIANA SCHOOL BOARDS ASSOCIATION WADA - Wisconsin Athletic Directors Association APRA - Arizona Parks and Recreation Association WFCA-Wisconsin Football Coaches Association OSSBA - Oklahoma State School Boards Association Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Kentucky High School Athletic Association NJSBA - New Jersey School Board Association IAPD - Illinois Association of Park Districts TASA - Texas Association of School Administrators VRPS - Virginia Recreation & Park Society Georgia Association of School Facility Administrators Association of School Business Officials Intl. Illinois Parks and Rec (IPRA/IAPD) American Baseball Coaches Ass. (ABCA) Sports Turfs Managers Ass. (STMA) US Youth Soccer Workshop (USYSA) Park and Rec Ontario (PRO) Soccer Champions Coaches Clinic New England Football Coaches Clinic (NEFCC) Coalition for adequate School Housing (CASH) Pennsylvania State AD (PSADA) Connecticut Athletic Directors (CAAD) National High School Athletic Coaches Ass. IIAAA - Indiana Athletic Directors Missouri Association of School Administrators National Gov't Purchasing (NIGP) MIAAA - Minnesota Athletic Directors NABC - National Association of Basketball Coaches MIAAA - Missouri Athletic Directors Ohio Association of School Business Officials FIAAA - Florida Athletic Directors BGCA - Boys & Girls Club NATA - National Athletic Trainers Association NHSACA - National HS Athletic Coaches TPSCA - Texas Private School Coaches ASLA - American Landscape Architects San Angelo Football Clinic WFX Fall - Worship Facilities Expo OSBA - Ohio School Boards Greenbuild CPRA - Connecticut Parks & Recreation IHRSA AUSA - Association of U.S. Army Exposition NABC- Indianapolis Florida Interscholastic Athletic Administrators SBE - School Building Expo Stadium Managers Association MIAAA - Michigan Athletic Directors MRPA - Maryland Park & Rec CADA - Colorado Athletic Directors Council of Educational Facility Planners Intl. MSBO - Michigan School Business Officials AIA - American Institute of Architects IADA - Illinois Athletic Directors BCPRA - BC Parks & Recreation SBE - School Building Expo NACO - National Association of Counties NIGP - National Government Purchasing Athletic Business K-12 Summit MSBA - Missouri School Boards IASB - Illinois School Boards IPRA - Illinois Park & Rec FCM - Federation of Canadian Municipalities BC Park and Rec (BCPRA) California AD show (CSADA) Texas High School Coaches Ass. (THSCA) PSADA - Pennsylvania State Athletic Directors ICMA - Intl County Management National School Board Ass (NSBA) National Intramural Recreation & Sports Association PGA Merchandise Show TASA - Texas Superintendents NSBA - National School Boards AIA - American Institute of Architects NRPA - National Recreation & Park NACDA - National AD Show Home Builders Show NACDA - National Athletic Directors Association ASBO - American School Business Officials Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C AFCA - American Football Coaches THSCA - Texas HS Coaches Association NFHS - National High School Athletic Directors American Football Coaches Association NSBA - National School Boards Association See Attached FieldTurf/Sourcewell Marketing flyer 37 Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. We utilize social media platforms such as Facebook, Linkedln and YouTube on a weekly basis. Video customer testimonials are created throughout the year and are shared on all social media platforms, company websites and email blasts. Digital email announcements are constantly being created throughout the year and are sent out to verified, opt -in accounts. Articles and press releases managed and released on company websites, eblasts, and digital newswires. https://www.sourcewell-mn.gov/cooperative-purchasing/060518-ftu https://www.tarkettsportsindoor.com/ www.fieldturf.com www.smartbuycooperative.com 38 In your view, what is Sourcewell's role in promoting contracts arising out of this RFP? How will you integrate a Sourcewell-awarded contract into your sales process? FieldTurfs expectation of Sourcewell is to continue to educate municipalities throughout the US and Canada (via Canoe) regarding their extensive cooperative purchasing contracts. Sometimes we need a Sourcewell representative to join a call with a customer to provide confirmation of RFP process and viability. Finally, Sourcewell's website is a critical piece to FieldTurfs success of promoting Sourcewell. The ease to locate our contract and due diligence documents along with the State Statutes is imperative to our success. In turn, FieldTurf and Tarkett Sports sales representatives/distributors, when presenting to a municipality, will provide the Sourcewell Cooperative Purchasing contract information in their sales presentation. SmartBuy will also distribute the Sourcewell flyer, link, and provide the Sourcewell logo on our websites, marketing materials, and proposals. 39 Are your products or services available through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Due to the nature of our product, no e-procurement ordering is available since each site has specific scope of work that will require a site evaluation and Sourcewell proposal to be generated. Table 8: Value -Added Attributes Line Item Question Response 40 Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell participating entities. Include details, such as whether training is standard or optional, who provides training, and any costs that apply. FieldTurf will provide turf/track maintenance training and grooming equipment training for municipal maintenance crew- this is a standard process and there is no additional charge. Usually the crew supervisor provides the training with sales providing ongoing turf/track maintenance information over the lifetime of the installation. Certificate of Completion The certificate of completion is a document issued by the manufacturer and presented to the customer as soon as the installation of the field is complete. It is the responsibility of the customer to insert all the information required on the document including his or her signature in order to validate the warranty. By signing the document the customer acknowledges that all the work performed has been completed to their standards. Once the certificate is received by either the distributor, sales rep or manufacturer the official warranty will be sent to the customer for their records. MAINTENANCE INSTRUCTIONS: FieldTurf has supplied Owner with a copy of the Maintenance Manual containing written instructions for the care and maintenance of the Surface. Owner acknowledges receipt of said Maintenance Manual and agrees to comply with and carry out the instructions contained in it as a condition of this Warranty. The terms of the Maintenance Manual are incorporated in this Warranty by reference. 41 Describe any technological advances that your proposed products or services offer. Technology Advancement: FIEDLTURF Field Visualizer Tool: I'm excited to introduce our NEW FieldTurf Field Visualizer tool. You and our customers can now create their dream field and explore different sport line combinations, colors, logos and more. This has tremendous potential to excite and impress clients in the early stage of the selling process. Please take note, this is to create a sketch of the field design, and is intended for illustrative purposes only. You / Customers will have the capability to download their drawing for future sharing, as the project advances. The download feature is gated for lead generation purposes. Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Visit the tool: https://fieldturf.com/en/field-visualizer/ GENIUS The future has arrived! Introducing FieldTurf Genius, powered by Intelligent Play. This game - changing technology is designed to help maximize the longevity, playability, and safety of your sports field. As well as allow you to track maintenance, plan more efficiently and monitor usage. Imagine a sports field that could automatically track the number of athletes playing, hours of use, and send maintenance alerts when needed. Imagine that it could then deliver in depth reporting on executed maintenance and usage, allowing you to optimize scheduling, utilization, and care. HOW DOES IT WORK? Two sensors are mounted to the facility lights or stadium press box and automatically process and convert the recordings into anonymous data for analysis. Through advanced computer vision and deep learning algorithms, live field participation is translated into tangible data. FIELDCLEANSE SANITIZATION PROGRAM The FieldCleanse Program, part of FieldTurfs multi -pronged service platform, is designed to increase safety measures for our clients and their athletes. FieldTurf, which for over 25 years has been recognized as the leader in artificial turf and player safety is proud to introduce the FieldCleanse program designed to elevate the cleanliness standards of our fields and to meet the new health and safety challenges presented by the current CORONAVIRUS (COVID-19) pandemic environment. This multi -faceted approach includes our standard guidance for Brushing, Aerating, Raking and Sweeping along with new options for those who want to sanitize their turf fields. EPA APPROVED CORONAVIRUS (COVID-19) SANITIZER FieldTurf's NEW FieldCleanse program will help deep clean your surface to combat COVID- 19. Utilizing an EPA approved coronavirus sanitizer: mPerial TM, by MPactTM Environmental Solutions, LLC, which confirms results that demonstrates the ability of the mPactTM technology to prevent and protect against the spread of the COVID-19 Virus. MPERIAL PRODUCT DETAILS: • EPA registered, FDA compliant • EPA Registration #: 10324-59-83129 It's no secret that FieldTurf pioneered what is now commonly accepted as "artificial turf." What started with our invention of long pile, infilled artificial turf has continued with numerous industry -changing innovations. Fieldturf has introduced the engineered products that are tailor made for each segment of the business and owns numerous patents that protect the company's product offering for sporting and non -sporting applications. All of Fieldturfs systems are tested using the latest equipment in the FieldTurf Innovation and Performance Center (FIPC). Located at the company's headquarters the center ensures that any and all of FieldTurfs existing and new systems set superior standards for performance in their respective classes. The state -of -the art facility is one of, if not the most advanced research laboratories in the industry. FieldTurfs development focuses on delivering safe, durable, and high performance turf systems with great value. The FIPC helps ensure that these objectives are being met. Penn State Center for Sports Surface Research In July 2009, FieldTurf and Penn State joined forces to mark a historic industry -first related to sports surface safety and development- the creation of Penn State's Sport Surface Research Center (SSRC). Today, the SSRC is the longest standing University based research center in America and is regarded as one of the foremost experts in the field of agricultural sciences and has developed a strong reputation for their efforts in synthetic turf research. WHAT Makes FieldTurf stand apart from the competition: 1. FieldTurf has a patented infill system for the highest performance that layers silica sand with cryogenic rubber. The rubber and sand particles are a similar size to stay in suspension. Total infill exceeds 9 lbs. per sq. foot on a typical FieldTurf field. The FieldTurf infill allow for optimal safety and playability. Testing proves that all rubber fields like our competitors tend to migrate easily in the rain creating divots and changes in the infill levels. This infill variation that can be found in our competitor's all rubber infill fields impacts the safety of the turf system. 2. PROVEN SAFETY: FieldTurfs focus on Safety has led to numerous injury reducing innovations and improvements. The main reason FieldTurf continues to outperform all other turf companies in reducing injury is our patented san/rubber layered infill system. The findings of long-term testing programs show that FieldTurf is safer than any other synthetic turf system and equal to — if not better than- natural grass in most critical areas of player safety. No other company can make this claim Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 3. FieldTurf fiber innovation also stands out from our competitors. Our fibers are produced at our very own facility in Germany. This state of the art facility was opened in 2010 and as a result has turned FieldTurf into one of the most vertically integrated companies in the world. The quality control process at the facility includes stringent testing of the yarn properties (tensile strength, uniformity, color verification.) 4. SURELOCK COATING- for maximum drainage. FieldTurfs patented backing offers drainage performance unequaled by any artificial turf product in the industry. A FieldTurf field is designed for all weather playability. Unlike the rest of the industry, the innovators at FieldTurf came up with a superior drainage solution for its Elite system. It's call SureLock coating. This patented system coats only the rows of fiber, leaving the rest of the carpet untouched and naturally porous. 5. MULTI -SPORT SOLUTIONS — for all sports and all levels. FieldTurf has long been the #1 choice for all sports and all levels. FieldTurfs safety, performance, and durability levels are far superior to any other system. As the world's largest synthetic turf company, you will find FieldTurf in many major stadiums, colleges, and high schools. Over 7500 fields installed. 6. SINGLE SOURCE RESPONSIBILITY- for customer security and satisfaction. FieldTurf has brought "single source responsibility" and quality to the forefront with its own manufacturing plants and quality control standards. Integrated, vertical manufacturing has paved the road toward true innovative and customer security, with fiber manufacturing, turfting, coating and testing all done in house in FieldTurf plants. FieldTurf is the only artificial turf company on the market to meet the most rigorous and comprehensive quality control standards: ISO Certified manufacturing Plants In-house fiber manufacturing In-house coating of all turf products In-house testing of each turf roll and its tuft bind Testing of infill and the verification of its grade Installation by FieldTurf certified installation crews. 7. INSURED WARRANTY- for complete peace of mind. FieldTurf was the first company in the industry to offer a third -party insured warranty. And while you'll probably never need to use it, you can rest easy knowing that you are protected by the industry's best warranty. It's peace of mind that sets FieldTurf apart from the competition. 8. INSTALLATION METHOD — for a stronger field. FieldTurf does not cut corners when it comes to installation of artificial turf fields. In order to lower their prices, many competing companies will cut corners on important installation procedures. This severely compromises the durability of the entire field. • FieldTurf has Sewn seams not glued like our competitors. • FieldTurf meticulously shears the fiber for inlaid sports markings- competitors cut the turf backing. • Precision infill layering = a safe surface • Experienced installation crews = quality assurance. 9. PROVEN DURABILITY- for a better investment. Since its inception, FieldTurf has proven to be the most durable and longest —lasting synthetic turf system in the marketplace having installed more fields that are currently 8 years or older than all other competitor installations combined. 10. FIRST-CLASS SERVICE — for your FieldTurf Experience. FieldTurf does not sever its customer relations once the contract has been signed. We take the time to follow up with each and every one of our customers in order to ensure complete and consistent customer satisfaction. Customer satisfaction remains FieldTurfs number one priority. See Attached Safe Field Build and Safe Field Studies Documents 42 Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. FieldTurfs GREEN Initiatives Leadership in Energy and Environmental Design The Leadership in Energy and Environmental Design (LEED®) Green Building Rating SystemTM represents the U.S. Green Building Council's effort to provide a national standard for what constitutes a "green building." It is utilized as a design guideline and certification tool for architects and designers seeking to develop high-performance, sustainable buildings. The ability to be flexible allows LEED to evolve, taking advantage of new technologies and advancements in building science while prioritizing energy efficiency and CO2 emissions reductions The rating system defines the requirements, by category, to achieve each prerequisite and Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C voluntary point. Projects earn one or more points toward certification by meeting or exceeding each credit's technical requirements. Points compute to a final score that relates to various levels of certification. Our synthetic turf systems for athletic fields are designed to meet stringent criteria required to earn points under numerous categories of LEED v3. Based on the USGBC criteria, our products can assist architects and designers in obtaining important credits toward LEED certification. Click here to access the USGBC website LEED 2009 for New Construction and Major Renovations Water Efficiency • WE Credit 1: Water Efficient Landscaping (2 — 4 points) Materials & Resources • MR Credit 2: Construction Waste Management (1 — 2 points) MR Credit 3: Materials Reuse (1 — 2 points) MR Credit 4: Recycled Content (1 — 2 points) • MR Credit 5: Regional Materials (1 — 2 points) LEED 2009 Existing Buildings: Operations & Maintenance Water Efficiency • WE Credit 3: Water Efficient Landscaping (1 — 5 points) FieldTurf USA, Inc. and Beynon Sports Surfaces are industry leaders in LEED certifications and environmental initiatives. FieldTurf has recycled many fields using the raw materials to create many other products including school bags, coasters and even T-shirts. The "green machine" is a patented device that physically separates the needed raw materials for re- processing and eventual integration into new products. How FieldTurf is good for the Environment Believe it or not, it is easy being green. Reducing your shower time by just one minute can save 365 gallons of water a year. Not hosing down your patio or driveway can save 960. And filling your bath tub up halfway can save 3,650. Just imagine how much water installing a FieldTurf artificial grass or synthetic turf system can save. Actually, you don't have to imagine. Installing a FieldTurf artificial grass system for home landscaping alone can save a whopping 56,000 gallons of water per year. And on an average -sized sports field, that number skyrockets to millions of gallons per year. When it comes to carbon footprints, there's simply no comparison between natural grass and FieldTurf artificial grass and synthetic turf systems. FieldTurf is lead free and 100% recyclable. We are a proud member of the U.S. Green Building Council and the Environmental Protection Agency's 'Greenscapes' program in addition to continuously setting new environmental standards throughout the synthetic turf industry. Even Greener than it looks By choosing FieldTurf artificial turf, you're becoming part of an environmental movement that not only saves clean drinking water, but also: • Eliminates impact on water resources • Eliminates the use of billions of pounds of harmful pesticides, fertilizers, fungicides and herbicides, used on natural grass, that can run off into ground water • Significantly lowers the use of natural gas and other fossil fuels needed to produce lawn care chemicals • Eliminates fuel -powered mowing, aerating, and re -seeding. Gas -powered lawn mowers alone can cause as much pollution in one hour as 10 cars. FieldTurf systems save millions of gallons of gas a year. • Eliminates grass clippings that are among the biggest landfill contributors to the greenhouse effect. During the summer months, clippings alone can account for nearly half of a community's waste. Drastically lowers the use of paper and plastic products that support maintenance Removes millions of tires from landfill sites each year • Can contribute toward numerous Leadership in Energy and Environmental Design (LEED) credits • Is less likely to provoke asthma or allergy attacks • Is not a breeding ground for the MRSA (staph) bacteria We Even Recycle... When a FieldTurf installation finally comes to the end of its long life — it continues to help our planet. FieldTurf is 100% recyclable, and we were the first company in the industry to remove entire systems and recycle them. FieldTurf systems have become "new" materials for: • School bags • Batting cages Barn mats Top dressing for natural grass Lining for highway barrels and backing for road bases Tote bags T-shirts Proven Safe for the Environment The environmental benefits of artificial grass have been well documented for years. Hundreds of studies have been completed to discover the truth about any potential risks of Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C artificial turf. Government health ministries and environmental bodies around the world have commissioned extensive research. So have world health organizations, leading universities and independent scientific committees. Elected officials have reacted to the concerns of their constituents by commissioning studies to get the facts — and each time artificial turf has been found to be safe. Occasionally, groups opposed to artificial turf systems will use creative tactics to make it seem like it they are unsafe or untested — this simply is not true. There has been extensive testing, and ample research is available. You can read what the experts have to say in independent testing, studies and reports on the potential health and environmental impact of artificial turf by downloading this collection of the actual research and conclusions. How Beynon is good for the Environment Beynon Sports Surfaces is committed to not only living up to environmental standards, but exceeding them. We lead the industry in research and development to bring our clients the most environmentally friendly products available by using natural polyols and renewable resources as well as removing hazardous materials. Every product designed and manufactured and every athletic surfacing and running track system installed by Beynon Sports Surfaces contains no heavy metals, by design. This means that every product formulated by Beynon Sports Surfaces is zero -mercury or mercury free. Our eco-components and research and development initiatives include: • 100% SOLIDS PRIMER - A two -component primer formulated for use on concrete substrates. Zero solvents are added. The primer is based on a new technology utilizing cashew oil. • ALIPHATIC COATINGS - Beynon Sports Surfaces manufactured and supplied coatings exceed all federal and state regulations for volatile organic compounds (VOC). • 100% SOLIDS 1-C SPRAY - Beynon Sports Surfaces is the only manufacturer to supply a 100% solids structural spray, thus eliminating exposure to solvents. • WATER -BASED 1-C SPRAY - A superb polyurethane spray coating for use in the application of texturing layers with no free isocyanate. Made without harmful chemicals, it's ideal for use around turf fields and enclosed areas BEYPUR 160. The best way to improve times and the environment. • BEYPUR 250 - 2-C urethane utilizing natural -based polyols for bio-based polyurethane formulations. • WATER -BASED 2-C INDOOR COATING - Odorless and solvent -free indoor coating for gymnasium and fieldhouse systems. • 2-C URETHANES - Formulated without heavy metals to create an eco-friendly and non- hazardous system. • POLYTURF PAD AND POUR LEED® CERTIFIED SYSTEM - LEED is a rating system developed by the U.S. Green Building Council to set a benchmark for the design, construction, and operation of high-performance green facilities. PolyTurf Pad and Pour was designed specifically for this market. Environmental Partners Beynon Sports Surfaces maintains its awareness in the green market place by being actively involved with organizations such as: • USGBC (US Green Building Council) • ASTM (American Standard testing Methods) • FSCT (Federal Society of Coatings Technology) • ACS (American Chemical Society) SPE (Society of Plastic Engineers It's time for... FieldTurf TotalCare With over 7,000 fields in the ground customers can benefit from FieldTurfs unmatched expertise and advanced technology to find the most economical method to replace their existing turf system. Let our experts evaluate your field and give you economic options you can live with. FieldCare is the complete package. Our comprehensive program helps you save money and ensure maximum performance on your field replacement. Here's how it works: Field Removal Our objective is simple - remove the maximum amount of infill at the lowest cost to you. Base Remediation Our team of experts will help determine if any base remediation is necessary. Field Replacement Only the best materials go back in to the field. Our assessment will help determine how much of the existing infill can be reused and how much, if any, cleaning of the infill is necessary. To find out more about this program, check out the FieldTurf lnfill Renewal guidelines. Comprehensive Maintenance The TotalCare program includes an 8-year service plan of 2 visits per year from our FieldCare team. This maintenance includes deep grooming and field rejuvenation Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C See Attached Sustainability Brochure 43 Identify any third -party issued eco- labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to -cradle), or other green/sustainability factors. FieldTurfs GREEN Initiatives Leadership in Energy and Environmental Design The Leadership in Energy and Environmental Design (LEED®) Green Building Rating SystemTM represents the U.S. Green Building Council's effort to provide a national standard for what constitutes a "green building." It is utilized as a design guideline and certification tool for architects and designers seeking to develop high-performance, sustainable buildings. The ability to be flexible allows LEED to evolve, taking advantage of new technologies and advancements in building science while prioritizing energy efficiency and CO2 emissions reductions The rating system defines the requirements, by category, to achieve each prerequisite and voluntary point. Projects earn one or more points toward certification by meeting or exceeding each credit's technical requirements. Points compute to a final score that relates to various levels of certification. Our synthetic turf systems for athletic fields are designed to meet stringent criteria required to earn points under numerous categories of LEED v3. Based on the USGBC criteria, our products can assist architects and designers in obtaining important credits toward LEED certification. Click here to access the USGBC website LEED 2009 for New Construction and Major Renovations Water Efficiency • WE Credit 1: Water Efficient Landscaping (2 — 4 points) Materials & Resources • MR Credit 2: Construction Waste Management (1 — 2 points) • MR Credit 3: Materials Reuse (1 — 2 points) • MR Credit 4: Recycled Content (1 — 2 points) • MR Credit 5: Regional Materials (1 — 2 points) LEED 2009 Existing Buildings: Operations & Maintenance Water Efficiency • WE Credit 3: Water Efficient Landscaping (1 — 5 points) FieldTurf USA, Inc. and Beynon Sports Surfaces are industry leaders in LEED certifications and environmental initiatives. FieldTurf has recycled many fields using the raw materials to create many other products including school bags, coasters and even T-shirts. The "green machine" is a patented device that physically separates the needed raw materials for re- processing and eventual integration into new products. How FieldTurf is good for the Environment Believe it or not, it is easy being green. Reducing your shower time by just one minute can save 365 gallons of water a year. Not hosing down your patio or driveway can save 960. And filling your bath tub up halfway can save 3,650. Just imagine how much water installing a FieldTurf artificial grass or synthetic turf system can save. Actually, you don't have to imagine. Installing a FieldTurf artificial grass system for home landscaping alone can save a whopping 56,000 gallons of water per year. And on an average -sized sports field, that number skyrockets to millions of gallons per year. When it comes to carbon footprints, there's simply no comparison between natural grass and FieldTurf artificial grass and synthetic turf systems. FieldTurf is lead free and 100% recyclable. We are a proud member of the U.S. Green Building Council and the Environmental Protection Agency's 'Greenscapes' program in addition to continuously setting new environmental standards throughout the synthetic turf industry. Even Greener than it looks By choosing FieldTurf artificial turf, you're becoming part of an environmental movement that not only saves clean drinking water, but also: • Eliminates impact on water resources • Eliminates the use of billions of pounds of harmful pesticides, fertilizers, fungicides and herbicides, used on natural grass, that can run off into ground water • Significantly lowers the use of natural gas and other fossil fuels needed to produce lawn care chemicals • Eliminates fuel -powered mowing, aerating, and re -seeding. Gas -powered lawn mowers alone can cause as much pollution in one hour as 10 cars. FieldTurf systems save millions of gallons of gas a year. • Eliminates grass clippings that are among the biggest landfill contributors to the greenhouse effect. During the summer months, clippings alone can account for nearly half of a community's waste. • Drastically lowers the use of paper and plastic products that support maintenance • Removes millions of tires from landfill sites each year • Can contribute toward numerous Leadership in Energy and Environmental Design (LEED) credits • Is less likely to provoke asthma or allergy attacks • Is not a breeding ground for the MRSA (staph) bacteria We Even Recycle... When a FieldTurf installation finally comes to the end of its long life — it continues to help Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C our planet. FieldTurf is 100% recyclable, and we were the first company in the industry to remove entire systems and recycle them. FieldTurf systems have become "new" materials for: • School bags • Batting cages • Barn mats • Top dressing for natural grass • Lining for highway barrels and backing for road bases • Tote bags • T-shirts Proven Safe for the Environment The environmental benefits of artificial grass have been well documented for years. Hundreds of studies have been completed to discover the truth about any potential risks of artificial turf. Government health ministries and environmental bodies around the world have commissioned extensive research. So have world health organizations, leading universities and independent scientific committees. Elected officials have reacted to the concerns of their constituents by commissioning studies to get the facts — and each time artificial turf has been found to be safe. Occasionally, groups opposed to artificial turf systems will use creative tactics to make it seem like it they are unsafe or untested — this simply is not true. There has been extensive testing, and ample research is available. You can read what the experts have to say in independent testing, studies and reports on the potential health and environmental impact of artificial turf by downloading this collection of the actual research and conclusions. How Beynon is good for the Environment Beynon Sports Surfaces is committed to not only living up to environmental standards, but exceeding them. We lead the industry in research and development to bring our clients the most environmentally friendly products available by using natural polyols and renewable resources as well as removing hazardous materials. Every product designed and manufactured and every athletic surfacing and running track system installed by Beynon Sports Surfaces contains no heavy metals, by design. This means that every product formulated by Beynon Sports Surfaces is zero -mercury or mercury free. Our eco-components and research and development initiatives include: • 100% SOLIDS PRIMER - A two -component primer formulated for use on concrete substrates. Zero solvents are added. The primer is based on a new technology utilizing cashew oil. • ALIPHATIC COATINGS - Beynon Sports Surfaces manufactured and supplied coatings exceed all federal and state regulations for volatile organic compounds (VOC). • 100% SOLIDS 1-C SPRAY - Beynon Sports Surfaces is the only manufacturer to supply a 100% solids structural spray, thus eliminating exposure to solvents. • WATER -BASED 1-C SPRAY - A superb polyurethane spray coating for use in the application of texturing layers with no free isocyanate. Made without harmful chemicals, it's ideal for use around turf fields and enclosed areas BEYPUR 160. The best way to improve times and the environment. • BEYPUR 250 - 2-C urethane utilizing natural -based polyols for bio-based polyurethane formulations. • WATER -BASED 2-C INDOOR COATING - Odorless and solvent -free indoor coating for gymnasium and fieldhouse systems. • 2-C URETHANES - Formulated without heavy metals to create an eco-friendly and non- hazardous system. • POLYTURF PAD AND POUR LEED® CERTIFIED SYSTEM - LEED is a rating system developed by the U.S. Green Building Council to set a benchmark for the design, construction, and operation of high-performance green facilities. PolyTurf Pad and Pour was designed specifically for this market. Environmental Partners Beynon Sports Surfaces maintains its awareness in the green market place by being actively involved with organizations such as: • USGBC (US Green Building Council) • ASTM (American Standard testing Methods) • FSCT (Federal Society of Coatings Technology) • ACS (American Chemical Society) • SPE (Society of Plastic Engineers It's time for... FieldTurf TotalCare With over 7,000 fields in the ground customers can benefit from FieldTurfs unmatched expertise and advanced technology to find the most economical method to replace their existing turf system. Let our experts evaluate your field and give you economic options you can live with. FieldCare is the complete package. Our comprehensive program helps you save money and ensure maximum performance on your field replacement. Here's how it works: Field Removal Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Our objective is simple - remove the maximum amount of infill at the lowest cost to you. Base Remediation Our team of experts will help determine if any base remediation is necessary. Field Replacement Only the best materials go back in to the field. Our assessment will help determine how much of the existing infill can be reused and how much, if any, cleaning of the infill is necessary. To find out more about this program, check out the FieldTurf Infill Renewal guidelines. Comprehensive Maintenance The TotalCare program includes an 8-year service plan of 2 visits per year from our FieldCare team. This maintenance includes deep grooming and field rejuvenation See 3rd Party Eco Labels Attachment Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 44 Describe any Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. Although FieldTurf nor Tarkett Sports specifically hold any WMBE or other Minority based certifications, we do make it a point to work with many subcontractors who do. Please see the attached FieldTurf Subcontract marketing plan that provides a breakdown of these categories that many of our subcontractors are associated with. FieldTurf USA, Inc. provides the following separate dollar and percentage goals, which are a percentage of the total subcontracting dollars for each business category: 1. Estimated TOTAL dollars planned to be subcontracted to all types of concerns (generally for both commercial and government business, in support of commercial items sold during company fiscal year): Annual Commercial Purchases/Spend: $185,000,000 = 100% subcontracted 2. Total dollars planned to be subcontracted to those classified as Other Than Small Business concerns: Annual Commercial Purchases/Spend: $_99,000,000_ = 53.5% of Total 3. Total dollars planned to be subcontracted to all Small business concerns (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB small business concerns: Annual Commercial Purchases/Spend: $86,000,000_ = 46.5% of Total REMEMBER: COMPUTE THE PERCENTAGE FOR THE FOLLOWING BY USING THE TOTAL DOLLARS LISTED IN #1 ABOVE: 4. Total dollars planned to be subcontracted to veteran -owned small business concerns (including service -disabled veteran -owned small businesses): Annual Commercial Purchases/Spend: $_5,550,000 = 3% of Total 5. Total dollars planned to be subcontracted to service -disabled veteran -owned small business concerns (subset of VOSB above and cannot be higher than #4 above): Annual Commercial Purchases/Spend: $_5,550,000 = 3% of Total 6. Total dollars planned to be subcontracted to HUBZone small business concerns: Annual Commercial Purchases/Spend: $_5,550,000 = 3 % of Total 7. Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes): Annual Commercial Purchases/Spend: $_9,250,000 = 5% of Total 8. Total dollars planned to be subcontracted to women -owned small business concerns: Annual Commercial Purchases/Spend: $_9,250,000 = 5% of Total . DESCRIPTION OF METHOD USED TO DEVELOP SUBCONTRACTING GOALS: FAR 19.704(a)(4) and the clause at 52.219-9(d)(4) require a description of the method used to develop the subcontracting goals. Explain or state the basis for establishing your proposed goals (i.e. based on historical data and experience, market research, etc.). FieldTurf USA, Inc. used the following method to develop the subcontracting goals: • Use historical data and company experience to forecast o Evaluate accounting $ history in order to help project realistic future goals • Contact current suppliers to properly identify their business size and minority status, if applicable. o New process has been set up as of Oct. 2015 to obtain the Size Self Certification Form from each FieldTurf subcontractor. This system has been integrated into the accounting system so all subcontractors can be properly classified. In 2020 FieldTurf obtained over 40 more Size Self Certification forms and will continue to obtain more in 2021. • Contact businesses that we know are located in HubZones and encourage them to apply. • Continue the use of SBA.gov to help discover veteran -owned small business and SDVOSB. • Keep records of all subcontracting companies (both direct and indirect). o File all size -certification forms • Award and administer contracts for goods and services in a non-discriminatory manner. See FieldTurf and Beynon Subcontractors that meet Small Business Attachment See FieldTurf SubK Plan attachment 45 What unique attributes does your FIELDTURF'S QUALITY CONTROL IN MANUFACTURING company, your products, or your a FieldTurf owns and operates its own manufacturing plant in North America. Both tufting Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C services offer to Sourcewell participating entities? What makes your proposed solutions unique in your industry as it applies to Sourcewell participating entities? of the field fibers into the backing materials and coating of the turf system are be done in- house. Outsourcing of either is unacceptable. FieldTurf has full-time certified in-house inspectors at our manufacturing plant that are experts with industry standards. b FieldTurfs full-time in-house certified inspectors shall perform pre -tufting fiber testing on tensile strength, elongation, tenacity, denier, shrinkage, and twist i.e., turns per inch, upon receipt of fiber spools from fiber manufacturer. c Primary backing shall be inspected by the FieldTurfs full-time certified in-house inspectors before tufting begins. d FieldTurfs in-house certified inspectors shall verify "pick count", yarn density in relation to the backing, to ensure the accurate amount of face yarn per square inch. e FieldTurf's full-time, in-house, certified inspectors shall perform turf inspections at all levels of production including during the tufting process and at the final stages before the turf is loaded onto the truck for delivery. f FieldTurf shall have its own, in-house laboratory where samples of turf are retained and analyzed, based on standard industry tests, performed by full-time, in-house, certified inspectors. g FieldTurf has ISO 9001, ISO 14001, and ISO 45001-2018 certifications demonstrating its manufacturing efficiency with regards to quality, environment and safety management systems. FieldTurf is the only artificial turf company on the market to meet Q6, the most rigorous and comprehensive of quality control standards. The Q6 standard encompasses the six essential elements of quality control in relation to artificial turf; the ownership and management of a manufacturing plant, the testing of each roll fiber, the testing and grade of the infill, the success of certified in-house installation crews, the issuing of a 3rd Party insured warranty, and the accessibility and responsiveness of the customer service department. By conforming to Q6 standards, FieldTurf is able to ensure the success, safety and durability of every one of its FieldTurf fields. FieldTurf is vertically integrated for complete control FieldTurf is the only artificial turf manufacturing operation in North America and Canada to have received three specific ISO certifications. ISO 9001, ISO 14001 and ISO 45001-2018 certified for leadership in quality, environment and safety management systems. Our Calhoun, GA facility represents one of the only artificial turf manufacturing operations in North America to have receive these ISO certifications. FIBER PRODUCTION: FieldTurf fibers are produced at Tarkett's very own facility in Germany. The quality control process at the facility includes stringent testing of the yarn properties (tensile strength, uniformity, color verification) To ensure FieldTurfs standards are unmatched, a rigorous quality control process (based on extensive testing and inspections) is undertaken with every field that is put into production. First, yarn testing is performed, which includes tensile strength, elongation, tenacity, denier, shrinkage, and twist (turns per inch). The primary backing is inspected and the "pick count" or yarn density in relation to the backing- is verified to ensure the right amount of face yarn per square inch. Each tufting operator verifies the pile weight and pile height of the yarn to make sure that quality requirements are met every step of the way. If the pile weight is off by even the slightest amount, then it does not meet FieldTurfs stringent standards and the turf is reproduced to exact measurements. Testing continues throughout the entire tufting process until all rolls for a field are complete. Once the rolls are complete, the fiber rows on the backing of each roll are carefully coated with polyurethane to complete Fieldturfs patented finger -unit backing design for enhanced fiber strength and optimal drainage efficiency. FieldTurf has full-time experienced coating inspectors at their facility in Calhoun, GA to ensure that the coasting is applied properly. Once small error and the roll is pulled from the line and reproduced. Once the coating process is complete, every component of the finished carpet undergoes final inspection before it is packaged and loaded onto the trucks for transportation to the job site. Each roll of carpet is numbered and positioned in the exact order that it will be loaded onto the transporters. Once on site, the rolls are unloaded and laid on the field in the specific order that was planned and designed by the head office engineering department. For every 5 rolls that are produced at the plant, a 2 ft by 15ft sample of turf is retained by the FieldTurf Research & Development department in Calhoun. These samples are carefully filed under the name of the corresponding field. This way the project can be verified through completion and beyond while the turf samples are analyzed on a regular basis. The state-of-the-art plan located in Calhoun is a big reason why FieldTurf is the number one choice of professional teams, high schools, colleges, and facility managers around the world. FieldTurfs ability to ensure the quality of its raw materials and its manufacturing from start to finish is the reason why it enjoys the best record for on -time delivery of its projects. FieldTurf Removal and disposal of existing turf unique process: FieldTurf's process to removal turf in most cases is to use state of the art laser equipment allowing us to work efficiently in tight areas as well as wide-open fields. FieldTurf systematically cuts up and rolls up the field then trucks it away. Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Fields are removed in wide strips with minimal disruption to the base, and infill is removed and separated. Both can be repurposed or recycled keeping turf and infill out of landfills. Current turf or infill recycle programs: RECYLCING OLD INFILL INTO new clean INFILL. ECOMAX infill- the infill system utilized extruded composite pellets made up of recycled post- industrial turf and thermoplastic elastomer that offers a green solution without sacrificing performance and durability. FINDING NEW HOMES: Many aged sports fields have been repurposed for landscape or recreational use. The system might no longer be right for competitive activities but still has a lot of life for other settings. We encourage and help organizations donate their aged surface to local communities. GREENBOARD- The innovative technology combines "non -recyclable" plastics and post - consumer turf to make a durable and 100% recycled fiber- reinforced composite board with zero wood content. In the future: When it comes to waste, FieldTurf has a simple mission: create a future where none of our products ever makes it to a landfill. Getting there isn't just a journey; it's a quest. It's why we've devoted our research and development efforts to tackle the complexity require to recycle old turf. It's why we repurpose key materials from end -of -life installations to create the advanced components of future products. The first stage in the construction and installation of a new artificial turf field is to prepare the site by removing the existing surface. The existing surface might be an old artificial turf field or paved asphalt, but in most cases it will be a sod field or another organic layer. Dealing with clay soils presents another construction challenge as it becomes extremely hard when dry and develops a slippery, gummy texture when wet. Clay soils are also subject to freeze thaw action which means that it must be removed or remediated to a suitable depth in order to create a stable base. Remediation can include creating separation from the base with the use of a liner, stabilizing them with cement or fly ash or a combination of all of these. For a complete list of options be sure to discuss this with your soils engineer. With most artificial turf field construction projects measuring 80,000 square feet a significant amount of topsoil should be temporarily removed from the site and set aside for reintroduction at a later point in time. This naturally occurring topsoil can in some instances take over 1000 years to evolve, making it a resource worth preserving. Often, laws are put in place that require the approval of a soil and erosion control plan before the start of any construction in order to ensure proper preservation. In some cases, before construction can begin the sterilization of the site might be required. The surrounding areas to the site can be used as an indication into the potential need for treatment. By monitoring nearby sidewalks, parking lots or any other pavement area for signs of weed growth, heaving, bulging, dips or cracking, you will be able to determine the need for sterilization. Should sterilization be needed, only an experienced professional sterilization service should be used in order to achieve the best results. The 1st stage of construction is to implement proper erosion and sediment controls as necessary to local standards. This usually involves a stone construction entrance and silt fence. NEW FieldTurf Field Visualizer tool. You and our customers can now create their dream field and explore different sport line combinations, colors, logos and more. This has tremendous potential to excite and impress clients in the early stage of the selling process. Please take note, this is to create a sketch of the field design, and is intended for illustrative purposes only. You / Customers will have the capability to download their drawing for future sharing, as the project advances. The download feature is gated for lead generation purposes. Visit the tool: https://fieldturf.com/en/field-visualizer/ Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 46 Do your warranties cover all products, parts, and labor? - Yes, FeldTurfs warranty is one of the best in the business and cover all products, parts, and labor. We're not scared to back up what we preach. You'll probably never need to use our premier warranty, but if you do, you can rest easy knowing you're protected. We were the first company in the industry to offer a third -party insured warranty, and we continue to lead the way. Don't jeopardize your energy, time, and investment; protect it: o PREPAID FOR 8-YEARS You should never have to pay for a warranty. Make sure yours doesn't have a buy -in cost. o NO DEDUCTIBLE, $0 OUT OF YOUR POCKET Because if there is an issue, you shouldn't have to pay. o PER CLAIM & AGGREGATE LIMIT OF $33,000,000 What's a warranty good for if there are no funds remaining when you need it. Make sure you're actually covered. EXCLUSIVE 10-YEAR WARRANTY ON OUR CORE SYSTEM 47 Do your warranties impose usage restrictions or other limitations that adversely affect coverage? FieldTurfs standard warranty has a limit of 3,000 hours 48 Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? Yes, it does. Our customers are not billed for anything when warranty repairs are performed. 49 Are there any geographic regions of the United States or Canada (as applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? No geographical limitations. FieldTurf has a leading warranty with unmatched coverage in the United States and Canada. FieldTurf is one of only a few companies with in-house maintenance teams as well as a host of external partners. 50 Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? The FieldTurf warranty is all inclusive and covers any items that are part of our proposal, specifically any items that are part of the artificial turf system. Moreover, we're in control from start to finish. We manage all aspects of the manufacturing value chain, which allows us to deliver products with proven leading quality. A supplier that doesn't have full control over manufacturing has to purchase elements or outsource aspects of the process, increasing the chance of issues or finger -pointing and potentially leaving customers out in the cold. Note: From time to time FieldTurfs proposals include non -turf items (lighting, construction) and any warranties provided by those suppliers would be passed on to the customer. 51 What are your proposed exchange and return programs and policies? Due to the nature of our product there is not an exchange or return policy or program in place. 52 Describe any service contract options for the items included in your proposal. Field Maintenance Options: Service contract options for the items included in FieldTurfs proposal: FieldTurf FieldCare 1, 5, 8 year options: 2 Visits per Year (Continental US only, excludes Alaska and Hawaii). FieldCare is a national maintenance program geared towards making FieldTurf synthetic turf field systems perform at their optimal level for even longer. FieldTurfs FieldCare Maintenance Program will support years of consistent, high performance to your field and let you maximize your investment. Consult with your FieldCare Service Manager to find the FieldCare program that's right for you. (Additional charges may apply for alternate infill fields) FieldTurf PureCare: 1, 5, 8 year options: 3 Visits per year. Field Assessment summary, infill depth measurements, select warranted seam and inlay repairs (not to exceed 8), perimeter debris cleaning, Cork infill replenishment (max 1 supersack of cork at15001bs per year across the 3 visits) if necessary for infill topdressing material, field infill decompaction (only if needed), field magnet sweeping for metal debris, surface temperature reading, static brush in multiple directions to redistribute infill, application of Anti -static spray during and after maintenance service (5 bottles ber session). G-Max testing: one per year to be performed right after 2nd maintenance visit. It's time for... FieldTurf TotalCare With over 7,000 fields in the ground customers can benefit from FieldTurfs unmatched expertise and advanced technology to find the most economical method to replace their existing turf system. Let our experts evaluate your field and give you economic options you can live with. FieldCare is the complete package. Our comprehensive program helps you save money and ensure maximum performance on your field replacement. Here's how it works: Field Removal Our objective is simple - remove the maximum amount of infill at the lowest Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C cost to you. Base Remediation Our team of experts will help determine if any base remediation is necessary. Field Replacement Only the best materials go back in to the field. Our assessment will help determine how much of the existing infill can be reused and how much, if any, cleaning of the infill is necessary. To find out more about this program, check out the FieldTurf Infill Renewal guidelines. Beynon Sports Surfaces Maintenance Options: Beynon service contract options can be customized to fit each individual customers needs. Beynon Sports is committed to providing customers the highest level of workmanship and customer service. Beynon stands behind our products and the experience of working with Beynon Sports. It is our goal that each client that utilizes a sports surface or athletic surfacing component designed and manufactured by Beynon Sports be 100% satisfied. Any deficiencies in providing the highest level of service will be addressed immediately. Beynon Sports employees are committed to diligently executing each of our duties thoroughly and conscientiously. Our highly skilled professionals design, engineer, manage and service each project, and we carefully ensure that our products meet your unique specifications from beginning to end. • Track Re -Striping: Track striping to bring your track's lines back to life. Six, eight or nine lane tracks ranging from non -competition tracks, middle and high school level competition facilities and College and Universities. Matching of all associated line striping for your facility includes lane lines, event markings and lettering. • Track Cleaning (FastTrack): Cleaning your track free of dirt and debris to protect your track surface from abrasive materials and aesthetically enhancing it. Sweepers and blowers are used to clean topical debris and water can be used (Owners choice) for deeper cleaning. • Track surface removal and Disposal work involves the removal and disposal of an existing synthetic track surface up to 13mm in thickness. This work can be performed in preperation for the installation of a new FieldTurf or Beynon Track surface. Price applies to projects that are 3500 sy or more. • FAST TRACK 1: One (1) time track maintenance visit to wash and restripe the synthetic running track. Inspection site report included. • FAST TRACK 3: Three (3) year track maintenance program. Services include annual site visits to maintain the synthetic running track and include three (3) track washings and one (1) line restripe to the synthetic running track. Inspection site report included per visit. • FAST TRACK 5: Five (5) year track maintenance program. Services include annual site visits to maintain the synthetic running track and include five (5) track washings and one (1) line restripe to the synthetic running track. Inspection site report included per visit. • FAST TRACK 8: Eight (8) year track maintenance program. Services include annual site visits to maintain the synthetic running track and include eight (8) track washings and one (1) line restripe to the synthetic running track. Inspection site report included per visit. Table 10: Payment Terms and Financing Options Line Item Question Response 53 Describe your payment terms and accepted payment methods. Standard Turf and Track Sales Agreement Payment Schedule: The purchase price for the Product- shall be [ENTER PURCHASE PRICE] DOLLARS AND 00/100 ($)0XX,XX(.00) (the "Purchase Price") plus any other applicable taxes and/or any bonding costs. The Price is subject to increase if affected by a tax increase, new taxes, levies or any new legally binding imposition affecting the transaction, and any such increase shall be subject to the approval of the Customer, such approval not to be unreasonably withheld, delayed or denied. The Purchase Price shall be payable to Supplier by way of wire Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C transfer or banker's check in accordance with the following payment schedule: i. Fifty percent (50%) of the Purchase Price due upon Customer's execution of this Agreement; ii. Forty percent (40%) of the Purchase Price upon shipment of the Product from Supplier's manufacturing facility; iii. Remaining balance ten percent (10%) upon substantial completion of the field, which shall be achieved when Customer is able to use the field for its intended purpose, even if punchlist items remain and the Certificate of Completion has not been executed by Customer. Supplier will issue an invoice to Customer upon the occurrence of each of the events listed above, and payment of each invoice is due within 10 days following the date to the applicable invoice. Supplier shall be entitled to recover all costs and expenses, including attorney fees, associated with collection procedures in the event that Supplier pursues collection of payment of any past due invoice. Any unpaid balance bears interest at a rate of ten percent (10%) per year. Standard Sales Agreement Payment language for CONTRACT with SITE WORK: The purchase price for the Product fully installed, shall be [write out dollar amount here] (the "Purchase Price") plus any other applicable taxes and/or any bonding costs. The Price is subject to increase if affected by a tax increase, new taxes, levies or any new legally binding imposition affecting the transaction. The Purchase Price shall be payable to Supplier by way of wire transfer or banker's check in accordance with the following payment schedule: 1.1 Thirty-five percent (35%) of the Purchase Price due upon Customer's execution of this Agreement; 1.2 Twenty percent (20%) of the Purchase Price due upon completion of the base and/or civil related work; 1.3 Thirty-five percent (35%) of the Purchase Price upon shipment of the synthetic turf materials from Supplier's manufacturing facility; 1.4 Remaining balance of ten percent (10%) upon substantial completion of the field, which shall be achieved when Customer is able to use the field for its intended purpose, even if punchlist items remain and the Certificate of Completion has not been executed by Customer. Supplier will issue an invoice to Customer upon the occurrence of each of the events listed above, and payment of each invoice is due within ten (10) days following the date to the applicable invoice. If this project is located in a state in which release of final payment and/or retainage is governed by statute or other applicable law, Customer shall use its best efforts to undertake all appropriate measures, including without limitation the recording of a notice of completion, so that final payment hereunder, including retainage, if any, shall be released to Supplier without delay. In all cases, Supplier shall be entitled to receive final payment, including retainage, if any, no later than the earliest eligible date according to applicable statute or law. If the lawful payment or release is delayed through no fault of Supplier, Owner shall pay Supplier interest thereon at the rate indicated below, as of the date when payment or release first became due by law. Supplier shall be entitled to recover all costs and expenses, including attorney fees, associated with collection procedures in the event that Supplier pursues collection of payment of any past due invoice. Any unpaid balance bears interest at a rate of ten percent (10%) Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C per year or at the legal rate to the extent required by applicable law or statute. FieldTurf accepts PO, AIA Contract, FieldTurf Sales Agreement or customer's preferred contract (upon FieldTurf review and acceptance). Forms of payment include check or wire/HCA (no credit card). SEE ATTACHED SALES AGREEMENT Examples 54 Describe any leasing or financing options available for use by educational or governmental entities. Yes, FieldTurf Financial is the financing division for FieldTurf and Tarkett Sports. Details depend on individual educational or governmental entity. - Make the most of your budget with total project solutions, including complete field design, construction and integration costs. - Ease the costs of your turf project with monthly, quarterly or annual payments that match the timing of fiscal budgets. - Costs are aligned to FieldTurfs useful life, allowing the playing surface to pay for itself over time. - Generally compatible with municipal financing annual budget appropriation requirements. - Helps hedge inflation by budgeting today's costs to current revenues and tomorrow's costs to future revenues. - Efficient payment solution allocated over multiple budget periods. Municipalities and Education: FieldTurfs Municipal and Education and Payment Program is tailored to meet the needs and requirements of municipalities, public and private school systems, allowing flexible and efficient operations. Key Benefits Include: - 100% Financing - Fast, easy application process - 24 to 96 month terms - Superior systems and support for efficient billing and collecting. - Ability to cancel in the event of non -appropriation of budget funds. - Interest may be exempt from federal and state income tax. - Generally not subject to state bid laws. 55 Describe any standard transaction documents that you propose to use in connection with an awarded contract (order forms, terms and conditions, service level agreements, etc.). Upload a sample of each (as applicable) in the document upload section of your response. FieldTurf will generate a proposal and once customer approves the proposal they can issue a purchase order or enter into a variety of sales agreements. See the standard FieldTurf Sales agreement. We allow for AIA contracts or the customer's specific contract of choice (must be reviewed by FieldTurf legal team). See Attached Sourewell Price Breakdown example See Attached full Sourcewell proposal example See Attached Sales Agreements. 56 Do you accept the P-card procurement and payment process? If so, is there any additional cost to Sourcewell participating entities for using this process? No- at this time FieldTurf cannot accept the P-Card Procurement and Payment process. Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response 57 Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. FieldTurfs pricing model is line -item product pricing with discounts. Note that pricing is set as a Not -to -exceed- so individual project proposals may provide a price that is less than the Proposed Sourcewell Contract price. FieldTurf offers a 9% discount for Sourcewell customers off of our commercial price list/MSRP. Volume discounts are also available based on project specific sq. footage or multiple field, track, court surfacing purchases. SEE attached Price Spreadsheet for details and pricing on all products Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 58 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. FieldTurf will offer a 9% discount to Sourcewell customers off of MSRP/Commercial list price. 59 Describe any quantity or volume discounts or rebate programs that you offer. Quantity or volume discounts are available but vary based on the magnitude of the scope of work, the amount of sq. footage being purchased, and other project specific variables. Discounts provided on a case -by -case basis. It is the overall goal to provide customers the best price option and to retain customers. Volume Discounts are available on supply and installation of turf surfacing and related site work on a case -by -case basis and will be discussed with owner and SOURCEWELL to determine an acceptable discount based on the applicable volume. 60 Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. For any products/services that are necessary to the project but are not listed on the FieldTurf Price/Product list, FieldTurf uses either RS MEANS/Gordian Unit Book Pricing or Alternative Costing Method (for custom specific items). If site work is required: Alternative Method of Costing covers any product and/or service not covered by catalog pricing, published price list, line -item price list, automated system for pricing, or is a product and /or service due to the projects or applications specifications, conditions and /or requirements that need to be custom designed, developed, manufactured and /or produced to meet the requirements of an individual project or sole source. If site work is required: Unit Price Book via RS MEANS estimate will be obtained for projects with site work line items not included in FieldTurf SOURCEWELL product pricing spreadsheet. RS MEANS is self-contained and consists of a turn -key solution that includes a complete line -item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf reserves the right to offer a discount to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. 61 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. FieldTurf unit price spreadsheet includes shipping, installation, mandatory training, and initial inspection for all of the continental USA. Hawaii, Alaska, and some remote areas of Canada may be subject to additional shipping, mobilization, per diem, and miscellaneous charges. Additional time and project schedule adjustments for shipping and installation outside of the continental US may also be necessary. Additional charges for projects outside of the continental US are project specific based on scope of work. 62 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. FieldTurf unit price spreadsheet includes shipping, installation, mandatory training, and initial inspection for all of the continental USA. Hawaii, Alaska, and some remote areas of Canada may be subject to additional shipping, mobilization, per diem, and miscellaneous charges. Additional time and project schedule adjustments for shipping and installation outside of the continental US may also be necessary. Additional charges are project specific based on scope of work. 63 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. FieldTurf unit price spreadsheet includes shipping, installation, mandatory training, and initial inspection for all of the continental USA. Hawaii, Alaska, and some remote areas of Canada may be subject to additional shipping, mobilization, per diem, and miscellaneous charges. Additional time and project schedule adjustments for shipping and installation outside of the continental US may also be necessary. Additional charges are project specific based on scope of work. 64 Describe any unique distribution and/or delivery methods or options offered in your proposal. FieldTurf does not have unique delivery methods Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: Comments 65 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Table 13: Audit and Administrative Fee Line Item Question Response 66 Specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. Any SOURCEWELL related proposals that are generated will be reviewed by a FieldTurf SmartBuy representative who approves the proposal for SOURCEWELL pricing compliance. Furthermore, a SOURCEWELL breakdown can also be provided that proves to the customer which product line and price are shown on the proposal for audit and full transparency purposes. The breakdown document is the link between Sourcewell approved price schedule and the FieldTurf proposal. This document is used often to satisfy audit, compliance, and price justification requirements. All distributors, internal project managers, sales teams, etc know that SOURCEWELL proposals must go through SmartBuy —the FieldTurf cooperative purchasing division for a rigorous evaluation process to confirm compliance with SOURCEWELL Master Agreement pricing. Attached is a sample FieldTurf SOURCEWELL breakdown. 67 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract. SmartBuy is the FieldTurf cooperative purchasing division. SmartBuy is responsible for tracking the success of our Sourcewell contract. In the FieldTurf internal accounting system, SysPro, the Project Managers are able to make a designation for Sourcewell so any proposals that are generated can be continuously tracked until they are awarded. SmartBuy also keeps a master job list. Over the past 17 years, FieldTurf has had over $200M in contract value sales through NJPA/Sourcewell in over 36 states. We also plan to have continued communication with our Sourcewell team. See attached Sourcewell/NJPA Project List 68 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) FieldTurf is prepared to pay Sourcewell 1.25% on the total contract value of our projects that are purchased and through the Sourcewell contract. On a case -by -case basis, there may be times when FieldTurf requests a lower fee to be paid due to unique circumstances. A lower fee will only be paid when agreed upon by both parties. FieldTurf will remit the fee to Sourcewell once the project is complete and the customer has paid in full. Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Item Response 69 Provide a detailed description of the equipment, products, and services that you are offering in your proposal. FieldTurf Product Offering — See pricing sheet for descriptions, details, and prices Turf Products: FieldTurf Synthetic Turf Systems FieldTurf CORE 2.5/2.25/2.0" FieldTurf Revolution 360 2.5/2.25/2.0" FieldTurf Classic HD 2.5/2.25/2.0" FieldTurf XM7 2.5/2.25/2.0" Fieldturf XT 2.5/2.25/2.0" FieldTurf Vertex Prime 2.5/2.25/2.0" FieldTurf Vertex Prime CORE 2.5/2.25/2" FieldTurf Vertex 2.5/2.25/2.0" FieldTurf Hockey Speed FieldTurf Hockey Gold FieldTurf EasyField — Removable Tray System FieldTurf DoublePlay Speed Baseball Infield/Outfield Fieldturf Double Play Natural Baseball Infield/Outfield FieldTurf TripleThreat Speed Softball Infield/Outfield FieldTurf TripleThreat Natural Softball Infield/Outfield FieldTurf Recover — Replacement Overlay FieldTurf Removable Batter/Umpire Area Baseball System FieldTurf Pitching Mound and Home Plate System Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Turf Inlaid Markings and Ancillary Items FieldTurf Inlaid Football Numbers/Arrows FieldTurf Inlaid Hash marks FieldTurf Inlaid Soccer Markings FieldTurf Logo FieldTurf — Endzone Letters FieldTurf - Field Hockey Lines FieldTurf - Lacrosse Lines FieldTurf - Baseball Lines FieldTurf — Flag Football Lines FieldTurf - Softball Lines FieldTurf — Football Restraining Lines FieldTurf — Lacrosse Tick Marks Testing/Field Monitoring/Misc Services: FieldTurf — GMAX FieldTurf Preshipment Testing FieldTurf Genius Turf removal/Disposal Supply and Installation of Natural Grass FieldTurf Underlayment Options Beynon E-Layer PDS Drain Tiles Proplay — Proplay PowerBase Pro ThermaGreen 23mm ThermaGreen V Brock Powerbase Brock SP 14 Beynon Shock Base 19mm-26mm Versatile FieldTurf Alternate Turf InfiII Options: FieldTurf CoolPlay EPDM EASY Fill — Coated Sand EnviroFill ECO-GRIND ECO-GREEN ECO-MAX PUREFILL — Cork PURESELECT — Olive Pits PURE GEO- Coconut TrueBlend FieldTurf Turf Grooming and Maintenance Options FieldTurf GroomRight FieldTurf SweepRight FieldTurf SweepRight Pro FieldTurf Groomright Wings FieldTurf Tow Behind Magnet FieldTurf Static Brush FieldTurf Sweep FieldCare Maintenance Packages: 1, 5, 8 PureCare Maintenance Packages 1, 5, 8 SaniSport FieldTurf Cleanse Complete FieldTurf Landscaping and Golf Options —EASYTURF FieldTurf Command CORE FieldTurf Command Performance FieldTurf Command Play Nutmeg FieldTurf Command Play Olive FieldTurf Command Duo FieldTurf Power Play Fit Turf FieldTurf EasyPlay FieldTurf EasyPlay Color FieldTurf Classic HD Sports Turf FieldTurf Classic HD Sports Turf color FieldTurf Tru-Roll Putting Green FieldTurf EasyTurf Signature Pro Tee Turf FieldTurf EasyTurf Signature Pro Driving Range Turf FieldTurf Playground Pad 12" FieldTurf Playground Pad 5" Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C EasyTurf Putting Green Pad 1/4" Running Track Surfacing Solutions Latex and Beynon Urethane Track Surfaces L-2000 Black or Red Polyresin (13mm) Poly-4000 Beynon - BSS 50 Beynon- BSS-100 Beynon-BSS-200 Beynon-BSS-300 Beynon- BSS-1000 10mm Beynon- BSS-1000 13mm Beynon-BSS-1000 ML Beynon-BSS-2000 13mm Resurfacing on an Existing Rubber Running Track Top -Coat (latex track) Black or Red Polyresin Resurfacing Beynon BSS-50RE Beynon-BSS -100RE Beynon-BSS-200RE Beynon-BSS-300RE Beynon-BSS-2000 RE 5mm Beynon-BSS-2000 RE 7mm Beynon WaterBased Spray WBSS Beynon Hobart Coating Track Misc. items Beynon- In -situ -Base Track Restriping Track Cleaning Fast Track 1 Fast Track 3 Fast Track 5 Fast Track 8 Field/Track/Court Equipment and Accessories Pole Vault Pit Take off Boards Shot Put Toe Boards Shot Put Rings Discus Rings Combination Hammer/Discus Cage Hammer/Discus Conversion Ring Water Jump Hurdle with Sleeves Water Jump Cover Removable Track Curbing Long jump Sand pits and traps Sand for Sand Pits and Traps Football Goal Posts -Set Access Frame Kit with InfiII retainer System for Adjust Right Football Goal Posts Set Soccer Goals -Set Soccer Goal Wheel Kit Batting Cages Outdoor Court Options Outdoor Court Surfacing — Plexipave Court Crack Repair Site Work: Site Work includes but is not limited to any construction necessary to build base for Turf, Track, or Court surfaces to be placed on. New Construction — Sq. foot/yard pricing is for supply and installation of sports surfacing only. FieldTurf is prepared to offer turn -key solutions for the construction of the base of running tracks, courts, indoor flooring projects and fields through use of RS Means. The best value pricing for base or civil work is obtained through this costing method. Site work or new construction may include but is not limited to: removal and disposal of existing sports surface, lighting, demolition, excavation, rock base aggregate, top rock, asphalt, concrete, sidewalks, turf shock absorption underlayment such as a -layer or padding, tie in to existing drainage, drainage systems, conduits, fencing, crack repair, asphalt repair, etc. which can be purchased through RS MEANS. Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C RS MEANS is self-contained and consists of a turn -key solution that includes a complete line -item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf reserves the right to offer a discount or "adjustment down" to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. Professional Services for any site work project 1. Project design, development or consultant/construction management. 2. Professional engineering services. 3. Installer/admin (tradesman) (not related to turf, track, or court installation. Project Administrator costs for site work See Attached Product Specifications 70 Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. Track Misc. items Beynon- In -situ -Base Track Restriping Track Cleaning Fast Track 1 Fast Track 3 Fast Track 5 Fast Track 8 Field/Track/Court Equipment and Accessories Pole Vault Pit Take off Boards Shot Put Toe Boards Shot Put Rings Discus Rings Combination Hammer/Discus Cage Hammer/Discus Conversion Ring Water Jump Hurdle with Sleeves Water Jump Cover Removable Track Curbing Long jump Sand pits and traps Sand for Sand Pits and Traps Football Goal Posts -Set Access Frame Kit with InfiII retainer System for Adjust Right Football Goal Posts Set Soccer Goals -Set Soccer Goal Wheel Kit Batting Cages Site Work: Site Work includes but is not limited to any construction necessary to build base for Turf, Track, or Court surfaces to be placed on. New Construction — Sq. foot/yard pricing is for supply and installation of sports surfacing only. FieldTurf is prepared to offer turn -key solutions for the construction of the base of running tracks, courts, indoor flooring projects and fields through use of RS Means. The best value pricing for base or civil work is obtained through this costing method. Site work or new construction may include but is not limited to: removal and disposal of existing sports surface, lighting, demolition, excavation, rock base aggregate, top rock, asphalt, concrete, sidewalks, turf shock absorption underlayment such as a -layer or padding, tie in to existing drainage, drainage systems, conduits, fencing, crack repair, asphalt repair, etc. which can be purchased through RS MEANS. RS MEANS is self-contained and consists of a turn -key solution that includes a complete line -item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf reserves the right to offer a discount or "adjustment down" to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. Professional Services for any site work project 1. Project design, development or consultant/construction management. 2. Professional engineering services. 