HomeMy WebLinkAboutAgenda_GGAF_10.24.2018Notice of Meeting for the
General Gov ernment and Finance Adv isory Board
of the City of Georgetown
October 24, 2018 at 4:30 PM
at Library: Friends Room 218 located at 402 West 8th Georgetown, Tx
The City o f G eo rgeto wn is committed to comp lianc e with the Americans with Dis abilities Ac t (ADA). If yo u
req uire as s is tanc e in participating at a p ublic meeting d ue to a disability, as d efined und er the ADA, reas onab le
as s is tance, ad ap tatio ns , or acc o mmo d ations will b e provid ed up o n req uest. P leas e c o ntact the City Sec retary's
Office, at leas t three (3) days prior to the sc hed uled meeting d ate, at (512) 930-3652 o r City Hall at 113 Eas t 8th
Street fo r add itional info rmation; TTY us ers ro ute through Relay Texas at 711.
Legislativ e Regular Agenda
A Review draft minutes fro m the Oct 3, 2018 General Go vernment and Financ e Advis o ry Bo ard meeting-
Amy Janec ka
B Co nsideration and possible actio n fo r the approval to purchas e vehic les and eq uipment in the amount o f
$2,372,945. Stan Hohman, F leet Services Manager
C Co nsideration and possible actio n to approve an agreement for the sale of retired Cisc o brand ed
telep hones to Curvature LLC -Chris Bryc e, IT Directo r; James Davis , IT Op erations Manager
D Co nsideration and possible actio n to approve an Interloc al Agreement to p urc has e IT sec urity s ervic es
through the Texas Department of Information R es o urc es (DIR). Chris Bryc e, IT Direc tor
E Co nsideration and possible actio n to approve an award of a Blanket Agreement with Gulf Coast Pap er
Co mp any to p ro vide cus todial s upplies and equip ment through the BuyBoard Contrac t #569-18 in an
amount not to exceed $110,000, and to ratify $95,345 of p revious exp end itures for s imilar purchas es fro m
Gulf Co as t P ap er Co mp any purs uant to the BuyBo ard c o ntract #490-15 - Ros emary Led es ma,
Purc hasing Manager.
CERTIFICATE OF POSTING
I, Shelley No wling, C ity S ecretary fo r the C ity of Geo rgeto wn, Texas , d o hereby c ertify that this Notice of
Meeting was p o s ted at City Hall, 113 E. 8th Street, a p lace read ily acc es s ible to the general p ublic at all times ,
on the ______ d ay o f __________________, 2018, at __________, and remained so p o s ted fo r at leas t 72
c o ntinuo us ho urs p receding the sc heduled time o f s aid meeting.
____________________________________
S helley No wling, City Sec retary
Page 1 of 80
City of Georgetown, Texas
Government and Finance Advisory Board
October 24, 2018
SUBJECT:
Review d raft minutes from the Oc t 3, 2018 General Government and Financ e Ad vis ory Board meeting-
Amy Janec ka
ITEM SUMMARY:
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Amy Janec ka, Bo ard Liais o n
ATTACHMENTS:
Description Type
DRAFT meeting minutes , Oct 3 2018 Backup Material
Page 2 of 80
Minutes of Meeting of the
GENERAL GOVERNMENT AND FINANCE ADVISORY BOARD (GGAF)
City of Georgetown, Texas
October 3, 2018
The General Government and Finance Advisory Board met on Wednesday, Oct 3, 2018 at 4:30 PM in
Friends Room 218 of the Library, located at 402 West 8th Street, Georgetown, Texas.
The City of Georgetown is committed to compliance with the Americans with Disabilities Act
(ADA). If you require assistance in participating at a public meeting due to a disability, as defined
under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon
request. Please contact the City Secretary’s Office, at least three (3) days prior to the scheduled meeting
date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information; TTY users route
through Relay Texas at 711.
Board Members Present: City Staff Present:
Tommy Gonzalez, Chair
Kevin Pitts
David Morgan, City Manager
Laurie Brewer, Assistant City Manager
Chere’ Heintzmann, Secretary
Stu McLennan
Leigh Wallace, Finance Director
Elaine Wilson, Controller
Chris Bryce, IT Director
Greg Berglund, Assistant IT Director
James Davis, IT Operations Coordinator
Tadd Phillips, HR Director
Laura Maloy, Assistant HR Director
Skye Masson, Assistant City Attorney
Joan Kiefer, Business System Analyst
Rosemary Ledesma, Purchasing Manager
Danella Elliott, Executive Assistant
Amy Janecka, Finance Admin
Others present:
Mike Riffel, representative from Plante Moran
Phone conferencing in for item E:
Jack Kristan, representative from Plante Moran
Bryan O’Neil, representative from Plante Moran
Legislative Regular Agenda
A Call to Order
Tommy Gonzalez, Chair called the meeting to order at 4:30 p.m.
B Review minutes from the August 29, 2018 General Government and Finance Advisory Board
Meeting - Amy Janecka, Board Liaison
The Board did not have any comments regarding the minutes from the August 29, 2018 General
Government and Finance Advisory Board meeting.
Motion to approve the minutes by Kevin Pitts, second by Chere’ Heintzmann. Approved 4-0
Page 3 of 80
C Discussion and possible recommendation to approve agreements with Workday and Sierra Cedar
for the acquisition, implementation, licensing, training, customer success and delivery assurance
of an Enterprise Resource Planning system in the amount of $6,101,317 -Leigh Wallace, Finance
Director
Leigh Wallace, Chris Bryce, and Tadd Phillips gave a recap presentation on the process that has taken
place to vet and select a vendor, the results of contract negotiations, and the next steps that need to be
taken for implementation. It was also noted that the IT fund had some one time savings from FY2018
specifically for this project that were not used. With Council approval, Leigh plans to move the one
time savings to the FY2019 capital projects line to have it available for project contingency.
Positive feedback was given from Tommy Gonzalez on the work that has been done in preparing to
move to an ERP system and he is very comfortable moving forward. Tommy stated it would be nice to
see the resume of the ERP Project Manager who was selected and he recommended including it in
presentations going forward. Tommy also brought up the point that people may use both the old and
new system in the beginning due to lack of trust for the new system and suggested incentives for fully
transitioning to the new ERP system.
Stu McLennan also had positive feedback on the process used to prepare for this change and the future
plans for implementation, particularly the plans to hire an ERP Project Manager. He asked about other
groups being included in the system such as Municipal Court and PD. Laurie Brewer clarified that
Municipal Court is not in need of moving to a new system and Chris Bryce clarified that PD is included.
Stu also asked about the ERP staff working remotely to reduce travel costs. Chris verified that they will
be working remotely when they are able to.
Other questions from the board included backwards data capability for all the old data and asset
management. Leigh informed the group of the plan to move all data that is needed and store everything
else that does not need to be in Workday in order to reduce the costs. Currently, the city has a separate
vendor for asset management and that system will integrate with the ERP system general ledger.
Chere’ had minimal comments on 2 areas of the contract wording and will get with the Assistant City
Attorney on the specific wording she has comments on. It was agreed that since the edits would be very
minor, the motion would not be contingent upon the edits. Any edits resulting from Chere’s comments
that are approved by legal will be considered acceptable. Motion to approve these agreements with
Workday and Sierra Cedar was made by Tommy Gonzalez, with flexibility for minor changes from the
legal department as long as they are approved by staff. Second by Kevin Pitts. Approved 4-0.
D Consideration Discussion and possible recommendation to approve hiring an ERP Project
Manager utilizing the Texas Department of Information Resources (DIR) Information
Technology Staff Augmentation Contract (ITSAC) with GTS Technology Solutions in the
amount of $390,000 - Leigh Wallace, Finance Director
This item was discussed in conjunction with item C above. No further questions or comments were
made. Kevin Pitts motioned to approve, second by Stu McLennan. Approved 4-0.
E Review and discussion of the citywide risk assessment report – Laurie Brewer, Assistant City
Manager
Jack Kristan and Bryan O’Neil conferenced into the meeting via phone. Laurie Brewer gave a
presentation on why the City conducted a risk assessment, the methodology and the results. Tommy
Gonzalez asked about the number of credit cards that are issued and the need for an audit to possibly
reduce that number. David Morgan let everyone know that this has been an ongoing process. Questions
were also asked about petty cash use, which Laurie Brewer verified is still needed on a small scale.
Tommy suggested checking in on our goals at least semiannually to ensure we are not falling behind
on goals. Laurie let everyone know that this report will be incorporated into the annual budget process.
Page 4 of 80
Tommy Gonzales suggested to add it to the unfunded liabilities list as well since they are similar in
nature.
Motion to adjourn by Stu McLennan at 6:00pm, second by Chere’ Heintzmann, approved 4-0.
__________________________________ ____________
Tommy Gonzalez Date
Board Chair
__________________________________ ____________
Chere’ Heintzman Date
Board Secretary
__________________________________ ____________
Amy Janecka Date
Board Liaison
Page 5 of 80
City of Georgetown, Texas
Government and Finance Advisory Board
October 24, 2018
SUBJECT:
Cons id eration and p o s s ib le ac tion for the ap p ro val to p urc hase vehicles and equip ment in the amo unt o f
$2,372,945. S tan Ho hman, Fleet S ervic es Manager
ITEM SUMMARY:
These vehicles will be p urc hased thro ugh a p ublic bid and cooperative p urc has ing agreements . They have
b een inc luded in the 2018/19 Annual Budget as b eing either rep lacement o f exis ting vehic les within the Fleet
o r as new add itions .
The vehicles and equip ment to be p urc hased in this item inc lude:
12 P ickups, two of which have gaseous engine p rep pac kages for the ability to c o nvert to p ro p ane.
1 Animal Contro l P ickup
1 Hyb rid sedan
2 Utility bed truc ks
1 Dump bed truc k
3 Und ercover Polic e Utility Vehicles
7 Marked Polic e Utility Vehic le
1 Und ercover Polic e P ickup
1 Elec tric Department Bucket Truck
1 Truck Mounted Sewer Cleaner
1 Wo o d /Brus h C hipper
1 Water Valve Exercis er
1 Trac tor and Bat Wing Mower
1 Street Sweeper
1 Street Crac k S ealing Mac hine
1 Mechanic al Sweep er
1 As p halt Roller
Out of the 37 units reques ting p urc hase ap proval, 24 of thes e are rep lacements and 13 are new ad d itions .
FINANCIAL IMPACT:
These vehicles were approved and bud geted fo r in the 2018/19 Fleet Bud get.
Fund Imp acts :
Fleet Rep lacement IS F $682,566.94
Pub lic Safety $648,934.05
General Fund $32,619.47
Joint Services $26,539.00
Sto rm Water $328,233.94
Street Maintenanc e $413,154.97
Water $215,201.18
Informatio n Tec hnology $25,695.00
Page 6 of 80
SUBMITTED BY:
Stan Hohman, Fleet S ervic es Manager
ATTACHMENTS:
Description Type
Tabulation Sheet Backup Material
Summary Backup Material
Page 7 of 80
201845 2019 City Vehicles
Fleet
12-Oct-18
ITEM#Silsbee Ford Ext. Cost Red McCombs Ext. Cost
V
e
n
d
o
r
C
BlueBonnet
Ford Ext. Cost
1 1/2 ton 4x4 Ext cab short bed $26,539.00 $53,078.00 $29,546.00 $59,092.00 $30,099.00 $60,198.00
W/tool box (2 each)
2 1/2 ton ext cab short bed $24,374.00 $48,748.00 $26,738.00 $53,476.00 $27,839.00 $55,678.00
w/tool box (2 each)
3 1/2 ton ext cab short bed $23,805.00 $47,610.00 $26,063.00 $52,126.00 $26,989.00 $53,978.00
(2 each)
4 1/2 ton ext cab short bed $26,343.00 $26,343.00 $27,027.00 $27,027.00 $29,964.00 $29,964.00
w/gaseous prep and tool box
5 1/2 tone reg cab long bed $25,576.00 $25,576.00 $25,233.00 $25,233.00 $28,681.00 $28,681.00
W/gaseous prep and tool box
Total:Silsbee:$201,355.00 Red Mcombs:$216,954.00 Bluebonnet:$228,499.00
FOR REFERENCE ONLY - This document summarizes responses received and information noted after a brief
examination and is not intended to replace a complete detailed evaluation of each response
Bid Invitation/RFP/RFQ No.:
Division:
Bid Opening/Due Date:
Page 8 of 80
10/19/2018 2019 Vehicle/Equipment Purchase
Vendor Description Unit Replacing Department Purchasing Contract Budgeted Price Fund Account line Disposition
Silsbee 112-05 Water Services Public Bid $28,500.00 $26,539.00 Fleet ISF 520-5-0351-52-700 Auction
$1,500
Silsbee Additional Engineering Public Bid $28,000.00 $26,539.00 Joint Services 520-5-0351-52-714 New Addition
Silsbee Additional Water Services Public Bid $25,000.00 $24,374.00 Water 520-5-0351-52-717 New Addition
Silsbee Additional Water Services Public Bid $25,000.00 $24,374.00 Water 520-5-0351-52-717 New Addition
Silsbee 115-52 Metering Services Public Bid $26,500.00 $23,805.00 Fleet ISF 520-5-0351-52-700 Totaled
Silsbee 115-54 Metering Services Public Bid $26,500.00 $23,805.00 Fleet ISF 520-5-0351-52-700 Auction
$2,000
Silsbee Additional Water Services Public Bid $25,000.00 $26,343.00 Water 520-5-0351-52-717 New Addition
Silsbee 110-02 Water Services Public Bid $25,000.00 $25,576.00 Fleet ISF 520-5-0351-52-700 Auction
$2,000
Silsbee 106-32 Electric Services HGAC VE-11 $55,000.00 $51,644.60 Fleet ISF 520-5-0351-52-700 Auction
$2,500
Silsbee Additional Animal Services HGAC VE-11 $40,500.00 $32,619.47 General 520-5-0351-52-713 New Addition
Silsbee Additional Water Services HGAC VE-11 $65,000.00 $61,235.18 Water 520-5-0351-52-717 New Addition
Silsbee Additional IT BuyBoard 521-16 $26,500.00 $25,695.00 IT 520-5-0351-52-718 New Addition
Caldwell Country 550-33 Fire Tarrant County 2018-22 $45,000.00 $42,844.78 Fleet ISF 520-5-0351-52-700 Totaled
Caldwell Country 550-40 Fire Tarrant County 2018-22 $45,000.00 $42,844.78 Fleet ISF 520-5-0351-52-700 Auction
$1,200
Caldwell Country 550-41 Fire Tarrant County 2018-22 $45,000.00 $42,844.78 Fleet ISF 520-5-0351-52-700 Auction
$1,200
Caldwell Country Additional Fire Tarrant County 2018-22 $25,500.00 $31,917.00 Bond 520-5-0351-52-705 New Addition
Half ton, 4 door cab, short bed pickup
Half ton, 4 door cab, short bed pickup
Half ton, 4 door cab, short bed pickup
Half ton, 4 door cab, short bed pickup
Half ton, ext. cab, short bed pickup w/gaseous engine prep
package
Half ton, regular cab, long bed pickup w/gaseous engine
prep package
One ton diesel, ext cab, utility bed, single rear wheels truck
w/cab window guard
Three quarter ton, gas pickup w/animal control bed
One ton diesel, single rear wheel truck w/cab window guard
and crane
Ford Fusion Hybrid sedan
Half ton, ext. cab, short bed pickup 4WD
Half ton, ext. cab, short bed pickup 4WD
Half ton, ext. cab, short bed pickup w/tool box
Half ton, ext. cab, short bed pickup w/tool box
Half ton, ext. cab, short bed pickup
Half ton, ext. cab, short bed pickup
Page 9 of 80
Vendor Description Unit Replacing Department Purchasing Contract Budgeted Price Fund Account line Disposition
Caldwell Country Police Interceptor utility marked vehicles Additional Police BuyBoard 521-16 $57,500.00 $63,546.74 Bond 520-5-0351-52-705 Additional
(7) units 864-10 Police BuyBoard 521-16 $57,500.00 $63,546.74 Bond 520-5-0351-52-705 Auction/Pool
864-17 Police BuyBoard 521-16 $57,500.00 $63,546.74 Bond 520-5-0351-52-705 Auction/Pool
864-19 Police BuyBoard 521-16 $57,500.00 $63,546.74 Bond 520-5-0351-52-705 Auction/Pool
864-30 Police BuyBoard 521-16 $57,500.00 $63,546.74 Bond 520-5-0351-52-705 Auction/Pool
864-66 Police BuyBoard 521-16 $57,500.00 $63,546.74 Bond 520-5-0351-52-705 Auction/Pool
864-67 Police BuyBoard 521-16 $57,500.00 $63,546.74 Bond 520-5-0351-52-705 Auction/Pool
$1,500
Caldwell Country Police Interceptor utility undercover vehicles 864-113 Police BuyBoard 521-16 $39,000.00 $44,081.29 Bond 520-5-0351-52-705 Auction/Pool
(3) units 864-114 Police BuyBoard 521-16 $39,000.00 $44,081.29 Bond 520-5-0351-52-705 Auction/Pool
864-129 Police BuyBoard 521-16 $39,000.00 $44,081.29 Bond 520-5-0351-52-705 Auction/Pool
$2,000
Caldwell Country Police unmarked half ton pickup 864-128 Police Tarrant County 2018-22 $39,000.00 $39,946.00 Bond 520-5-0351-52-705 Auction/Pool
$2,000
Altec AN55E-OC Bucket Truck 106-37 Electric Sourcewell 012418-ALT $181,000.00 $181,765.00 Fleet ISF 520-5-0351-52-700 Auction
$7,500
Rush/CLS Isuzu/John Bean Sewer Cleaner 110-15 Water Services HGAC-521-16 $200,000.00 $154,698.00 Fleet ISF 520-5-0351-52-700 Auction
$10,000
Vermeer Vermeer BC1800XL Wood Chipper 114-22 Streets BuyBoard 515-16 $67,000.00 $66,200.00 Fleet ISF 520-5-0351-52-700 Auction/Pool
$5,000
Vermeer Vactron LP573 Valve Exerciser/hydroexcavator Additional Water Services BuyBoard 515-16 $78,000.00 $78,875.00 Water 520-5-0351-52-717 New Addition
Unted Ag & Turf John Deere 5100 tractor andCX-15 bat wing mower Additional Storm Water BuyBoard 529-17 $76,000.00 $71,972.44 Storm Water 520-5-0351-52-715 New Addition
Tymco International 4300/Tymco 600 Street Sweeper 114-05 Storm Water BuyBoard 515-16 $280,000.00 $256,261.50 Storm Water 520-5-0351-52-715 Auction
$8,000
Crafco Crafco SS125DC street crack sealing machine 134-50 Streets BuyBoard 515-16 $75,000.00 $69,296.52 Street Maint.520-5-0351-52-716 Auction
$2,000
Cooper Equipment Broce RCT-350 Rear engine mechanical sweeper 134-35 Streets BuyBoard 515-16 $75,000.00 $60,478.45 Street Maint.520-5-0351-52-716 Auction
$1,500
Holt Cat CB10 - 10 ton asphalt roller Additional Streets BuyBoard 515-16 $152,000.00 $149,315.00 Street Maint.520-5-0351-52-716 New Addition
Freightliner of Austin Freightliner 114SD with OX 15' dump body Additional Streets BuyBoard 521-16 $137,000.00 $134,065.00 Street Maint.520-5-0351-52-716 New Addition
Account Totals Budgeted Budgeted Cost Difference
Fleet ISF 520-5-0351-52-700 $944,897.00 Fleet ISF $744,500.00 $682,566.94 $61,933.06
Public Safety 520-5-0351-52-705 $1,609,000.00 Public Safety $584,000.00 $648,934.05 -$64,934.05
Electric 520-5-0351-52-712 $391,500.00 General Fund $40,500.00 $32,619.47 $7,880.53
General Fund 520-5-0351-52-713 $40,500.00 Joint Services $28,000.00 $26,539.00 $1,461.00
Joint Services 520-5-0351-52-714 $56,000.00 Storm Water $356,000.00 $328,233.94 $27,766.06
Storm Water 520-5-0351-52-715 $356,000.00 Street Maint.$439,000.00 $413,154.97 $25,845.03
Street Maint.520-5-0351-52-716 $463,800.00 Water $218,000.00 $215,201.18 $2,798.82
Water 520-5-0351-52-717 $233,000.00 IT $26,500.00 $25,695.00 $805.00
IT 520-5-0351-52-718 $26,500.00 Totals $2,436,500.00 $2,372,944.55 $63,555.45
$4,121,197.00
ON THIS SHEET
Page 10 of 80
City of Georgetown, Texas
Government and Finance Advisory Board
October 24, 2018
SUBJECT:
Cons id eration and p o s s ib le ac tion to approve an agreement fo r the s ale of retired C is co b randed
telepho nes to C urvature LLC -Chris Bryc e, IT Direc tor; James Davis, IT Operatio ns Manager
ITEM SUMMARY:
This item is to req ues t approval of an agreement for the sale o f retired Cis c o brand ed telep hones to
Curvature LLC . It would allow the City to s ell a c urrent lo t o f 194 Cis co Vo IP pho nes that have been
retired fro m us e. C urvature LLC wo uld p ay the City $4,195.00 either as a c redit with Curvature or in the
fo rm of a c hec k to the City.
