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2020/11/30 - Briefing Packet
1 I r MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF November 30, 2020 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. 1854 A Mason County Support Services Department Budget Management co rr� �A� � 411 North 5th Street Commissioner Administration Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services a' Labor Relations lf15J Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES November 30, 2020 • Specific Items for Review o FY20—Emergency Management Performance Grant(EMPG)contract E21-121—Ross o Parks 2021 Field Rental Rates-Ross • Commissioner Discussion JADLZ\Briefing Items\2020\2020-11-30.doex MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Emergency Management EXT: 806 BRIEFING DATE: 11-30-2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: FY20- Emergency Management Performance Grant (EMPG) contract E21-121 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): This grant originates from the US Department of Homeland Security to Washington State Military Department to State EMD then to us at the county level. The EMPG grant is a yearly reimbursable grant we have been receiving since 2007. The grant is for program enhancements and continuation of special programs that assist with planning, educating, exercising citizens and staff in emergency preparedness. The grant also allows for the purchase of preparedness items to attain our goal of preparedness. The 2020 amount is close to the same from 2019 (-$36). In 2020 grant, we will be receiving $35,641. There is a 50% match to the grant, which comes from the 2021 DEM salaries and supplies budget lines. BUDGET IMPACTS: DEM Budget Revenue $35,641 for FY 2021 RECOMMENDED OR REQUESTED ACTION: Approve the signing of the FY20 EMPG contract E21-121 pending review by Asst. PA Tim Whitehead. ATTACHMENTS: FY20 EMPG grant contract E21-121 face sheet Briefing Summary 11/10/2020 Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: County of Mason $35,641 E21-121 Division of Emergency Management(DEM) 100 W Public Works Drive Shelton,WA 98584-9714 4. Subrecipient Contact,phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Ross McDowell,360.427-9670 x806 June 1,2020 August 31,2021 rmcdowell co.moson.wa.us 7. Department Contact,phonelemail: 8. Data Universal Numbering System(DUNS): 9. UBI#(state revenue): John Hollingsworth,253-512-7044 069680761 232-002-101 ohn.hollin sworth mil.wa. ov 10. Funding Authority: Washington State Military Department(the"DEPARTMENT")and the U.S.Department of Homeland Security(DHS 11. Federal Funding identification#: 12. Federal Award Date: 13. Assistance Listings#(formerly CFDA)&Title: EMS-2020-EP-00002-S01 04/30/2020 1 97.042 20EMPG 14. Total Federal Amount 16. Program Index#&OBJ/SUB-OBJ: 16. EIN: $7 660 758 703PT NZ 1 91-6001354 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned,State (BY LEGISLATIVE DISTRICT): 35 Mason Certified: N NIA ❑ NO BY CONGRESSIONAL DISTRICT): 6 10 ❑ YES,OMWBE# 20. Agreement Classification: 21. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services N Public/Local Gov't ❑ Contract N Grant N Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental RCW 39,34) ❑ Interagency 22. Subrecipient Selection Process: 23. Subrecipient Type(check all that apply): N 'To ail who apply&qualify' ❑ Competitive Bidding ❑ Private Organizationllndividual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A N Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised?❑ YES ❑ NO ❑ CONTRACTOR N SUBRECIPIENT❑ OTHER 24. PURPOSE&DESCRIPTION: The purpose of the Fiscal Year(FY)2020 Emergency Management Performance Grant(20EMPG) program is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to states to assist state, local,territorial, and tribal governments In preparing for all hazards through sustalnment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass-through Entity of the 20EMPG DHS Award letter for Grant No.EMS-2020-EP-00002- S01,which is incorporated In and attached hereto as Attachment F and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subreciplent Is accountable to the Department for use of Federal award funds rovided under this Agreement and the associated matching funds. IN WITNESS WHEREOF,the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof,and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B); Work Plan (Attachment C);Timeline(Attachment D);Budget(Attachment E);20EMPG Award Letter EMS-2020-EP-00002-S01 (Attachment F);and all other documents expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govem the rights and obligations of the parties to this Agreement. No other understandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the pardes hereto. In the event of an Inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions,and, 3. Work Plan Timeline,and Budget 6. Other provisions of the Agreement Incoiporated by reference WHEREAS,the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan Anne Hesse,Chief Financial Officer Ross McDowell,DEM Manager Washington