3. Installer/admin (tradesman) (not related to turf, track, or court installation. Project Administrator costs for site work Omnisports- Compact- Sheet Vinyl Single Color Omnisports- Speed-- Sheet Vinyl Single Color Omnisports —Multi Use-- Sheet Vinyl Single Color Omnisports-Active + - Sheet Vinyl Single Color Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Omnisports-PurePlay- Sheet Vinyl Single Color Omnisports-Extreme- Sheet Vinyl Single Color Omnisports-Dancefloor- Sheet Vinyl Single Color Omnisports-HPL 7mm with Compact- Sheet Vinyl Single Color Omnisports-HPL 9mm with Compact- Sheet Vinyl Single Color Omnisports-Tarkolay-Underlayment Omnisports-Weld Rod 5mm-Weld Rod Adhesive: Multi -Set —Adhesive Adhesive: Mutli-Proxy-Adhesive Adhesive-Tarkotape-Adhesive Game Line Paint: Gen-U-Line —Game Line Paint Game Line Paint Primer: Gen-U-Line-Game Lane Paint Primer Linosport: 2.5mm- Linoleum Single Color PolyTurf Plus Pad and Pour: Restart- Polyurethane Single Color PolyTurf Plus Pad and Pour: 4+2- Polyurethane Single Color PolyTurf Plus Pad and Pour: 7+2- Polyurethane Single Color PolyTurf Plus Pad and Pour: 9+2- Polyurethane Single Color PolyTurf Plus Pad and Pour: 12+4- Polyurethane Single Color Adhesive: BeyBond 50 — Adhesive Dancefloor: Dancefloor 3.5mm- Sheet Vinyl Dancefloor: Inspiration with Dancefloor- Combination Dancefloor: Inspiration Pro with Dancefloor- Combination Lumaflex: Classic with Omnisports Compact- Combination Lumaflex: Classic with Linosport 2.5mm- Combination Lumaflex: Elite with Omnisports Compact- Combination Lumaflex: Elite with Linosport 2.5mm- Combination Lumaflex: Fit with Omnisports Compact -Combination ClutchCourt: Performance- Wood 2nd and Better Maple ClutchCourt: Performance Anchor- Wood 2nd and Better Maple ClutchCourt: FlexLock- Wood 2nd and Better Maple ClutchCourt: Trainer 3- Wood 2nd and Better Maple ClutchCourt: Trainer 2- Wood 2nd and Better Maple Dropzone: Speckle 8mm Rolls — Rubber Up to 30 EPDM Color Dropzone: Speckle 8mm Interlocking Tiles — Rubber Up to 30 EPDM Color Dropzone: Comfort 10.5 mm- Rubber Single Color Dropzone: Comfort 14.5 mm- Rubber Single Color Dropzone: Elite - Rubber Dropzone: Power- Rubber Dropzone: Flex- Rubber Dropzone: Impact- Rubber Dropzone: Droptile - Rubber Up to 30 EPDM Color Dropzone: Droptile Max - Rubber Up to 30 EPDM Color Dropzone: DropTurf — Indoor Artificial Turf Dropzone: DropTurf Inlay -Turf Lines and Logos EasyCourt: EasyCourt — Portable Flooring EasyCourt: EasyField — Portable Flooring ADA Transition: EasyCourt/EasyField ADA Transitions- Accessory 1.75" x 22" x 36" Black Only Transition: EasyCourt/EasyField Non-ADA Transitions- Accessory Transition Game Line Painting: Basketball Game Line Painting- Painting Labor Game Line Painting: Volleyball Game Line Painting- Painting Labor Game Line Painting: Pickleball Game Line Painting- Painting Labor Game Line Painting: Badminton Game Line Painting- Painting Labor Game Line Painting: Tennis Game Line Painting- Painting Labor Game Line Painting: Table Tennis Game Line Painting- Painting Labor Game Line Painting: Logos- Painting Labor Cover Base 4": Resilient Base Standard Colors- Resilient Base 4" with Toe Vented Coved Base: Vented Coved Base Standard Colors- Vented Resilient Base Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Category or Type Item 71 Indoor and outdoor athletic and recreational artificial turf and running track surfaces and sub -surfaces Offered r. Yes r No Comments Turf Products: FieldTurf Synthetic Turf Systems FieldTurf CORE 2.5/2.25/2.0" FieldTurf Revolution 360 2.5/2.25/2.0" FieldTurf Classic HD 2.5/2.25/2.0" FieldTurf XM7 2.5/2.25/2.0" Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Fieldturf XT 2.5/2.25/2.0" FieldTurf Vertex Prime 2.5/2.25/2.0" FieldTurf Vertex Prime CORE 2.5/2.25/2" FieldTurf Vertex 2.5/2.25/2.0" FieldTurf Hockey Speed FieldTurf Hockey Gold FieldTurf EasyField — Removable Tray System FieldTurf DoublePlay Speed Baseball Infield/Outfield Fieldturf Double Play Natural Baseball Infield/Outfield FieldTurf TripleThreat Speed Softball Infield/Outfield FieldTurf TripleThreat Natural Softball Infield/Outfield FieldTurf Recover — Replacement Overlay FieldTurf Removable Batter/Umpire Area Baseball System FieldTurf Pitching Mound and Home Plate System Turf Inlaid Markings and Ancillary Items FieldTurf Inlaid Football Numbers/Arrows FieldTurf Inlaid Hash marks FieldTurf Inlaid Soccer Markings FieldTurf Logo FieldTurf — Endzone Letters FieldTurf - Field Hockey Lines FieldTurf - Lacrosse Lines FieldTurf - Baseball Lines FieldTurf — Flag Football Lines FieldTurf - Softball Lines FieldTurf — Football Restraining Lines FieldTurf — Lacrosse Tick Marks Testing/Field Monitoring/Misc Services: FieldTurf — GMAX FieldTurf Preshipment Testing FieldTurf Genius Turf removal/Disposal Supply and Installation of Natural Grass FieldTurf Underlayment Options Beynon E-Layer PDS Drain Tiles Proplay — Proplay PowerBase Pro ThermaGreen 23mm ThermaGreen V Brock Powerbase Brock SP 14 Beynon Shock Base 19mm-26mm Versatile FieldTurf Alternate Turf Infill Options: FieldTurf CoolPlay EPDM EASY Fill — Coated Sand EnviroFill ECO-GRIND ECO-GREEN ECO-MAX PUREFILL — Cork PURESELECT — Olive Pits PURE GEO- Coconut TrueBlend FieldTurf Turf Grooming and Maintenance Options FieldTurf GroomRight FieldTurf SweepRight FieldTurf SweepRight Pro FieldTurf Groomright Wings FieldTurf Tow Behind Magnet FieldTurf Static Brush FieldTurf Sweep FieldCare Maintenance Packages: 1, 5, 8 PureCare Maintenance Packages 1, 5, 8 SaniSport FieldTurf Cleanse Complete FieldTurf Landscaping and Golf Options —EASYTURF Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C FieldTurf Command CORE FieldTurf Command Performance FieldTurf Command Play Nutmeg FieldTurf Command Play Olive FieldTurf Command Duo FieldTurf Power Play Fit Turf FieldTurf EasyPlay FieldTurf EasyPlay Color FieldTurf Classic HD Sports Turf FieldTurf Classic HD Sports Turf color FieldTurf Tru-Roll Putting Green FieldTurf EasyTurf Signature Pro Tee Turf FieldTurf EasyTurf Signature Pro Driving Range Turf FieldTurf Playground Pad 12" FieldTurf Playground Pad 5" EasyTurf Putting Green Pad 1/4" Running Track Surfacing Solutions Latex and Beynon Urethane Track Surfaces L-2000 Black or Red Polyresin (13mm) Poly-4000 Beynon - BSS 50 Beynon- BSS-100 Beynon-BSS-200 Beynon-BSS-300 Beynon- BSS-1000 10mm Beynon- BSS-1000 13mm Beynon-BSS-1000 ML Beynon-BSS-2000 13mm Resurfacing on an Existing Rubber Running Track Top -Coat (latex track) Black or Red Polyresin Resurfacing Beynon BSS-50RE Beynon-BSS -100RE Beynon-BSS-200RE Beynon-BSS-300RE Beynon-BSS-2000 RE 5mm Beynon-BSS-2000 RE 7mm Beynon WaterBased Spray WBSS Beynon Hobart Coating Track Misc. items Beynon- In -situ -Base Track Restriping Track Cleaning Fast Track 1 Fast Track 3 Fast Track 5 Fast Track 8 Field/Track/Court Equipment and Accessories Pole Vault Pit Take off Boards Shot Put Toe Boards Shot Put Rings Discus Rings Combination Hammer/Discus Cage Hammer/Discus Conversion Ring Water Jump Hurdle with Sleeves Water Jump Cover Removable Track Curbing Long jump Sand pits and traps Sand for Sand Pits and Traps Football Goal Posts -Set Access Frame Kit with InfiII retainer System for Adjust Right Football Goal Posts Set Soccer Goals -Set Soccer Goal Wheel Kit Batting Cages Indoor/Outdoor Court Options Outdoor Court Surfacing — Plexipave Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Court Crack Repair Tarkett Indoor Court Systems: Omnisports- Compact- Sheet Vinyl Single Color Omnisports- Speed-- Sheet Vinyl Single Color Omnisports —Multi Use-- Sheet Vinyl Single Color Omnisports-Active + - Sheet Vinyl Single Color Omnisports-PurePlay- Sheet Vinyl Single Color Omnisports-Extreme- Sheet Vinyl Single Color Omnisports-Dancefloor- Sheet Vinyl Single Color Omnisports-HPL 7mm with Compact- Sheet Vinyl Single Color Omnisports-HPL 9mm with Compact- Sheet Vinyl Single Color Omnisports-Tarkolay-Underlayment Omnisports-Weld Rod 5mm-Weld Rod Adhesive: Multi -Set —Adhesive Adhesive: Mutli-Proxy-Adhesive Adhesive-Tarkotape-Adhesive Game Line Paint: Gen-U-Line —Game Line Paint Game Line Paint Primer: Gen-U-Line-Game Lane Paint Primer Linosport: 2.5mm- Linoleum Single Color PolyTurf Plus Pad and Pour: Restart- Polyurethane Single Color PolyTurf Plus Pad and Pour: 4+2- Polyurethane Single Color PolyTurf Plus Pad and Pour: 7+2- Polyurethane Single Color PolyTurf Plus Pad and Pour: 9+2- Polyurethane Single Color PolyTurf Plus Pad and Pour: 12+4- Polyurethane Single Color Adhesive: BeyBond 50 — Adhesive Dancefloor: Dancefloor 3.5mm- Sheet Vinyl Dancefloor: Inspiration with Dancefloor- Combination Dancefloor: Inspiration Pro with Dancefloor- Combination Lumaflex: Classic with Omnisports Compact- Combination Lumaflex: Classic with Linosport 2.5mm- Combination Lumaflex: Elite with Omnisports Compact- Combination Lumaflex: Elite with Linosport 2.5mm- Combination Lumaflex: Fit with Omnisports Compact -Combination ClutchCourt: Performance- Wood 2nd and Better Maple ClutchCourt: Performance Anchor- Wood 2nd and Better Maple ClutchCourt: FlexLock- Wood 2nd and Better Maple ClutchCourt: Trainer 3- Wood 2nd and Better Maple ClutchCourt: Trainer 2- Wood 2nd and Better Maple Dropzone: Speckle 8mm Rolls — Rubber Up to 30 EPDM Color Dropzone: Speckle 8mm Interlocking Tiles — Rubber Up to 30 EPDM Color Dropzone: Comfort 10.5 mm- Rubber Single Color Dropzone: Comfort 14.5 mm- Rubber Single Color Dropzone: Elite - Rubber Dropzone: Power- Rubber Dropzone: Flex- Rubber Dropzone: Impact- Rubber Dropzone: Droptile - Rubber Up to 30 EPDM Color Dropzone: Droptile Max - Rubber Up to 30 EPDM Color Dropzone: DropTurf — Indoor Artificial Turf Dropzone: DropTurf Inlay -Turf Lines and Logos EasyCourt: EasyCourt — Portable Flooring EasyCourt: EasyField — Portable Flooring ADA Transition: EasyCourt/EasyField ADA Transitions - Accessory 1.75" x 22" x 36" Black Only Transition: EasyCourt/EasyField Non-ADA Transitions - Accessory Transition Game Line Painting: Basketball Game Line Painting - Painting Labor Game Line Painting: Volleyball Game Line Painting - Painting Labor Game Line Painting: Pickleball Game Line Painting - Painting Labor Game Line Painting: Badminton Game Line Painting - Painting Labor Game Line Painting: Tennis Game Line Painting- Painting Labor Game Line Painting: Table Tennis Game Line Painting - Painting Labor Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Game Line Painting: Logos- Painting Labor Cover Base 4": Resilient Base Standard Colors- Resilient Base 4" with Toe Vented Coved Base: Vented Coved Base Standard Colors - Vented Resilient Base Site Work: Site Work includes but is not limited to any construction necessary to build base for Turf, Track, or Court surfaces to be placed on. New Construction — Sq. foot/yard pricing is for supply and installation of sports surfacing only. FieldTurf is prepared to offer turn -key solutions for the construction of the base of running tracks, courts, indoor flooring projects and fields through use of RS Means. The best value pricing for base or civil work is obtained through this costing method. Site work or new construction may include but is not limited to: removal and disposal of existing sports surface, lighting, demolition, excavation, rock base aggregate, top rock, asphalt, concrete, sidewalks, turf shock absorption underlayment such as a -layer or padding, tie in to existing drainage, drainage systems, conduits, fencing, crack repair, asphalt repair, etc. which can be purchased through RS MEANS. RS MEANS is self-contained and consists of a turn -key solution that includes a complete line -item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub- assemblies and/or assemblies. FieldTurf reserves the right to offer a discount or "adjustment down" to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. Professional Services for any site work project 1. Project design, development or consultant/construction management. 2. Professional engineering services. 3. Installer/admin (tradesman) (not related to turf, track, or court installation. Project Administrator costs for site work 72 Equipment, options, accessories, technology, materials, and supplies complementary or incidental to the purchase of a turnkey or complete solution of the types described in Line 71 above r Yes r No For any products/services that are necessary to the project but are not listed on the FieldTurf Price/Product list, FieldTurf uses either RS MEANS/Gordian Unit Book Pricing or Alternative Costing Method (for custom specific items). If site work is required: Alternative Method of Costing covers any product and/or service not covered by catalog pricing, published price list, line -item price list, automated system for pricing, or is a product and /or service due to the projects or applications specifications, conditions and /or requirements that need to be custom designed, developed, manufactured and /or produced to meet the requirements of an individual project or sole source. If site work is required: Unit Price Book via RS MEANS estimate will be obtained for projects with site work line items not included in FieldTurf SOURCEWELL product pricing spreadsheet. RS MEANS is self contained and consists of a turn -key solution that includes a complete line - item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf reserves the right to offer a discount to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 73 Services related to the offering of the solutions described in Lines 71 and 72 above, including installation, removal, disposal, refurbishment, inspection, repair, maintenance, training, and support r Yes r No For any products/services that are necessary to the project but are not listed on the FieldTurf Price/Product list, FieldTurf uses either RS MEANS/Gordian Unit Book Pricing or Alternative Costing Method (for custom specific items). If site work is required: Alternative Method of Costing covers any product and/or service not covered by catalog pricing, published price list, line -item price list, automated system for pricing, or is a product and /or service due to the projects or applications specifications, conditions and /or requirements that need to be custom designed, developed, manufactured and /or produced to meet the requirements of an individual project or sole source. If site work is required: Unit Price Book via RS MEANS estimate will be obtained for projects with site work line items not included in FieldTurf SOURCEWELL product pricing spreadsheet. RS MEANS is self contained and consists of a turn -key solution that includes a complete line - item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf reserves the right to offer a discount to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. Table 15: Industry Specific Questions Line Item Question Response 74 Describe any unique advantage your product offers in relation to design, manufacturing, performance, maintenance, and product longevity. WHAT Makes FieldTurf stand apart from the competition: FieldTurf has a patented infill system for the highest performance that layers silica sand with cryogenic rubber. The rubber and sand particles are a similar size to stay in suspension. Total infill exceeds 9 lbs. per sq. foot on a typical FieldTurf field. The FieldTurf infill allow for optimal safety and playability. Testing proves that all rubber fields like our competitors tend to migrate easily in the rain creating divots and changes in the infill levels. This infill variation that can be found in our competitor's all rubber infill fields impacts the safety of the turf system. PROVEN SAFETY: FieldTurfs focus on Safety has led to numerous injury reducing innovations and improvements. The main reason FieldTurf continues to outperform all other turf companies in reducing injury is our patented san/rubber layered infill system. The findings of long-term testing programs show that FieldTurf is safer than any other synthetic turf system and equal to — if not better than- natural grass in most critical areas of player safety. No other company can make this claim FieldTurf fiber innovation also stands out from our competitors. Our fibers are produced at our very own facility in Germany. This state of the art facility was opened in 2010 and as a result has turned FieldTurf into one of the most vertically integrated companies in the world. The quality control process at the facility includes stringent testing of the yarn properties (tensile strength, uniformity, color verification.) SURELOCK COATING- for maximum drainage. FieldTurfs patented backing offers drainage performance unequaled by any artificial turf product in the industry. A FieldTurf field is designed for all weather playability. Unlike the rest of the industry, the innovators at FieldTurf came up with a superior drainage solution for its Elite system. It's call SureLock coating. This patented system coats only the rows of fiber, leaving the rest of the carpet untouched and naturally porous. MULTI -SPORT SOLUTIONS — for all sports and all levels. FieldTurf has long been the #1 choice for all sports and all levels. FieldTurfs safety, performance, and durability levels are far superior to any other system. As the world's largest synthetic turf company, you will find FieldTurf in many major stadiums, colleges, and high schools. Over 7500 fields installed. SINGLE SOURCE RESPONSIBILITY- for customer security and satisfaction. FieldTurf has brought "single source responsibility" and quality Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C to the forefront with its own manufacturing plants and quality control standards. Integrated, vertical manufacturing has paved the road toward true innovative and customer security, with fiber manufacturing, turfting, coating and testing all done in house in FieldTurf plants. FieldTurf is the only artificial turf company on the market to meet the most rigorous and comprehensive quality control standards: • ISO Certified manufacturing Plants • In-house fiber manufacturing • In-house coating of all turf products • In-house testing of each turf roll and its tuft bind • Testing of infill and the verification of its grade • Installation by FieldTurf certified installation crews. INSURED WARRANTY- for complete peace of mind. FieldTurf was the first company in the industry to offer a third -party insured warranty. And while you'll probably never need to use it, you can rest easy knowing that you are protected by the industry's best warranty. It's peace of mind that sets FieldTurf apart from the competition. INSTALLATION METHOD — for a stronger field. FieldTurf does not cut corners when it comes to installation of artificial turf fields. In order to lower their prices, many competing companies will cut corners on important installation procedures. This severely compromises the durability of the entire field. • FieldTurf has Sewn seams not glued like our competitors. • FieldTurf meticulously shears the fiber for inlaid sports markings - competitors cut the turf backing. • Precision infill layering = a safe surface • Experienced installation crews = quality assurance. PROVEN DURABILITY- for a better investment. Since its inception, FieldTurf has proven to be the most durable and longest —lasting synthetic turf system in the marketplace having installed more fields that are currently 8 years or older than all other competitor installations combined. FIRST-CLASS SERVICE — for your FieldTurf Experience. FieldTurf does not sever its customer relations once the contract has been signed. We take the time to follow up with each and every one of our customers in order to ensure complete and consistent customer satisfaction. Customer satisfaction remains FieldTurfs number one priority. 75 Describe any sustainability design features your product offers. Building for tomorrow. It's our sustainability commitment. That means our innovation isn't limited to product specs. Our promise to keep players safe on our turf has naturally evolved into an obsession — one with a singular focus to completely eliminate its potential to harm not just people but the environment too. Now in everything we do, we strive for the lowest impact on people and the planet — from Cradle to CradleTM manufacturing, to circular design, to the utmost care for those who play on and handle our products. WE CONSERVE WATER Water is essential to life and a human right, and its stewardship is core to our sustainability strategy. From manufacturing to installation, our products address water efficiency, scarcity and quality. WE BUILD FOR THE FUTURE We focus on efficient production, reducing the environmental impact of our own operations, and achieving the highest quality manufacturing certifications (ISO 9001, ISO 14001, ISO 45001). WE USE SUSTAINABLE MATERIALS We innovate our choice of product Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C components and materials using closed -loop design thinking that respects workers and the planet, resulting in a more sustainable product, and the only artificial turf product to obtain Cradle to CradleTM Bronze certification. WE NURTURE HUMAN POTENTIAL People are central to what we do. We make unlocking their innate talents a focus, ensuring they have the agency to take action and fulfill their potential, and we motivate them through transparency and open communication. WE SAFEGUARD ATHLETES We were founded with the promise to make athletes safer during the game — and now we extend that promise to all the lives we touch through rigorous safety testing, product performance, and respect for the wellbeing of our people and our communities. TIME LINE: 1995 FieldTurf is founded by two athletes who believe in a better game for all — they promise to Change The Game for athletes with a surface that offers improved performance and safety. 1997 The first 3rd-generation infill turf, a revolutionary playing surface, is installed at Ringgold High School in Pennsylvania. 2009 Introduce the "Green Machine", the only unit able to remove both rolls of artificial turf and infill unharmed. 2010 The first field to be completely recycled. 2010 Flagship manufacturing facility in Calhoun, GA opens, allowing for continued investment and focus into quality and excellence. 2014 The first infill recycling center in the Pacific Northwest is launched, enabling infill to be recycled from aged fields to avoid landfills. 2016 Fieldturf makes a major investment to our US manufacturing facility to limit waste. 2016 EcoMax — the first synthetic turf infill made partially of recycled materials — is introduced. 2016 Safety study supported by FieldTurf wins AOSSM's STOP Sports Injuries Award, which recognizes top research leading toward significant awareness and change in the prevention of traumatic and overuse injuries in youth sports. 2019 ThermaGreen is added to the FieldTurf family, an innovative shock pad made of post-industrial cross -linked polyethylene DRIVING THE FIELD TO ZERO When it comes to waste, we have a simple mission: create a future where none of our products ever makes it to a landfill. Getting there isn't just a journey; it's a quest. It's why we've devoted our research and development efforts to tackle the complexity required to recycle old turf. It's why we repurpose key materials from end -of -life installations to create the advanced components of future products. Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C And it's why we continue to be the forefront of developing technology to expand end -of -life turf applications — transforming would-be waste and dispersed materials into useful new products with renewed value. While we may not have an exact date, and don't want to throw out an obscure year in the future, our dedication of DRIVING THE FIELD TO ZERO is very much alive. Follow our journey. FieldTurf has a new Carbon Offsetting Program: Our Journey to Carbon Neutrality will take a two -pronged approach: 1. Reduce Emissions for Tomorrow 2. 2. Offset what we can't reduce today See Attached Carbon Offset Brochure See Attached Sustainability Brochure 76 Describe the installation process and how it is managed from product order to completion. Once Customer has approved field or track layout drawings and issued a PO or there is a fully executed contract in place then FieldTurf starts the manufacturing process, ships, and prepares for the turf installation stage. FieldTurf has some of the most experienced and knowledgeable installation crews in the industry. The success of your fields is heavily dependent on the quality of your installation crew. What makes FieldTurf stand out from our competition...we sew our turf panels instead of gluing them. TURF INSTALLATION — Installing the playing surface and amenities Once the base and drainage are completed, the events that follow will be determined by your preferences. The installation of fencing, lighting, bleachers, scoreboards, and/or track surfaces can happen before or after the installation of the artificial turf. The installation of the surface will include rolling out the large turf rolls across the field and seaming the rolls together. For optimal performance and longevity, the seams should be sewn together in order to prevent unwanted costs and hazards related to future seam failure. Placement of turf rolls on the field Every component of the finished carpet should undergo numerous rounds of inspection before it is packaged and loaded onto the trucks for transportation to the job site from the turf company's manufacturing facility. Each roll of carpet is numbered and positioned in the exact order that it will be loaded onto the transporters. Once on site, the rolls are unloaded and laid on the field in the specific order that was planned and designated by the turf company's engineering department. Sewing the turf panels FieldTurfs sewn seam method is proven in use on hundreds of fields in every locale possible. The key advantage of FieldTurfs sewn seams technique is that the thread does not go through the pile fibers; rather an extra flap of backing material called the selvedge edging acts as the sewing medium. FieldTurfs seams are actually hidden under the pile fabric. The number one maintenance problem associated with synthetic fields is that of loose unglued turf seams. Although glued seams are less expensive and easier, requiring no special equipment or expertise, sewing seams is the only way to assure a trouble -free seam and a long lasting, safe field. Installation of Field Markings and Decorative Markings In order to keep prices down, many turf companies use a cut-out method to install lines, hash marks and logos. Once the turf has been laid out, the installation crew will outline the logo or hash mark and quickly cut it out from the turf's original backing. A turf's backing essentially forms the foundation for the field. As a whole, the foundation remains strong and sturdy, however, with each chunk removed that foundation grows increasingly unstable and brittle. This method should be avoided at all costs. FieldTurfs experienced installation crews take the time to shear the necessary fibers without compromising the durability of the turf backing. Once the fibers have been carefully sheared, an ultra -adhesive mixture is applied along the entire surface area of the logos and hash marks before being carefully installed. Installing the IntlII When the lines, numbers, markings and/or logos are completed, the turf is now ready for infilling. The infill is the athlete's source for cutting, planting, shock absorption and energy restitution. While the majority of the competition uses a loose and spongy all ambient rubber system, FieldTurf only incorporates a patented layered infill system that is comprised of silica sand and premium cryogenic rubber. The patented infill layering begins with several layers of clean, washed silica sand. This stabilizes and supports the entire system. This is followed by mixed infill layers. A mix of cryogenic rubber and silica sand is layered into the system. The rubber Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C and sand particles are a similar size to stay in suspension, neither segregating nor compacting. Up to twenty one passes of the cryogenic rubber and silica sand mix are carefully added. Over 720,000 Ibs of infill is layered into a typical, full size sports field. Larger sized cryogenic rubber top layers ensure that the rubber remains on top, providing a safe, forgiving surface. Test the Field The most common test performed in the industry to measure shock attenuation is Gmax and should be performed by a certified testing laboratory. It is imperative that your field be tested right after the installation is complete and another 2-3 times throughout the life of the field. FieldTurf fields will record a Gmax value of less than 200 over the life of the field. Like most issues relating to filled turf systems, the issue of Gmax is not simple. Generic rubber filled systems are too loose and unstable - and the fill too easily displaced in high use areas - to allow for American football play without a shock pad. FieldTurf, on the other hand, due to its heavier and more stable fill, is more than suitable for such applications without a separate shock pad. FieldTurf systems are well below the ASTM threshold of 200 g's. Moreover, 200 g's is considered the level above which the risk of fatal head injury is "non -zero" - i.e, the level at which fatalities can occur, and thus 200 g's is the threshold at which providers of sports surfacing and playground systems have attempted to stay under for obvious reasons. Certificate of Completion The certificate of completion is a document issued by the manufacturer and presented to the customer as soon as the installation of the field is complete. It is the responsibility of the customer to insert all the information required on the document including his or her signature in order to validate the warranty. By signing the document the customer acknowledges that all the work performed has been completed to their standards. Once the certificate is received by either the distributor, sales rep or manufacturer the official warranty will be sent to the customer for their records. Below are a few examples of documents a client might receive depending on the project and scope of work however deliverables are not limited to the below items. 1. Submittals 2. building plans and work schedule 3. testing 4. Warranty 5. maintenance information 6. Maintenance manual x 7. Permit responsibility 8. Payment Schedule Below is a general description of installation and what a client can expect to received on -site and post installation. Testing usually occurs during the installation process however if any additional testing is requested FieldTurf will follow-up accordingly. Base Construction Process (3-6 weeks) • Site Investigation & Permitting • Install Construction Entrance/Track Protection Along with • Erosion and Sediment Controls (if necessary) • Field Excavation to Subgrade • Install Perimeter Concrete Curb/Nailer • Install Geotextile Fabric and Field Underdrain System • (per site specifications) • Install Free Draining Base Stone and Finish Stone Turf Installation Process (3 weeks) • Off Load Turf Rolls and Place Turf • Sew Turf Panels • Install Field Markings and Decorative Markings • Install lnfill • Remove Construction Entrance/Clean Up/Demobilize/Test Field POST -INSTALLATION FOLLOW UP (2 weeks) • Certificate of Completion • Warranty • Maintenance Training/Equipment • Payment Schedule Running Track Construction and Installation: • The Synthetic Track Surfacing System shall be laid on an approved subbase. The General Contractor shall provide compaction test results of Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C 92-96% for the installed subbase and asphalt surface. • For NCAA certification the following criteria must be followed. The track surface, i.e. asphalt substrate, shall not vary from planned cross • slope by more than +/- 0.2%, with a maximum lateral slope outside to inside of 1%, and a maximum slope of 0.1% in any running direction. The finished asphalt shall not vary under a 10' straight edge more than 1/8". • It should be the responsibility of the asphalt -paving contractor to flood the surface immediately after the asphalt is capable of handling traffic. If, after 20 minutes of drying time, there are birdbath evident, it shall be the responsibility of the architect, in conjunction with the surfacing contractor, to determine the method of correction. No cold tar patching, skin patching or sand mix patching will be acceptable. • The construction of the subbase should be built so it may support, without deformation or failure, the traffic of all the necessary equipment in the construction of the sports facility. The subbase compaction should be clearly identified in the project specifications to a minimum of 95% Proctor. • The subbase construction should manage all the designated loads on the athletic surface from not only the athletes, but all required facility maintenance equipment as well, with no risk of sub -surface deviations telegraphing through to the surface. The Owner/CM should provide test results & proof rolls verifying that the subbase meets specification requirements. • The building platform needs to be effective in providing safekeeping of the synthetic surface in order to shield it from everything including the impact of water from the ground, any ground movement in the subsoil, as well as uplifting from water -saturated soil in addition to surface depositing due to expansion on freezing. • Assurance that liquids consisting of water to include but not limited to rainwater and natural groundwater for example, will need to be capable of evacuating without restriction, either into subsoil, or into a drainage structure. Owner/CM to provide all required surface & subsurface drainage facilities prior to acceptance of subbase. • The construction of the subbase should be built so it may support, without deformation or failure, the traffic of all the necessary equipment in the construction of the sports facility. The subbase compaction should be clearly identified in the project specifications to a minimum of 95% Proctor. • The subbase construction should manage all the designated loads on the athletic surface from not only the athletes, but all required facility maintenance equipment as well, with no risk of sub -surface deviations telegraphing through to the surface. The Owner/CM should provide test results & proof rolls verifying that the subbase meets specification requirements. • The building platform needs to be effective in providing safekeeping of the synthetic surface in order to shield it from everything including the impact of water from the ground, any ground movement in the subsoil, as well as uplifting from water -saturated soil in addition to surface depositing due to expansion on freezing. • Assurance that liquids consisting of water to include but not limited to rainwater and natural groundwater for example, will need to be capable of evacuating without restriction, either into subsoil, or into a drainage structure. Owner/CM to provide all required surface & subsurface drainage facilities prior to acceptance of subbase. • The construction of the subbase should be built so it may support, without deformation or failure, the traffic of all the necessary equipment in the construction of the sports facility. The subbase compaction should be clearly identified in the project specifications to a minimum of 95% Proctor. • The subbase construction should manage all the designated loads on the athletic surface from not only the athletes, but all required facility maintenance equipment as well, with no risk of sub -surface deviations telegraphing through to the surface. The Owner/CM should provide test results & proof rolls verifying that the subbase meets specification requirements. • The building platform needs to be effective in providing safekeeping of the synthetic surface in order to shield it from everything including the impact of water from the ground, any ground movement in the subsoil, as well as uplifting from water -saturated soil in addition to surface depositing due to expansion on freezing. • Assurance that liquids consisting of water to include but not limited to rainwater and natural groundwater for example, will need to be capable of evacuating without restriction, either into subsoil, or into a drainage structure. Owner/CM to provide all required surface & subsurface drainage facilities prior to acceptance of subbase. • Your sub base should cure for 28 days before pouring the surface. The curing time is NECESSARY FOR THE OILS IN THE ASPHALT AND THE WATER IN THE CEMENT TO BAKE OUT OR EVAPORATE. This is especially true for non -permeable surfaces where the oils or water are Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C essentially trapped in once the surface is completed. RUSHING THE CURING TIME CAN LEAD TO DELAMINATION AND BUBBLING ISSUES • Step 1. Prime the track. A special primer is applied using a hand wand. Four 55-gal. drums of primer are applied from a Ford 350 outfitted with tanks. • Step 2. After the primer dries, typically the next day, crews apply rubber granules and a binder. Rubber granules are 1-3 mm in size and made of ground up recycled tires supplied by Liberty Tires Inc. The rubber granules come in 50-Ib. plastic bags which are delivered on site. The bags are loaded into the hopper on the Ford 350, and the truck broadcasts the rubber granules evenly across the track as it circles the oval. Once granules have been spread a truck follows using a hand wand to spray apply binder on top of the granules. The binder application requires two passes. Installation of rubber granules and two passes of binder takes about six hours, and then it's allowed to dry overnight. That process (except for the binder) is repeated five times to build up a 3/8-in.-thick rubberized running surface. • Step 3. A final ultraviolet protective coating is applied in a sixth application once the rubberized surface is constructed • Installation will vary depending on the type of product Beynon is installing. For more specific installation requirements please refer back to the Beynon track specs A. Base Course The SBR granules and BEYPUR 300 shall be mixed together on site to regulate the ratio/quantity of SBR, not to exceed 82% in the base mat portion of the system. The BEYPUR 300 shall be mixed with the SBR rubber so that a minimum of 20%, by weight, exists in the final mixture. This mixture is then mechanically installed using the paver. B. Seal Coat The two BEYPUR 200 components are mixed at the prescribed ratio homogeneously with a suitable mixing device. The coating is squeegee applied to the base mat, making it impermeable. C. Wearing Course The 1 to 3mm EPDM granules shall be integrated into the BEYPUR to achieve the full depth of the 5 mm wearing course. The resilient embedded textured finish shall be a dense matrix of exposed EPDM granules. The homogeneous wearing course shall be applied in situ with the base course. • Installation will vary depending on the type of product Beynon is installing. For more specific installation requirements please refer back to the Beynon track specs • We have Beynon installation teams as well as subcontractor installation teams in place nationwide. There 24 Beynon teams. • • Below are a few examples of documents a client might receive depending on the project and scope of work however deliverables are not limited to the below items. • 1. Submittals • 2. building plans and work schedule • 3. testing • 4. Warranty • 5. maintenance information • 6. Maintenance manual • 7. Permit responsibility • 8. Payment Schedule Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Table 16: Exceptions to Terms, Conditions, or Specifications Form Line Item 77. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract. Contract Section Term, Condition, or Specification Exception or Proposed Modification FieldTurf takes no exceptions Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • Pricing - Sourcewell 2022 RFP 031622 Price Schedule.xlsx - Monday February 21, 2022 16:59:36 • Financial Strength and Stability - Combined Financial Statements and Letter of Credit.pdf - Friday February 18, 2022 18:06:09 • Marketing Plan/Samples - Marketing Samples.pdf- Monday February 28, 2022 13:35:46 • WMBE/MBE/SBE or Related Certificates - Table 8 Question 44 - SubK Plan.pdf - Tuesday February 22, 2022 17:57:52 • Warranty Information - Combined Warranty Samples.pdf - Friday February 18, 2022 15:57:56 • Standard Transaction Document Samples - Standard Transaction Documents.zip - Tuesday February 22, 2022 17:59:03 • Upload Additional Document - Additional Documents.zip - Monday February 28, 2022 14:14:10 Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf; 2. Included on the government -wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. DocuSign Envelope ID: 2661 FF4E-ADB5-4509-A97F-E2613A7A224C by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. I— By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Eric Daliere, President - Tarkett North America & Tarkett Sports, FieldTurf USA, Inc. The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages Addendum_1_Artificial_Tu rf_RFP_031622 Tue March 8 2022 04:36 PM 2 Bid Number: RFP 031622 Vendor Name: FieldTurf USA, Inc. A Tarkett Sorts Company September 24, 2024 Updated FieldTurf USA, Inc. is pleased to present the following proposal. FieldTurf pricing is based on the Sourcewell contract (formerly NJPA). Sourcewell provides predetermined preferential pricing through approved vendors. Since the products have already been bid at the national level, individual municipalities do not have to duplicate the bidding process per Sourcewell Contract # 031622-FTU. Click on the following Sourcewell hyperlink for contract due diligence documentation: Sourcewell Sourcewell, Awarded Contract Theodore Gibson Park Turf Replacement Quantity Units Unit Price Total Site work - Removal & Disposal along with alternates taken 1 Removal & Disposal of existing turf system including infill 1 LS $145,230.00 $145,230.00 2 Box drag existing stone base for planarity only 1 LS included above included above 3 Construction Management - Supervision 1 LS included above included above 4 Removal & Disposal of batting cage turf @ 2,090 SF 1 LS $2,675.00 $2,675.00 5 Removal & replacement of goal posts along with furnish and install new baseball bases with sleeves 1 LS $37,500.00 $37,500.00 6 Additional batting cage work: Remove and replace batting cage netting, clean and paint batting cage fencing, repair/ cap off batting cage electrical to make it safe 1 LS $26,700.00 $26,700.00 Subtotal Site Work $212,105.00 Synthetic Turf System 7 Furnish & Install Classic HD 2" & 2.25" - 3 layer turf system 113,654 SF $5.28 $600,093.12 8 Furnish & Install CoolPlay .60 Ibs/ SF top layer of infill 113,654 SF $0.51 $57,963.54 9 Inlaid Football Markings 1 EA $7,200.00 DONATED 10 Inlaid Soccer Markings 1 EA $7,200.00 DONATED 11 Inlaid Baseball Markings 1 EA $7,200.00 DONATED 12 Midfield Logo: City of Miami Seal, 2/ 3 colors, 45' diameter 1 EA $14,175.00 $14,175.00 13 End Zone Letters: OVERTOWN X 2, orange only 16 EA $1,012.50 $16,200.00 14 Maintenance Equipment: 1 FieldSweep & 1 Power Broom 1 EA $4,860.00 $4,860.00 15 Furnish & Install FIT w/ pad batting cage turf no infill 2,090 SF $7.54 $15,758.60 Subtotal Synthetic Turf $709,050.26 1.800.724.2969 I info fieldturf.com I feldturf.com FieldTurf` A Tarkett Sorts Company Subtotal Project $921,155.26 16 Performance & Payment Bonds 1 LS $10,474.74 $10,474.74 Total Project $931,630.00 PRODUCT DETAILS: FieldTurf is pleased to offer the Classic HD 2" & 2.25" 3 layer system with CoolPlay with the following product characteristics: Pile Height: 2 Inches Infill Weight: 3.65 Ibs sand, 2.0 Ibs cryo, & .60 Ibs CoolPlay per sq.ft. Pile Weight: 30 oz/yd2 Total System Weight: 951 oz/yd2 And Pile Height: 2.25 Inches Infill Weight: 6.2 Ibs sand, 1.6 Ibs cryo, & .60 Ibs CoolPlay per sq.ft. Pile Weight: 33 oz/yd2 Total System Weight: 1264 oz/yd2 CoolPlay HIGH PERFORMANCE Li. YM stiviPERAllikk 3-LAYER SYSTEM One of the most intricate and meticulous infill systems available today. Designed to provide the best Gmax and energy restitution results, a 3-layer system provides athletes with improved safety and performance. CLASSIC HD Our leading slit -film fiber, Classic HD was carefully crafted to maximize durability and safety, as well as be aesthetically pleasing. Designed to deliver ultimate strength, the system is a perfect match for fields with high use. With Tess abrasion and splash than competitive systems, Classic HD is proven on the field and in the lab. As we say, it's a Beauty and a Beast. Fiber Slit -Film Infill 3-layer Backing Finger -unit / SureLock COOLPLAY TOP DRESSING 1.800.724.2969 I info fieldturf.com I fieldtur f.c:om COOP PROPOSAL wi FieldTurf A Tarkett Worts Company KEEP YOUR ATHLETES COOL %MTH FIELDTURF`S LEADING FIELD COOLING TECHNOLOGY Ce6Iflay_ Out exClu4hve and intivyativr extruded rarripovle (LC) toy dressing. slows the system to c1eIrver the seine behaY1Or and overall %48brlrtyr rg F field T urt'5 E Irte gyytern #held: whrc h c an tM rsxrnd rr cYinti• or lapis weir4d t 114Oct rerrQwrlc[t 1 t.11[tlurlli c IPlyy teikrk rhWttki ry WWIPItlf trurrr OAP fin reilek:ra MK( PI]t thn'sae MIXED CRYOGENIC (SIN) RUBBER & SILICA SAND LAYER IEL SILICA SAND BOTTOM LAYER 200 140 ▪ ieo T70 160 150 140 130 120 110 144 1M ZIP JP r ,w +Olt tub OW AMA ri c -35°F COMER THAN TRADITIONAL SAND/ RUBBER SYSTEMS PRICE INCLUDES: a) Mobilization & Layout of our work b) Removal and disposal of existing main field turf system including infill c) Box drag existing main field stone base for planarity only — No additional stone included d) Furnish & Installation of the artificial in -filled grass surface on main field upon a suitable base e) Removal & replacement of goal posts along f) Furnish and install new baseball bases with sleeves g) Additional scope of work for the batting cages detailed below: • Removal & disposal of existing batting cage turf and replace with new FIT turf no infill • Remove and replace batting cage netting, clean and paint batting cage fencing, repair/ cap off batting cage electrical to make it safe h) An 8-year 3rd party pre -paid insured warranty on the FieldTurf artificial grass surface, apart from the base areas and slide zones, which will carry a 2-year manufacturer's warranty. Furthermore, the following designated high traffic areas are excluded from the warranty: home plate, pitcher's mound, pitcher's lane, catcher's box, batting cage and bullpen area.Performance and Payment Bond fees and all applicable taxes i) Inlaid Sports Markings, Logos, and Maintenance Equipment per COOP breakdown PRICE DOES NOT INCLUDE: a) The base upon which the FieldTurf artificial turf surface will be placed. FieldTurf shall not be responsible for the stability, the porosity, nor the approval of the base upon which the FieldTurf surface will be installed, the drainage system, nor any construction or modification of existing installations around the fields. 