HomeMy WebLinkAboutCC 2021-02-22 Agendas k4Ft,
D HILLS
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TX 76180
MONDAY, FEBRUARY 22, 2021
In compliance with the Texas Open Meetings Act and in accordance with
Section 418.016 of the Texas Government Code and such action issued by
the Governor of Texas on March 16, 2020, the North Richland Hills City
Council will conduct its regular meeting via video conference in order to
advance the public health goal of limiting face-to-face meetings (also called
"social distancing") to slow the spread of the Coronavirus (COVID-19). There
will be no public access to the City Hall location described above, unless
otherwise noted.
Video conference link:
https://bit.1�/3pxcPSh
Password: NRHCCO222
If you are not able to join the video conference there are two (2) options to
address the City Council:
(1) Complete a comment card and email it to publiccomments@nrhtx.com.
Comment cards must be received no later than 7:00 p.m.
If you would like to speak to the City Council, but do not wish to submit a
comment card by email, you may call (817) 427-6312 between 6:00 p.m. and
7:00 p.m. to register to speak.
RULES FOR SPEAKING AT CITY COUNCIL MEETING AND COMMENT
CARD CAN BE FOUND ONLINE AT
www.nrhtx.com//l 106/speaking-at- -councii-meeting
Monday, February 22, 2021 City Council Agenda
Page 1 of 5
The live steaming video of the regular meeting is available at the City's
website (nrhtx.legistar.com or nrhtx.com/video) and cable channels — Charter
Cable Channel 190 and AT&T U-Verse Channel 99.
WORK SESSION: 6:00 PM
Via Webex Video Conference
CALL TO ORDER
1. Discuss items on requiar City Council meetinq.
2. Quarterly financial report for the period ending ecember 31 , aa.
EXECUTIVE SESSION
The City Council may enter into closed Executive Session as authorized by
Chapter 551, Texas Government Code. Executive Session may be held at the
end of the Regular Session or at any time during the meeting that a need
arises for the City Council to seek advice from the city attorney (551.071) as
to the posted subject matter of this City Council meeting.
The City Council may confer privately with its attorney to seek legal advice on
any matter listed on the agenda or on any matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with Chapter
551, Texas Government Code.
1. Section 551.07Deliberate the purchase, exchange, lease or value o
real property - 6300-7100 block of Glenview Drive.
REGULAR MEETING: Immediately following executive session (but no
earlier than 7:00 p.m.)
Via Webex Video Conference
A. CALL TO ORDER
A.1 INVOCATION - COUNCIL MEMBER WRIGHT OUJESKY
A.2 PLEDGE - COUNCIL MEMBER WRIGHT OUJESKY
A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
Monday, February 22, 2021 City Council Agenda
Page 2 of 5
A.4 CITIZENS PRESENTATION
An opportunity for citizens to address the City Council on matters which are
not scheduled for consideration by the City Council or another City Board or
Commission at a later date. In order to address the City Council during
citizens presentation, register for the video conference at the link above and
join the meeting at 7:00 p.m. or submit a public comment card by 7:00 p.m. the
day of the meeting.
A.5 PUBLIC COMMENTS
An opportunity for citizens to address the City Council on matters which are
scheduled on this agenda for consideration by the City Council, but not
scheduled as a public hearing. In order to address the City Council during
public comments, register for the video conference at the link above and join
the meeting at 7:00 p.m. or submit a public comment card by 7:00 p.m. the
day of the meeting.
A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA
B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
B.1 Approve minutes from the regular February 3, 2021 City Council
meeting.
B.2 Approve award of RFBNo. 1-003 to Horizon Distributors for the
purchase of landscape chemicals and supplies in the amount o
53,11 .33.
B.3 Authorize purchase of fitness equipment for the NRH Centre from
Advanced Healthstyles Fitness Eguipment, Inc. in the amount o
1 Purchasing Contract No.
533-19.
B.4 Approve esolution No. 2021®013, authorizing submission of the grant
application and acceptance o allocated funds if awarded for the 2021
State Homeland Security Program (S SP) for Northeast Fire
epartment Association (N F Aj azar ous Material ( azMat) Area
Monitoring Eguipment Grant 457101.
B.5 Approve esolution No. 01®014, authorizing submission of the grant
application for the 2020 Assistance to Firefighters Grant (AFG) Program
® Training Props/Equipment.
Monday, February 22, 2021 City Council Agenda
Page 3 of 5
B.6 gprove esolution No. 2021-015, authorizing submission o grant
application and acceptance o allocated funds if awarded for the 2021
State Homeland Security Program (SHSP Law Enforcement Terrorism
Prevention Activities _jLE TPA} Program for Northeast xplosive
Response Team (NERT) - Exposive Ordnance Disposal (EOD) Bomb
Suit Grant #4255101.
C. PUBLIC HEARINGS
D. PLANNING AND DEVELOPMENT
E. PUBLIC WORKS
E.1 Consider the 2021 Preventive Street Maintenance Program.
E-2 Authorize the City Manager to execute an interlocal agreement with
Tarrant County to rehabilitate and resurface Stonvbrooke Drive from
Rumfield Road to Crestview Drive.
F. GENERAL ITEMS
F-1 Declaration of local disaster due to public health emergency declared bye
the Mayor of the City of North Richland Hills, Texas in accordance with
Chapter 22Article 11, Section 22-32of the City Code of Ordinances and
Texas Government Code Section 418.108due to the severe winter
storm event.
G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION
ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON
WORK SESSION AGENDA
H. INFORMATION AND REPORTS - ASSOCIATE MAYOR PRO TEM
ORR
H.1 Announcements
I. ADJOURNMENT
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills
City Council was posted at City Hall, City of North Richland Hills, Texas in
compliance with Chapter 551 , Texas Government Code on Friday, February
19, 2021 by 3:00 PM.
Monday, February 22, 2021 City Council Agenda
Page 4 of 5
Alicia Richardson
City Secretary / Chief Governance Officer
This facility is wheelchair accessible and accessible parking spaces
are available. Requests for accommodations or interpretive services
must be made 48 hours prior to this meeting. Please contact the City
Secretary's office at 817-427-6060 for further information.
Monday, February 22, 2021 City Council Agenda
Page 5 of 5
"I r*4W
NOLa`C`H KIC"HLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: February 22, 2021
SUBJECT: Discuss items from regular City Council meeting.
PRESENTER: Mark Hindman, City Manager
SUMMARY:
The purpose of this item is to allow City Council the opportunity to discuss any item on
the regular agenda.
GENERAL DESCRIPTION:
The purpose of this standing item is to allow City Council the opportunity to inquire
about items that are posted for discussion and deliberation on the regular City Council
agenda.
City Council is encouraged to ask staff questions to clarify and/or provide additional
information on items posted on the regular or consent agenda. City Council may also
elect to move items from the regular agenda to the consent agenda upon receiving
clarification from staff on posted regular agenda items.
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: February 22, 2021
SUBJECT: Quarterly financial report for the period ending December 31, 2020
PRESENTER: Robert Myers, Budget Director
SUMMARY:
During the February 22, 2021 City Council Work Session, staff will present the Quarterly
Financial Status Report for the period ending December 31, 2020.
GENERAL DESCRIPTION:
Staff will present a quarterly financial status report to the City Council. This report will
include a brief presentation that highlights the major operating funds of the city. The
presentation will focus on revenue and expenditures to date in relation to expectations,
followed by an opportunity for staff to address any questions.
1
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FIINAINCIAL.,
Table of Contents
Table of Contents
Executive Summary 1
General and 5
Park & Recreation Facilities Dev. and 10
Crime Control District 13
Utility and 15
Self Insurance and 18
Aquatic Park and 20
Fleet Services and 22
Information Technology and 24
Facilities and 26
Golf Course and 28
Drainage Utility and 30
Traffic Safety and 32
Donations and 34
Gas Development and 36
Promotional and 38
Special Investigations and 40
CIP Project Status Update 42
Quarterly Financial Report Pg . 01
Executive Summary
1
This report contains an unaudited snapshot of the financial performance for all
budgeted operating funds within the City for quarter one (Ql)of Fiscal Year 2020-
21 (October 1, 2020 through December 31, 2020). The report provides a highC
level overview of the City's major funds in the executive summary followed by a a`
more detailed narrative explanation and accompanying financial schedule in the
sections that follow the summary.
F
Staff is happy to report that this is the first quarterly financial report developed �J
underneath the new financial system, Tyler Munis. The Q1 report reflects /
updated and redesigned financial reports which should provide a more clear and
concise financial picture of each fund'fund's performancer 1.
Throughout all of the funds, the Q1 report reflects all capital transfers a
completed, appropriations of fund balance and contributions to fund balance
reflected at 25% (monthly split), and interest income will begin to be reflected in
t
Q2.
brief summary highlighting the City's major operating funds is below.
General Fund
The General Fund is overall performing within expectations for the first quarter
with year to date revenue receipts at 47.5% and total expenditures at 24.4% of
the FY 2020-21 Revised Budget. A brief summary of Q1 highlights contained
within this report are provided below:
• Current property tax collections totaled $17.2 million and are currently
tracking in line with expectations. Staff currently anticipates collections to
meet budget.
• Sales tax collections are trending 4.4% higher through Q1 as
compared to collections for the same period in FY20 and are trending Ir
10.3% ahead of original budget estimates. There were no r
significant audit adjustments during Q1. The bulk of the growth seen this
year has been in online retail and in the home improvement sector. Growth
in both of these sectors has been a major factor in sales tax
collections since last fiscal year as the pandemic has had a significant
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Quarterly Financial Report Pg . 04
• Sewer charges trended up 5.8% from prior year collections due to the
timing of the rate increase and a higher winter average.
• Expenditures overall tracked within expectations.
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Staff hopes the Council finds this report helpful and informative and will be happy
to address any questions or concerns you may have.
l
Respectfully Submitted,
WIA-
Robert Myers
Budget & Research Director
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Quarterly Financial Report Pg . 05
General Fund
Flhe Generall Fund is overall performing withn expectations -for Ql with year to
date revenuIhyu�uc�
receipts at 4'7.51:Yo and total� expenditures at 24.41:Yo of the FY 2020
21 Revised get. The bel�ow analysis iiirncllu»ud Ihiighlliighfs and iifm f note
-for Q1.
Revenues
!!12.122KIK......... A
Flhe city receives the majority of property tax revenue between October and
February. Current Gen erall Fund Property tax collections through IDecember
were $17,254,013 or86.11:Yo of budget. Collections are currently tracking in line
with expectations. The majority of the ballance of collections are anficipated to
be reflected in Q2, as property fax payments are due by January 31st. At ths
firne staff anficipates collections to meet the adopted budget esfirnate.
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Sales fax collections are trending 4.41:Yo Ihiigher through Ql of FY21 as compared
to collections -for the same period in FY20 and are trending 10.31:Yo alhead of
orighall budget estimates -for Ql. No hair ge audit adjustments were experienced
in Ql. The bulllk of the growth seen ths year Ihas been in online retail and the
home improvement sector. Growth in both of these sectors Ihas been a
significant -factor in salIes fax collections since llast fiscall year as the pandemic
Ihas Ihad a significant impact on consumer belhavior.
lll::::'r..a i.n c 113. lli§e...........Ka x,
Franchise Fees currently reflect receipts of$77,343 or 2.1 I:Yo of budget. Through
December, franchise -fees -for cablle, telephone, gas, and electricity Ihad not been
received. Historically, cablle and telephone receipts are received between
December and January and gas and electricity arIl
received in IMarclh. Staff
anficipates that the Q2 financial� report will reflect colections -for all iifms.
e s & 111::2 r.f.2.111 m r..e sl
Rnes & Forfeitures tot all $447,359 or 21.51:Yo of budget and trail prior year
collections by (15.41:Yo). The bulllk of the decrease is due to a drop in IMuuirniiciipall
Court Rnes, w1hich are driven primarily by the number of citaflons written by the
Polliic Iliepartiment and processed by the IMuuirniiciipall Court. Through IDecember,
citaflons reflected as down 40l:Y0 from the prior year. During Ql, staff
experienced turnover in two senior traffic positions and severall illnesses from
COVID 19 in the patrol� division, w1hich Ihad a significant impact on citations
issued during Ql. 11 oolking into Q2, starfing with January, citaflons reflected a
Quarterly Financial Report Pg . 06
return to a norrnal� l�evel� and staff anficipate to see ths trend confinue as �rnd
vacant positions Ihave been filled and as stff confinue to be vaccinated a stay
healthy.
Licenses & 11I:.�erim llts
..........................................................................................................................................................
�Revenue from licenses and permits totaled $830,373 or 34.81:Y() of the budget and
are trending 28.61:Yo alhead of prior year collections. The tot all number of permits
iIssued to date are iIn line with prior year. The uptick iIn Q1 was driven iIn llarge part
by street/drainage iInspection and pllan review -fees -for the City IPoiiirnt project. NI
C Ili a rg.22 for Service
.......................................... .....................................................................................
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Charges -for Service totaled $815,264 or 32.51:Yo of budget. The �Increase seen �In ","I
Q1 iIs due to the receipt of the annuall payment from the Ambulance Suppllernentall
Payment IProgram, w1hich Ihad tot all collections of $273,983 and was significantly
higher than anficipated iIn the budget (.+149,983). Payments M11 vary year to year
based upon the available funding provided through FE,'xas Medicaid for ths
program. Parfially offsetfing ths iIncrease was a drop see In Ambulance Fees
20.21Yo), w1hich totaled $367,627 or 21.31Yo of budget. Ambulance fee revenue iIn
part iIs driven by the number of DIMS transports, w1hich were down by 3.41:Y() from
the same firne iIn the prior year. Staff M11 confinue monitoring ambulance -fee
revenue closely through the remainder of the fiscall year.
.11J.n t e..M..o v..e r.n im. e..i.n!a 11l.
.................. ..................................................................
lIntergovernrnentall revenues totaled $680,636 or 12.91:Yo of budget.
llntergovernrnentall revenues iIncllude iIndirect costs paid to the Gen erall Fund by the
City's other funds and reirnIbursernents frorn the shared service cifies -for 911
dispatch and detention services. Transfers to the Generall Fund are made on a
monthly basis based on a 1/1 iIncrement. ParIks and CCD vary from this trend
due to quarterly processing of economic development iIncenfives.
Shared service reimbursements within the llntergovernrnentall category, totaled $0
and were belhind prior year collections. ....Phis revenue accounts for Ipartirner cifies'
paymentshair the corn m unicaflons and detention consolidation, w1hich iIs paid on a
quarterly basis. A portion of shared service revenue iIs associated with shared
costs -for the CADRIMS systern. The variance iIs due to the firning of the receipt
of shared service reimbursements this year, w1hich were received iIn January.
M. !!I s c e111 111a ine o m al
Miscellaneous revenue totaled $330,687 or 19.11:Yo of budget and are trailing
(29.81:Yo) belhind prior year. The bulllk of this decrease iIs due to the planned
reduction iIn the transfer from the designated -funds -for City IHaI1 debt $58,513)
Quarterly Financial Report Pg . 07
and transfer from the Fleet -fund rehated to debt service $20,660). These
transfers are recognized on a 1/12 monthly basis.
AP.R.M.P.1li ................ati o in of lll::::�uind 1113allaince
.................. .......................................................................................................................................................
Appropriafions of -fund bal�ance totaled $208,286, w1hich was significantly llower
than what was pllanned to be drawn from -fund bal�ance in the prior year. The
majority of ths category it fll ct ilems included as part of the annuall
encumbrance rollll, w1hich is -for ilm that were approved by the City Council in the
prior year, but due to firning, will be received and paid -for in the current fiscal� year.
Flhe Appropriation of-fund bal�ance is recognized on a 1/12 monthly basis.
Expenditures
General Government
....................................................................................................................................................................
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,176 or 24.41Yo of budget and tracked
(2.1 behind prior year. The following are lems of note.
City Council expenses reflected down (28.41:Yo) or ($5,656) from the prior year
primarily due to 01 -for FY 2019 20 reflecting expenses -for travel/training and
reception expenses. City Secretary tracked at 20l:YO of budget or ($22,086) behind
prior year due to 01 in FY 2019 20 reflecting payments -for the 2020 election
expenses and firnin� u� IPlliruiruiill.11� ^v ^Il�a
of the annua� maintenance payment -for the city's pulblic
information request yg & pment totaled $283,072 or 21.21:Yo
of budget and fell bellow prior year expenses due to a vacant posifion during 01
FY 2020 21. 11 ibrary came in at 20.41:Yo of budget and tracked behind prior year
Icy (12.7%0) due to savings in part firne staffing and the firning of orders -for hbrairy
materials. Public Works alIso reflected bellow prior year tracking at 20.21:Yo of
u
51:Yo
get or (9. ) behind prior year due in llarge part to vacancies during1 -for2020 21.
Fllh IPolice Departiment expenses -for 01 totaled $3,642,204 or 22.31:Yo of budget
and trailed behind prior year (6.31:Yo ). Drivers of the variance include refirement
expenses of a senior staff member reflected in 01 of FY 20119....20, a 3 day accruall
from FY 2020 21 to FY 2019 20 to move sallary associated with the prior fiscall
year, and overtime reflecting down from prior year. The Rre Iliepartiment expenses
-for 01 totaled $3,021,730 or 21l:YO of budget and trailed behind prior year by
l if R'f
(7.4%0). Drivers of the variance include a 3 day accrual� from FY 2020 21 to FY
2019 20 to move sal�ary associated with the prior fiscall year, overtime reflecting
down from prior year, the firning of payment -for equipment maintenance,
Everbridge subscription, and radio replacement orders.
Capitall IProject Fransfers totaled $1,567,511 and reflected up from the prior fiscall
year. Transfers included in the budget ths year includes- $1,000,000 -for the
annuall Prevenfive Street Maintenance program (SIM2101), $50,000 -for sidewallk
Quarterly Financial Report Pg . 08
relhab and replacement (SD2101), and $517,511 -for the COVID 19 project
(CP2101) -for to support the city's response and mifigaflon of the COVID 19
pandemic.
Quarterly Financial Report Pg . 09
MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
GENERAL FUND(100)
Revenues
------------------------------------
Taxes $ 36,016,560 $ 36,016,560 $ 20,802,798 57.76% $ 19,817,306 4.97%
Fines&Forfeitures 2,079,923 2,079,923 447,359 21.51% 528,541 -15.36%
Licenses&Permits 2,389,377 2,389,377 830,373 34.75% 645,668 28.61%
Charges for Services 2,506,203 2,506,203 815,264 32.53% 611,493 33.32%
Intergovernmental 5,263,880 5,263,880 680,636 12.93% 1,233,885 -44.84%
Miscellaneous 1,735,863 1,735,863 330,687 19.05% 471,247 -29.83%
Total Operating Revenues $ 49,991,806 $ 49,991,806 $ 23,907,116 47.82% $ 23,308,140 2.57%
Appropriation of Fund Balance 57,063 833,145 208,286 25.00% 559,784 -62.79%
Total Resources $ 50,048,869 $ 50,824,951 $ 24,115,402 47.45% $ 23,867,924 1.04%
Expenditures
City Council $ 133,893 $ 133,893 $ 14,232 10.63% $ 19,888 -28.44%
City Manager 765,874 765,874 170,955 22.32% 179,148 -4.57%
Communications 401,039 401,039 90,089 22.46% 90,751 -0.73%
City Secretary 488,120 492,891 98,416 19.97% 120,502 -18.33%
Legal 440,345 440,345 98,516 22.37% 101,293 -2.74%
Human Resources 148,194 148,194 29,229 19.72% 28,869 1.25%
Finance 752,234 752,234 176,891 23.52% 179,950 -1.70%
Budget&Research 427,066 427,066 127,815 29.93% 128,065 -0.20%
Municipal Court 1,404,954 1,404,954 311,193 22.15% 300,330 3.62%
Planning&Development 1,332,515 1,337,370 283,072 21.17% 313,279 -9.64%
Economic Development 354,587 354,587 75,221 21.21% 82,586 -8.92%
Library 2,261,062 2,261,062 462,140 20.44% 529,241 -12.68%
Neighborhood Services 2,084,010 2,084,010 456,777 21.92% 467,062 -2.20%
Public Works 3,254,551 3,267,235 659,940 20.20% 729,401 -9.52%
Parks and Recreation 1,963,858 1,963,858 521,918 26.58% 561,116 -6.99%
Police 16,192,094 16,366,885 3,642,204 22.25% 3,886,372 -6.28%
Fire 14,324,044 14,385,514 3,021,730 21.01% 3,263,146 -7.40%
Facilities/Construction Management 812,101 812,101 203,025 25.00% 203,025 0.00%
Non-Departmental 1,161,132 1,161,132 331,004 28.51% 357,976 -7.53%
Total Operating Expenditures $ 48,701,673 $ 48,960,244 $ 10,774,366 22.01% $ 11,542,000 -6.65%
Capital Project Transfers 1,050,000 1,567,511 1,567,511 100.00% 1,050,000 49.29%
Operational Transfers 149,144 149,144 37,286 25.00% 84,357 -55.80%
Planned Contributions to Fund Balance 148,052 148,052 37,013 25.00% - 100.00%
Total Adopted Expenditures $ 50,048,869 $ 50,824,951 $ 12,416,176 24.43% $ 12,676,357 -2.05%
...........
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Quarterly Financial Report Pg . 11
Expenditures
Expenditures totaled $2,500,660 or 25.6% of budget during Q1. significant
variances were soon in Parks Facilities Administration, NRH Contra, Athletic l�
Program Services, Capital Project Transfers, and Planned Contributions to Fund
l`
Balance.
i
Parks Facilities Administration totaled $186,424 or 23.2% of budget and
reflected down ($44,269) from the prior year. The drop seen in Q1 is due to the
elimination of an Assistant Director position that occurred as part of the FY 2020®
21 Adopted Budget.
NRH Centre expenses totaled $555,299 or 17.8% of budget and reflected down I
($125,070) from the prior fiscal year. The bulk of the decrease seen in the NRH
Centre was due to reductions in program instruction and part-time labor
expenses to be in-line with current operational needs based on current facility
capacity restrictions and program enrollment limitations.
Athletic Program Services totaled $47,252 and reflected up from prior year due 1
to this program previously being reflected within the General Fund during FY
2019-20. As part of the FY 2020-21 Adopted Budget this program's revenues
and expenses were shifted into the Park Development Fund, which was a more
appropriate location to account for this program.
The FY 2020-21 Adopted Budget included $689,000 in capital project transfers
including the Annual Tree Planting project ( 2101), NRH Centre Fitness
Equipment and Replacement ( 2106), NRH Centre Grand Hall AV project N
( 2107), Annual ark Infrastructure Maintenance ( 2104), Richfield ark ��,
Tennis/Pickle ball Court project (PK2105), Richland Tennis Center Maintenance
( 2106), and the Waterpark Security Camera System project ( 2102). I
Transfers included in the adopted budget were $357,000 less than what was
J
approved in the prior fiscal year.
Planned Contributions to Fund Balance totaled $281,362 or 25% of budget and NA
significantly exceeded the amounts projected to be added to fund balance in FY WN
2019-20 based upon cash needs for projects and impacts from the VI -19
I
pandemic.
i
Quarterly Financial Report Pg . 12
MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
Air- PARKS AND RECREATION FUND(125,126&360)
71
Revenues
Sales Tax 5,216,013 5,216,013 1,511,590 28.98% 1,448,300 4.37%
NRH Centre 3,517,102 3,517,102 404,140 11.49% 706,353 -42.78%
Tennis Center Revenue 404,600 404,600 104,589 25.85% 78,544 33.16%
Athletic Program Service Revenue 112,800 112,800 6,440 5.71% - 100.00%
Park Impact Fee 95,000 95,000 50,400 53.05% 23,282 116.48%
Youth Assoc.Maintenance Fees 35,500 35,500 75 0.21% 10,673 -99.30%
Other Income 28,196 28,196 281 1.00% 21,545 -98.69%
Total Operating Revenues 9,409,211 9,409,211 2,077,515 22.08% 2,288,697 -9.23%
. ........................... ........................
Appropriation of Fund Balance 348,000 379,778 94,945 25.00% 155,725 -39.03%
Total Resources $ 9,757,211 9,788,989 2,172,459 22.19% $ 2,444,422 -11.13%
Expenditures
Parks Facilities Dev.Admin. 802,369 802,369 186,424 23.23% 230,693 -19.19%
Maintenance&Operations 2,125,992 2,130,967 333,761 15.66% 341,992 -2.41%
NRH Centre 3,091,545 3,118,348 555,299 17.81% 680,369 -18.38%
Tennis Center Operations 580,643 580,643 132,591 22.84% 128,260 3.38%
Athletic Program Services 192,914 192,914 47,252 24.49% - 100.00%
Non-Departmental ----------58,409-- ----------58,409-- -----------9,320 15.96% -------------8,9_85- ------------3.73-%,
Total Operating Expenditures 6,851,872 6,883,650 1,264,646 18.37% 1,390,299 -9.04%
Debt Service Payment 463,005 463,005 115,751 25.00% 127,257 -9.04%
Capital Project Transfers 689,000 689,000 689,000 100.00% 1,046,000 -34.13%
Indirect Cost&Economic Development Transfers 627,887 627,887 149,902 23.87% 149,799 0.07%
Planned Contributions to Fund Balance 1,125,447 1,125,447 281,362 25.00% 50,000 462.72%
Total Adopted Expenditures $ 9,757,211 $ 9,788,989 $ 2,500,660 25.55% $ 2,763,355 -9.51%
............
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Quarterly Financial Report Pg . 14
MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
CRIME CONTROL DISTRICT FUND(130)
Revenues
Sales Tax 5,199,180 $ 5,199,180 $ 1,499,036 28.83% $ 1,445,110 3.73%
Franchise Fees 96,127 96,127 - 0.00% - 0.00%
SRO Reirnibursement(BISD) 235,775 235,775 0.00% 0.00%
Victim Assistance Program 68,608 68,608 0.00% 0.00%
Miscellaneous -----------4,300- -----------4,300 ---------------- 0.00% ------------38,640- ----------100:00%
Total Operating Revenues -----5,603,990 _$-----5,603,990 _$-----1,499,036 26.75% _$-------1,483,750- ------------1.03%
Appropriation of Fund Balance - 24,869 6,217 25.00% 6,323 -1.67%
Total Resources $ 5,603,990 $ 5,628,859 $ 1,505,253 26.74% $ 1,490,073 1.02%
Expenditures
Administration $ 16,000 $ 16,000 $ 11,432 71.45% $ 5,218 119.08%
Community Resources 1,047,109 1,058,273 241,012 22.77% 233,557 3.19%
Victim Assistance Program 75,185 75,185 16,689 22.20% 39,616 -57.87%
Investigations 497,273 506,958 104,673 20.65% 97,673 7.17%
Uniform Patrol 3,110,774 3,110,774 671,260 21.58% 730,526 -8.11%
Technical Services 549,758 549,758 128,219 23.32% 130,147 -1.48%
Property/Evidence 111,508 115,528 39,716 34.38% 64,465 -38.39%
Partner Agency Funding 44,426 44,426 - 0.00% 24,621 -100.00%
Non-Departmental 123,677 123,677 28,986 23.44% 26,265 10.36%
Total Operating Expenditures 5,575,710 5,600,579 1,241,986 22.18% 1,352,088 -8.14%
Operating Transfers 28,280 28,280 0.00% 0.00%
Planned Contributions to Fund Balance - - - 0.00% - 0.00%
Total Adopted Expenditures $ 5,603,990 $ 5,628,859 $ 1,241,986 22.06% $ 1,352,088 -8.14%
Quarterly Financial Report Pg . 15
Utility Fund l
The Utility Fund is overall performing within expectations for Q1 with year to
date total resources at 25.4% and total expenditures at 25.1% of the FY 2020®
21 Revised Budget. The below analysis includes highlights and items of note for
1 activity.
r
Revenues
Total operating revenue in the Utility Fund was $9,778,017 or 25.4% of budget
and reflected up 7.3% from prior year collections. The largest revenue sources
in this fund are collections for water and sewer charges. To date, total collections
for Water Service Charges and Fees were $ ,47 ,957 or 2 .3% of budget and
trended 8.5% ahead of prior year. The majority of the increase was generated i
in the October 2020 receipts, which reflected up from October 2019 due to the
rate increase that went into effect November 2019.
Sewer charges to date total $3,045,632 or 23.5% of budget and came in ahead
5.8% from prior year collections. Residential customers within NRH pay a f,
monthly sewer charge based on a base rate, volumetric rate and pass through
rate multiplied by the customers calculated winter average of consumption �
(December through February). Like in water fees, a bulk of the increase seen
in Sewer Treatment Charges and Fees was due to the timing of a rate increase
that took effect November 2019. In addition, the sewer charge in Q1 was based
on the winter average of December 2019 through February 2020, which was
higher than the prior year and also helped drive the increase seen in Q1. /
Expenses
Total expenses were $9,666,811 or 25.1% of budget and reflected ahead of
prior year expenses by 14.8%. Significant variances were seen in Water
Service Expenses, Capital Project Transfers, and Planned Contributions to
Fund Balance.