This is for approval to s ell the c urrent b atc h of p hones only. Any future equipment s ales wo uld b e brought
b efo re GGAF and C ity Co uncil fo r approvals .
IT staff c o ntac ted multip le c o mp anies fo r the s ale o f the p hones and Curvature p ro vided the best value:
Company Trade-in Amount Offered
Op tus Inc dec lined to bid
CXTec $1,030
SHI dec lined to bid
NetEquity dec lined to bid
Curvature $4,195
Cisc o will take bac k, but no cred it
o ffered
The City’s Legal d ep artment has reviewed and ap p ro ved the attac hed As s et R ec overy Agreement.
Purchas ing has reviewed the informal b id pro c es s and ap p ro ved the award to Curvature LLC.
FINANCIAL IMPACT:
A c red it o f $4,195 will be ap p lied to GL# 570-5-0641-51-151; or, the same amount will be credited to ward
the purchas e o f new Cis c o pho nes fro m Curvature LLC.
SUBMITTED BY:
Chris Bryce, IT Directo r; James Davis , IT O p erations Manager
ATTACHMENTS:
Description Type
COG As s et Recovery Agreement Backup Material
Page 11 of 80
1
RevD 01.04.2018
ASSET RECOVERY AGREEMENT
This Asset Recovery Agreement (this “Agreement”) is made this 8th day of October, 2018 by and between The City
of Georgetown, Texas, a home rule municipal corporation, with an address at PO Box 409, Georgetown TX 78627
(the “Seller”), and Curvature LLC, with an address at 6500 Hollister Avenue, Santa Barbara, California 93117
(“Curvature”).
WHEREAS, Curvature desires to purchase from Seller, and Seller desires to sell to Curvature the Equipment (as
defined below) upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual representations, warranties,
covenants and obligations contained herein, and for other good and valuable consi deration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Sale of Equipment. Seller hereby agrees to sell to Curvature, and Curvature hereby agrees to purchase
from Seller, all right, title and interest, in and to, the equipment identified on Exhibit A (the “Equipment”). If Seller
sends additional equipment beyond that identified on Exhibit A, and if Curvature agrees in writing to purchase that
equipment as well, then such equipment shall also be considered “Equipment” for purposes of this Agreement.
2. Purchase Price. The itemized pricing for the Equipment is set forth on Exhibit A and may include different
options depending upon whether the purchase price is to be paid in cash or in the form of a credit applicable to
future purchases by Seller of goods and services sold by Curvature. Seller shall submit an invoice for the total
purchase price for the Equipment that is accepted by Curvature per Section 6. The invoice shall specify the type of
equipment, part numbers, serial numbers and purchase price for each individual item. If payment is to be made in
cash, Curvature shall pay the total purchase price to Seller within thirty (30) days of receipt of a proper invoice for
the Equipment accepted by Curvature. If payment is to be made as a credit, Curvature shall promptly issue a credit
to Seller upon receipt of a proper invoice for the Equipment accepted by Curvature.
3. Taxes. Any applicable state, federal, or local taxes imposed on the sale of Equipment (exc ept for any such
taxes based on Seller’s income) shall be added to the purchase price and paid by Curvature. Notwithstanding the
foregoing, Curvature is a reseller of equipment and has a valid resale certificate (a copy of which will be provided
upon request) and thus sales tax should not be collected by Seller.
4. Packing of Equipment. Curvature shall send a team to Seller’s facility to pack the Equipment for shipment.
Curvature shall provide all materials necessary for such packing. Seller shall ensure that all of the Equipment is
grouped together and easily accessible and ready to be packed on a date to be mutually agreed upon by the parties.
Curvature’s team shall comply with any applicable rules and polices made known by Seller while at Seller’s facility.
The fee for the packing services is set forth on Exhibit A and will be deducted from the purchase price.
5. Delivery; Title and Risk of Loss. Curvature will be responsible for shipping t he Equipment from Seller’s
facility to Curvature’s facility. Curvature shall be responsible for all freight, shipping and handling costs for shipment
of the Equipment. Title and risk of loss to the Equipment shall pass from Seller to Curvature when the Equipment
is collected by Curvature from Seller’s facility.
6. Inspection. Curvature shall have a period of thirty (30) days following receipt of the Equipment at
Curvature’s facility in which to test the Equipment to determine if it is in good working condition and free from
damage. Curvature will not be required to purchase any Equipment that is not in good working condition or free
from damage, and, at Seller’s option, Curvature will either (a) return such Equipment to Seller, at Seller’s cost and
expense, or (b) properly destroy or recyc le such Equipment and provide Seller with a certificate of destruction
evidencing the same.
7. Representations and Warranties.
(a) Seller’s Representations and Warranties. Seller represents and warrants that (i) it has all right, title
and interest in and to the Equipment, free and clear of all liens, claims and encumbrances, and will convey the
same to Curvature; (ii) it acquired the Equipment legally; (iii) the Equipment is genuine product of the applicable
Page 12 of 80
2
RevD 01.04.2018
manufacturer and is not counterfeit; (iv) the Equipment is properly available for import into and sale within the
country identified in the Ship To address on the Purchase Order; and (v) it has made no misrepresentations to any
manufacturer, partner or other third party in connection with its acquisition of the Equipment .
(b) Curvature’s Representations and Warranties. Curvature represents and warrants that the packing
services will be performed in a professional manner consistent with industry standards.
(c) Mutual Representations and Warranties. Each party represents and warrants to the other party
that (i) it has the full authority and power to enter into the Agreement, (ii) the execution and performance by it of this
Agreement will not violate any of its obligations to any third parties or any applicable laws, and (iii) when executed,
the Agreement will be binding on it.
8. Indemnity. Curvature will indemnify, defend and hold Seller harmless from and against any and all losses,
claims, demands, costs, damages, expenses (including attorneys’ fees) and causes of action, arising out of
Curvature’s breach of any of its obligations, representations or warranties under this Agr eement. To the extent
permitted by Texas law, Seller will indemnify, defend and hold Curvature harmless from and against any and all
losses, claims, demands, costs, damages, expenses (including attorneys’ fees) and causes of action, arising out of
Seller’s breach of any of its obligations, representations or warranties under this Agreement
9. Limitation of Liability. NEITHER PARTY MAKES ANY RESPRESENTATIONS OR WARRANTIES EXCEPT
AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS AGREEMENT. EXCEPT WITH RESPECT TO ITS
INDEMNIFICATION OBLIGATIONS FOR THIRD PARTY CLAIMS UNDER SECTION 8, IN NO EVENT SHALL
EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT AND/OR THE SUBJECT MATTER OF THIS AGREEMENT.
10. Customs-Trade Partnership Against Terrorism (C-TPAT). Seller recognizes that Curvature is a certified
member of the Customs-Trade Partnership Against Terrorism (“C-TPAT”) program of the U.S. Bureau of Customs
and Border Protection. Curvature is required to ensure that its suppliers comply with certain C-TPAT security
requirements. Accordingly, Seller will comply with any shipping and packaging instructions given by Curvature in
connection with its C-TPAT compliance program. Seller understands that it may be required to complete and sign
a Foreign Supplier Security Questionnaire and/or C -TPAT Business Partner Cover Letter and Acknowledgment
Form prior to doing business with Curvature.
11. Governing Law; Jurisdiction and Venue. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California, exclusive of any conflicts of law provisions. Any litigation based
on, or arising out of, under, or in connection with this Agreement, shall be brought and maintained exclusively in the
courts of the State of California or in the United States District Court for the Central District of California.
12. Force Majeure. If any party fails to perform its obligations because of strikes, lockouts, labor disputes,
embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, enemy
or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable
control of the party obligated to perform, then that party’s performance shall be excused; provided, however, that if
such a force majeure event prevents Seller from delivering the Equipment to Curvature within thirty (30) days of the
date of this Agreement, Curvature shall be permitted to terminate the Agreement and will not be required to
purchase the Equipment.
13. Attorneys’ Fees. If either party prevails in any action, suit, arbitrat ion or proceeding arising from or based
upon this Agreement, such prevailing party shall be entitled to recover its attorneys’ fees from the other party.
14. Miscellaneous. Except as may be set forth in a written agreement signed between Curvature and Seller,
this Agreement constitutes the final, complete, and exclusive statement of the terms of the purchase and sale of
the Equipment between the parties and supersedes all prior and contemporaneous understandings or agreements
of the parties. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, for any
reason, the invalidity, illegality or unenforceability of that provision will not affect any other provisions in this
Agreement, but the invalid provision will be substituted with a valid provision which most closely approximates the
Page 13 of 80
3
RevD 01.04.2018
intent and the economic effect of the invalid provision and which would be enforceable to the maximum extent
permitted in the jurisdiction. This Agreement may be executed in any number of counterparts, each of which when
so executed shall constitute an original copy hereof, but all of which together shall constitute one agreement. The
parties hereto agree that the delivery of this Agreement by facsimile or e-mailed .pdf files of scanned copies bearing
their respective signatures shall be sufficient and binding upon them as if such document were delivered with
original signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Asset Recovery Agreement as of the date set forth
above.
Curvature LLC
Signature:
Name:
Title:
Seller
Signature:
Name:
Title:
Page 14 of 80
4
RevD 01.04.2018
EXHIBIT A – THE EQUIPMENT
Item QTY Bid Price Ext. Bid
CP-7911G 5 $10 $50
CP-7921G 1 - -
CP-7940G 1 $20 $20
CP-7942G 1 $30 $30
CP-7945G 129 $35 $4,515
CP-7960G 39 - -
CP-7961G 1 $20 $20
CP-7962G 7 $10 $70
CP-7965G 9 $50 $450
VG202 1 $40 $40
Packaging -$1,000
Total $4,195
Page 15 of 80
City of Georgetown, Texas
Government and Finance Advisory Board
October 24, 2018
SUBJECT:
Cons id eration and p o s s ib le ac tion to approve an Interlo cal Agreement to purc has e IT s ecurity services
thro ugh the Texas Dep artment o f Info rmation Res ources (DIR). Chris Bryc e, IT Directo r
ITEM SUMMARY:
The GGAF b o ard originally c o nsidered this req ues t at its Augus t 29, 2018 meeting. The item was
continued to obtain ad d itional info rmation on s p ec ific ques tions from the Bo ard . T hose q uestio ns and
res p o nses are lis ted at the end of this item.
This req uest is for cons id eration and approval o f an Interloc al agreement to authorize the City to purchas e
IT managed s ervic es thro ugh the Texas Department o f Info rmation Res o urc es (DIR ) S hared Services
p ro gram. DIR offers s everal s ervic es through this program includ ing managed s ec urity s ervic es , Cloud
s o ftware applic atio ns , IT infrastruc ture, and IT o p erations sup p o rt. All s ervic es are provid ed by third
p arties via contrac ts pre-negotiated b y DIR. Thes e c o ntracts , called Shared Services Mas ter Service
Agreements , are b etween DIR and the third p arties . When the City selec ts a p ro vider, the provid er will
s ubmit a p ropos al, s ub ject to the contrac t between DIR and that p ro vider. The C ity will then review and
nego tiate terms in the proposal p ro vided that the terms d o no t conflict with the terms of the Interloc al or
the c o ntract b etween DIR and the p ro vider. The third p arties are referred to as “S ervic e Co mp o nent
Provid ers ”, or SC Ps , in the Interlo cal Agreement.
The Interlo cal agreement only authorizes the City to p artic ip ate in the Shared S ervic es program and lays
o ut terms and c ond itions between the Texas Department of Informatio n Res o urc es (DIR) and the City. It
d o es no t commit the C ity to purchas e servic es . Us ing s p ecific services from the S hared Services catalo g
will req uire additio nal agreements b etween DIR, the City o f Georgetown, and the third p arties that p ro vide
the services.
If we dec id e to p urc has e a service, the p ro ces s to proc ure the service contains s everal s teps:
1. Interloc al Agreement is executed b etween DIR and the City of Geo rgetown (this item).
2. City determines whic h Shared S ervic e it intends to use. We o nly intend to us e managed sec urity s ervic es
at this time.
3. City rec eives and evaluates and Servic e Pac kage P ro p o s al (S PP) and Servic e Management Manual
(SMM) fro m DIR and the third party vend or. T his p ro p o s al may be changed b y the City as lo ng as it d oes
not c o ntrad ict the terms of the DIR contrac t.
4. The propos al between the City, DIR, and the third party is executed.
5. S ervic es are then proc ured and managed thro ugh DIR’s online p o rtal.
At this time, the C ity is p rimarily interes ted in doing a limited pilot of the managed s ec urity s ervic es
p ro vided b y AT&T. Approximately 95 Cities and Counties leverage thes e s hared s ervic es through DIR and
there is general c ons ens us that the s ervic es are s ub s tantially less expens ive. However, the City will c o mp are
costs to ens ure that c o s ts are, in fact, cheaper. T he complexity and time c os ts of p ro curing these s ervic es
thro ugh DIR will als o be evaluated.