1.800.724.2969 I info fieldturf.com I feldturf.com COOP PROPOSAL �JFieIdTurfi A Tarkett sports t'ifmpany IV b) FieldTurf is not altering or improving the existing drainage system under the existing artificial turf limits. No removal, milling, ponding, flooding or repairs within the existing base and drainage system are included and shall remain the responsibility of the owner. c) The supply, replacement, installation and/or modification of the existing field edging, perimeter nailer board or existing inner concrete curbing within the artificial turf limits. d) The supply and import of additional finish aggregate. e) Any costs associated with necessary charges relating to the delineation of the field. f) Unless otherwise specified, the price does not include any G-max testing. g) The supply of or adjustment to existing manholes, clean -outs or grates and supply of the manhole covers. h) Any alteration or deviation from specifications involving extra costs, which alteration or deviation will be provided only upon executed change orders, and will become an extra charge over and above the offered price. i) Repair or resurfacing existing asphalt parking lot if damaged by truck traffic. j) Site restoration, sodding, landscaping or grow -in. k) Permit fees, Inspection fees, Site security. I) A vehicle to tow FieldTurf maintenance equipment. m) All prevailing wages, union labor and other labor law levies. n) Anything not explicitly noted in the inclusions or not noted in the COOP breakdown including but not limited to end zone letters. o) No contingency for unforeseen items like but not limited to nailer board replacement or added stone for base has been carried in this proposal and final price. FieldTurf recommends the owner carried an internal contingency for these items. Price is based on current square footage shown above. Any changes in square footage, sports markings, or added logos of any kind will result in a change in price and this proposal to be void. PI' The price is valid for a period of 30 days. The price is subject to increase if affected by an increase in raw materials, freight, or other manufacturing costs, a tax increase, new taxes, levies or any new legally binding imposition affecting the transaction. The parties recognize that the effects of global economic instability are currently unpredictable and could lead to limitations in labor availability and delays in the supply and delivery of materials, equipment or products. In addition, as these contingencies have not been factored into this proposal; materials, equipment and/or products to be used in performing the work may become subject to a price increase. Accordingly, it is acknowledged that the seller/FieldTurf shall (a) not be subject to any damages for any delay due to events beyond its control and, (b) be allowed an equitable adjustment of the time and/or of the price of this proposal or any contractual document resulting therefrom. FieldTurf shall endeavor to notify you as soon as possible of any such events and/or contingencies. Please note that the seller/FieldTurf shall use its best efforts to ensure that it fulfills its commitments and will strive to minimize any negative impacts as they may arise. Thank you for your kind understanding. Turf Delivery Date to be a minimum of 30 days after receiving a fully executed contract and final approvals on shop drawings. Please feel free to reach out to any member of our project team with questions about our offer: Kristie Cramer Project Manager (423) 645-7533 Kristie.Cramer@FieldTurf.com Chris Wedge Regional Sales Manager (352) 242 7520 Chris.Wedge@FieldTurf.com 1.800.724.2969 I info fioldturf.com I ieldturf.00m COOP PROPOSAL t FieldTurf A Tarkett Worts Company Thank you again for your interest in FieldTurf, we look forward to working with you. Per: Marie -Christine Raymond, Director of Operations FieldTurf USA, Inc. / Tarkett Sports Canada, Inc. FieldTurf USA, Inc. holds the Cooperative Purchase contract, any PO for Contract must be made out to FieldTurf USA, Inc. 175 N Industrial Blvd NE. Calhoun, GA 30701 If you have questions regarding the FieldTurf and Beynon SmartBuy Cooperative Purchasing Program, please contact Eric Fisher at: Eric.Fisher@smartbuycooperative.com. .Sll in Buy PU RCWAS NQ PROGRAM FIELUTIJRF + BE=YNi]N 1.800.724.2969 f info lieldturf.com I feldturf.com COOP PROPOSAL �JFieIdTurfi A Tarkett iPorts Cb`mpany CONDITIONS Notwithstanding any other document or agreement entered into by FieldTurf in connection with the supply and installation only of its product pursuant to the present bid proposal, the following shall apply: a) This bid proposal and its acceptance is subject to strikes, accidents, delays beyond our control and force majeure. b) FieldTurf's preferred payment terms are as follows: (i) 50% of the Price upon Customer's execution of contract; (ii) 40% of the Price upon shipment of materials from FieldTurf's manufacturing facility; and (iii) Remaining balance of ten percent (10%) upon substantial completion of the field, which shall be achieved when Customer is able to use the field for its intended purpose, even if punchlist items remain and the Certificate of Completion has not been executed by Customer. c) Accounts overdue beyond 30 days of invoice date will be charged at an interest rate of 10% per annum. d) FieldTurf requires a minimum of 60 days after receiving a fully executed contract or purchase order and final approvals on shop drawings to manufacture, coordinate delivery and schedule arrival of installation crew. Under typical field size and scenario, FieldTurf further requires a minimum of 28 days per field to install the Product subject to weather and force majeure material. Access to any field will include suitable bridging over curbs from the staging area to permit suitable access to the field by low clearance vehicles. Staging area surface shall be suitable for passage with motor vehicles used to transport materials to the site and/or staging area. FieldTurf shall not be liable for any damages to the staging area or its surface unless such damages are caused by FieldTurf's intentional misconduct or negligence. f) This proposal is based on a single mobilization. If the site is not ready and additional mobilizations are necessary, additional charges will apply. g) h) i) e) FieldTurf requires a suitable staging area. Staging area must be square footage of field x 0.12, have a minimum access of 15 feet wide by 15 feet high, and, no more than 100 ft from the site. A 25 foot wide by 25 foot long hard or paved clean surface area 1) located within 50 feet of the playing surface shall be provided for purposes of proper mixing of infill ti;TarkettspoRrs Upon substantial completion of FieldTurfs obligations, the Customer shall sign FieldTurfs Certificate of Completion in the form currently in force; to accomplish this purpose, the Customer will ensure that an authorized representative is present at the walk-through to determine substantial completion and acceptance of the field, which may include a list of punch list items. FieldTurf shall not be a party to any penalty clauses and/or liquidated damages provisions. FieldTurf shall be entitled to recover all costs and expenses, including attorney fees, associated with collection procedures in the event that FieldTurf pursues collection of payment of any past due invoice. All colors are to be chosen from FieldTurfs standard colors. THE TARKETT SPORTS FAMILY - LEADERS IN SPORTS SURFACING FieldTurf A rarkott Sports Company BEYNON Tarkett Sports Company renner A Ocy-on Ro. Coma, 0 GRASSMASTEH PLAYMASTER 6v ;rka115r::nt: °VALITY Preferred Producer OFFICIAL TURF USA FOOTBALL OFFICIAL PARTNER PREFERRED SUPPLIER PPNI uSO«A110, aT cradletocrcdle 1.800.724.2969 I Info fieldturf.com I fieldturf. om -32'-3" Exhibit B 2 42I'-9" FIELDTURF LIMITS 360' FOOTBALL FIELD (I/I) 330' SOCCER FIELD (O/O) -OS -OE -0 OS' 017. OS- Oti. Iiiiiiiiiiiiiiiiii , o o� -2 0 '3 0 -4 0 CONCEPTUAL DRAWINGS ONLY: DRAWINGS ARE INTENDED ONLY TO BE AGRAPHIC RENDERING FOR PURPOSES OF PRELIMINARY PRESENTATION; ALL DISTANCES AND MEASUREMENTS ARE APPROXIMATE IN NATURE AND SUBJECT TO FIELD VERIFICATION. 29'-6" — APPROVED BY: SIGNATURE: PRINTED NAME: TITLE: DATE: SPORT COLORS: FOOTBALL COMPLETE COLOR NAME: WHITE PANTONE COLOR NUMBER: WHITE SOCCER COMPLETE COLOR NAME: CANARY YELLOW PANTONE COLOR NUMBER: 13 GC BASEBALL COMPLETE COLOR NAME: WHITE PANTONE COLOR NUMBER: WHITE LOGO COLORS: COMPLETE COLOR NAME: RED PANTONE COLOR NUMBER: 185C LEGEND: COMPLETE COLOR NAME: MUSTARD PANTONE COLOR NUMBER; I24C COMPLETE COLOR NAME: CANARY YELLOW PANTONE COLOR NUMBER: 13 GC COMPLETE COLOR NAME: LAGOON BLUE PANTONE COLOR NUMBER: 292C COMPLETE COLOR NAME: WHITE PANTONE COLOR NUMBER: WHITE COMPLETE COLOR NAME: REFLEX BLUE PANTONE COLOR NUMBER: RFXC COMPLETE COLOR NAME: ORANGE PANTONE COLOR NUMBER: IGGC -HELD GREEN FIELDTURF INFIELD (FTHD-2) 6,544 aft. ft. -CLAY BROWN FIELDTURF INFIELD (FTHD-2) 5,909 sq. ft. -FIELD GREEN /SUMMER GREEN FIELDTURF OUTFIELD (FTHDSP) 87,673 sq. ft. -CLAY BROWN FIELDTURF WARNING TRACK (FTHDSP) 12,P42 sq. ft. TOTAL FIELDTURF 2,869 sq. ft. CLAY FIELD LAYOUT NOTES (sports are In order of dominance); FTHD-57 FTH D-2 . FOOTBALL MARKINGS ARE 4" WHITE NFHS STANDARDS. 2. SOCCER MARKINGS ARE 4" CANARY YELLOW NFHS STANDARDS. 3. BASEBALL MARKINGS ARE 4" WHITE NFHS STANDARDS. FIELD DOMINANCY IS ONLY WITHIN THE FOOTBALL FIELD OF PLAY. ALL DIMENSIONS TO BE VERIFIED BEFORE ANY CONSTRUCTION BEGINS. NFHS STANDARDS LID CHECKED B TOTAL F IELD AREA PERIMETER 27 36851 O" FIELDTU RF LIMITS 4" FOOTBALL PERIMETER (WHITE) 180" X 196' SLW04_D 180" X 187' SLW04_D 180" x 147' AGREEN 180" x 108' AGREEN 180" x 80' AGREEN 42 I'-9" FI ELDTU RF LIMITS 30 4" OF GREEN ON THE INNER EDGE OF THE ROLL %/%/2 2//. 180" X 187' SLW04_D 180" x 140' AGREEN 180" x 102' AGREEN 180" x 76' AGREEN 80"(4 54' AR F FTHD-57 FTH D-2 FTHD-57: OUTFIELD GREEN FIELD AREA: 87,673 sq. R. GREEN TURF MANUFD: 96,806 sq. R. GREEN EXTRA TURF: 10.4 FTHD-2:1NFIELD GREEN FIELD AREA: 6,544 sq. R. GREEN TURF MANUFD: 7,740 sq. R. GREEN EXTRA TURF: 18.3 CUT-OFFS FROM ROLLS PLACEMENT OF CUT-OFFS CHECKED B TOTAL FIELD AREA TOTAL TURF MANUFD TOTAL EXTRA TURF WASTAGE 0 42 I'-9" FI ELDTU RF LIMITS .r//777��/r77irZriir77/r77//777/777�/7/777/r77/r77/��/r77/T/T/��/%m//7�T///77/T/T/�ir77/r77/r7//TT/777//77//777 ir77/m7/777 //77//777/77/7776- 180" x 190' ALLCBR 36851 O" FIELDTU RF LIMITS 180" x 190' ALLCBR + FTHD-57 FTH D-2 FTHD-2: WARNING TRACK CLAY BROWN FIELD AREA: 12,742 sq. R. CLAY BROWN TURF MANUFD: 20,370 sq. R. CLAY BROWN EXTRA TURF: 59.9 FTHD-21NFIELD CLAY BROWN FIELD AREA: 5,909 sq. R. CLAY BROWN TURF MANUFD: 9,430 sq. R. CLAY BROWN EXTRA TURF: 42.7 CUT-OFFS FROM ROLLS PLACEMENT OF CUT-OFFS CHECKED B TOTAL FIELD AREA TOTAL TURF MANUFD TOTAL EXTRA TURF im I `o y _ 0 WASTAGE 0 Exhibit C 1 City of Miami Master Report Enactment Number: R-15-0137 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00272 Version: 1 File Type: Resolution Status: Passed Reference: Controlling Body: Office of the City Clerk File Name: Auth. Piggyback - Floor Coverings Requester: Department of Procurement Cost: Introduced: 2/23/2015 Final Action: 3/26/2015 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF FLOOR COVERINGS WITH RELATED SUPPLIES, EQUIPMENT, AND SERVICES FROM VARIOUS VENDORS, THROUGH EXISTING STATE OF FLORIDA (" STATE") CONTRACT NO. 360-240-12-1 NJPA, AVAILABLE THROUGH THE NATIONAL JOINT POWERS ALLIANCE ("NJPA") COOPERATIVE PURCHASING ORGANIZATION, EFFECTIVE THROUGH MARCH 18, 2016, SUBJECT TO ANY RENEWALS, EXTENSIONS, OR REPLACEMENT CONTRACTS BY THE STATE AND/OR THE NJPA, TO BE UTILIZED ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER ACKNOWLEDGING THE COOPERATIVE PROCUREMENT BENEFITS OF THE NJPA COOPERATIVE PURCHASING ORGANIZATION THAT ENABLES THE CITY OF MIAMI ("CITY") TO AGGREGATE ITS PURCHASING VOLUME WITH THAT OF OTHER PARTICIPATING MEMBER PUBLIC AGENCIES, IN ORDER TO REALIZE A LARGER PERCENTAGE DISCOUNT PRICING STRUCTURE TO THE FINANCIAL BENEFIT OF THE CITIZENS OF THE CITY; FURTHER AUTHORIZING THE USE OF ALL COMPETITIVELY SOLICITED AND AWARDED CONTRACTS AVAILABLE THROUGH THE NJPA, AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED, SUBJECT TO ANY RENEWALS, EXTENSIONS, OR REPLACEMENT CONTRACTS BY THE NJPA, TO BE UTILIZED ONANAS-NEEDED CONTRACTUAL BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. Sponsors: Notes: Indexes: Attachments: 15-00272 Summary Foin.pdf,15-00272 Legislation.pdf,15-00272 Exhibit.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Office of the City 3/20/2015 Reviewed and Attorney Approved 1 City Commission 3/26/2015 ADOPTED Pass 1 Office of the Mayor 3/26/2015 Signed by the Mayor Office of the City Clerk 1 Office of the City Clerk 3/26/2015 Signed and Attested by City Clerk City ofMiami Page I Printed on 6/14/2021 Date: 2/20/2015 AGENDA ITEM SUMMARY FORM 15-00272 FILE ID: Law Department Matter ID No. Requesting Department: Purchasing/Citywide Commission Meeting Date: 03/26/2015 District Impacted: All Type: 17f Resolution n Ordinance n Emergency Ordinance n Discussion Item Other Subject: Authorizing the piggyback of State of Florida Contract No. 360-240-12-1 NJPA— available through the National Joint Powers Alliance Cooperative Purchasing Organization, for Floor Coverings with Related Supplies, Equipment and Services Purpose of Item: The nature of this item is to establish a resolution authorizing the piggyback of State of Florida Contract No. 360- 240-12-1 NJPA, available through the National Joint Powers Alliance (NJPA) Cooperative Purchasing Organization, for Floor Coverings with Related Supplies, Equipment and Services from various vendors. The contract is effective through March 18, 2016, subject to any extensions and/or replacement contracts by the State of Florida and/or the NJPA. The City will allocate funds from various sources of funds from the user departments and agencies, subject to the availability of funds and budgetary approval at the time of need. Further authorizing the use of all competitively solicited and awarded contracts available through NJPA as set forth in Exhibit "A", attached and incorporated. Background Information: This resolution will authorize the use of the State of Florida Contract No. 360-240-12-1 NJPA, available through the NJPA Cooperative Purchasing Organization, for the procurement of Floor Coverings and Related Supplies, Equipment and Services. The NJPA Cooperative Purchasing Organization offers to member agencies, free of charge, access to contracts which have been awarded via various competitive solicitation processes by a public agency ("Principal Procurement Agency"). The cooperative procurement benefits of the NJPA Cooperative Purchasing Organization will enable the City to aggregate its purchasing volume with that of other participating member agencies to realize a larger percentage discount pricing structure to the financial benefit of the citizens of the City. Pursuant to Section 18-111 of the City's Procurement Code, the Chief Procurement Officer has also determined that all competitively solicited and awarded contracts available through NJPA, as set forth in Exhibit "A", attached and incorporated, were entered into pursuant to a competitive process in compliance with the City's laws, policies, and procedures. The adoption of this Resolution will also enable all City Departments to purchase goods and services, on an as -needed contractual basis, utilizing all competitively solicited and awarded contracts available through NJPA, as set forth in Exhibit "A", attached and incorporated, subject to the availability of funds and budgetary approval at the time of need. The estimated amount for fiscal year 2014-2015 is $862,492.78. Budget Impact Analysis NO Is this item related to revenue? YES Is this item an expenditure? If so, please identify funding source below. General Account No: Various sources of funds as required by the user Departments Special Revenue Account No: N/A CIP Project No: N/A NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? Start Up Capital Cost: N/A Maintenance Cost: N/A Total Fiscal Impact: $ 862,492.78 CIP N/A Grants Procurement Chief Final Approvals (SIGN AND DATE) Budget .3N5 Risk Management Dept. Director City Manager Page 1 of 1 N/A City of Miami Legislation Resolution . City Hall MOO Pan American Drive Miml lLS3133 www.mlamlgov,com File Nuntbert 15402172. Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF FLOOR COVERINGS WITH RELATED SUPPLIES, EQUIPMENT, AND SERVICES FROM VARIOUS VENDORS, THROUGH EXISTING STATE OF FLORIDA ("STATE") CONTRACT NO, 360-240-12-1 NJPA, AVAILABLE THROUGH THE NATIONAL JOINT POWERS ALLIANCE ("NJPA") COOPERATIVE PURCHASING ORGANIZATION, EFFECTIVE THROUGH MARCH 18, 2016, SUBJECT TO ANY RENEWALS, EXTENSIONS, OR REPLACEMENT CONTRACTS BY THE STATE AND/OR THE NJPA, TO BE UTILIZED ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER ACKNOWLEDGING THE COOPERATIVE PROCUREMENT BENEFITS OF THE 1 NJPA COOPERATIVE PURCHASING ORGANIZATION THAT ENABLES THE CITY OF MIAMI ("CITY") TO AGGREGATE ITS PURCHASING VOLUME WITH THAT OF OTHER PARTICIPATING MEMBER PUBLIC AGENCIES, IN ORDER TO REALIZE A LARGER PERCENTAGE DISCOUNT PRICING STRUCTURE TO THE FINANCIAL BENEFIT OF THE CITIZENS OF THE CITY; FURTHER AUTHORIZING THE USE OF ALL COMPETITIVELY SOLICITED AND AWARDED CONTRACTS AVAILABLE THROUGH THE NJOA, AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED, SUI3JECT TO ANY RENEWALS, EXTENSIONS, OR REPLACEMENT CONTRACTS BY THE NJPA, TO BE UTILIZED. ON AN AS -NEEDED CONTRACTUAL, BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED, WHEREAS, the National Jotnt Powers Alliance ("NJPA");Cooperative Purchasing Organization offers to member public agencies, free of charge, access to contracts each of whloh has been awarded via a competitive solicitation process conducted by a member public agency. ("Principal Procurement Agency"); and WHEREAS, the NJPA assists member public agencies in reducing the costs• of purchased goods by pooling the purchasing power of these public agencies nationwide; and WHEREAS, pursuant to Section 18-111 of the City of Miami's ("City") Procurement Code, the City's Chief Procurement Officer has also determined that all awarded contracts available through the NJPA, as set forth in Exhiblt "A," attached and incorporated, were entered into pursuant to a competitive process in compliance with the City's laws, policies, and procedures; and WHEREAS, the adoption of this Resolution will also enable all City Departments to purchase goods and services, on an as -needed contractual basis, utilizing all competitively solicited and awarded contracts available through the NJPA, as set forth In Exhibit "A," attached and incorporated, subject to the availability of funds and budgetary approval at the time of need; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: cAy of Miami Page 1 of 2 Flle lel: 1540272 (erstom 1) Printed On: 3/13/2015 Pile Numbor: 16-00272 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth In this Section. Section 2, The procurement of floor coverings with related supplies, equipment, and services from various vendors, through existing State Contract No, 360-240-12-1 NJPA, available through the NJPA Cooperative Purohasing Organization, effective through March 18, 2016, subject to any renewals, extensions, or replacement contracts by the State and/or the NJPA, to be utilized on a citywide, as -needed contractual basis, subject to the availability of funds and budgetary approval at the time of need, is authorized. Section 3. The cooperative procurement benefits of the NJPA Cooperative Purchasing Organization, that enable the City to aggregate its purchasing volume with that of other participating member public agencies in order to realize a larger percentage discount pricing structure to the financial benefit of the citizens of the City, are acknowledged. Section 4, The use of all competitively solicited and awarded contracts available through NJPA,as set forth In Exhibit "A," attached and inoorporated, subject to any renewals, extensions, or replacement contracts by the NJPA, to be utilized on an as -needed contractual basis, as applicable under Section 18-111 of the City's Procurement Code and subject to the availability of funds and budgetary approval at the time of need, are outhorized, Section 5, This Resolution shall become effective immediately upon its adoption and signature of the Mayer.{1) AP ROVED AS TO FORM AND CORRECTNESS: VI TORIA M NDEZ CITY ATTORNEY Footnotes: (1) If the Mayor does not sign this Resolution, it shall become effective at the end of ten (1.0) oalendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective Immediately upon override of the veto by the City Commission, City ofIllianti Page 2 of 2 mle .14: 15-00272 (*Mom 1) Printed Om 3/13/2015 EXHIBIT "A" NJPA Vendor Contract Interest And Selection Form The National Joint Powers Alliance (NJPA) is a public agency enabled under the authority of Minnesota state laws. NJPA nationally solicits and competitively bids and awards contracts on behalf of government and education agencies. In the event any of the listed contracts are of interest to your agency, please indicate your interest and return this form to mike.hajek@njpacoop.org. NOTE: Each contract is a live link to the contract file and documents on NJPA's website. NJ PA Contrac STATE Accepts Contract 082114-CSC 082114-CTP 082114-FTU 802114-HLC 052910-CLS 082114-MUI 082114-MSL 028114-NVC 082114-NFS 082114-PTA 082114-RBI 022712-511 082114-CSC 022113-FZC Vendor Name - BeckerArena Pro-ctutts--- 1-14 Connor Sport Court International, LLC Controlled Products Fieldturf Hellas Construction, Inc. Hussey Seating Company Mondo USA, Inc. - Athletic Surfaces Musco Sporting Lighting, LLC Nevco No Fault Sport Group LLC Porter Athletic Equipment Robbins Sports Surfaces Shaw Sport Turf Sport Court Zamboni 110911-GGI ezIOC - Gordian Group 101713-AOL 101713-CBS 101713-KVS 091311-WWG 090314-LSI 021412-LTI 101713-MIL 090314-PRI 101713-PEI 080613-CAT 110811-CCA A 080913-A15 021412-CFC 091214-WWG 011614-MI1 102412-ORK 022411-PPG 060311-SAC 031014-TPM 102111-TKE 101310-URI . , 051613-AAC 051613-AWI 031212-AFI 080212-ARI 051613-CAW 010511-CTI 110811-CST 102811-OCI 051613-SYS 102811-NAF 041712-GTC 102811-GFT 102811-HTL 010511-MRL ABCMouse.com Carolina Biological Supply Company FuelEducation Grainger -Science Equipment Learning Sciences International, LLC Lightspeed Technologies, Inc. Middlebury Interactive Languages, LLC NCS Pearson, Inc. Pearson Education, Inc. Caterpillar, Inc. - Electrica Cost Control Associates TEN Access Information Systems, Inc. Continental Flooring - Classroom Sound Grainger - Facilities Maintenance Motion Industries, Inc. Orkin, LLC PPG Architectural Finishes Sullair, LLC Thompson Pump ThyssenKrupp Elevator United Rentals, Inc. Agile Access Control, Inc. AssetWorks, Inc. AutoFlex, Inc. Automotive Rentals, Inc. (ARI) CALAMP Wireless Networks Car Toys, Inc. CST Fleet Services DriveCam Fuelmaster General Motors Goodyear Tire & Rubber Company Gresham Ford Husky Trucks, LLC Mohawk Resources, Ltd. Generation Description Athletic & Recreational Surfaces, Playgrounds and Equipment/Ice Rink Construction, Renovation and Equipment Sports Surfaces Synthetic Turf Artificial Turf Synthetic Sports Surfaces Stadium Seating Athletic Surfaces & Equipment Sporting Lighting Solutions Video Display & Scoring Solutions Playground & Athletic Surfacing Athletic & Recreational Equipment Synthetic Sports Flooring Systems Athletic Surfaces & Equipment Sports Surfaces Zamboni Ice Resurfacers Building Services nfrastructure Repairs, 00 Education Curriculum Education Curriculum Education Curriculum Science & Lab Equipment Education Leadership Development Classroom Audio Education Curriculum Education Leadership Development Education Curriculum Power Generators Engery Solutions ng, Alterations, Mitigation Inspection Services Acoustic Ceiling & Wall Panels Facility Maintenance, Repair, Operations Vehicle Auto Truck Parts Pest Control & Elimination Paint & Wall Coverings Portable Air Compressors Public Utility Sewage, Dewatering, Bypass Pumps Elevator Equipment & Services Construction Rental Equipment Fleet Services & Equipment Asset Management Software Solutions & Services Electric Vehicle Charging Solutions Vehicle Maintenance Management & Related Services Equipment & Data Solutions Fleet Security GPS Fleet Management Consulting Safe & Efficient Driving Solutions Fuel Management Technologies Passenger Cars & Light/Medium/Heavy Duty Trucks Tires Electric/CNG Alternative Fuel Vehicles & Related Accessories Cab -Over Trucks & Walk -In Vans Vehicle Lifts & Hoists (Initials .,t4f1V:14d3 NJ PA Contrac STATE Accents Contract # Vendor Name Description nitia Is 010511-GPC 031212-GPC 102811-NAF 102811-NSF 051613-NWF 062411-WEF 051613-ZSI It 022712-BPS 022712-CFC 022712-IFA 060613-MMI 022712-MAC 022712-MCD 022712-511 022712-TFU 090414-MUG 103013-5ES 083011-SPG 032414-CLA 011713-DRX 011713-DDI 100411-HUM 021512-LFF 080614-MML 011713-RTL 071212-SHC 042314-SLA 080614-ZMI 031711-AGI 060311-CEC 060311-CHN 031711-CIH 060311-CAT 031711-DAC 060311-CEC 031014-GRD 060311-JDC 060311-GUS 031711-CIH 060311-CNH 081311-BBS 111010-S CC 070313-AGI 031014-BAN 070313-DAC 070313-DMM 070313-JCS 070313-JCS 070313-KBA 070313-LPI 043012-NPI 043012-PIT 011014-RTP 121511-UPS 022712-CDW NAPA (Genuine Parts Company - BS) NAPA (Genuine Parts Company) National Auto Fleet Group Northside Ford Trucks Verizon NetworkFleet Wright Express Financial Services Corp. Zonar Systems Inc. BentleyMills, Inc. Continental Flooring - Floor Covering Interface Americas - Flooring 2012 Manning -ton Commercial Milliken & Company Mohawk Carpet Distribution, Inc. Shaw Contract Group Tandus Flooring u ti-Unit Group (UniPro) Strategic Equipment and Supply U.S. Foods B,1*. OL. Colonial Life & Accident Insurance Company Data-Rx Management, Inc. Diamond Drugs, Inc. Benovate Life Fitness A division of Brunswick Corp. Moore Medical Redwood Toxicology School Health Corporation - Athletic Sun Life Financial Zee Medical, Inc. ,CtSlIFVE' Alamo Group (TX) Inc. Bobcat Case Construction Case IH Agricultural Caterpillar, Inc. - Heavy Equipment Deere and Company - Ag Implements (DAC) Doosan Gradall Industries John Deere Construction Retail Sales Manitowoc New Holland Agricultural New Holland Construction Best BuVStores, LP Staples Contract & Commercial, Inc. - Janitorial Supplies Alamo Group (TX) Inc. Bandit Industries, Inc. Deere and Company - Grounds Maintenance Diamond Mowers, Inc. Dixie Chopper Jacobsen, a division of Textron Kubota Land Pride CES/MAILsEQUIP Neopost Pitney Bowes Ryan Transportation Service UPS CDW-G - Cisco & icroso Auto Parts/Inventory Management Vehicle Auto Truck Parts Vehicles (Passenger Cards and Light/Medium/Heavy Duty Trucks) Electric/CNG Alternative Fuel Vehicles & Related Accessories GPS Fleet Tracking Fuel Payment Ma_nagemerit FetManegement Telematics, Mobile Devices, and Web Based Alerting and Reporting Tools Floor Covering Floor Covering Modular Carpet Tile Floor Covering Floor Covering Floor Covering Floor Covering Floor Covering Food Kitchen Equipment Food Employee Voluntary Benefits Transparent Prescription Benefit Management Pharmacy Benefit Management for Correctional Facilities Healthcare Solutions Exercise and Rehabilitation Equipment Medical, Surgical and First Aid Drug and Alcohol Testing Options Nursing Supplies Athletic and Medical Supplies Life Insurance Medical & First Aid Supplies and Equip Ag Implements & Mowers Construction Equipment Construction Equipment Ag Tractors & Implements Construction Equipment Ag Tractors Construction Equipment Telescoping, Tilting Boom Excavators Construction Equipment Cranes & Lifts Ag Tractors & Implements Construction Equipment Custom Technology Solutions ent, Janitorial Supplies and Related Custodial Equipment „! Aiing „d4 Industrial Mowers Industrial Wood -Processing Equipment Mowing & Turf Equipment Industrial Mowers Mowing & Turf Equipment Mowing & Turf Equipment Tractors, Utility Vehicles and Construction Equipment Grounds Maintenance Equipment ailing Machines & Related Equip en Logistic Services & Mail Equipment Logistic Services & Delivery Shipping Logistics atir %0,‘ 64-41e,IS 4,0054 ,V0V,t444rTrilr E-Rate Solutions NJPA Contract STATE Accents Contract # Vendor Name Description (Initials) 031913-DBM 101012-KII 022712-MBS 101012-PHL 101012-PFI 011211-RRD DeBourgh Manufacturing Company Krueger International - Classroom Furniture Mitel Business System, Inc. Palmer Hamilton PS Furniture RR Donnelley -chool-SpecialtyTInt. - oom Furniture-- 052910-SSI 100312-SEC 031210-SCC 052910-SCC 010615-SCC 052910-STI 113012-AUI 050714-BCM 050714-LBC 090512-PSI 050714-RCC A . 022113-ARC 022113-CXT 022113-FPI 022113-LTS 022113-PPC 022113-SFS 022113-FBG 090314-GWW 042911-GDI 110811-WWG 042911-JJK 021610-MPI 110811-OER 042911-PRC 080913-RAM 090314-RNA 090314-SSC -itnaltA 01 714-BRN 123011-WWG 090512-VTH 090512-HVI 102811-NAF 011714-RMN 011714-SFA 031014-ALT 022014-AMI 031014-CMW 031710-FSC 013012-EPI 022014-EVS 031014-FTS 052412-FOL 031710-GP 022014-HVC 060311-MTQ 031014-NG5 102811-OKC 031014-HMC 022014-RVL 022014-AMI Braun Indu School Specialty, Inc. - Furniture 2010 Sharp Electronics Staples Contract & Commercial, Inc. - Office Supplies Staples Contract & Commerical, Inc. - Furniture Staples Contract & commerical, Inc. - Office Supplies Steelcase, Inc. Argo USA, Inc. Brunswick Commerical & Government Products Lund Boat Company Polaris Industries, Inc. RECONCRAFT 4 American Ramp Company CXT - LB Foster Fountain People, Inc. & Water Odyssey Playpower Systems Poligon by PorterCorp SofSurfaces, Inc. The Fibar Group, LLC GiANT Worldwide Gov Deals, Inc. Grainger- Professional Services JJ Kane Associates Manpower Optimum Expense Recovery & Consulting PropertyRoom.com RAM -USA Randa Solutions Skillsoft Corporation stries, Inc. Grainger - Public Safety Equipment Hackney Havis, Inc. National Auto Fleet Group Rosenbauer Smeal Fire Apparatus Altec Industries, Inc. Cues, Inc. (Atlantic Machinery) Ditch Witch Elgin Sweeper Company (Federal Signal) Ennis Paint, Inc. Envirosight Felling Trailers, Inc. Flex-O-Lite Genie Industries, Inc Hi -Vac Corporation Multiquip Northrop Grumman Oshkosh Corporation Pac-Mac RapidView, LLC Schwarze Industries (Atlantic Machinery) Facility Security Classroom & Educational Furniture E-Rate Solutions Innovative Cafeteria Solutions Furniture & Storage Commercial Print, Forms & Labels Cla-s-s-roOrn Furniture — - - Furniture & Storage Copiers & Digital Imaging Office & Classroom Supplies Furniture & Storage Solutions Office, School and Workplace Supplies Office Furniture Extreme Terrain Vehicles (E Commerical & Government Boats Aluminum & Fiberglass Boats/Watercraft 12-23' Off -Road Rescue Vehicles Aluminum Shallow -Draft Work Boats Skate Parks Athletic & Recreational Surfaces, Playgrounds and Equipment Aquatic Playground Equipment Playground Equipment: Little Tikes, Miracle Recreation, Soft Play, EZ Docks, USA Shades, Hags Park & Shade Structures, Athletic Surfaces, Outdoor Fitness Equipment Playground Safety Surfaces Playground Safety Surfaces $7,T440„IS Professional/Management/Leadership Training Surplus Equipment Liquidation Safety Management Surplus Equipment Liquidation Professional Staffing Solutions Expense Audits Surplus Equipment Liquidation Inspection Services Professional/Management/Leadership Training Professional/Management/Leadership Training Ambulances Fire & Law Enforcement Equipment Bodies and Trailers for Fire, Rescue, Law Enforcement and Mobile Communications Vehicle Office Solutions, Prisoner & K9 Transports Ambulance and Police Vehicles Fire Fighting Apparatus Fire Fighting Apparatus „ . it* Aerial Lifts, Cranes & Chippers Pipeline Inspection Equipment Underground Construction Equipment Street Sweepers Airfield Marking Paint Public Utility Pipeline Inspection Equipment Equipment Trailers Airport Glass Beads Material & Personnel Aerial Lifts Sewer Vacuum Trucks Portable Generators, Light to Medium Construction Equipment Meter Reading Equipment Airport Snow Removal & Rescue Equipment Knuckle -Boom & Rear Loaders Pipeline and Manhole Inspection Systems Street Sweepers N PA Con STATE Acceot Con ac Vendor Name Description nitia 022014-SCA 022014-SPL 031710-GII 022014-GRD 022014-AMI 031710-FSC 070313-VRM 080114-ACS 113012-CGI 080114-EPK 113012-FRM 113012-HDI 080114-HPI 080114-IHI 080114-JAL 080114-KNM 113012-VTL 113012-MBC 080114-MBC 080114-MTE 113012-PBL 080114-RPM 113012-SMC 080114-TII 080114-VCM 080114-WAS 080114-WEC 060311-WAI Sewer Equipment CompanyofAmerica Super Products LLC Terex Vacall Vac -Con (Atlantic Machinery) Vactor Manufacturing (Federal Signal Corp.) Vermeer Corporation oavk Accu Steel Inc. Cargill, Incorporated Epoke North America Falcon Road Maintenance Equipment, Inc. H.D. Industries, Inc. (Pro -Patch) Henderson Products Inc. Iron Hawk Industrial Distribution Inc. J.A. LaRue Inc. Kennametal, Inc. LeeBoy, Inc. M-B Companies, Inc. M-B Companies, Inc. Monroe Truck Equipment Inc. PB Loader Corporation RPM Tech Inc. Stepp Manufacturing Company, Inc. Tenco Viking Cives Midwest Inc. Accu Steel Inc. Winter Equipment Company Wsrtgen America, Inc. 052910-KII Spacesaver 031913-MSU 100614-CDW 121614-FRS 040314-MBS 113011-SDI 031913-SIE 031913-5GL 031913-TIS 113011-TTI 121614-VRS 100614-ZNI 1IIfLSP 022210-ABC 022210-IBG 083110-BBB 022210-CEB 022210-DAT 022210-ENK 083110-HBC 022210-NBS 083110-NBS 083110-PSF 083110-5NW 022210-SVI 022210-TES AlertSense CDW Government, LLC FRSecure, LLC Mitel Business Systems, Inc. SchoolDude.com, Inc. Siemens Building Technologies SimplexGrinnell LP Tyco Integrated Security Tyler Technologies, Inc. - Administrative Software Vaco Risk Solutions Zones, Inc. ABC Bus, Inc. Alliance Bus Group Blue Bird Bus Coach & Equipment Bus Sales, Inc. DATTCO Sales & Service ElDorado National - Kansas, Inc. Hoglund Bus & Truck Co. National Bus Sales & Leasing, Inc. - Mass Transit National Bus Sales & Leasing, Inc. - Prison Busses Peach State Freightliner Schetky Northwest Sales, Inc. SVI, Inc. TESCO Mi4014,!.. 061812-PSS 012111-UFC WASTE 020613-CEI 060612-ESG 060612-ESG 060612-0DB 070313-PII Payless ShoeSource UniFirst Corporation Cascade Engineering, Inc. ESG - Heil Environmental Marathon Equipment Company Old Dominion Brush Company Petersen Industries Sewer Cleaning and Hydro Excavating Equipment Sewer Cleaning and Hydro Excavating Equipment Aerial Lift Equipment Sewer Vaccuum Street Sweepers Hydro -Excavators Sewer, Catch Basin Cleaners & Hydro -Excavators Sewer & Catch Basin Cleaners & Hydro -Excavators Trench er-s-,-Di rectional-Drilts-ax-c-avafors - 4 Snow/Ice Removal Equipment& Accessories tr)1WWIr,?,- AccuBrines automated prine maker: anti -icing Snow/Ice Removal Equipment & Accessories Asphalt Recycler & Hot Box for Asphalt Repair Pot -Hole Repair Snow/Ice Removal Equipment & Accessories Snow/Ice Removal Equipment & Accessories Snow/Ice Removal Equipment & Accessories Snow/Ice Removal Equipment & Accessories Paving & Roadway Equipment Ashpalt Patching, Sweeper Replacement Brooms & Striping Equipment Snow/Ice Removal Equipment & Accessories Snow/Ice Removal Equipment & Accessories Road Maintenance Equipment Snow/Ice Removal Equipment & Accessories Asphalt Maintenance Equipment Snow/Ice Removal Equipment & Accessories Snow/Ice Removal Equipment & Accessories Snow/Ice Removal Equipment & Accessories Snow/Ice Removal Equipment & Accessories Pavement Recycling First Responder Communication System One -Stop Total Technology Solutions Provider Information Security Telecom Phone Systems/Cellular Service On -Demand Educational & Operations Management Facility Security Equipment Facility Security & Related Services Security Systems Administrative Software Information Security Dell Computers and Accessories -1- Transit Buses Transit Buses School Buses Transit Buses Transit Buses Transit Buses International School Buses & Prison Buses Transit Buses Prison Buses School and Prison Buses School Buses Transit Buses Transit Buses Footwear Employee Uniforms Waste Collection and Recycling Related Equipment Front Load, Automated, & Rear -load Refuse Collection Vehicles Onsite Waste Compaction and Recycling Systems Vacuum, Debris & Refuse Collection Equipment Knuckle -Boom Loaders NJPA Contract STATE Accents Contract # Vendor Name Description 020613-5[v shreuuuSA Document Shredding and Recycling omoz*vES ven|mssTechnical Solutions Recycling Universal Waste and Hazardous Materials 060612-wo/ wastequip, Luc Waste & Recycling Equipment AgencyName: Email., __um��Me. ___ 2112/2015 February 19, 20 MEMORANDUM; NO.: 3607240-'t2 TO: : User Agency FROM: Director. State Purchasing NJPA)-1 Amendrnerit to Contract No.;360-240.12-1 NJPA Floor Coverings ',With Related Supplies; Equipment and Servio The fo#iowing changes have been made to the subject contract: • The Parties amend the Contract to reflect the name change of theContra from Tandus, FldorirrgUS, LL.0 to Tandiis Centiva US 11c Any questions or problems In delivery or service that may arise regarding this contract should be directed, to Ashli Harvey et (880) 922-1214, or ashli.harrev c(7.dms.myfIorida.corn - le • NOME.NT NO.: 1 ted-SuppilesiEgfi e t o.tr36Q-240-121 NJPA • . This Amendment, effective February 4, .2014; is by and betWeen theState Of Florida! Department of Management pathless (Department), Division of State Purchasing (bhilsion), an agency of the State of Florida with offices at 4950 Esplanade WaY,:Tellahaisee, Florida 32409- 090i and Tandus Floonng US, LLC, now known as TenduSiCenthia US LLC (Contractor), and emends ,*3072.40,.124 NJPA. ;, - i • I • Contractot and Florida 'are partiesto the contract with.ah effective date of January • 17,1. relating to the provision' of services provided by the Contractor to the Stateof Florida: vvti.gAsitp, the State of Florida and the Contractor desire to revise the contract to Incorporate .the Ceritnietor's name dhange from Tench:is Flooring US; LLC to Tandus Centiva US LLC .,. NOWiTHEIIEFOXIE; in consideration of Op 1:!regonil and for other good and valuable ., ••• • • . .. ... . :......... ... ... . • . . consideration, the sufficiency of which is hereby acknowledged, the Parties hereto .agree as foilo.Ws::• :,.... : • - • ' ' . * - . . , • - . ". . :• . •. .... . , . .. . . : • • • • • : .. - .. •". • . . . ... . . . • tO The Parties hereto emend the Contract to reflect the natne change of the Contractor frorn •T.andus Flooring. US, LLC to Tandus Centive • . • . 2J0 The Parties; heret0 aver all other:terms and cenditIons of the Contract &sir fully rewritten •• • • •• . • •• • • ; • • • • • • • • 3.0 Coifflct To the extent any of the terms ofthis Athendirent conflict with the terms ;of the ••• Cohltatt the terms of this Amendment shall Contra:. • • , • .'• • • 4.0 Watiatit•Of AOtheritit, Each person signing' this Amendment:Warrants- that he. or she le duly - • . -authorized to do soto ,bthd the respective party. • • . ; • . . • . ..• — 0.0 Effect. Unless otherwise Modified by this Amendment, all terms and 00nddIQfls contained in :the Contract. shell continue ihfull force and in effect.: . • : ; • • }<fifty-4,a • Prre.adr purchnding and Chief Pridcuretnent pfficer Coate: Name: •Lconard i. Ferro Title Presidcnt\CFOCOO Februnry 18, 20.14 AMENDMENT NO.: 2 emit ,h_Related-SUppllesvEctuipmen Contract No.: 360-240424 NJPA This Amendment, effective February 21, 2014, is by and between the State of Florida, Department of Management Services (Department), Division of StatePurchasing (Division), an agency of the State of Florida with offices at 4050 EsplanadaWay, Tallahassee, Florida 32399- 0950, and Bentley Prince Street, Inc. now known as Bentley Mills, Inc. (Contractor), and amends 300.24012.1.NJPA (Contract). WHEREAS, Contractor and Florida are parties to the Contract with an effective date of January 17, 2013, relating to the provision of services provided by the Contractor to the State of Florida; WHEREAS, The State of Florida and the Contractor desire to revise the Contract to Incorporate the Contractor's name change from Bentley Prince Street, Inc. to Bentley Mills, Ina NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1.0 The parties hereto amend the Contract to reflect iiie name Change of the Contractor from 13entleyPrince Street, Inc.. to Bentley Mills, Inc. 2.0 The Parties hereto aver all Other terms and conditions of the Contract as if fully rewritten herein: 3.0 Conflict. To the extent any of the terrns of this Amendment conflict with the terms of the Contract, the termof this Amendment shall control. 