North Richland Hills contracts with the City of Fort Worth and TRA for the
purchase of water and sewer treatment services. Water Service expenses
totaled to $2,805,260 or 18.5% of budget and trended ahead of the prior fiscal
year by 2.8%. Water purchases reflected up due to a rate increase in the volume
PP
charge from the cit 's suppliers that took effect in October 2020 and an increase
y
Quarterly Financial Report Pg . 16
in the gallons purchased (+5.4%), which was driven in part by lower rainfall totals
seen in October and November (1.7 inches October, 1.1 inches November) as
compared to the prior year. Water service expenses from the TRA for the
October and November billings were reduced by credits for the city's annual
settle-up payment, which helped offset some of the growth in expense seen for
Q1.
Capital Project Transfers totaled $2,263,011 that included cash funding for
several projects this year including- Automatic Control Valve Replacement
Project (UT2107), Matson Drive Sanitary Sewer project (CDBG21),
Miscellaneous Water/Sewer Main Replacement (UT2102), SCADA IN,III,
Communications Replacement (UT2105), Sewer Manhole Replacement Project
(UT2104), Small Water Main Replacement (UT2101), and Telemetric Water
Meter Annual Maintenance (UT2103).
Planned Contributions to Fund Balance totaled $303,859 or 25% of budget. The
FY 2020-21 Adopted Budget cash funded a larger number of projects than in
the prior fiscal year, which reduced the amount that was planned to be
contributed to fund balance in FY 2020-21.
Quarterly Financial Report Pg . 17
MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
UTILITY FUND(410)
.... ............
Revenues
Water Service Charges and Fees 24,626,006 24,626,006 6,476,957 26.30% 5,967,108 8.54%
Sewer Treatment Charges and Fees 12,980,850 12,980,850 3,045,632 23.46% 2,877,961 5.83%
Other Service Charges&Fees 776,102 776,102 236,830 30.52% 211,932 11.75%
Miscellaneous 83,100 83,100 18,598 22.38% 52,180 -64.36%
Total Operating Revenues ----3824662058 ----38,466,058 -----9,7782017 25.42% -------9,109,181- ------------7.34-%-
Appropriation of Fund Balance - - - 0.00% 3,980 -100.00%
Total Resources $ 38,466,058 $ 38,466,058 $ 9,778,017 25.42% $ 9,113,161 7.30%
Expenses
Water Service Expenses 15,179,908 $ 15,179,908 2,805,260 18.48% 2,727,780 2.84%
Sewer Service Expenses 7,929,076 7,929,076 1,896,462 23.92% 1,869,831 1.42%
Utility Billing and Support 2,529,868 2,529,868 568,911 22.49% 583,849 -2.56%
Administration 364,744 364,744 82,208 22.54% 87,424 -5.97%
Development 946,163 946,163 218,301 23.07% 222,468 -1.87%
Right of Way Maintenance 353,791 353,791 47,511 13.43% 47,920 -0.85%
Building Services 1,822,929 1,822,929 455,732 25.00% 455,733 0.00%
Non-Departmental ---------3232633-- ---------323,633-- ----------502280 15.54% ------------57,2_71- ------------1-2.2-1-%-
Total Operating Expenses 29,450,112 29,450,112 6,124,664 20.80% 6,052,277 1.20%
Debt Service Payment 1,645,049 1,645,049 - 0.00% - 0.00%
Franchise Fee 1,125,062 1,125,062 283,430 25.19% 263,957 7.38%
Indirect Costs 2,182,170 2,182,170 545,543 25.00% 545,541 0.00%
Transfer for IT Purchases&Support 175,000 175,000 43,750 25.00% 43,749 0.00%
Payment in Lieu of Taxes 410,217 410,217 102,554 25.00% 101,301 1.24%
Capital Project Transfers 2,263,011 2,263,011 2,263,011 100.00% 901,657 150.98%
Planned Contributions to Fund Balance 1,215,437 1,215,437 303,859 25.00% 510,902 -40.52%
Total Adopted Expenses $ 38,466,058 $ 38,466,058 $ 9,666,811 25.13% $ 8,419,384 14.82%
...........
...........
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.....................
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..........
MEN
Quarterly Financial Report Pg . 19
MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
SELF INSURANCE FUND(540)
..............
...................... .............. .......
Revenues
Health Medical City Contribution 10,391,990 10,391,990 2,605,936 25.08% 2,597,759 0.31%
Health Medical Employee Contribution 2,791,021 2,791,021 633,596 22.70% 639,469 -0.92%
Worker's Compensation Allocation 589,500 589,500 86,936 14.75% 71,889 20.93%
Administration Allocation 515,484 517,920 189,802 36.65% 204,900 -7.37%
Liability and Other Insurance Allocation 872,932 870,496 219,675 25.24% 204,864 7.23%
Stop Loss Insurance Reimbursement 400,000 400,000 55,562 13.89% 103,737 -46.44%
Flexible Spending Account Reimbursement 146,000 146,000 34,110 23.36% 35,962 -5.15%
Miscellaneous 97,868 97,868 29,336 29.97% 42,225 -30.52%
Total Operating Revenues ----15,804,795 ----15,804,795 -----3,854,952 24.39% -------3,900,805-- -------------1.18%
Appropriation of Fund Balance 100,000 103,000 25,750 25.00% 25,000 3.00%
Total Resources $ 15,904,795 $ 15,907,795 $ 3,880,702 24.39% $ 3,925,805 -1.15%
Expenditures
Health/Medical $ 13,652,917 $ 13,602,917 $ 2,351,454 17.29% $ 2,765,518 -14.97%
Worker's Compensation 589,500 589,500 86,936 14.75% 26,425 228.99%
Personnel Expenses 514,731 517,731 107,786 20.82% 111,887 -3.67%
Property,Liability,and Other Insurance 870,496 920,496 419,559 45.58% 412,262 1.77%
Flexible Spending Account Expense 146,000 146,000 22,498 15.41% 14,772 52.30%
Non-departmental 0.00%
Total Operating Expenditures ----15,773,644 _$----15,776,644 _$-----2,988,233 18.94% _$-------3,330,864- ------------10.29%
Transfer to Retiree Health Care Fund 100,000 100,000 25,000 25.00% 25,000 0.00%
Planned Contributions to Fund Balance 31,151 31,151 7,788 25.00% 94,951 -91.80%
Total Adopted Expenditures $ 15,904,795 $ 15,907,795 $ 3,021,021 18.99% $ 3,450,815 -12.45%
Quarterly Financial Report Pg . 20
Aquatic Park Fund
The Aquatic Park Fund is overall performing within expectations for the first
quarter with year to date total resources at 7.5% and total expenditures at 9.3%
of the FY 2020-21 Revised Budget. The below analysis includes highlights and
items of note for Q1 activity.
Revenues W
Total Aquatic Park revenue was $320,450 or 7.5% of budget. Revenues are
significantly ahead of prior year. The increase this year is in Admissions due to
splitting season pass revenues sold last season into both FY 2019-20 and FY
2020-21. Season passes sold last season will be able to be used during the
current season and therefore it was necessary to recognize a portion of these
revenues in both fiscal years.
Expenses
Total expenses for the Aquatic Park Fund were $397,547 or 9.3% of budget and
were overall down from the prior fiscal year. The decrease was caused by a
drop in salary and benefit expense due to restructuring staff and due to the timing
of utility bill payments and supply purchases.
Quarterly Financial Report Pg . 21
MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
*i�, 7,1-/ AQUATIC PARK FUND(430)
..............
Revenues
Admissions $ 3,096,162 $ 3,096,162 $ 301,430 9.74% $ 97,357 209.61%
Food and Beverage 806,437 806,437 18,498 2.29% 821 2153.07%
Merchandise 142,583 142,583 - 0.00% - 0.00%
Rentals 171,100 171,100 0.00% (236) -100.00%
Interest Income 16,441 16,441 0.00% 5,703 -100.00%
Other Income ----------60,000- ----------60,000 -------------523 0.87% --------------(5-45)- ----------19S-.97%
Total Operating Revenues _$------4,292,723 $------4,292,723 _$-------320,450 7.46% _$---------103,100- ---------210.821/.
Appropriation of Fund Balance $ - $ - $ - 0.00% $ - 0.00%
Total Resources $ 4,292,723 4,292,723 320,450 7.46% 103,100 210.82%
-Expenses-------------------------------------
General Services $ 709,605 $ 709,605 $ 105,177 14.82% $ 118,387 -11.16%
Parks&Public Grounds 78,037 78,037 1,482 1.90% 4,147 -64.26%
Aquatics 551,860 551,860 10,297 1.87% 29,363 -64.93%
Maintenance 504,824 504,824 69,124 13.69% 93,858 -26.35%
Business Office 138,726 138,726 6,893 4.97% 27,695 -75.11%
Marketing/Advertising 385,330 385,330 13,757 3.57% 17,947 -23.35%
Gift Shop 118,547 118,547 6,520 5.50% 8,256 -21.03%
Food 150,278 150,278 6,950 4.62% 10,810 -35.71%
Ice Cream Shop 125,665 125,665 4,156 3.31% 5,054 -17.78%
Funnel Cake 29,987 29,987 364 1.21% 1,784 -79.62%
Food Service Building 177,417 177,417 6,957 3.92% 8,018 -13.23%
Group Sales 94,138 94,138 6,755 7.18% 22,022 -69.33%
Admissions 145,764 145,764 15,094 10.36% 14,624 3.21%
Elements of Fun 9,633 9,633 141 1.46% 141 0.00%
Birthday Parties 23,165 23,165 209 0.90% 210 -0.60%
Catering 34,036 34,036 77 0.23% 1J57 -93.34%
Rentals 12,591 12,591 2,428 19.28% 2,462 -1.38%
Non-Departmental -----------63,218- -----------63,218- -----------15,128 23.93% ------------13,203-- -----------14-.58%
Total Operating Expenses $ 3,289,603 $ 3,289,603 $ 256,379 7.79% $ 365,935 -29.94%
Debt Service Payment 736,430 736,430 172 0.02% 172 0.02%
Capital Project Transfers 100,000 100,000 100,000 100.00% 100,000 0.00%
Planned Contributions to Fund Balance 103,472 103,472 25,868 25.00% 89,417 -71.07%
Total Adopted Expenses 4,292,723 4,292,723 397,547 9.26% 568,727 -30.10%
Quarterly Financial Report Pg . 22
Fleet Services Fund
The Fleet Services and is overall performing within expectations in Q1 with
year to date total resources at 24.7% and total expenditures at 15.4% of the FY
2020-21 Revised Budget. The below analysis includes highlights and items of
note for Q 1 activity.
Revenues W
Total revenues are $1,003,129 or 24.7% of budget. The majority of revenue in
this fund is from internal service charges assessed to city departments on a
monthly basis to support the funds operation. Appropriations of and Balance
totaled $4,840 or 25% of budget. Appropriations of Fund Balance are
recognized a monthly 1/12 th basis.
Expenditures
Expenses totaled $625,384 or 15.4% of budget and are overall down from the
prior fiscal year. An area of significant variance was in the Capital Project
Transfers, which reflected no transfers in FY 2020-21 as planned in the adopted
budget.
Quarterly Financial Report Pg . 23
S MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
FLEET SERVICES FUND(520)
i-
Revenues
Internal Service Charge $ 4,012,486 $ 4,012,486 $ 1,003,122 25.00% $ 1,003,122 0.00%
Interest Income 23,300 23,300 - 0.00% 11,112 -100.00%
Sale of City Property 20,000 20,000 - 0.00% - 0.00%
Miscellaneous 7 100.00% 19,168 -99.96%
Total Operating Revenue $ 4,055,786 $ 4,055,786 $ 1,003,129 24.73% $ 1,033,402 -2.93%
Appropriation of Fund Balance 19,359 4,840 25.00% 130,598 -96.29%
Total Resources $ 4,055,786 $ 4,075,145 $ 1,007,969 24.73% $ 1,164,000 -13.40%
Expenses
Administration $ 295,207 $ 295,207 $ 67,156 22.75% $ 69,033 -2.72%
Fleet Services Operations 1,621,025 1,640,384 295,696 18.03% 326,740 -9.50%
Fire Fleet Maintenance Operations 345,333 345,333 59,214 17.15% 58,049 2.01%
Vehicle and Equipment Purchases 991,524 991,524 3,409 0.34% 3,591 -5.06%
Non-Departmental 22,516 22,516 4,865 21.61% 4,632 5.02%
Total Operating Expenses $ 3,275,605 $ 3,294,964 $ 430,339 13.06% $ 462,045 -6.86%
Debt Service Payment 673,555 673,555 168,389 25.00% 157,470 6.93%
Capital Project Transfers - - - 0.00% 162,411 -100.00%
Planned Contributions to Fund Balance 106,626 106,626 26,657 25.00% 25,000 6.63%
0.00%
Total Adopted Expenses $ 4,055,786 $ 4,075,145 $ 625,384 15.35% $ 806,926 -22.50%
..........
• rt 14101M U-1411 111 Lill •I•ky"IMP
Quarterly Financial Report Pg . 25
t ;y MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
INFORMATION TECHNOLOGY FUND(530)
«-
Revenues
Internal Service Charge $ 3,140,088 $ 3,140,088 $ 785,022 25.00% $ 781,098 0.50%
Reimbursement from General Fund 149,144 149,144 37,286 25.00% 48,489 -23.10%
Transfer from Utility Fund 175,000 175,000 43,750 25.00% 43,749 0.00%
Transmitter Lease 170,000 170,000 35,472 20.87% 38,986 -9.01%
Miscellanous 142000 14,000 0 0.00% 6,610 -100.00%
Total Operating Revenue $ 3,648,232 $ 3,648,232 $ 901,530 24.71% $ 918,932 -1.89%
Appropriation of Fund Balance 360,125 559,951 139,988 25.00% 104,863 33.50%
Total Resources $ 4,008,357 $ 4,208,183 $ 1,041,518 24.75% $ 1,023,795 1.73%
Expenses
Administration $ 209,230 $ 209,230 $ 76,503 36.56% $ 57,753 32.47%
Major Computer Systems 363,624 382,218 187,602 49.08% 46,056 307.33%
Microcomputer Systems 983,314 873,571 338,222 38.72% 145,963 131.72%
Telecommunications 370,575 380,481 69,003 18.14% 92,201 -25.16%
Data Network 1,030,795 1,203,351 56,022 4.66% 299,755 -81.31%
GIS System 186,907 186,907 65,042 34.80% 72,103 -9.79%
Public Safety 688,845 797,358 56,568 7.09% 114,446 -50.57%
Non-departmental 152067 15,067 2,933 19.47% 2,796 4.91%
Total Operating Expenses $ 3,848,357 $ 4,048,183 $ 851,896 21.04% $ 831,073 2.51%
Capital Project Transfers 160,000 160,000 160,000 100.00% 348,000 -54.02%
Planned Contributions to Fund Balance - - - 0.00% - 0.00%
Total Adopted Expenses $ 4,008,357 $ 4,208,183 $ 1,011,896 24.05% $ 1,179,073 -14.18%
Quarterly Financial Report Pg . 26
Facilities Fund
The Facilities and is overall performing within expectations in Q1 with year to
date total resources at 24.6% and total expenditures at 26.4% of the FY 2020-
21 Revised Budget. The below analysis includes highlights and items of note
for Q1.
Revenues
Total revenue was $727,861 or 24.5% of budget. The vast majority of
collections in this fund are from internal service charges assessed to city
departments on a monthly basis to cover the fun d's operating costs. Collections
in internal service charges were in-line with expectations. Appropriations of fund
balance totaled $80,753 or 25% of budget. Appropriations of and Balance are
reflected on a monthly 1/12 th basis.
Expenses
Expenses totaled $869,592 or 26.4% of budget. Expenses were overall up from
the prior fiscal year with the largest variance in Capital Project Transfers which
totaled $274,400 for cash funding the Concrete Drive Repair at FS #2, #5, and
Service Center project (FC2104), Replacement of UPS batteries at City all
(FC2101), and Roof replacement project at FS #1 (FC2102).
IM/
Quarterly Financial Report Pg . 27
MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
2
FACILITIES&CONSTRUCTION MANAGEMENT FUND(510)
r,y ff rr'_
i
i-
Revenues
Internal Service Charge $ 2,911,444 $ 2,911,444 $ 727,861 25.00% $ 728,205 -0.05%
Interest Income 16,000 16,000 - 0.00% 10,991 -100.00%
Rent from Rental Properties 39,600 39,600 - 0.00% 8,700 -100.00%
Total Operating Revenue $ 2,967,044 $ 2,967,044 $ 727,861 24.53% $ 747,896 -2.68%
0.00%
Appropriation of Fund Balance 301,146 323,012 80,753 25.00% - 100.00%
Total Resources $ 3,268,190 $ 3,290,056 $ 808,614 24.58% $ 747,896 8.12%
Expenditures
Administration $ 247,051 $ 247,051 $ 57,192 23.15% $ 63,298 -9.65%
Building Service Operations 2,687,042 2,570,508 496,840 19.33% 527,113 -5.74%
Rental Property Program 36,120 36,120 1,551 4.29% - 100.00%
Non-departmental 23,577 23,577 52009 21.24% 4,806 4.22%
Total Operating Expenditures $ 2,993,790 $ 2,877,256 $ 560,592 19.48% $ 595,217 -5.82%
0.00%
Capital Project Transfers $ 274,400 $ 274,400 $ 274,400 100.00% $ 53,000 417.74%
Planned Contributions to Fund Balance - 138,400 34,600 25.00% 6,831 406.51%
Total Adopted Expenditures $ 3,268,190 $ 3,290,056 $ 869,592 26.43% $ 655,048 32.75%
Quarterly Financial Report Pg . 28
Golf Course Fund
The Golf Course and is overall performing within expectations through
November with year to date revenue receipts at 26.3% and total expenditures at
21.3% of the FY 2020-21 Revised Budget. Golf Course figures are presented one
month behind the reporting period due to the timing of when financial data is
received. The below analysis includes highlights and items of note through I
November 2020.
Revenues
Revenues totaled $716,114 or 26.3% of budget. Revenues reflected as up
significantly from the prior fiscal year due to the reduced activity seen in FY 2019-
20 from the closure of large sections of the course as the course underwent
significant drainage, playing corridor, and amenity improvements. Q1 rounds
played totaled 8,346 and significantly outperformed the last two fiscal years
during the same time periods.
Expenses
Total expenses through November were $581,516 or 21.3% of budget and
exceeded prior year expenses due to the closure of large sections of the course
that occurred in FY 2019-20. During FY 2019-20, significant operational
reductions were made while the course was closed to help mitigate drops in
revenue that occurred due to significant course closure.
Quarterly Financial Report Pg . 29
MONTHLY FINANCIAL 6tEP06tT F06t SEPTEnJiBE6t 2020
GOLF COURSE FUND(422,424,426)
Rounds 50,000 50,000 8,346 16.69% 6,456 29.28%
Revenues
Green Fees $ 1,092,000 $ 1,092,000 $ 389,724 35.69% $ 139,076 180.22%
Pro Shop 393,000 393,000 106,271 27.04% 68,570 54.98%
Driving Range 75,000 75,000 19,916 26.55% 7,752 156.91%
Carts 415,000 415,000 78,685 18.96% 51,332 53.29%
Food&Beverage 744,500 744,500 121,518 16.32% 110,733 9.74%
Interfund Loan - - - 0.00% 174,369 -100.00%
Miscellaneous 7,572 7,572 0.00% 3,116 -100.00%
Total Operating Revenue $ 2,727,072 $ 2,727,072 $ 716,114 26.26% $ 554,948 29.04%
Appropriation of Fund Balance - - - 0.00% 100,000 -100.00%
Total Resources $ 2,727,072 $ 2,727,072 $ 716,114 26.26% $ 554,948 29.04%
Expenses
Pro Shop $ 145,050 $ 145,050 $ 35,193 24.26% $ 20,463 71.99%
Pro Shop:Cost of Goods Sold 149,000 149,000 47,246 31.71% 18,372 157.16%
Driving Range 18,200 18,200 9,680 53.19% - 100.00%
Golf Carts 257,762 257,762 58,212 22.58% 42,186 37.99%
Course Maintenance 601,725 601,725 172,027 28.59% 102,802 67.34%
Food&Beverage 305,380 305,380 56,778 18.59% 40,240 41.10%
Food&Beverage:Cost of Goods Sold 216,900 216,900 36,210 16.69% 35,463 2.11%
Sales&Membership - - - 0.00% - 0.00%
General&Administrative 358,132 358,132 95,867 26.77% 64,794 47.96%
Clubhouse 84,032 84,032 28,249 33.62% 14,846 90.28%
Management Fees 147,560 147,560 41,301 27.99% 23,133 78.54%
Equipment Repair and Replacement 114,879 114,879 - 0.00% 100,000 -100.00%
Total Operating Expenses $ 2,398,620 $ 2,398,620 $ 580,766 24.21% $ 462,299 25.63%
0.00
Debt Service Payment 328,452 328,452 750 0.23% 100.00%
Planned Contributions to Fund Balance - - - 0.00% - 0.00%
0.00
Total Adopted Expenses $ 2,727,072 $ 2,727,072 $ 581,516 21.32% $ 462,299 25.79%
Quarterly Financial Report Pg . 30
Drainage Utility Fund
The Drainage Utility Fund is overall performing within expectations for Q1 with
year to date total resources at 19.1% and total expenditures at 43.7% of the FY
2020-21 Revised Budget. This fund accounts for the monthly fees charged to
residents and businesses to pay for the cost of maintenance and improvements
to the drainage system throughout the City. The below analysis includes
highlights and items of note for Q1 activity.
Revenues
Total revenues were $315,076 or 19.1% of budget. Drainage Fees were in line
with the prior fiscal year.
Expenditures
Total expenditures were $720,907 or 43.7% of budget. Total expenditures
include a planned transfer to the capital projects fund of $450,000 for various
projects including- Channel Cleaning /Street Drainage Improvements (DR2103),
Concrete Lined Channel Rehab (DR2102), and Street Drainage Improvements
(DR2101). The contribution to reserves totaled $206,586 or 25% of budget.
There were no other significant items of note in expenditures.
Quarterly Financial Report Pg . 31
MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
DRAINAGE UTILITY FUND(120)
i-
Revenues
Drainage Fees $ 1,647,000 $ 1,647,000 $ 315,076 19.13% $ 313,536 0.49%
Interest Income 4,700 4,700 (0) 0.00% 2,497 -100.01%
Total Operating Revenues $ 1,651,700 $ 1,651,700 $ 3152076 19.08% $ 316,033 -0.30%
Appropriation of Fund Balance - - - 0.00% - 0.00%
Total Resources $ 1,651,700 $ 1,651,700 $ 315,076 19.08% $ 316,033 -0.30%
Expenditures
Drainage Utility Crew $ 149,583 $ 149,583 $ 8,698 5.81% $ 100.00%
Non-departmental 5,100 456 8.93% 152 199.78%
Total Operating Expenditures $ 149,583 $ 154,683 $ 92153 5.92% $ 152 5921.83%
Debt Service Payments 220,675 220,675 55,169 25.00% 69,651 -20.79%
Capital Project Transfers 450,000 450,000 450,000 100.00% 575,000 -21.74%
Planned Contributions to Fund Balance 831,442 826,342 206,586 25.00% 193,350 100%
Total Adopted Expenditures $ 1,651,700 $ 1,651,700 $ 720,907 43.65% $ 838,153 -13.99%
Quarterly Financial Report Pg . 32
Traffic Safety Fund
The Traffic Safety Fund is overall performing within expectations for the first
quarter with year to date total resources at 22.2% and total expenditures at
18.7% of the FY 2020-21 Revised Budget. State law changed in June 2019 with
the passage of HB 1631, which eliminated the Red Light Camera Traffic Safety
program. The below analysis includes highlights and items of note for Q1
activity.
Revenues
There were no revenues reflected during Q1, due to the elimination of the Red
Light Camera Traffic Safety Program, the only revenues anticipated this fiscal
year are from interest income. Appropriations of fund balance totaled $12,653
or 25% of budget. Appropriations of and Balance are reflected on a monthly
1/12 th basis.
Expenditures
Total operating expenditures were $10,635 or 18.7% of budget. The only
planned expenditures within the fund this fiscal year are for equipment
purchases for traffic safety and continued funding for one PT Crossing Guard
Supervisor.
Quarterly Financial Report Pg . 33
MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
TRAFFIC SAFETY FUND(150)
: 1 'NEW 111111,11,
Revenues
Redlight Camera Fines 0.00% 0.00%
Interest Income 6,300 6,300 (0) 0.00% 3,215 -100.00%
Total Operating Revenues 6,300 6,300 (0) 0.00% 3,215 -100.00%
. .......................... ...........—...........
Appropriation of Fund Balance 50,611 50,611 12,653 25.00% 22,929 -44.82%
Total Resources 56,911 $ 56,911 $ 12,653 22.23% $ 26,144 -51.60%
Expenditures
Contractor Payments 0.00% 0.00%
Program Administration 0.00% 0.00%
Payment to State 0.00% 0.00%
Traffic Enforcement/Traffic Safety 20,352 20,352 5,874 28.86% 11,901 -50.64%
Pedestrian Safety ----------36,559- ----------36,559-- -----------4,761 13.02% -------------9,809- -----------5-1.47-%,
Total Operating Expenditures --------56,911 -$--------56,911 -$--------10,635 18.69% -$----------21,710- ----------51.01%
Planned Contribution to Fund Balance - - - 0.00% - 0.00%
Total Adopted Expenditures $ 56,911 $ 56,911 $ 10,635 18.69% $ 21,710 -51.01%
Quarterly Financial Report Pg . 34
Donations Fund
Flhe IDonafiions Fund is overall performing bellow orighall budget expectations
-for Ql with year to date totalI resources at 15.91:Yo and totalI expenditures at 5.91:Yo
of the FY 2020 21 Revised ll::.:),udget. Ths -fund accounts for events and
operations paid -for by contributions and donations. A bul�lk of the contributions
are received through voluntary payments made as part of the water bill to
support library activifies, the Animall Adoption and IRescue Center, and speciall Vll
events/public art. The contributions are allllocated to the 11 ibrairy ($0.65), IHuumane
Services ($0.65), and speciall events and arts ($0.20).
Revenues
FbtalI revenue collections in Ql totaled to $31,621 or 13.51Y() of budget and
trended belhind the prior year. Significant drops were seen in IParlks, 11 ibrary, and
Neighborlhood Service donations. Drops in If arlks donations were due to the
cancellation of events such II1VIRH Roadrunner, IRun IRun IRuudollp1h, and senior
center travell. IDrops seen in 11 ibrary donations are primarily due to the temporary
suspension of book salIes due to the ongoiing pandemic. The primary drop in
Neighborlhood Service donations was due to Ql of the prior fiscal� year reflecting
revenue from the �oggy ll.:),eaclh ll.:),aslh event in 2019. Appropriations of Fund
11::.:3allance totaled $15,610 to reflect a monthly 1/1211" contribution.
Expenditures
FbtalI expenditures were $15,485 or 5.91:Yo of budget and are overall Iles than
year. The drop is from the cancellation or rescheduling of a number of events so
-far nths ear including 11TRH IRoadrunner and IRun IRun IRudollplh due to the
pademic.
Quarterly Financial Report Pg . 35
MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
� Z
DONATIONS FUND(110)
Revenues
Parks&Recreation Program Donations $ 96,800 $ 96,800 $ 3,913 4.04% $ 26,936 -85.47%
Library Program Donations 50,050 50,050 8,355 16.69% 16,424 -49.13%
Neighborhood Services Program Donations 67,900 67,900 12,197 17.96% 30,579 -60.11%
Public Safety Program Donations 6,600 6,600 7,155 108.41% 6,700 6.79%
Teen Court Program Donations 3,600 3,600 - 0.00% 1,341 -100.00%
Investment Income 9,076 9,076 0 0.00% 2,388 -99.99%
Total Operating Revenues $ 234,026 $ 234,026 $ 31,621 13.51% $ 84,368 -62.52%
Appropriation of Fund Balance 62,438 62,438 15,610 25.00% 21,655 -27.92%
Total Resources $ 296,464 $ 296,464 $ 47,230 15.93% $ 106,023 -55.45%
Expenditures
Parks&Recreation Programs $ 113,000 $ 113,000 $ - 0.00% $ 27,030 -100.00%
Library Programs 68,865 68,865 4,971 7.22% - 100.00%
Neighborhood Services Programs 66,823 66,823 9,355 14.00% 12,419 -24.67%
Public Safety Programs 9,700 9,700 1,159 11.95% 12,537 -90.76%
Teen Court Program 8,000 8,000 - 0.00% 16,992 -100.00%
Total Operating Expenditures $ 262,388 $ 262,388 $ 15,485 5.90% $ 56,441 -72.56%
Planned Contributions to Fund Balance - - - 0.00% - 0.00%
Total Adopted Expenditures $ 262,388 $ 262,388 $ 15,485 5.90% $ 56,441 -72.56%
Quarterly Financial Report Pg . 36
Gas Development Fund
The Gas Development Fund is overall performing within expectations for the first
quarter with year to date total resources at 16.9% and total expenditures at 25%
of the FY 2020-21 Revised Budget. Revenue for the Gas Development and is
generated from natural gas development on City property. The below analysis
includes highlights and items of note for Q1.