State Military Department Mason County BOILERPLATE APPROVED AS TO FORM: Brian E.Buchholz 4/23/2020 APPROVED AS TO FORM(if applicable): Sr.Assistant Attorney General Applicant's Legal Review Date DHS-FEMA-EMPG-FY20 Page 1 of 35 Mason County DEM, E21-121 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Parks &Trails EXT: 806 BRIEFING DATE: 11-30-2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): - Budget/Finance - Human Resources - Legal - Other- please explain ITEM: Mason County Parks Department 2021 Field Rental Rates EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County Parks is bringing forward to the BOCC the 2021 rate increase consistent with Resolution 10-09 and Fees and Charges Policy for Parks.The rates are adjusted by the CPI for all Cities June to June (2021 is 1.5% increase). BUDGET IMPACT: There is no cost impact to the County, there may, however be a revenue increase. PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: BOCC approve Rate Increase per attached rate schedule for 2021 ATTACHMENTS: Mason County Parks Department 2021 Field Rental Rates Briefing Summary 11/19/2020 Exhibit A MASON COUNTY PARKS DEPARTMENT 2021 FIELD RENTAL RATES ORGANIZED YOUTH LEAGUE Use Rate Pro-Rated Based on 2-Hour Practice Practice $ 19.50 $9.75 Per Hour 2-Hour Slot with Field Prep Game $ 33.00 ORGANIZED ADULT LEAGUES: Practice $ 27.50 $13.75 Per Hour Game $ 40.00 TOURNAMENTS: Includes Field Preps Per Field $ 146.00 Full Comple) $ 1 ,020.00 MISCELLANEOUS: Per Hour $ 19.50 DEPOSITS Tier II - two prior payment delinquencies 50% deposit required at time of booking for all scheduled dates Deposit refund if cancelled within 3 months of play 1006/0 If cancelled within 1-3 months of play 50% If cancelled within 30-15 days of play 10% If cancelled within 14-2 days of play 5% If cancelled within 24 hours of play 0 If cancelled by Parks Dept due to weather 100% Tier I - no or one prior payment delinquencies De osit For Local League play payment of $375 deposit due upon acceptance of schedule even for multiple day reservations Payment For Local League play payment due upon receipt of invoice which will be processed every two weeks Pagel De osit For Tournament play payment of $1,005 deposit for one day or $2,010 for two days due upon acceptance of schedule even for multiple day reservations Payment For Tournament play payment of $1,020 for one day or $2,040 for two days is due on the Friday prior to tournament play. The deposit will be rolled forward to next scheduled tournament date for multiple dates scheduled Cleanup Fee Fee charged if field is not returned in condition it was received or cigarette butts or sunflower seeds left on the Synthetic Turf $300 Biohazard Cleanup Fee to remove bodily fluids $450 Supplemental Fees 3.5' X 8' sign on outfield fence $200/yr $350/2 yrs 3.5' X 8' sign on outfield fence in preferred location $375/yr $675/2 yrs Sponsor is responsible for purchasing sponsor banner County Staff will erect and remove banner at the end of the season MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EXT: 279 Environmental Health BRIEFING DATE: 11/30/2020 PREVIOUS BRIEFING DATES: 7/15/2019, 8/5/2019, 12/9/2019, 2/24/2020 If this is a follow-up briefing, please provide only new information ITEM: Water Quality Program EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Continue work around combination of all Shellfish Protection Districts and funding options. At the last briefing, commissioners requested more information on the RCWs and the tax exemptions (see attached). The Hood Canal Coordinating Council has offered to assist in finding a local funding solution if needed. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website,community meetings, etc.) BUDGET IMPACTS: None at this time RECOMMENDED OR REQUESTED ACTION: No formal actions, discuss next steps and what direction the commission wants to take. ATTACHMENTS: RCW sections, existing SPDs, draft single SPD Briefing Summary 11/23/2020 Complete RCW can be found at: https://app.leg.wa.gov/RCW/default.aspx?cite=90.72 RCW90.72.03 --------------------------------------------------------------------------------- Shellfish protection districts—Establishment—Governing body— Programs. legislative authority of each county having shellfish tidelands'within its boundaries is authorized,to establish a shellfish protection district tomclude areas:n' which'nonpoint pollution threatens the water'quality upon which the,continuation or restoration of shellfish farmmgLLor harvestmgis dependent.. The legislative authority shall constitute the governing body of the district and shall adopt a shellfish protection program with elements and activities to be effective within the district. The legislative authority may appoint a local advisory council to advise the legislative authority in preparation and implementation of shellfish protection programs. This program shall include any elements deemed appropriate to deal with the nonpoint pollution threatening water quality over shellfish tidelands, including, but not limited to, requiring the