The p rimary benefit o f leveraging Shared Servic es is the p o tential fo r c o s t reduc tio n. Due to the likely time
invo lved in reviewing the S PP s and SMMs , us ing DIR will not reduce time c o s ts o f proc urement. The
Shared Servic es o ffer s ome ris k that will need to be weighed agains t the benefit of cost savings when the
Page 16 of 80
agreements with the third parties are reviewed. S o me of this risk will be mitigated by c arefully reviewing the
SP Ps and SMMs and by limiting the cost and term o f the contrac ts.
Examp les of the c os t s avings that may be obtained thro ugh DIR Shared Servic es are inc luded in the tab le
b elo w:
Service DIR Direct Third Party
External vulnerab ility s c an $1,400/yr (unlimited IP
address es )
$9,150/yr (64 IP address limit)
Incident res pons e retainer $0/yr $30,800/yr
The Bo ard had s everal ad d itional ques tions ab o ut this p ro p o s al:
1. Do es the C ity intend to leverage DIR c o ntrac t #DIR-MSS -SCP-001?
Yes. Initially, it is our intent to use the Managed S ecurity S ervic es provid ed b y AT &T. T hese s ervic es
would be p roc ured b y leveraging DIR contrac t DIR-MS S-S CP -001. That c o ntract is b etween DIR and
AT&T and pro vides managed sec urity s ervic es . The c o ntract term end s Aug. 31s t, 2021. In c o ntras t, the
Interlo cal agreement between the City o f Geo rgeto wn and DIR has no terminatio n d ate b ecaus e the
Interlo cal itself does not c o mmit the City to p ro c ure any s ervic es .
2. The Interlo c al agreement refers to a Third P arty in vario us p aragraphs of S ec tio n I-1; “Cond itions for
Provid ing Sec urity;” who is our Third Party?
The City d o es not employ a third party to co ntro l primary netwo rk acc es s . Ac c es s is c o ntro lled by City IT
s taff. In the event we leverage a DIR s ervic e that req uires the service p ro vid er to have p rivileges to a City
web ap p lication or o ur Internet S ervic e Provid er (S uddenlink), City s taff wo uld c oordinate and mo nito r
that acc es s .
3. S ectio n I, 1.5 of the Interloc al agreement refers to s ervice interruptio ns c aus ed b y DIR or o ne o f its
Service Providers . What p ro visions are there fo r no tifying the City o f problems ? Are they req uired to
p ro vide notific ation in writing within 30 d ays ? Are there provis io ns fo r providing the City with a Correc tive
Ac tion Plan (C AP ) and “CAP no tic e”?
The Interlo cal only s tates that parties will notify each other ’s emergenc y co ntac ts . It d o es no t s tate a
timeframe. However, the S MM will dic tate pro c es s es aro und any activities that o cc ur o n the City’s IT
infrastruc ture. Thes e proc es s will be reviewed to ens ure that they provid e any s ufficient notificatio n.
The Shared Servic es contrac t with AT&T provid es for a CAP. DIR states that any CAP wo uld b e
p ro vided to the City. DIR go es on to state that they have multip le proc es s es in p lace fo r esc alation issues
and p ro b lems . Thes e proc es s es are laid out in the individ ual contrac ts, SPPs , and S MMs whic h the City
would review when s ervices are purchas ed
4. S ectio n I, 1.6 in the Interlo cal agreement refers to “Terminatio n o f Servic es .” What ab o ut terminatio n for
caus e? What is the no tific ation period? There is s o me c o nc ern ab o ut the las t s entence - "DIR Cus tomer
und ers tand s that it may not be ab le to terminate s ervic es or receive any refund o f a p re-p ayment after
ap p ro ving the relevant financial s o lutio n." If the City is terminating for caus e - then we sho uld receive the
ap p ro p riate refund. The language as stated does n't ad d res s this.
Ac cording to DIR, the Interlo cal agreement has no terminatio n b ecaus e it d o es no t commit City to us ing
s ervic es .
In regards to terminating any agreements with third p arties fo r c ause, the terms wo uld b e c o ntained in any
s ubsequent agreements with tho s e provid ers . Thes e agreements , b y d efinition, inc o rp o rate the terms of
b o th the Interloc al and the contrac t b etween DIR and the third p arty. There may b e variations in the terms
d ep ending o n ho w the City is p urc hasing s ervic es ; for example, whether or not the City is pre-paying for
s ervic es .
Page 17 of 80
Also acc o rd ing to DIR , DIR has ins tituted multip le proc es s es for d ealing with p ro b lems between the
cus tomer and third p arty. The proc ed ures around es calating issues are contained in the S MMs .
5. S ectio n I, 2.1 of the Interloc al agreement refers to a Sub ject Matter Expert (S ME). Who is o ur SME?
James Davis and o ther members o f the City of Geo rgeto wn’s IT Op erations Team would be o ur SME(s )
fo r these contrac ts .
6. S ectio n I, 2.1(j) of the Interloc al agreement refers to spec ific content o n Texas Cyb ers ecurity
Assessments. It lays o ut what is not includ ed in the Texas Cyb ers ecurity Framewo rk as s es s ment.
However, what does it d o ? Need to understand as s es s ment d eliverables.
Ac cording to DIR, the Texas Cybersec urity As s es s ment inc ludes a kick-off meeting, and ons ite interviews
to gather information on forty (40) different s ec urity control o b jectives within the Texas Cyb ers ecurity
Framewo rk. The C ity will rec eive a final rep o rt that s hows a b as eline maturity level s coring fo r eac h
o b jective. The rep o rt will als o includ e rec o mmend ations to help the City addres s gaps alo ng with a
s uggested road map to help implement tho s e rec ommend ations .
7. S ectio n I, 2.2.3 of the Interloc al agreement c ontains “Notes on Vulnerability S canners”. Who provid es
the vulnerab ility s c ans and what are the c o mponents ?
Ac cording to DIR, the vulnerability s cans will b e c arried out b y AT&T using a tool p latform p ro vided b y
Qualys , Inc . The C ity also has the optio n of us ing the to o l to c o nduct its own s c ans .
Ac cording to Qualys , this tools continuous ly monitors s ystems for malware, virus es , hardware
vulnerabilities , or s us pic io us activity. It lo gs vulnerab ilities, assists with prio ritizing remed iation ac tivities,
and p ro vides alerts to IT s taff.
8. S ectio n II, 2.1 of the Interloc al agreement titled “Effec t o f ILC and General P ro ces s” s tates that “DIR
s hall keep DIR c us tomer generally informed of s uc h amendments…” This is vague and left to
interp retatio n.
Ac cording to DIR, amend ments are p ro vided to c us to mers through its Contrac ts and Financ e S o lutio n
Gro up meeting and no tific ations to Custo mer rep res entatives . Amendments are als o provid ed on the
Shared Servic es p o rtal.
9. S ectio n II, 2.2 of the Interloc al agreement s tates that “termination of a Servic e o r s olution after an
o riginal appro val o r any p re-p ayment may res ult in ad d itional c o s t to the DIR C us to mer and may no t allow
fo r any refund o f payments already made."... What ab o ut terminatio n fo r c aus e?
DIR’s reply s imp ly s tated that it wo uld d epend on what services the City purc has es and how we order
them. This language was p rimarily inc luded in the Interlo cal fo r c usto mers who c hoos e to enter into
p rep aid agreements fo r Clo ud infrastruc ture s ervic es where early terminatio n might res ult in losing s ervic e
credits .
10. Sec tion III, 3.2 titled “DIR Custo mer and SC P Interac tion and Issue Es c alation” refers to p ro cesses
aro und esc alating an is s ue. It notes the es calation proc es s but no timeline to ad d res s / fix issue. What is the
timeline for es c alations / resolutions ?
Ac cording to DIR, the Service Management Manuals that are p art o f our agreement fo r spec ific s ervic es
will contain timelines .
The City als o reviewed DIR p ro cesses fo r es c alating c o ntract problems through DIR. There are timelines
in thes e proc es s es , ho wever, they are unfo rtunately vague.
11. Are servic e level c red it & d eliverable cred its p as s ed down to the DIR C us to mer? S p ecific ally, Service
Level c red its and Deliverable Credits ?
Ac cording to DIR, they wo uld p as s any cred its o n to cus tomer.
Page 18 of 80
12. What are the d etermining fac tors that wo uld d rive terminating s ervic es ?
The contrac t for managed sec urity s ervic es inc ludes s ervic e level agreements as well as s p ecific services to
b e provid ed . If, after taking all reasonab le meas ures to cure a p ro b lem through DIR proc es s es , an is s ue
with the servic e s till c anno t b e resolved , we wo uld terminate the service.
Again, the City will attempt to partially mitigate thes e ris ks b y entering into c o ntracts with relative s mall
amo unts fo r limited p erio d s of time.
13. In regards to “Attac hment A: Es timated Spend F o rm”, who from the City s igns this?
We intend to leave this form b lank on the Interloc al agreement and negotiate thes e amo unts when we
receive an SP P from third parties for the servic es we c hoose.
We will treat the SP Ps like we would a contrac t. T he amo unt will d etermine who c an s ign the agreement.
Contrac ts for les s than $10,000 may be s igned a Directo r, $10,000 to $50,000 are s igned b y City
Managers , and $50,000+ must be ap p ro ved by GGAF/City Counc il and signed by the Mayor.
The City o f G eo rgeto wn Legal d ep artment has reviewed the Interloc al agreement.
FINANCIAL IMPACT:
There is no c os t as s oc iated with this Interloc al agreement. IT will s ubmit any future purchas es utilizing this
Interlo cal agreement in ac cordance with the ap p ro p riate b udgeting and p roc urement p ro cesses.
SUBMITTED BY:
Chris Bryce, IT Directo r
ATTACHMENTS:
Description Type
DIR Shared Services Backup Material
Page 19 of 80
DIR Contract No. DIR-SS-ILC0001_
INTERLOCAL CONTRACT
BETWEEN
THE DEPARTMENT OF INFORMATION RESOURCES
AND
CITY OF GEORGETOWN
RELATING TO THE USE OF THE DIR SHARED SERVICES MASTER SERVICE
AGREEMENTS
This Interlocal Contract (“ILC” or “Contract”) is entered into by the governmental entities
shown above as contracting parties (referred to individually as a “Party” and collectively
as the “Parties”) pursuant to the provisions of the Interlocal Cooperation Act, Chapter 791,
Texas Government Code. This ILC is created to give effect to the intent and purpose of
Subchapter L, Chapter 2054, Texas Government Code, concerning statewide technology
centers, specifically sections 2054.376(a)(3), 2054.3771, and 2054.3851.
The entity receiving services under the DIR Shared Services Contracts through this ILC
is hereinafter referred to as the “Receiving Entity” or the “DIR Customer.”
This ILC authorizes DIR Customer to participate in the Department of Information
Resources (“DIR” or “Performing Agency”) Shared Services Program. The DIR Shared
Services Program includes contracts that have been competitively procured by DIR. All
specific services and products are purchased through the DIR Shared Services Program
contracts and subject to the processes and terms therein.
DIR’s Shared Services Program provides for a Multisourcing Service Integrator (MSI)
service provider (“MSI SCP”) and various Service Component Providers (“SCP”). The
Shared Services Master Service Agreements, as amended, are defined on the Shared
Services web page on the DIR website (“DIR Shared Services Contracts”) and are
incorporated herein. Unless otherwise referenced, the references to Exhibits and
Attachments herein are references to Exhibits and Attachments of the DIR Shared
Services Contracts.
DIR Customer acknowledges and agrees that this ILC is with DIR and, therefore, DIR
Customer does not have privity of contract with the SCPs.
Capitalized terms not defined herein shall have the meaning set forth in the relevant DIR
Shared Services Contract.
SECTION I
CONTRACTING PARTIES
DIR CUSTOMER: City of Georgetown
PERFORMING AGENCY: Department of Information Resources
City of Georgetown Contract # 18-0081-ILA Page 20 of 80
MANAGED SECURITY SERVICES TERMS AND CONDITIONS
This agreement is part of and incorporated within the Interagency/Interlocal Contract (“Contract”) that
has been entered into by the contracting parties. DIR Customer acknowledges and agrees that this
Contract is with DIR and, therefore, DIR Customer does not have privity of contract with the SCPs.
Capitalized terms not defined herein shall have the meaning set forth in the relevant DIR Shared
Services Contract.
1. Conditions for Providing Security Services
1 .1 Access
DIR and/or Service Component Provider (SCP) shall use the Internet for primary access to DIR
Customer’s systems unless otherwise noted and agreed upon. DIR Customer shall not employ special
access restrictions against DIR and/or Service Component Provider that it does not apply to the rest of
the public network over the course of regular business.
1 .2 Network Control
DIR Customer must inform DIR if DIR Customer does not control its network access and/or its Internet
service is provided via a third party. DIR Customer is responsible for obtaining all necessary approvals.
DIR Customer shall provide all necessary contact information for the third parties that control its network
access, Internet service, and/or web applications. DIR Customer’s emergency contact list shall include
primary and secondary staff capable of administering DIR Custome r computer systems specific to the
type of services being requested or required.
1 .3 Disclosure of Objectionable Material
In conducting the services authorized by DIR Customer, DIR may inadvertently uncover obscene,
excessively violent, harassing, or otherwise objectionable material that may violate State or Federal
law, including material that may infringe the intellectual property of a third party on DIR Customer
devices or networks. DIR shall notify DIR Customer’s Executive Director or highest level executive of
the existence of all such objectionable and/or potentially illicit material so that DIR Customer may deal
with the objectionable and/or potentially illicit material as it deems appropriate.
If DIR accesses child pornography, as defined in the Child Sexual Exploitation and Pornography Act,
18 U.S.C., Chapter 110, in conducting approved Services, DIR shall report such to DIR Customer’s
Executive Director or highest level executive and an appropriate law enfo rcement agency and provide
the law enforcement agency access to the visual depictions of child pornography.
If DIR accesses information that they perceive as a serious threat to human life or safety in conducting
the approved Services, DIR shall report such threat to an appropriate law enforcement agency and DIR
Customer’s Executive Director or highest-level executive.
1.4 No Warranties and Limitation of Liability
DIR makes no representation or warranty that its security services will disclose , identify, or prevent all
vulnerabilities. DIR hereby disclaims all warranties, both express and implied, including without
limitation, the implied warranties of merchantability and fitness for a particular purpose. In no event
shall DIR be liable for damages of any kind or nature that may arise from the services provided by DIR
or DIR’s Service Component Provider or Service Provider.
City of Georgetown Contract # 18-0081-ILA Page 21 of 80
1.5 Service Interruption
DIR will endeavor not to disrupt DIR Customer services and to adhere to best practices for all work
performed. However, tools or services may affect the serviceability of poorly configured or
overextended systems or services. It is possible that control of DIR Customer’s system may be lost.
For any testing that DIR may be conducting, DIR endeavors to use the safest methods to compromise
DIR Customer’s systems; however, DIR Customer should be prepared to restore a damaged system
from a recent, acceptable backup within an acceptable time as determined by DIR Customer. During
any testing DIR may conduct, DIR will NOT conduct any deliberate Denial-of-Service attack. DIR
Customer agrees not to hold DIR liable in the event of any service interruption(s) that may arise as a
result of performance of any Services. If either party becomes aware of a service interruption, that party
will notify the other party’s emergency contact.
1.6 Termination of Services
If DIR Customer terminates certain Services, that it requested and approved, for convenience, DIR
Customer shall pay the remaining requisite unrecovered costs that have already been incurred prior to
the notice of termination, such unrecovered costs will be calculated in accordance with the relevant DIR
Shared Services Contract, SMM, or other DIR Customer approved terms. DIR Customer understands
that it may not be able to terminate services or receive any refund of a pre-payment after approving the
relevant financial solution.
2. DIR and DIR Customer Responsibilities
2.1 DIR Customer agrees as follows to the extent assessment Services are requested
or required:
a) DIR Customer responses to information requests and artifacts gathering pertinent to this security
and risk assessment will be timely;
b) The artifacts data are reasonably available via interviews and documents review;
c) DIR Customer will make available the necessary Subject Matter Expert (SME) with required
expertise to work with the SCP Assessment Team and will remain available thru the duration of
the assessment;
d) DIR Customer SME will be available when required for interaction with the SCP Assessment
Team and that all the interviews will be conducted over the number of consecutive days as
established during the project planning and scheduling phase;
e) DIR Customer is responsible for the coordination and scheduling of resources and providing
meeting facilities as necessary;
f) Deliverables will be complete when DIR Customer has approved in writing that the deliverable
meets the acceptance criteria;
g) All document deliverables must be in formats (hard copy and/or electronic) as specified by DIR
Customer. At a minimum, the formats must be in industry-accepted standards (e.g., MS Word,
MS PowerPoint MS Project);
h) DIR Customer will assist with meeting coordination for meetings between DIR Customer Key
Personnel and DIR and the Service Provider and other staff to gather requirements and other
activities;
i) The SCP Assessment Team will be responsible for scheduling and conducting deliverables
review meetings with DIR Customer to ensure understanding of recommendations and specific
deliverable details;
City of Georgetown Contract # 18-0081-ILA Page 22 of 80
j) A Texas cybersecurity framework assessment:
1) does not include technical vulnerability scanning or penetration testing;
2) is not a formalized attestation to be used to show compliance to any regulatory body; and,
3) is not a hands-on security configuration review.
k) DIR may receive final copies of reports if DIR is paying for the assessment.