Revenues
Total revenues were $54,659 or 17.1% of budget and came in ahead of prior
year collections in royalty payments. Payments will fluctuate month to month
based on market activity.
Expenditures
Total expenditures were $80,650, or 25% of budget for the planned contribution
to reserves. Activity in the fund this fiscal year differs significantly from last year
due to there being no planned expenditures in the FY 2020-21 budget.
Quarterly Financial Report Pg . 37
MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
GAS DEVELOPMENT FUND(145)
Revenues
Royalty Payments 320,000 320,000 54,659 17.08% $ 35,874 52.36%
Interest Income 2,600 2,600 (0) -0.01% 8,097 -100.00%
Miscellaneous 0.00% 0.00%
Total Operating Revenues 322,600 322,600 54,659 16.94% 43,971 24.31%
Appropriation of Fund Balance - - - 0.00% 675,598 -100.00%
Total Resources $ 322,600 $ 322,600 $ 54,659 16.94% $ 719,569 -92.40%
Expenditures
----------------------------------
Non-Departmental $ - $ - $ - 0.00% $ 0.00%
Total Operating Expenditures $ - $ - $ - 0.00% $ - 0.00%
- --------------- - --------------- - --------------- - ----------------- -----------------
Transfer to Capital Projects 0.00% 790,000 -100.00%
Interfund Loan - - - 0.00% 964,369 -100.00%
Planned Contributions to Fund Balance 322,600 322,600 80,650 25.00% - 100.00%
Total Adopted Expenditures $ 322,600 $ 322,600 $ 80,650 25.00% $ 964,369 -91.64%
Quarterly Financial Report Pg . 38
Promotional Fund
Fhe Promotional Fund is overall performing within expectations for the -first
quarter with total resources coming in at 8.'71:Yo and total expenditures at 22.21:Yo
of the FY 2020 21 IReviised l::3,udget.
Revenues
Occupancy taxes collected from hotels and motels operating in the city is the
primary source of revenue for this fund. Q1 reflected no revenue collections for
the fund. Occupancy taxes are due on a quarterly basis and remitted within thirty
days of the end of each quarter. in quarter payments are expected to be
received in January and reflected in the Q2 report. Appropriations of fund
balance totaled $23,957 or 25% of budget.
Expenditures
Total expenditures were $61,554 or 22.2% of budget and trailed slightly behind
the prior fiscal year. The significant variance seen was in Economic
Development due to the timing of payment for an annual sponsorship.
Quarterly Financial Report Pg . 39
MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
PROMOTIONAL FUND(105)
Revenues
Hotel/Motel Occupancy Taxes 176,582 176,582 0.00% 32,824 -100.00%
Interest Income -----------42400-- -----------42400-- ------------(132) -2.99% -------------2,6_12- -----------105,04%_
Total Operating Revenues 180,982 180,982 (132) -0.07% $ 35,436 -100.37%
. .......................... ..........................
Appropriation of Fund Balance 95,826 95,826 23,957 25.00% - 100.00%
Total Resources $ 276,808 $ 276,808 $ 23,825 8.61% $ 35,436 -32.77%
-Expenditures-----------------------------------
Economic Development 128,717 128,717 37,484 29.12% 29,921 25.27%
Cultural&Leisure 147,646 147,646 24,038 16.28% 35,826 -32.90%
Non-Departmental 445 445 33 7.48% 54 38.39%
Total Operating Expenditures 276,808 276,808 61,554 22.24% 65,801 -6.45%
. .......................... ..........................
Planned Contributions to Fund Balance 0.00% 4,089 -100.00%
Total Adopted Expenditures 276,808 $ 276,808 $ 61,554 22.24% $ 69,890 -11.93%
Quarterly Financial Report Pg . 40
Special Investigations Fund
The Special Investigations Fund is overall performing within expectations for Q1
with total resources at 25.3% and total expenditures at 10.1% of the FY 2020-21
Revised Budget. Revenue for this fund is received from Federal and State
forfeited funds and the Automated Fingerprint Identification System (AFIS)
program. The below analysis includes highlights and items of note for Q1 activity.
Revenues
Total revenues through Q1 were $21,956 or 26% of budget and reflected ahead
of prior year collections. The significant driver of the variance was in state and
local forfeited funds, which together totaled $42,561. Collections will fluctuate
year to year depending on the seizures and the timing of cases involving court
awards. Appropriations of fund balance reflected at $51,930 or 25% of budget.
Expenditures
Total expenditures were $29,507 or 10.1% of budget. Expenses reflect ahead
of prior year for Q1 due to timing of expenses for public safety training and
equipment purchases.
Quarterly Financial Report Pg . 41
MONTHLY FINANCIAL REPORT FOR DECEMBER 2020
7 SPECIAL INVESTIGATIONS FUND(115)
Revenues
Federal Forfeited Funds 50,000 50,000 1,350 2.70% 10,143 -86.69%
State Forfeited Funds 70,000 70,000 21,956 31.37% 11,841 85.42%
Local Forfeited Funds 21,000 21,000 20,606 98.12% 11,841 74.02%
AFIS Reimbursements 13,500 13,500 - 0.00% - 0.00%
Miscellaneous - - (0) :100.00% 1,486 -----100,01%
Total Operating Revenues --------84,500, --------84,500, --------21,956 25.98%, ----------13,327- ----------64.74%
Appropriation of Fund Balance 182,800 207,720 51,930 25.00% 26,950 92.69%
Total Resources $ 267,300 $ 292,220 $ 73,886 25.28% $ 40,277 83.44%
Expenditures
----------------------------------
Federal Forfeited Funds 150,000 174,920 12,700 7.26% 8,295 53.10%
State Forfeiture Funds 105,000 105,000 15,569 14.83% 2,246 593.17%
Local Forfeited funds 1,000 1,000 - 0.00% - 0.00%
AFIS Maintenance&Equipment 5,300 5,300 1,238 23.36% 100.00%
LEOSE Training 7,000 7,000 - 0.00% - 0.00%
Total Operating Expenditures 267,300 292,220 29,507 10.10% 10,541 179.92%
Planned Contributions to Fund Balance - - - 0.00% - 0.00%
Total Adopted Expenditures 267,300 $ 292,220 $ 29,507 10.10% $ 10,541 179.92%
Quarterly Financial Report Pg . 42
CIP Project Status Update /%`
The Capital Improvement Program represents the City's plan for capital
investment within the community and provides a framework for identifying capital
requirements, scheduling projects, and identifying future fiscal year impacts. The
Capital Improvement Program is reviewed annually during the budget process to
identify new and upcoming needs in the community and to reflect changes in
priorities. This report is a financial update for some of the more significant
projects included in the FY20-21 Capital Budget.
Street & Sidewalk Capital Projects
23 $ 53,151,994 $ 26,658,610 50.2%
Preventive Street Maintenance 2020 $ 1,000,000 $ 258,628 25.9%
Preventive Street Maintenance(MY) 1,575,000 250,664 15.9%
Preventive Street Maintenance(2021) 1,000,000 - 0.0%
Glenview Drive East 3,860,000 132,568 3.4%
Drainage Utility Capital Projects
NONE
8 $ 2,506,108 $ 1,684,035 67.2%
Calloway Branch Channel Repair $ 1,446,258 $ 1,440,485 99.6%
Walker Branch Channel Repair 307,850 95,347 31.0%
Quarterly Financial Report Pg . 43
Utility Capital Projects
e B ® r
f
i
® ® ® A 0®B 0 0 ® ® B 0 0 B 0 0
30 $ 17,173,151 $ 7,473,130 43.5%
�o
fi
l
Walker Branch Interceptor Project $ A 0®a 6,016,525 $ 3,974,444 a 66.1%
Big Fossil Creek Wastewater Outfall 1,231,604 554,721 45.0% I ff
Conn Pump Station Pump and Electrical F 1,500,000 106,090 7.1% /
24"Wastewater Main Replacement 1,255,000 144,992 11.6% �r
Parks Capital Projects
9
16 $ 7,111,605 $ 5,147,148 72.4%
® A 0®B 0 0 ® ® B 0 0 B 0 0
Iron Horse Golf Course Improvements $ 3,385,000 $ 3,345,662 98.8%
Linda Spurlock Park Renovation 1,035,000 679,560 65.7%
�r.
�r
i
1
Quarterly Financial Report Pg . 44
Facilities Capital Projects
MENNEN
J
f
® ® ® A 0® B 0 ®® ® B 0 0 B 0 0
5 $ 677,400 $ 85,116 12.6%
Carpet Replacement at the Library $ 351,000 $ 17,617 5.0%
Major Capital Equipment Capital Projects
A
®15� $ A ®® ®11,224,060 $ 7,989,216 ®71.2%
f
Enterprise Computer Sys Replacement $ 3,674,428 $ 1,677,721 45.7% /
�I
1�
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"I r*4W
NOLa`C`H KIC"HLAND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: February 22, 2021
SUBJECT: Approve minutes of the regular February 8, 2021 City Council
meeting.
PRESENTER: Alicia Richardson, City Secretary
SUMMARY:
The minutes are listed on the consent agenda and approved by majority vote of Council
at the City Council meetings.
GENERAL DESCRIPTION:
The City Secretary's Office prepares action minutes for each City Council meeting. The
minutes for the previous meeting are placed on the consent agenda for review and
approval by the City Council, which contributes to a time efficient meeting. Upon
approval of the minutes, an electronic copy will be uploaded to the City's website.
RECOMMENDATION:
Approve minutes of the regular February 8, 2021 City Council meeting.
MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
HELD IN THE CITY HALL 4301 CITY POINT DRIVE
FEBRUARY 8, 2021
Via Webex Video Conference
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the 8th
day of February at 6.00 p.m. via video conference prior to the 7.00 p.m. regular Council
meeting
CALL TO ORDER
Mayor Trevino stated in accordance with the Texas Governor's March 13, 2020 Disaster
Declaration and subsequent suspension of certain Texas Open Meetings Act Provisions,
this February 8, 2021 meeting of the North Richland Hills City Council is hereby called to
order at 6.00 p.m.
Mayor Trevino stated that tonight's meeting will be conducted using Webex video
conference in order to observe physical distancing to mitigate the spread of COVID-19.
Mayor Trevino conducted a roll call of City Council members to confirm the presence of
a quorum.
Present via video conference:
Oscar Trevino, Mayor
Tito Rodriguez, Deputy Mayor Pro Tem, Place 1
Rita Wright Oujesky, Place 2
Suzy Compton, Place 3
Mason Orr, Associate Mayor Pro Tem, Place 4
Mike Benton, Place 5
Scott Turnage, Mayor Pro Tem, Place 6
Kelvin Deupree, Place 7
Staff present via video conference:
Mark Hindman, City Manager
Alicia Richardson, City Secretary/Chief Governance Officer
Maleshia B. McGinnis, City Attorney
1. DISCUSS ITEMS ON REGULAR CITY COUNCIL MEETING.
City Council had no questions for staff.
February 08, 2021
City Council Meeting Minutes
Page 1 of 8
2. DISCUSS SERVICE LEVEL REQUIREMENTS FOR PROPOSALS FOR SOLID
WASTE AND RECYCLING SERVICES.
Assistant City Manager Karen Manila informed City Council the City is in the final year of
the Republic Waste contract. Ms. Manila reviewed the structure and terms of the current
contract. The current contract includes:
() twice a week trash collection;
() bulky/bundled brush (up to 4 cubic yards per week);
() once a week recycling with rolling carts;
() landfill privileges twice a year;
() curbside and drop off Christmas tree collection;
() free trash/recycling at city facilities;
() 84 free roll-off hauls;
() free landfill privileges for city operations (400 cubic yards/month);
() $15,000 donation to Keep NRH Beautiful;
() $10,000 donation to senior programming.
Staff has researched other service level enhancements that can be included in the new
contract. Those services include:
() home collection and/or drop off locations for electronic disposal;
() curbside collection of household hazardous waste;
() "green" collections that do not get disposed of in a landfill;
() periodic "bulky" collection in addition to take all service;
() leaf collection during "leaf season";
() collection or cardboard that does not fit into recycling container;
() recycling drop off locations;
() free landfill entry for residents and (not limited to two times per year);
() storm debris cleanup collections.
Ms. Manila asked City Council if they would like to keep the structure of the bid the same
with general service requirements and alternate proposals.
Mayor Trevino asked staff to consider the ability for citizens to be able to place garbage
bags at the curb and not be limited to one large trash can/bin issued by the company.
He also asked staff to look at the difference of one day pick up versus two day pick up.
Council member Compton mentioned that she notices there is not compliance with limbs
being cut down to the acceptable length of 4 foot. Ms. Manila commented that Republic
Waste will not pick up more than 4 cubic yards even if they are bundled properly by
citizens.
Mayor Trevino asked that staff emphasize that elected officials are not to be solicited
February 08, 2021
City Council Meeting Minutes
Page 2 of 8
during the RFP process.
Ms. Manila informed City Council that staff is seeking their approval to hire a consultant
to assist staff with the procurement of a new solid waste and recycling vendor/contract.
The services will include the development of a RFP, assist with drafting the contract,
evaluating vendors, conducting vendor interviews and contract negotiations.
Mayor Trevino asked staff to work with consultant to negotiate a contract that provides
accountability and benchmarks for the vendor with regard to customer complaints.
Council member Wright Oujesky was not in favor of returning to one day pick up service.
EXECUTIVE SESSION
Mayor Trevino announced at 6.19 p.m. that the City Council would adjourn into Executive
Session as authorized by Chapter 551, Texas Government Code, Section 551.072:
Deliberate the purchase, exchange, lease or value of real property - Lot 8, Block 33,
Nor'East Addition, immediately located north of 5301 Davis Boulevard. Executive Session
began at 6.24 p.m. and concluded at 6.30 p.m.
Mayor Trevino announced at 6.30 p.m. that City Council would convene to the regular
City Council meeting.
1. SECTION 551.072: DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR
VALUE OF REAL PROPERTY - LOT 8, BLOCK 33, NOR-EAST ADDITION,
IMMEDIATELY LOCATED NORTH OF 5301 DAVIS BOULEVARD.
REGULAR MEETING
A. CALL TO ORDER
In accordance with the Texas Governor's March 13, 2020 Disaster Declaration and
subsequent suspension of certain Texas Open Meetings Act Provisions, this February 8,
2021 meeting of the North Richland Hills City Council is hereby called to order at 7.00
p.m. using Webex video conference.
Mayor Trevino conducted a roll call of City Council members to confirm the presence of
a quorum.
Present via video conference:
Oscar Trevino, Mayor
Tito Rodriguez, Deputy Mayor Pro Tem, Place 1
Rita Wright Oujesky, Place 2
Suzy Compton, Place 3
February 08, 2021
City Council Meeting Minutes
Page 3 of 8
Mason Orr, Associate Mayor Pro Tem, Place 4
Mike Benton, Place 5
Scott Turnage, Mayor Pro Tem, Place 6
Kelvin Deupree, Place 7
Staff present via video conference:
Mark Hindman, City Manager
Alicia Richardson, City Secretary/Chief Governance Officer
Maleshia B. McGinnis, City Attorney
A.1 INVOCATION
Deputy Mayor Pro Tem Rodriguez gave the invocation.
A.2 PLEDGE
Deputy Mayor Pro Tem Rodriguez led the Pledge of Allegiance to the United States and
Texas flags.
A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
There were no items for this category.
A.4 CITIZENS PRESENTATION
There were no requests to speak from the public.
A.5 PUBLIC COMMENTS
There were no requests to speak from the public.
A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA
No items were removed from the consent agenda.
B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A MOTION WAS MADE BY MAYOR PRO TEM TURNAGE, SECONDED BY DEPUTY
MAYOR PRO TEM RODRIGUEZ TO APPROVE THE CONSENT AGENDA.
MOTION TO APPROVE CARRIED 7-0.
February 08, 2021
City Council Meeting Minutes
Page 4 of 8
B.1 APPROVE MINUTES FROM THE REGULAR JANUARY 25, 2021 CITY
COUNCIL MEETING.
B.2 AUTHORIZE THE CITY MANAGER TO EXECUTE THE FOURTH AMENDMENT
TO THE TEXAS ANTI-GANG (TAG) CENTER ADMINISTRATOR AGREEMENT,
AS GRANT FIDUCIARY FOR THE TAG CENTER, INCREASING THE TOTAL
ANNUAL RATE OF COMPENSATION FOR THE TAG CENTER
ADMINISTRATOR TO $157,660.10
B.3 AUTHORIZE THE CITY MANAGER TO EXECUTE THE SEVENTH
AMENDMENT TO THE TEXAS ANTI-GANG (TAG) CENTER ANALYST
AGREEMENT, AS GRANT FIDUCIARY FOR THE TAG CENTER, INCREASING
THE TOTAL ANNUAL RATE OF COMPENSATION FOR THE TAG CENTER
ANALYST TO $77,381.20
B.4 CONSIDER RESOLUTION NO. 2021-008, AUTHORIZING SUBMISSION OF
THE APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF
AWARDED FOR THE TEXAS GOVERNOR'S OFFICE CRIMINAL JUSTICE
DIVISION FY22 VIOLENCE AGAINST WOMEN JUSTICE AND TRAINING
PROGRAM, GRANT #3367205
B.5 CONSIDER RESOLUTION NO. 2021-009, AUTHORIZING SUBMISSION OF
THE GRANT APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF
AWARDED FOR THE OFFICE OF THE GOVERNOR'S CRIMINAL JUSTICE
DIVISION FY22 GENERAL VICTIM ASSISTANCE GRANT PROGRAM, GRANT
#3544403
B.6 CONSIDER RESOLUTION NO. 2021-010, AUTHORIZING SUBMISSION OF
THE GRANT APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF
AWARDED FOR THE TEXAS GOVERNOR'S OFFICE CRIMINAL JUSTICE
DIVISION EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE PROGRAM
FY2022, GRANT#4269801.
B.7 AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE CITY OF HELOTES FOR THE PURCHASE OF
SLURRY SEAL AND OTHER GOODS AND SERVICES FROM VENDORS
SELECTED THROUGH THE COMPETITIVE BIDDING PROCESS.
B.8 AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE CITY OF SEGUIN FOR THE PURCHASE OF
SLURRY SEAL AND OTHER GOODS AND SERVICES FROM VENDORS
SELECTED THROUGH THE COMPETITIVE BIDDING PROCESS.
C. PUBLIC HEARINGS
February 08, 2021
City Council Meeting Minutes
Page 5 of 8
There were no items for this category.
D. PLANNING AND DEVELOPMENT
There were no items for this category.
E. PUBLIC WORKS
There were no items for this category.
F. GENERAL ITEMS
FA CONSIDER AND APPROVE RESOLUTION NO. 2021-011, CALLING THE MAY
1, 2021 CITY COUNCIL ELECTION, AND AUTHORIZING THE MAYOR TO
EXECUTE A JOINT ELECTION AGREEMENT WITH TARRANT COUNTY AND
OTHER POLITICAL SUBDIVISIONS FOR ELECTION SERVICES.
APPROVED
City Secretary/Chief Governance Officer Alicia Richardson informed City Council the
item before them this evening is to approve Resolution No. 2021-011, calling the City's
General Election to be held on May 1, 2021 to elect persons to City Council Places 1, 3,
5, and 7. The candidate filing period began January 13 and the last day to file for a place
on the ballot is Friday, February 12. Early voting for the election begins April 19 and
continues through April 27. Early voting locations in North Richland Hills includes the
Dan Echols Center, 6801 Glenview Drive and the City Library, 9015 Grand Avenue. In
addition, voters will be able to vote at any early voting location located Tarrant County.
On Election Day, there will be three locations in North Richland Hills - Dan Echols
Center, City Library and Former Bursey Senior Center.
A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY
ASSOCIATE MAYOR PRO TEM ORR TO APPROVE RESOLUTION NO. 2021-011,
CALLING THE MAY 1, 2021 CITY COUNCIL ELECTION, AND AUTHORIZING THE
MAYOR TO EXECUTE A JOINT ELECTION AGREEMENT WITH TARRANT COUNTY
AND OTHER POLITICAL SUBDIVISIONS FOR ELECTION SERVICES.
MOTION TO APPROVE CARRIED 7-0.
F.2 CONSIDER RESOLUTION NO. 2021-012, APPOINTING AN EX-OFFICIO
MEMBER TO THE PLANNING AND ZONING COMMISSION AND CAPITAL
IMPROVEMENT ADVISORY COMMITTEE.
City Secretary/Chief Governance Officer Alicia Richardson informed City Council the
item before them this evening is to consider Mayor Trevino's recommendation to appoint
February 08, 2021
City Council Meeting Minutes
Page 6 of 8
Greg Stamps as Ex-Officio to the Planning and Zoning Commission. If approved, Mr.
Stamps will serve the remainder of the unexpired term ending June 30, 2022.
A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY COUNCIL
MEMBER WRIGHT OUJESKY TO APPROVE RESOLUTION NO. 2021-012,
APPROVING GREG STAMPS AS EX-OFFICIO MEMBER OF THE PLANNING AND
ZONING COMMISSION AND CAPITAL IMPROVEMENT ADVISORY COMMITTEE
THROUGH JUNE 30, 2022.
MOTION TO APPROVE CARRIED 7-0.
G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY
ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION
AGENDA
Mayor Trevino announced there was no action necessary as the result of Executive
Session.
H. INFORMATION AND REPORTS
H.1 ANNOUNCEMENTS
Council member Compton made the following announcements.
Children are invited to celebrate Valentine's Day with a Take It / Make It Craft Kit from
the NRH Library. The free kits are available for pickup at the children's area of the library
or through curbside pickup, while supplies last. Please visit the library's website or give
them a call for more information.
The Animal Adoption & Rescue Center will hold a Low Cost Pet Vaccination Clinic on
Saturday, February 27 from 10.00 a.m. to Noon. The clinic will provide rabies shots,
booster shots, city pet licenses and microchips. Please contact the animal shelter for
pricing and more information.
Kudos Korner - Staff and volunteers from the Library, Parks & Recreation, Police, Fire
and Finance Departments - Numerous comments have been received thanking everyone
who is helping to run the COVID-19 vaccine site at the Hurst Convention Center. We've
had over 30 people from NRH working at the center, assisting with everything from traffic
control and check in to data entry and giving shots. Residents have said they are grateful
for how efficiently the site is run, and they have complimented everyone for being helpful
and kind throughout the vaccination process.
February 08, 2021
City Council Meeting Minutes
Page 7 of 8
I. ADJOURNMENT
Mayor Trevino adjourned the meeting at 7.19 p.m.
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson
City Secretary/Chief Governance Officer
February 08, 2021
City Council Meeting Minutes
Page 8 of 8
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: February 22, 2021
SUBJECT: Approve award of RFB No. 21-003 to Horizon Distributors for the
purchase of landscape chemicals and supplies in the amount of
$58,112.88.
PRESENTER: Tanner Arwine, Parks Assistant Superintendent
SUMMARY:
The city council is being asked to award a contract to Horizon Distributors for RFB 21-
003 Landscape Chemicals and Supplies in the amount of $58,112.88.
GENERAL DESCRIPTION:
The Parks and Recreation Department performs irrigation maintenance as well as
landscape chemical applications through in-house staff. The materials utilized for these
tasks are used on city parks and athletic fields, municipal facilities, and rights-of-ways.
Bids were received on January 20t", as follows:
rrrtpriy„ Tara°I
e
Horizon Distributors $58,112.88
SiteOne Landscape Supply $63,722.95
Winfield United Incomplete
Funding for landscape chemicals and supplies is allocated in both the General Fund and
the Park and Recreation Facilities Development Fund. The total approved annual budget
for these items is $59,274.
This item is to award a one (1) year contract, with four (4) additional options to renew for
one-year each. Provided that funds are appropriated in the city's annual budget for the
initial terms and the remaining renewal years, and the terms and conditions of the contract
do not change, the remaining renewals will not require additional City Council approval.
RECOMMENDATION:
To approve award of RFB No. 21-003 to Horizon Distributors for the purchase of
landscape chemicals and supplies in the amount of$58,112.88.
N () K i it K I CHL A Ni) H i t� t. s
I' lir ci-ry (:) I- (' 11101CC
PURCIIASING DI'll"ARTAIEN"I'
REQUESTFOR BID
21 -00.5 LANDSCAPE CHEMICALS
AND SUPPLIES
BIDS DtJE WE"DNESDAY, JANUARY 20, 211,021
BY 2:00 P.M.
I
Contents
INVITATION 'ro BiD.. ................... ....................................... ............
GENERAL CONDITIONS....... ..._...... ....... ................. ...... ............... ........................4
INSURANCT Rl"QUIRFMI"INTS................. ........................... 10
NON-(I OLLUSION AFFIDAVITOF BIDDER _......................._.................. ................... I I
BID CERTIFICATION..................... ...... ...................... ........ 12
COMPLIANCE WITH HOUSE BII...I- 1295 .... ...._ ....................._...... ...... 13
FOR DISADVANTAGED BUSINEISS ENTEM"RISE"S ONLY __...-.... ................................ 14
CONFLICT Of" INTFRESTOUE-STIONNAIRE... ....... ................... .................. 15
CONTRACT CHANGES GRID....... __... .................. ........ 18
SPECIFICATIONS.........__........ ........ ............... 19
2
I Nk"H'AT1()N TO I I 11)
The City of North Ric]I]a lid I I i I Is is accepting scaled bids from a I I intercs(cd partIcs I 6r:
Bid NUmber: 20-003
1311)FOR
Bid Type: R EQUE'ST
Bid Name: LANDSCAPF (TIENTICALS AND SUPPLIFS
Bid Due Datc: Wc(Inesday, January 20, 2021
Bid DucTinie: 2:00 P.M, Central Standard Time
Deadline for questions:
Da(c: Wednesday, January 13, 2021
Time: 12:00 P.M. Central Standard Tinie
DOCUMF"NTS MUST 13E SUBMITTE'D ELECTRONK.'ALL)," VIA:
blimmw has co III
No oral explanation in regards to the mea n i ng o f 1,lie spec i fications kv i I I be made,aaracl 110 oral i list I-LICt iO]IS
will be given after the pre-bid meeting and before the award of the contract, RCkILIC-StS Iron interested
vendors for additional information or interpretation of the Information included in dic. specification should be directed III writing as -,,I question related to this bid on I"Liblic Purchase sand flic question will
be answered on Public Purchase. All addendunis will also be posted to PLIbliC PUI-C1I',ISe- It will be the
vendor's responsibility to check all intbrmation related to this bid on PUbliC PUNIKISC IV(61-C SUbmitting
a response.
The City ot'North Richland I fills reserves the right ((.I re' I I reject In 11art 01' ill WhOIC all bids SLIbillitted, and
to waive any technicalities fbr the best interest ofthe City ot"North 1~ ichland Hills.
3
I
9 F N F,RA I ('-1 I
0 N I)I'll 0 N S
In subtliftfing this bid, tile Bidder understands and agrees, to be bound by the hallowing, terms and
conditions. These terms and conditions shall become a part ofthe purchase order or contract and Will
consist of tile invitation to bid, spccifications, the responsive bid and the contract Willi attachillents,
together Willi any additional documents identified in the contract all(] ,my written change orders
approved and signed bya city official with authority to do so. All shall have equal Nvcig;fi( and be deemed
a part of the entire contract, 11' there is as conflict between contract (10CU11101tS, the provision more
favorable to the City shall prcvall.
1. BID TIME
It shall be tile responsibility of each Bidder to ensure his/ficr bid are submitted to the Public
Purchase website can or before 2:00 P.M. Wednesday,January 20, 2021. The official firne shall
be determined by (lie Public Purchase Website. The Public Purchase Websile will NOT allow
bid responses to be uploaded after tile closing I inle.
All attached bid documents are to be retUrned completely tilled out, totaled, and signed. The
C I
ity of'North Richland hills ills will not accept any bid documents other than the attached.