4.0 Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. 5,0 Effect. Unless otherwise modified by this Amendment; all terms and conditions contained in the Contract shall continue in full force and in effect. - State of Florida, Depait ntof Ma e entServices By: Kelley J. S Director o Chief Procurement Officer Date: Contractor Bentley Mills, Inc. ate Purchasing and Timi: Chief Financial Officer Date:. February 27, 2014 Floor Coverings with Related Supplies, Equipment and Services /Alternate Contract Sour...Page lof3 Department �� �� � @� ^ ��» "'"����������� �������ces Florida Department of Monaqement Services > Business Operations > State Purchasino > Vendor Information > State Contracts and Aqreementy > Alternate Contract Source > Floor Coverings with Related Supplies, Equipment and Services ;<< -H-8�tUrn—' Floor Coverings with Related Supplies,. Equipment and Services360~240~ Effective Period 01/17/201]through O3/18/2O16 Contract Type Alternate Contract Source Contract Information Contract Documents Contract ° Administration, ComK�odity Codes Description ° Price Sheets and OrdehnqInstructions ° contractors How to Use this Contract Frequently Asked Questions PDF(���� 1.11 M8) �� Exh|bitA- N]PA RFPU22812 F|oorC \��inq 291.44 KB) Exhibit PUR1UO0for ACSN]PA(H42.44KB) Bentley Mills, Inc Continental F|oohnqCompany Interface Americas Milliken Services _ Mohawk Carpet Shaw Industries TandusCentivaUSLL[ Amendments and Memorandums Forms and Other Information Aoh|iHarvey 850-022-1214 ash|i.harvev6bdms.mvf|orido.com 355-100,355-200,355-250,355'650,355-700, UN5PSC-31201600, UN5PSC' 3O1G17OO,UNSPS[-3U1517O1,UNSPSC-3O1617O2,UNSPSC-3O1617O3, UNSPSC-301616706,UNSPSC-30161707, UNSPS[-52100000 This Alternate Contract Source (AC3) is for the purchase of floor coverings for State of Florida Agencies and other eligible users utilizing the National Joint Powers Alliance (N]PA) contract (competitively solicited) for the purchase and installation of new carpet and flooring products (e.g, broadloom carpet, carpet tiles, rubber flooring, VCT, linoleum, sheet vinyl, and walk -off mats) intended solely for use as commercial grade floor coverings. Contractors participating are listed onthis ACS. Benefits eAdditional discounts are negotiable for large quantity orders and one time delivery of large single orders °30-day delivery time (some quick ship) ~A|| carpet manufacturers have a reclamation program and guarantee carpet will not go into landfill (some charges may apply though) °Largese|ection of1OO percent recycled products on contract °VVida product selection with uverS,OUO items on contract. Custom options available Floor Coveringswith Related Supplies, Equipment and Services / Alternate Contract Qonz.. Page 2of3 °NSF 120-I007, CRI green label plus, and cradle -to -cradle certifications. Most products on Florida Climate Friendly Preferred Products List (FCFPPL) °Dedicated contractor vvobsitowith installed prices, servicing dealers and LEED green prnducts/environmenta| information *Certified vendor availability and statewide covera-e --------- eToll-free access to customer service representation Document reader download link ° WAdobe PDF Reader Floor Coverings with Related Supplies, Equipment and Services / Alternate Contract Sour... Page 3 of 3 Terms and Conditions I Privacy Statement I Accessibility Statement I Copyright ©2015 Department of Management Services - State of Florida http://www.clms.myflorida.com/business_operations/statepurchasing/vendor_infolination/... 2/20/2015 terk t401; Gow! or y March 10, 2014. MEMORANDUM NO.: ?-240-12=1 NJPA)-2 TO: User Agency FROM: Director, State Purchasing RE: Amendment t© C©ntract.No: 360-240-12-1 NJPA . Floor Coverings with Related Supplies, Equipment and Se The following changes have been made to the subject contract: • The Parties amend the Contract to reflect the name change of the Con Prince Street; Inc. to Bentley Mills, Inc. cror tro Bentley Any questions or problems in delivery or service that may arise regarding this'contract should be directed to Ashii Harvey at {850.) 922-1214, or ashli.harveve,dnis. nvflorida,com . A • NJPA • ALTERNATE CONTRACT SOURCE - - - — -Upder authority-pf— No.022712 Floor Coverings with Related Su sEuient and Services Between the Department and: Department of Management SerVice,S ACS# 380:.:240-42.71-N4PA : Floor Coverings with Related Supplies, EquipMent and SerVides THIS ALTERNATE CONTRACT. SOURCE (ACS) is made and entered Into as of the date last set forth below by . and betWee A - State:.of Florida, Department of Management Services (7DepartMenr) and laiftiMfiggi„(tOntractpr"). WHEREAS, The Departnient Is authorized by Seotion 287.042(18), Florida Statutes, to evaluate contracts and, when determined in writing to be cesteffeetive and in the best Interest of the State of Florida; to enter Into an agreement authorizing all Eligible Users (as that phraie Is defined in Rule 80A,1 .005, Florida Administrative COO) to make purchases from such Contracts.' • WHEREAS, The State of Florida Is a member of the National Joint PoWerSAlliance and as such, IS atithorized to Pertleipate in NJPA contracts; and . • . • • . . • WHEREAS, the National JqInt powers Alliance and the Contractor are particle to NJPA Contract . No 022712 Floor Coverings with Related Supplies,.EqUiPment and Services, and • THEREFORE, in consideration: of the prornises contained below and ..good . and :Valuable consideration, the receipt and sufficiency of which Is hereby acknowledged, the partiesagree as • . • - • 1. Upon* execution of this ACS, the Department and 06ibie Users : may purchase products and - services Linder NJPA *Contract No. 022712 Floor Coverings With Related SuPplies, Equipment and Sen4Oes, Which is attached hereto and incorporated herein as Exhibit A. 2. The. Department and Eligible Users acknowledge and agree to be bound . by the terms and • . . conditions of Exhibit A, except as otherwise specified in this. ACS: 3. The following are modifications to. Exhibit A. . F. • • :• • • • • 3e) Prides: The: prices of the ACS'are set forth in ths attached ,Exhibit List," and are incorporated herein. • • 3b) PUR. 1009 Fbitn:, The Department Purchasing Form •:PUR .1000 isattached. hereto and inCarPeratediherein es. Exhibit C„ . • • • 3c) Effective Date: The ACS shalt beceme. effective On the last date sgned below and is coterminous with Exhibit A, unless terminated earlier by the.Departinent ' 'ad) Orders:: In, :order to procure products and services hereunder, .Eligible,Users shell Issue purchase orders or t.ree.e p- card which 'shall reference this ACS.: Eligible Users are responsible for reviewing the terms and .conditions of this;ACS:and Exhibit A. 'Neither the Department nor NJPA is a party to any purchase order issued hereunder. 3e) Compliance With Laws The Contractor shall comply with all laws, rules, codes,, ordinances, and licensing requirements that are applicable to the conduct ef its business, including those of -federal, Page 1 of-1 . • • . , ate. of fl6rida:Price • State, and local: agertcies tiaving jurisdiction and authority. By way of non -exhaustive example, ' Chapter 287 of the Florida Stetutes'ans Chapter i0A 1-vf-the-horida-Adr inistrative-Esrde-govern the ACS-: -.Way of: further non -exhaustive example, the Contractor shell comply :with section 247A(a) of the immigration and Nationallzation .Act, the Americans with Disabilities Act, .and all prohibfioris against discrimination on the basis of race, religion, sex; creed, national origin, handicap, marital status, or veteran's status. Violation of such laws shall be grounds for termination of the ACS, 3f) .Other Eligible. Users: if any additional ordinance, rule, or other local govemmentat authority requires additional contract language before an Eligible User. can make a purchase from the ACS .referenced above, ,in lieu of this ACS, the Eligible User is,;responslble for signing a separate ACS with the Contractor. .3h) Previsions of 287.088, Florida Statutes: The provisions of Florida Statutes, are hereby incorp©rated by reference. 4, Primary Contact: The primary:contact for the State. of Florida for th Nanie: Ashii Harvey, Contradt Manager Agency: Department of Management Services, Division of Address: 4050 Esplanade Way, Suite 360, Tallahassee, FL Telephone: (850) 922-121:4 Fax: (850) 414-8122: E-mall: Ashil.HarveyCtdms.MvFlorida.com The primary cpnfa t fit a Contractor for this A Name:,. Cornpany:. Address:: Telephone: Fax: The .Contractor must maintain current l Term of the ACS, The Department_wifl; tion1 to the unicate with S.Contract Number: . All purchase orders Issued by Eligible Users within the State of Florida shall include Department of Management Services ACS 360 240-12-ACS, unless otherwise provided by Florida Lew, statute, rule'or this. ACS. State agencieswill not be required to submit an ACS forri; for purchases -related to this ACS. : ction 287,058(1)(a)-(f) and (h), nag during the primarily through email. ' . Contract Document: This ACS and Its Exhibits set forth the entire agreement between the parties with respect to the subject matter of this ACS. The terms and conditions of this ACS and Its exhibits shall prevail and ' govern in the case of any such inconsistent or additional terms. 7. Event. .of_.Disput In the ogee of an ambiguity whleh requires the following documents shall have priori vidence to determine the int der set fdrth below: Page2of2 i. This ACS A ►a, ---- xfiib t ;State_ ofElorida-Price-fist --- Ili. Exhibit- `A NJPA Contract No, 022712 Floor Coverings with .Reiated,.Suppfie Equipment and Services iv. Exhibit C, PLJR 1000 v. Exhibit- i i, 'Preferred Price Affidavit B. Intellectual Properly:' The partles do not anticipate that any Intellectual property Will be developed as a result of this ACS. However, :any intellectual property developed as a result of this ACS_will belong to and be the sole property of the Eligible User, This provision Will survive the termination or expiration of the ACS. 9. Ernpl©yrrtent Eligibility Verifd'ation: Pursuant to State of Florida Executive Orders Nos.: 11-02 and 11-116, .Contractor isrequired to utilize the U.S, Department of Homeland Security's E.-Verify systemto verify the employment of all new employees hired by the Contractor during the ACS term: ° Also, Contractor shall include in related subcontracts . a requirement that subcontractors performing work or providing services pursuant tv the,stete, ACS utilize the E-Verify system to verify employment of all new employees' hired by, the subcontractor during the ACS term.. 10. Preferred Price Affidavit Reouirement: The Department will provide the Preferred Pricing Affidavit; incorporated by reference as the attached Exhibit D. for completion by an authorized representative Of the Contractor attesting 'that the Contractor is in .compliance with the Preferred 'pricing provision in Section 4(b) of the PUR 1000 .form. The Contractor agrees to submit to. the Department, at least annually, the completed Preferred Pricing Affidavit. 11. Scrutinized Comparjj List: In executing this ACS, Contractor certifies that it is not fisted on either the .Scrutinized .Companies with Activities in Sudan List or the Scrutinized Companies with Activities In the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes: Pursuant to section 287.135(5), Florida Statutes, • Contractor agrees the Department may immediately terminate this ACS for cause: If the Contractor is found to have submitted a false certification or if Contractor is placed.. en the Scrutinized Companies with Activities in Sudan List er.the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of. the ACS. 12. MvFloridaMarketPlace (MFMPLCataioq Requirements The Contractor agrees to submit an efectronic,catalog to maintain a roost recent up to date: version of Its: product and/or service offering. The catalog shall be exhibited on the MFMP website as a tine item and/or anardertng Instructionscatalog for agencies. Line ltentCatalog By providing a line item catalog, Contractor: is providing a list of its products/services and pricing within a specific template format for MyFtoridaMarketPlace'{HEMP) through a catalog repository tool used for MFMP called Aravo*. In this scenarlo, Contractor must submit an updated electronic catalog from time to tirriv to maintain the most up-to-dete version of its product/service offering under the: ACS; As a result, the Department will have an opportunity to confi,rrn the accuracy of the :electronic catalog that was loaded into ARM before the electronic data file is loaded into the eProcurement System (MFMP).' In addition, the Department will have . Page 3of:3 t• the ability to define when the electroniccatalog and any subsequent revisions thereto "go Ifve"y The COntractoragrapelOrnealthefolloWing_reqUireMents: The catalog must contain.the Most Current pricing, including ell applicable administrative fees - .and or discounts,as well as the Most up-to-date Produet/servIce offering the Contractor is authorized to providetn accordance with the ACS, and " • .• . • • a) •.The accuracy of the..catalog must be maintained by Contractor throughout the •• •. duration of theACS; and • • . • • • . . • b) The Catalog must include aState of Florida specific contact identification • nuMben and • • • • . c) The catalog must include detailed product line Item descriptions; and d) The catalog must Include pictures when possible:" and • e) The catalog must Include arty additional DepartrnentContent requirements. f) Contractpragrees that the Department controls which ACS appear in MFMP and thatthe Department may elect at any time to remove any Contractors offering •„ :from MEMP. • g) ContraPter must be able to accept Purchase Cirders via fml, e-mail, oXML or EDt : INT • • 1: *Aravo Is a catalog repository tool used by MFMP. Contractors maintain their line item catalog • offerings through this online tool. Contractor's catalog content is reviewed and approved by the Department in Aravo before being migrated Into the MFMP eProcurement System. These services will be provided by MFMP. at no additional cost to the Centractor.. "Details regarding the submission of image files and catalog content Will .be discussed, during the enablernent process; however, the following represents key information regarding the submission Of product image files a) :Provide actual image files (in Of, jpeg and other commonly used formats) for all • of the items in the Contractor's catalog that will be hosted by the System. These 'Magee are displayed to the agencies directly in search reaults:as,weilas in the product details window. : b) provide the actual image files in a'"ziparchive". Please go to www.winilo.COM to download the WinZIpe application that is needed to create such an archive as , well as additional:details about using WinZipe application. • Provide Only one image per product. • . d) Color pictures are preferred; however, black 4nd white pictures or drawings are acceptable if this is the current standard for the Contractor's business Marketing. e) Please note the MFMP prefers jpg format for image files:(280X280 pixels) although images in many other formats are accepted. • : :; When an image is in jog format, it is resized to 280X280 pNol, if neCessety, to maintain a consistent appearance OPM17.: 11 When an Image Is In a format other thari.jpg, it will be converted to jpg and resized to 280X2B0 pixels to maintain a consistent appearance for • MFMP. f) As products change, updated image files must be submitted to update the MFMP Catalog, • Page 4 of 4 " sr In rare instances where an image is not available, the Dope -to determine the best solution for advertising the Contractor's Ordering instructions Catalog ork with the Co This catalog type. is created by thetepartment. The focus is to direct the Eligible 4Jser with the • propernmethod of purchasing the goods and/or services awarded based on direction from the Eligible User and previous experience with such commodities: 1. The Contractor agrees to meet the following requirements; • Provide appropriate contact information for Eligible Users to use for product and/orservice inquiries; and purchases, as well as the most up-to-date • product/service offering the Contractor is authorized to provide in accordance With the statewide cyritract; and b, :If orders are to be•sent to resellers or distributers for fulfillment then the : Contractor is responsible for providing this list of authorized resellers or { distributors for use; and c, The accuracy of this information must be.maintained by Contractor throughout the duration ofthe ACS; and • 2. Contractor agrees that the Dee artrriant :con trols\which ACS may appear:ln MFMP-end that the Department may elect at any time to remove any Contractor's offering from MFMP, 3, Contractor must be.ablate accept Purchase Orders via fax, a -mail, cXML or EDI'INT AS 12� :. . 13. Electronic Invoicing: ` ':. The Cdntractor :Shall supply ' electronic . invoices in lieu of : paper -based. :.invoices for those transactions processed through the MFMP within ninety (90) days from contrail effective date. Electronic invoices snail be submitted to the agency through the Ariba Supplier Network (ASN) In ne of three mechanismsas listed below: cXML (comwriercm eXtensible Markup language) This standard establishes" the data contents required for invoicing Via cXML within the context of an electroniaenvironment Thistransaction set can be used for Invoicing via the ASN for catalog and non -catalog goods and services. The cXML format !s the Ariba preferred method for elnvofcing: .► : EDI' (Electronic Data Interchanges This standard establishes thp data contents of the invoice Transaction Set (810) for use within : the context of an:Electronic Data 11nterchange.(ED1) environment. This transaction set can be used for invoicing via the ASN for catalog and non=catalog goods and services.. • PO Flip via ASN The onllne process allows Contractors.. to submit invoices via the ASN. for catalog and nonecatalog goods 'and services.*: Contractors have the ability to create an invoice directly frpni their Inbox In their ASN •.account by simply "flipping" the PO into an invoice. ' This option does not require any special software or technloal capabilities: :Page a of For the purposes of this section, the Contractor warrants and represents that rf is authorized and er pb reti o_and=hereby grants;the-State-and-the-third-party provider.ot=HEMP; a state -contractor; the right and license to use, reproduce; transmit, distribute; and pubiiciy display within the system the information outlined above. In addition, the Contractor warrants and. represents that it is authorized and empowered to •and 1lereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system: marks; logos, trade dress, or other•branding .designation that ideritifles the products made available by the' - Contractor under the ACS. The Contractor will work with the MFMP management team to obtain spevif o requirements fo ectntinio invoicing upon contract award, . Contract Quarterly Repo Each Contractor shall submit a Quarterly Report in.the required forrnat electronioally to the Department Contract Manager within 30 days of the end of.the quarter. The Department reserves the right to require the Contractor to provide additional reports within 30 days written notice. Failure to provide the Quarterly Report or other reports requested by the Department may :result in the:Contractor being found in default and may result in termination of the GCS. • initiation and submission of the Report are the:responsibility of the Contractor without prompting or notification by the. Contract Manager. Sales will be reviewed en a quarterly basis. Shoutd rio sales be recorded in two consecutive contract quarters, the Department may terminate the contract. 14, ausiness Review. Meetings: The Department reserves the right.to schedule business review meetings as frequently as .necessary, The ©apartment; will provide "the. format for the Contractor's agenda. • Prior to the Meeting,: the Contractor shall submit the Completed agenda to the Department for review and .acceptance, The Contractor shall address the agenda items ,and any of the 'Department's additional: concerns at the. meeting. Failure" to "comply with this section_ may .result in the Contractor being found in default and contract termination: 15. GoiitYien#tci liversity in Cover The Stateof Florida is committed to. suppt?rting (ts diverse business induetry and population 'through -ensuring participation by: minority-, vomen=, wartime;; and service -,disabled veteran business enterprises in the economic life of the State. The .State of Morida Mentor Protege Program connects :minority-, -women-, wartime-, and service -disabled veteran business enterprises with .private corporations for:.:business 'development mentpring. We :Strong ncourage..firms doing businesswith the State of Florida to consider this initiative:' For more ormation on the Mentor Protege. Program; please contact the Office of Supplier Diversity at . (850) 487-0915 or osdhelp dms:mvflorida;com. .Upon request, the . Contractor shall .report to -the Department spend with :certified and other minority; business enterprises: These reports will include the;period covered{ the name, minority • code and Federal Employer Identification Number of.:each minority vendor utilized during:the .period, commodities and services. provided by the minority{ business enterprise, and the amount paid to each minority vendor on behalf -cif each purchasing agency Ordering under the terms of this Contract. he Page8of6 16. Warrant of Authority: Each person signing this ACS respective Party. _ IN WITNESS WHEREOF, the p below. State of Florida, Department of Manage rnerrt Services: By: Name:, w ., Title; Date: h u have executed this ACS as tzor� ea tc� dew and to_bind-the-- of last date signed by the parties By: . r Name: Title::. Date: f "nclasure: Exhibit B -State of Florida Price List Exhibit C PUR 1000 Form Exhibit A - NJPA Contract No. 022712 Floor Coverings with Related Supplies, Equipment and Services Exhibit © - Preferred Price Affidavit Page 7of�'- How to Use this Contract / Floor Coverings with Related Supplies, Equipment and Servic... Page 1 of 3 Department of Management Services Florida Department of Management Services > Business Operations > State Purchasing > Vendor Information > State Contracts and Agreements > Alternate Contract Source > Floor Coverings with ReFated-S-upplies, Equiorrentan-d Services->-Fleenitoe this Centred -- How to Use this Contract • Pricing Approach - This competitively solicited multiple -award contract utilizes prlcing by National Joint Powers Alliance (NJPA) (usually a discount from a retail price list). Most prices for thls ACS are equal to or lower than current approved GSA pricing for delivered and Installed carpet and flooring materials, Including sundries. • Who to Contact to Order - Visit the ordering instructions Web page under "Contractors" on the DMS contract and agreement website, Contractors may utilize servicing dealers and Installation firms for orders, • How to Place an Order - Review the ordering instructions Web page under "Contractors" on the DMS contract and agreement website. •- Additional Costs - There may be additional charges for Installation, options, and additives. See each contractor's pricing page for details. • Delivery Time - Delivery time Is. within 30 days -after receipt of purchase order. Some contractors provide quick ship products. • PCard (Purchasing Card) Acceptance - Yes. • Florida Climate Friendly Preferred Products / Recycled Items - Yes. • MyFloridaMarketPiace Customers - To access MyFloridaMarketPlace, log in to MFMP Buyer using the username and password provided by your agency system administrator. To create purchase orders from this contract, you may use the 'Explore Catalogs' selection on your home .screen. Conduct a search for the contract number, SKU number or specific Item name/description and add the contract Item to your requisition. Alternatively, you may create a requisition and on the 'Add Items' page conduct a search to add the contract item(s). If the contract has ordering Instructions (lines with a $0 amount), contact the vendor for a quote and then complete a non -catalog requisition: To add non -catalog items, use the 'Create Non -Catalog Item' button. Remember to select the appropriate 'State Contract ID' from the drop down box when ordering contract items. http://www.cl.ls.myflorida..com/business operations/state_purchasing/vendor informatio... 11/26/2014 ~ ' Frequently Asked Questions /F}noz Coverings with Related Supplies, Equipment and Smz. Page lof3 Department ofManagement Services Flor.1da Department of Manaciement Services > Business Operations > State Purchasinq > Vendor Information > State Contracts and Aqreements > Alternate Contract Source > Floor Cov�ringa,with Frequently Asked Questions ii Frequent Questions 1. How do I know where to -submit an order to the contractor? Visit the cnntractom'Web page under this state term contract to view a table of current contractors. This table contains the name, phone number, and o-mall address of the contact vvhena you should submit orders. 2. T have a C8[DBf project, and I've never done this before. Do you have Yes, the "Instructions to Usinq Aoency"is a guide for purchasing procedures and servicing dealer responsibilities, 3. Can T order any flooring OrOdUCtS on this carpet contract? Eligible products include broadloom carpet, carpet tiles, and rubber. Carpet manufacturers may also include optional products ouchao VCT, linoleum, sheet vinyl, and walk -off mats to complete the carpet project. 4. If 2rO O\G[jDg a large DRje[, CaO T get additional pricing discounts from the For large s[ngle orders, the Division of State Purchasing encourages you to request additional discounts from the listed contract prices from the contractors. Although not required toprovide additional discounts, contractors can pass onvolume-based savings (e.g., shipping, handling) to buyers under the terms ofthe contract. 5. TS there a 7O(OiDlUDl order size for this CUDt[OCt? Some products have minimum order amounts. Please check with the contractor. 6. Does the contractor accept KBRd5 yOVFChasYOg cards)? Yes, the contractor(s) accepts PCards. 7. Does the contractor offer any early payment /OC2ntiV8G Or partial D8y08Dt The Division of state Purchasing. -has not negotiated early payment discounts as part of the standard terms and conditions of this contract. If you are interested and able to pay promptly, you should Frequently Asked Questions /F}Vnr Coverings with Related Supplies, Equipment and Swr— Page %of9 contact the contractor directly to see If they are vvUUng to provide early payment discounts to you. However, eligible users are encouraged to allow the manufacturer to bill for materials and have a partial payment ofuptoO096ofthe total purchase order dollar amount, especially for large jobs and jobs where installation isdelayed, Terms should be presented in wr|Ung and approved by both parties prior to any work being performed.. At a minimum, terms should address expected delivery, Installation dates, payment terms, and penalties. S. What should I do if I have an issue with the contractor? If you are unable to resolve an Issue with a contractor, you can contact the Contract Administrator listed For the contract on our webslte to explore additional options, These options Include: complete avendor performance survey online todocument the issue, work with the Department of Management Services (DMS) to elevate the issue with the contractor representatives, oruwbm1ta vendor complaint that requirasa formal response from the contractor. 9. Who do T COOta[ƒ in the [)iViSiOD of State Purchasing for additional help OO how to use this contract? If you have a question after reviewing these PAQo contact the Contract Administrator listed for the contract offline for additional assistance, 10' Who dOTcontact ifTcan get better pricing than the pricing listed OOthis state term contract? _ The Division of State Purchasing recommends you contact the contractor to see if they will match the lower price under this contract. If they will not match the. price, you may contact the Contract Administrator listed for this state term contract online and provide pricing details, This feedback helps us understand the pricing competitiveness ofthis state term onntnzoL. 11. What should T do if the products Or services OO this state term contract are also available On another statewide agreement? If there boverlap of products orservices across multiple statewide agreements, agency buyers are required to purchase from existing state term contracts If one exists. Eligible users are encouraged to purchase from the statewide agreement that provides the best value totheir entity. .. }1/26/20}4 Contractors Floor Coverings with Related Supplies, Equipment and Services / Alternate ... Page 1 of 3 Department of Management Services Florida Department of Management Services > Business Operations > State Purchasing > Vendor Information > State Contracts and Agreements > Alternate Contract Source > Floor Coverings with -Retated-Su-o-pite-srEand-Services > contractors « Return Floor Coverings with Related Supplies, Equipment and Services360-240- 12-1 N]PA Contractors Name Bentley Mills, Inc. Continental Flooring Company Interface Americas, Inc. Milliken Services Mohawk Carpets, Dublin, GA (A) Shaw Industries, Inc. (Al Tandus Centiva US LLC CBE Code A - Non -Minority A - Non -Minority A - Non -Minority N - African - American, Non Certified A - Non -Minority A - Non -Minority A - Non -Minority Florida Climate Friendly Preferred Products Yes Yes Yes Yes Yes Yes Yes Utilizes Recycled Authorized Products Resellers Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No Coverage Area Statewide Statewide Statewide Statewide Statewide Statewide Statewide http://www.dnas.myflorida.com/business_operations/state_purchasing/vendor_informatio... 11/26/2014 Exhibit C State of Florida -- PUR 1000 General Contract Conditions Contents 1. Definitions. 2, Purchase Orders. 3. Product Version. 4. Price Changes Applicable only to Term Contracts. 5. Additional Quantities. 6. Packaging. 7. Manufacturer's Name and Approved Equivalents. 8. Inspection at Contractor's Site. 9. Safety Standards. 10. Americans with Disabilities Act. 11. Literature. 12. Transportation and Delivery. 13. Installation. 14. Risk of Loss. 15. Transaction Fee. 16. Invoicing and Payment. 17. Taxes. 18. Governmental Restrictions, 19. Lobbying and Integrity. 20. Indemnification. 21. Limitation of Liability. 22. Suspension ofWork. 23. Termination for Convenience. 24. Termination for Cause. 25. Force Majeure, Notice of Delay, and No Damages for Delay. 26. Scope Changes. 27. Renewal. 28. Advertising. 29. Assignment. 30. Dispute ReSolution, 31. Employees, Subcontractors, and Agents. 32. Security and Confidentiality. 33. Independent Contractor Status of Contractor. 34. Insurance Requirements. 35. Warranty of Authority. 36. Warranty of Ability to Perform. 37. Notices, 38. Leases and Installment Purchases. 39. Prison Rehabilitative Industries and Diversified Enterprises, Inc, (PRIDE). 40. Products Available from the Blind or Other Handicapped. 41. Modification of Terms. 42. Cooperative Purchasing. 43. Waiver. 44. Annual Appropriations. 45. Execution in Counterparts. Page 1 of 11 46. Severability. The -definitions -contained in-sA0A-1.001, FAC. shall-apply-to-this-agreement;The following additional terms are also defined: (a) "Contract" means the legally enforceable ACS that result from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity that will order products directly from the Contractor under the Contract. (c) 'Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, or other authorized means). 2. Purchase Orders. A Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. 4. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or -services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly.. (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation Page 2 of 11 identifying. the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then -authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. (d) Trade -In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adjustment, The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation, 6. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 7. Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Customer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Customer shall determine in its sole discretion whether a product is acceptable as an equ iva lent. a. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 9. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas -operated assemblies. In addition, all items furnished shall meet all applicable Page 3 of 11 requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 10._Americans-with-Disabilities Aot,Contraeters should -identify -any products -that -may -be -used or adapted for use by visually, hearing, or other physically impaired individuals. 11. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 12. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 13. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 14. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non -conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 15. Transaction Fee. The State of Florida has instituted MFMP, a statewide eProcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1,032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A- 1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies Page 4 of 11 their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of an1tes)1futhitem( are returned to the Contractor throu-gh no faUlt, —abt,-Or omission Of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 16. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper -based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web -based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287,0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 17. Taxes. The State does not pay Federal excise .or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer on a purchase order or other special contract condition. 18. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 19. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, Page 5 of 11 advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: htte://dlis.dos.state.fl.us/barm/oenschedulesigensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 20. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attomeys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non -infringing. If the Contractor is not reasonably able .to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 21. Limitation of Liability. For all claims against the Contractor under any individual purchase order, and regardless of the basis on which the claim is made, the Contractors liability under a purchase order for direct damages shall be limited to the greater of S100,000, the dollar amount of the purchase order, or two times the charges rendered by the Contractor under the purchase order. Page 6 of 11 This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 22. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate'the Contract. Suspension of work shall not entitle the Contractor to any additional compensation. 23. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 24. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises, from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 25. Force, Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts Page 7 of 11 of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or Contractors if no alternate source of supply is available to the Contractor. in case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, inctuding but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 26. Scope Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustrnents require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 27. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, reseliers, or service representative. 29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer; provided, the Contractor assigns to the State any and all claims it has with respect to the Contract under the antitrust laws of the United States and Page 8 of 11 the State. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 30. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within ten (10) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the altemative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 31. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the 'Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 32. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the State and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to. its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 33. Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. Page 9 of 11 34. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's Iiabillty and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 35. Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respebtive party to the Contract. 36. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 37. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 38. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment -purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 39. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946,515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at htto://wwvv,oridefl.com. 40. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://wvvw,respectofflorida.org. Page 10 of 11 41. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 42. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non -Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 43. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 44. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 45. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 46. Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and in effect. Page 1 1 of 11 i Page 12 of 11 National Joint Powers Alliance® (herein NJPA) REQUEST FOR. PROPOSAL (herein RFP) - for the procurement of FLOOR COVERINGS WITH RELATED SUPPLIES, EOlUIPAILENT ANI SERVICES RFP Opening February 28, 2012 8:00 AM Central TIME At the offices of the National Joint Powers Alliance® 202 12th Street Northeast, Staples, MN 56479 RFP #022712 The National Joint Powers Alliance® (NJPA), on behalf of itself and its current and potential Members in Government and Education and Higher Education nationwide, issues this request for proposal (RFP) to provide FLOOR COVERINGS WITH RELATED SUPPLIES, EQUIPMENT AND SERVICES, details of this RFP are available beginning January 19, 2012 and continuing until February 9, 2012. Details may be obtained by letter of request to Gregg Meierhofer, NJPA, 202 12th Street Northeast, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until February 27, 2012 at 4;30 p.m. Central Time at the above address and opened February 28, 2012 at 8:OOAM Central Time. The text above is the Public Notice to Proposers to be used by NJPA. January 19, 2012 and January 26, 2012 February 9, 2012 February 13, 2012 2:00PM Central February 27, 2012 4:30 PM Central February 28, 2012 8:OOAM Central RFP Timeline • Publication of RFP in the print and online Minneapolis Star Tribune, the NJPA website, and on the website of noticetobidders.com • Deadline for RFP requests e Pre -Proposal Conference (webcast — conference call - Connection info • sent to all inquirers two business days prior to the event). • Deadline for Submission of Proposals Public Opening of Proposals Direct questions regarding this RFP to: Gregg Meierhofer at R-remmelerhofer(@,niocicoop.orgor (218)894-1930 R}P Proceduresoffers the methods for submitting questions. Page 1 of 47 RFP 022712 TABLE OF CONTENTS 1. INTRODUCTION A. About NJPA B. Joint Exexcise of Powers Laws C. Why Propose a National Cooperative Procurement Contract D. The Intent of this RFP E. Scope of this RFP F. Expectations for Products/Services being Proposed 2. DEFINITIONS A. Proposer — Vendor B. Contract C. Time D. Proposer's Response E. Currency 3. INSTRUCTIONS TO PREPARING YOUR PROPOSAL A. Pre -Proposal Conference B. Identification of key personnel C. Proposer's exceptions to terms and conditions D. Formal instructions to Proposers B, Questions and answers about this RFP F. Modification or withdrawal of a submitted Proposal G. Value added attributes, products/services H. Certificate of Insurance I. Order Process and/or Funds Flow J. Administrative Fees 4. PRICING STRATEGIES A. Line -Item Pricing B. Percentage discount from catalog or category C. Hot List Pricing D. Ceiling Price E. Volume Price Discounts F. Sourced Goods G. Cost Plus a Percentage of Cost H. Total Cost of Acquisition I. Requesting Product and Service additions/deletions J. Requesting Pricing Changes K. Pricing and Products Changes Fouiiat L. Single Statement of Pricing — Historical Record of Pricing ]VI. Payment Terms N. Sales Tax O. Shipping and Shipping Program P. Normal Working Hours 5. MARKETING PLAN 2 of 47 6. PROPOSAL OPENING PROCEDURE 7. EVALUATION OF PROPOSALS A. Proposal evaluation process B. Proposer Responsiveness C. Proposal evaluation criteria D. Cost Scoring Evaluation E. Product Testing F. Past performance information G. Waiver of formalities 8, POST AWARD OPERATING ISSUES A. Subsequent Agreements B. NJPA Member sign-up procedure C. Reporting of sale activity D. Audits E. Hub Partner F. Trade -Ins G. Out of Stock Notification H. Termination of a Contract resulting from this RFP 9, GENERAL TERMS AND CONDETONS A. Advertisement of RFP B. Advertising a Contract Resulting From this RFP C. Applicable law D. Assignment of Contract E. Proposers List F. Captions, Headings, and Illustrations G. Confidential Information H. Data Privacy I, Entire Agreement J. Force Majeure K. Gratuities L, Hazardous Substances M. Legal Remedies N. Licenses O. Material Suppliers and Sub -Contractors P. Non -Wavier of Rights Q. Protests of Awards Made R. Provisions Required by Law S. Public Record T. Right to Assurance U. Suspension or Disbarment Status V. Human Rights Certificate W. Severability X. Relationship ofParties 10. FORMS A, B, C, D, E, G, H, I 11, P.RE-SUBMISSION CHECKLSIT RFP 022712 1, INTRODUCTION A. ABOUT NJPA 1.1 The National Joint Powers Alliance-(NJPA)- is a public agency -serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership includes states, cities, counties, governmental agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. This Minnesota Statute also allows for service to NJPA Member agencies in. Minnesota and all other states. 