2.2 Penetration Testing
2.2.1 DIR Customer agrees as follows to the extent penetration testing (“PT”) is
requested or required:
a) For white box penetration testing, DIR Customer shall add SCP’s IP ranges, which shall be
provided by SCP prior to test initiation, to DIR Customer’s non-shun list (whitelist) within DIR
Customer’s IDS/IPS.
b) SCP may conduct a passive scan to determine the number of live IPs within the Customer
designated IP range.
c) DIR Customer shall not intentionally place an unsecured system or device in the test scope.
d) If DIR Customer detects SCP testing activities, DIR Customer technical staff shall follow
standard operating procedures and policies.
e) DIR Customer shall complete the provided Remediation Survey and return it to DIR within 60
days after DIR Customer receives the deliverables. If DIR Customer requests a Remediation
Verification Test after the initial 60 days has expired, then DIR Customer shall submit the
requisite Request for Services (“RFS”) and will be responsible for any related costs.
f) If DIR Customer has purposely placed an unsecured system in the test scope that DIR
subsequently compromises during the PT, it would be erroneous to conclude that DIR Customer
can be compromised via that system, since the unsecured system would not normally be
present.
g) If DIR Customer knowingly deploys additional resources or increases monitoring activities during
the PT, it would be erroneous to conclude that DIR Customer is secure, since those resour ces
would not normally be present.
2 .2.2 DIR shall ensure that Service Provider :
a) Provides DIR Customer with the source IP addresses associated with testing activities if DIR
Customer detects SCP testing activities and requests confirmation if detected source IP
addresses are associated with SCP testing activity.
b) Notifies DIR Customer if anomalies such as system failure, inappropriate use of resources, or
actual malicious attack are discovered during the PT.
c) Notifies DIR’s Communications Technology Services Division and/or Network and Security
Operations Center (NSOC) if vulnerabilities are discovered during the PT on network equipment
owned or maintained by the Communications Technology Services Di vision after SCP informs
DIR Customer.
d) Provides analysis, descriptions of, and recommendations for protecting against confirmed
vulnerabilities and, if applicable, exploits used during the PT.
e) Provides DIR Customer reports for all other vulnerabilities discovered during the PT.
City of Georgetown Contract # 18-0081-ILA Page 23 of 80
2.2.3 Notes on Vulnerability Scanners
a) No ‘known vulnerability’ scanner is perfect. It is possible that an existing vulnerability may not
have been found or that a vulnerability found may not actually be present. DIR uses vulnerability
scanners that consistently perform at the top of their class. Verify and understand the
vulnerability before deciding to remediate/mitigate it. In many cases, remediating/mitigating the
vulnerability entails upgrading software.
b) A vulnerability for “Agency A” may not be a vulnerability for “Agency B”. Organizations have their
own specific business plans and needs. Each organization must evaluate the need to provide a
service with the risk that the service may be abused. For example, file transf er protocol (FTP)
may be listed as a vulnerability; if the organization intends to provide the FTP services, there is
no need to remediate/mitigate. However, if the business does not need to provide FTP services,
it may decide to discontinue that service. Evaluate the risk of providing the service and accepting
the risk versus not providing the service. This is a management decision.
c) Vulnerability scanning tools attempt to identify the vendors of services and operating systems.
This identification is not always accurate. SCP will use various tools to produce vulnerability
reports for the agency. DIR Customer should review the vulnerability reports and verify the
existence of the vulnerability and then follow the vendor’s instruction for remediating/mitigatin g
it.
d) New vulnerabilities are discovered every day. SCP updates its tools before every PT-
vulnerability scan to ensure that the highest number of known vulnerabilities is identified at the
time the test is performed.
City of Georgetown Contract # 18-0081-ILA Page 24 of 80
DIR Contract No. DIR-SS-ILC0001_
SECTION II
STATEMENT OF SERVICES TO BE PERFORMED
2.1 Effect of ILC and General Process
The DIR Shared Services Program offers a variety of services and related support and
products. The list of such services is provided through the DIR Shared Services Catalog
and the DIR Shared Services portal. Further, SCPs may work with third-party vendors to
provide additional services or products within the requirements of the relevant DIR Shared
Services Contract.
This ILC describes the rights and responsibilities of the Parties relating to implementation,
operation, maintenance, use, payment, and other associated issues by and between DIR
Customer and DIR related to the Services to be provided through the DIR Shared
Services Contracts. DIR Customer shall receive the Services described in the DIR
Shared Services Contracts, subject to the terms of the relevant DIR Shared Services
Contracts and this ILC. DIR Customer is only subject to those specific terms to the extent
DIR Customer requests services or products through those specific DIR Shared Services
Contracts.
The details of specific processes and procedures are contained in the relevant Service
Management Manual (“SMM”), developed by the MSI and/or SCPs and approved by DIR.
The DIR Shared Services Contracts require the MSI and SCPs to develop appropriately
documented policies, processes, and procedures and to provide training to DIR Customer
personnel where required to ensure effective service interfaces, before approval and
adoption of the SMM.
The terms of the relevant DIR Shared Services Contracts will apply to this ILC and will
remain in full force and effect except as may be expressly modified by any amendment
to the specific DIR Shared Services Contract. Such amendments will automatically apply
to this ILC with no further action by the Parties. DIR shall keep DIR Customer generally
informed of such amendments and provide the opportunity to provide input to DIR through
the Shared Services portal as well as the DIR Shared Services Program Governance
structure described below.
2.2 DIR Shared Services Program Process
To obtain Services, DIR Customer shall either order services directly through the MSI
Marketplace portal where certain services and pricing are established or request certain
services and products through the Request for Services process. This process is detailed
in the relevant SMM for each SCP. SCP(s) will respond with a proposal, including the
proposed solution or service, estimated cost or other financial obligations, if any, and any
other relevant program-specific terms and conditions related to the services provided for
in response to the Request for Service. DIR Customer may accept or decline those terms
and services at that time. The final DIR Customer approved technical solution, financial
solution, and related terms are contractually binding terms that incorporate the terms of
City of Georgetown Contract # 18-0081-ILA Page 25 of 80
DIR Contract No. DIR-SS-ILC0001_
this ILC and the relevant Shared Services Contract(s). Later termination of a Service or
solution after an original approval or any pre-payment, may result in additional cost to the
DIR Customer and may not allow for any refund of payments already made.
2.3 Change Orders and Change Control
In accordance with the relevant SMM and Shared Services Contract requirements, DIR
Customer will coordinate with the MSI and/or SCP for all change requests. Change
Control processes and authority may vary between DIR Shared Services Contracts as it
relates to the rights of Customers to request changes. Further, Change Control does not
allow DIR Customers to alter terms and conditions of the DIR Shared Services Contracts.
SECTION III
DIR CUSTOMER PARTICIPATION
3.1 General Governance
Governance of the DIR Shared Services Program is based on an owner-operator
approach in which DIR Customers, in the role of operator, actively work with all SCPs to
resolve local operational issues and participate in committees to address enterprise
matters. Enterprise-level decisions, DIR Customer issues, and resolution of escalated
DIR Customer-specific issues are carried out by standing governance committees,
organized by subject area and comprised of representatives from DIR Customers, DIR
management, SCP management, MSI management, and subject-matter experts. DIR
Customers are structured into partner groups that select representatives to participate in
these committees. DIR Customer shall participate within this Governance structure as
described above and within the relevant SMM(s).
3.2 DIR Customer and SCP Interaction and Issue Escalation
In accordance with the relevant SMM(s), DIR Customer shall interface with SCPs on the
performance of “day-to-day” operations, including work practices requiring SCP and DIR
Customer interaction, issues resolution, training, planning/coordination, and “sign-off.” All
issues are intended to be resolved at the lowest level possible. In those instances where
it becomes necessary, the following escalation path is utilized. If DIR Customer is not able
to resolve an issue directly with SCP staff, DIR customer escalates the issue to SCP
management. If the issue cannot be resolved by SCP management, DIR Customer
escalates to DIR. If the issue cannot be resolved by DIR, DIR Customer escalates to the
appropriate DIR Shared Services Program Governance committee.
3.3 DIR Customer Specific Laws
Per the Compliance with Laws section of the DIR Shared Services Contracts, DIR
Customer shall notify DIR, in writing, of all DIR Customer-specific laws (“DIR Customer-
Specific Laws”), other than SCP Laws, that pertain to any part of DIR Customer’s
business that is supported by SCPs under the DIR Shared Services Contracts, and DIR
City of Georgetown Contract # 18-0081-ILA Page 26 of 80
DIR Contract No. DIR-SS-ILC0001_
will notify SCPs, in writing, of such DIR Customer-Specific Laws. The Parties intend that
such DIR Customer-Specific Laws will be identified and included in the portion of the SMM
specific to DIR Customer. DIR Customer shall use commercially reasonable efforts to
notify DIR, in writing, of any changes to DIR Customer-Specific Laws that may, in any
way, impact the performance, provision, receipt and use of Services under the DIR
Shared Services Contracts. DIR shall advise SCPs of such change and require that any
changes to DIR Customer-Specific Laws are identified and included in the SMM. If
necessary to facilitate DIR compliance with the requirements of the DIR Shared Services
Contracts, DIR Customer shall provide written interpretation to DIR of any DIR Customer-
Specific Law.
3.4 DIR Customer responsibilities
Where appropriate, DIR Customer shall support the following:
(a) Software currency standards are established for the Shared Services
environment through the owner operator governance model. DIR Customers
will be engaged in approval of these standards and the development of
technology roadmaps that employ these software currency standards. DIR
Customers are expected to remediate applications in order to comply with the
standards
(b) Technology standards (e.g. server naming standards, reference hardware
architectures, operating system platforms) are established through Shared
Services Governance. DIR Customers will adhere to these standards. Any
exceptions will follow governance request processes.
(c) DIR Customer shall ensure network connectivity and sufficient bandwidth to
meet DIR Customer’s needs.
(d) DIR Customers will collaborate with SCPs to establish and leverage standard,
regular change windows to support changes to enterprise systems. These
change windows will be constructed to support varying degrees of service
impact, from planned down-time to no service impact. Standard enterprise
changes during these windows may affect all systems in one or more of the
consolidated data centers simultaneously.
(e) DIR Customers will support the consolidation of commodity services into
shared enterprise solutions that leverage common management and
configuration practices delivered by the service providers. Examples of such
commodity services are SMTP mail relay and DNS management.
(f) DIR Customers will support and align with standard enterprise Service
Responsibilities Matrixes and associated processes for obtaining an exception
or making improvements to the standard enterprise Service Responsibility
Matrixes.
City of Georgetown Contract # 18-0081-ILA Page 27 of 80
DIR Contract No. DIR-SS-ILC0001_
3.5 DIR Customer Equipment and Facilities
Any use by SCPs of DIR Customer Equipment and/or Facilities shall be limited to the
purpose of fulfilling the requirements of this ILC or the DIR Shared Services Contracts.
DIR Customer will retain ownership of DIR Customer Equipment. DIR Customer shall
comply with DIR refresh policies, as amended from time to time by DIR.
3.6 DIR Customer Contracts, Leases, and Software with Third Parties
DIR Customer will make available for use or use its best efforts to cause to be made
available for use by DIR and SCPs the DIR Customer Contracts and Leases with third
parties (“DIR Customer Third Party Contracts and Leases”) and DIR Customer third party
software (“DIR Customer-Licensed Third Party Software”) that pertain to the Shared
Services. Any use by SCPs of DIR Customer Third Party Contracts and Leases and/or
DIR Customer-Licensed Third Party Software shall be limited to fulfilling the requirements
of this ILC or the DIR Shared Services Contracts.
SCPs shall obtain all Required Consents in accordance with DIR Shared Services
Contracts. DIR Customer will use its best efforts to assist SCPs to obtain from each Third
Party Software licensor the right to use the DIR Customer-Licensed Third Party Software
for Services provided under the DIR Shared Services Contracts. Except to the extent
expressly provided otherwise and in accordance with the DIR Shared Services Contracts,
SCPs shall pay all transfer, re-licensing, termination charges and other costs or expenses
associated with obtaining any Required Consents or obtaining any licenses or
agreements as to which SCPs are unable to obtain such Required Consents. If requested
by DIR, DIR Customer shall cooperate with SCPs in obtaining the Required Consents by
executing appropriate DIR approved written communications and other documents
prepared or provided by SCPs.
3.9 Security
DIR Customer shall comply with recommended relevant security standards and relevant
SCP security guides, as amended from time to time by DIR, the MSI, or the SCP. DIR
Customer shall inform DIR as to any DIR Customer specific security considerations.
DIR Customer acknowledges that any failure on its part to follow recommended security
standards, policies, and procedures may place its own data and operations at risk as well
as those of SCP(s) and other governmental entities. DIR Customer accepts the related
potential risks and liabilities that are created by DIR Customer’s failure to comply with the
recommendations if it is determined such recommendations would have prevented an
issue. DIR accepts no responsibility for the risk or liability incurred due to a DIR
Customer’s decision to not follow DIR’s recommendations. SCP will not be liable for
violations of security policies and procedures by DIR Customer. Additionally, failure to
comply with security standards, policies, and procedures may lead to the suspension or
City of Georgetown Contract # 18-0081-ILA Page 28 of 80
DIR Contract No. DIR-SS-ILC0001_
termination of the availability of certain Applications and services. SCP will give DIR and
the DIR Customer notification of non-compliance.
SECTION IV
CONTRACT AMOUNT
In accordance with terms of the DIR Shared Services Contracts, including all relevant
pricing and accepted Request for Services proposals, and this ILC, DIR Customer shall
be responsible for and agrees to pay DIR the applicable Charges for Services received
from the SCPs and the MSI, Services DIR Customer agrees to pre-pay, the DIR recovery
fees, any allocated charges, and any Pass Through Expenses incurred by DIR or SCPs
on behalf of DIR Customer. The applicable fees are set out in the relevant DIR Shared
Services Contracts as incorporated herein and, if applicable, specifically addressed in
response to any Request for Services. Certain pricing is based upon DIR Customer’s
specific consumption; therefore, DIR Customer controls the amounts and duration of the
contract amounts. It is understood and agreed that amounts are subject to change
depending upon Services required and/or requested and approved and further dependent
upon legislative direction and appropriations available for such Services.
Attachment A provides the estimated spend for services as approved by DIR Customer.
This form may be revised and updated by DIR Customer as needed without a formal
amendment from DIR by DIR Customer submitting to DIR an updated form. DIR
Customer must adhere to its own policies and processes for authorizing an adjustment to
such amounts internally. DIR Customer is solely responsible for monitoring compliance
with Attachment A and to communicate any changes to Attachment A to DIR. DIR shall
not be responsible for monitoring or ensuring such compliance.
SECTION V
PAYMENT FOR SERVICES
DIR shall electronically invoice DIR Customer for Services on a monthly basis. Each
invoice shall include the applicable monthly charges for Services received from the SCPs,
the DIR recovery fees, all allocated charges, and any Pass-Through Expenses incurred
by DIR or SCPs on behalf of DIR Customer in accordance with the DIR Shared Services
Contracts.
The DIR recovery fees shall be reviewed at least annually in accordance with the
requirements for billed statewide central services as set forth in OMB Circular A-87, Cost
Principles for State, Local and Indian Tribal Governments (as updated, revised or
restated) and other applicable statutes, rules, regulations and guidelines. DIR shall retain
documentation for the DIR recovery fees. DIR fees are also determined and reported in
accordance with DIR processes and sections 2054.0345-0346 of the Texas Government
Code.
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DIR Contract No. DIR-SS-ILC0001_
Each invoice shall include sufficient detail for DIR Customer to allocate costs to all federal
and state programs in accordance with the relative benefits received and to make federal
claims according to the federal cost plan of DIR Customer.
In order to allow DIR to meet the statutory payment requirements in Chapter 2251, Texas
Government Code, DIR Customer shall make monthly payments by check or Electronic
Funds Transfer (EFT) within twenty (20) days following receipt of each invoice from DIR.
For purposes of determination of the payment due date, DIR and DIR Customer shall use
the date when the invoice is electronically transmitted by DIR to DIR Customer and posted
on the chargeback system along with reports that substantiate the service volumes and
associated charges. Although cash flow considerations require timely payments as
required herein, the rights of DIR Customer and DIR to dispute charges shall be
consistent with Texas law.