2. WITHDRAWINC Ill I)S/PRoPOSALS/QLJO"I'ES
Bids may be withdrawn at any time prior to the official olicning; request lbr non-consideration
of bids must be made; in writing to the Purchasing Manager and receive(] prior to (lie time set for
opening bids. The bidder warrants and U'Llarantces that his/her bid has been carefully reviewed
and cliecked and that it is in all things true and accurate and Free of mistakes. Bidder agrees that
a bid price may not be withdrawn, or canceled by the bidder 16r a period ofnincty (90) (lays
following the clate designated for the receipt of bids.
3. IRREGULAR BIDS/PROPOSALS/QUOTES
Bids will be considered irregular if they show any omissions, alterations ol'16rin, additions, or
conditions not called liar, Unauthorized alternate bids,or irregularities ofany, kind. However, the
City of North Richland hills reserves the right to waive any irregularities and to niAc tile award
in the best interest ofthe City.
4. RE,IEC'I"ION/1)[SQUALIF'ICAI'ION
Bidders will be disclualificd and/or-their bids rejected, anion.p, other reasons, f'()r any of tile
specific reasons listed below:
a) Bid received after the time set fbi- receiving bids as stated '11 tile ad%colsellient:
b) Reason Or J)ChOlillg 0011LISi011 exists among tile Bidders:
c) Bid containing unbalanced value of any item; bid offering used or reconditioned
CC]LliplllCllt;
(1) Where (lie bidder, sub-contractor or SUPJ)Iier is in litigation with the City of North
Richland Hills or where such litigation is contemplated or innnincrit,'
C) Uncompleted Work which ill tile jUdglTICIlt of the, ity Will prevcn( (,,r lunder tile prompt
completion ol"Idditional work, or having defaulted on as previous contract:
1) Lack of'conipetencyas revealed by refierence cliecks, financial statement, experience and
CqUipITIC11t, ClUeStIonnan-es, or qualification statenicni;
4
g) Bid containing special conditions, clauses. alterations, items not called for or
irregularities of any kind, which in the Owner's opinion inay disqualdy (lie Bidder.
1-1 owever, the City of North Richland I I ills reserves tile right to waive any irregu larit ics and to
make tile award ill the best interest of tile City of North Richland Hills.
5. BID EVALUATION
Award ofbid, if it be awarded, will be made to the lowest responsible bidder or may be awarded
to the bidder that offers the goods and/or services at the hesi value fior the City (Texas Local
Government Code, 252.043). In determining tile best value tile City will consider the following:
it) The purchase price; terms and discounts; delivery schedule;
b) The reputation ofthe bidder and of the bidder's goods or services;
c) The quality ofthe bidders' goods or services;
(I) 'rhe extent to which (lie bidders goods or services meet tile City specifications and needs;
c) The bidders past relationship with (lie City;
I) Total long terra cost to the city to acquire tile bidder's goods or services-,
g) Any relevant criteria specifically listed in the specil'ications;
11) Collipliance with aII State and local laws, General Conditions and Specifications;
i) ReSLJ1tS Of tCStllli,', lfmll,lir0d,
Warranty and/or guarantee, maintenance requirements and perlormancc data of the
product requesicd;
k) City's evaluation ofthe bidder's ability to perform to specifications.
6. AWARD OF 1311)
'['Ile bid award will be made within sixty (60) days aftcr the opening ol'hids. No award will be
made until after investigations are madc as to tile responsibilities of tile best biddcr.
The City of North Richland Hills reserves the right to, award bids \vhole or ill part when decined
to be ill the best intcrcst oftlic City. Bidder shall state oil bid f'orm if their hid is "all or ilone",
otherwise it shall he considered as agreeing to this section,
11601-11latiOn Contained M submitted bid docunicritsshall not be available for inspection until afler
the aNvard has been made by tile City Council. Requests Im this int'ormation inust be SUblilitted
in writing.
7. ASSIGNMEINT
The success(til bidder may not assign his/her rights and duties render anaward without the written
consent ofthe North Richland Hills City Manager. Such consent shall not rclic\e the assignor of
liability in the cvent ot'defimilt by Ills assignee.
8. SUBs,rITUTIONS/EM"EPTIONS
Except loils/varlat ions firom (lie specifications may be acCCI)WIAC INOVOW such ViffiatiOIIS, ill
each instance, is noted and fitilly explained in writing and submitted with bid. NO substitutions
or changes in tile specifica(ions shall be permitted atler award of' bid Nvithou( prior written
approval by tile Purchasing Manager.
9. DELIVERY/ACCfPTANCE
5
The delivery(late is all iniportant kictor ofth" bid and shall be considered duvin,, (lie evaluation
-
process,. The City considers m delivery tie the period elapsing horn the thric the ordcl is placed until tile City receives the order at the specified delivery location, All material shall be delivered
17.0,13. City of.'Nortli Richland hills to tile address specified at the time oforder. Acceptance by
the ity ot'North Richland I dills ofany delivery shall no C a t relieve the onti"cti ir o f"Illy gLlaran(CC
crr® Warranty, expressed or implied, nor shall it be considered an acceptance of nialerial not in
accordance with the spccirications thereby Waiving the City of' North I�Ichland [,fills right to
request rclilaccrnent of dellective material or material not meeting specificatiOns.
10. NOTICE OF' DELAYS
Whenever the contractor C11COUnters any diffiCUlty Which IS delaying or dircatcris to delay timely
peribrilla lice, Nvrilten 11011cc shall inimcdiately be given to the Purchasing Manager, stating all
relevant infiornia(ion. Such notice shall not in any Way be construed its a \v,ilvei by the City of
any rights or reniedics to Which it is entitled by law. Delays ill perlorniaacc and/or completion
may result in cancellation ol'agreenicilt.
11. SALES TAX
The C.ity olNorth 1�icliland Hills is exempt from F`edcral E'xcise and State sales tax; therefore
tax illust not lie added to bid.
12. TIE BIDS
In (lie event ol"a tic bid, State Law provides the bid or contract shall be awarded to the local
bidder. ]I) cases where as local bidder is not Involved, lie bids shall be awarded by drawing lots
at the City Council niecting, or as otherwise directed by the Mayor.
13. BRAND NAME OR EQUAL
It' items are identified by as "brand name"" description, SUCh iolcrinfication is intended to be
descriptive, not restrictivc, and is to indicate tile qUality and characteristics ol'products that will
be satisfactory. As used in this clause, the term "brand name" inckl&S i(ICIII It IC.3001) 0l'pI-0dLICtS
by make and rnodeL
Such products, must lac clearly identified in the bid as an equal product and published
specifications ofthe equal products offered 111LIst be Included with tile bid reply.
Bids offering equal products will be considered for award if determined by tile Purchasing,
Manage]-arld tile User departirient to be eqUA ill all Material I-CSpeClS to tile br,'111d narvic products
refierenced. The decision ofacceptable"equal" items or variations in the specifications will solely
be the City cal'North Richland Hills. Unless the bidder c1carly indicates in his/her bid that lie is
offering all "cqual" prodl.10, his bid shall be considered «as 0116"ing the blAlld IVAITIC [M-OCILICI
relercricccl in the invitation lor bids.
14. REFERENCES
A niininiurn ot'direc l3) references. prercrably located within the Dallas/posit \Xorth N/letroplex,
1111USt be SUbmilted with each bid. Company nairic, contact and phone number must be included
Willi each rcli rcncc.
6
15. l'ROI-IIBI*1'1()N ,,*%(,;AINS'I' PERSoN/�l,, FINANCIAL WYE REST IN CONTRACTS
No employee ofthe City oaf'North Richland Hills shall have as direct or indirect financial interest
in any proposed or existing y
contract. purchase, work, sale or set-vice to or 1) tile Oity (CMA-
074, Standards oaf Conduct, Section JV).
16. TERMINATION/NoN PERFORMANCE
Continuing non-lierlorniance of`the vendor in ternis, ol' SI)ecifications sh,01 be as basis flor tile
termination ofthe contract by the City. The City of North Richland Hills reserves the right to
cill'orce the 1wi-forniatice ofthis contract in any manner prescribed by ki%v or (1certled to be ill tile
best interest of(lie C ity In the event of breach or deftaill ofthis contract. The City reserves (lie
right to terminate the contract irtimcdiately in tile event (lie, successful bidder falls to 1.) Meet
delivery schedules or. 2.) Otherwise not I)erfbrni in accordance with these specifications.
Breach of contract or default atallorizcs tile City to award tot another bld(lcr, ilnd/or 1)urchase
elsewhere iind charge (lie roll increase in cost and handling to the detlatlltint` SL1CCcSSft1J bidder.
The contract inay be terminated by either 1),irty Lipon written thirty (30) diiys' notice prior to
cancellation without cause.
17. ATTORNEYS FEES
Neither party to this contract shall be entitled to attorney fires Tar tiny niaticr arising under this
contract, whether for aidditional work, breach of contract, or other clairn fior go oils, services,, or-
compensation. All claims fear attorney's fees are hercby WAIVI-J).
18. INDENINYYY
City shall not be liable or responsible for, and shall be saved a"d held harmless by
Contractor from and against any and all suits, actions, losses, damages, claims, or liability
of any character, type, or description, including claims for copyright and patent
infringerneW, and including till expenses of litigation, court costs, and attorney's fees for
injury or death to any person, or injury to any property, receive(] or sustained by any
Berson or persons or property, arising out of, or occasioned by, directly or indirectly, the
performance of Contractor under this agreement, including claims and damages arising it)
part front the negligence of City, without; however, waiving tiny governmental immunity
available to the CITY under 'texas law and without waiving any defenses, of the parties
under "texas law. The provisions of this indemnification are solely For file benefit of the
pat-ties hereto and not intended to create or grant any rights, contractual or otherwise, to
any other person or entity.
It is the expressed intent ofthe parties to this Agreement that the indemnity provided for
in this section is ,in indemnity extended by Contractor to indemnity in(] protect City front
the consequences of City's own negligence, provided, however, that the indemnity provided
for in this section shall apply only when the negligent act of City is as conlribulory cause of
the resultant injury, death, or daniage, and shall have no application when the negligent
act of City is tile sole Cause of the resultant injury, death, or damage, munixed Nvith the
legal tault of another person or entity. Contractor further agrees to defend, at its own
7
expense, and on beliall'of City and in the name ol'City, any claim oat- litigation brought in
connection with any such injury, cl .,ath. or dainage.
The Contractor will secui-e and maintain Conti-actual Liability insurance to cover this
indemnification agreement that will be primary and noncootributory as to any insurance
maintained by the City for its own benefit, including self-i n su ra lice.
19. PERFORNIANCFAND 111AYMEATBONDS
In (lie event file total contract aniount exceeds $100,000, the Contractor shall lie required to
executca perlb rn1a lice bond in theanIOUnt of'one hundred ( 100)percent ofthe total contract price-,
ifthe total contract amount exceeds$50,000 the contractor shall be required (o oxectile as paynient
bond in the amount OfOrIC hLindred (10,0) percent ofthe total contact price, each in slandard lornis
Ibr this purpose, guaranteeing fictiffifid perlorniance of work and guaranteeing I'mynient to all
Persons supply labor and Tria(critals or flurnishing any equiptrient in the exectii lon of the contract.
It is a"reed that this Contract shall not be in effect Until such perlbrinance and payment bonds are
furnished ,in(] approved by the City of North Richland Flills, No exceptions to this provision
allowed.
Unless otherwise approved in writing by the City of North Richland Hills, flie surety Company
undcrwriting the boilds shall be acceptable according to the tartest list of companics holding
certificates ofauthority firorn the Secretary ofthe "Freasury of the United Sww,�,
Attorneys-in-filct who sign bid bonds or contract bonds must file with each hond as certified and
current copy oftheir power ofattorney,
20. INTERLOCAL AGREEMEN'If
Successful bidder agrees it) extend prices and terrns to all entities who have cntcrcd into or will
enter into J01111, pUrChaSing interlocal cooperation agrecrucrits with the City of Nolili Richland
Hills,
01 Yes, we agree No, we (to not agree
21. El..E,c,rRONI(,' PROCUREMIENT
flee Oty of North Richkind Hills has adopted policies ,in([ prOMILH-CS CM'Opfyii)Ll With I-OCal
Government. Code Section 252.0415, Section 271.906 and Section 21155.062. The City ol'North
Richland Hills ni'ay receive submittals in electronic l'brin in response to proc'urenient requests.
However, as bid that is submitted non-clectronically by the due date and tirvie avfill be accepted and
then entered electronically by purchasing after tl1c bid opening.
22. COMPLIANCE WITH SB 89:
Vendor agrees per 1.113 89 of the 85th Texas Legislative Session, and in accor(hince, with Chapter
2270 ofthe Texas(jovernment (,ode, vendor has not and shall not boycott IsraQlit any time while
providing prodLiCtS Or SCrViCeS to the City ot'North Richland Hills.
Yes, Nve agree No, we (to not zigrce
IKI
8
23. COMPLIANCE WITH SB 252:
Vendor agrees per S13 252 ofthe ,s5"' Tcxas Lepslativc Session, and in accordance with Chapter
2,252 of*tlie Texas Goveniment C.I ode, vendor shall not do business with Iran, Sudan or as fi)rcigil
terrorist organization while providing PrOCILICtS or set-vices to, the City of North Richland Hills,
p,,)4)1cs, Nve agree No, we do not zlqv ec
Z71
By sclecting no, vendor certifies that it is affirmatively excluded firom the federal sanctions regime
by the (Jiiiied States government and is 1101 subject to the contract prohibition under Section 2252.154
of the Texas Government Code. Vendor shall provide sullicient documentation to (lie City 01' SLICII
eXCIUS1011 prior to award of any contract for goods or services.
24. ETHWS AND (70NIPLIANCE POLK'Y
The City's Ethics and Compliance Policy can be found at The City of North Richland Hills
Purchasing Division webpage - Or you may t'CLjUeSt a1 C011y fi-orn the Purchasing Division.
Acknowlecignient - ']'Ile City ol'North Richland Hills* Inturial Elthics and Comp Nance Policy has
been made awillable to iric. I understand the expectations of ethical behavior mid corripliance with
the law, and agree to adhere to the City's ethics policies.
agree
1 (10 not agree
25. DEPARTMENT OF TRANSPORTATION (TXDOT) REL,A1"'ED BIDS
""I'lie City of' North Richland Hills, in accordance with the provisions of Title VI of"the Civil
Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000(1-4) art(] the regulations, hereby
notifies all bidders that it NN,,iJI affirinatively ensure that any c()n1ract entered into pursuant to this
advcrtisemem, disadvantaged business enterprises will be afl'orded full a,md I'dir opportunity to,
submii bids in response to, this invitation and will not be discrinlinatcd against oil (lie grounds of
race, color, or national origin in consideration fear` art a%wird." ])Lie care and diligence has been
used M preparation ofthis inforination, and it is believed to be substantially correa I lowcver. tile
responsibility liar determining the 1*611 extent of the exposurcand tile verification ofall information
presented herein shall rest solely with the bidder. The City of' North kielikand Hills and its
representatives will not be responsible fior any errors or omissions in these spcclfica(ions, nor fbir
the failure oil the part of the proposer to determine the full extent orthe exposures,
9
I N S N. WX N CF, It 1, 1 I I Z F"VI t° NTS
Contractors perl'orniing Nvork oil City property or public right-of4ay for the City (A'North Richland
1-fills shall provide the City it certificate 01'Insurance evidencing the coverages and COVC1,zige provisions
identified herein. Contractors shall provide tile City evidence that all Stlbcontrac(ors perl'orriling work
on the project have tile same types and amounts of coverages as required herein or that the
subcontractors are included Under tile, contractor's policy. The City, at its own discretion, may require
a certified copy ol'the policy.
All insurance companies mid coverages,must be autliorized by the Texas Department of
Insur-ance to transact business in the Stale of Texas and must be acceptable to (lie City of Nol-th
Richland Hills.
Listed below are the types and aniounts Of insurance generally required. The (.)ty reserves the right to
amend the inSURUILT rcquij-CJllC1ltS Or NqLlil-C addition,11 IyIPCS arlld aarracrLIntS Of CONV ')gICS Or pt-OViSions
[�
depending on tile nature orthe ,vork or services to be peribrined.
...............
Type ol'insurame Amount of Insurance Provision
1. Commercial (Jeneral Liability(o S1,000,000 each occurrence, City to he liqcd as additional
include covcrage 16r: S1,000,000 gencral aggregate, insured and prov�dcd A0 day-notice
a') Premises/operations ofealleellalioll or material Change
lag llrodtictsCompieled 01- ill Coverage
Operations
C) 111dellelldelli (."olltractors S 1,000,000 collibilled sing1c I fillits ("i I Y pr&rs chart i I I s u rel.be rated
d) Personal Infill'y 134-V I or highcr by A, \,L [lest orA
e) Contractual Liability or higher by Smnihird & llm)r's
1) Personal/Advertising hJury
g) Medial Expense
h) Fire Legal I.Aabifily
i) Undcrgrmind I lazard
J) Fxplosion/Collapse I jazard
k) Parent hifi-ingenient
1) Cop, Ij!_Laxv Violations
2. Consultants,architecls, engineers, S500,000 Ilrojessional hability
Landscape(lesign specialist, other with proofthat aggregaic is still
I services available,
.............. -------
3. Workers'C'oniponsalion ho)ik AlterllatQ employet.cildorsenlent
S500,000 each accident 1" 111 red
4. Comprehensive Automobile S500,000 Collibilled single hillit
hability hism-aticc, including liar bodily in.jur,),and properly
cowl-age 661-loading alld unloading damage
hazards, f6r
a), Owncd/Le�ased Vehicles
b) Nort-Owned Vehicles
c) Hired Vehicles
A PURCHASE ORDER WILL NOT BE ISSUED W14411OUT' EVIDENCIF. OF INSURANCE.
10
NON-CA)LIXISMiN A FIA D AN'IT 011"' lit DD F,R
State of Count), 01, e)
verifies that:
(Naive)
0 Ile/She is owner, partner, officer, representative, or agent of
-JA)�P,",—?��Ll Q- eLL.L,"Jbi 12 haS SLIbillittCd the attached
bid: (Conlpany Maine)
(2) 1 le/She is fully inkirmed ill respect to the prcparallon, ccliltelits and circumstances Ill
regard to attached bid;
(3) Neither said bidder nor wrray ofits offlicers, partners, agents or employccs has in ally way
colluded, conspired or agreed, directly or indirectly with any other bidder, firm,or person
to submit a collus've or sham bid ill connection with attached bid and the price or prices
quoted herein ar fiair and proper.
SIGNA11
I'MNTED NAME
Subscribed and sworn to bek)re me this
_Act Day 2021.
V�L
of Tox3s
NOTARYI'( OEJC III and I'm
yaw
Grp
4
AlY, 32,
County, Texas.
My Commission expires:
THIS FORM MUST BE COMPLETED, NOTARIZED ANNTD SUBMITTFt), XVITH BID
11
, %,1,10"N
BfD CIIERTI u R",
The Undersigned, in submitting this bid, j-presents and certifies.
a. I-Ich she is fully 1111,61-I'lled regarding the preparation, contents and Cil-CLIMSIMICCS ofthe attached
bid,
K He/she proposes to fiurnish all CCILlil)IMnUservice at the prices quoted herein and bid is ill strict
accordance with the conditions and specifications stated herein;
c. There will be at no tinge a misunderstandingas to the itimit cfl'the specifications,or conditions to
be overcome or pleaded aller the bids are opened,
& He/she is an equal 0111)01'tLinity employer, and will not discriminate with vc,,gard to race, color,
national origin, age or sex in the perlormance of this contract.
e. The undersigned hereby certifies that he/she has read, understands,and agrees that acceptance by
the CityofNorth Richland Hills ol"the bidder's offer by issuance, ol7a purchase order will create
a binding contract. Further. lie/she agrees to fully comply with docuillclitary tim-nis herewith
made a part ol'this sliccific procurement.
COMI',IANY:
A
ADDRI:.,"SS: 74
f Iq6
CITY, STATU" & Z I P:
I-"AX
EM A 11-: A
SIGNATURE,
PRINTED NAMF.:
DATE:
12
COMPLIANCF, kVIT11 11OUSF BILL 1295
In 2015, the Texas I-egislature adopted peruse Hill 121)5, which added section '2252.908 of tile
Government Code. The law states that as governmental entity may not enter into certain contracts with
as business entity unless the bLISilICSS entity submits as disclosure of interested parties to the governmental
entity at the time the, business entity submits the signed contract to tile governmental entity,
"rhe law applies only to as contract ofa governmental entity that either(I) requires an ,let ion or vote by
the governing body ofthe entity or agency before the contract may be signed or (2) has 'a value of at
least $1 million. The disclosure reLlUirernent applies to a contract entered into on or afkr January 1,
2016.
Tile Texas Ethics Commission has adopted rules necessary to implement tile law, prescribed tile
disclosure of interested parties R)rni, and posted as copy ofthe Ibrm can the comilussli.m's website.
Filing Process:
"I'lic commission has made available on its website as new filing application that must be used to file
Form 1295. A bLJSiIICSS entity IIIIISt:
I) Use the application to, enter tile required inforniation oil Form 1295,
2) Print as copy ofthe completed form, which will include as certification cif filing that will contain
as unique certification number.
3) Contract Numbcr should be the Bid/RI-P Number and Bid Title.
4) Sign the printed copy ofthe lorm (an authorized agent ofthe business entity, MUSI Sign),
5) Either include your persona I intim-nation or have tile form notarized,
6) File the completed Form 1295 with tile certification of filing with the governmental body with
which the business entity is entering into the contract.
Tile governmental entity must notify the commission, using the commission's filing application, ofthe
receipt of the filed Form 1295 with the certification ot'lliling not later than the 30(h (Lay after the date
the contract hinds all parties to the contract, Tile comillission will post the compleled Form 1295 to its
website within seven business days after receiving notice ti-orn the g overnmental entit)%
Y In
Information regarding how to use tile filing application may be found at
icsAak'l\'us, forrn I 2-1)�Amn.
13
FOR DISADVANTAGIA) BUSINL'SS F.M-3FIRPRISES ONLY
DisadvantaLled Business Enterprises (DBE) are encouraged to participate in (lie City of North
Richland Hills bid process. Representatives from DBE Cornpanies should identit'Y themselves as
such and submit a copy of their Certification.
The City of North Richland Hills recognizes the certifications of both the State of Texas
Building and Procuren'tent Conitnission HUB Program and the North ("I
ei0ralTexas Regional
Certification Agency. All companies seeking information concerning DBE certification are
urged to contact:
Texas Building and Procurement Commission
Statewide HUB, Program
1711 San Jacinto Blvd., Austin TX 78701-1416
P 0 Box 131,86, Austin, 'TX 78711-3186
(512) 463-5872
ate.1
North Central'Texas
Regional Certification Agency
624 Six Flags Drive, Suite 216
Arlington, 'Vexas 76011
(! 17) 640-0606
If your company is already certified, attach a copy of your certification to this forin and return
as part of your packet.
Company Names:
Representative:
Address:
C'ity, State, Zip:
Telephone No. Fax No.
Email address:
INDICATE ALL THAT APPLV:
Minority-Owned Business Enterprise
-Women-Owned Business Enterprise
-Disadvantaged Business Enterprise
14
CONFLICTOU"
Pursuant to Chapter 176 (,)1' the Jexas Local Govermlient C,'ode, a person, or agent (4a person, who
contracts or seeks to contract for the sale or Purchase ol'properly, goods, or services wall the City ot'
North Richland Hills must file a conipleted conflict of interest questionnaire. The conflict of interest
questionnaire Must be Filed with the City Secretary ol'the City of North Richland Hills no latcrthan the
seventh business day aller (lie person or agent begins contract discussions or negotiations with the City
of"North Richland Hills or submits to the City of North Richland Hills an application, response to a
request for proposal or bid, correspondence, or another writing related to a potential agreenlent with the
City of North Richland hills. Ali updated conflict of'interest questionnaire RIUM be filcd in accordance
with Chapter 176 of' [lie Local Governnient Code, An oC6ense under Chapwr 170 is a Class C
misdemeanor.
'File ("onflict o(Anterest Questionnaire is included as part of'this document and can he 161,111d at:
https://www.etliics.st-,itc.t\.tis/l*(,)i-iiis/L!_Qj)(if
15
CONFLICT OF INTEREST OUESTIONNAIRE FORM C10
For vendor doing business with local governmental entity
7
This quostionnalro rallocis changes made to lho L1W A by H .23,84th Log., Roquhr Session. OFFICE USE ONLY
"Mis questionnMre rs beiriq Med nri ar,cfAdaica with Chapter 176,OcJ(30V6fllMeM iCoda,by,,i vxtdor Who D'm' "'d
lams a business relakksknshiiij em rIefiH44d by Suc6�:m 176 00 1(1-a�with n tc,,cn qovefwnei%[enMy and the
ven,ft rrieets ieq4remenN on,,Jet Siie-60il 17G 006(a),
By law Maus quasrsoriwile mrisi tx f4eJ m0 the records adrNnistfr0or of the kncol fintity neat laatamr
than the 7th busfnev,&iy illei 11'w dit;i 4iarw vendor bprcmur .IWOIP3 Of f0d-,tlMt i,N1043 thh' to b:
Ned StRe Se,cljoii 176.006(;,1 if Loc,at7 Gooxnrneni Code
A vandar rrAmnits an ollenso if 1ho vardex knov4nglj vjdaW7 SoOon 176 OM Loc,,il Gov,Tnniorit Ccde An
offeose undeir this section is n inisd9me,-mior
Name of vendor who has abusiness relationship with local governmental entity.
Check this box if you are filing an update to a pro viously filed questionnaire,(The[aw iecloi res fka tr yoii r,!e io updated
conipl! ted questiorio6w with tlw appropriate filing auftrity firwt later 91m !he 7th i)usiness d,',,ty Sall lhi dato,on which
you becarre avoaro fiv.lt the 06g rlwly Ned w,)s iricornplete or inaccuratej
2J Name of local govoinnient officer about whom the information is boing disclosed.
Narne of Officer
4 Describe each employment or other business relationship with the local government 0ffilcer,A)l a farinily member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the foetal government officer.
Complete subparts A and B for each employment or business relationshipdascribed. Attach add ifiwad pages to this Form
CIO as necessary.
A Is the local gove;rinienl officer o,f a N)inlly rnetiilaet Of the offict.r or likely fir I lay"able iocr lille
o1hei lhoui VnvesNrivnt iricorne trOM the vondot?
1 11
El ye� L.:fj No
B Is the Verldol r«,en irqj Ua likeiy to gecejve laxabl",14'lconw o1her tf),an invesUnera inco,nr, r u.Mra1 of at Vie direebor)
cal the foval r')0VH1n1T1(Ynt ofticien of as laaAy riiernbet of The olkcei AND the taxable incoin., t no,received trorn the
041MY?
5 L_j No
Describe each employrnew or business relationship that the vendor named in Section I maintains with a corporation or
other business entity with respect to which the local government officer serves cis an officer or direcloi,or holds an
ownership Interest of one per cent or more.
"e6QLA4U
±j Check Oils boN of tho veri,,.lor has given the k)cal govemirnent officer or t°'IinHy Of Th,Of;�-1 cq lo rrrAT)(N 0 fts
as describcd in Sc�clion 176.003ia)(2)(H), rexc[uling gifts dor;c ibed in Spz(nion 176 002�n
thov&JO?I
Sir ra reure of 'erl&"r&,kyj voth 1110 govall),110nW ernTlt Date
Rwrn providod by loxa� P�,,vkod 111'30?015
I b
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Clvaptei 176 of the Local Govetriment Code may be fOUnd at
Docs?LG(J-itni/LG.1 76,h1m, rot easy reference,below at4sonie of the sections cited on this lorm
Local Governmetit "BUSir)eSS Telalionship"rneans a connection lbptwe�,')n Mo or niare parties
based on commercial activity of one of the parties, 'rhe lerm does not include a connection bnsc,,d on:
(A) a transaction that is subjert to rate or tee regulation by a,federal,state,or local Ctr:wornrmflllM entity or tiara
agency of a trxieral,state,of local govot nnionial enlily;
(B) a transaction conducted at a price arid subject to lerins,available to the pubfic;or
(C) a Ptachase 01 lease or goods or,services from a pei son that is chw tercKl by a state or led tat agency and
that is subject to i equlariexaminalion by,and reporting to,that agency,
Local Govornmant Car19 1. 76. 39)(g)�kALpALBk.