elimination or decrease of contaminants in stormwater runoff, establishing monitoring, inspection, and repair elements to ensure that on-site sewage systems are adequately maintained and working properly, assuring that animal grazing and manure management practices are consistent with best management practices, and establishing educational and public involvement programs to inform citizens on the causes of the threatening nonpoint pollution and what they can do to decrease the amount of such pollution. The county legislative authority shall consult with the department of health, the department of ecology, the department of agriculture, or the conservation commission as appropriate as to the elements of the program. An element may be omitted where another program is effectively addressing those sources of nonpoint water pollution. Within the limits of RCW 90.72.040 and 0.7 .070, the county legislative authority shall have full jurisdiction and authority to manage, regulate, and control its programs and to fix, alter, regulate, and control the fees for services provided and charges or rates as provided under those programs. Programs established under this chapter, may, but are not required to, be part of a system of sewerage as defined in RCW 36.94.010. [ 2008 c 260 1; 2007 c 150 4 1992 c 100 & 2, 1905 c 417 3.1 NOTES: Findings-1992 c 100: "The legislature finds that shellfish harvesting is important to our economy and way of life. Washington state is an international leader in the cultivation and production of shellfish. However, large portions of the state's productive recreational and commercial shellfish beds are closed to harvesting, and more are threatened, because of water pollution. The legislature finds that the problem of shellfish bed closures demands a public policy solution and that the state, local governments, and individuals must each take strong and swift action or this precious resource will be lost. It is the goal of the legislature to prevent further closures of recreational and commercial shellfish beds, to restore water quality in saltwater tidelands to allow the reopening of at least one restricted or closed shellfish bed each year, and to ensure Washington state's commanding international position in shellfish production. The legislature finds that failing on-site sewage systems and animal waste are the two most significant causes of shellfish bed closures over the past decade. Remedial actions at the local level are required to effectively address these problems. The legislature finds that existing entities, including conservation districts and local health departments, should be used by counties to address the water quality problems affecting the.recreational and commercial shellfish harvest. The legislature finds that local action m each watershed where shellfish area harvested,is required to;p[otect Phis vital resource.The legislature hereby.encourages all counties having saltvatertidelands within`their`boundaries to establish shellfish` protection districts and programs.designed toyprevent'any`further degradation and, contamination and"to allow for restoration and reopening of closed sh'ellfishgrowing' xareas:' [ 1992 c 10 J,l RCW90.72.045 --------------------------------------------------------------------------------- Shellfish protection districts—Programs required after closure or downgrading of growing area classification—Annual report. The count gislative authontyf'shall create a shellfish protection district and: establish a shellfish protection program developed, under RCW 90.7Z 030 or an` equivalent program to address the causes or suspected causes of pollution within one; hundred°ei h da 'after the de pa of health, because of v►iater' uali ._r. ...W g tY y p q tY degradation due to ongoing nonpoint sources of polluti"on has closed or downgraded the classification of a recreational orcommercial'shellfish growing'area"within the boundaries of the county: The.county.legislative authority shall initiate iniplementat�on of the shellfshprotection pro gram,within`sixty days after it is established A copy of the program must be provided to the departments of health, ecology, and agriculture. An agency that has regulatory authority for any of the sources of nonpoint pollution covered by the program shall cooperate with the county in its implementation. The county legislative authority shall submit a written report to the department of health annually that describes the status and progress of the program. If rates or fees are collected under RCW 90.72.070 for implementation of the shellfish protection district program, the annual report shall provide sufficient detail of the expenditure of the revenue collected to ensure compliance with RCW 90.72.070. [ 2008 c 25Q 2; 2007 c 150 2i 1992 c 1 Q0 4.l RCW90.72.070 --------------------------------------------------------------------------------- Program financing—Activities not subject to fees, rates, or charges— Collection of charges or rates. The'county legislative authority establishing shellfish protection, istnct4may ,finance the protection program,through (1)4county-tax,revenues, (2) reasonable, inspection fees and.'similar fees for services-provided, (3) reasonable charges o"r rates; specified in its_protectionyprogram,'or (4) federal, state, or private grants;A dairy animal feeding operation with a certified dairy nutrient management plan as required in chapter 9064 RCW and any other commercial agricultural operation on agricultural lands as defined in RCW 36.70A.030 shall be subject to fees, rates, or charges by a shellfish protection district of no more than five hundred dollars in a calendar year. Facilities permitted and assessed fees for wastewater discharge under the national pollutant discharge elimination system shall not be subject to fees, rates, or charges for wastewater discharge by a shellfish protection district. ,Lands classified as forestland under,,chapter 643 -RCW,and timberland under chapter 34.34 RCW:shall not be subject to fees, rates, or'charges Eby a shellfsh protection district Counties:may collect charges or,rates in the manner determned;by the'county legislative authority [ 006 c 250 3° 1 c 00 6; 965 c 4'i T 7. «_ .. Exhibit A: Existing Shellfish Protection [Clean Water] Districts Lower HC• r' Big Bend �c r North Bay � McLane C Anras Bay Oakland Bad71 :? t ' Totten LS , Exhibit B: Proposed Mason County Clean Water District p i t 3 3 3 I y V - 3 � F �? 3 S 53 i 4 F7� �E4 3 � 4 ` ` v 3 tt44 � a MASON COUNTY PUBLIC WORKS November 30, 2020 COMMISSIONER BRIEFING & BELFAIR WORKSHOP WORKSHOP 10:30— 11:00 Belfair Sewer Project Update—Michael Lubovich, Kennedy-Jenks 11:00— 11:45 Belfair Transportation Update WSDOT Freight Corridor—Michelle Tragesser, WSDOT Romance Hill—Ian Lee, Skillings Log Yard Road—Mike Collins BRIEFING AND DISCUSSION 11:45 — 12:00 Briefing Items • Public Works Facility HVAC Control Upgrade • Set Hearing for Tuesday, January 5, 2021 @9:15am for Franchise renewal with Sunrise Beach Water System Discussion Items • Filled vacant Road Operations &Maintenance Supervisor position —Promoted Bryan Chrisman • Fill Operator position Commissioner Follow-Up Items Upcoming Calendar/Action Items Attendees: Commissioners: Public Works: Other Dept. Staff: Public: _Randy Neatherlin _Loretta Swanson _Kevin Shutty _Mike Collins _Sharon Trask _Richard Dickinson _Other(list below): MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: November 30, 2020 PREVIOUS BRIEFING DATES: October 5, 2020 If this is a follow-up briefing, lease provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: HVAC Control upgrade— Public Works Facility EXECUTIVE SUMMARY: Public Works briefed Commissioners in October requesting authorization to procure bids to upgrade the Public Works Facility HVAC control system. Commissioners asked staff to come back with bidding documents for the Board to review before approval to move forward with the project. We presently rely on a service technician to troubleshoot and address system problems. Installing the proposed system upgrades/modifications provides local control features that we estimate will save approximately $9— 10,000-annually in-service calls. The upgrades/modifications to the system will greatly reduce the number of service calls occurring each year, stabilize temperatures, and improve energy efficiency to some degree. Public Works proposes to utilize the Master Intergovernmental Cooperative Purchasing Agreement between Mason County and OMNIA Partners to piggyback contracting with Schneider Electric. By using OMNIA's competitively solicited contract with Schneider Electric, the County saves time and money in contract production and advertisement. Attached are the OMNIA Partners contract with Schneider Electric along with the Schneider Electric proposal summary to modify the existing Public Works facility HVAC control system and replace the KCM graphics user interface with a Honeywell Web-based interface. BUDGET: The proposal from Schneider Electric has a base price of$98,282.05 with an added option for point- to-point testing (testing of the new system) for $17,583.81. Total for the project would be $115,865.86 plus tax. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize Public Works to use the OMNIA Partners competitively awarded contract with Schneider Electric (Contract R170602) to provide programing and control modifications to the existing Public Works HVAC KMC system and allow the Public Works Director to sign the contract agreement between Schneider Electric and the County. Attachment: 1. OMNIA Partners Contract R170602 2. Proposal Summary/Contract Region 4 Education Service Center Contract R170602 For Facility Technology Integration with Schneider Electric Effective: July 1, 2017 The following documents comprise the executed contract between the Region 4 Education Service Center and Schneider Electric effective July 1, 2017: I. Signed Offer and Acceptance II. Response to the RFP o RIFF' 17 ► ��c *j'7,,,e al gnt� to®n w b .0 Vendor m7cract L. Sagra aure corm i Schneider Copyright:©SE-All rights reserved O El e c t r i c VENDOR CONTRACT AND