The MSI SCP is required to develop and maintain a chargeback system. DIR shall
coordinate requirements and functionality for the chargeback system with DIR Customer
needs and requirements under federal and state requirements for invoiced charges
generated through the system. DIR Customer shall utilize this chargeback system to link
the designated measurable activity indicators (such as applications or print jobs) with the
appropriate financial coding streams. DIR Customer shall update this information
monthly, or at such other intervals as are necessary, to enable the MSI SCP to generate
accurate invoices reflecting the appropriate distribution of costs as designated by DIR
Customer.
DIR Customer is liable for all costs and expenses associated with providing Services
under the ILC to the extent such costs and expenses have been incurred by DIR and
such Services have been provided to DIR Customer or DIR Customer agrees to pay for
such Services prior to receiving them.
Except as allowed in Texas Government Code, Chapter 2251, DIR Customer shall have
no right to set off, withhold or otherwise reduce payment on an invoice. In accordance
with Texas Government Code, Section 791.015, to ensure enforceability of payment
obligations, DIR Customer consents to DIR presenting this ILC and all unpaid invoices to
the alternate dispute resolution process, as set forth in Chapter 2009, Texas Government
Code. Provided, however, that such consent shall not constitute an agreement or
stipulation that Services have been provided or that the invoices are correct. DIR
Customer expressly retains all rights to which it is entitled under Texas Government
Code, Chapter 2251, in the event of a disagreement with DIR as to whether Services
have been provided and accepted or an invoice contains an error.
If DIR Customer disputes an invoice, it shall present the billing dispute in writing directly
to the MSI through the Service Catalog within four (4) invoice cycles after the date DIR
Customer receives the invoice and reports that substantiate the service volumes and
associated Charges from DIR. DIR Customer will provide to the MSI all relevant
documentation to justify the billing dispute.
City of Georgetown Contract # 18-0081-ILA Page 30 of 80
DIR Contract No. DIR-SS-ILC0001_
SECTION VI
TERM AND TERMINATION OF CONTRACT AND SERVICES
6.1 Term and Termination of ILC
The term of this ILC shall commence upon start of services or execution of this ILC,
whichever shall come earlier, and shall terminate upon mutual agreement of the Parties.
This ILC is contingent on the continued appropriation of sufficient funds to pay the
amounts specified in DIR Customer’s Requests for Services, including the continued
availability of sufficient relevant federal funds if applicable. Continuation of the ILC is also
contingent on the continued statutory authority of the Parties to contract for the Services.
If this ILC is terminated for any reason other than lack of sufficient funds, lack of statutory
authority, or material breach by DIR, DIR Customer shall pay DIR an amount sufficient to
reimburse DIR for any termination charges and any termination assistance charges
incurred under the DIR Shared Services Contracts and this ILC as a result of such
termination by DIR Customer. DIR Customer shall provide at least ninety (90) days’
written notice to DIR prior to termination. Payment of such compensation by DIR
Customer to DIR shall be a condition precedent to DIR Customer’s termination.
DIR and DIR Customer acknowledge and agree that compliance with federal law and
ongoing cooperation with federal authorities concerning the expenditure of federal funds
in connection with the DIR Shared Services Contracts and this ILC are essential to the
continued receipt of any relevant federal funds.
6.2 Termination of Services
If DIR Customer terminates certain Services, that it requested and approved, for
convenience, DIR Customer shall pay the remaining requisite unrecovered costs that
have already been incurred prior to the notice of termination, such unrecovered costs will
be calculated in accordance with the relevant Shared Services Contract, SMM, or the
approved services proposal and related terms. DIR Customer understands that it may
not be able to terminate services or receive any refund of a pre-payment after approving
the relevant financial solution.
SECTION VII
MISCELLANEOUS PROVISIONS
7.1 Public Information Act Requests
Under Chapter 552, Texas Government Code (the Public Information Act), information
held by SCPs in connection with the DIR Shared Services Contracts is information
collected, assembled, and maintained for DIR. DIR shall respond to Public Information
Act requests for SCP information. If DIR Customer receives a Public Information Act
request for SCP information that DIR Customer possesses, DIR Customer shall respond
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DIR Contract No. DIR-SS-ILC0001_
to the request as it relates to the information held by DIR Customer. Responses to
requests for confidential information shall be handled in accordance with the provisions
of the Public Information Act relating to Attorney General Decisions. Neither Party is
authorized to receive or respond to Public Information Act requests on behalf of the other.
If SCP or DIR receives a Public Information Act request for information or data owned by
DIR Customer, DIR or SCP will refer the requestor to DIR Customer.
7.2 Inventory Control
DIR shall coordinate financial accounting and control processes between DIR Customer
and SCPs and ensure inclusion of reasonable control and reporting mechanisms,
including any control and reporting mechanisms specifically required by DIR Customer,
in the Service Management Manual. Such procedures shall specifically recognize DIR
Customer requirements for inventory control and accounting for state owned and leased
equipment and facilities, including hardware, software, contracts, and other items of value
that may be utilized by, or authorized for use under the direction and control of SCPs.
7.3 Confidential Information
DIR shall require SCPs to maintain the confidentiality of DIR Customer information to the
same extent that DIR Customer is required to maintain the confidentiality of the
information, and with the same degree of care SCPs use to protect their own confidential
information. DIR acknowledges that DIR Customer may be legally prohibited from
disclosing or allowing access to certain confidential data in its possession to any third
party, including DIR and SCPs. The relevant SMM shall document detailed confidentiality
procedures, including the process DIR Customer shall follow to identify confidential
information it is legally prohibited from disclosing or allowing access to by DIR and SCPs
and including confidentiality procedures required that are specific to DIR Customer. The
DIR Shared Services Contracts sets forth the confidentiality obligations of SCPs.
DIR Customer shall notify DIR, in writing, (1) if DIR Customer is a covered entity subject
to the Health Insurance Portability and Accountability Act (HIPAA) privacy regulations at
45 Code of Federal Regulations Parts 160 and 164, that is required to enter into a
business associate agreement with DIR or SCPs; (2) if DIR Customer receives Federal
tax returns or return information; and (3) if DIR Customer is subject to any other
requirements specific to the provision of Services. If DIR Customer receives federal tax
returns or return information, then DIR Customer must comply with the requirement of
IRS Publication 1075 and Exhibit 7 to IRS Publication 1075. In the event a DIR customer
is subject to additional requirement as mentioned in this section, DIR shall require SCPs
to maintain the confidentiality of DIR Customer information in accordance with language
included in Attachment B of this agreement. Such additional requirements as is included
in Attachment B of this agreement shall be included in the relevant SMM.
7.4 Notification Information
Contact information for purposes of notification for each Party is set forth below.
City of Georgetown Contract # 18-0081-ILA Page 32 of 80
DIR Contract No. DIR-SS-ILC0001_
DIR Customer’s Primary Contact
Name:_Chris Bryce________________________________
Title:__Director of Information Technology______________
Address:_510 W. 9th St., Georgetown, TX 78726________
Telephone:_(512) 930-3579_________________________
Email:__Chris.bryce@georgetown.org _________________
DIR’s Primary Contact
sharedservicescontractoffice@dir.texas.gov
The DIR Billing Contact is listed in the DIR Contacts section of the monthly Shared
Services Payment Guidance letter, which is provided to the DIR Customer with the
monthly Shared Services invoice.
7.5 Binding Effect
The Parties hereto bind themselves to the faithful performance of their respective
obligations under this ILC.
7.6 Amendments
This ILC may not be amended except by written document signed by the Parties hereto
or as specified within this ILC or the attachment being amended.
7.7 Conflicts between Agreements
If the terms of this Contract conflict with the terms of any other contract between the
Parties, the most recent contract shall prevail. This Contract provides a general
description of certain terms within the DIR Shared Services Contracts. If the terms of this
Contract conflict with the terms of the DIR Shared Services Contracts, the DIR Shared
Services Contracts’ terms shall prevail. If the terms of this Contract conflict with the terms
of an accepted proposal or solution from a Request for Services, this Contract shall
prevail.
7.8 Responsibilities of the Parties
The Parties shall comply with all federal, state and local laws, statutes, ordinances, rules
and regulations and with the orders and decrees of any courts or administrative bodies
or tribunals in any manner affecting the performance of the ILC. The parties do not intend
to create a joint venture. Each Party acknowledges it is not an agent, servant or employee
of the other. Each Party is responsible for its own acts and deeds and for those of its
agents, servants and employees. Notwithstanding the foregoing, DIR will cooperate with
DIR Customer in all reasonable respects to resolve any issues pertaining to federal
funding in connection with this ILC or the DIR Shared Services Contracts.
City of Georgetown Contract # 18-0081-ILA Page 33 of 80
DIR Contract No. DIR-SS-ILC0001_
DIR and DIR Customer agree that Services contemplated in this ILC shall be governed
by provisions in the DIR Shared Services Contracts regarding individual responsibilities
of the parties, including Services provided by the SCPs. In the event DIR Customer
actions, failure to perform certain responsibilities, or Request for Services result in
financial costs to DIR, including interest accrued, those costs shall be the responsibility
of DIR Customer. DIR and DIR Customer shall coordinate and plan for situations where
conflicts, failure to perform or meet timely deadlines, or competition for resources may
occur during the term of this contract. Unless otherwise specifically addressed, the
governance process, addressed above, for the DIR Shared Services Contracts shall be
used for issue resolution between DIR Customers, DIR and DIR SCPs.
7.9 Audit Rights of the State Auditor’s Office
In accordance with Section 2262.154, Texas Government Code and other applicable law,
the Parties acknowledge and agree that: (1) the state auditor, the Parties’ internal
auditors, and if applicable, the Office of Inspector General of DIR Customer or their
designees may conduct audits or investigations of any entity receiving funds from the
state directly under the Contract or the DIR Shared Services Contracts, or indirectly
through a subcontract under the DIR Shared Services Contracts; (2) that the acceptance
of funds directly through this Contract or indirectly through a subcontractor under the
Contract acts as acceptance of the authority of the state auditor, under the direction of
the legislative audit committee, the Parties’ internal auditors, and if applicable, the Office
of Inspector General of DIR Customer or their designees to conduct audits or
investigations in connection with those funds; and (3) that the Parties shall provide such
auditors or inspectors with access to any information considered relevant by such auditors
or inspectors to their investigations or audits.
7.10 General Terms
Except as expressly provided herein, no provision of this ILC will constitute or be
construed as a waiver of any of the privileges, rights, defenses, remedies or immunities
available to DIR Customer. The failure to enforce or any delay in the enforcement of any
privileges, rights, defenses, remedies, or immunities available to DIR Customer by law
will not constitute a waiver of said privileges, rights, defenses, remedies, or immunities or
be considered as a basis for estoppel. Except as expressly provided herein, DIR
Customer does not waive any privileges, rights, defenses, remedies or immunities
available to DIR Customer.
This Customer Agreement will be construed and governed by the laws of the State of
Texas. Venue for any action relating to this Customer Agreement is in Texas state courts
in Austin, Travis County, Texas, or, with respect to any matter in which the federal courts
have exclusive jurisdiction, the federal courts for Travis County, Texas.
If one or more provisions of this ILC, or the application of any provision to any Party or
circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of
this ILC and the application of the provision to other Parties or circumstances will remain
valid and in full force and effect.
City of Georgetown Contract # 18-0081-ILA Page 34 of 80
DIR Contract No. DIR-SS-ILC0001_
Signatory Warranty
Each signatory warrants requisite authority to execute the ILC on behalf of the entity
represented.
SECTION VIII
CERTIFICATIONS
The undersigned Parties hereby certify that: (1) the matters specified above are
necessary and essential for activities that are properly within the statutory functions and
programs of the affected agencies of State Government; (2) this ILC serves the interest
of efficient and economical administration of State Government; and (3) the Services,
supplies or materials in this ILC are not required by Section 21, Article 16 of the
Constitution of Texas to be supplied under contract given to the lowest responsible bidder.
IN WITNESS WHEREOF, the Parties have signed this ILC effective on date of last
signature below.
RECEIVING ENTITY: CITY OF GEORGETOWN
By:
Printed Name: Dale Ross _______
Title: Mayor _____________________________
Date: _________________________________________________
PERFORMING AGENCY: DEPARTMENT OF INFORMATION RESOURCES
By:
Printed Name: Sally Ward
Title: Director, Program Planning and Governance
Date: _________________________________________________
Legal:_________________________________________________
City of Georgetown Contract # 18-0081-ILA Page 35 of 80
DIR Contract No. DIR-SS-ILC0001_
Attachments to ILC
Attachment A Estimated Spend Form – (Customer may provide Attachment A to DIR if
required by their processes.)
Attachment B Additional Confidentially Requirements – (As necessary and described in
Section 7.3, Confidential Information)
City of Georgetown Contract # 18-0081-ILA Page 36 of 80
DIR Contract No. DIR-SS-ILC0001_
Attachment A
Estimated Spend Form
*This form is to be used as needed by the DIR Customer to capture spend within the
Shared Services Program. This amount may be based upon the DIR Customer’s biennial
budget(s).
Below are the estimated spend amounts for certain DIR Shared Services received
through this ILC and may change based upon DIR Customer consumption. This amount
is to be managed and monitored solely by the DIR Customer. Amounts may be
transferred by the DIR Customer that change this amount. Such increases or decreases
are strictly within the control of the DIR Customer.
DIR Customer is required to pay for any costs incurred in accordance with this ILC and
the related DIR Shared Services Contracts regardless of the estimated spend amounts
reflected herein.
Updates to this form may be executed through written notice by the DIR Customer to DIR.
Costs, such as incremental network expenses, which are billed directly to or paid by the
DIR Customer, are not included in these amounts.
For the period MONTH DAY, YEAR through MONTH DAY, YEAR the estimated spend is
$XX,XXX as the spend applies to __________ Services.
DIR Customer acknowledges and agrees that the responsibility to manage, monitor, and
change the amounts contained in this form are the sole responsibility of the DIR
Customer. Further, each signatory warrants requisite authority to execute any changes
to this Attachment A in accordance with the DIR Customer’s applicable approval
processes.
By:
Printed Name:
Title:
Date: _________________________________________________
City of Georgetown Contract # 18-0081-ILA Page 37 of 80
DIR Contract No. DIR-SS-ILC0001_
Attachment B
Additional Confidentiality Requirements
None
City of Georgetown Contract # 18-0081-ILA Page 38 of 80
City of Georgetown, Texas
Government and Finance Advisory Board
October 24, 2018
SUBJECT:
Cons id eration and p o s s ib le ac tion to approve an award o f a Blanket Agreement with Gulf Co as t Paper
Company to provid e c usto d ial sup p lies and eq uipment thro ugh the BuyBoard C o ntract #569-18 in an
amo unt not to exc eed $110,000, and to ratify $95,345 o f previo us expend itures fo r s imilar p urc hases fro m
Gulf Coast Paper Company p ursuant to the BuyBoard contrac t #490-15 - R o s emary Ledesma,
Purchas ing Manager.
ITEM SUMMARY:
Approval of this b lanket p urc hase o rd er agreement with Gulf Coast Pap er Company thro ugh the Buy
Bo ard c o o p erative p ro gram will allo w the City o f Georgetown to take advantage of lo wer p rices fo r
continuous supply of cus todial s upplies and equip ment. Items will be p rimarily ordered b y the Purc hasing
Warehous e fo r C ity-wide use o n an as needed b as is . All b ulk item orders will be s toc ked in the City
Warehous e.
Gulf Coast Paper Company is the current supplier o f these items. These items are to b e ordered b y the
City Warehous e and City d ep artments thro ugh the Buyb o ard Co ntract #569-18, for a c o ntract term of
10/1/2018 through 9/30/2019, with two possib le one-year renewals .
This actio n reques ts ap p ro val fo r a not-to-exc eed amount of $110,000 fo r FY 2018-2019 to Gulf Co as t
Paper Company and als o inc ludes ap p ro val of $95,345 p revious exp enditures for FY 2017-2018 for s imilar
p urc hases from Gulf Coast P ap er Co mp any whic h were required and provided in acc o rd anc e with their
p rio r c o o p erative c ontrac t with the BuyBoard .
Ac cording to Texas Loc al Government Cod e 271.102 (c ), the City satis fies any s tate laws req uiring the
lo cal government to s eek c o mp etitive b id s fo r the p urc hase o f go o d s and s ervic es when purchas ing under
Sub chap ter F. Cooperative Purchas ing Pro gram.
FINANCIAL IMPACT:
The es timated total for this blanket agreement is $110,000. F und s for this expend iture are b udgeted in the
individ ual d epartments .
SUBMITTED BY:
Rosemary Ledes ma, P urc hasing Manager.
ATTACHMENTS:
Description Type
Cus todial Supplies Backup Material
Page 39 of 80
July 19, 2018
Welcome to BuyBoard!
Re:Notice of The Local Government Purchasing Cooperative Award
Proposal Name and Number: Custodial Supplies and Equipment, Proposal Number 569-18
Congratulations, The Local Government Purchasing Cooperative (Cooperative) has awarded your company a
BuyBoard® contract based on the above-referenced Proposal. The contract
is effective 10/1/2018 through 9/30/2019, with two possible one-year renewals. The contract
documents are those identified in Section 3 of the General Terms and Conditions of the specifications.