_qq-(
(a) A local govcn,nment officer shall file a conflict,,;cfisclosuie slaN,,rinonl with respect to.a v� it:,nrkkr '
.1. 1
(2) the vendor,
(A) has an eniployineril or ollier businoss,relations bits with lire 1OC411 govw rin'low officer or a
lamily member all the officer that results in the officer m family membor t64cf.,,iwnq taxable
incorno, other than investment income, that excoods $2,500 dunriq tyro, 12,nionth period
preceding the date that the officer becornes aware that
(i) a contract between the local governniontal en lity arid vendor I i i,,3 executed;
(N'
(fl) the local governmental entity is consiclernqj enlering inle, a cr)Wract with the
vondoc
(B) has given to the locat government officer ou a family mernbet of the-.Aficoi(,)no or more gilts
lhnt have an aggregate value of more than$100 in the 12 month pej,iod pto.o(hr ig Pio dale the
officer, becomes aware lhat:
(i) a conlract between the local governniewal cntily and vendor has bc7,.,n oxemaed�or
(6) the Imal governmental enfity is considering en4)r[rig into a r:-ontraicl with the vencor.
Local GoyerMmenl 1CR a-11
(a) AvrYndui ash all fil oa conipleNKI conflict of interest questionnaire if the vendor has ii rekflionship
With as i0cal govoinmentral onfity arid:
(1) Nas an employrrent or other business relationship with a local g(.wornmon, t,Miicer of that lacjd
govoinimc-.mlal entity,or a family member of tile officer,dosctibed by Section 1/6 003(ay(2)(A);
(2) has a local government officer of that local governmental enlity orz, fa-4y"loniber of the
officer,one or more gifts with the aggregate value specilipd hySocfion 1'76.003(a0(2b0),excluding any
gill doscnbed by Section 176.003(a-1);or
(3) fltaes°a f".araauly relafiornsraifu with as locaad<roveraamer7f tatiucnr rat that local ercavrsraairiw r7t�al entity.
(a.1), The compleled Conflict('if interest questionnaire must be,tiled with the apptopriato n,,cord�t»administrator
nol later than the severith business(Jay after,the later of�
(1) the date Mar the vendor:
(A) begins discussions or negotiations 10 enter into a conlracl with Ific,local yovorrit-nentall
entity;or
(B)
on bids, correspondence, or anolher Whjfirjg related to a potential conttaaa willh the local
governmental entity:or
(2) the date the vendor becornes aware:
(A) of ,in employment or other businrass relationship with a local officer,or a
lamily member of the officer,described by Stiliseclion(a);
(8) that the vendor has given one or more gifts described by SLIJ)SP01(101 N0,Of
Form pfovided by lexts Etivc�� �'tzrte'lx tj��
17
C I
Tile Contractor has the obligation to review all documents that niakc up tile contract documents in their
entirety and include any objections or requests For modifications to the 'I"ernis all(] Conditions, or any
of the Contract DOCLUM-111S, in the Contract Changes Grid included with the Notice to Biddcrs, No
changes or modifications will be made to tile contract documents unless such chmiges are set forth in
the Contract Changes Grid, Submitted to the City along with the C,ontractor's proposal, and agreed to
by [lie City.
CONTRACT CHANGES GRID
Proposed Colitnactor/Biddcr ("Contractor" or "Bid(ler'), submits the
following, niodificzitions to tile City's Standard ("Agrcement")
requesting change,; to SLICh pi-OViSions be accepted by the City and incorpor-atcd into the Agreenient.
Contractor Undustands and acknowledges that the City is under no obli,,,;'ation to accept the
modification(s) proposed by Contractor; however, tile City agrees to nego(late in good faith ill
consideration of Contractor's request, subJect to legal req u ire tile Ins, City policies ,u)(i advice ofthe City
Attorney.
Section Page I'criu, Condition ot- Exception/Pi-oposed Disposition (U'ol-
specification, Modification City o('NR1I Use
011.11Y)"
............ ..........
City J�espolisc:
Accepted
Not Accepicd
18
SPECI FICAT'MN S
"File fiollowing description is intended to clarity (lie nature ofthe work require(] I'm, this proJect and to
describe the minimum rcquirements acceptable for the Landscape Chemicals 19 1 Su )qLies. 'Flie
provisions ofthe standard technical specifications shall apply except as otherwise noted herein.
1. ESTIMATED ANNUAL QUANTITIES
The City estimates that it will use approximately the ty-lies, styles and number of"components
listed in the "Authority to Quote" section. These estimated quantities are hosed upoll the best
available infbi-oration. The City reserves (lie right to increase or decrease ilic quantity by any
amount deemed necessary to mect its needs without any adJustrilents in (lie quoted price.
2. DURA,riON OF AGREEIVIENT
The contract period shall commence upon execution Ofthe, contract and continue 11or as period
of one year, 'File (Jity reserves the right to extend the contract period for(wo addittomal one year
periods, with said options to be exercised solely at the City's discretion. A price determination
may be considered only at the anniversary dates in the contract. Alil recluests boar price
redetermination shall be in written form all(] shall include documents supporting price
redetermination such as manufacturer's direct cost, Producers Price Index or I'lliployment Cost
Index for your industry or product category as published by the U.S. Dcpartment of Labor
Bureau ofLabor Statistics, etc. If the Bureau of Labor Statistics does not i1CCUMLIkate data oil
the products or services defilled by these specifications, by mutual agreement, the successful
bidder may increase its prices l'or all amount not to exceed 5%,
3. SERVI[CING AREA
As the City will take delivery at the successful Bidder's location, respond"q! Bidders must have
components available within fifteen (15) driving infles of[lie City off' orth Richland hills Park
Maintenance Depadnicnt, 6720 NJ",". Loop 8200, North Richland I 1111s, TX 76 180,
4. HOURS OF OPERATIONS
Indicate, in the Authority to Quote Section, You]' 110rulal hours OrOperatiOn. including the days
of the week and emergency phone numbers.
5. CATALOG DISCOUNTS
Ili addition to the quoted prices for components listed in these spcc 1 ficat lolls, include as
percentage of discounts fi-oni each inanul'acturers published catalog.
For catalog discounts, include a copy ol'cach manufacture's catalog and indicate ifyou want
the catalog returned.
19
Manufacturer's Name: DiSC01,111t:
Manufacturer's Name: Discount:
Manut�Xftirer's Name: Discount:
-7
Speciry Normal Operating Hours and Days of thc� Week:
Specify Your Parts Location: lq-l-'7�1,,g
Warranty(Please describe): 7Ziot)-�—
Specify Your Paris Location:
WE AGREE TO,SERVE AS A SECONDARY SUPPLIER IF NOT SELECTED ASTIIL PRIMARY
SUPPLIER.......... A YES 1 1 No .
20
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CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2,3, 5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2021-714688
Horizon Distributors
DALLAS, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/08/2021
being filed.
CITY OF NORTH RICHLAND HILLS Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
R FB21-003
IRRIGATION AND LANDSCAPE PRODUCTS
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is Casey Bambico and my date of birth is
My address is 11085 Denton Dr. Dallas Tx 75229 United State
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Dallas County, State of Texas on the 18 day of 02 120 21
c (month) (year)
v lzc
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a
IrLp
NOKTH KICHLAN HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: February 8, 2021
SUBJECT: Authorize purchase of fitness equipment for the NRH Centre from
Advanced Healthstyles Fitness Equipment, Inc. in the amount of
$120,000.00, through BuyBoard Cooperative Purchasing Contract
No. 583-19.
PRESENTER: Adrien Pekurney, Director of Parks and Recreation
SUMMARY:
This item is for the purchase of replacement fitness equipment for the NRH Centre.
GENERAL DESCRIPTION:
The NRH Centre's FY2021 Budget includes funding for replacement of fourteen Life
Fitness treadmills.
The NRH Centre strives to provide members with high quality, current, commercial grade
fitness equipment and maintains a regular preventative maintenance program, which has
reduced the frequency of equipment downtime, repair costs and full replacement. Since
opening in April 2012, the NRH Centre continues to experience membership growth and
high usage of cardio and weight equipment within the facility.
The NRH Centre's Fitness Equipment Replacement Plan reviews and prioritizes the
replacement of equipment based on usage hours, age of equipment and ratio of
equipment failure. Based on the evaluation, staff recommends that the following
equipment be replaced: fourteen Life Fitness treadmills.
Commercial cardio equipment typically has a 3-5 year life span depending on the level of
use and necessary repairs. Given that the NRH Centre is a membership and revenue
based facility, it is important that the facility maintain quality and up-to-date fitness
equipment.
Through the BuyBoard purchasing program, staff obtained a quote from Advanced
Healthstyles Fitness Equipment, Inc. in the amount of$120,000.00. The amount includes
fourteen new Life Fitness treadmills.
The Local Government Code states that purchases made through a cooperative
purchasing agreement satisfy any state law that would require the city to solicit
IrLp
NOKTH KICHLAN HILLS
competitive bids. Advanced Healthstyles Fitness Equipment, Inc. is an approved vendor
through the BuyBoard Cooperative Purchasing Contract No. 583-19.
RECOMMENDATION:
Authorize purchase of fitness equipment for the NRH Centre from Advanced Healthstyles
Fitness Equipment, Inc. in the amount of $120,000.00, through BuyBoard Cooperative
Purchasing Contract No. 583-19.
NORTH ICHL 1D HILLS
DOCUMENT REVIEW REQUEST
In an effort to ensure that all contracts, leases, and agreements are processed for signature in an efficient
and timely manner, please complete the information below, check all that apply, and provide a copy of this
checklist along with the document(s) being submitted for review.
CONTRACT/ LEASE/AGREEMENT:
Vendor/Other Party Name: Advanced III°°I lloallht,lhstylllos III'::Ii411ness IIIIIIquIiill urn muP�t,,, Illnc (Advanced III'::]tiness)
Department: II°)arlll(s III: ocureat,oin IVIII° III°°III ("eint,ure
1) II':liitiness II:)uurclhase 95T II'.')tiiscovoiir SIII;III&II°°IIIIi'.') "rreaducrmliilllllls ( 'ty 114)
2)
Proposed Term of the Contract: _omne T ime II:)uurclhase
Anticipated contract amount: _$120,000
Requested date for Council Action: _III':c.buruaury 22„ 20211
No council action required, contract less than $50,000
Summary of Transaction / Special Provisions: N/A
This request is for a fitness equipment purchase for the NRH Centre to replace 14 Life Fitness treadmills.
Treadmills are the most used pieces of equipment at the facility and are in need of replacement due to high
usage from the membership. The new equipment should be a simple swap with the currently used
equipment and will require no adherence the the gym flooring nor require any type of maintenance contract
y the vendor. It will be a one-time purchase with a proposed cost of $120,000 which includes the delivery
surcharge and the removal of old equipment treadmills° Proposal # 046596-Rll from va ce Fitness
is attached.
Amendment - If the document to be reviewed is an amendment, please include a copy of the original
contract and all previous amendments.
All Exhibits are attached to the contract and appropriately labeled per the contract.
Garrett Peek (electronically signed 01.11.21)
Signature Date For Office Use Only:
Name: Garrett Peek Approved for submission to City
Phone: 817.427.6602
Email: gpeek@nrhtx.com Council/Cit ,Mai ger:
� t
1/26/2021
City Attorney Date
",\0 l�flk:,^ss: Provision re: tax exempt status
added to quote. Vendor indicates T&Cs on the
quote are applicable to government clients.
Checklist for Document Request for Review:Contracts- Page 1 of 1—v01232018
INS
Vendor Name Advanced Healthstyles Fitness Equipment, Inc. (Adv
Contact Tyler Spieker
Phone Number 3039960048
Phone Extension 1019
Email tspieker@advancedexercise.com
Website www.advancedexercise.com
Federal ID 84-1344433
Accepts RFQs Yes
Address Line 1 861 SouthPark Drive, #100
Vendor City Littleton
Vendor Zip 80120
Vendor State CO
Vendor Country USA
Delivery Days 10
Freight Terms FOB Destination
Payment Terms Net 30 days
Shipping Terms Pre-paid and added to invoice
Ship Via Common Carrier
Is Designated Dealer No
EDGAR Forms Received Yes
Service-Disabled Veteran Owned No
Minority Owned No
Women Owned No
Is National Yes
No Excluded Foreign Terrorist Orgs Yes
No Israel Boycott Certificate Yes
Is MWBE No
Regions Served All Texas Regions
States Served All States
Contract Name Athletic, Physical Education, Gymnasium Supplies and
Equipment and Heavy Duty Exercise Equipment and Related
Accessories
Contract# 583-19
Effective Date 04/01/2019
Expiration Date 03/31/2022
Quote Reference Number 583-19
1/11/2021 10:08:45 AM
INS
Return Policy Manufacturer warranty/ return policy
Manufacturer Designated Dealers Yes
1/11/2021 10:08:45 AM
0 P.O. Box 40,01,Austin,Texas 78767
WBoard
800.888.291118. info@twp.yboard.cam .bLly oard.com ;
February 25, 2020
Sent via email to: tspieker(cDadvancedexercise.com
Tyler Spieker
Advanced Healthstyles Fitness Equipment, Inc. (Adv
861 SouthPark Drive, #100
Littleton CO 80120
Re: Athletic, Physical Education, Gymnasium Supplies & Equipment,
Heavy-Duty Exercise Equipment & Related Accessories
BuyBoard Contract 583-19
The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract
under Athletic, Physical Education, Gymnasium Supplies & Equipment, Heavy-Duty Exercise
Equipment & Related Accessories, BuyBoard Contract 583-19, effective April 1, 2019, through
March 31, 2020, with two possible one-year renewals. At this time, the BuyBoard is renewing
your contract through March 31, 2021
All discounts, terms, and conditions of your contract will remain the same. If you agree to this
renewal, there is nothing you need to do. However, if you do not agree to this renewal, you must
notify me via email at .c onn.J!ek l uitll��.t.—.t sl . sir prior to the start of the renewal term.
Reminder: Once a BuyBoard contract is awarded, vendors must generate a minimum of$15,000
annually or they may not be offered a contract renewal.
If you have questions or comments concerning this renewal, please contact me as soon as
possible at �.n..n..ii.�,k„I irll �kko „ ,„D I �f . We appreciate your interest in The Local Government
Purchasing Cooperative.
Sincerely,
Connie W Burkett, CTSBO
Contract Administrator
V renewal v.02.13.2020
Endorsed by V T/�SAV � ,0 � �,,,,.
"') r
DZUBoard
er
Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
NOTICE OF PROPOSAL INVITATION AND INSTRUCTIONS TO PROPOSERS
The Local Government Purchasing Cooperative (Cooperative), 12007 Research Blvd., Austin, Texas 78759 is a statewide
purchasing cooperative for school districts, junior colleges, cities, counties, and other political subdivisions. The Texas
Association of School Boards, Inc. (TASB), a Texas nonprofit corporation, 12007 Research Blvd., Austin, Texas 78759,
assisted in the formation of the Cooperative, and TASB along with the Texas Municipal League (TML), a Texas
unincorporated nonprofit association, 1821 Rutherford Lane, Austin, Texas 78754 and the Texas Association of Counties
JAC), a Texas nonprofit association, 1204 San Antonio, Austin,Texas 78701 all endorse the Cooperative.
The Cooperative's contracts for commodities and services will be available to the members of TASB, TML, and TAC, and
other local governmental entities that are members of the Cooperative eligible to purchase through a government
purchasing cooperative or interlocal contract. TASB, the Cooperative's administrator, provides the electronic commerce
technology to the Cooperative to enable members' purchasing to be accomplished electronically.
Unless a different time period is stated in the General Information document for this Proposal Invitation,
questions, requests for information or clarification, or comments regarding this Proposal Invitation,
including the specifications, must be submitted in writing, addressed as indicated below, and received by
the Cooperative no later than the 10th business day before the Proposal Due Date. The Cooperative will
respond only to written questions.
The Local Government Purchasing Cooperative
Attn: Director of Cooperative Procurement
12007 Research Blvd.
Austin,TX 78759
Phone: 512-467-0222
Fax: 800-211-5454
E-Mail: bids@buyboard.com
Sealed proposals are being solicited for the products, supplies, services and/or equipment as set forth in this Proposal
Invitation and are solicited on behalf of all present and future members of the Cooperative. There may be over 1,000
Texas public school districts and junior colleges, over 900 municipalities, 400 counties, and numerous other political
subdivisions (i.e. river authorities, special districts, public housing authorities, etc.) participating in the Cooperative at any
given time. Awarded products may also be available to the administrator's nonprofit entity BuyBoard subscribers and, in
the event of a piggyback award, members of the National Purchasing Cooperative as further explained in the Proposal
Invitation.
PROPOSAL SUBMISSION INSTRUCTIONS
Completed sealed proposals for Proposal No. 583-19 for Athletic, Physical Education, Gymnasium Supplies and
Equipment and Heavy Duty Exercise Equipment and Related Accessories must be received on or before
4:00 PM August 30, 2019 either by submitting the Proposal electronically through the Cooperative's designated
website or by hard copy submission as set out below. Late proposals will not be accepted.
Electronic Proposal Submission:
The Cooperative is now accepting electronic proposal submission and is requesting that Vendors submit proposals
electronically via the following website:
buvboard.com/vendor
There is no cost to the Vendor to register or use the electronic proposal submission option.
Page 1 of 66 COMM/SVCS/CONST.V.0 1.12.2018
DZUBoard
Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.corn
• In order to submit proposals electronically, you must have a working registered vendor username and password
to login. If you do not have a registered vendor user name and password, you may obtain one by registering at
buyboard.com/vendor. Note to existing BuyBoard vendors; The registered vendor login used for
electronic proposal submission is NOT the same as your existing login used to check purchase
orders orsimilar vendor information under awarded contracts Vendors are highly encouraged to ensure
you have a working vendor login well in advance of the submission deadline.
• Vendor is responsible for ensuring it has the technical capability to submit its proposal via electronic submission.
Browser requirements can be found at htt s://buvboard.ionwave.net/BrowserComr)atibillty.html.
• VENDOR SHALL BE SOLELY RESPONSIBLE FOR ENSURING TIMELY SUBMISSION OF VENDOR'S PROPOSAL.
Neither the Cooperative nor its administrator shall be responsible for equipment or software failure, internet or
website downtime, corrupt or unreadable data, or other technical issues that may cause delay or non-delivery of
a Proposal or inaccessibility of the submitted data. Accordingly, Vendors are highly encouraged to prepare and
allow for sufficient time to familiarize itself with the electronic submission requirements and to address any
technical or data issues prior to the Proposal due date.
o to sub !t ro osa!e!e ronlca!!y
• Login using your registered vendor login at buvboard.com/vendor under the "Register/Login/Submit Proposal"
link.
• The page will open to the list of"Available Bids."
• Click on the applicable Proposal Invitation number under the"My Invitations"or"Other Bid Opportunities"section
to view this Proposal Invitation request.
Review and follow all instructions on the webpage,
• To upload a Proposal, select the "Response Attachments" tab to upload a signed, complete copy of your
Proposal in searchable PDF format, including all required proposal documents (forms, completed
specifications, and any other documents required by the Proposal Invitation) and electronic catalogs/pricelists.
• Select the"Response Submission"tab to submit the proposal.
• If an error or multiple errors occur, the system will display the location of the error(s).
• Go to the problem area and correct the errors. You must go to the specific tab(s) that contain(s) the
error(s) to review the error detail and correct the error(s). Your submission will not be accepted
until all errors are corrected,
• Once all errors are corrected, proceed to the"Response Submission"tab to submit the response.
• Electronic Catalogs/Pricelists must be submitted with the Proposal in the format required by these
Proposal Instructions or it will not be considered.
o to sub !t hard coy ro osa!� a er co !es !!! T acce ed
While the Cooperative requests electronic submission of Proposals through the designated website, any vendor without
the technical capability or wishing to submit a hard copy proposal, rather than utilizing electronic submission, may do so
in accordance with the following instructions:
• Submit the signed, completed Proposal in a sealed envelope or carton properly marked with the Proposal
Invitation number and Proposal submittal date and time and containing all required proposal documents
(including forms, completed specifications, and any other documents required by the Proposal Invitation). The
Proposal must be submitted in electronic, searchable PDF format on a USB flash drive, CD or DVD.
Paper copies will NOT be accepted.
• Electronic Catalogs/Pricelists must be submitted with the Proposal in the format required by these
Proposal Instructions or it will not be considered.
• The hard copy electronic proposals must be delivered via hand delivery or U.S. Mail to the address below so as to
be received on or before the Proposal submission deadline:
The Local Government Purchasing Cooperative
12007 Research Blvd.
Austin,TX 78759
Page 2 of 66 COMM/SVCS/CONST.V.01.12.2018
DZUBoard
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Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.corn
VENDOR SHALL BE SOLELY RESPONSIBLE FOR ENSURING TIMELY SUBMISSION OF VENDOR'S PROPOSAL. Neither the
Cooperative nor its administrator shall be responsible for proposals delivered late by the United States Postal Service or
any other delivery or courier service. Further, neither the Cooperative nor its administrator shall be responsible for
proposals delivered in a corrupt or unreadable electronic format.
Faxed and/or emailed Proposals will NOT be accepted,
REQUIREMENTS FOR VENDOR CATALOGS/PRICELISTS
Electronic catalogs/pricelists must be submitted in the required format with the Proposal (whether
submitted electronically through the designated website or in hard copy format via mail or hand delivery)
or the Proposal will not be considered. The following is required of all Vendor catalog(s)/pricel ist(s) submitted to
the Cooperative:
Vendors are required to submit catalog(s)/pricelist(s) in searchable PDF electronic format ONLY. No other format
will be accepted. Further, no paper catalogs or manufacturer/vendor websites will be accepted.
Below is a sample chart, with examples of data for each field, showing the data fields that Vendors MUST include in each
submitted pricelist/catalog:
BuyBoard
Specification
Category, Part/Item Number- Item Description, List Prig
1 1234 Desk $50.00
2 1235 Chair $20.00
The catalogs/pricelists must include all listed data fields (BuyBoard specification category, part/item
number, item description, and list price) or the Proposal will not be considered. Catalogs and pricelists
should contain only items that relate to the items requested in the specifications. Vendors are discouraged
from including irrelevant or non-responsive information with their Proposal. The Cooperative reserves the right to deem a
Proposal non-responsive if the Proposal, including catalogs or pricelists submitted with the Proposal, do not specifically
relate to the intent of the Proposal Invitation or contain what the Cooperative deems, in its sole discretion, excessive
irrelevant or non-responsive information, including information which makes it burdensome or impractical for the
Cooperative to identify responsive products and pricing.
INSTRUCTIONS FOR VENDORS PROPOSING MULTIPLE MANUFACTURER PRODUCT LINES:
Vendors proposing various manufacturer product lines per line item on the Proposal Specification form must submit
the information as follows or Vendor's 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 the Proposal Specification form states "please see attachment," all manufacturers listed on
the attachment sheet must indicate per manufacturer the line item that correlates to the Proposal Specifications form
or Vendor's proposal may not be considered.
WITHDRAWAL OR MODIFICATION OF PROPOSALS
Proposals may be withdrawn or modified prior to the Proposal Due Date and time, but only in accordance with section
B.11 (Withdrawal or Modification of Proposal) of the General Terms and Conditions in this Proposal Invitation.
Page 3 of 66 COMM/SVCS/CONST.V.01.12.2018
DZUBoard
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Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.corn
PROPOSAL INVITATION NO. 583-19
TABLE OF CONTENTS
PROPOSAL NOTICE Page
Notice of Proposal Invitation and Instructions to Proposers 1
GENERAL INFORMATION
General Information 5
REQUIRED PROPOSAL FORMS
Proposer's Agreement and Signature 8
Vendor Contact Information 10
Felony Conviction Disclosure and Debarment Certification 12
Resident/Nonresident and Vendor Employment Certification 13
No Israel Boycott Certification 14
No Excluded Nation or Foreign Terrorist Organization Certification 14
Historically Underutilized Business Certification 15
Construction-Related Goods and Services Affirmation 16
Deviation and Compliance 17
Location/Authorized Seller Listings 18
Manufacturer Dealer Designation 19
Texas Regional Service Designation 20
State Service Designation 22
National Purchasing Cooperative Vendor Award Agreement 24
Federal/State Purchasing Cooperative Experience 26
Governmental References 28
Marketing Strategy 29
Confidential/Proprietary Information 30
Vendor Business Name 32
EDGAR Vendor Certification 33
Proposal Invitation Questionnaire 37
Required Forms Checklist 39
Evaluation Items 40
Proposal Specification Form 41
GENERAL TERMS AND CONDITIONS
General Terms and Conditions 47
Page 4 of 66 COMM/SVCS/CONST.V.01.12.2018
Dap
C000perative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.corn
GENERAL INFORMATION
Proposal Invitation No. 583-19—Athletic, Physical Education,Gymnasium Suuulies and Eauioment and
Heavy Duty Exercise Eauioment and Related Accessories
*,
ease n7ake sure t1yat you liaIIve efflum,domenlo,3do7d,3ndlor,,printi7d,311.vi7(,,tion.5 / 1*opo.5,31 1,nii
1. Notice of Proposal Invitation and Instructions to Proposers
2. General Information
3. Proposal Invitation Forms, Evaluation Items,and Specifications
4. General Terms and Conditions
PROPOSAL SUBMISSION INSTRUCTIONS
Proposal responses (including completed and signed Proposal Invitation forms, completed Proposal specifications, and
pricelists/catalogs) must be submitted in electronic format in the manner prescribed in the Instructions to Proposers.
INTENT AND PURPOSE OF THE CONTRACT
The intent of this Proposal Invitation is to establish a contract for the purchase of various types of Athletic, Physical
Education, Gymnasium Supplies and Equipment and Heavy Duty Exercise Equipment and Related Accessories that may be
purchased by Cooperative members. Because individual members require different equipment, supplies, and/or services
this Proposal Invitation is a request for a discount off of catalog or price list for supplies, materials and equipment and a
not-to-exceed hourly labor rate for installation and repair. Purchases can be made by a Cooperative member at any time
during the contract term.
TERM OF CONTRACT
The term of this contract will be from April 1, 2019 through March 31, 2020 with two (2) possible one (1) year renewals.
An awarded Vendor has no right to or vested interest in contract renewal. The Cooperative will evaluate the contract
award prior to the expiration of the then-current term on the basis of factors that may include the annual amount of
business, performance and continued provision of best value to Cooperative members.
For purposes of this Proposal Invitation, a Vendor must generate a minimum of $15,000 through the
contract during an annual contract term or may not be offered a renewal. A Vendor's failure to generate this
minimum amount may also be considered by the Cooperative as part of vendor's past performance evaluation on future
proposal invitations. A renewal must be mutually agreed upon by both parties.
VALUE OF CONTRACT
The estimated value of this contract is $87,917,576; however, this estimate is based on prior contracts for similar
types of products and services and should not be construed to be a guaranty of either minimum or maximum since usage
is dependent upon Cooperative members'actual needs and available funding.
An awarded Vendor must supply products and services at or below the awarded pricing for the duration of the contract
and honor all Purchase Orders prepared by each individual Cooperative member.
COMM/SVCS.V.01.12.2018
Page 5 of 66
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C000perative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
SERVICE FEE
An awarded Vendor under this Proposal Invitation must pay the Cooperative a service fee in the amount of 2% per
Purchase Order generated from any contract awarded under this Proposal Invitation, and the service fee is to be included
in the awarded pricing. Vendor agrees to pay this service fee and remit the fee to the Cooperative in Austin, Texas,
promptly upon payment by the Cooperative member for any Purchase Order(s) and within 30 days of the date of each
service fee invoice. Vendor agrees to provide the Cooperative with copies of all Purchase Orders generated from Vendor's
contract(s) that Vendor receives directly from Cooperative members, or such other documentation regarding those
purchase orders as the Cooperative's administrator may require in its reasonable discretion. Vendor further agrees that
the Cooperative shall have the right, upon reasonable written notice, to review its records pertaining to purchases under
any awarded contract to verify purchase history and the accuracy of service fees payable by Vendor.
CONFIDENTIAL INFORMATION
Any information submitted by Proposer that Proposer considers to be confidential must be clearly identified as such on
the Confidential/Proprietary Information Form.
AWARD AND EVALUATION
This contract will be awarded based on the evaluation and award criteria set out in Section C.2 of the General Terms and
Conditions to provide best value to Cooperative members.
This Proposal Invitation requires Proposers to provide certain information that the Cooperative does not evaluate and is
not included in the award criteria set out in Section C.2. The Cooperative requests the information, however, because it
may be relevant to federal, state or local procurement law or other legal requirements that apply to various Cooperative
members. The information, which will be made available to Cooperative members with respect to awarded Vendors,
includes the following:
a) Proposer's status as a minority/woman-owned business enterprise, historically underutilized business, or
service-disabled veteran;
b) Whether Proposer or its ultimate parent or majority owner has its principal place of business in Texas or
employs at least 500 persons in Texas; and
c) Whether Proposer is a Texas resident or a non-resident business.
Included in this Proposal Invitation is a document entitled Proposal No. 583-19-Athletic, Physical Education, Gymnasium
Supplies and Equipment and Heavy Duty Exercise Equipment and Related Accessories -EVALUATION ITEMS. All items in
this document must be completed for the Proposal to be considered. If Vendor does not offer any of the evaluation or
alternate items listed, the Vendor must submit a written explanation and request for exemption from this requirement.