SIGNATURE FORM This Vendor Contract and Sianature Fnrm ("Contract') is made as of 2=14-17 2017, by and between Schneider Electric and Region 4 Education Service Center(`Region 4 ESC') for the purchase of Facility Technologylntegrafion:. RECITALS WHEREAS,, both parties agree. and understand that the following pages will constitute the .contract between the successful.vendor(s).and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092.. WHEREAS, Vendor agrees to include, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that; if agreed to by Region 4 ESC, said exceptions or deviations will be incorporated into'the final.contract"Vendor Contract." WHEREAS, this contract' consists of the provisions set forth below, including provisions of all attachments referenced herein. In the.event of a conflict between the provisions set forth below and those contained in.any attachment;.the provisions set forth below shall control. WHEREAS, the.Vendor Contract will provide that any state; county, special district, local.government, school district, private. K-12 school, technical or vocational school, higher education institution (including,community colleges, colleges and,universities, both public:and.private); other .government agencies or non-profit organization may purchase products and services at prices: indicated in the Vendor Contract upon registering and becoming a member with TCPN; and it being further understood that Region 4 ESC shall act as the Lead Public Agency with respectto all such purchase agreements.. WHEREAS, TCPN has the administrative and legal capacity to administer purchases on behalf of Region 4 ESC under the Vendor Contract with participating public agencies and..entities,.as permitted by applicable law. ARTICLE'1-GENERAL TERMS AND CONDITIONS 1.1 TCPN shall be afforded all of the rights, privileges and indemnifications afforded. to Region 4 ESC under the Vendor Contract, and such rights, privileges and indemnifications shall accrue and apply With equal effect.to TCPN; including, without limitation, Vendors obligation to provide.insurance and other indemnifications'to Lead Public Agency. 1.2 Awarded vendor shall perform all duties, responsibilities and obligations,.set forth.in this agreement, and required under the Vendor Contract. 1.8 TCPN shall perform its duties, responsibilities:and obligations as administrator of purchases,set forth, in this agreement, and required under the Vendor Contract. 1.4 Purchasing procedure: • Purchase orders. are: issued by participating. governmental agencies to the awarded vendor' indicating on the PO "Per.TCPN. Contract#R " • Vend.or delivers goods/services directly to the.participating agency. • Awarded vendor invoices the participating agency directly. • Awarded vendor receives payment directly from.the participating agency: • Awarded vendor reports sales monthly to TCPN. Page 15.0157 1.5 Customer Support: The vendor shall provide timely and accurate technical advice and sales support to Region. 4: ESC staff, TCPN. staff and participating agencies. The vendor: shall respond to such requests within one (1) working day after receipt.of the request. ARTICLE 2-ANTICIPATED TERM OF AGREEMENT 2.1 Unless otherwise stated all contracts are for a period of three(3)years with an optionto renew annually for an additional two.(2) years if agreed to by Region 4 ESC, .Region 4 ESC will notify the vendor in Writing 'if the contract is extended. Awarded vendor shall honor all administrative fees for any sales made based on the contact whether renewed or not. 2.2 Region 4 ESC shall review the contract prior to the renewal date and notify the current.awarded vendor;. no !less than ninety (90) days of Region 4 ESC's intent renew the contract: Upon receipt of notice,. awarded vendor must notify Region 4 ESC if, it elects not:to renew. Awarded'vendor shall honor the: administrative fee for any sales incurred throughout the life of the contract on:any sales made_ based: on a Region:4 ESC.contract whether awarded a renewal or not. Region 4 ESC reserves the right to exercise each two-year extension annually. ARTICLE 3 REPRESENTATIONS AND COVENANTS: 3A. Scope:This contract is based on the need to provide the economic benefits.of volume purchasing and reduction in. administrative costs through cooperative purchasing to schools and other members. Although .contractors may restrict sales to certain public units (for example, state agencies. or local government units), any contract that prohibits sales from being made to public school districts may not. be considered. Sales without.restriction to any Members are preferred. These types of'contracts are commonly referred to as being "piggybackable". 