To view the items your company has been awarded, please review the proposal tabulation No. 569-18 on
the following web-site: www.buyboard.com/vendor. Only items marked as awarded to your company can
be sold through the BuyBoard contract. In addition, on this website you will find the membership list which
will provide you with the names of all entities with membership in our purchasing cooperative.
Enclosed with this letter you will find the following documents:
1.Vendor Quick Reference Sheet 2. Vendor Billing Procedures
You are advised that receipt of a purchase order directly from a Cooperative member is not within
the guidelines of the Cooperative. Accepting purchase orders directly from Cooperative members may
result in a violation of the State of Texas competitive bid statute and termination of this Cooperative BuyBoard
contract. Therefore, all purchase orders must be processed through the BuyBoard in order to
comply. Please forward by fax (1-800-211-5454) any order received directly from a Cooperative member. If
you inadvertently process a purchase order sent directly to you by a Cooperative member, please fax the order
to the above number and note it as RECORD ONLY to prevent duplication.
On behalf of the Texas Association of School Boards, we appreciate your interest in the Cooperative and we
are looking forward to your participation in the program. If you have any questions, please contact
Cooperative Procurement Staff at 800‐695‐2919.
Sincerely,
Arturo Salinas
Department Director, Cooperative Procurement
v.6.5
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P ROPOSER’S A GREEMENT AND S IGNATURE
Proposal Name: Custodial Supplies and
Equipment
Proposal Due Date/Opening Date and Time:
March 15, 2018 at 4:00 PM
Proposal Number: 569-18
Location of Proposal Opening:
Texas Association of School Boards, Inc.
BuyBoard Department
12007 Research Blvd.
Austin, TX 78759
Anticipated Cooperative Board Meeting Date:
Contract Time Period: October 1, 2018 through
September 30, 2019 with two (2) possible one-year
renewals.
July 2018
Name of Proposing Company Date
_________________________________
Street Address Signature of Authorized Company Official
City, State, Zip Printed Name of Authorized Company Official
Telephone Number of Authorized Company Official Position or Title of Authorized Company Official
_________________________________________
Fax Number of Authorized Company Official Federal ID Number
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The proposing company (“you” or “your”) hereby acknowledges and agrees as follows:
1. You have carefully examined and understand all Cooperative information and documentation associated with this
Proposal Invitation, including the Instructions to Proposers, General Terms and Conditions, attachments/forms, item
specifications, and line items (collectively “Requirements”);
2. By your response (“Proposal”) to this Proposal Invitation, you propose to supply the products or services submitted at
the prices quoted in your Proposal and in strict compliance with the Requirements, unless specific deviations or
exceptions are noted in the Proposal;
3. Any and all deviations and exceptions to the Requirements have been noted in your Proposal and no others will be
claimed;
4. If the Cooperative accepts any part of your Proposal and awards you a contract, you will furnish all awarded products
or services at the prices quoted and in strict compliance with the Requirements (unless specific exceptions are noted in
the Proposal and accepted by the Cooperative), including without limitation the Requirements related to:
a. conducting business with Cooperative members, including offering pricing to members that is the best you offer
compared to similar customers;
b. payment of a service fee in the amount specified and as provided for in this Proposal Invitation;
c. the possible award of a piggy-back contract by another governmental entity or nonprofit entity, in which event
you will offer the awarded goods and services in accordance with the Requirements; and
d. submitting price sheets or catalogs in the proper format as required by the Cooperative as a prerequisite to
activation of your contract;
5. You have clearly identified on the included form any information in your Proposal that you believe to be confidential or
proprietary or that you do not consider to be public information subject to public disclosure under a Texas Public
Information Act request or similar public information law;
6. The individual signing this Agreement is duly authorized to enter into the contractual relationship represented by this
Proposal Invitation on your behalf and bind you to the Requirements, and such individual (and any individual signing a
form) is authorized and has the requisite knowledge to provide the information and make the representations and
certifications required in the Requirements;
7. You have carefully reviewed your Proposal, and certify that all information provided is true, complete and accurate,
and you authorize the Cooperative to take such action as it deems appropriate to verify such information; and
8. Any misstatement, falsification, or omission in your Proposal, whenever or however discovered, may disqualify you
from consideration for a contract award under this Proposal Invitation or result in termination of an award or any other
remedy or action provided for in the General Terms and Conditions or by law.
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VENDOR CONTACT INFORMATION
Company: ___________________________________________________________________________________________
Vendor Contact Name and Mailing Address for Notices: _______________________________________________________
Company Website: ____________________________________________________________________________________
Purchase Orders: Purchase orders from Cooperative members will be available through the Internet or by facsimile.
Option 1: Internet. Vendors need Internet access and at least one e-mail address so that notification of new
orders can be sent to the Internet contact when a new purchase order arrives. An information guide will be
provided to vendors that choose this option to assist them with retrieving their orders.
Option 2: Fax. Vendors need a designated fax line available at all times to receive purchase orders.
Please choose only one (1) of the following options for receipt of purchase orders and provide the requested
information:
I will use the INTERNET to receive purchase orders.
E-mail Address: ________________________________________________________________________
Internet Contact: _____________________________________ Phone: ___________________________
Alternate E-mail Address: ________________________________________________________________
Alternate Internet Contact: ______________________________ Phone: __________________________
I will receive purchase orders via FAX.
Fax Number: __________________________________________________________________________
Fax Contact: __________________________________________ Phone: __________________________
Purchase orders may be received by any Designated Dealer identified on my company’s Dealer Designation
form as provided to the Cooperative administrator. I understand that my company shall remain responsible for the
Contract and the performance of all Designated Dealers under and in accordance with the Contract.
Request for Quotes (“RFQ”): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses
for the receipt of RFQs:
E-mail Address: ________________________________________________________
Alternate E-mail Address: ________________________________________________
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Invoices: Your company will be billed monthly for the service fee due under a contract awarded under this Proposal
Invitation. All invoices are available on the BuyBoard website and e-mail notifications will be sent when they
are ready to be retrieved. Please provide the following address, contact and e-mail information for receipt of service fee
invoices and related communications:
Please choose only one (1) of the following options for receipt of invoices and provide the requested
information:
Service fee invoices and related communications should be provided directly to my company at:
Mailing address: ____________________________________ Department: ________________________
City: _____________________________ State: __________________ Zip Code: ___________________
Contact Name: _____________________________________ Phone: _____________________________
Fax: ________________ E-mail Address: ___________________________________________________
Alternative E-mail Address: ______________________________________________________________
In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing
agent**:
Mailing address: ____________________________________ Department: ________________________
City: _____________________________ State: __________________ Zip Code: ___________________
Contact Name: _____________________________________ Phone: _____________________________
Fax: ________________ E-mail Address: ___________________________________________________
Alternative E-mail Address: ______________________________________________________________
In lieu of my company, I request and authorize service fee invoices to be provided to the Designated Dealer(s)
receiving the purchase order(s) to which the invoiced service fees relate at the address and contact information designated
on my company’s Dealer Designation form as provided to the Cooperative administrator.**
** If Vendor authorizes a billing agent or Designated Dealer(s) to receive and process service fee invoices,
in accordance with the General Terms and Conditions of the Contract, Vendor specifically acknowledges and
agrees that nothing in that designation shall relieve Vendor of its responsibilities and obligations under the
Contract including, but not limited to, payment of all service fees under any Contract awarded Vendor.
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FELONY CONVICTION DISCLOSURE AND DEBARMENT CERTIFICATION
FELONY CONVICTION DISCLOSURE
Subsection (a) of Section 44.034 of the Texas Education Code (Notification of Criminal History of Contractor)
states: “A person or business entity that enters into a contract with a school district must give advance notice to the district
if the person or an owner or operator has been convicted of a felony. The notice must include a general description of the
conduct resulting in the conviction of a felony.”
Section 44.034 further states in Subsection (b): “A school district may terminate a contract with a person or
business entity if the district determines that the person or business entity failed to give notice as required by Subsection
(a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity
for services performed before the termination of the contract.”
Please check (√) one of the following:
My company is a publicly-held corporation. (Advance notice requirement does not apply to publicly-held corporation.)
My company is not owned or operated by anyone who has been convicted of a felony.
My company is owned/operated by the following individual(s) who has/have been convicted of a felony:
Name of Felon(s): _____________________________________________________________________________________
Details of Conviction(s):________________________________________________________________________________
____________________________________________________________________________________________________
By signature below, I certify that the above information is true, complete and accurate and that I am authorized by my
company to make this certification.
________________________________________________
Company Name
_________________________________________ ________________________________________
Signature of Authorized Company Official Printed Name
DEBARMENT CERTIFICATION
Neither my company nor an owner or principal of my company has been debarred, suspended or otherwise made ineligible
for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension,” as described
in the Federal Register and Rules and Regulations. Neither my company nor an owner or principal of my company is
currently listed on the government-wide exclusions in SAM, debarred, suspended, or otherwise excluded by agencies or
declared ineligible under any statutory or regulatory authority. My company agrees to immediately notify the Cooperative
and all Cooperative members with pending purchases or seeking to purchase from my company if my company or an
owner or principal is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise
excluded by agencies or declared ineligible under any statutory or regulatory authority.
By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to
make this certification.
________________________________________
Company Name
________________________________________ _______________________________________
Signature of Authorized Company Official Printed Name
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RESIDENT/NONRESIDENT CERTIFICATION
Chapter 2252, Subchapter A, of the Texas Government Code establishes certain requirements applicable to proposers who
are not Texas residents. Under the statute, a “resident” proposer is a person whose principal place of business is in Texas,
including a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. A
“nonresident” proposer is a person who is not a Texas resident. Please indicate the status of your company as a “resident”
proposer or a “nonresident” proposer under these definitions.
Please check (√) one of the following:
I certify that my company is a Resident Proposer.
I certify that my company is a Nonresident Proposer.
If your company is a Nonresident Proposer, you must provide the following information for your resident state (the state in
which your company’s principal place of business is located):
______________________________________________ _______________________________________________
Company Name Address
______________________________________________ _____________ ___________________________
City State Zip Code
A.Does your resident state require a proposer whose principal place of business is in Texas to under-price proposers
whose resident state is the same as yours by a prescribed amount or percentage to receive a comparable contract?
Yes No
B.What is the prescribed amount or percentage? $_______________ or ______________%
VENDOR EMPLOYMENT CERTIFICATION
Section 44.031(b) of the Texas Education Code establishes certain criteria that a school district must consider when
determining to whom to award a contract. Among the criteria for certain contracts is whether the vendor or the vendor’s
ultimate parent or majority owner (i) has its principal place of business in Texas; or (ii) employs at least 500 people in
Texas.
If neither your company nor the ultimate parent company or majority owner has its principal place of business in Texas,
does your company, ultimate parent company, or majority owner employ at least 500 people in Texas?
Please check (√) one of the following:
Yes No
By signature below, I certify that the information in Sections 1 (Resident/Nonresident Certification) and 2 (Vendor
Employment Certification) above is true, complete and accurate and that I am authorized by my company to make this
certification.
________________________________________
Company Name
________________________________________ ________________________________
Signature of Authorized Company Official Printed Name
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NO ISRAEL BOYCOTT CERTIFICATION
Effective September 1, 2017, a Texas governmental entity may not enter into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract. (TEX. GOV’T CODE Ch. 2270)
“Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is
intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or
entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business
purposes. TEX. GOV’T CODE §808.001(1).
By signature below, I certify and verify that Vendor does not boycott Israel and will not boycott Israel during the term of
any contract awarded under this Proposal Invitation, that this certification is true, complete and accurate, and that I am
authorized by my company to make this certification.
________________________________________
Company Name
________________________________________ ________________________________
Signature of Authorized Company Official Printed Name
NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION
Effective September 1, 2017, Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may
not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist
organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas
Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be
excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign
terrorist organization is not subject to the contract prohibition.)
By signature below, I certify and verify that Vendor is not on the Texas Comptroller’s list identified above; that this
certification is true, complete and accurate; and that I am authorized by my company to make this certification.
________________________________________
Company Name
________________________________________ ________________________________
Signature of Authorized Company Official Printed Name
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H ISTORICALLY U NDERUTILIZED B USINESS C ERTIFICATION
A proposer that has been certified as a Historically Underutilized Business (also known as a Minority/Women Business
Enterprise or “MWBE” and all referred to in this form as a “HUB”) is encouraged to indicate its HUB certification status
when responding to this Proposal Invitation. The electronic catalogs will indicate HUB certifications for vendors that
properly indicate and document their HUB certification on this form.
Please check (√) all that apply:
I certify that my company has been certified as a HUB in the following categories:
Minority Owned Business
Women Owned Business
Service-Disabled Veteran Owned Business (veteran defined by 38 U.S.C. §101(2), who has a
service-connected disability as defined by 38 U.S.C. § 101(16), and who has a disability rating
of 20% or more as determined by the U. S. Department of Veterans Affairs or Department of
Defense)
Certification Number:
____________________________________________________
Name of Certifying Agency:
____________________________________________________
My company has NOT been certified as a HUB.
By signature below, I certify that the above is true, complete and accurate and that I am authorized by my
company to make this certification.
___________________________________________________________
Company Name
___________________________________________________________
Printed Name
___________________________________________________________
Signature of Authorized Company Official
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CONSTRUCTION-RELATED GOODS AND SERVICES AFFIRMATION
A contract awarded under this Proposal Invitation covers only the specific goods and services awarded by the BuyBoard. As
explained in the BuyBoard Procurement and Construction Related Goods and Services Advisory for Texas Members
(“Advisory”), Texas law prohibits the procurement of architecture or engineering services through a
purchasing cooperative. This BuyBoard contract does not include such services. Architecture or engineering
services must be procured by a Cooperative member separately, in accordance with the Professional
Services Procurement Act (Chapter 2254 of the Texas Government Code) and other applicable law and local
policy.
The Advisory, available at buyboard.com/Vendor/Resources.aspx, provides an overview of certain legal requirements that
are potentially relevant to a Cooperative member’s procurement of construction or construction-related goods and services,
including those for projects that may involve or require architecture, engineering or independent testing services. A copy
of the Advisory can also be provided upon request.
By signature below, the undersigned affirms that Proposer has obtained a copy of the Advisory, has read and understands
the Advisory, and is authorized by Proposer to make this affirmation. If Proposer sells construction-related goods or
services to a Cooperative member under a BuyBoard contract awarded under this Proposal Invitation, Proposer will comply
with the Advisory and applicable legal requirements, make a good faith effort to make its Cooperative member customers
or potential Cooperative member customers aware of such requirements, and provide a Cooperative member with a copy
of the Advisory before executing a Member Construction Contract with the member or accepting the member’s purchase
order for construction-related goods or services, whichever comes first.
_______________________________________________
Company Name
_______________________________________ ______________________________________
Signature of Authorized Company Official Printed Name
________________________________________
Date
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D EVIATION AND C OMPLIANCE
If your company intends to deviate from the General Terms and Conditions, Proposal Specifications or other requirements
associated with this Proposal Invitation, you MUST list all such deviations on this form, and provide complete and detailed
information regarding the deviations on this form or an attachment to this form. The Cooperative will consider any
deviations in its contract award decision, and reserves the right to accept or reject a proposal based upon any submitted
deviation.
In the absence of any deviation identified and described in accordance with the above, your company must fully comply
with the General Terms and Conditions, Proposal Specifications and all other requirements associated with this Proposal
Invitation if awarded a contract under this Proposal Invitation. A deviation will not be effective unless accepted by the
Cooperative. The Cooperative may, in its sole discretion, seek clarification from and/or communicate with Proposer(s)
regarding any submitted deviation, consistent with general procurement principles of fair competition. The Cooperative
reserves the right to accept or reject a proposal based upon any submitted deviation.
Please check (√) one of the following:
No; Deviations
Yes; Deviations
List and fully explain any deviations you are submitting:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
PLEASE PROVIDE THE FOLLOWING INFORMATION:
1.Shipping Via: Common Carrier Company Truck Prepaid and Add to Invoice Other:
____________________________________________________________________________________________________
2.Payment Terms: Net 30 days 1% in 10/Net 30 days Other:
____________________________________________________________________________________________________
3.Number of Days for Delivery: ________ARO
4.Vendor Reference/Quote Number: ___________________________
5.State your return policy: _____________________________________________________________________________
____________________________________________________________________________________________________
6. Are electronic payments acceptable? Yes No
7. Are credit card payments acceptable? Yes No
______________________________________
Company Name
______________________________________ _____________________________________
Signature of Authorized Company Official Printed Name
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L OCATION/AUTHORIZED S ELLER L ISTINGS
If you have more than one location/authorized seller that will service a contract awarded under this Proposal Invitation,
please list each location/authorized seller below. If additional sheets are required, please duplicate this form as necessary.