The Cooperative may determine, in its sole discretion, whether or not to exempt a vendor from this requirement based on
all information provided with the proposal response. Evaluation Items will be used only for purposes of assisting in the
evaluation of Vendors' price competitiveness. These items will not be individually awarded.
TYPE OF CONTRACT
This is a "sealed proposal" based on discount off catalog or price list and may contain a not-to-exceed hourly labor rate.
Except as provided in section EA of the General Terms and Conditions or otherwise in this Proposal Invitation, Vendor
shall hold its awarded pricing firm during the contract term. In the event of price decreases, such price decreases shall be
allowed for all products. Catalogs/pricelists, where required by the Proposal specifications, must be submitted with the
Proposal or your proposal will be deemed nonresponsive.
COMM/SVCS.V.01.12.2018
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Dap
C000perative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
COMPLIANCE WITH APPLICABLE LAWS
By signing this Proposal, the Proposer certifies that Proposer has provided its valid, proper and correct business entity
name and information in its Proposal, that such entity is operating in good standing with the proper authority from
whatever state or local jurisdiction is required, and Proposer has obtained, and will continue to maintain during the entire
term of this contract, all permits, approvals, and/or licenses necessary for lawful performance of its obligations under this
contract. Proposer further certifies that, if awarded, Proposer will comply with all applicable state, federal, and local laws,
rules, and regulations in regards to awarded products and/or services.
Individual Cooperative members may in certain circumstances request background checks on an awarded Vendor's
employees who will have direct contact with students, or for other reasons, and may require Vendor to pay the cost of
obtaining criminal history information.
BUYBOARD ADVISORY REGARDING CONSTRUCTION-RELATED GOODS AND SERVICES
The Cooperative issued the BuyBoard Procurement and Construction-Related Goods and Services Advisory for Texas
Members, which provides information specifically relevant to the procurement of construction-related goods and services
by Texas Cooperative members. The advisory is available at https://www.buyboard.com/Vendor/Resources.aspx.
Because many BuyBoard contracts include goods or installation services that might be considered construction-related,
Proposer must sign and submit the Construction Related-Goods and Services Affirmation form in the Proposal Invitation
forms regardless of type of goods or services associated with this Proposal Invitation.
PROFESSIONAL ENGINEERING AND OTHER PROFESSIONAL SERVICES EXCLUDED
The scope of services in this Proposal Invitation and any resulting contract award do not include services that are
required to be procured under the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code),
including without limitation architecture and professional engineering services.
DELIVERY RESPONSE
Unless otherwise noted in the Proposal (as a deviation) or the Purchase Order, routine delivery response to a Cooperative
member shall be within ten (10) business days after receipt of a Purchase Order, and delivery shall be made during the
ordering Cooperative member's normal business hours. Any Cooperative member may request emergency delivery.
Awarded Vendors shall use their best efforts to comply with rush or emergency requests. However, if the Vendor cannot
fulfill the emergency delivery requirements, the Cooperative member may procure the products or services from
alternative sources without penalty.
ADDITIONAL REQUIREMENTS FOR PURCHASES USING FEDERAL GRANT FUNDS(2 C.F.R. 200 Uniform
Guidance / EDGAR):
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 C.F.R. 200 (sometimes referred to as the "Uniform Guidance"or new"EDGAR'). All
Vendors submitting proposals must complete the EDGAR Vendor Certification Form contained in the Proposal Invitation
forms regarding their willingness and ability to comply with certain requirements which may be applicable to specific
Cooperative member purchases using federal grant funds. This information will not be used for evaluation purposes but
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.
COMM/SVCS.V.01.12.2018
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12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
PROPOSERrS AGREEMENT AND SIGNATURE
Proposal Name: Athletic, Physical Education, Proposal Due Date/Ooenina Date and Time:
Gymnasium Supplies and Equipment and Heavy August 30, 2018 at 4:00 PM
Duty Exercise Equipment and Related Accessories
Location of Proposal Ooenina:
Texas Association of School Boards, Inc.
BuyBoard Department
Proposal Number: 583-19 12007 Research Blvd.
Austin,TX 78759
Anticipated Cooperative Board Meetina Date:
Contract Time Period: April 1, 2019 through January 2019
March 31, 2020 with two (2) possible one-year
renewals.
Advanced Healthstyles Fitness Equipment, Inc. 8/20/1 8
Name of Proposing Company Date
861 SouthPark. Dr. Ste. 100
Street Address Si ature of Xulthorized Company Official
Littleton, CO 80120 Tyler Spieker
City, State, Zip Printed Name of Authorized Company Official
303-996-0048 Sales Manager
Telephone Number of Authorized Company Official Position or Title of Authorized Company Official
303-996-0063 84-1344433
Fax Number of Authorized Company Official Federal ID Number
Page 8 of 66
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kJ U Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
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
S. 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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12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
VENDOR CONTACT INFORMATION
Company: Advanced Healthstyles Fitness Equipment, Inc.
Vendor Contact Name and Mailing Address for Notices: Matthew Santos/861 SouthPark Dr. Ste. 100 Littleton, CO 80120
Company Website: www.advancedexercise.com
Purchase Orders: All purchase orders from Cooperative members will be available through the 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 to assist them with retrieving their orders.
Please select options below for receipt of purchase orders and provide the requested information:
0 I will use the internet to receive purchase orders at the following address:
E-mail Address: msantos@adyancedexerclse.com
Internet Contact: Matthew Santos Phone: 469-369-3124
Alternate E-mail Address: tspieker@advancedexercise.com
Alternate Internet Contact: Tyler Spieker Phone. 303-996-0048x1019
0 Purchase orders may be received by the Designated Dealer(s) 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.
Reauest for Ouotes ("RFO"): Cooperative members will send RFQs to you by e-mail. Please provide e-mail addresses
for the receipt of RFQs:
E-mail Address: tspieker@advancedexercise.com
Alternate E-mail Address: msantos@advancedexercise.com
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:
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tj U Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
❑■ Service fee invoices and related communications should be provided directly to my company at:
Mailing address: 861 South Park Dr. Ste. 100 Department: AR/AP
City: Littleton state: CO zip code: 80120
Contact Name: Kim Price Phone: 303-996-0048 x 1016
Fax: 303-996-0063 E-mail Address: kprice@advancedexercise.com
Alternative E-mail Address: tspieker@advancedexercise.com
❑■ In lieu of my company, I request and authorize all service fee invoices to be provided directly to the following billing
agent":
Mailing address: 861 South Park Dr. Ste. 100 Department: AR/AP
City: Littleton state: CO zip code: 80120
Contact Name: Kim Price Phone: 303-996-0048 x 1016
Fax: 303-996-0063 E-mail Address: kprice@advancedexercise.com
Alternative E-mail Address: tspieker@advancedexercise.com
❑■ 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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tj U Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
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 W)one of the followina:
❑ 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.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
Tyler Spieker
Si ature of A thorized 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.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
ii 'Doa z Tyler Spieker
Sig ture of A thorized 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
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(i/)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):
Advanced Healthstyles Fitness Equipment, Inc. 861 SouthPark Dr. Ste. 100
Company Name Address
Littleton CO 80120
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 0 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(i/)one of the following_
❑ Yes 0 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.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
Tyler Spieker
Si46ature 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.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
Tyler Spieker
SL4hature 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.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
Tyler Spieker
Si ature of Athorized Company Official Printed Name
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HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION
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:
0 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.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
Tyler Spieker
Printed Name
Si6nature 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.asDxx, 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.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
Tyler Spieker
S nature of Authorized Company Official Printed Name
8/20/18
Date
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DEVIATION AND COMPLIANCE
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:
We accept both forms of payments on pg. 17, 6 & 7.
PLEASE PROVIDE THE FOLLOWING INFORMATION:
1. Shipping Via: ❑ Common Carrier ❑ Company Truck ❑ Prepaid and Add to Invoice ❑■ Other:
3rd party installation team
2. Payment Terms: ■❑ Net 30 days ❑ 1% in 10/Net 30 days ❑ Other:
3. Number of Days for Delivery: Pending ARO
4. Vendor Reference/Quote Number: N/A
5. State your return policy: Manufacturer warranty/ return policy
6. Are electronic payments acceptable? ❑Yes ■❑ No
7. Are credit card payments acceptable? ■❑Yes ❑ No
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
Tyler Spieker
So ature of Authorized Company Official Printed Name
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LOCATION /AUTHORIZED SELLER LISTINGS
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.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
861 SouthPark Dr. Ste. 100
Address
Littleton CO 80120
City State Zip
469-369-3124 303-996-0063
Phone Number Fax Number
Matthew Santos
Contact Person
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
861 SouthPark Dr. Ste. 100
Address
Littleton CO 80120
City State Zip
303-996-0048 303-996-0063
Phone Number Fax Number
Tyler Spieker
Contact Person
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MANUFACTURER DEALER DESIGNATION
If Vendor is a manufacturer that sells products through a dealer network and wishes to designate dealer or multiple
dealers ("Designated [ea|ers'� to receive Cooperative member Purchase Orders on Vendor's behalf, you must complete
this form for each dealer you wish todesignate.
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 un 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 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 m dealer to service o 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.
��n�~
U '�� Fitness
|�ness
Designated Dealer Name
����� ����n ������r Avenue- __-_ Bryn .
Designated Dealer Address
Rosemont K� ������
o ������������ u� ���� o�
city State Zip
� ���� ���� �����
� ~����^���� `������
Phone Number Fax Number
ff | ��i'���f ��� �1�*��1 ���
���� ��/�������� i ������ ������ �
��' ��/ /��o'� ' ��� �����w /���
Email address Designated Dealer Tax IDNumber* (*attachW-9)
Matt ��0
,u^ x�nsesser
Designated Dealer Contact Person
Advanced Healthstyles Fitness Equipment, Inc.
Your Company Name Signature of Authorized Company Official
Page z9ofh6
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Form W=9 Request for Taxpayer Give Form to the
(Rev.December 2014) requester.Do not
Department of the Treasury Identification Number and Certification send to the IRS.
Internal Revenue Service
I Name(as shown on your income tax return).Name is required on this line;do not leave this line blank.
Brunswick Corporation
N "i"d,u-si"n"e,ss name/disregarded"e"n't'i't'y...na...me",'if...different from...above........................................................—--------------------------------------------------------------------------
Life Fitness, a division of Brunswick Corporation
3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to
certain entities,not individuals;see
0, El Individual/sole proprietor or C corporation El S corporation El Partnership El Trust/estate cinestructions on page 3):
4) c single-member LLC
CL Exempt payee code(if any)
❑Limited liability company.Enter the tax classification(C=C corporation.S=S corporation,P=partnership)11i,
,.Note For a single-member LLC that is disregarded do not check LLC;check the appropriate box in the line "�`r Exemption from FATCA reporting
o abovo e
the tax classification of the single-member owner, code(if any)
C
.r- Dther(see instructions)W (Appfln,k. cc,Ms110,108d..Wdo Me 6.1 S)
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
S 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional)
2 9525 Bryn Mawr Ave
cn
......................
w Rosemont, 60018
7 Di—aci�-u—nt number(s)here(optional} ........................................................................
97 L In Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number ............
backup withholding.For individuals,this is generally your social security number(SSN).However,for a .....
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN on page 3. or
......................................................................................................................................................................................
Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number
................
guidelines on whose number to enter.
0
6 .........L 8. ...........31 1 -J'O 8 4" 'L8 1
Certification
Under penalties of perjury,I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2. 1 am not subject to backup withholding because:(a)I bm exempt from backup withholding. or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3. 1 am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return.For real estate transactions, item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 3.
111-1111-W111- '7.............. ............ t............
Sig SInature of #*
Her U.S.person 10- Date 11- 01 06 2017
General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T
(tuition)
Section references are to the Internal Revenue Code unless otherwise noted. -Form 1099-C(canceled debt)
Future developments.Information about developments affecting Form W-9(such -Form 1099-A(acquisition or abandonment of secured property)
as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only If you are a U.S.person(including a resident alien),to
Purpose of Form provide your correct TIN.
An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject
return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2.
which may be your social security number(SSN),Individual taxpayer identification By signing the filled-out form,you:
number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number
identification number(EIN),to report on an Information return the amount paid to to be issued),
you,or other amount reportable on an information return. Examples of information
returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or
•Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If
• applicable,you are also certifying that as a U.S.person,your allocable share of
Form 1099-DIV(dividends,including those from stocks or mutual funds) any partnership income from a U.S.trade or business is not subject to the
•Form 1099-MISC(various types of Income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and
•Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are
brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on
•Form 1099-S(proceeds from real estate transactions) page 2 for further information.
•Form 1099-K(merchant card and third party network transactions)
Cat.No.10231X Form W-9(Rev.12-2014)
I
i
I
Board®
Cooperative Purchasing
12007 Research Boulevard •Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 ' buvboard.com
MANUFACTURER DEALER DESIGNATION
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 i
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.
Ecore International
Designated Dealer Name
715 Fountain Ave
Designated Dealer Address
Lancaster PA 17601
City State Zip
717-824-8236 717-295-3414
Phone Number Fax Number
greg.dean@ecoreintl.com 23-2562001
Email address Designated Dealer Tax ID Number* (*attach W-9)
greg.dean@ecoreintl.com
Designated Dealer Contact Person
Ecore International c5
Your Company Name Signature of ALAorized Company Official
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TEXAS REGIONAL SERVICE DESIGNATION
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 which 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.
Regional Education Service Centers 0 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:
Reaion Headauarters
"� "� - m ❑ 1 Edinburg
�� j a ❑ 2 Corpus Christi
"""" ❑ 3 Victoria
�., r �� r� �� � ❑ 4 Houston
419
❑ 5 Beaumont
❑ 6 Huntsville
., . ; ,,.. s .�. ❑ 7 Kilgore
8 Mount Pleasant
,, ` �.�� ❑ 9 Wichita Falls
1- °� ❑ 10 Richardson
` � ❑ 11 Fort Worth
f
, '' ❑ 12 Waco
�^ ❑ 13 Austin
`" " ❑ 14 Abilene
�r, ❑ 15 San Angelo
� ❑ 16 Amarillo
Advanced Healthstyles Fitness Equipment, Inc. ❑ 17 Lubbock
❑ 18 Midland
Company Name ❑ 19 El Paso
j �' ❑ 20 San Antonio
S` nature of Authorized Company Official
Tyler Spieker ❑ I will not service members
Printed Name 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:
N/A
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STATE SERVICE DESIGNATION
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 N) all that aooly:
❑ 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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LT U Cooperative Purchasing
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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.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
Tyler Spieker
Signatu46 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:
N/A
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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.
Advanced Healthstyles Fitness Equipment, Inc. rj83-1 9
Name of Vendor Proposal Invitation Number
-C-' Tyler Spieker
Siolature of guthorized Company Official Printed Name of Authorized Company Official
8/21/18
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: $ 1,000,000+ . (The period of the 12
month period is Jan. Dec. ). 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.
CURRENT FORMER VENDOR (Y/N)? — AWARDED
PURCHASING VENDOR? • •D
GROUPD•• ••
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) Yes Athletics & Playground
6 years Equipment
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 (%): N/A Proposed Discount (%): N/A
Explanation: N/A
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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.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
Tyler Spieker
S nature of Authorized Company Official Printed Name
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GOVERNMENTAL REFERENCES
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 Los Angeles Community College District Jim Fenwick 213.996.2249 fenwickj@lavc.edu 15-20%off MSRP $2,200,000
2 University of California Riverside Recreation Lindy Fenex 951.827.2286 lindy.fenex@ucr.edu 15-20%off MSRP $902,000
3 San Diego State University Adam Hall 805.594.7779 adam.hall@mail.sdsu.edu 15-20% off MSRP $450,000
4. City of Denver Patrick Minner 720.865.0512 patrick.minner@denvergov.org 15-20% off MSRP $1,200,000
5 City of Chandler Sean Paulson 480.782.2913 sean.paulson@chandleraz.gov 15-20% off MSRP $600,000
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:
For significant volume and one time projects that may be strategic for our business.
By signature below, I certify that the above is true and correct and that I am authorized by my company to make this
certification.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
Sidnature of Authorized Company Official
Tyler Spieker
Printed Name
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MARKETING STRATEGY
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. (Ex Explain how your company will initially In/brm CoOperatfVe members of yourBuyBoard
contract, and haw you will continue to support the BuyBoard for the duration of the contract perioLf
Attach additional pages if necessary.
To announce the contract, we would execute a multi-channel social media promotion as well
as create/distribute an e-campaign to share the information with up to 40,000 AE followers.
Beyond the initial announcement, ensuring that all active marketing and promotion channels
highlight the relationship as appropriate, including noted presence at trade shows; prominent
mention on the national website along with catalog links to our top manufacturer partners (Life
Fitness, Hammer Strength, and E-Core); e-campaign inclusion as appropriate; and social media
promotion on an ongoing basis.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
nature of Authorized Company Official
Tyler Spieker
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 M one of the following:
❑E 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. Convriaht Information
Does your Proposal (including forms, documentation, or other materials submitted with the Proposal) contain copyright
information?
Please check CV)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/Prourietary/Couvriaht 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.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
nature of Authorized Company Official
Tyler Spieker
Printed Name
8/21/18
Date
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VENDOR BUSINESS NAME
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: Advanced Healthstyles Fitness Equipment, Inc.
(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 submifting 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 CV)one of the following:
Twe of Business:
Individual/Sole Proprietor
Corporation X
Limited Liability Company
Partnership
Other If other, identify
State of Incorporation (if applicable): Colorado
Federal Employer Identification Number: 84-1344433
(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
Certihcate(s),if applicable,must be attached.)
Advanced Exercise
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Fom, -rid Request for Taxpayer Give Form to the
(Rev.November2017) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service 10-Go to www.irs..gov/For7nW9 for instructions and the latest information.
i Name(as shown on your Income tax return).Name is required on this line;do not leave this line blank.
Advanced Healthstyles Fitness Equipment,Inc.
2 Business nameldisregarded entity name,if different from above
DBA Advanced Exercise E ui mlent,LLC and Advanced Exercise Equipment,Inc.
ch 3 Check appropriate box for federal tax classification of the person whose name is entered on tine t.Check only one of the 4 Exemptions(codes apply only to
Mfollowing seven boxes. certain entities,not individuals;see
C, instructions on page 3):
a ElIndividuallsole proprietor or ❑ C corporation ❑ S Corporation ❑ Partnership ElTrustlestate
in single-member LLG Exempt payee code if any)
❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P-Partnership)►
p Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting
LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is coda(if any)
•c another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLG that
c- is disregarded from the owner should check the appropriate box for the tax classification of its owner.
❑ Other fsee instructions)tr (Apphas fc accvunfs maintainad culzldo tho U.S.)
a7 5 Address(number,street,and apt,or suite no.)Sea instructions. Requester's name and address(optional)
U
8615outh ark Drive,#100
6 City,state,.and ZIP code
Littleton CO 80120
7 List account numberis)here(optional)
FM Me Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid social security number
backup withholding.For individuals,this is generally your social security number(Safer However,fora
resident alien,sale proprietor,or disregarded entity,see the instructions for fart I,later,For other
entities,it is your employer identification number(EIN).If you do not have a number,,see Now-to get a
TIN,later. or
Note:If the account is in more than one name,see the instructions for fine 1.Also see What Name and Employer identification number
Number To Give the Requester for guidelines on whose number to enter.
M84 -- 1 1 3 1 4 1 4 1 4 3 3
certification
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.1 am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax retum.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(iRA),and generally,payments
other than Interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later.
Sian Signature of
Here U.S.person► j W/�} f�j Date► // — [
General Instructions •Form 1099-DIV(dividends,Including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross
noted. proceeds)
Future developments,For the latest information about developments a Form 1099-8(stock or mutual fund sales and certain other
related to Form W-9 and its instructions,such as legislation enacted transactions by brokers)
after they were published,go to www.irs.gov1FormW9.
Form 1099-5(proceeds from real estate transactions)
Purpose of Form •Form 1099-K(merchant card and third party network transactions)
An individual or entity(Form W-9 requester)who is required to file an a Form 1098(home mortgage interest),1099-E(student loan Interest),
information return with the IRS must obtain your correct taxpayer 1098-T(tuition)
identification number(TIN)which may be your social security number a Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number(ITiN),adoption a Fort 1099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATIN),or employer identification number Use Form W-9 only if you are a U.S.person(including a resident
(EINJ,to report on an information return the amount paid to you,or other alien),to provide your correct TIN.
amount reportable on an information return.Examples of information
returns include,but are not limited to,the following. IF you do not return Form W-9 to the requester with a TiN,you might
e Form 1099-1NT(interest earned or paid) be subject to backup withholding.See What is backup withholding,
later.
Cat.No.10231X Form W-9(Rev.11-2017)
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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 wdola ov. 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.
Proposal Forms COMM/SVCS v.06.14.2018
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&57Board
kj U Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
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.
Proposal Forms COMM/SVCS v.06.14.2018
Page 35 of 66
&57Board
kj U Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
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:
YES, I ag ree or
Vendor Certification Item No. NO, I,do NOT a g ree � Initial
1. Vendor Violation or Breach of Contract Terms Yes TS
2. Termination for Cause or Convenience Yes TS
3. Equal Employment Opportunity Yes TS
4. Davis-Bacon Act Yes TS
5. Contract Work Hours and Safety Standards Act Yes TS
6. Right to Inventions Made Under a Contract or Agreement Yes TS
7. Clean Air Act and Federal Water Pollution Control Act Yes TS
S. Debarment and Suspension Yes TS
9. Byrd Anti-Lobbying Amendment Yes TS
10. Procurement of Recovered Materials Yes TS
11. Profit as a Separate Element of Price Yes TS
12. General Compliance and Cooperation with Cooperative Members Yes TS
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.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
nature of Authorized Company Official
Tyler Spieker
Printed Name
Proposal Forms COMM/SVCS v.06.14.2018
Page 36 of 66
&57Board
kJ U Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
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.
Our company has been in business for 30+ years. The business is not for sale
and does not have any former business names.
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.
The senior management team consisting of 8 members with a combined
management experience of 150 years. Experience in sales, marketing, finance,
service, and general management.
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.
Business is a sole proprietorship adequately capitalized to support this
contract. No of its principals, shareholders, or officers have been partied
to bankruptcy.
Proposal Forms COMM/SVCS v.06.14.2018
Page 37 of 66
&57Board
kJ U Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
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.
N/A
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.
N/A
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.
N/A
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.
Advanced Healthstyles Fitness Equipment, Inc.
Company Name
Si ature of Authorized Company Official
Proposal Forms COMM/SVCS v.06.14.2018
Page 38 of 66
&57Board
kj U Cooperative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.com
REQUIRED FORMS CHECKLIST
(Please check(v)the following)
0 Completed: Proposer's Agreement and Signature
0 Completed: Vendor Contact Information
0 Completed: Felony Conviction Disclosure and Debarment Certification
0 Completed: Resident/Nonresident Certification
0 Completed: No Israel Boycott Certification
0 Completed: No Excluded Nation or Foreign Terrorist Organization Certification
0 Completed: Historically Underutilized Business (HUB) Certification)
0 Completed: Construction Related Goods and Services Affirmation
0 Completed: Deviation/Compliance
0 Completed: Location/Authorized Seller Listings
0 Completed: Manufacturer Dealer Designation
0 Completed: Texas Regional Service Designation
0 Completed: State Service Designation
0 Completed: National Purchasing Cooperative Vendor Award Agreement
0 Completed: Federal and State/Purchasing Cooperative Experience
0 Completed: Governmental References
0 Completed: Marketing Strategy
0 Completed: Confidential/Proprietary Information
0 Completed: Vendor Business Name with IRS Form W-9
0 Completed: EDGAR Vendor Certification
0 Completed: Proposal Invitation Questionnaire
0 Completed: Required Forms Checklist
0 Completed: Evaluation Items
0 Completed: Proposal Specification Form with Catalogs/Pricelists
*Catalogs/Pritellsts must bey submitted with proposal r-spanse or response wf/1 not be cvnsPdered.
Proposal Forms COMM/SVCS v.06.14.2018
Page 39 of 66
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Dap
C000perative Purchasing
12007 Research Boulevard • Austin,Texas 78759-2439 • PH: 800-695-2919 • FAX: 800-211-5454 • buyboard.corn
GENERAL TERMS AND CONDITIONS
A. General Provisions
1. Statement of Inclusion/Applicability
These General Terms and Conditions ("Terms and Conditions") apply to this Proposal Invitation and the proposing
company's response to this Proposal Invitation, and are an integral part of any contract which is awarded or
Purchase Order which is issued in association with this Proposal Invitation.
2. Organization and Section Titles
The provisions of these Terms and Conditions are generally organized according to the stages of the procurement
process: proposal, evaluation, award and performance. This organization of and the section titles used in these
Terms and Conditions are for convenience and reference only, and in no way define, describe, extend, or limit the
scope or intent of the provisions of any section of this document. Unless otherwise stated, any listing of factors or
criteria in these Terms and Conditions does not constitute an order of preference or importance.
3. Definitions
As used in this Proposal Invitation and associated documentation, the following terms have the meanings set out
below unless the context requires otherwise, regardless of whether initial capitalization is consistently used. Words
used in the singular include the plural, and words used in the plural include the singular. To the extent terms are
defined or used differently in different Proposal Invitation documents, substance prevails over form:
"BuyBoard®" means the internet-based electronic commerce technology provided by the Cooperative's
administrator, the Texas Association of School Boards, Inc. (TASB), to enable Cooperative members to purchase
awarded goods and services electronically.
"BuyBoard Administrator" means the Director of Cooperative Procurement identified in this Proposal Invitation
(or his/her successor).
"Contract" means the contract between the Cooperative and the successful Proposer (Vendor), which gives
Vendor the opportunity to serve Cooperative members based on the Cooperative's acceptance of all or part of the
Proposer's Proposal, and is comprised collectively of the following:
a) This Proposal Invitation;
b) Proposer's Proposal;
c) Notice of Award issued to Proposer by the Cooperative; and
d) Purchase Order between a Cooperative member and Proposer, and any additional terms, conditions, or
instructions agreed to by Proposer, that are consistent with these Terms and Conditions.
"Cooperative" means, collectively, The Local Government Purchasing Cooperative (which may also be referred
to as"Texas Cooperative" herein) and its administrator,TASB, unless a distinction is made otherwise.
"Cooperative member" or "member" means a local governmental entity (e.g., school district, city or county)
or other governmental entity that is a member of the Cooperative and is eligible to purchase through a
governmental purchasing cooperative or interlocal contract. Although not eligible to be a member of the
Cooperative, "Cooperative member" as used in these Terms and Conditions may include the Cooperative
administrator's non-profit entity subscribers when used in relation to a purchase from a non-profit subscriber.
"Goods"or"Products"(which terms are used interchangeably) means the goods, products, equipment or other
commodities that are the subject of this Proposal Invitation.
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"Proposal Invitation" means this Proposal Invitation and all associated documentation, including without
limitation, these Terms and Conditions and any amendments hereto, additional terms and conditions specific to
this Proposal Invitation, instructions, exhibits or attachments, forms, agreements, certifications, item
specifications, addenda, and supplements and/or clarifications.
"Proposal" means Proposer's complete and correct response to this Proposal Invitation, including all
information, forms, agreements, certifications and other documentation required by this Proposal Invitation,
properly signed by Proposer's duly authorized representative.
"Proposal Due Date" means the date and time specified in the Proposal Invitation, or any addenda thereto, by
which Vendors are required to submit Proposals for this Proposal Invitation.
"Proposer"or"Vendor" means the company or firm that submits a Proposal or, depending on the context, the
proposing company to which the Cooperative awards a contract under this Proposal Invitation. (For purposes of
the forms associated with this Proposal Invitation, "you", "your", "I" or "my" refer to Proposer or Vendor, as
applicable.)
"Purchase Order" means a Cooperative member's fiscal form or other instrument, including a record of an
online order placed through a Vendor website or record of a purchasing card (P-card) purchase, which is used in
making a purchase from Vendor under a BuyBoard contract.
B. Proposal Requirements
1. Specifications
Unless otherwise specified, the specifications are intended to be non-proprietary, and should be construed as such.
Catalog numbers, brand names, or manufacturer product or reference numbers used in the item specifications in this
Proposal Invitation are intended to be descriptive, not restrictive. These references, as well as "approved brands
and/or models" listed, are intended to identify and indicate the type of product being sought and establish the level of
quality desired. If any conflict exists in the item specifications between the product descriptions and any brand
names or model or reference numbers used, the product descriptions will override the brand names or model number
references.