1.2 To this end, NJPA has .established a series of procurement contracts with various Vendors of products/services which NJPA Members desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws, A complete listing of NJPA cooperative procurement contracts can be found at www.nipacoop.org. 1.3 NJPA's publicly elected Board of Directors calls for all proposals, awards all Contracts, and hosts those resulting Contracts and offers them for the benefit of its Membership. 1.3.1 Subject to Approval of the Board: Any award of Contract made by an authorized NJPA Employee will be subject to such action by the NJPA Board of Directors. 1.4 NJPA currently serves over 30,000 member agencies. Both membership and utilization of NJPA Contracts continues to expand at exponential rates. The value of our Contracts driven to our Members is reflected in our growth. B. JOINT EXERCISE OF POWERS LAWS 1.5 NJPA cooperatively shares those contracts with its Members nationwide through various "Joint Exercise of Powers Laws" established in Minnesota and most other States. The Minnesota "Joint Exercise of Powers Law" is Minnesota Statute §471.59 which states "Two or more governmental units...may jointly or cooperatively exercise any power common to the contracting parties..." Similar Joint Exercise of Powers Laws for each State of the United States can be found on our website at htto://www.nipacoop.or2/LEARN/About/Legalltuni and clicking on that state at the bottom of the web - page. C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 1.6 National Cooperative Procurement Contracts create value for both Municipal buyers and their Vendors of products/services in two ways: 1.6.1 We save the time and effort of many municipal buyers bringing individual procurement proposals AND the time and effort of the Vendors in responding individually to those invitations. A single invitation for a cooperatively held contract can replace potentially thousands of invitations for the same items from individual NJPA Members. 1.6.2 We earn volume purchasing discounts which are passed on to our Members. A single awarded Proposal is likewise exposed to thousands of potential Municipal purchasing units nationwide creating efficiency and savings to the business community as they sell products and services to government and education agencies. 1.7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that lower prices, better overall value and time savings will be the result. 3 of 47 RFP 022712 1.8 The collective purchasing power of thousands of NJPA Members nationwide offers the opportunity for volume pricing discounts. Although no volume is guaranteed by a Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 1.9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Pre -competed procurement contracts offer NJPA and its Members the ability to more directly compare non -price factors in their procurement analysis and it offers Vendors the opportunity to display those attributes without the timing and interpretation constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 1.10 The intent of this RFP is to award an Exclusive Single Award Contract to a qualifying manufacturer or distributor Proposer demonstrating a solution which meets and/or exceeds the requirements of NJPA and its Members within the scope of FLOOR COVERINGS WITH RELATED SUPPLIES, EQUIPMENT AND SERVICES. Qualifying Proposers must be able to demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and the ability to both market to and service NJPA Members in all 50 states. All proposals received will be evaluated based on (among several other factors) their ability to provide the greatest utility to NJPA and NJPA Members and across the widest spectrum of products and services. 1.11 NJPA's primary intent is to provide cooperative contract procurement contract opportunities for ourselves and our Members and for quality goods and services when they are needed and at pricing reflective ofNJPA's status in the market place. 1.11.1 Beyond our primary intent, NJPA further desires to: • Deliver value throughout the potential four year term of a contract resulting from this RFP; • Deliver technological advances both now and throughout the potential term of a contract resulting from this RFP; • Deliver "Value Added" characteristics as defined in the "Proposer's response"; • Deliver spectrums of solutions to :the spectrums of needs by NJPA and NJPA Members. E. SCOPE OF THIS RFP 1.12 Non -Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to a non -manufacturer such as a dealer/distributor if such action is in the best interests of NJPA and its Members. 1.13 Multiple Awards: Although it is NJPA's intent to award a contract to a single Vendor, NJPA reserves the right to award a Contract te multiple Proposers where the responding Proposers are deemed to lack the ability to appropriately service a national contract or such action is deemed to be in the best interests of NJPA and its Members 1.14 Award by Board of Directors: An Award of Contract may be made by the NJPA Board of Directors based on the recommendation of the NJPA Proposal Review Committee and on the best interests of NJPA and its Members. NJPA is seeking a Prime, Exclusive Vendor relationship(s) to meet this need. The goal and intent of this RFP is to follow through with a proposal award and contract to be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA to its participating members.. 1.15 Best Responsive — Responsible Proposer: It is the intent of NJPA to award a Contract to the best responsible and responsive Proposer(s) offering the best overall quality and selection of products/services 4 of 47 RFP 022712 and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer's Response has been submitted in accordance with the requirements of this RFP. 1.16 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Unifofin Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Members. 1.17 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like goods and services solely from this Contract or from another contract source of their choice. .18 NJPA's interest in a contract resulting from this RFP: Not withstanding its own use, to the extent NJPA issues this RFP and any resulting contract for the use of its Members, NJPA's interests and liability for said use shall be limited to the competitive proposal process performed and terms and conditions relating to said contract and shall not extend to the products, services, or warranties of the Awarded Vendor or the intended or unintended effects of the goods and services procured there from. 1.19 Sole Source of Responsibility- NJPA desires a "Sole Source of Responsibility" Vendor meaning the Vendor will take sole responsibility for the performance of delivered products/services. NJPA also desires sole responsibility with regard to: 1.19.1 Scope of Products/Services: NJPA desires a single provider for the broadest possible scope of the goods and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA Members. 1.19.2 Vendor use of sub -contractors in sourcing or delivering goods and services: NJPA desires a single source of responsibility for products/services proposed. Proposer's are assumed to have sub -contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the goods and services being proposed. Vendor assumes all responsibility for the products/services and actions of any such Sub - Contractor. 1.20 Additional Definition for the scope of this solicitation. 1.20.1 In addition to FLOOR COVERINGS WITH RELATED SUPPLIES, EQUIPMENT AND SERVICES, this solicitation should be read to include: 1.20.1.1N/A 1.20.2 NJPA reserves the right to limit the scope of this solicitation for market segments already being serviced by existing NJPA procurement contracts. 1.21 Solutions Based Invitation: 1.21.1 All potential Proposers are assumed to be professionals in their respective fields. As professionals you are deemed to be intimately familiar with the spectrum of NJPA and NJPA Member's needs and requirements with respect to the scope of this RFP. 1.21.2 With this intimate knowledge of NJPA and NJPA Member's needs, Proposers are instructed to provide their proposal response in a format describing their solutions to those current 5 of 47 RFP 022712 and future needs and requirements. Proposers should take care to be economical in their response to this RFP. 1.21.3 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples could include: - 1.21.3.1 Materials Only Solution: A Materials Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in-house or through local third party contractors, to properly install and bring to operation those materials being proposed. 1.21.3.2 Turn -Key Solutions: A Tum-Key Solution is combination of' materials and services which provides a single price for materials, delivery, and installation to a properly operating status. Generally this is the most desirable solution as NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 1.213.3 Good, Better, Best: Where appropriate and properly identified, Proposers are invited to offer the CHOICE of good — better — best multiple grade solutions to NJPA and NJPA Member's needs. 1.21.3.9 Proven — Accepted — Leading Edge Technology: Where appropriate and properly identified, Proposers are invited to provide the CHOICE of an appropriately identified spectrum of technology solutions to NJPA and NJPA Member's needs both now and into the future. 1.22 Overlap of Scope with other proposal subjects: 1.22.1 When considering individual, or groups of goods and services for inclusion to a "Scope of Bid", please consider the validity of an inverse statement. For example, pencils and post -it -notes can generally be classified as office supplies and office supplies generally include pencils and post -it -notes. In contrast, computers (PC' s and peripherals) can generally be considered office supplies, however the scope of office supplies does not generally include computers (servers and infrastructure). To further the point: automobiles are often used as office space, stocked as office space, and the use of is funded by employers as office space, however automobiles are not generally considered to be in the scope of office space. In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance with "Scope" as intended by NJPA. 1.23 Geographic Area to be Proposed: This RFP invites proposals to provide FLOOR COVERINGS WITH RELATED SUPPLIES, EQUIPMENT AND SERVICES to NJPA and NJPA Members throughout the. entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non -award. The ability to serve Canada, for instance, will be viewed as a value-added attribute. 6 of 47 RFP 022712 1.24 Manufacturer as a Proposer: If the Proposer is a Manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that Manufacturer's Dealer Network. Unless stated otherwise, a Manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their Dealer Network where that Dealer Network is informed of, and authorized to accept, purchase orders pursuant te any Contract resulting from this RFP on behalf of the Manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub -contractor of the Proposer/Vendor. The relationship between the Manufacturer and wholesale distributor Proposer and its Dealer Network may be proposed at the time of the proposed submission if that fact is properly identified. 1.25 Dealer/Re-seller as a Proposer: If the Proposer is a dealer or re -seller of the products and/or services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services from their manufacturer. Where appropriate, Proposers must document their authority to offer those products and/or services. 1.26 Contract Term: A contract resulting from this RFP will become effective the date established in the "Offering and Award" (Forrn D). NJPA is seeking a Contract base term of four years subject to •annual renewals as allowed by Minnesota Contracting Law. Full term is expected, however will only occur through successful annual renewals. One additional one-year renewal -extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. 1.27 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 1.28 Estimated Contract Volume: Estirnated quantities and sales volume are based on potential usage by NJPA and NJPA Members. 1.29 Largest Possible Solution: If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific products/services proposals as a part of the award. 1.30 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 1.31 Proposer's Commitment Period: In order to allow NJPA the opporamity to evaluate eacb proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals were opened regarding this RFP. F. EXPECTATIONS FOR PRODUCTS/SERVICES BEING PROPOSED 1.32 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the FLOOR COVERINGS WITH RELATED SUPPITES, EQUIPMENT AND SERVICES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/services, related services, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated needs and requirements of NJPA and its Members. 1.32.1 Deviations from industry standards must be identified by the Proposer and 7 of 47 RFP 022712 explained how, in their opinion, the products/services they propose will render equivalent functionality, coverage, performance, and/or service. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 1.31.2 Technical Descriptions/Specifications. Bidder's must supply sufficient information to: • Demonstrate the Bidder's knowledge of industry standards, and • identify the products and services being bid, and • differentiate those products and services from others. Excessive technical descriptions and specifications which, in the opinion of NJPA, unduly enlarges the bid response may reduce evaluation points awarded on Form G. 1.33 Important note: NJPA does not typically offer specific product and service specifications; rather NJPA is requesting an industry standard or accepted specification for the requested products and services. Where specific line items are specified, 'those line items should be considered the minimum which can be expanded by the Proposer to deliver the Proposer's "Solution" to NJPA and NJPA Member's needs. 1.34 Commonly used Goods and Services: It is important that the products/services submitted are the products/services commonly used by public sector entities. .35 New Current Model Goods:. Proposals submitted shall be for new, current model products and services with the exception of certain close-out products allowed to be offered on the Proposer's "Hot List" described herein. 1.36 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 1.37 Delivered and operational; Products offered herein are to be proposed based upon being delivered and operational at the NJPA Member's site. Exceptions to "delivered and operational" must be explicitly disclosed in the "Total Cost of Acquisition" section of your proposal response. 138 Warranty: The Proposer/Vendor warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's warranty which is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to snbmit a minimum warranty may result in the non -award. 1.39 Proposer' Warrants: The Proposer warrants all goods and services furnished hereunder will be free from liens and encumbrances; and defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the goods and services are suitable for and will perform in accordance with the purposes for which they were intended. 2. DEFINITIONS A. PROPOSER - VENDOR 2.1 Exclusive Vendor- A sole Vendor awarded in a product category. NJPA reserves the right to award to an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members. Such a Proposer must exhibit the ability to offer an outstanding overall program and demonstrate the ability and willingness to serve NJPA Members in all 50 states, and comply with all other requirements of this RFP. 8 of 47 RFP 022712 2.2 Potential Proposer- A person or entity requesting a copy of this RFP. 2.3 Proposer- A company, person, or entity delivering a timely response to this RFP. 2.4 Vendor- One of a number of Proposers whose proposal has been awarded a contract pursuant to this RFP. 2.5 Request for Proposal- Herein referred to as RFP B, CONTRACT 2.6 "Contract" as used herein shall mean cumulative documentation consisting of this RFP, an entire Proposer's response, and a fully executed "Acceptance and Award" pursuant to this RFP. C. TIIVIE, 2.7 Periods of time, stated as number of days, shall be in calendar days. D. PROPOSER'S RESPONSE 2.8 A Proposer's Response is the entire collection of documents as they are received by NJPA from a Potential Proposer in response to this RFP. E. CURRENCY F. FOB 2.9 All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in U.S. dollars, 2.10 FOB stands for "Freight On Board" and defines the point at which responsibility for loss and damage of goods purchased are transferred from Seller to Buyer. "FOB Destination" defines the transfer of responsibility for loss are transferred from Seller to Buyer at the Buyer's designated delivery point. 2.11 FOB does not identify whom is responsible for the costs of shipping. The responsibility for the costs of shipping is addressed elsewhere in this document. 3. INSTRUCTIONS TO PREPARING YOUR PROPOSAL A, PRE -PROPOSAL CONFERENCE 3.1 A non -mandatory pre -proposal conference will be held at the date and time specified in the time line on page one of this RFP. Conference call and web connection information will be sent to all Potential Proposers through the same means employed in their inquiry. The purpose of this conference call is to allow Potential Proposers to aslc questions regarding this RFP. Only answers issued in writing by NJPA to questions asked before or during the Pre -proposal Conference shall be considered binding. B. IDENTIFICATION OF KEY PERSONNEL 3.2 Vendor will designate one senior staff individual who will represent the awarded. Vendor to NJPA. This contact person will correspond with members for technical assistance, questions or problems that may arise including instructions regarding different contacts for different geographical areas as needed. 9 of 47 RFP 022712 3.3 Individuals should also be identified (if applicable) as the primary contacts for the contents of this proposal, marketing, sales, and any other area deemed essential by the Proposer. C. PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS 3.4 Any exceptions, deviations, or contingencies s Proposer may have to the terms and conditions contained herein must be documented on Form C. 3.5 Exceptions, Deviations or contingencies stipulated in Proposer's Response, while possibly necessary in the view of the Proposer, may result in disqualification of a Proposal. Response. D. FORMAL INSTRUCTIONS TO PROPOSERS 3.6 It is the responsibility of all Proposers to examine the entire RFP package, to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for submission ofproposals. 3.7 All proposals must be sent to "The National Joint Powers Alliance®, 202 12th ST NE Staples, MN 56479." 3,8 Format for bid response: Please use Form A as the basic format for your response. Please use the general headings in Form A to "Section" your electronic response. All proposals must be physically delivered to NJPA® at the above address in the following format: 3.8.1 Hard copy Original signed, completed, and dated forms CD, E, H, and I from this RFP, 3.8.2 Hard copies of all addenda issued for the RFP with original counter signed by the Proposer, 3.8.3 Certificate of insurance verifying the coverage identified in this RFP, 3.8.4 Two complete copies of your response on A CD (Compact Disc) or flash drive containing completed Forms A,B,C,D,E,H, and I, your statement of products and pricing together with all appropriate attachments, a Dunn and Bradstreet report on your organization. 3.9 All Proposal forms must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 3.10 Proposal submissions should be submitted -using the electronic forms provided. If a Proposer chooses to use alternative documents for their response, the proposer will be responsible for ensuring the content is effectively equal to the NJPA form and the document is in a format readable by NJPA. 3,11 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical possession ofNJPA on or prior to the deadline for submission of proposals. 3.11.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Hold for Proposal Opening", and the deadline for proposal submission. NJPA cannot be responsible for late receipt of proposals. Proposals received by the correct deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 3.12 Corrections, erasures, and interlineations on a Proposer's Response must be initialed by the authorized signer in original ink on all copies to be considered. 3.13 Addendurns to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this RFP. 3.13.1 Proposer's are responsible for checking directly with the NTPA website for addendums to thisRFP. 3.13.2 Addendums to this RFP can change terms and conditions of the RFP including the 10 of 47 RFP 022712 deadline for submission of proposals. F. QUESTIONS AND ANSWERS ABOUT THIS RFP 3.14 Upon examination of this RFP document, Proposer shall promptly notify the NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections and changes to this RFP will be made by NJAP through addendum. Interpretations, corrections, or changes made in any other manner will not be binding and Proposer shall not rely upon such. 3.15 Submit all questions about this RFP, in writing, referencing "FLOOR COVERINGS WITH RELATED SUPPLIES, EQUIPMENT AND SERVICES to Gregg Meierhofer, NJPA 202 12th Street NE, Staples, MN 56479 or RFP@njpacoop.org. Those not having access to the Internet may call Gregg Meierhofer at (218) 894-1930. Requests for additional information or interpretation of instructions to Proposers or technical specifications shall also be addressed to Gregg Meierhofer. NJPA urges Potential Proposers to communicate all concerns well in advance of the deadline to avoid misunderstandings. Questions received less than seven (7) days ending at 400 p.m. Central Time of the seventh (7th) calendar day prior to proposal due -date cannot be answered. 3.16 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers or the RFP itself, the answer to the question will become an addendum to this RFP. 3.17 If the answer to a question is deemed by NJPA to be a clarification of existing terms and conditions and does not have a material impact on other potential proposers or the RFP itself, no further documentation of that question is required. 3.18 As used in this solicitation, clarification means communication with a Potential Proposer for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the RFP. 3.19 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA shall become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of said materials. Copies of addenda will also be made available on the NJPA website at www.nipacoop,erg by clicking on "Current Proposals" and from the NJPA offices. No questions will be accepted by NJPA later than five (5) days prior to the deadline for receipt of proposals, except an addendum withdrawing the request for proposals or one that includes postponement of the date of receipt of proposals. Each Potential Proposer shall ascertain prior to submitting a Proposal that it has received all addenda issued, and the Proposer shall acknowledge their receipt in its Proposal Response. 3.20 An amendment to a submitted proposal must be in writing and delivered to NJPA no later than the time specified for opening of all proposals, G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 3.21 A submitted proposal may not be modified, withdrawn from or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. regarding this RFP. Prior to the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Manager of Bids and Contracts. Such notice shall be submitted in writing and include the signature of the Proposer and shall be delivered to NJPA prior to the deadline for submission of proposals and it shall be so worded as not to reveal the content of the original proposal. However, the original proposal shall not be physically returned to the Potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they are then fully in conformance with the Instructions to Proposer. H. VALUE ADDED ATTRIBUTES, PRODUCTS/SERVICES 3.22 Examples of Value Added Attributes: Value -Added attributes, products and services are items 11 of 47 RFP 022712 offered in addition. to the products and services being proposed which adds value to those items being proposed. The availability of a contract for maintenance or service after the initial sale, installation, and set-up may, for instance, be "Value Added Services" for products where a typical buyer may not have the ability to perform these functions. 3.23 Where to document Value Added Attributes: The opportunity to indicate value added dimensions and such advancements will be available in the Proposer's Questionnaire and Proposer's product and service submittal. 3.24 Value added products/services and expanded services, as they relate to this RFP, will be given positive consideration in the award selection. Consideration will be given to an expanded selection of FLOOR COVERINGS WITH RELATED SUPPLIES, EQUIPMENT AND SERVICES, and advances to provide products/services, supplies meeting and/or exceeding today's industry standards and expectations. A value add would include a program or service that further serves the members needs above and possibly beyond standard expectation and complements the products/services and training. Value added could include areas of product and service, sales, ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and effectiveness of the procurement process while remaining within the scope of this RFP. 3.25 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the purchase of goods and services. Vendors should document WMBE status for their organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The ability of a Proposer to provide "Credits" to NJPA and NJPA Members in these subject areas, either individually or through related entities involved in the transaction, will be evaluated positively by NJPA. NJPA is committed to facilitating the realization of such "Credits" through certain structuring techniques for transactions resulting from this RF'P. 3.26 Environmentally Preferred Purchasing Opportnnitie,s: There is a growing trend among NJPA Members to consider the environmental impact of the products/services they purchase. Please identify any "Green" characteristics of the goods and services in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as "green" and by which certifying agency. 3.27 On -Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed as a value-added characteristic. Proposer shall include documentation about user interfaces that make on- line ordering easy for NJPA Members as well as the ability to punch -out from mainstream e-Procurement or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize. 3.28 Financing: The ability of the Proposer to provide financing options for the products and services being proposed will be viewed as a Value Added Attribute, I. CERTIFICATE OF INSURANCE 3.29 Proposer shall provide evidence of liability insurance coverage identified below in the form of an ACCORD binder form with their proposal. Upon Award issued pursuant to this contract, and prior to the execution of any commerce relating to such award, Vendor will be responsible for providing verification, in the form of an ACCORD binder identifying the coverage.required below and identifying NJPA as a "Certificate Holder" and an "Additional Insured". Vendor will be responsible to maintain such insurance coverage at their own expense throughout the term of any contract resulting from this solicitation, 3.30 Vendor, upon award, shall be required to maintain the. following insxirance coverage's during the term of the NIPA Contract: (1) Workers Compensation insurance (Occurrence) with the following minimtun coverage's: Bodily 12 of 47 RFP 022712 injury by accident --per employee $100,000; Bodily injury by disease --per employee $100,000; Policy limits S500,000. In addition, Proposer shall require all subcontractors occupying the premises or performing work under the contract to obtain an insurance certificate showing proof of Workers Compensation Coverage with the following nftinimutit c-overage'S: Bodily injury by accident --per employee $100,000; Bodily injury by disease --per employee $100,000; Policy limits $500,000. (2) Commercial General Liability Policy per occurrence S1,000,000, (3) Business Auto Policy to include but not be limited to liability coverage on any owned, non - owned and hired vehicle used by Proposer or Proposer's personnel in the performance of this Contract. The Business Automobile Policy shall have a per occurrence limit of $1,000,000. 3.31 The foregoing policies shall contain a provision that coverage afforded under the policies will not be canceled, or not renewed or allowed to lapse for any reason until at least thirty (30) days prior written notice has been given to NJPA. Certificates of Insurance showing such coverage to be in force shall be filed with NJPA prior to commencement of any work under the contract. The foregoing policies shall be obtained from insurance companies licensed to do business nationally and shall be with companies acceptable to NJPA, which must have a minimum AM Best rating of A-. All such coverage shall remain in. full force and effect during the term and any renewal or extension thereof. J. ORDER PROCESS AND/OR FUNDS FLOW 3.32 Please propose an order process and funds flow. Please choose from one of the following: 3.32.1 B-TO-G: The Business -to -Government order process and/or funds flow model involves NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting from this RFP. 3.32.3 Other: Please fully identify. K. ADMINISTRATIVE FEES 3.33 Proposer agrees to authorize and/or allow for an administrative fee payable to NJPA by an Awarded Vendorin exchange for its facilitation and marketing of a Contract resulting from this RFP to current and potential NJPA Members. This Administration Fee shall be: 3.33.1 Calculated as a percentage of the dollar volume of all products/services provided to and purchased by NJPA Members or calculated as reasonable and acceptable method applicable to the contracted transaction, and 333.2 Included in, and not added to, the pricing included in Proposer's Response to this RFP, and 3.33.3 Designed to offset the anticipated costs of NJPA's involvement in facilitating the establishment, Vendor training, and the order/product/funds flow of the Contract resulting from this RFP, and other uses as deemed appropriate by NJPA's Board of Directors from time to time. 3.333.1 Typical administrative fees for a B-TO-G order process and funds flow is 2.0%. 3.34 The opportunity to propose these factors and an appropriate administrative fee is available in the Proposer's Questionnaire. 4. PRICING STRATEGIES 4.1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of products/services and at prices lower and better value than what they would ordinarily offer to single government agency, larger school district, or regional cooperative. 13 of 47 RFP 022712 4.2 RFP is an "Indefinite Quantity Product/Service Price Request" with potential national sales distribution and service. Proposers are agreeing to fulfill Contract obligations regarding each product/service to which you provide a description and a price. If Proposer's solution requires additional supporting documentation, describe where it can be found in your submission. If Proposer offers the solution in an alternative fashion, describe your solution to be easily understood. All pricing must be copied on a CD along with other requested information as a part of a Proposer's Response, 4.3 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with any purchase option of the products/services and being supplied must always be disclosed at the time of purchase. 4.4 Primary Pricing/Secondary Pricing Strategies- All Proposers will be required to submit "Primary Pricing" in the form of either "Line -Item Pricing," or "Percentage Discount from Catalog Pricing," or a combination of these pricing strategies. Proposers are also encouraged to offer OPTIONAL pricing strategies including "Hot List," "Sourced Goods," and "Volume Discounts," as well as financing options such as leasing. A. LINE-IlEM PRICING 4.5 Line -Item pricing- A pricing format where specific individual products and/or services are offered at specific individual Contract prices. Products and/or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing offers the least amount of confusion as products and prices are individually identified, however Proposers with a large number of products to propose may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense. 4.6 Format: Line Item vehicle pricing for this RFP must be submitted using attached "Price Form Pi". The intent here is to describe and price a "Base" vehicle in each of eight classes AND also offer, on an ala carte basis, options. (both Manufacturer Options and Dealer Options) to customize each vehicle offered. 4.7 All Line -Item Pricing items roust be numbered, organized, sectioned, including SKU's (when applicable) and easily understood by the Proposal Review Committee and members. 4,8 Line -Item Pricing items are to be submitted in an Excel spreadsheet format provided and are to include all appropriate identification information necessary to discern the line item from other line items in each Proposer's proposal, 4.9 The purpose for the excel spreadsheet format for Line -Item Pricing is to be able to use the "Find" function to quickly find any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information which is typically found on an invoice or price quote for such products and services. 4.10 All products and services typically appearing on an invoice or price quote must be individually priced and identified on the line -item price sheet, including any and all ancillary costs. 4.11 Proposers are asked to provide both a "List" price as well as a "Proposed Contract Price" in their pricing matrix. "List" price will be the standard "quantity of one" price currently available to government and educational customers excluding cooperative and volume discounts B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 4.12 Percent Discount From Catalog, list or Category Pricing- A specific percentage discount from a "Catalogue or List Price" defined as a Manufacturer's Suggested Retail Price (MSRP) for the products or services being proposed. 14 of 47 RFP 022712 4.13 Individualized percentage discounts can be applied individually to any number of defined product groupings. 4.14 A Percentage Discount from MSRP may be applied to all elements identified in MSRP including the base vehicle AND all Manufacturer Options. 4.15 Dealer supplied Options will be priced using a "Sourced Goods Multiplier" as defined herein. 4.16 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be responsible for providing and maintaining current "MSRP" with NJPA both in their proposal and throughout the term of any Contract resulting from this RFP. 4.17 NJPA reserves the right to review catalogs submitted to determine if the represented products and services reflect the scope of this bid. Bach new catalog received may have the effect of adding new product offerings and deleting products no longer carried by the Vendor. New catalogs shall apply to the Contract only upon approval of the NJPA. Non -approved use of catalogs may result in termination for convenience. New price lists or catalogs found to be offering non -contract items during the Contract may be grounds for terminating the Contract for convenience. New optional accessories for equipment may be added to the Contract at the time they become available. C. HOT LIST PRICING 4.18 Where applicable, NJPA also invites the Vendor, at their option, to offer a specific selection of products/services, defined as a Hot List Pricing, at greater discounts than those listed in the standard Contract pricing. All product/service pricing, including the Hot List Pricing, must be submitted in hard copy as well as electronically provided in Excel format. Hot List pricing must be submitted in a Line - Item format. Providing a "Hot List" of products/services is optional, Products/services may be added or removed from the "Hot List" at any time provided that current "Hot List" prices are provided to NJPA at all times. 4.19 Hot List pricing when applicable may also be used to discount and liquidate close-out and discontinued products/services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. 4.20 Hot List Pricing is allowed to change at the discretion of the Vendor within the definition of Hot List Pricing, The Vendor is responsible to maintain current Hot List product/service descriptions and Pricing with NJPA. D. CEILING PRICE 4.21 Proposal pricing is to be established as a ceiling price, At no time may the proposed products/services be offered pursuant to this Contract at prices above this ceiling price without approval by NJPA. Prices may be reduced to allow for volume considerations and to meet the specific and unique needs of an NJPA Member. 4.22 Allowable specific needs may include certain purchase volume considerations or the creation of custom programs based on the individual needs of NJPA Members. E. VOLUME PRICE DISCOUNTS 4.23 Proposers are free to offer volume discounts from the quantity -of -one pricing documented in a Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and individual NJPA Members on a case -by -case basis. 15 of 47 RFP 022712 4.24 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced price offered or delivered to another NJPA Member provided the same or similar volume commitment, specific needs, terms, and conditions, a similar time frame, seasonal considerations and provided the same manufacturer support is available to the Vendor. 4.25 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or substantially similar characteristics such as purchase volume commitments, and timing including the availability of special pricing from the Vendor's suppliers. F. SOURCED GOODS 4.26 NJPA and NJPA Members may, from time to time, request goods and/or products/services within the scope of this RFP which are not included in an awarded Vendor's line -item product /service listing or "list or catalog" known as Sourced Goods. 4.27 An awarded Vendor resulting from this RFP may "Source" these products/services for NJPA or NJPA Member to the extent they: 4.27.1 Include in their bid response a cost -plus -percentage -of -cost pricing factor for such Sourced goods and services, and 4.27.2 Provide as many quotes for the Member's "Total Cost of Acquisition" for the goods and services to be sourced as may reasonably be required by NJPA Member. 4.27.3 Provide "Sotireed Goods" only-to-th.e eXtent that they are incidental to the total tnnsaction being contemplated. G. COST PLUS A PERCENTAGE OF COST 4.28 Except as provided in "Sourced Goods" above, cost plus a percentage of cost as a primary pricing mechanism is not desirable. H. TOTAL COST OF ACQUISITION 4.28 The Total Cost of Acquisition for the products/services being proposed, including those payable by NJPA Members to either the Proposer or a third party, shall be defined as: • The cost of the proposed goods and services delivered and operational for its intended purpose in the end -user's location. 