3.2,. Compliance: Cooperative. Purchasing Agreements between TCPN and its Members have been established under state procurement law. 3.3:. Offeror's Promise: Offeror agrees all ;prices,.terms;.warranties,. and benefits granted by Offeror to: Members through.this contract.are comparable to or better than the equivalent terms offered,by Offeror to.any present customer meeting.the.same_qualifications or requirements.. ARTICLE 4-FORMATION OF CONTRACT 4.1. Offeror Contract 'Documents_ Region 4 ESC will review proposed offeror contract: documents. Vendor's contract:document shall not;become part of Region 4 ESC'scontract with.vendor.unless an...d until an authorized representative of Region 4.ESC reviews and approves it. 4.2:. Form of Contract::The form of contract for this solicitation shall be the Request for Proposal, the awarded proposal(s) and best and final offer(s), and. properly issued and reviewed purchase orders referencing the requirements of the Request for Proposals: if a.firm submitting an offer requires Region 4 ESC and/or Member to sign an additional agreement, a copy of the proposed agreement must be included with the proposal. 4.3. Entire.Agreement (Parol evidence): The contract, as specified above, represents the final'written' expression of agreement. All agreements are contained :herein and no other agreements or representations that materially alter it.are acceptable. 4.4.Assignment of Contract.No assignment of contract may be made without the prior written approval of Region 4 ESC.Purchase orders and payment can only be made to awarded vendor unless otherwise approved by Region 4 ESC. Awarded vendor is required to notify Region 4 ESC when any material change in operations is made that may adversely affect members (i.e, bankruptcy; change of ownership, merger, etc.). Page 16-of 157 4.5. Novation: If contractor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor in interest must guarantee to perform all obligations, under this contract. Region 4 ESC reserves the right to accept or reject any new party. A simple change of name, agreement will not change the contractual obligations of contractor. 4..6. Contract Alterations: No alterations to the terms of this: contract shall be valid or binding unless authorized and signed by a Region 4 ESC staff member. 4.7..Order of Precedence' In the event of a conflict in the provisions of the contract as accepted by Region 4 ESC,the following order of precedence shall prevail: • Special terms and conditions • General terms and conditions • Specifications and scope of work © Attachments and exhibits • Documents referenced or included in the solicitation 4.8 Suppiemental Agreements: The .entity participating in the Region 4 ESG- contract and awarded vendor' may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery., etc. Any supplemental: agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. Neither Region 4 ESC, TCPN,, its agents, members and employees shall be made party to any claim for breach of such agreement. 4.9 Addinq authorized distributors/dealers:Awarded vendors are prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal,,to sell under their contract award without notification and prior written approval from TCPN..Awarded vendors must notify TCPN each time it wishes to. add an authorized distributor or dealer. Purchase orders and payment can only be made to awarded vendor unless otherwise approved by TCPN. Pricing provided to members by added..distributors or dealers must also be less than or equal to the pricing.offered by the awarded contract holder, unless otherwise approved by TCPN. ARTICLE 5-TERMINATION OF CONTRACT 5.1. Cancellation for Non-Performance or Contractor Deficiency: Region:4 ESC may terminate any contract if Members have not used the contract, or if purchase volume is determined to be low volume. in any 127month period: Region 4 ESC reserves the right to cancel the whole or any part of this contract. due to failure by contractor to carry out any obligation,term or condition of the contract. Region 4 ESC may issue a written deficiency notice to contractor for acting o.r failing to actin any of the following: i. Providing:material that does not meet the specifications of. the contract; ii. Providing work.and/or material that was not.awarded under the contract; iii. Failing.to adequately perform the services.set forth in fhe scope of work and specifications; iv. Failing to complete required work or furnish.required materials within a reasonable amount of time; V. Failing to make. progress in performance of the contract and/or giving Region 4 ESC reason to believe that contractor will not or cannot perform the requirements of the contract;and/or vi. Performing work or providing services, under the contract prior to receiving an authorized. purchase order from Region 4.ESC or participating member prior to such work Upon:receipt of a written deficiency notice, contractor shall have ten (10)days to provide a satisfactory response to:Region 4 ESC: Failure to.adequately address all issues of concern may result in contract cancellation. Upon cancellation.under this paragraph; all goods, materials;work, documents,data and reports prepared by contractor under the contract.,shall become the property of the Member on demand.. 