In some cases, however, the Cooperative may find it advantageous in order to provide best value to Cooperative
members to standardize equipment and/or supplies by manufacturer in order to achieve efficiencies in procurement,
repair, and operation, to match existing stock, or to satisfy other requirements. In these limited cases, preference
will be given to the specific products identified as "approved brands and/or models,"especially if all other evaluation
factors are deemed to be equal. For this reason, where specific brands or models are identified, Proposer is
encouraged to propose the exact item specified, in addition to an alternate brand or model with equal/equivalent
functionality or features where appropriate or necessary.
In all cases, Proposals must identify the manufacturer, brand, model, etc., of the item being offered. For Proposals
on "equal/equivalent" items other than the specified "approved brand and/or model," Proposer must supply a
complete description and sufficient data for the Cooperative to properly analyze the product being proposed,
including its functionality and features. In order to conduct such analysis, the Cooperative may request samples for
items other than "approved brands and/or models." If the specification identifies a specific brand or model for any
item and Proposer fails to identify the manufacturer, brand, model, etc., for that item, the Cooperative will
assume Proposer is proposing on the exact brand and model identified in the specification, and if
awarded a contract,Vendor must furnish the exact brand name, model,etc., as specified. Substitutions
will not be allowed after the contract is awarded, except as provided for in section E.8 (Substitutions) of these
Terms and Conditions.
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The apparent silence of the specifications as to any detail, or the apparent omission from any specification of a
detailed description concerning any point, will be interpreted to mean that only the best commercial practices will
prevail, and the specification will be construed accordingly.
NOTE: Unless a different time period is stated in the General Information document of this Proposal Invitation, if
Proposer discovers or suspects an error in any item specification in this Proposal Invitation, including that the
specification is proprietary where not intended, Proposer must notify the BuyBoard Administrator of the error in
writing immediately, but in no event later than the tenth (101") business day before the Proposal Due Date.
2. Pricing
A "Line Item" Proposal must be for a specific price for the unit of measure specified for that item. Proposer is
responsible for clearly noting any differences in proposed packaging and/or units of measure as a deviation in
accordance with section 13.4 (Deviations from Item Specifications or General Terms and Conditions) of these Terms
and Conditions. If this Proposal Invitation requires "discount from catalog" pricing, Proposer must quote a single
discount percentage to be applied to all items in Proposer's published catalog. Proposer must submit the catalog or
published pricelist with the Proposal in electronic format. Catalogs and pricelists should contain only items that relate
to the items requested in the specifications. Vendors are discouraged from including irrelevant or non-responsive
information with their Proposal. The Cooperative reserves the right to deem a Proposal non-responsive if the
catalogs or pricelists submitted do not specifically relate to the intent of the Proposal Invitation or contain what the
Cooperative deems, in its sole discretion, excessive irrelevant or non-responsive information, including information
which makes it burdensome or impractical for the Cooperative to identify responsive products and pricing.
Proposer's pricing must be "equal to or better" than pricing Proposer offers other similar customers. Pricing that is
not considered equal or better could result in the Proposal being determined non-competitive and not considered for
award.
Unless specified otherwise in this Proposal Invitation:
a) A"cost plus"Proposal will not be accepted;
b) Proposer will not include freight, transportation and delivery charges or costs or sales tax in Proposal pricing
(freight, transportation and delivery charges are to be pre-paid by the awarded Vendor and, subject to
section E.5 (Packaging, Transportation, and Delivery) of these Terms and Conditions, included as a separate
item on the invoice to the ordering Cooperative member);
c) Proposal pricing must include the service fee due pursuant to section E.12 (Service Fee) of these Terms and
Conditions; and
d) Proposal pricing must be firm for acceptance and the Cooperative's period for acceptance will be at least 120
calendar days from the Proposal Due Date.
3. Quality
Unless otherwise indicated in this Proposal Invitation, proposed products must be new and in first class condition,
and must be warranted in the same manner and to the same extent as normally provided to other customers of
Proposer. Additionally, proposed products must conform to the highest standards of manufacturing practice,
including containers suitable for shipment and storage. Unless otherwise specified, "factory seconds,""refurbished",
or otherwise inferior items are not acceptable.
4. Deviations from Item Specifications or General Terms and Conditions
Proposer must clearly note and explain in detail any and all limitations, exceptions, qualifications, special conditions,
or other deviations (collectively"deviations') from these Terms and Conditions or any of the item specifications in the
Proposal at the time the Proposal is submitted. The submission of any such deviation may place Proposer at a
competitive disadvantage or otherwise prevent the Cooperative from considering the Proposal on the affected
item(s).
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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.
Other than any deviation submitted in writing with the Proposal and accepted by the Cooperative, the Cooperative
will hold Proposer accountable to the Cooperative and Cooperative members to perform in strict accordance with
these Terms and Conditions and the item specifications as written.
5. Addenda
Any interpretation, correction or change to this Proposal Invitation will be made by addendum, and updated
information contained in an addendum will prevail over the information contained in the original Proposal Invitation or
a previous addendum. The Cooperative is the sole authority for the issuance of any addendum, and any
communication related to this Proposal Invitation that is not from the Cooperative is invalid. Although the Cooperative
may provide electronic notification when an addendum has been issued and the changes will be flagged, it is
Proposer's responsibility to monitor the BuyBoard vendor website for possible addenda and incorporate any posted
addendum into the Proposal. Proposer must acknowledge each addendum in accordance with the instructions
accompanying the addendum.
6. Samples
The Cooperative may request a product sample. Proposer must furnish the requested sample at no cost to the
Cooperative, and, unless otherwise specified, the Cooperative must receive the sample within 72 hours of the
request. The submitted sample must be labeled with the Proposal Invitation name and number, item number,
product identification number, and Proposer's name. Proposer's failure to submit a sample when requested will result
in the product in question not being considered for award to Proposer.
The Cooperative will retain samples for a sufficient length of time for proper evaluation. If not destroyed or
consumed during examination or testing, the Cooperative will return samples to Proposer at Proposer's expense,
provided that Proposer has included a written return request with the submitted samples. Notwithstanding the
foregoing, the Cooperative may permanently retain samples submitted by awarded Proposers for the purpose of
determining that the quality and workmanship of awarded products delivered to Cooperative members is comparable
to the samples. The Cooperative is not liable for samples that are damaged, destroyed or consumed during
examination or testing.
7. Proposal on All or Certain Items
Unless otherwise specified, Proposer may propose on any or all items. Proposer should answer all questions related
to each item on which Proposer wishes to propose, and either leave the questions for other items unanswered (blank)
or indicate "No Bid." The Cooperative will consider items individually and make awards on each item independently,
except for"related" items for which "compatibility" will be an element of consideration. In such cases, small groups
of items will be considered as a unit.
Vendor's Proposal shall specify the regions and/or states that Vendor proposes to serve by completing the appropriate
Proposal forms. Vendor shall specify only those regions or states for which Vendor is authorized either under
applicable law and/or by the manufacturer to sell the proposed products. If Vendor proposes multiple products, and
the regions or states which the Vendor is able to serve and proposes to serve differ by product, Vendor must specify
the specific regions or states by product in its Proposal. A Vendor may not select a region or state in its
Proposal where Vendor is unable or unauthorized to sell a proposed product. If it is determined that a
Vendor is unable, unauthorized, or refuses to provide any awarded product(s) or service(s) in a region
or state specified in Vendor's Proposal, such inability, lack of authorization, or refusal will be an event
of default and grounds for termination of the Contract.
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8. "All or Nothing"Awards
Unless otherwise indicated in this Proposal Invitation, "all or nothing" Proposals are not acceptable and will be
rejected. Proposer must be willing to accept a partial award for any combination of the items or services proposed,
and must be willing to share the business with any other successful Proposers.
9. Confidential Information
Proposer must clearly identify information in the Proposal that Proposer considers proprietary or
confidential by completing the Confidential/Proprietary Information form. The Cooperative will treat
such information as confidential to the extent allowable under the Texas Public Information Act
(Chapter 552 of the Texas Government Code) or similar disclosure law.
If Proposer fails to properly identify the information, the Cooperative shall have no obligation to 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
laws. The Cooperative and its Administrator will not be responsible for Proposer's failure to clearly
identify information Proposer considers confidential or proprietary. Proposer will be notified of any
third party request for information that Proposer has identified in the Confidential/Proprietary
Information form as proprietary or confidential.
10. Certain Professional Services Excluded
Neither this Proposal Invitation nor any contract includes services that are required to be procured under the
Professional Services Procurement Act (Chapter 2254 of the Texas Government Code), including without limitation
architecture and professional engineering services.
11. Withdrawal or Modification of Proposal
Proposer may withdraw or modify a submitted Proposal prior to the Proposal Due Date and time specified in this
Proposal Invitation. A Proposal may be withdrawn only in strict accordance with this section.
Electronic Proposals Submissions: A Proposal submitted electronically through a website designated by the
Cooperative in the Proposal Invitation for submission of electronic proposals may be withdrawn or modified prior to
the Proposal Due Date and time through the same electronic proposal submission website. Vendor's login to the
electronic proposal submission website shall be used to verify Proposer's identity. Vendor shall be solely responsible
for ensuring only authorized use of its login, following all website instructions, and ensuring that the Proposal is
properly withdrawn or modified prior to the Proposal Due Date and time.
Hard Copy Submissions: If a Vendor submitted their Proposal in hard copy electronic format via mail or in person,
rather than electronic submission through the designated website, Proposer must submit a written request to the
Cooperative to withdraw the Proposal. The request to withdraw must be signed by an individual authorized to enter
into contracts on Proposer's behalf and indicate the individual's title. If the BuyBoard Administrator has any question
or doubt regarding Proposer's identity or the identity of its Proposal, withdrawal will not be allowed. If the
Cooperative decides to allow the withdrawal, Proposer's duly authorized representative will be required to complete
and sign a written receipt satisfactory to the BuyBoard Administrator before the proposal will be released. The
decision of the BuyBoard Administrator relating to matters concerning withdrawal of a Proposal is final.
Proposer may resubmit the withdrawn Proposal, or submit a new Proposal, up until the Proposal Due Date and time,
provided any new submission meets the requirements of this Proposal Invitation. If Proposer resubmits a Proposal
that was withdrawn and makes any change to any document in the proposal package, the change must be made in
accordance with the Cooperative's instructions for Proposal submissions, and Proposer will be deemed to have
authorized such change.
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Proposals that are in the Cooperative's possession (including Proposals submitted through an
electronic proposal submission website designated by the Cooperative in the Proposal Invitation
instructions) at the Proposal Due Date time shall be deemed final, conclusive, and irrevocable; and no
Proposal will be subject to withdrawal, amendment, or correction by a Proposer after the Proposal Due
Date and time specified in this Proposal Invitation. However, pursuant to section 13.4 (Deviations from Item
Specifications or General Terms and Conditions), the Cooperative reserves the right, in its sole discretion, to seek
clarification, communicate and resolve issues around deviations that were submitted in a Proposal, consistent with
general procurement principles of fair competition.
12. Certifications
The Proposer's Agreement and Signature form, which is fundamental to and incorporated into this Proposal Invitation,
requires Proposer to certify to certain matters. Pursuant to and in accordance with such Proposer's Agreement and
Signature form, and in addition to the matters set forth therein, Proposer certifies to the following with respect to this
Proposal Invitation, the Proposal, and any Contract awarded under this Proposal Invitation.
(a) Non-Collusion Certification
Proposer agrees and certifies to the following, and understands that the penalty for violating this non-collusion
certification will be the immediate disqualification of Proposer's Proposal:
1) Neither Proposer nor any business entity represented by Proposer has received compensation for participation in
the preparation of the item specifications or these Terms and Conditions related to this Proposal Invitation;
2) The Proposal has been arrived at independently and is submitted without collusion with any other Proposer, with
any competitor or potential competitor, or with any other person or entity to obtain any information or gain any
special treatment or favoritism that would in any way limit competition or give any Proposer an unfair advantage
over any other Proposer with respect to the Proposal;
3) Proposer has not accepted, offered, conferred, or agreed to confer, and will not in the future accept, offer, confer,
or agree to confer, any benefit or anything of value to any person or entity related to the Cooperative or any of its
members in connection with any information or submission related to the Proposal, any recommendation, decision,
vote, or award related to the Proposal, or the exercise of any influence or discretion concerning the sale, delivery,
or performance of any product or service related to the Proposal;
4) Neither Proposer, nor any business entity represented by Proposer, nor anyone acting for such business entity,
has violated the Federal Antitrust Laws or the antitrust laws of this State with regard to the Proposal, and the
Proposal has not been knowingly disclosed, and will not be knowingly disclosed, to any other Proposer,
competitor, or potential competitor prior to the opening of Proposals; and
5) No attempt has been or will be made to induce any other person or entity to submit or to not submit a Proposal.
(b)Certification Regarding Legal, Ethical,and Other Matters
Proposer agrees and certifies to the following:
1) Proposer has, or has the ability to obtain, such financial and other resources, including inventories, as may be
required to fulfill all the responsibilities associated with the Proposal;
2) Proposer has a high degree of integrity and business ethics, and a satisfactory record of performance;
3) Proposer is an authorized dealer, distributor, or manufacturer for the products or services offered in the Proposal
for each region or state Vendor proposes to serve in the Proposal;
4) Proposer has not been notified by any local, state, or federal agency with competent jurisdiction that its standing
in any matters whatsoever would preclude it from submitting its Proposal and Proposer would in no other way
whatsoever be disqualified to propose or receive any award or Contract related to this Proposal Invitation, and
Proposer will comply with any reasonable request from the Cooperative to supply information sufficient to
substantiate the foregoing representations;
5) Proposer has provided its valid, proper and correct business entity name and information in its Proposal, that
such entity is operating in good standing with the proper authority from whatever State or local jurisdiction is
required, and Proposer has obtained, and will continue to maintain during the entire term of the Contract, all
permits, approvals, or licenses necessary for lawful performance of its obligations under this Contract;
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6) The prices, prompt payment discount terms, delivery terms, distribution allowances and the quality and/or
performance (including warranties) of the product or services offered in the Proposal are and will remain the
same or better than those offered Proposer's most favored customer under equivalent circumstances;
7) The Proposal complies with all federal, state, and local laws concerning these types of products or services, and
Proposer will continue to comply with any applicable federal, state, and local laws related to Proposer's activities
in connection with the Contract;
8) Proposer will comply with any applicable prevailing wage rate requirements under the federal Davis-Bacon or
state or local law, including Chapter 2258 of the Texas Government Code;
9) Proposer will maintain, at Proposer's expense, any insurance, including without limitation such workers'
compensation insurance as may be required by state or local law or policy, necessary to protect the Cooperative
and its members from all claims for bodily injury, death, or property damage that might arise from the
performance by Proposer or its employees or its agents of any service under the Contract; however,the existence
of such insurance does not relieve Proposer of full responsibility and liability for damages, injury, death, or loss as
described or as otherwise provided for by law; and
10) Any false statement contained in the Proposal is a material breach of contract which will void the Proposal or any
resulting Contract, and subject Proposer to removal from all proposal lists, and possible criminal prosecution.
13. Proposal Signatures
Proposer must sign its Proposal in strict accordance with the Cooperative's instructions, including having an officer
duly authorized by Proposer execute the Proposal. By signing, the signatory warrants that he or she has read and
agrees to the terms of the Proposal and is authorized to execute same as a legally binding act of Proposer. A
facsimile or imaged signature will be deemed an original.
14. No Reimbursement
Proposer understands and acknowledges the Cooperative will not reimburse or pay Proposer for any
expenses Proposer incurs in preparing its Proposal or providing additional information required in
connection with the Proposal.
C. Proposal Evaluation
1. General
A Proposal submitted in accordance with this Proposal Invitation will initially be considered for award; however, initial
consideration of a Proposal will not constitute an assessment of its meeting the necessary qualifications, and a
Proposal may be disqualified at any time during the evaluation process for failure to meet any other terms or
conditions contained anywhere else in this Proposal Invitation.
2. Best Value Criteria
The Cooperative evaluates Proposals on the basis of best value to Cooperative members. In evaluating Proposals and
determining best value for all Cooperative members, the Cooperative will consider the following criteria:
Best Value Criteria Maximum Points
1 Price Com etiveness 60
2 Vendor Past Performance 15
3 Vendor Reputation for Goods and Services 15
4 Financial and Technical Resources 5
5 Ca abilit of Servicing Cooperative Members 3
6 Any other relevant factor or requirement listed in this Proposal Invitation 2
TOTAL, 100.
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The Cooperative's evaluation will include Proposer's responses to the forms and other attachments included or
associated with this Proposal Invitation, including but not limited to Proposer's responses to the Proposal Invitation
Questionnaire. Only responsive Proposals will be evaluated. Failure to include all required information may result in
a Proposal being deemed non-responsive.
As a general matter, the Cooperative makes competitive and indefinite quantity awards to Proposers that give the
same or better discounts/pricing than they give their best governmental clients. Proposers should provide
competitive pricing that is the same or better than the pricing provided their best governmental clients. Each
Proposal is evaluated on its own merit and determined to be fair and reasonable by comparing the price/discounts
that Vendor offers other governmental clients.
If this Proposal Invitation requires discount pricing, discount practices may be examined and evaluated, in the
Cooperative's sole discretion, based on historical data, sales information, discounts granted to other governmental
clients, and/or other market research techniques. The Cooperative may award Contracts to multiple Proposers
supplying comparable products or services, also known as a multiple award schedule, or award the Contract to a
single Proposer. The Cooperative's decision to make multiple awards or a single award will be based upon the
Cooperative's sole discretion regarding the type of award that provides best value to all Cooperative members.
In regards to Vendor past performance, among other factors, the Cooperative may consider a Vendor's breach of
contractual obligation on any other active or prior Cooperative contract awarded to Vendor including, but not limited
to, nonpayment of service fees by Vendor, its parent company or affiliates and/or Vendor's failure to generate any
minimum amount specified in a prior-awarded Cooperative contract.
3. Cooperative Board Decision
The Cooperative reserves the right to waive any or all irregularities, formalities, or other technicalities and to be the
sole and independent judge of quality and suitability of any products or services offered. The Cooperative may
accept or reject a Proposal in its entirety, or may reject any part of a Proposal without affecting the remainder of that
proposal, and may award the individual items in this Proposal Invitation in any combination or in any way that
provides best value to Cooperative members based on the criteria set out in section C.2 (Best Value Criteria) of these
Terms and Conditions. The Cooperative may use all means at the collective disposal of the Cooperative and
Cooperative members to evaluate Proposals. The final decision as to the best overall offer, including as to price and
suitability of the proposed products or services to meet the needs of and provide best value to Cooperative members,
rests solely with the Cooperative's Board of Trustees.
The Board's decision may be protested only in accordance with the Board's protest procedure policy, COOP-851,
which is available from the BuyBoard Administrator upon request. Pursuant to COOP-851, a protest challenging the
terms, conditions or form of notice of this Proposal Invitation and accompanying documentation must be received by
the Cooperative no later than 5:00 p.m. CST the fifth (5t") business day before the Proposal opening date, and a
protest challenging an award decision, including bid evaluations, no later than 5:00 p.m. CST the fifth (5t") business
day after the award is posted on the BuyBoard vendor website.
D. Contract Award
1. Notice of Award and Related Matters
A Proposal is an offer by Proposer to contract with the Cooperative and Cooperative members in accordance with this
Proposal Invitation, including without limitation the item specifications, and these Terms and Conditions. A Proposal
does not become a Contract unless and until the Proposal is accepted by the Cooperative through the issuance of a
written Notice of Award to the successful Proposer, whereupon the Contract becomes binding and enforceable. The
Contract is then utilized by a Cooperative member by the member issuing a signed purchase order for the awarded
products or services. Vendor must honor all purchase orders issued by Cooperative members during the Contract
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term in accordance with these Terms and Conditions. The Cooperative may maintain Vendor's contract documents in
electronic format for the duration of the Contract term.
The Cooperative reserves the right to allow awarded Vendors to add additional service regions, at the awarded
pricing,to the Vendor's Contract during the Contract term.
As provided for in detail in section E.11 (The BuyBoard) of these Terms and Conditions, all Purchase Orders must be
processed through the BuyBoard. All deliveries and financial transactions related to the Purchase Order will occur
directly between Vendor and the ordering Cooperative member.
Cooperative members and Vendors do not have the authority to modify these Terms and Conditions. By submitting a
Proposal, Vendor specifically agrees that these Terms and Conditions shall apply and that it shall not seek to impose
on a Cooperative member additional terms and conditions or ancillary agreements that are inconsistent with, or
intended to supersede these Terms and Conditions. Any attempt by a Vendor to impose terms and conditions on a
Cooperative member that are inconsistent with or intended to supersede these Terms and Conditions which were not
submitted by Vendor as a deviation with its Proposal and approved by the Cooperative shall be an event of default
under the Contract and grounds for termination of Vendor's Contract. However, a Cooperative member may add
terms to a Purchase Order that are consistent with these Terms and Conditions and are acceptable to Vendor,
including negotiating a supplemental or ancillary agreement with Vendor containing additional terms and conditions
for a specific purchase or purchases that are consistent with these Terms and Conditions. A Cooperative member
may require a performance and/or payment bond from Vendor as may be required by law or deemed necessary or
appropriate. Additionally, a Cooperative member may require Vendor to carry and provide proof of such insurance as
may be required by state or local law or policy. Individual Cooperative members may in certain circumstances require
background checks on Vendor employees who will have direct contact with students or staff, or for other reasons,
and may require Vendor to pay the cost of obtaining criminal history record information. To the extent of any conflict
between these Terms and Conditions and requirements contained in any Cooperative member Purchase Order or
supplemental/ancillary agreement, the stricter requirements on the Vendor shall apply. In the event of differing but
equally stringent requirements, the Cooperative member Purchase Order or negotiated additional terms and
conditions shall govern over the requirements in the Proposal Invitation.
2. Piggyback Contract and Other Entity Clause
It is the Cooperative's intent that other governmental entities throughout the United States, as well as
administrator's nonprofit entity BuyBoard subscribers, have the opportunity to purchase the goods or
services awarded under the Contract at the same pricing and according to these Terms and Conditions,
subject to applicable state law, through a piggy-back award or similar agreement. To the extent
applicable, Vendor must offer and sell the awarded goods and services to such other organizations and
entities in accordance with Vendor's Proposal, including without limitation the State Service
Designation form and the National Purchasing Cooperative Vendor Award Agreement.
E. Contract Performance
1. Contract Term
The term of the Contract is for the initial term stated in this Proposal Invitation, which term begins on the date
specified in the Notice of Award. Unless otherwise stated in this Proposal Invitation, the Contract may be renewed
for two (2) additional one (I)-year terms as provided for in this section E.I. A reference to"Contract term" in these
Terms and Conditions means the initial term and any renewal term.
The Contract shall govern the Vendor's and the Cooperative member's rights and obligations with respect to any
Purchase Order issued during the Contract term and afterwards, with respect to any Purchase Order or purchase
bound by the Cooperative member for specified goods or services before the Contract award period ended.
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Vendor has no right to or vested interest in a Contract renewal. The Cooperative will evaluate the Contract award
prior to the expiration of the then current Contract term (initial or renewal), and reserves the right to not renew the
Contract based on factors that may include, but are not limited to, the annual amount of business, Vendor's
performance, and the continued provision of best value to Cooperative members. With respect to annual amount of
business, Vendor must generate the minimum amount specified in the General Information document associated with
this Proposal Invitation through the Contract, during both the initial and the first renewal term, or may not be offered
a second renewal term. A vendor failure to generate this minimum amount may also be considered by the
Cooperative as part of vendor's past performance evaluation on future proposal invitations. A renewal must be
agreed to by the Cooperative and Vendor.
In the event the Contract term will expire before the Cooperative awards a successor contract for the categories of
awarded products or services, the Contract may be extended beyond the expiration date on a month to month basis,
or such other term as determined by the Cooperative, upon the agreement of the Cooperative and Vendor, provided
that the awarded pricing does not increase during such extension.
2. Prevailing Wages, Bonding and Insurance Requirements
Vendor must comply with any applicable prevailing wage rate requirements under the federal Davis-Bacon or state or
local law, including Chapter 2258 of the Texas Government Code.
Vendor must provide any applicable performance and payment bonds as required by law, including Chapter 2253 of
the Texas Government Code, or as requested by a Cooperative member. Vendor must maintain appropriate and
sufficient insurance, including without limitation such workers' compensation insurance as may be required by state
or local law or policy, necessary to protect Vendor and the Cooperative and its members from all claims for bodily
injury, death, or property damage that might arise from the performance by Vendor or its employees or agents of any
service under the Contract; however, the existence of such insurance does not relieve Vendor of full responsibility and
liability for damages, injury, death, or loss as described or as otherwise provided by law.
3. Conformity to Item Specifications and Contract Award
Vendor warrants that the products or services Vendor provides under the Contract conform to the item specifications
and other requirements of this Proposal Invitation (except to the extent and as specifically noted as deviations in
Vendor's Proposal), and are free from all defects in material, workmanship and title. If Vendor deviates from an item
specification, including delivering a product other than the specific brand and model of the product awarded, the
ordering Cooperative member may reject the product when delivered and terminate the purchase order, at no cost or
penalty to the member. Vendor further warrants that all products provided under the Contract meet applicable OSHA
standards and regulations, and that any electrical items bear the appropriate listing from US, FMRC, NEMA, or UL
Laboratories.
If awarded products are chemicals or other products that customarily require Material Safety Data Sheets (MSDS),
Vendor must include the MSDS with the first shipment of the product to a Cooperative member during the Contract
term. Vendor must provide additional MSDSs to Cooperative members upon request, promptly and at no additional
cost.
4. Awarded Pricing
Awarded pricing may include line item pricing, discount off catalog or pricelist, not-to-exceed hourly labor rates, or
other pricing structure as set forth in the Proposal Invitation. Except as provided in this section EA or otherwise in
this Proposal Invitation, Vendor shall hold its awarded pricing firm during the Contract term.
For awards based on discount off catalog or pricelist, Vendor may submit updated pricelists or catalogs reflecting
manufacturer or similar market-wide price increases that occur during the Contract term to the Cooperative, and shall
provide upon request such supporting manufacturer documentation as the Cooperative may require. Such pricelists or
catalogs must be provided in the same format required by the Proposal Invitation for catalogs and pricelists submitted
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with Proposals. All pricelist or catalog changes must be supported by manufacturer price changes or similar market
changes. The Cooperative reserves the right to reject any or all catalog or pricelist price changes as it deems to be in
the best interest of and to provide best value to Cooperative members. Unless otherwise provided in the Proposal
Invitation, no catalog or pricelist price increases, including website-based catalogs or pricelists, will be permitted or
accepted within 180 days of Vendor's Proposal submission or within 180 days of submission of a prior revised catalog
or pricelist. Updated pricelists or catalogs must be limited to awarded products or the pricelist or catalog may be
rejected by the Cooperative in its entirety. Vendor must provide the Cooperative with prior notice of catalog and
pricelist changes. Until such time as updated pricelists have been submitted to the Cooperative, or in the event the
Cooperative rejects or determines further information is required before accepting a revised catalog or pricelist,
Vendor shall be required to continue to apply the prior catalog or pricelist pricing, with applicable discount, to
Cooperative members.
For awarded pricing based on hourly labor rates, Vendor may not exceed the awarded pricing during the Contract
term unless changes to prevailing wage rates under state, local, or federal law applicable to the work to be performed
require higher rates. In such event, the Vendor must notify the Cooperative and provide documentation supporting
the required labor rate increase.
All awarded discounts must remain firm during the Contract term.
In the event Vendor decreases the price of awarded products or services for any or all of its other customers in
similar market circumstances below the Contract price, Vendor must offer such decreased pricing to Cooperative
members.
During the Contract term, Cooperative members may negotiate with Vendor, through the BuyBoard request for
quotes (RFQ) function or otherwise,to obtain lower prices for awarded products or services based on volume or other
factors.
If it is determined that a Vendor has sold products or services to Cooperative members through the Contract at a
price higher than the applicable awarded pricing,Vendor shall be in default of its Contract and subject to termination.
Unless specified otherwise in this Proposal Invitation, the service fee due pursuant to section E.12 (Service Fee) of
these Terms and Conditions is included in the awarded pricing.
5. Packaging,Transportation,and Delivery
Unless otherwise provided for in this Proposal Invitation, all products must be packaged in containers that are new,
appropriately designed for the product, and sturdy enough to protect the product during loading, transit, unloading,
and storage, and be suitably packed to secure the lowest transportation costs. Products for which palletizing is
appropriate must be delivered on standard 48"4-way pallets in good, serviceable condition.