4.29 For example, if you are proposing a materials only "Warehouse Goods" contract FOB Proposer's dock and physically at the Proposer's dock, your proposal would identify your deviation from the "The Total Cost of Acquisition" is to be "Proposal does not provide for delivery beyond Proposer's dock, nor any set-up activities or costs associated with those delivery or set-up activities." In contrast, proposed terms including all costs for goods and services delivered and operational at to the end -user's location would require a disclosure of "None" I. REQUESTING PRODUCT AND SERVICE ADDITIONS/DELETIONS 4.30 Requests for product, service, and price additions, deletions, or changes must be made in written form and shall be subject to approval by NJPA. 4.31 New products/services may be added to a Contract resulting from this RFP at any time during that Contract to the extent those products/services are within the scope of this RFP. Those requests are subject to review and approval of NJPA. Allowable new products/services generally include new updated 16 of 47 RFP 022712 models of products/services and or enhanced services previously offered which could reflect new technology and improved functionality. 4.32 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or produot lines to their Contract to the extent they remain within the scope of this RFP. 4.33 N.TPA's due diligence in analyzing any request for change is to determine if approval of the request is 1) within the scope of the original RFP, and 2) in the "Best Interests of NJPA and NJPA Members." We are looking for consistent pricing and delivery mechanisms and an understanding of what value the proposal brings to NJPA and NJPA Members. 4.34 Documenting the "Best Interests of NJPA and NJPA Members" when out -dated equipment is being deleted is fairly straight forward since the product is no longer available and not relevant to the procurement Contract. 4.35 Requests must be in the form of 1) a cover letter to NJPA a) asking to add the product line, b) making a general statement identifying how the products to be added are within the scope of the original RFP, and c) making a general statement identifying that, if appropriate, the pricing is consistent with the existing 'Contract pricing and 2) the detail as to what is being added at what price will then be an attachment to that cover letter. 4.36 NJPA's intent here is to encourage Proposers to provide and document NJPA's due diligence in a clear and concise one page format on. which we can stamp and sign our acknowledgment and acceptance. This information must ultimately come from Proposers, and NJPA is requiring it in this format. J. REQUESTING PRICING CHANGES 4.37 Price Decreases: Requests for standard Contract price decrease adjustments (percentage discount increases) are encouraged and will be allowed at any time based on market place efficiencies, market place competitiveness, irnproved technologies and/or improved methods of delivery or if Vendor engages in innovative procurement practices such as strategic sourcing, aggregate and volume purchasing. NJPA expects Vendors to propose their very best prices and anticipates price reductions due to the advancement of technologies and market place efficiencies. Documenting the "Best Interests of NJPA and NJPA Members" is pretty easy when we are documenting price reductions, 4.38 Price increases: Requests for standard contract price increases (or the inclusion of new generation products/services/services at higher prices) can be made at any time. These requests will again be evaluated by NJPA based on the best interests of NJPA and NJPA Members. As an example, typically acceptable requests for price increases for existing products/services may cite increases to the Vendor of input costs such as petroleum or other applicable commodities. Typically acceptable requests for price increases for new products/services enhance or improve on the current solutions currently offered as well as cite increases in utility of the new compared to the old. Vendors are requested to reasonably document the claims cited in their requests. Your written request for a price increase, therefore, is an exercise in describing what you need, and a justification for why you need it in sufficient detail for NJPA to deem such change to be in the best interests of our self and our Members. 4.39 Price Change Request Format: An awarded Proposer will use the format of a cover letter requesting price increases in general terms (a 5% increase in product line X) and stating their justification for that price increase (due to the recent increase in petroleum costs) by product category. Specific details for the requested price change must be attached to the request letter identifying product/services where appropriate, both current and proposed pricing. Attachments such as letters from suppliers announcing price increases are appropriate for documenting your requests here. K. PRICE AND PRODUCT CHANGES FORMAT 17 of 47 RFP 022712 4.40 NJPA's due diligence regarding product and price change requests is to consider the reasonableness of the request and document consideration on behalf of our members. We would appreciate it if you would send the following documentation to request a pricing change: 4.40.1A cover letter: a. Please address the following subjects in your cover letter: i. What product/service prices are changing? ii. How much are the prices changing? iii. Why are the prices changing? iv. Any additions or deletions from the previous product list and the reason for the changes. b. The specifics of the product/services and price changes will be listed in the excel spreadsheets identified below. Please take a more general "Disclosure" approach to identifying changes in the cover letter. i. If appropriate, for example, state, "All paper products/services increased 5 % in price due to transportation costs." ii. If appropriate, for instance, state, "The 6400 series floor polisher added to the product list is the new model replacing the 5400 series. The 6400's 3% price increase reflects the rate of inflation over the past year. The 5400 series is now included in the "Hot List" at a 20% discount from previous pricing until remaining inventory is liquidated." 4.40.2 An excel spreadsheet identifying all products/services being offered and their pricing. Each subsequent pricing update will be saved using the naming convention of "[Vendor Name] pricing effectiveMWOC/XXXX." a. Include all products/services regardless of whether their prices have changed. By observing this convention we will: i. Reduce confusion by providing a single, easy to find, current pricing sheet for each Vendor. ii. Create a historical record of pricing. L. SINGLE STA l'ElVIENT OF PRICING/HISTORICAL RECORD OF PRICING 4.41 Initially; and with each request for product addition, del tio , and pricing change; all products/services and services available, and the prices for those products/services and services will be stated in an Excel workbook. The request for price changes described above will serve as the documentation for those requested changes. Each complete pricing list will be identified by its "Effective Date." Each successive price listing identified by its "Effective Date" will create a "Product and Price History" for the Contract, 4.42 Proposers may use the multiple tabs available in an Excel workbook to separately list logical product groupings or to separately list product and service pricing as they see fit. 4.43 All products/services together with their pricing, whether changed within the request or remaining unchanged, will be stated on each "Pricing" sheet created as a result of each request for product, service, or pricing change. 4.44 Each subsequent "Single Statement of Product and Pricing" will be archived by its effective date therefore creating a product and price history for any Contract resulting from. this RFP. M. PAYMENT TERMS 4.45 Payment terms will be defined by the Proposer in the Proposer's Response. Proposers are encouraged to offer payment terms through P Card services. 18 of 47 RFP 022712 4,46 Leasing- If available, identify any leasing programs available to NJPA and NJPA Members as part of your proposed, Proposers should submit an example of the lease agreement to be used. Proposers should identify: • General leasing terms such as: o The percentage adjustment over/under an index rate used in calculating the internal rate of return for the lease; and o The index rate being adjusted', and o The "Purchase Option" at lease maturity ($1, or fair market value); and o The available term in months of lease(s) available. • Leasing company information such as: o The name and address of the leasing company; and o Any ownership, common ownership, or control between the Proposer and the Leasing Company N. SALES TAX 4,47 Sales and other taxes, where applicable, shall not be included in the prices quoted. Vendor will charge state and local sales and other taxes on items for which a valid tax exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax exempt status to Vendor. When ordering, if applicable, NIPA Members must indicate that they are tax exempt entities, • Except as set forth herein, no party shall be responsible for taxes imposed on another party as a result of or arising from the transactions contemplated by a Contract resulting from this RFP. O. SHIPPING AND SHIPPING PROGRAM 4.48 Shipping program for material only proposals, or sections of proposals, must be defined as a part of the cost of goods. If shipping is charged to NJPA or NJPA Member, only the actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the product price may not .be used, unless such charges are lower than actual delivery charges, No COD orders will be accepted. It is desired that delivery be made within ninety -days (90) of receipt of the Purchase Order. 4.49 Any shipping cost charged to NJPA or NJPA Members will be considered to be part of "proposal pricing." 4.50 Additional costs for expedited deliveries will be at the additional shipping or handling expense to the NJPA Member. 4.51 Selection of a carrier for shipment will be the option. of the party paying for said shipping. Use of another carrier will be at the expense of the requester. 4.52 Proposers must define their shipping programs for Alaska and Hawaii and any location not served by conventional shipping services. Over -size and over -weight items and shipments may be subject to custom freight programs. 4.53 Proposals containing restocking fees are less advantageous than those not containing re -stocking fees. That being said, certain industries cannot avoid restocking fees. Certain industries providing made to order goods may not allow returns. With regard to returns and restocking fees, Proposers will be evaluated based on the relative flexibility extended to NJPA and NJPA Members relating to those subjects. Where used, restocking fees in excess of 15% will not be considered excessive, Restocking fees may be waived, at the option of the Proposer/Vendor. Indicate all shipping and re -stocking fees in price program. 4.54 Proposer agrees shipping errors will be at the expense of the Vendor. For example, if a Vendor ships a product that was not ordered by the member, it is the responsibility of the Vendor to pay for return mail 19 of 47 RFP 022712 or shipment at the convenience of the member. 4.55 Unless specifically stated otherwise in the "Shipping Program" of a Proposer's Response, all prices quoted must be F.O.B. destination with the freight prepaid by the Vendor. Time is of the essence on this Contract. If completed deliveries are not made at the time agreed, NJPA or NJPA Member reserves the right to cancel and purchase elsewhere and hold Vendor accountable. If delivery dates cannot be met, Vendor agrees to advise NJPA or NJPA Member of the earliest possible shipping date for acceptance by NJPA or NJPA Member. 4.56 Goods and materials must be properly packaged. Damaged goods and materials will not be accepted, or if the damage is not readily apparent at the item of delivery, the goods shall be returned at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the goods at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the goods at the time of delivery. 4.57 Vendor shall deliver Contract conforming products in each shipment and may not substitute products without approval from NJPA Member. 4.58 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products which are not under Contract and described in its paper or electronic price lists or sourced upon request to any member under this Contract. In the event of the delivery of a non -conforming product, NJPA Member will immediately notify Vendor and Vendor will replace non- conforming product with conforming product. 4.59 Throughout the term of the Contract, Proposer agrees to pay for return shipment on goods that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of damaged goods. 4.60 Unless contrary to other parts of this solicitation, if the goods or the tender of delivery fail in any respect to conform to this Contract, the purchasing member may: 1) reject the whole, 2) accept the whole or 3) accept any commercial unit or units and reject the rest. P. NORMAL WORKING HOURS 4.61 Prices quoted are for products/services delivered during normal business hours. Normal Business hours will be as specifically defined herein, defined through industry standards OR defined through statement contained in the purchase/work order issued pursuant to a Contract resulting from this RFP. 5. MARKETING PLAN 5.1 Internal Marketing Plan: Our sales force is your sales force. If you are awarded a contract based on this solicitation your sales force will be the primary driver of everyone's success. Your sales person is only minor interested in the fact that: • The use of the NJPA Contract will save their customer (NJPA's Member) the time and effort of bringing a new individual Invitation for Bids (IFB); The use of the NJPA Contract will guaranty their ability to choose you An award of Contract resulting from this RFP is an opportunity for the awarded contractor to pursue commerce with, and deliver value to NJPA and NJPA Members nationwide. An award of Contract is not an opportunity to see how much business NJPA can drive to an awarded Vendor's door. Your internal marketing plan should serve to: 5.1.1 Identify the appropriate levels of sales management whom will need to understand the value of, and the internal procedures necessary to deliver this Contract opportunity to NJPA and NJPA Members through your sales force. 20 of 47 RFP 022712 5.1.2 Identify, in general, your national foot print and dedicated feet -on -the -street sales force that will be carrying this Contract message and opportunity in the field to NJPA Members. Outline the sale force in terms of numbers and geographic distribution. 5.1.2.1 Identify whether your sales force are employees or independent contractors. 5.1.3 Identify your plan for delivering training to these individuals. 5.1.3.1 Will you have your sales force gathered at national or regional events in the near future? Does you sales force have the ability to participate in webinar or webcast events? 5.1.3.2 NJPA is prepared to provide our personnel in your location for sales training and/or on a webinar or webcast where sufficient efficiencies can be shown in reaching the appropriate groups within your employee base, and sufficient numbers of personnel trained. 5.1.4 Identify your personnel involved in training. 5.1.4.1 NJPA can provide personnel to deliver training regarding the Contract itself, the authority of NJPA to offer the Contract vehicle to its Members, the value the Contract vehicle delivers to NJPA and NJPA Members, the scope of NJPA Membership, and the authority of NJPA Members to utilize our procurement contracts. 5.1.4.2 Your personnel will be needed to provide training regarding employee compensation and internal procedures when delivering the Contract opportunity, and how this Contract purchasing opportunity relates with other such opportimities available. 5.2 Success in marketing is dependent upon 1) the delivery of value as defined in section 1.4, 2) the delivery of knowledge of the program and its proper use and utility, and 3) the delivery of opportunity and reward which creates a personal commitment to the program. NJPA desires a marketing plan that: 5.2.1 identifies the value delivered in a competitively proposed national cooperative procurement contract by relieving both the NJPA Member and the Vendor/Vendor's sales staff of the responsibility for bringing and answering many similar and individual RFP' s; and 5.2.2 identifies the appropriate Vendor personnel from both management and sales staff who will be trained on the use .and utility of such a contract and a general schedule of when and how those individuals will be trained; and 5.2.3 identifies in general how the reward system for the marketing, delivery, and service chain of the Vendor will be affected by the implementation of the proposed Contract and how that will be proposed to those individuals in terms of the value created for thorn and their departments in 5.1.1 above. External Marketing Plan: NJPA is seeking the ability to serve all our current and potential members nationwide. The Proposer must demonstrate the ability to both market and service their products/services/services nationwide. Please demonstrate your sales and service force contains sufficient people in sufficient proximities, to receive the knowledge, opportunity, and reward in order to make a personal commitment to. serving NJPA and NJPA Members nationwide. 5.4 The Proposer must exhibit the willingness and ability to develop marketing materials and participate in marketing venues such as: 5.4.1 Printed Marketing Materials. Proposer will initially produce and thereafter maintain full color print advertisements in camera ready electronic format including company logos, 21 of 47 RFP 022712 identifying the Vendor, the Vendor's general utility for NJPA and NJPA Members, and contact information to be used by NJPA and NJPA Members in a full page, half page, and quarter page formats. These advertisements will be used in the NJPA Catalog and publications. 5.4.2 Press releases and advertisements. Proposer will identify a marketing plan identifying their anticipated press releases, contract announcements, advertisements in industry periodicals, or other direct or indirect marketing activities. 5.4.3 Proposer's Website. Proposer will identify how an Awarded Contract will be displayed on the Proposer's website. An on-line shopping experience for NJPA and NJPA Members is desired when applicable and will be viewed as a value-added attribute to a Proposer's Response. 5.4.4 Trade Shows, Proposer will outline their proposed involvement in the promotion of a Contract resulting frorn this RFP through trade shows. Vendors are encouraged to identify trade - show, and other appropriate venues, for the promotion of any such Contract. Vendors are strongly encouraged to participate in cooperation with NJPA at the following NJPA embraced trade shows: NAEP National Association of Education Procurement I-ASBO International Association of School Business Officials NIGP National Institute of Government Purehasin 5.5 Proposer must also work in cooperation with NJPA to develop a marketing strategy and provide avenues to equally market and drive sales through the Contratt and program to all NJPA Members nationally. Awarded Vendor agrees to actively market in cooperation with NJPA all available products/services to current and potential NJPA Members. NJPA reserves the right to deem a proposer non -responsive or to waive an award based on an unacceptable marketing plan. 5.6 As a part of this response, submit a complete Marketing Plan on how you would help NJPA rollout this program to current and potential NJPA Members. NJPA requires the Vendor actively promote the Contract in cooperation with the NJPA. Vendors are advised to consider marketing efforts in the areas of 1) Website Link from Vendors website to NJPA's website, 2) Attendance and participation with a display booth at national trade shows as agreed upon/required by NJPA, and 3) Sales team and sales training programs involving both Vendor sales management and NJPA staff. NJPA requires awarded Vendors to offer the NJPA Contract opportunity to all current and qualified NJPA Members. 5.7 Facilitating NJPA Membership: Proposer should express their commitment to determine the membership status of their customers whom are eligible for NJPA Membership, AND their commitment to establishing that membership. 5.7.1 Membership information: Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA to appropriately facilitate membership and certain marketing activities as agreed to by NJPA and an Awarded contractor. 6. PROPOSAL OPENING PROCEDURE 6.1 Sealed and properly identified Proposer's Responses for this RFP entitled "II LOOR COVERINGS WITH RELATED SUPPLIES, EQUIPMENT AND SERVICES" will be received by Gregg Meierhofer, Manager of Bids and Contracts, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline for receipt of, and bid opening identified on page one of this RFP, The NJPA Director of Contracts and Marketing, or Representative from the NJPA Proposal Review Committee, will then read the Proposer's names aloud, A summary of the responses to this RFP will be made available for public inspection in the NJPA office in Staples, MN. A letter or e-mail request is required to receive a 22 of 47 RFP 022712 complete RFP package, Send or communicate all requests to the attention of Gregg Meierhofer 202 12th Street Northeast Staples, MN 56479 or RFP@njpacoop.org to receive a complete copy of this RFP. Method of delivery needs to be indicated in the request; an email address is required for electronic transmission. Oral, facsimile, telephone or telegraphic Proposal Submissions or requests for this RFP are invalid and will not receive consideration. All Proposal Responses must be submitted in a sealed package. The outside of the package shall plainly identify "FLOOR COVERINGS WITH RELATED SUPPLIES, EQUIPMENT AND SERVICES" To avoid premature opening, it is the responsibility of the Proposer to label the Proposal Response properly. 7. EVALUATION OF PROPOSALS A. PROPOSAL EVALUATION PROCESS NJPA will use a 1,000 Point Evaluation System to help determine the best overall Proposer(s) selection. Bonus points may be available for specific proposal characteristics identified such as "Green Product Certifications," 7.2 NJPA reserves the right to use a "Cost Scoring Evaluation" through a product comparison process of lilke products/services. This process will establish points for submitted price levels, See Cost Scoring Evaluation. 7.3 NJPA shall use a final overall scoring system to include consideration for best price and cost evaluation. The total possible score is 1,000 points. NJPA reserves the right to assign any number of point awards or penalties it considers warranted if a Proposer stipulates exceptions, exclusions, or limitations of liabilities, 7.4 To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under "Proposer Responsiveness." 7.5 Re,sponses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal Review Committee. 7.6 The procurement activities of the NJPA Proposal Review Committee are limited to document preparation, answering Proposer questions, advertising the solicitation, distribution of this RFP upon request, conducting an evaluation and making recommendation for possible approval to NJPA Board of Directors. B. PROPOSER RESPONSIVENESS 7.7 Proposer's Responses received after the deadline for submission will be invalid and returned to the Potential Proposer unopened. 7.8 An essential part of the proposal evaluation process is an evaluation to qualify the Proposer being considered. All proposals must contain answers or responses to the information requested in the proposal forms. Any Proposer failing to provide the required documentation may be considered non -responsive. 7.9 Deviations or exceptions stipulated in Proposer's Response may result in the proposal being classified as non -responsive. 7.10 To qualify for evaluation, a proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. A proposal must reasonably and substantially conform to all the terms and conditions in the solicitation to be considered responsive. 7.11 The Proposal Review Committee shall utilize the following criteria to evaluate all proposals 23 of 47 RFP 022712 received. Items 1-4 constitute the test for "Level One Responsiveness" and are determined on the proposal opening date. "Level 2" responsiveness is determined through the evaluation of the remaining items listed below. These items are not arranged hi order of importance and each item may encompass multiple areas of information requested. 1, The proposal response is received prior to the deadline for submission, 2. The proposal package was properly addressed and identified as a sealed bid with a specific opening date and time. 3. The proposal response contains the required certificate of liability insurance. 4. The proposal response contains original signatures on all documents requiring such. 5. Response's conformance to terms and conditions as described in the solicitation, including doctunentation, 6. Possesses qualifications as a responding Proposer that meets or exceeds those set within the solicitation. 7. Information from references and past performance information including past member approval. 8. Demonstrates that they offer the most current industry standard products/services and/or services. 9. Demonstrates financial stability and a favorable banking line of credit, 10. Demonstrates their products/services and/or services proposed meet and/or exceed industry standards accepted by educational or governmental institutions. 11. Has demonstrated market place success and their past performance exhibit an acceptable reputation. 12. Demonstrates the company possesses the backkround, knowledge, capacity, and ability to sell, deliver, and support products/services offered to Members. 13. Has provided documentation defmirtg, outlining, and describing their concept of a national marketing program they will be implementing to facilitate and coordinate the cooperative activities required by an awarded Contract. 14. Has provided all of the required and applicable documentation required i.e. insurance certificates, licenses, and/or registration certificates required to do business nationally. 15. Line -Item Pricing, in approved excel format, listing of all of the proposed products/services and warranty provisions with their associated units of costs. 16. Core List selection of products/services in Line-Iteir Pricing format 17. Hot List Pricing products/services in a Line -Item Pricing format (where applicable). 18. Contract Pricing submitted as requested to include core list or products/services, Line -Item Pricing arid/or Percentage Discount from published gov/ed price list or Catalog. C. PROPOSAL EVALUATION CRITERIA 7.jj If a mnnnfaoturer or supplier chooses not to produce or supply goods and services to meet the scope ofthis RFP, such action will be considered sufficient cause to reduce evaluation points. 7.13 Consideration will be given in the award based on the completion and degree of information provided regarding available products, equipment, and accessories, as well as, applicable parts of the Proposer Information and Questionnaire. 7.14 The fact a manufacturer or supplier chooses not to produce or provide equipment products or services to meet the intent and scope of this RFP will not be considered sufficient cause to adjudge this RFP as restrictive. 7.15 The Proposer is required to have extensive knowledge and at least three (3) years of experience with the related activities surrounding the selling of the equipment, service or related products offered. 7.16 NJPA reserves the right to accept or reject newly formed companies solely based on information provided in the proposal and/or its own investigation of the company. 24 of 47 RFP 022712 7.17 Consideration will be given in the proposal evaluation based upon the selection, variety, technological advances, and demonstrated quality of products submitted, technological advances, and pricing. The ability of the Proposer to communicate the value of these factors and to demonstrate how the depth and breadth of their product and service offerings provide NJPA and NJPA Members with a sole source of responsibility within the scope of this RFP will be positively reviewed. 7.18 Consideration will also be given to proposals demonstrating technological advances, provide increased efficiencies, expanded service and other related improvements beyond today's NJPA member's needs and applicable standards. 7.19 Strong consideration will be given to a Proposer' s past performance, distribution model, and the demonstration their ability to effectively market and service NJPA Membership nationally. 7.20 Strong consideration will be given to the best price as it relates to the quality of the product and service. However, price is ultimately one of the factors taken into consideration in evaluation and award. 7.21 Evaluation of a Proposer's Responses will take into consideration as a minimum response but not necessarily limited to the following: 1. Adherence to all requirements of this RFP as defined by industry standards. 2. Prior knowledge of and experience with a Proposer in tenns of past performance and market place success. 3. Capability of meeting or exceeding current and future needs or requirements of NJPA and NJPA Members. 4. Evaluation of Proposer's ability to market to and provide service to all NJPA Members nationally. 5. Financial condition of the Proposer. 6. Nature and extent of company data furnished in Proposer's Response. 7. Quality of products, equipment, and services offered including value added related services. 8. History of member service to NJPA type customers. 9. Overall ability to perform sales, solutions and contract support as submitted. 10. Ability to meet service and warranty needs. 11. History of meeting shipping and delivery expectations of contracted products/ services. 12. Technology advancements and related provisions. 13. Ability to market and promote the Contract within current business practices. 14. Willingness to develop and enter into NJPA Contract and business relations. 15. Favorable bond rating and applicable industry standard licensing ability. 16. Past market place successes and brand recognition. 17, Demonstrated warranty and product/service responsibility. 7.22 The Proposer's ability to follow the proposal preparation instructions set forth in this' solicitation will also be considered to be an indicator of the Proposer's ability to follow other future instructions should they receive an award as a result of this solicitation. Any Contract between NJPA and a Proposer requires the delivery of information and data. The quality of organization and writing reflected in the proposal will be considered an indication of the quality of organization and writing which would be prevalent if a Contract was awarded. As a result, the proposal will be evaluated as a sample of data submission. 7.23 Proposer's Dunn and Bradstreet reports- The Proposer's Dunn and Bradstreet report are requested and reviewed to get a general feel for the size, strength, and probable scope of the Proposer. 7.24 NJPA reserves the right to reject the Proposer's Response of the apparent successful Proposer where the available evidence or information does not exhibit the ability or intent to satisfy NJPA that the potential Vendor is unable to properly carry out the terms of this RFP and potential Contract. 25 of 47 RFP 022712 725 NJPA shall reserve the right to reject any or all proposals. NJPA also reserves the right to reject a proposal not accompanied by required certificate of insurance, other data required by this RFP, or if a Proposer's Response is incomplete or irregular. The NJPA shall reject all proposals where there has been collusion among the Proposers. 7.26 Overall Evaluation (FORM G) - The NJPA Proposal Review Committee will evaluate proposal received based on a 1,000 point evaluation system, The Committee will establish both the evaluation criteria and designate the relative importance of those criteria by assigning possible scores for each category. 7.27 Bonus Evaluation Points- Bonus evaluation points may be awarded by the NJPA Proposal Review Committee based on criteria identified as being both "optional" and "having additional value" D. COST SCORING EVALUATION 7.28 NJPA reserves the right to use this process in the event the evaluation committee feels it is necessary to make a final determination. 7.29 This process will be based on a point system with points being awarded for being low to high Proposer for each cost evaluation item selected. A "Market Basket" of identical (or substantially similar) products/services may be selected by the NJPA proposal Review Committee and the -unit cost will be used as a basis for determining the point value. The "Market Basket:" will be selected by NJPA from all product categories as determined appropriate by NTPA. The low priced Proposer will receive the full point value and all other Proposers will receive points as follows: Lowest price Propesal = 5 (where_there are five proposers), and inferior proposals = 4, 3, 2, 1 points each. The Total Score for each proposer will be the sum of all points earned. The result of this process shall not be the sole determination for award. E. PRODUCT 1 ESTING 7.30 NJPA resolves the right to request and test products/services and/or services from the apparent successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by NJPA, shall furnish current information and data regarding the Proposer's resources, personnel, and organization within three (3) days. F. PAST PERFORMANCE INFORMATION 7.31 Past performance information is relevant information regarding a Proposer's actions under previously awarded contracts to schools, local, state, and governmental agencies and non-profit agencies. It includes the Proposer's record of conforming to specifications and standards of good workmanship. The Proposer's history for reasonable and cooperative behavior and commitment to member satisfaction shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer's businesslike concern for the interests of the NJPA Menaber. G. WAIVER OF FORMALITIES 7.32 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept proposals, which, in its discretion and according to the law, may be in the best interest of its members. 8. POST AWARD OPERATING ISSUES A. SUBSEQUENT AGREEMENTS 8.1 Purchase Order- Purchase Orders for goods and services may be executed between NJPA or NJPA Members (Purchaser) and awarded Veridor(s) or Vendor's sub -contractors pursuant to this invitation and 26 of 47 RFP 022712 any resulting Contract. NJPA Members are instructed to identify on the face of such Purchase orders that "This purchase order is issued pursuant to NJPA procurement contract #XXXXXX." A Purchase Order is an offer to purchase goods and services at specified prices by NJPA or NJPA Members pursuant to a Contract resulting from this RFP. Purchase Order flow and procedure will be developed jointly between NJPA and an Awarded Vendor after an award is made. 8.2 Governing Law- Purchase Orders, as identified above, shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. Each and every provision of law and clause required by law to be included in the Purchase Order shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of either part the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase Order(s) shall be a court of competent jurisdiction to the Purchaser. 8.3 Additional Terms and Conditions- Additional terms and conditions to a Purchase Order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is to, among other things; formerly introduce job or industry specific requirements of law such as prevailing wage legislation. Additional terms and conditions can include specific local policy requirements and standard business practices of the issuing Member, Said additional terms and conditions shall not interfere with the general purpose and intent of this RFP. 8.4 Asset Management Contracts: Asset Management type contracts can be initiated pursuant to a Contract resulting from this RFP at any time during the term of said Contract. The .establishment of such Asset Management Contracts cannot exceed the authorized term of a Contract resulting from this RFP; however the Asset Management Contract term may extend beyond the maturity date of a Contract resulting from this RFP. 8.5 Specialized Service Requirements- In the event service requirements or specialized performance requirements such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements not addressed in the Contract resulting from this RFP, NJPA Member and Vendor may enter into a separate, standalone agreement, apart front a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre -approval by Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and employees shall not be made party to any claim for breach of such agreement, Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified in this Contract. 8.6 Performance Bond- At the request of the member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of Purchase Orders for goods and services. If a purchase order is cancelled for lack of a required performance bond, it shall be the recommendation of NJPA that pending Purchase Orders with all NJPA Members be considered for cancellation. Each member has the final decision on Purchase Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR CUSTOMER STAFE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND SECURED BETWEEN THE VENDOR AND THE CUSTOMER/MEMBER. B. NJPA MEMBER SIGN-UP PROCEDURE 8.7 Awarded Vendors will be responsible for familiarizing their sales and service forces with the various forms of NJPA Membership documentation and shall encourage and assist potential Members in establishing Membership C. REPORTING OF SALE ACTIVITY 27 of 47 RFP 022712 8.8 A report of the total gross dollar volume of all products/services purchased by NJPA Members as it applies to this RFP and Contract will be provided quarterly to NJPA. The form and content of this reporting will be developed by NJPA in cooperation with the Vendor to include, but not limited to, name and address of purchasing agency, amount of purchase, and a description of the items purchased. 8.8.1 Zero sales reports: Awarded Contractors are responsible for providing a quarterly sales report EVERY QUARTER regardless of the existence or amount of sales, D, ATJDITS 8.9 During the Term, Vendor will, upon not less than fourteen (14) business days' prior written request, make available to NJPA no more than once per calendar year, at Vendor's corporate offices, during normal business hours, the invoice reports and/or invoice documents from Vendor pertaining to all invoices sent by Vendor and payments made by NJPA members for all products/services purchased under this Contract. NJPA may employ an independent auditor or NJPA may choose to conduct such audit on its own behalf. Vendor shall have the right to approve the independent auditor, which approval shall not be unreasonably withheld. Upon approval and after the auditor has executed an appropriate confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor documents. NJPA shall be responsible for paying the auditor's fees. The parties will make every reasonable effort to fairly and equitably resolve discrepancies to the satisfaction of both parties. Vendor agrees that the NJPA may audit their records with a reasonable notice to establish total compliance and to verify prices charged hereunder of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking in a timely manner, E. IITJB PARTNER 8.10 Hub Partner: Where Applicable, NJPA Members may, from time to time, request to be served in some way through a "Hub Partner" for the purposes of complying with a Law, Regulation, or Rule to -which that individual NJPA Member deems to be applicable in their jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, Disadvantaged Business Entity Credits, or other considerations. 8.11 Hub Partner Fees: Fees, costs, or expenses from this Hub Partner levied upon a transaction resulting from this contract, shall be payable by the NJPA Member provide that: 8.11.1 The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction. and 8,11.2 To the extent that the he Vendor stands in the chain of title during a transaction resulting from this REP, the documentation shall be documented to show it is "Executed for the Benefit of [NJPA Member Name]". F. TRADE-INS 8.12 Where Appropriate, the value in US Dollars, of Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified "Trade -In" value shall be credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration to that purchase order, G. OUT OF STOCK NOTIFICATION 8.13 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out -of -stock occurs. Vendor shall inform the NJPA member regarding the anticipated date of availability for the out- of- stock item(s), and may suggest equivalent substitute(s). 