NOTE: Awarded Vendors shall remain responsible for all aspects of the Contract, including processing of Purchase Orders,
and shall be responsible for the performance of all locations and authorized sellers under and in accordance with the
Contract. If you are a product manufacturer and wish to designate Designated Dealers as defined in the General Terms
and Conditions to receive Cooperative member Purchase Orders on your behalf, you must complete the Manufacturer
Designated Dealer form.
____________________________________________________________________________________________________
Company Name
____________________________________________________________________________________________________
Address
_____________________________________ _________________________ _________________
City State Zip
_________________________________________ _______________________________________
Phone Number Fax Number
____________________________________________________________________________________________________
Contact Person
____________________________________________________________________________________________________
Company Name
____________________________________________________________________________________________________
Address
_____________________________________ _________________________ _________________
City State Zip
_________________________________________ _______________________________________
Phone Number Fax Number
____________________________________________________________________________________________________
Contact Person
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M ANUFACTURER D EALER D ESIGNATION
If Vendor is a manufacturer that sells products through a dealer network and wishes to designate a dealer or multiple
dealers (“Designated Dealers”) to receive Cooperative member Purchase Orders on Vendor’s behalf, you must complete
this form for each dealer you wish to designate.
Regardless of any Designated Dealers submitted by Vendor, Vendor specifically agrees and acknowledges that any such
designations are for Vendor’s convenience only and shall not, if Vendor is awarded a Contract, relieve Vendor of any
obligations under the Contract, including payment of Cooperative service fees on all Purchase Orders submitted to Vendor
or any Designated Dealer. In accordance with the General Terms and Conditions, an awarded Vendor shall remain
responsible and liable for all of its obligations under the Contract and the performance of both Vendor and any of Vendor’s
Designated Dealers under and in accordance with the Contract and remain subject to all remedies for default thereunder,
including, but not limited to suspension and termination of Vendor’s Contract for nonpayment of service fees.
If awarded, Vendor authorizes the Cooperative, in its sole discretion, to list any Vendor Designated Dealers in the BuyBoard
system and to receive Purchase Orders directly from Cooperative members on behalf of Vendor. To the extent a Vendor
with Designated Dealers receives a Purchase Order directly, it shall be the responsibility of Vendor to appropriately process
such Purchase Order in accordance with the Contract, including but not limited to timely forwarding such Purchase Order to
a Designated Dealer for processing.
The Cooperative reserves the right, in its sole discretion, to refuse addition of, or request removal of, any Designated
Dealer, and Vendor agrees to immediately require such Designated Dealer to cease accepting Purchase Orders or otherwise
acting on Vendor’s behalf under the Contract. Further, the Cooperative’s administrator shall be authorized to remove or
suspend any or all Designated Dealers from the BuyBoard at any time in its sole discretion.
If you wish to designate a dealer to service a contract awarded under this Proposal Invitation, please list the Designated
Dealer below and have this form signed by an official of your company authorized to make such designation. If you wish
to designate multiple dealers, please duplicate this form as necessary.
____________________________________________________________________________________________________
Designated Dealer Name
____________________________________________________________________________________________________
Designated Dealer Address
_____________________________________ _________________________ _________________
City State Zip
_________________________________________ _______________________________________
Phone Number Fax Number
_________________________________________ _____________________________________________________
Email address Designated Dealer Tax ID Number* (*attach W-9)
____________________________________________________________________________________________________
Designated Dealer Contact Person
________________________________________ ___________________________________________________
Your Company Name Signature of Authorized Company Official
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T EXAS R EGIONAL S ERVICE D ESIGNATION
The Cooperative (referred to as “Texas Cooperative” in this form and in the State Service Designation form) offers vendors
the opportunity to service its members throughout the entire State of Texas. If you do not plan to service all Texas
Cooperative members statewide, you must indicate the specific regions you will service on this form. If you propose to
serve different regions for different products or services included in your proposal, you must complete and
submit a separate Texas Regional Service Designation form for each group of products and clearly indicate
the products or services to w hich the designation applies in the space provided at the end of this form. By
designating a region or regions, you are certifying that you are authorized and willing to provide the
proposed products and services in those regions. Designating regions in which you are either unable or
unwilling to provide the specified products and services shall be grounds for either rejection of your
proposal or, if awarded, termination of your Contract. Additionally, if you do not plan to service Texas Cooperative
members (i.e., if you will service only states other than Texas), you must so indicate on this form.
_____________________________________________________
Company Name
_________________________________________________
Signature of Authorized Company Official
_________________________________________________
Printed Name
I will service Texas
Cooperative members
statewide.
I will not service Texas
Cooperative members
statewide. I will only
service members in the
regions checked below:
Region Headquarters 1 Edinburg
2 Corpus Christi
3 Victoria
4 Houston 5 Beaumont 6 Huntsville
7 Kilgore
8 Mount Pleasant
9 Wichita Falls
10 Richardson 11 Fort Worth 12 Waco
13 Austin
14 Abilene
15 San Angelo
16 Amarillo 17 Lubbock 18 Midland
19 El Paso
20 San Antonio
I will not service members
of the Texas Cooperative.
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If this Texas Regional Service Designation form applies to only one or some of the products and services proposed by
Vendor, list the products and services to which this form applies here:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
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S TATE S ERVICE D ESIGNATION
The Cooperative offers vendors the opportunity to service other governmental entities in the United States, including
intergovernmental purchasing cooperatives such as the National Purchasing Cooperative BuyBoard. You must complete
this form if you plan to service the entire United States, or will service only the specific states indicated. (Note: If you plan
to service Texas Cooperative members, be sure that you complete the Texas Regional Service Designation form.)
If you serve different states for different products or services included in your proposal, you must complete
and submit a separate State Service Designation form for each group of products and clearly indicate the
products or services to which the designation applies in the space provided at the end of this form. By
designating a state or states, you are certifying that you are authorized and willing to provide the proposed
products and services in those states. Designating states in which you are either unable or unwilling to
provide the specified products and services shall be grounds for either rejection of your proposal or, if
awarded, termination of your Contract.
Please check (√) all that apply:
I will service all states in the United States.
I will not service all states in the United States. I will service only the states checked below:
Alabama
Alaska Nebraska
Arizona Nevada
Arkansas New Hampshire
California (Public Contract Code 20118 & 20652) New Jersey
Colorado New Mexico
Connecticut New York
Delaware North Carolina
District of Columbia North Dakota
Florida Ohio
Georgia Oklahoma
Hawaii Oregon
Idaho Pennsylvania
Illinois Rhode Island
Indiana South Carolina
Iowa South Dakota
Kansas Tennessee
Kentucky Texas
Louisiana Utah
Maine Vermont
Maryland Virginia
Massachusetts Washington
Michigan West Virginia
Minnesota Wisconsin
Mississippi Wyoming
Missouri
Montana
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___________________________________________________
Company Name
___________________________________________ ________________________________
Signature of Authorized Company Official Printed Name
If this State Service Designation form applies to only one or some of the products and services proposed by Vendor,
list the products and services to which this form applies here:
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
This form will be used to ensure that you can service other governmental entities throughout the United States as
indicated. Your signature below confirms that you understand your service commitments during the term of a
contract awarded under this proposal.
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NATIONAL PURCHASING COOPERATIVE VENDOR AWARD AGREEMENT
In accordance with the Terms and Conditions associated with this Proposal Invitation, a contract awarded under this
Proposal Invitation may be “piggy-backed” by another governmental entity. The National Purchasing Cooperative is an
intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve its members
throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing
Cooperative, you agree to the following terms and agree to serve National Purchasing Cooperative members in the states
you have indicated on the State Service Designation form, in your Proposal.
By signing this form, Proposer (referred to in this Agreement as “Vendor”) agrees as follows:
1.Vendor acknowledges that if The Local Government Purchasing Cooperative (“Texas Cooperative”) awards Vendor a
contract under this Proposal Invitation (“Underlying Award”), the National Purchasing Cooperative (“National Cooperative”)
may - but is not required to - “piggy-back” on or re-award all or a portion of that Underlying Award (“Piggy-Back Award”).
By signing this National Cooperative Vendor Award Agreement (“Agreement”), Vendor accepts and agrees to be bound by
any such Piggy-Back Award as provided for herein.
2.In the event National Cooperative awards Vendor a Piggy-Back Award, the National Cooperative Administrator
(“BuyBoard Administrator”) will notify Vendor in writing of such Piggy-Back Award, which award shall commence on the
effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as
authorized in writing by the BuyBoard Administrator. Vendor agrees that no further signature or other action is required of
Vendor in order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no
interlineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are
agreed to by its BuyBoard Administrator in writing.
3. Vendor agrees that it shall offer its goods and services to National Cooperative members at the same unit pricing and
same general terms and conditions, subject to applicable state laws in the state of purchase, as required by the Underlying
Award. However, nothing in this Agreement prevents Vendor from offering National Cooperative members better (i.e.,
lower) competitive pricing and more favorable terms and conditions than those in the Underlying Award.
4.Vendor hereby agrees and confirms that it will serve those states it has designated on the State Service Designation
Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be
approved in writing by the BuyBoard Administrator.
5. Vendor agrees to pay National Cooperative the service fee provided for in the Underlying Award based on the amount of
purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to
National Cooperative on such schedule as it specifies (which shall not be more often than monthly). Further, upon
request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative
members for purposes of reviewing and verifying purchase activity. Vendor further agrees that National Cooperative shall
have the right, upon reasonable written notice, to review Vendor’s records pertaining to purchases made by National
Cooperative members in order to verify the accuracy of service fees.
6. Vendor agrees that the Underlying Award, including its General Terms and Conditions, are adopted by reference to the
fullest extent such provisions can reasonably apply to the post-proposal/contract award phase. The rights and
responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall inure to
National Cooperative; and, conversely, the rights and responsibilities that would ordinarily inure to Vendor in the Underlying
Award shall inure to Vendor in this Agreement. Vendor recognizes and agrees that Vendor and National Cooperative are the
only parties to this Agreement, and that nothing in this Agreement has application to other third parties, including the
Texas Cooperative. In the event of conflict between this Agreement and the terms of the Underlying Award, the terms of
this Agreement shall control, and then only to the extent necessary to reconcile the conflict.
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7.This Agreement shall be governed and construed in accordance with the laws of the State of Rhode Island and venue
for any dispute shall lie in the federal district court of Alexandria, Virginia.
8. Vendor acknowledges and agrees that the award of a Piggy-Back Award is within the sole discretion of National
Cooperative, and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy-
Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein.
WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter into this
Agreement.
_______________________________________ ___________________________________________
Name of Vendor Proposal Invitation Number
_______________________________________ ___________________________________________
Signature of Authorized Company Official Printed Name of Authorized Company Official
__________________________________
Date
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FEDERAL AND STATE/PURCHASING COOPERATIVE EXPERIENCE
The Cooperative strives to provide its members with the best services and products at the best prices available from
vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions.
1.Provide the dollar value of sales to or through purchasing cooperatives at or based on an established catalog or
market price during the previous 12-month period or the last fiscal year: $______________. (The period of the 12
month period is _________/_________). In the event that a dollar value is not an appropriate measure of the sales,
provide and describe your own measure of the sales of the item(s).
2.By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the
Cooperative are equal to or better than the best price you offer other purchasing cooperatives for the same items
under equivalent circumstances.
3.Provide the information requested below for other purchasing cooperatives for which Proposer currently serves, or in
the past has served, as an awarded vendor. Rows should be added to accommodate as many purchasing
cooperatives as required.
PURCHASING
GROUP
CURRENT
VENDOR?
(Y/N)
FORMER VENDOR (Y/N)? –
IF YES, LIST YEARS
AS VENDOR
AWARDED
COMMODITY
CATEGORY(IES)
1.Federal General Services Administration
2. T-PASS (State of Texas)
3. U.S. Communities Purchasing Alliance
4.National IPA/TCPN
5.Houston-Galveston Area Council (HGAC)
6.National Joint Powers Alliance (NJPA)
7.E&I Cooperative
8.The Interlocal Purchasing System (TIPS)
9. Other
MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS.
CURRENT BUYBOARD VENDORS
If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the
discount for your current BuyBoard contract and the proposed discount in this Proposal. Explain any difference between
your current and proposed discounts.
Current Discount (%):_________________________ Proposed Discount (%):________________________
Explanation: _________________________________________________________________________________________
____________________________________________________________________________________________________
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By signature below, I certify that the above is true, complete and accurate and that I am authorized by my company to
make this certification.
________________________________________________
Company Name
_______________________________________ _____________________________________
Signature of Authorized Company Official Printed Name
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G OVERNMENTAL R EFERENCES
For your Proposal to be considered, you must supply a minimum of five (5) individual governmental entity references. The
Cooperative may contact any and all references provided as part of the Proposal evaluation. Provide the information
requested below, including the existing price/discounts you offer each customer. The Cooperative may determine whether
prices/discounts are fair and reasonable by comparing prices/discounts stated in your Proposal with the prices/discounts
you offer other governmental customers. Attach additional pages if necessary.
Quantity/
Entity Name Contact Phone# Email Address Discount Volume______
1._________________________________________________________________________________________________
2.__________________________________________________________________________________________________
3.__________________________________________________________________________________________________
4.__________________________________________________________________________________________________
5.__________________________________________________________________________________________________
Do you ever modify your written policies or standard governmental sales practices as identified in the above chart to give
better discounts (lower prices) than indicated? YES NO If YES, please explain:
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________
By signature below, I certify that the above is true and correct and that I am authorized by my company to make this
certification.
________________________________________________
Company Name
________________________________________________
Signature of Authorized Company Official
________________________________________________
Printed Name
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M ARKETING S TRATEGY
For your Proposal to be considered, you must submit the Marketing Strategy you will use if the Cooperative accepts all or
part of your Proposal. (Example: Explain how your company will initially inform Cooperative members of your BuyBoard
contract, and how you will continue to support the BuyBoard for the duration of the contract period.)
Attach additional pages if necessary.
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
________________________________________________
Company Name
________________________________________________
Signature of Authorized Company Official
________________________________________________
Printed Name
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CONFIDENTIAL/PROPRIETARY INFORMATION
A.Public Disclosure Laws
All Proposals, forms, documentation, or other materials submitted by Vendor to the Cooperative in response to this
Proposal Invitation, including catalogs and pricelists, may be subject to the disclosure requirements of the Texas Public
Information Act (Texas Government Code chapter 552.001, et. seq.) or similar disclosure law. Proposer must clearly
identify on this form any information in its Proposal (including forms, documentation, or other materials submitted with the
Proposal) that Proposer considers proprietary or confidential. If Proposer fails to properly identify the information, the
Cooperative shall have no obligation to notify Vendor or seek protection of such information from public disclosure should a
member of the public or other third party request access to the information under the Texas Public Information Act or
similar disclosure law. Proposer will be notified of any third party request for information in a Proposal that Proposer has
identified in this form as proprietary or confidential.
Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain information
which Vendor considers proprietary or confidential?
Please check (√) one of the following:
NO, I certify that none of the information included with this Proposal is considered confidential or proprietary.
YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is
specifically identified on this form.
If you responded “YES”, you must identify below the specific information you consider confidential or proprietary. List each
page number, form number, or other information sufficient to make the information readily identifiable. The Cooperative
and its Administrator will not be responsible for a Proposer’s failure to clearly identify information considered confidential or
proprietary. Further, by submitting a Proposal, Proposer acknowledges that the Cooperative and its Administrator will
disclose information when required by law, even if such information has been identified herein as information the vendor
considers confidential or proprietary.
Confidential / Proprietary Information:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
(Attach additional sheets if needed.)
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B.Copyright Information
Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright
information?
Please check (√) one of the following:
NO, Proposal (including forms, documentation, or other materials submitted with the Proposal) does not
contain copyright information.
YES, Proposal (including forms, documentation, or other materials submitted with the Proposal) does
contain copyright information.
If you responded “YES”, identify below the specific documents or pages containing copyright information.
Copyright Information: _________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
(Attach additional sheets if needed.)
C.Consent to Release Confidential/Proprietary/Copyright Information to BuyBoard Members
BuyBoard members (Cooperative and nonprofit members) seeking to make purchases through the BuyBoard may wish to
view information included in the Proposals of awarded Vendors. If you identified information on this form as confidential,
proprietary, or subject to copyright, and you are awarded a BuyBoard contract, your acceptance of the BuyBoard contract
award constitutes your consent to the disclosure of such information to BuyBoard members, including posting of such
information on the secure BuyBoard website for members. Note: Neither the Cooperative nor its Administrator will be
responsible for the use or distribution of information by BuyBoard members or any other party.
D.Consent to Release Proposal Tabulation
Notwithstanding anything in this Confidential/Proprietary Information form to the contrary, by submitting a Proposal,
Vendor consents and agrees that, upon Contract award, the Cooperative may publically release, including posting on the
public BuyBoard website, a copy of the proposal tabulation for the Contract including Vendor name; proposed
catalog/pricelist name(s); proposed percentage discount(s), hourly labor rate(s), or other specified pricing; and Vendor
award or non-award information.
By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by
my company to make this certification and all consents and agreements contained herein.