5.2 Termination for Cause: If, for any reason, the.Vendor fails to fulfill its obligation in a timely manner, or if the vendor violates any of.the covenants, agreements, or stipulations. of this contract Region 4 ESC reserves the right to terminate the,contract immediately and pursue all other applicable remedies afforded by law.Such termination shall be effective by delivery of notice, to the vendor, specifying the effective date of termination. In such event,. all documents, data, studies, surveys, drawings, maps, Page 17 of 157 models and reports prepared by vendor for this solicitation may become the property of the participating agency or:entity. If such event does occur then vendor will be entitled to receive just and equitable. compensation for the satisfactory work completed on such documents. 5.3 Delivery/Service Failures: Fa..ilure to deliver goods or services within the time.specified., or within a reasonable time: period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the contract to be terminated. In the event that the participating agency or entity must,purchase in an open market; contractor agrees to reimburse the participating agency or entity, within a reasonable time period, for all expenses incurred. 5.4 Force Majeure: If by reason of Force Majeure,.either party hereto shall be:rendered unable wholly or in part to carry out its obligations: under this Agreement then such party :shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event:or cause relied upon, and.the obligation of the'party giving:such notice, so.faras it is affected by such Force Majeure,shall:be during:the continuance of the inability then claimed,except as hereinafter provided; but for no longer period, and such party shall.endeavor to remove or overcome such inability with all reasonable dispatch: The term Force. Majeure as employed herein; shall mean acts of God; strikes-, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil.or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake;fires; hurricanes; storms;floods;washouts; droughts;.arrests; restraint of government and people;civil disturbances;explosions; breakage or accidents to machinery,pipelines.or canals,or other causes not reasonably within the control:ofthe party claiming such inability, It is understood and agreed: that the settlement of strikes and lockouts shall bet entirely within the discretion of the party having the difficulty, and that.the above requirement that any Force Majeure,shall be"remedied.with all reasonable dispatch shalt,not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. 5.5 Standard Cancellation: Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days.after the other party receives.the.notice of cancellation. After the 30.th. business day all work will cease following .completion of .final purchase order.Vendor.may:be requested to provide additional items not already on contract at any time. ARTICLE 6-:LICENSES. 0.1 Duty to keep current license: Vendor shall maintain in. current status all federal, state and Local licenses; bonds and permits required for the operation of the business conducted by vendor. Vendor shall remain fully informed of and in compliance with,all ordinances and regulations pertaining to the lawful provision of services. under the,contract. Region 4 ESC reserves the right to.stop work and/or cancel.the contract:of any vendor whose license(s) expire, lapse, are.suspended or terminated. 6.2 Survival Clause; All applicablesoftware license agreements, warranties or service agreements that were entered into between Vendor and Customer under the terms and conditions of the Contract shall survive the expiration or termination. of the Contract. All Purchase Orders issued and accepted by Order Fulfiller shall survive expiration:or termination of the Contract: ARTICLE 7=DELIVERY PROVISIONS 7.1 Delivery: Vendor shall: deliver said materials purchased on this. contract to the Member issuing a. Purchase Order. Conforming product shall be shipped within. 7 days of'receipt of Purchase Order. If ;- delivery is not or cannot:be made,within this time period the vendor must receive authorization from the purchasing agency for the delayed delivery. At this point"the participating entity may cancel the order if estimated shipping time is.not acceptable. .Page 1.8 of 157 7.-2 Inspection &Acceptance: If defective or incorrect material is delivered, purchasing agency.m.ay make the determination to return the material to the vendor at no cost to the purchasing.agency.The vendor agrees to pay all shipping costs for the return shipment. Vendor shall be responsible for arranging the return of the defective.or incorrect material. ARTICLE 8-BILLING AND REPORTING 8.1 Payments: The entity using the contract will make payments directly to the awarded vendor.. Payment.shall be made after satisfactory performance, in accordance with all provisions.thereof, and upon receipt.of a properly completed invoice. 8.:2, Invoices;' The awarded vendor shall submit invoices to the participating entity clearly stating "Per TCPN Contract" The shipment tracking number or pertinent information for verification shall be made available upon request. 