Vendor is responsible for paying all freight, delivery, handling and other charges incurred in transporting and
delivering products to a Cooperative member, and for the risk of loss until the product is delivered to and accepted by
the Cooperative member. Freight, delivery, handling and other charges incurred in transporting and delivering
products to a Cooperative member are to be prepaid by Vendor. Vendor may collect the actual amount of such
charges after delivery and acceptance, provided that the charges (a) were disclosed to the Cooperative member, if
requested, and in all instances in which the charges exceed ten percent (10%) of the total cost of the order, prior to
shipment; (b) are itemized and shown separately on the member's invoice; and (c) are supported by appropriate
documentation submitted with the invoice.
Except for items that have hidden defects or that do not meet specifications, title and risk of loss to products pass to
a Cooperative member upon the member's actual receipt and acceptance of the product at the point and time of
delivery. Unless otherwise noted in the proposal (as a deviation) or the Purchase Order, Vendor must deliver or
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provide awarded products or services within ten (10) business days after receipt of a Cooperative member's purchase
order. Vendor must immediately notify the Cooperative member's primary contact of any anticipated or actual delay
and document the notice in writing, and the member may extend the delivery time or cancel the order if the delay is
unacceptable. If the Cooperative member has not received notice of the delay as required by this section, the
member may, at its discretion, return to Vendor any items received after the due date, at Vendor's expense and
without liability or penalty to the member. When the needs of a Cooperative member require immediate response,
the right to pick up products on an 'over the counter" basis must be available for the majority of the awarded
products. In these circumstances, the Cooperative member's personnel may pick up the products at Vendor's
warehouse location. Additionally, a Cooperative member may request emergency delivery, and Vendor must use its
best efforts to comply with rush or emergency requests. If Vendor cannot fulfill the emergency delivery requirement,
the member may procure the products or services from alternative sources without penalty. Time is of the essence in
Vendor's performance of the Contract.
6. Packing Lists, Invoices and Payments
Packing lists or other suitable shipping documents must accompany each shipment and state: (a) Vendor's name and
address; (b) Cooperative member's name and address or delivery location; (c) Cooperative member's Purchase Order
number; (d) descriptive information identifying the item(s) delivered, including quantity, item number, product code,
item description, and total number of containers; and (e) copies of all product warranties for the item(s) delivered.
Vendor must submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices must (a)
contain the information stated above; (b) separately itemize any transportation and delivery charges, and include
associated documentation; (c) include a properly signed copy of the delivery receipt; and (d) be mailed directly to the
ordering Cooperative member. Unless specified otherwise in this Proposal Invitation, the service fee due pursuant to
section E.12 (Service Fee) of these Terms and Conditions is included in the awarded pricing and must not be
separately itemized in the invoice.
Payment by the Cooperative member is due after a Cooperative member's receipt and acceptance of ordered
products or services and the documentation identified above, including a complete and correct invoice, in accordance
with the Prompt Payment Act (Chapter 2251 of the Texas Government Code.) A Cooperative member is not
responsible for products delivered or invoiced without a valid purchase order number.
A Cooperative member's obligation to Vendor is oavable only and solely from funds available for the purpose of the
purchase. Lack of funds will render a member's purchase order null and void to the extent funds are not available
and any delivered but unpaid product will be returned to Vendor. Neither the Cooperative nor TASB is liable or
responsible for any payment owed Vendor by a Cooperative member under the Contract.
7. Product Inspection,Testing,and Defective Items
Products supplied under the Contract must be delivered in the best possible condition, be covered by the product
warranties provided by Vendor and/or the product manufacturer to other customers, and are subject to inspection,
testing, and approval by the Cooperative or a Cooperative member. Tests may be performed on samples taken from
any regular shipment of the product. In the event a tested product fails to meet or exceed all requirements of the
item specifications or these Terms and Conditions, Vendor must pay the cost of the samples and the testing. Upon
receipt of notification from the Cooperative or Cooperative member, Vendor must pick up and replace the defective
product within five (5) business days or on the next service date, whichever is sooner, without charge for the
replacement or delivery. Additionally, the Cooperative or member may dispose of defective products that are not
picked up and replaced by Vendor, without cost. Products damaged in shipment are considered defective for
purposes of the foregoing. Latent defects discovered after delivery and acceptance of any products may result in
revocation of the acceptance of such products. The Cooperative or Cooperative member must have access to
Vendor's place of business during normal business hours for the purpose of inspecting any awarded product.
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8. Substitutions
Vendor's Proposal must specify the products or services Vendor proposes to provide under each category of the
Proposal Invitation specifications. Vendor shall only be permitted to provide those products or services specified for
categories under which Vendor is awarded under the Contract. Except as provided in this section E.8, the
Cooperative will not accept substitutions to any of the product(s) listed in the Proposal after a Notice of Award has
been issued. If an awarded product or catalog of products is discontinued by the manufacturer and the same
manufacturer offers an equivalent replacement product or catalog of products within the same Proposal Invitation
specifications and category(ies) for which Vendor was awarded, Vendor may substitute the replacement product for
the awarded product. Vendor shall submit supporting documentation to the Cooperative regarding any substitutions.
The Cooperative reserves the right to reject, in its sole discretion, any substitution.
9. Product and Service Guarantees and Warranties
Vendor must not limit or exclude any implied warranties and shall extend such warranties on the awarded product, as
well as the installation thereof if such installation is provided by Vendor, as are normally provided to other customers
of Vendor. All services shall be performed in a good and workmanlike manner consistent with industry standards.
Unless a deviation is submitted by the Vendor with its proposal and accepted by the Cooperative pursuant to section
13.4 (Deviations from Item Specifications or General Terms and Conditions) of these Terms and Conditions or unless a
different warranty is required by a Cooperative member Purchase Order or supplemental contract, a minimum of a
ninety (90)-day product or service guaranty or the manufacturer's standard commercial warranty, whichever is
greater, will apply to all awarded products and services. At a minimum, all product warranties must provide for
replacement of defective merchandise, parts, and labor, and include pick-up of the defective merchandise from the
location specified by the Cooperative member and delivery of the replacement(s) to the same location. In addition,
such warranty shall include curing any defects in connection with any Vendor installation of the product at no
additional cost to the member. The warranty period is effective from the date the Cooperative member accepts the
product or the date the service is completed and accepted by the Cooperative member.
Vendor shall respond to any reasonable requests for information from the Cooperative, its administrator, or a
Cooperative member in regards to concerns regarding public health or safety regarding awarded products, including
such documentation as may be reasonably requested. In the event of any product recalls affecting awarded
products, as soon as practicable, Vendor shall notify in writing both the Cooperative and any Cooperative members
who made purchases from Vendor for such recalled products of the recall and proposed action. At a minimum and
without waiving any other requirements under law or Cooperative member purchase order, Vendor shall be required
with respect to purchasing Cooperative members to take all action required by law or any greater remedy as may be
offered by Vendor to other customers with respect to recalled products, including but not limited to, prompt
replacement and/or refunds.
10. Multiple Distribution Centers, Single Point of Contact,and Designated Dealers
If Vendor delivers products out of more than one warehouse or distribution center, all warehouses or distribution
centers involved in the distribution plan must carry or have timely access to all awarded items and must be able to
respond to orders in a timely manner. Unless otherwise specified in this Proposal Invitation, product substitutions are
not allowed, and the involvement of multiple distribution centers does not alter the restriction against product
substitution.
The Cooperative and Cooperative members will have one Vendor contact person for overall contract management
relative to the Contract, even if Vendor uses multiple distribution centers or designated dealers, and the Cooperative
and its members will not be required to deal with multiple Vendor contacts for overall contract management.
If Vendor is a manufacturer that sells products through a dealer network, Vendor may request to designate a dealer
or multiple dealers ("Designated Dealer"or"Designated Dealers") to receive Cooperative member Purchase Orders on
Vendor's behalf by completing and submitting to the Cooperative's administrator the information required on the
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Manufacturer Dealer Designation form contained in the Proposal Invitation, and/or such other form or information as
the Cooperative's administrator may reasonably require.
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 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. 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.
Further, Vendor acknowledges and agrees that, if Vendor opts to submit Designated Dealers under the Contract,
Vendor is responsible for ensuring the accuracy of, maintaining, and updating the Designated Dealer information
provided to the Cooperative and ensuring and confirming such information has been received by the Cooperative's
administrator in such form as the Cooperative's administrator may reasonably require. 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.
11. The BuyBoard
The awarded Contract will be posted on the BuyBoard website as an online electronic catalog(s). Except as
expressly authorized in writing by the Cooperative's administrator, neither Vendor nor any Vendor
Designated Dealer is authorized to process a Purchase Order received directly from a Cooperative
member, and a Cooperative member that wishes to procure goods or services under the Contract will initiate a
Purchase Order through the BuyBoard, which will be transmitted to Vendor or Vendor's Designated Dealer(s). All
Purchase Orders generated by or under the contract must be processed through the BuyBoard. To the extent that a
Vendor or a Vendor Designated Dealer erroneously processes a Purchase Order received directly from a Cooperative
member without express written authorization from the Cooperative's administrator, such actions may be considered
in breach of Vendor's obligations under the Contract but shall not alter the nature of the transaction as a BuyBoard
purchase or relieve Vendor of the obligation to pay the service fee on such purchase, the intent of the Cooperative
member to purchase through the Cooperative contract being paramount. Vendor and any Vendor Designated Dealer
must maintain the computer and telephone hardware necessary to provide for the electronic receipt of Purchase
Orders, and pay such costs and fees as may be imposed by a supplier or service provider for the software, equipment
and service required to use the BuyBoard. To the extent that a Vendor is authorized in writing by the Cooperative
administrator to process a Purchase Order received directly from a Cooperative member, Vendor shall be required to
comply with all conditions imposed by the Cooperative as a part of such authorization.
12. Service Fee
Vendor must pay the Cooperative the service fee specified in this Proposal Invitation and, unless this Proposal
Invitation provides otherwise, the service fee is included in the awarded pricing. Except as otherwise provided in this
section E.12, Vendor must remit the service fee to the Cooperative in Austin, Texas, within 30 days of the date of
each service fee invoice.
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Service fees shall be deemed incurred on the date of Vendor's receipt of payment for products or services by the
Cooperative member. To the extent that a Vendor disputes any service fee listed in an invoice, including but not
limited to assertions that the purchase on which the fee is based has yet to be delivered or paid (e.g. special orders),
was canceled by the Cooperative member, or is a duplicate purchase order, the Vendor must notify the Cooperative
of the dispute in writing no later than the 90th day after the original invoice date (Dispute Period) by returning
a copy of the invoice or statement of outstanding balances to the Cooperative with each disputed item marked and
the basis for dispute provided. To the extent that the disputed service fees have been paid by Vendor, any request
for a refund must be provided to the Cooperative in writing, with supporting documentation, no later than the last
day of the Dispute Period. Vendor agrees to cooperate, and require any Vendor Designated Dealer(s) or billing agent
to cooperate, with the Cooperative in attempting to reconcile and resolve disputed fees, and shall provide such
reasonable information and documentation as the Cooperative may require to review the disputed fees to the
satisfaction of the Cooperative administrator's staff. Any service fees for which the Cooperative has not received a
notice of dispute or request for refund within the Dispute Period as set forth herein shall be deemed conclusively due
and owing and no longer subject to dispute or claim for refund.
Unpaid service fees will be subject to collection in accordance with the Cooperative's Board Policy, COOP-852, Vendor
Invoicing and Collections.
A Vendor may designate a billing agent to receive Cooperative service fee invoices on Vendor's behalf including, if
Vendor is a manufacturer, any Designated Dealer(s) of Vendor's products. Such designation must be made in writing
by an authorized representative of Vendor and properly submitted to the Cooperative's administrator in such form as
the Cooperative's administrator may reasonably require. However, in so doing, Vendor acknowledges and agrees that
such designation shall be for Vendor's convenience only and Vendor shall remain responsible for all obligations under
the Contract, including payment of service fees, and shall remain subject to all remedies for default in payment
thereof.
Vendor agrees to provide the Cooperative with copies of all Purchase Orders generated by or under the Contract that
are received directly from Cooperative members, or such other documentation regarding those Purchase Orders as
the Cooperative's administrator may require in its reasonable discretion. Additionally, the Cooperative has the right,
upon reasonable written notice, to review Vendor's records pertaining to purchases under the Contract with
Cooperative members to verify purchase history and the accuracy of service fees payable from Vendor.
13. Disclaimer of Warranty and Limitation of Liability
THE COOPERATIVE AND TASB (BOTH D/B/A BUYBOARD) DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, IN REGARD TO THE AVAILABILITY, ACCURACY, CONTENT OR ANY OTHER ASPECT OF ANY
INFORMATION, PRODUCT, OR SERVICE FURNISHED UNDER THE CONTRACT AWARD, INCLUDING, WITHOUT
LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. WITH RESPECT TO ANY AND ALL CAUSES OF ACTION ARISING UNDER OR RELATED TO THE CONTRACT,
NEITHER THE COOPERATIVE NOR TASB, NOR THEIR RESPECTIVE OFFICERS, BOARD MEMBERS, EMPLOYEES OR
AGENTS, IS LIABLE TO VENDOR UNDER ANY CIRCUMSTANCES FOR LOST REVENUE, DATA OR PROFITS, OR FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF THE COOPERATIVE
AND/OR TASB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT WAIVING ANY
GOVERNMENTAL IMMUNITY PROVIDED BY LAW, IN NO EVENT WILL THE COOPERATIVE AND/OR TASB'S TOTAL
JOINT LIABILIY TO VENDOR EXCEED THE AMOUNT OF THE SERVICE FEE PAID BY VENDOR DURING THE TWELVE
MONTHS IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
Neither the Cooperative nor TASB is in any way liable to Vendor for a Cooperative member's performance or
nonperformance of the member's obligations under the Contract or Purchase Order.
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14. Sales Tax
Cooperative members are governmental entities which are generally exempt by law from the payment of state sales
tax and federal excise tax. Vendor may request a Cooperative member to provide a tax exemption certificate, or the
member may establish its tax exempt status by including tax exemption information or tax exemption certificate with
the purchase order as authorized under law. Vendor is responsible for collecting such taxes, if any, as may be due
from a Cooperative member and remitting payment to the appropriate taxing authority.
15. Use of Logo and Trade Name
The BuyBoard trade name and logo are proprietary to TASB and have been specifically licensed by TASB to the
Cooperative. Vendor may not use, display, or otherwise distribute the BuyBoard logo or trade name except in strict
accordance with the Cooperative's written guidelines posted on the BuyBoard website.
16. Indemnification
Vendor agrees to defend, indemnify, and hold harmless the Cooperative, TASB and Cooperative members, and their
officers, board members, agents and employees, from and against all claims, actions, suits, demands, proceeding,
costs, damages and liabilities, including court costs and attorney's fees, arising out of or resulting from any acts or
omissions of Vendor or its agents, employees, suppliers or contractors or subcontractors in the execution of or
performance under the Contract or a purchase order, as applicable.
17. Intellectual Property Infringement
Without limiting the scope of section E.16 (Indemnification) of these Terms and Condition, if any claim is asserted, or
action or proceeding brought against the Cooperative or a Cooperative member that alleges that all or any part of the
products supplied by Vendor, in the form supplied or modified by Vendor, or its subcontractors pursuant to Vendor's
sole directions, infringes or misappropriates any United States intellectual property, intangible asset, or other
proprietary right, title or interest (including, without limitation, any copyright or patent or any trade secret right, title,
or interest), or violates any other contract, license, grant, or other proprietary right of any third party, the
Cooperative, upon its awareness, shall give Vendor prompt written notice thereof. Vendor shall defend, and hold the
Cooperative and the Cooperative member harmless, against any such claim or action and shall indemnify the
Cooperative and Cooperative member against any liability, damages and costs resulting from such claim. In addition,
if, in any such suit arising from such claim,the continued use of the product for the purpose intended is enjoined by any
court of competent jurisdiction, Vendor shall, at its expense and option, either (a) procure for the Cooperative member
the right to continue using the product; (b) modify the product so that it becomes non-infringing; (c) replace the product
or portions thereof so that it becomes non-infringing; or (d) allow the Cooperative member to return the product and
refund the purchase price(less reasonable depreciation for use.)
18. Remedies for Default and Termination of Contract
Except as otherwise provided for in these Terms and Conditions, either party may terminate the Contract in whole or
in part in the event of the other parry's substantial failure to fulfill its obligations under the Contract through no fault
of the terminating party; provided, however, that the defaulting party is given at least ten (10) business days prior
written notice of the default and intent to terminate (delivered by certified mail, return receipt requested, or other
method that similarly documents receipt), and a ten (10) business day opportunity to remedy the default to the
satisfaction of the terminating party (or, in the event of default based on Vendor's failure to timely remit the service
fee due the Cooperative, such longer cure period as may be established by Cooperative policy.)
At the Cooperative's option and in addition to any other remedies it may have available, the Cooperative may
terminate the Contract if Vendor fails to adhere to or violates any of the provisions of these Terms and Conditions,
including the certifications. Without limiting the scope of the foregoing, one or more of the following constitute
grounds for termination:
a) Delivery of product or services that fail to meet the item specifications;
b) Delivery of product or services that are defective or substandard or fail to pass product inspection;
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c) Delivery of a product substitution, except as specifically authorized;
d) Failure to meet required delivery schedules;
e) Failure to timely supply the awarded products or services at the contract price;
f) Failure to timely remit any service fee due the Cooperative under the Contract or any other BuyBoard
contract with Vendor, it parent company, or affiliates;
g) Failure to provide, within a reasonable time and where required by the Contract, information reasonably
requested by the Cooperative including, but not limited to, information requested under section E.12 of these
Terms and Conditions;
h) Processing a Purchase Order received directly from a Cooperative member, without prior written approval
from the Cooperative's administrator;
i) Providing architectural or engineering services under the Contract that must be procured pursuant to the
Professional Services Procurement Act (Chapter 2254 of the Texas Government Code);
j) Selling non-awarded goods or services under the Contract or any other BuyBoard contract with Vendor; or
k) Vendor refusal, inability or loss of ability, to offer or provide awarded goods or services to Cooperative
members in awarded regions or states unless caused by a Force Majeure event pursuant and subject to
section E.19.
Notwithstanding any other provision of this section E.18, in the event of Vendor's default under or breach of any
provision in the Contract, the Cooperative reserves the right to enforce the performance of the Contract in any
manner prescribed by law or deemed to be in the best interest of the Cooperative or necessary or appropriate to
protect or provide best value to Cooperative members. Without limiting the scope of the foregoing, the Cooperative
or its administrator may temporarily inactivate (suspend) Vendor from the BuyBoard website and as a BuyBoard
vendor, suspend or remove any Vendor Designated Dealer from the BuyBoard website, or require removal of an
awarded product with or without prior notice to Vendor, if the Cooperative or its administrator determines that a
breach under the Contract or any other BuyBoard contract with Vendor, including nonpayment of service fees, or a
potential public health, policy or safety issue warrants such action, and the temporary inactivation will remain in
effect pending further action or termination of the Contract by the Cooperative or its administrator. Vendor remains
liable for all obligations and responsibilities incurred prior to and during any temporary inactivation and prior to
termination, as applicable.
In the event the Cooperative terminates the Contract, in whole or in part, the Cooperative reserves the right to award
the terminated Contract, or any portion thereof, to the next Proposer the Cooperative determines to provide best
value to Cooperative members.
A Cooperative member has no authority to terminate the Contract at the Cooperative level for default, but may
terminate a Purchase Order or refuse to accept delivery as provided for in these Terms and Conditions or for Vendor's
material breach of a term or condition included in a member Purchase Order or supplemental contract. Additionally,
the Cooperative and Cooperative members may sue for breach of contract and specific performance and, in addition
to contract damages, recover attorneys'fees and costs.
Neither the Cooperative nor a Cooperative member will be liable to Vendor for any damages (including, but not
limited to, loss of profits or loss of business, or any special, consequential, exemplary, or incidental damages)
resulting from termination based on Vendor's default or breach of contract.
If any delay or failure of performance is caused by a Force Majeure event as described in section E.19 (Force
Majeure) of these Terms and Conditions, the Cooperative may, in its sole discretion, terminate the Contract in whole
or part, provided such termination complies with the procedures set out above. Any Contract termination resulting
from any cause other than a Force Majeure event will be deemed valid reason for not considering any future
proposals from the defaulting Vendor.
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In the event a Vendor's Contract is terminated under this section E.18, Vendor shall remain responsible for payment
of all service fees to the Cooperative for products and services sold to Cooperative members prior to such
termination.
19. Force Majeure
The term Force Majeure includes, but is not limited to, governmental restraints or decrees, provided they affect all
companies in Vendor's industry equally and are not actions taken solely against Vendor; acts of God (except natural
phenomena, such as rain, wind or flood, which are normally expected in the locale in which performance is to take
place); work stoppages due to labor disputes or strikes; fires; explosions; epidemics; riots; war; rebellion; or
sabotage.
The Cooperative, Cooperative members, and Vendor are required to use due caution and preventive measures to
protect against the effects of Force Majeure, and the burden of proving that Force Majeure has occurred rests on the
party seeking relief under this section E.19. The claiming parry must promptly notify the other party in writing, citing
the details of the Force Majeure event, use due diligence to overcome obstacles to performance created by the Force
Majeure event, and resume performance immediately after the obstacles have been removed, provided the Contract
has not been terminated in the interim.
Delay or failure of performance of the Contract or a Purchase Order caused solely by a Force Majeure event will be
excused for the period of delay caused solely by the Force Majeure event, provided the party claiming the event
promptly notifies the other party in writing. Neither parry shall have any claim for damages against the other
resulting from delays caused solely by Force Majeure. Neither the Cooperative nor a Cooperative member will be
responsible for any cost incurred by Vendor because of the Force Majeure event unless the Cooperative member has
requested, in writing, that Vendor incur such cost in connection with any delay or work stoppage caused by the Force
Majeure event.
Notwithstanding any other provision of this section E.19, in the event Vendor's performance of its obligations under
the Contract is delayed or stopped by a Force Majeure event, the Cooperative may, at its sole option, terminate the
Contract in accordance with section E.18 (Remedies for Default and Termination of Contract) of these Terms and
Conditions. This section E.19 does not limit or otherwise modify any of the Cooperative's rights as provided
elsewhere in the Contract.
F. Miscellaneous
1. Assignment
Vendor may not sell, assign,transfer, convey or subcontract any responsibility or obligation created by the Contract in
regards to the Cooperative without the Cooperative's prior written consent. A Vendor wishing to assign, transfer, or
convey all or any portion of an awarded Contract shall submit a written request to the Cooperative, preferably at least
60 days before the projected effective date of the assignment and provide such information as the Cooperative may
require to process and consider the request.
Approval or denial of an assignment request shall be within the sole discretion of the Cooperative, and a vendor not
awarded a Contract through the Proposal Invitation process has no right or vested interest to assignment of an
awarded Contract. In determining whether to consent, the Cooperative may consider any relevant factors, including
whether the person to which the sale, assignment, transfer, conveyance or subcontract is proposed is bound to and
will honor all obligations and responsibilities imposed on Vendor under the Contract, including awarded pricing, and
the best interest of and value to Cooperative members. Vendor's attempted sale, assignment, transfer, conveyance
or subcontracting of any part of the Contract except in compliance with this section FA is void and ineffective.
If Vendor ceases distribution of an awarded product for any reason during the Contract term, including ceasing
distribution in one or more regions or states designated by Vendor in its Texas Regional Service Designation or State
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Service Designation forms, and the Cooperative determines that continued availability of the product provides best
value to Cooperative members, the Cooperative reserves the right to place the manufacturer of such product on the
BuyBoard for the remainder of the Contract term for any or all regions or states in which Vendor has ceased
distribution, in which event Vendor's Contract for such product will be deemed assigned to the product manufacturer.
2. Notices
Unless otherwise provided for in this Proposal Invitation, any written notice or other communication required by the
Contract or by law will be conclusively deemed to have been given and received on the third business day after such
written notice has been deposited in the U. S. Mail, properly addressed, and with sufficient postage affixed thereto,
provided that actual notice may also be given in any other manner used in commerce.
If the conclusion of any time period provided for in these Terms and Conditions falls on a weekend or a federal
holiday, the conclusion of such time period shall be deemed to be extended until the next business day. Otherwise,
references to time periods measured by days shall mean calendar days unless business days are specifically
designated.
3. Equal Employment Opportunity(EEO) Disclosures
Vendor agrees to abide by all applicable laws, regulations, and executive orders pertaining to equal employment
opportunity, including federal laws and the laws of the state in which Vendor's primary place of business is located. In
accordance with such laws, regulations and executive orders, Vendor agrees that no person in the United States shall,
on the grounds of race, color, religion, national origin, sex, age, veteran status, disability or genetic information, be
excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity performed by Vendor under the Contract. Upon request, Vendor will
furnish information regarding its nondiscriminatory hiring and promotion policies.
4. Applicable Law,Venue and Dispute Resolution
The Contract is governed by and will be construed according to the laws of the State of Texas, including the Uniform
Commercial Code (UCC) as adopted in the State of Texas as effective and in force on the date of the Contract. Venue
for any litigation concerning the Cooperative or TASB lies in Austin, Travis County,Texas, and venue for any litigation
between a Cooperative member and Vendor arising under the Contract lies in the home county of the member. The
parties have the mutual affirmative duty to attempt to resolve any disputes that arise under the Contract in good faith at
the least possible expense prior to the initiation of any type of judicial or administrative proceeding.
5. Waiver
No claim or right arising out of a breach of the Contract can be discharged in whole or part by a waiver or
renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing
signed by the aggrieved party. A parry's failure to require strict performance of any provision of the Contract does
not waive or diminish that parry's right thereafter to demand strict compliance with that or any other provision.
6. Interpretation —Parol Evidence
This writing is intended by the parties as a final expression of their agreement and a complete and exclusive
statement of the terms of their agreement. No course of prior dealing between the parties and no usage of the trade
is relevant to supplement or explain any terms used in the Contract. Acceptance or acquiescence in a course of
performance rendered under the Contract is not relevant to and does not determine the meaning of the Contract
even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection.
7. Right to Assurance
Whenever the Cooperative in good faith has reason to question Vendor's intent to perform, the Cooperative may
demand that Vendor give written assurance of its intent to perform. In the event that a demand is made and no
assurance is given within five (5) days, the Cooperative may treat the failure as an anticipatory repudiation of the
Contract.
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8. Non-Appropriations Clause
Texas law prohibits the obligation and expenditure of public funds beyond the fiscal year for which a budget has been
approved. A Cooperative member that is a governmental entity (a) reserves the right to rescind a multi-year
purchase order or other agreement to purchase products or services under the Contract at the end of the member's
fiscal year if it is determined that funding is not available to extend the agreement; and (b) will use its best efforts to
attempt to obtain and appropriate funds for payment.
9. Invalid Term or Condition
If any term or condition of the Contract is held invalid or unenforceable, the remainder of the Contract will not be
affected and will be valid and enforceable.
10. Remedies Cumulative
The remedies available to the Cooperative, a Cooperative member, or Vendor under this Contract are in addition to
any other remedies that may be available under law or in equity.
11.Signatures
Except as required pursuant to section 13.13 (Proposal Signatures) of these Terms and Conditions with respect to
Proposals and related documentation or as otherwise specifically required in these Terms and Conditions, all notices,
requests, amendments and other written documentation required or authorized under the Contract may be provided
by facsimile or as an imaged document, and an electronic,facsimile or imaged signature shall be deemed an original.
12. Right of Setoff
Any indebtedness or obligation owed by Vendor or Vendor's affiliates to the Cooperative may be appropriated and
applied by the Cooperative at any time, and from time to time, on any indebtedness or other obligation owed by the
Cooperative to Vendor or Vendor's affiliates, whether such indebtedness or other obligations are now existing or
hereafter arise, and whether under the Contract or otherwise. It is further understood and agreed that this right of
setoff is in addition to, and not in lieu of, any other right, remedy or recourse which is available to the Cooperative
either at law or equity, and that failure to exercise such right of setoff in any instance shall not constitute a waiver of
such right.
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12007 Research Boulevard • Austin, Texas 78759-2439 - PH: 800-695-2919 • FAX: 800-211-5454 • www.buyboard.com
THE LOCAL GOVERNMENT PURCHASING COOPERATIVE
ADDENDUM NO. 1
Proposal No. 583-19
Athletic, Physical Education, Gymnasium Supplies and Equipment
and Heavy Duty Exercise Equipment and Related Accessories
The following information becomes a permanent part of the Proposal Invitation document.
PROPOSAL DUE DATE
The correct deadline date for this proposal is August 30, 2018, at 4:00 P.M.
Please sign and return one copy of the addendum with proposal as verification of receipt and compliance with
addendum information.
Company Name: Advanced Healthstyles Fitness Equipment, Inc.
Address: 861 SouthPark Dr. Ste. 100
Signature of Authorized / Inside Sales
Company Official: Title:
Telephone Number: 303-996-0048 x 1019 pate: 8/20/18