_______________________________________
Company Name
_______________________________________
Signature of Authorized Company Official
_______________________________________
Printed Name
_______________________________________
Date
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V ENDOR B USINESS N AME
By submitting a Proposal, Proposer is seeking to enter into a legal contract with the Cooperative. As such, a Proposer must
be an individual or legal business entity capable of entering into a binding contract. Proposers, must completely and
accurately provide the information requested below or your Proposal may be deemed non-responsive.
Name of Proposing Company: ____________________________________________________________
(List the legal name of the company seeking to contract with the Cooperative. Do NOT list an assumed name, dba, aka, etc. here. Such information may
be provided below. If you are submitting a joint proposal with another entity to provide the same proposed goods or services, each submitting entity
should complete a separate vendor information form. Separately operating legal business entities, even if affiliated entities, which propose to provide
goods or services separately must submit their own Proposals.)
Please check (√) one of the following:
Type of Business:
Individual/Sole Proprietor _____
Corporation _____
Limited Liability Company _____
Partnership _____
Other _____ If other, identify ________________________
________________________
________________________
State of Incorporation (if applicable): ___________________________
Federal Employer Identification Number: ___________________________
(Vendor must include a completed IRS W-9 form with their proposal)
List the Name(s) by which Vendor, if awarded, wishes to be identified on the BuyBoard: (Note: If different than the Name of
Proposing Company listed above, only valid trade names (dba, aka, etc.) of the Proposing Company may be used and a copy of your Assumed Name
Certificate(s), if applicable, must be attached.)
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
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EDGAR VENDOR CERTIFICATION
(2 CFR Part 200 and Appendix II)
When a Cooperative member seeks to procure goods and services using funds under a federal grant or contract, specific
federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited
to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or new “EDGAR”). All Vendors submitting
proposals must complete this EDGAR Certification Form regarding Vendor’s willingness and ability to comply with certain
requirements which may be applicable to specific Cooperative member purchases using federal grant funds. This
completed form will be made available to Cooperative members for their use while considering their purchasing options
when using federal grant funds. Cooperative members may also require Vendors to enter into ancillary agreements, in
addition to the BuyBoard contract’s general terms and conditions, to address the member’s specific contractual needs,
including contract requirements for a procurement using federal grants or contracts.
For each of the items below, Vendor should certify Vendor’s agreement and ability to comply, where
applicable, by having Vendor’s authorized representative complete and initial the applicable boxes and sign
the acknowledgment at the end of this form. If you fail to complete any item in this form, the Cooperative
will consider and may list the Vendor’s response on the BuyBoard as “NO,” the Vendor is unable or unwilling
to comply. A “NO” response to any of the items may, if applicable, impact the ability of a Cooperative member to
purchase from the Vendor using federal funds.
1. Vendor Violation or Breach of Contract Terms:
Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils)
as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Provisions regarding Vendor default are included in the BuyBoard General Terms and Conditions, including Section E.18,
Remedies for Default and Termination of Contract. Any Contract award will be subject to such BuyBoard General Terms
and Conditions, as well as any additional terms and conditions in any Purchase Order, Cooperative member ancillary
contract, or Member Construction Contract agreed upon by Vendor and the Cooperative member which must be consistent
with and protect the Cooperative member at least to the same extent as the BuyBoard Terms and Conditions.
The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By
submitting a Proposal, you agree to these Vendor violation and breach of contract terms.
2. Termination for Cause or Convenience:
For any Cooperative member purchase or contract in excess of $10,000 made using federal funds, you agree that the
following term and condition shall apply:
The Cooperative member may terminate or cancel any purchase order under this Contract at any time, with or without
cause, by providing seven (7) business days advance written notice to the Vendor. If this Agreement is terminated in
accordance with this Paragraph, the Cooperative member shall only be required to pay Vendor for goods or services
delivered to the Cooperative member prior to the termination and not otherwise returned in accordance with Vendor’s
return policy. If the Cooperative member has paid Vendor for goods or services not yet provided as of the date of
termination, Vendor shall immediately refund such payment(s).
If an alternate provision for termination of a Cooperative member purchase for cause and convenience, including the
manner by which it will be effected and the basis for settlement, is included in the Cooperative member’s purchase order,
ancillary agreement, or Member Construction Contract agreed to by the Vendor, the Cooperative member’s provision shall
control.
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3. Equal Employment Opportunity:
Except as otherwise provided under 41 CFR Part 60, all Cooperative member purchases or contracts that meet the
definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal
opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment
Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR
Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that
such provision applies to any Cooperative member purchase or contract that meets the definition of “federally assisted
construction contract” in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision.
4. Davis-Bacon Act:
When required by Federal program legislation, Vendor agrees that, for all Cooperative member prime construction
contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-
3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Vendor is required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by
the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week.
Current prevailing wage determinations issued by the Department of Labor are available at wdol.gov. Vendor agrees that,
for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor’s
acceptance of the wage determination.
Vendor further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or
subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
5. Contract Work Hours and Safety Standards Act:
Where applicable, for all Cooperative member contracts or purchases in excess of $100,000 that involve the employment of
mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is 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 USC 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.
6. Right to Inventions Made Under a Contract or Agreement:
If the Cooperative member’s Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance or experimental, developmental, or research work under that “funding
agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency.
Vendor agrees to comply with the above requirements when applicable.
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7. Clean Air Act and Federal Water Pollution Control Act:
Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended –
Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to
agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-
7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean
Air Act and the Federal Water Pollution Control Act.
8. Debarment and Suspension:
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be
made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with
the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3
CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549.
Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended,
or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order
12549. Vendor further agrees to immediately notify the Cooperative and all Cooperative members with pending purchases
or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred,
suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
9. Byrd Anti-Lobbying Amendment:
Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the
required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member
of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and
otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).
10. Procurement of Recovered Materials:
For Cooperative member purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information
and certifications as a Cooperative member may require to confirm estimates and otherwise comply. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR
Part 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.
11. Profit as a Separate Element of Price:
For purchases using federal funds in excess of $150,000, a Cooperative member may be required to negotiate profit as a
separate element of the price. See, 2 CFR 200.323(b). When required by a Cooperative member, Vendor agrees to
provide information and negotiate with the Cooperative member regarding profit as a separate element of the price for a
particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the Cooperative
member shall not exceed the awarded pricing, including any applicable discount, under Vendor’s Cooperative Contract.
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Proposal Forms COMM/SVCS v.01.12.2018
12.General Compliance and Cooperation with Cooperative Members:
In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a Cooperative
member, it shall make a good faith effort to work with Cooperative members to provide such information and to satisfy
such requirements as may apply to a particular Cooperative member purchase or purchases including, but not limited to,
applicable recordkeeping and record retention requirements.
Vendor Certification Item No.
Vendor Certification:
YES, I agree or
NO, I do NOT agree Initial
1.Vendor Violation or Breach of Contract Terms
2.Termination for Cause or Convenience
3.Equal Employment Opportunity
4.Davis-Bacon Act
5.Contract Work Hours and Safety Standards Act
6.Right to Inventions Made Under a Contract or Agreement
7.Clean Air Act and Federal Water Pollution Control Act
8.Debarment and Suspension
9.Byrd Anti-Lobbying Amendment
10.Procurement of Recovered Materials
11.Profit as a Separate Element of Price
12.General Compliance and Cooperation with Cooperative Members
By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by
my company to make this certification and all consents and agreements contained herein.
__________________________________________
Company Name
__________________________________________
Signature of Authorized Company Official
__________________________________________
Printed Name
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12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com
Proposal Forms COMM/SVCS v.01.12.2018
PROPOSAL INVITATION QUESTIONNAIRE
The Cooperative will use your responses to the questions below in evaluating your Proposal and technical and financial
resources to provide the goods and perform the services (“Work”) under the BuyBoard contract contemplated by this
Proposal Invitation (“Contract”). Proposers must fully answer each question, numbering your responses to correspond to
the questions/numbers below. Proposers must complete below or attach your responses to this questionnaire, sign where
indicated below, and submit the signed questionnaire and your responses to all questions in one document with your
Proposal. You must submit the signed questionnaire and responses with your Proposal or the Proposal will
not be considered.
1.List the number of years Proposer has been in business and former business names (if applicable). Note whether your
company is currently for sale or involved in any transaction that would significantly alter its business or result in
acquisition by another entity.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
2.Describe the resources Proposer has to manage staff and successfully perform the Work contemplated under this
Contract. State the number and summarize the experience of company personnel who may be utilized for the Work,
including those who will be available to Cooperative members for assistance with project development, technical issues,
and product selection for Work associated with this Contract.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
3.Describe Proposer’s financial capability to perform the Contract. State or describe the firm’s financial strength and
rating, bonding capacity, and insurance coverage limits. State whether the firm, or any of the firm’s past or present
owners, principal shareholders or stockholders, or officers, have been a debtor party to a bankruptcy, receivership, or
insolvency proceeding in the last 7 years, and identify any such debtor party by name and relationship to or position
with your firm.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
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12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com
Proposal Forms COMM/SVCS v.01.12.2018
4.Does your company have any outstanding financial judgments and/or is it currently in default on any loan or financing
agreement? If so, provide detailed information on the nature of such items and prospects for resolution.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
5.List all contracts, if any, in the last 10 years on which Proposer has defaulted, failed to complete or deliver the work, or
that have been terminated for any reason. For each such contract, provide the project name, scope, value and date
and the name of the procuring entity. Fully explain the circumstances of the default, failure to complete or deliver the
work, or termination.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
6.List all litigation or other legal proceedings (including arbitration proceedings), if any, in the last 10 years brought
against your firm, or any of the firm’s past or present owners, principal shareholders or stockholders, officers, agents or
employees, that relates to or arises from a contract similar to this Contract or the work contemplated under this
Contract. Provide the style of the lawsuit or proceeding (name of parties and court or tribunal in which filed), nature of
the claim, and resolution or current status.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
By signature below, I certify that the information contained in and/or attached to this Proposal Invitation
Questionnaire in response to the above questions is true and correct and that I am authorized by my
company to make this certification.
________________________________________________
Company Name
________________________________________________
Signature of Authorized Company Official
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12007 Research Boulevard · Austin, Texas 78759-2439 · PH: 800-695-2919 · FAX: 800-211-5454 · buyboard.com
Proposal Forms COMM/SVCS v.01.12.2018
R EQUIRED F ORMS C HECKLIST
(Please check (√) the following)
Completed: Proposer’s Agreement and Signature
Completed: Vendor Contact Information
Completed: Felony Conviction Disclosure and Debarment Certification
Completed: Resident/Nonresident Certification
Completed: No Israel Boycott Certification
Completed: No Excluded Nation or Foreign Terrorist Organization Certification
Completed: Historically Underutilized Business (HUB) Certification)
Completed: Construction Related Goods and Services Affirmation
Completed: Deviation/Compliance
Completed: Location/Authorized Seller Listings
Completed: Manufacturer Dealer Designation
Completed: Texas Regional Service Designation
Completed: State Service Designation
Completed: National Purchasing Cooperative Vendor Award Agreement
Completed: Federal and State/Purchasing Cooperative Experience
Completed: Governmental References
Completed: Marketing Strategy
Completed: Confidential/Proprietary Information
Completed: Vendor Business Name with IRS Form W-9
Completed: EDGAR Vendor Certification
Completed: Proposal Invitation Questionnaire
Completed: Required Forms Checklist
Completed: Proposal Specification Form with Catalogs/Pricelists
*Catalogs/Pricelists must be submitted with proposal response or response will not be considered.
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Proposal Invitation No. 569-18-Custodial Supplies and Equipment
(Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considered¹.)
PROPOSAL NOTE
1. Catalogs/Pricelists are required to be submitted with Proposal
PROPOSAL SPECIFICATION FORM
Item
No. Short Description Full Description
State Percent (%) of
Discount off
Catalog/Pricelist¹
State Name of
Catalog/Pricelist¹
Exceptions to
Discount
1
Discount (%) Off
Catalog/Pricelist for
Custodial Paper Products
and Dispensers
Please state the discount (%) off catalog/pricelist for Custodial
Paper Products and Dispensers (Roll towels, multi-fold towels,
tissue, similar related products). Catalog/Pricelist MUST be included or
proposal will not be considered.
______________%
2
Discount (%) Off
Catalog/Pricelist for
Custodial Chemicals
Please state the discount (%) off catalog/pricelist for Custodial
Chemicals. Catalog/Pricelist MUST be included or proposal will not be
considered.
______________%
3
Discount (%) Off
Catalog/Pricelist for
Custodial Cleaning
Supplies
Please state the discount (%) off catalog/pricelist for Custodial
Cleaning Supplies. Catalog/Pricelist MUST be included or proposal will
not be considered.
______________%
4
Discount (%) Off
Catalog/Pricelist for
Custodial Chemical
Dispensing Systems
Please state the discount (%) off catalog/pricelist for Custodial
Chemical Dispensing Systems. Catalog/Pricelist MUST be included or
proposal will not be considered.
______________%
5
Discount (%) Off
Catalog/Pricelist for Floor
Maintenance and
Custodial Equipment
Please state the discount (%) off catalog/pricelist for Floor
Maintenance and Custodial Equipment. Catalog/Pricelist MUST be
included or proposal will not be considered.
______________%
Section I: Equipment, Products, and Supplies
NOTE 1: Vendors proposing various manufacturer product lines per line item on the Proposal Specification Form must submit the information as follows or
proposal may not be considered:
Manufacturers shall be listed in alphabetical order
Vendor’s must list one specific percentage discount for each Manufacturer listed.
If a vendor’s response to Proposal Specification Form states “please see attachment sheet,” all manufacturers listed on the attachment sheet must indicate
per manufacturer the line item that correlates to Proposal Specification Form or Vendor’s proposal may not be considered.
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Page 78 of 80
Proposal Invitation No. 569-18-Custodial Supplies and Equipment
(Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considered¹.)
PROPOSAL NOTE
1. Catalogs/Pricelists are required to be submitted with Proposal
PROPOSAL SPECIFICATION FORM
Item
No. Short Description Full Description
State Percent (%) of
Discount off
Catalog/Pricelist¹
State Name of
Catalog/Pricelist¹
Exceptions to
Discount
6
Discount (%) Off
Catalog/Pricelist for Soap
and Skincare Products
Please state the discount (%) off catalog/pricelist for Soap and
Skincare Products. Catalog/Pricelist MUST be included or proposal will
not be considered.
______________%
7
Discount (%) Off
Catalog/Pricelist for
Trash Receptacles
Please state the discount (%) off catalog/pricelist for Trash
Receptacles. Catalog/Pricelist MUST be included or proposal will not be
considered.
______________%
8
Discount (%) Off
Catalog/Pricelist for Can
Liners
Please state the discount (%) off catalog/pricelist for Can Liners.
Catalog/Pricelist MUST be included or proposal will not be considered.______________%
9
Discount (%) Off
Catalog/Pricelist for
Disposable Food Service
and Breakroom Supplies
Please state the discount (%) off catalog/pricelist for Disposable
Food Service and Breakroom Supplies. Catalog/Pricelist MUST be
included or proposal will not be considered.
______________%
10
Discount (%) Off
Catalog/Pricelist for
Custodial Safety Products
Please state the discount (%) off catalog/pricelist for Custodial
Safety Products. Catalog/Pricelist MUST be included or proposal will not
be considered.
______________%
11
Discount (%) Off
Catalog/Pricelist for Floor
Mats
Please state the discount (%) off catalog/pricelist for Floor Mats.
Catalog/Pricelist MUST be included or proposal will not be considered.______________%
12
Discount (%) Off
Catalog/Pricelist for
Repair Parts for Floor
Maintenance and
Custodial Equipment
Please state the discount (%) off catalog/pricelist for Repair Parts
for Floor Maintenance and Custodial Equipment. Catalog/Pricelist
MUST be included or proposal will not be considered.
______________%
Page 44 of 65
Page 79 of 80
Proposal Invitation No. 569-18-Custodial Supplies and Equipment
(Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considered¹.)
PROPOSAL NOTE
1. Catalogs/Pricelists are required to be submitted with Proposal
PROPOSAL SPECIFICATION FORM
Item
No. Short Description Full Description
State Percent (%) of
Discount off
Catalog/Pricelist¹
State Name of
Catalog/Pricelist¹
Exceptions to
Discount
13
Discount (%) Off
Catalog/Pricelist for All
Other Custodial Products
Please state the discount (%) off catalog/pricelist for All Other
Custodial Products. Catalog/Pricelist MUST be included or proposal will
not be considered.
______________%
Not to Exceed Hourly
Labor Rate
Detailed
Information on
Hourly Labor Rate
Exceptions to
Hourly Labor
Rate
14
Not to Exceed Hourly
Labor Rate for
Installation/Repair
Service of Custodial
Equipment and Products
Hourly Labor Rate for Installation/Repair Service of Custodial
Equipment and Products -- State the Not to Exceed hourly labor
rate for Installation/Repair Service of Equipment and Products.
$ ___________/Hour
Section II: Installation and Repair Service
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