28 of 47 RFP 022712 • The ordering organization shall have the option of accepting the suggested equivalent substitute, or canceling the item from the order. • Under no circumstance is Proposer permitted to make unauthorized substitutions. • Unfilled or substituted item(s) shall be indicated on the packing list. H. TERMINATION OF CONTRACT RESULTING FROM THIS RFP 8.14 NJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the Vendor to carry out any obligation, teal' or condition as described in the below procedure Prior to any termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and opportunity to cure according to the steps in the procedure in this Cancellation Section. Some examples of material breach are the following: • The Vendor provides material that does not meet reasonable quality standards and is not remedied under the warranty; • The Vendor fails to ship the products or provide the services within a reasonable amount of time; • NJPA has reason to believe the Vendor will not or cannot perform to the requirements of the Contract and issues a request for assurance as described herein and Vendor fails to respond; • The Vendor fails to observe any of the material terms and conditions of the Contract; and/or, • The Vendor fails to follow the established procedure for purchase orders, invoices andior receipt of funds as established by the NJPA and the Vendor in the Contract. • The Vendor fails to report quarterly sales volume; • The Vendor fails to actively market this Contract within the guidelines provided in this RFP and the expectations of NJ -PA. 8.15 Each party shall follow the below procedure if the Contract is to be terminated for violations or non-performance issues: Step 1: Issue a warning letter outlining the violations and/or non-perfonnance and state the length of time (10 days) to provide a response and correct the problem(s) if reasonably possible in such time frame. Step 2: Issue a letter of intent to cancel Contract, if the problem(s) is not resolved within fifty (50) days. Step 3: Issue letter to cancel Contract for cause. 8.16 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to provide a satisfactory response to the NJPA. Failure on the part of the Vendor to reasonably address all issues of concern may result in Contract cancellation pursuant to this Section. 8.17 Any termination shall have no effect on purchases that are in progress at the time the cancellation is received by the NJPA. The NJPA reserves the right to cancel the Contract immediately for convenience, without penalty or recourse, in the event the Vendor is not responsive concerning the remedy, the performance, or the violation issue within the time frame, completely or in part. 8.18 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the Vendor files for bankruptcy protection or is acquired by an independent third party, Prior to commencing services under this Contract, the Proposer/Vendor must furnish NJPA certification from insurer(s) proving level of coverage usual and customary to the specific industry. The coverage is to be maintained in full effect during the Contract period. Vendor must be willing to provide, upon request, certification of insurance to any NJPA member or member using this Contract. 8.19 Either party may execute Contract termination without cause with a required 60-day written notice of termination. Termination of Contract shall not relieve either party of financial, product or service obligations incurred or accrued prior to termination. 29 of 47 RFP 022712 8.20 NJPA may cancel any Contract resulting from this solicitation without any further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the NJPA is found to be in collusion with any Proposer to this RFP for their personal gain. Such cancellation shall be effective upon written notice from the NJPA or a later date if so designated in the notice given. A terminated Contract shall not relieve either party of financial, product or service obligations due to participating member or NJPA. 8.21 Events of Automatic termination to include: • Vendor's or NJPA's voluntary or involuntary bankruptcy or insolvency; • Vendor's failure to remedy a material breach of a Contract resulting from this RFP within sixty (60) days of receipt of notice from NJPA specifying in reasonable detail the nature of such breach; and/or, • Receipt of written information from any authorized agency finding activities of Vendors engaged in pursuant to a Contract resulting from this RFP to be in violation of the law. 9. GENERAL I ERMS AND CONDITIONS A. ADVERTISEMENT OF RFP 9.1 As a policy, NJPA shall advertise this solicitation 1) for two consecutive weeks in both the print and on-line editions of the MINNEAPOLIS STAR TRIBUNE, 2) it shall be placed on a national wire service by the MINNEAPOLIS STAR TRIBUNE, 3) it shall be posted on NJPA's website, 4) it shall be posted to the website of "Noticetobidders.com," and 5) it shall be posted to other third -party websites deemed appropriate by NJPA. Other third party advertisers may include Onvia and Bid.sync, B. ADVERTISING OF A CONTRACT RESULTING FROM THIS RFP 9.2 Proposer/Vendor shall not advertise or publish information concerning this Contract prior to the award being annotmced by the NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. C. APPLICABLE LAW 9.3 NJPA Compliance with Minnesota Procurement Law: Contracts awarded through NJPA are intended to meet the procurement laws of all states and NJPA will exhaust all avenues to comply with as many state laws as possible. It is the responsibility of each participating NJPA member to insure to their satisfaction that these laws are satisfied. An individual NJPA member using these contracts is deemed by their own acoord to be in compliance with proposal regulations. NJPA encourages the awarded Vendor to assist NJPA and the NJPA member in this research to the benefit of all involved. 9.4 Governing Law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws shall govern contracts resulting from this solicitation. 9.5 Jurisdiction: Any claims pertaining to this RFP and any resulting Contract that develop between NJPA and any other party must be brought forth only in courts in Todd County in the State of Minnesota. 9.5.1 Purchase Orders issued pursuant to a contract resulting from this solicitation shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. 9.6 Vendor Complianceapplicable law: Vendor(s) shall comply with all federal, state, or local 30 of 47 RIP 022712 laws applicable to or pertaining to the acquisition, manufacturer, or sale of the products/services resulting from this RFP. 9.7 All applicable laws, whether or not herein contained, shall be included by this reference, It shall be Proposer's/Vendor's responsibility to determine the applicability and requirements of any such laws and to abide by them. 9.8 Indenmity: Each party agrees it will be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. NJPA's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section §3.736, and other applicable law. 9.9 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with prevailing wage legislation in effect in the jurisdiction of the purchaser (NJPA or NJPA Member). It shall be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this Contract and adjust wage rates accordingly. 9.10 Patent and Copyright infringement: If an article sold and delivered to NJPA or NJPA Members hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and save harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted or recovered against it by any person whosoever on account of the use or sale of such articles by NJPA or NJPA Members in violation or right under s-uch patent or copyright. D. ASSIGNMENT OF CONTRACT 9.11 No right or interest in this Contract shall be assigned or transferred by the ProposerNendor without prior written permission by the NJPA. No delegation of any duty of the ProposerNendor shall be made without prior written permission of the NJPA. The NJPA shall notify the members within fifteen (15) days of receipt of written notice by the Vender. After issuance the awarded Contract may be reassigned to a comparable Vendor at the discretion of NIPA. 9.12 If the original Vendor 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. NJPA reserves the right to reject the acquiring person or entity as a Vendor. A simple change of name agreement will not change the contractual obligations of the Vendor. E. PROPOSERS LIST 9.13 NIPA will not maintain or communicate to a proposers list, All interested proposers must respond to the solicitation as a result of one of the methods of proposal advertisements listed above. Because of the scope of the potential Members and national Vendors, NJPA has determined this to be the best method of fairly soliciting proposals. F. CAPTIONS, HEADINGS, AND ILLUSTRATIONS 9.14 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. G. CONFIDENTIAL INFORMATION 9.15 If a Proposer wishes to withhold any part of its proposal from public inspection, then a statement advising the NJPA of this fact shall accompa-ny the submission. NJPA shall review the statement to determine whether the information shall be withheld. IfNJPA determines to disclose the information, the Executive Director ofNJPA shall inform the Proposer, in writing, ofsuch determination prior to award of 31 01'47 RFP 022712 Contract to Proposer. H. DATA PRIVACY 9.16 Proposer agrees to abide by all applicable STATE and FEDERAL laws and regulations including HIPPA concerning the handling and disclosure of private and confidential information regarding individuals. Proposer agrees to hold NJPA harmless from its unlawful disclosure and/or use of private/confidential information. I. ENTIRE AGREEMENT 9.17 The Contract, as defined herein, shall constitute the entire understanding between the parties to that Contract. 9.16 A Contract resulting from this RFP is formed when the NJPA Board of Directors d signs the applicable Acceptance and Award Form document (see Form D). J. FORCE MAjEURE 9.18 Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, bail storms,- volcanic eruptions, meteorstrike; famine, sink holes, avalanches, lockouts, injunctionsintervention-acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure shall not include late deliveries of products/services caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force rnajeure, then the delayed party shall notify the other party of such delay within forty-eight (48) hours. K. GRATUITIES 9.19 NJPA may cancel this Contract by written notice if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Proposer/Vendor or any agent or representative of the Proposer/Vendor, to any employee of the NJTJA are deemed to be excessive with a view toward securing a contract or with respect to the performance of this Contract, L. HAZARDOUS SUBSTANCES 9.20 Proper Material Safety Data Sheets (MSDS), in compliance with OSHA's Hazard Communication Standard, must be provided by the Vendor to NJPA or NJPA Member at the time of purchase. M. LEGAL REMEDIES 9,21 All claims and controversies between NJPA and Vendor shall be subject to the laws of the State of Minnesota and are to be resolved in Todd County, Minnesota, the county in which NIPA is domiciled. N. LICENSES 32 of 47 INSTRUCTIONS TO ORDERING AGENCY PURCHASING PROCEDURES AND MANUFACTURER'S RESPONSIBILITIES The following steps are to be taken by the purchaser and the manufacturer in order to use this contract: CARPET SELECTION Purchaser shall determine which type of carpet is most appropriate for the area to be carpeted. Purchaser may call Manufacturer's Representative for assistance. II SITE VISIT A. Purchaser shall contact manufacturer's corporate designee and arrange a mutually convenient date to visit the site. The corporate designee shall inform purchaser of the name and telephone number of the person (Manufacturer's Representative or Installation Partner) who will visit the site. B. The date and time of the site visit shall not exceed seven (7) working days after the purchaser initiates the call. C. Purchaser shall make every effort to have building floor plans or blueprints available at time of site visit. D. Manufacturer's Representative or Installation Partner shall visit the site of the proposed work, and familiarize himself with the extent of the work to be performed and any conditions that may in any manner affect the work to be done and the equipment, materials, and labor required. Manufacturer's Representative or Installation Partner is responsible for obtaining accurate on -site measurements for the manufacturer. Reviewing plans (if available) in no way relieves the manufacturer's representative or installation partner of this responsibility. E. Manufacturer's Representatives or Installation Partners shall measure the areas to receive new flooring to determine the actual number of square yards required to complete the installation. All services shall be quoted from the Pricing for Additives page . Manufacturer shall complete the "Quotation Form" to include with Formal Proposal to purchaser. The Formal Proposal and the "Quotation Form" must accompany all agency purchase orders. Using these measurements, a seam diagram shall be prepared for each area to receive broadloom carpet. Excessive seaming or cross -seaming will not be accepted. Failure to provide seaming diagrams shall be interpreted as not conforming to contract conditions, and shall be grounds for default. Not -to -scale seaming diagrams are acceptable for seaming intent if acceptable by purchaser. However, this shall not relieve the Manufacturer's Representative or Installation Partner of the requirement for proper seaming and installation. F. At the time of the site visit, the Manufacturer's Representative or Installation Partner shall allow purchaser to select carpet color from carpet sample brochures. G. Installation of carpet shall be accomplished during purchaser's business hours. However, with agreement of both parties, installation may be accomplished at night and/or on weekends, as noted on pricing pages. H. The Quotation Form/Formal Proposal shall be delivered to the purchaser no later than seven (7) working days after the site visit. Any installation requiring more than 5% over the actual square yardage of an area shall be subject to pre -approval by the purchaser. J The manufacturer may charge the purchaser a site visit if no purchase order was issued after the site was measured and a seam diagram prepared. III. PURCHASE ORDER PREPARATION BY PURCHASER The purchaser shall specify the following on the purchase order to the manufacturer: • Contract and commodity numbers for each item. • Installation method required. • Manufacturer, style, color name and order numbers for all materials required. Any additive or deductive options required, by line item, as shown on proposal and quotation form from manufacturer. It shall be shown both by item price and description. Amount of flooring required and price per square foot or square yard. The name and telephone number of the purchaser's representative at the installation site. A copy of the seam diagram (if applicable) and Quotation Form from the manufacturer, and a blank copy of the Contract Completion Form shall accompany each Purchase Order issued under this contract. IV. INSTALLATION A. The purchaser and Manufacturer's Representative or Installation Partner shall agree upon an installation date and time. B. Manufacturer shall place order in production after receipt of purchase order. Manufacturer shall notify purchaser's representative (designated on purchase order) within five (5) working days of the estimate arrival date of the carpet. The purchaser shall also be notified at this time of any mill delays or anticipated scheduling problems. C. Manufacturer's Representative or Installation Partner shall notify purchaser's representative upon receipt of floor covering and arrange for installation. D. Manufacturer's Representative or Installation Partner shall provide proof of FDLE/Inspector General's clearance for all employees, if required. E. Manufacturer's Representative or Installation Partner shall be responsible for removing existing floor covering, unless otherwise specified. The fees for removal shall be stated on the purchase order. F. Manufacturer's Representative or Installation Partner shall remove and replace all furnishings and movable equipment when specified. Installed equipment that cannot be removed shall necessitate installing floor covering around said equipment, with all edges finished. G. Manufacturer's Representative or Installation Partner shall not be responsible for moving any computer equipment, electronic equipment, copiers, etc. Libraries, large file rooms, and open office furniture are beyond the normal scope of work required by this contract, and all unusually furnished areas shall have furnishing removed before floor covering is scheduled to be installed, or shall be negotiated on a case -by -case basis between the manufacturer's representative and purchaser. H. The Manufacturer's Representative or Installation Partner shall be held responsible for the scheduling, receiving, and placement on floors of goods from the manufacturer. Goods shall be delivered to the job site in the manufacturer's bundles and shall be clearly marked as to size, dye lot, and materials. For late jobs, work shall be finished on one floor before starting work on any other floor. Manufacturer's Representatives and Installation Partners and their staff shall have a form of identification on their person from manufacturer at all times on the job site. There shall be a proper transition between existing flooring materials and the new materials installed. Where needed, exposed edges at doorways, etc., shall be finished with a top quality metal strip or appropriate transition material/molding. Any base shall be securely attached to the walls, and shall be level and even. Where using carpet base, the base cap shall be glued or nailed/screwed into the wall first, and the carpet shall be cut to fit. All waste material must be removed from the premises and carpet shall be clean and free of debris. Building dumpsters are not to be used. K. Upon completion of installation, any excess materials shall be turned over to the purchaser's representative at the installation site. The "Attic Stock/Receipt of Materials F01111" shall be used to document excess materials. Manufacturer's guide to cleaning and maintenance and all warranty documents shall be provided to purchaser upon completion of job. All changes or modifications to the original order shall be made in writing by the manufacturer and approved by purchaser before any work can be executed. The Change Order/Special Request Form signed by purchaser must be submitted to the manufacturer for invoicing. After the job has been completed, the Manufacturer's Representative or Installation Partner shall submit the "Contract of Completion Form" to the purchaser's representative for signature and approval that work has been satisfactorily completed. No payment shall be made until "Certificate of Completion" form has been signed by purchaser and a copy attached to the invoice. N. Job Completion or Remedy of Work: If the Contractor, after receipt, of any such written notice fails within seventy-two (72) hours to commence at the job site with perfolinance of the work necessary to complete or remedy all defects, clean- up, etc., the Purchaser shall be entitled to have such work remedied and the Contractor shall be fully liable for all cost and expenses reasonable incurred by the Purchaser. Exhibit C 2 Sourcewell Formerly NJPA June 6, 2018 The National Joint Powers Alliance (NJPA) will formally be known as Sourcewell beginning June 6, 2018. The NJPA Board of Directors on May 15, 2018 voted to approve changing the organization's name to Sourcewell. Documentation has been formally submitted for Sourcewell to be registered and trademarked, both federally and in Minnesota, with the appropriate agencies. Sourcewell has worked intentionally to mitigate the implications of this change to current and potential members, currently awarded vendors, and other existing partners. After June 6th, 2018, Sourcewell will maintain and continue to recognize the National Joint Powers Alliance name. Membership agreements, contracts, and agreements entered into with the National Joint Powers Alliance will remain valid and continue in effect without impact. This will ensure contractual continuity and safeguard any disruptions to engagement with Sourcewell. This includes membership, use of cooperative purchasing contracts, or other contractual engagements. General Counsel and Director of Government Relations 202 12th Street NE I P.O. Box 219 1 Staples, MN 56479 888-894-1930 I www.sourcewell-mn.gov STATE OF MINNESOTA COUNTY OF TODD RESOLUTION ESTABLISHING CORPORATE AND AGENCY NAME FOR REGION 5 SERVICE COOPERATIVE AS SOURCEWELL (F/K/A National Joint Powers Alliance) Resolution No. 2018-07 WHEREAS, the Board of Directors previously authorized and directed staff undertake all actions necessary and sufficient to "rebrand" Region 5 Service Cooperative; and WHEREAS, after careful study and consideration, the name Sourcewell was chosen as the legal, organizational, and agency name for Region 5 Service Cooperative; and WHEREAS, the organizational bylaws were duly adopted, ratified and approved and became effective as of the May 2018 Board of Directors meeting; and WHEREAS, Article 1, Section 1 of said bylaws establishes Sourcewell as the legal organizational name for Region 5 Service Cooperative; and WHEREAS, Minnesota Statutes, § 123A.21 provides that the "care, management, and control" of Region 5 Service Cooperative is vested in its Board of Directors, including the power and authority to establish the legal name of the organization. NOW THEREFORE BE IT RESOLVED by the Board of Directors as follows: 1. The name National Joint Powers Alliance is replaced and the legal, organizational, and agency name of Region 5 Service Cooperative is Sourcewell. 2. The official and effective date of this change is June 6, 2018. 3. All prior contracts and other legal obligations established or incurred under the name National Joint Powers Alliance remain in full force and effect. 4. All contracts or other legal obligations undertaken on and after June 6, 2018 shall be executed and performed in the name Sourcewell. 5. This Resolution is effective upon signature and shall henceforth serve as sufficient and official proof and evidence of the legal, organizational and agency name for Region 5 Service Cooperative. 6. The Executive Director, or his designee, is authorized and directed to provide copies of this resolution to third parties as requested or required and to affix the same to legal documents when necessary. Chairperson, Sourcewell Board of Directors ATTEST: Clerk to the Board of Directors Page 1 of 2 A R�LJ 7-�� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/Y) 05/02/2024/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 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. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA CONTACT Willis Towers Watson Certificate Center NAME: (A/CNNo Ext): 1-877-945-7378 FAX No): 1-888-467-2378 E-MAIL certificates@willis.com ADDRESS: INSURER(S)AFFORDINGCOVERAGE NAIC# INSURERA: XL Insurance America Inc 24554 INSURED Fieldturf USA Inc c/o Sports Division Tarkett Inc. 7445 Cote-de-Liesse Road, Suite 200 Montreal, QC H4T 1G2 CAN INSURERB: Travelers Property Casualty Company of Ame 25674 INSURER C: INSURER D: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: W33470805 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 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 LTR TYPE OF INSURANCE A INSD S WVD POLICY NUMBER POLICY F (MM/D POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y 0500010327L224A � O Ol ,' /01/2024 tC , 05/01/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y `��[' _v\ v :1 �\� I'1' TC2 - 3K312� 74�LJ-24 V v O 05/01/2024 05/01/2025 COMBINED SINGLE LIMIT (Ea accident) $ 5,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE US00010615L224A 05/01/2024 05/01/2025 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A Y UB-8P793534-24-51-K 05/01/2024 05/01/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Workers Compensation & Employer's Liability Work Comp - Per Statute Y UB-8P760619-24-51-R 05/01/2024 05/01/2025 E.L. Each Accident E.L. Disease-Pol Lmt E.L. Disease -Each Emp$1,000,000 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 6 more space is required) WC Policies: Policy # UB-8P793534-24-51-K - covers all other states. Policy # UB-8P760619-24-51-R - covers AZ, MA, WI only. Project: Armbrister Park - Multipurpose Field. CERTIFICATE HOLDER CANCELLATION City of Miami 1300 SW 12 Ave Miami, FL 33129 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE %1� 1 ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 25802065 BATCH: 3445037 AGENCY CUSTOMER ID: LOC #: ACORO� ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Willis Towers Watson Northeast, Inc. POLICY NUMBER See Page 1 CARRIER See Page 1 NAIC CODE See Page 1 NAMED INSURED Fieldturf USA Inc c/o Sports Division Tarkett Inc. 7445 Cote-de-Liesse Road, Suite 200 Montreal, QC H4T 1G2 CAN EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance City of Miami is included as an Additional Insured on the General Liability and Automobile Liability policies, as respects to the liability arising out of ongoing and completed operations performed on the project specified in the construction contract for the period of time required within the contract. It is further agreed that such insurance as is afforded shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by the Additional Insured, where required by written contract executed prior to loss and permitted by law. Waiver of Subrogation applies in favor of Additional Insured with respects to Workers Compensation coverage where required by written contract subject to policy terms and conditions an( s permitted by law. O 4</ 0 ^ `,,O �O V O O� Q ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 25802065 BATCH: 3445037 CERT: W33470805 From: Gomez Jr., Francisco (Frank) To: Carbonell. Aileen Cc: Quevedo, Terry; Aviles, Yesenia Subject: RE: PROCUREMENT INSURANCE REVIEW FOR FIELDTURF USA INC COI Date: Friday, May 3, 2024 6:48:36 AM Attachments: image002.pnq Good morning Aileen, The COI is adequate. Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management (305) 416-174o Office (305) 416-1760 Fax fgomez@miamigoy.com 4,1/ ncst 0 o v PQ <Z- <0/ "Serving, Enhancing, and Transforming our Community" From: Carbonell, Aileen <ACarbonell@miamigov.com> Sent: Thursday, May 2, 2024 3:37 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Cc: Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: PROCUREMENT INSURANCE REVIEW FOR FIELDTURF USA INC COI Importance: High Good morning, Please review the insurance attached at your earliest convenience and advise if adequate according to insurance requirements contained therein. Thank you! Kind regards, Aileen Carbonell, MPA Procurement Assistant Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Office: (305) 416-1922 Facsimile: (305) 416-1925 Email: acarbonellPmiamigov.com Remit W9 to: PurchasingSupplierAdmins(@miamigov.com Website: https://beta.miamigov.com/Government/Departments-Organizations/Procurement t4/1/ ew \ O� QQ "Serving,Enhancn nd Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. *Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. Nongovernmental Entity: Name: Darren Gill EXHIBIT G ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. FieldTurf USA, Inc Signature of Officer: Office Address: Email Address: Officer Title: Executive Vice President 7445 De la Cote-de-Liesse Rd Suite 200, Montreal, Quebec H4T 1 G2 dgill@fieldturf.com FEIN No.5 /$ _2/ 3/3/0 /4 /1 p STATE OF FLORIDA COUNTY OF MIAMI-DADE Main Phone Number: +1 514 375 2584 The foregoing instrument was sworn to and subscribed before me by means of O physical presence or ® online notarization, this 5 day of december 2024 by Darren Gill , as the authorized officer or representative for the nongovernmental entity.. He/she is personally(wn to me has produced as identification. My Commission Expires: 05/16/2027 Signature of Person Taking Oath Tahira Khan (Printed, Typed, or Stamped Name of Notary Public) EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 No The 2024 Florida Statutes Go Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Exhibit H CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEESP' Footnotes: --- (9) --- Note— Section 5 of Ord. No. 12787 states that this article shall be effective October 1, 2006. Editor's note— Prior to the adoption of Ord. No. 12787, Ord. No. 12623, § 2, adopted December 9, 2004, repealed article X, divisions 1-4, in its entirety, which pertained to the economic development financing authority and derived from Ord. No. 12062, § 3, adopted May 10, 2001. Sec. 18-556. - Definitions. City means the government of the City of Miami or any authorized agents, any board, agency, commission, department, or other entity thereof, or any successor thereto. Contract means any contract to provide services to the city in which the total value of the contract exceeds $100,000.00 per year. Contractor means any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business entity which meets the following criteria: (1) The contractor is paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds, including, but not limited to, grants, donations, and the like, whether by competitive bid process, requests for proposals, or some other form of competitive solicitation, negotiation, or agreement, or any other decision to enter into a contract; and (2) The contractor is engaged in the business of or part of a contract to provide services for the benefit of the city. This section shall apply to employees of the contractor who spend the majority of their time on covered City of Miami service contracts. If the contract is for both goods and services it shall only apply to the services portion of such contract. This section shall not apply to contracts which are primarily for the sale or leasing of goods. Goods are defined in section 18-73 of the City Code. Covered employee means anyone employed by the city working more than 35 hours per week or any service contractor employee, working full or part-time, with or without benefits, that is involved in providing services under the service contractor's contract with the city. Covered employer means the city and any and all service contractors and subcontractors of a service contractor. Living wage means a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted once annually by an amount equivalent to the cost of living adjustment for Miami -Dade County as published by the United States Department of Labor, Bureau of Labor Statistics. Language so stating will be included in all request for proposals, or other competitive solicitation documents, issued by the city for the procurement of services (unless the living wage provisions are excluded as provided in section 18-557 herein). New service contracts means those having contracts competitively solicited and awarded on or after January 1, 2017. Service contract means a contract to provide services to the city excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and section 18-87 of the City Code and/or the other exclusions provided by section 18-557 of the City Code. Page 1 (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-557. - Living wage. (a) Living wage paid. (1) New service contractors. All new service contracts shall pay to all its employees who provide covered services a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour with health benefits as defined in this section unless otherwise excluded pursuant to this article. (2) Existing service contracts. Service contracts awarded and effective or competitively solicited prior to January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall continue to be governed by the terms and conditions of the respective solicitation and resulting contractual documents, when applicable. (3) The living wage provisions shall apply to all contracts covered by this section unless specifically excluded by one or more subsections below: a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements, or by a contract the city is accessing by "piggybacking", and which contract does not include a living wage provision; b. Funding sources for the contract disallow the living wage provision or provide contradictory funding requirements, or are contained in a contract awarded or solicited prior to the effective date of January 1, 2017, and which contract includes renewals or extensions; c. Professional service contracts awarded under the "Consultants Competitive Negotiation Act", F.S. § 287.055, for the professional services within the scope of the practice of architecture, professional engineering, landscape architecture, registered surveying, and/or mapping; d. The living wage provision is waived by the city commission by resolution, prior to issuance of the competitive solicitation document, upon written recommendation of the city manager or authorized designee, when the city commission finds it is in the best interest(s) of the city to approve such waiver, in which case the living wage provision shall not apply in the competitive solicitation document; or e. All responsible wage construction contracts covered by section 18-120 of this Code. (4) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase - in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the 2014-2015 fiscal year. The city manager, in his sole discretion, without further city commission approval, shall have the option to consider whether it is in the city's best interest to complete the phase -in payment of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city shall be subject to negotiations within the collective bargaining structure. (b) Health benefits; eligibility period. For a covered employer to comply with this article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least $1.81 per hour toward the provision of health benefits for covered employees and their dependents and shall be approved by the city. If the health benefit plan of the covered employer requires an initial period of employment for a new employee to be eligible for health benefits (the "eligibility period"), a covered employer may qualify to pay the $13.19 per hour wage scale for a term not to exceed the new employee's eligibility period, provided the new employee will be paid health benefits upon completion of the eligibility period, which period shall not exceed 90 days. (c) Certification required before payment. Any and all service contracts subject to this article shall be void, and no funds may be released, unless prior to entering any such contract with the city, the service contractor certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: Page 2 (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and (5) A commitment to pay all covered employees the living wage. (d) Observation of other laws. Every covered employee shall be paid without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The service contractor shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article, at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors subject to this article, shall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor subject to this article, prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a living wage. If you do not believe you are being paid at the living wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. (f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor subject to this article, to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09; Ord. No. 13405, § 2, 9-26-13; Ord. No. 13648, § 2, 11-17-16) Sec. 18-558. - Implementation. (a) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as described in this article, shall maintain payroll record for all covered employees and basic records relating thereto and shall preserve them for a period of three years from the date of termination or expiration of the service contract. The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof; (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data or information the city shall require from time to time. (b) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as described in this article, shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any period covered by the service contract. The city may examine payroll records as needed to ensure compliance. Page 3 (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09) Sec. 18-559. - Compliance and enforcement. (a) Service contractor to cooperate. The service contractor shall permit city employees, agents, or representatives to observe work being performed at, in or on the project or matter for which the service contractor has a contract. The city representatives may examine the books and records of the service contractor relating to the employment and payroll of covered employees and may survey covered employees to determine if the service contractor is in compliance with the provisions of this article. (b) Complaint procedures and sanctions. An employee who believes that he/she is a covered employee of a service contractor and that the service contractor is or was not complying with the requirements of this article has a right to file a complaint with the procurement director of the city. Such complaints may be made at any time and shall be investigated within a reasonable period of time by the city. Written and oral statements by any such employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent allowed by the Florida Statutes. (c) Private right of action against service contractor. Any covered employee or former covered employee of a service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in addition to such procedure, bring an action by filing suit against the service contractor in any court of competent jurisdiction to enforce the provisions of this article and may be awarded back pay, benefits, attorney's fees, and costs. The applicable statute of limitations for such a claim will be two years as provided in F.S. § 95.11(4)(c) as may be amended from time to time for an action for payment of wages. The court may also impose sanctions on the service contractor, including those persons or entities aiding or abetting the service contractor, to include wage restitution to the affected covered employee and damages payable to the covered employee in the sum of up to $500.00 for each week the service contractor is found to have violated this article. (d) Sanctions against service contractors. For violations of this article, the city shall sanction a service contractor by requiring the service contractor to pay wage restitution at its expense for each affected employee. The city may also sanction the service contractor in at least one of the following additional ways: (1) The city may impose damages in the sum of $500.00 for each week for each covered employee found to have not been paid in accordance with this article; (2) The city may suspend or terminate payment under the service contract or terminate the contract with the service contractor; and The city may declare the service contractor ineligible for future service contracts for three years or until all penalties and restitution have been paid in full, whichever is longer. In addition, any employer shall be ineligible for a service contract where principal officers of such employer were principal officers of a service contractor who has been declared ineligible under this article. (4) If the contract has been awarded under the city procurement ordinance, the city may debar or suspend the contractor as provided therein. (e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. (f) Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or parties aiding and abetting in any violation of this article. Retaliation and discrimination barred. A service contractor shall not discharge, reduce the compensation, or otherwise discriminate against any covered employee for making a complaint to the city, or otherwise asserting his or her rights under this article, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this article. Allegations of retaliation or discrimination, if found true in a city administrative proceeding or by a court of competent jurisdiction, shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief as deemed appropriate. (h) Remedies herein non-exclusive. No remedy set forth in this article is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this article or in a court of law. This article shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (3) (g) Page 4 (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-560. - Employers receiving direct tax abatement or subsidy. The city reserves the right to impose the living wage requirements of this article on or after January 1, 2017 on any employer as a condition of that employer receiving a direct tax abatement or subsidy from the city. (Ord. No. 13648, § 2, 11-17-16) Secs. 18-561-18-599. - Reserved. Page 5 Olivera, Rosemary From: Gandarilla, Aimee Sent: Tuesday, December 24, 2024 10:33 AM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Roberts, Frankeetha Subject: Supplemental Agreement FieldTurf USA Inc. (Gibson Park) (Matter 24-3331) Attachments: Supplemental Agreement FieldTurf USA Inc. (Gibson Park) (Matter 24-3331).pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that will be considered an original agreement for your records. Thank you, Aimee) candcailiai Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6thfloor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E agandarilla@miami.gov "Serving, Enhancing, and Transforming our Community" i