8,3 Tax Exempt Status: Since this is a national :contract; knowing'the.tax.laws in each state is the sole responsibility of the vendor. 8.4 ,Reporting The awarded vendor shall provide TCPN with an electronic accounting report, in a format prescribed by TCPN, on a monthly basis summarizing all contract Sales for the applicable month. Reports of Contract:Sales.for Region 4 ESC and member agencies in each calendar month shall be provided by awarded vendor to TCPN by the 1011 day of the following month, If there are no sales to report,.Vendor is still required to communicate that information via email.. Failure to provide a monthly report of the administrative fees within the time and manner specified. herein shall constitute a material breach of this.contract and if not:cured within thirty(30)days.of written to Supplier shall be deemed a.cause for termination of the contract at Region4 ESC's sole discretion. ARTICLE 9- PRICING. 9.1 Best price guarantee: The awarded vendor agrees to provide pricing. to Region 4 ESC and its participating entities that are the lowest pricing available and the pricing shall remain so throughout the duration of the contract. Pricing offered to Federal government buying consortiums for goods_and services is exempt from this requirement. The awarded vendor, however; agrees to lower the cost of any product purchased through TCPN following a reduction in the manufacturer or publishers direct cost. 9.2 Price increase: Should it become necessary or proper during the term of this contract to make any. change in design or any alterations that will increase: expense. Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services,:beyond the amount stipulated in.the contract,shall be paid without prior approval., All price increases must: be supported.by manufacture documentation, or a formal cost justification. letter: Awarded vendor must honor previous prices for thirty(30),days after approval and written notification. from Region4 ESC if'requested. It is the.awarded vendor's responsibility to keep all pricing up to dateand on file with Region 4 ESC. All.price changes must be provided to Region 4 ESC, using the same format as was accepted in the. original contract. 93 Additional Charges:All deliveries shall be freight prepaid,, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated.in writing. Page 19 of 157 9.4 Price.reduction and adjustment: Price reduction may be offered at any time during contract and shall become effective upon notice of acceptance from Region 4 ESC. Special, time-limited reductions are permissible under the following conditions: 1)reduction is available to all Members equally;2)reduction is for a specific time period, normally not less than thirty (30) days; 3) original price is riot.exceeded after the time-limit; and 4) Region.4 ESC has approved the new prices prior to any offer of the prices to a Member..Vendor shall offer Region 4 ESC any published price reduction during the contract period. 9.5 Prevailing Wage: It shall be the responsibility of. the Vendor to comply, when applicable, with the prevailing wage legislation.in effect in the jurisdiction of the.purchaser.(Region 4 ESC or its Members): It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the. term of this.contract and adjust wage rates accordingly. 9.6 Administrative Fees:All pricing submitted to Region 4 ESC shall include the administrative fee to be remitted to TCPN by the awarded vendor. The awarded vendor agrees to pay 4%administrative fees monthly to TCPN:Administrative fees must be paid net 30 days aftei TCPN acceptance of the vendor's monthly report. ARTICLE 10-.PRICING AUDIT 10.1 Audit rights: Vendor shall, at Vendor's sole expense, maintain appropriate due diligence of all. purchases made by Region 4 ESC and any entity that utilizes this Agreement. TCPN.and Region 4 ESC each reserve the right to audit the accounting for a period of three (3) years from the time such purchases are made.This audit right shall survive termination.of this Agreement for a period of one(1) year from,the effective date of termination. In the State of New Jersey,, this audit right shall survive termination.of this Agreement for a period offive.(5)years from the.date of final payment: Such records shall be made available to the New Jersey Office of the State Comptroller upon request. Region 4 ESC shall have the authority to conduct random audits of Vendor's pricing that is offered to eligible entities at Region.4 ESC's sole:cost and.expense. Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered.to eligible agencies.that is materially inconsistent with the:pricing under this.agreement, Region 4 ESG.shall have the ability to conduct an extensive audit.of Vendor's pricing at Vendor's sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third-party auditing firrh. In the event of an audit, the requested materials shall. be provided in the format and at the location designated by Region 4 ESC or TCPN. ARTICLE 11- OFFEROR PRODUCT LINE REQUIREMENTS 11.1 Current products: Proposals shall be for materials and equipment in current production and marketed to the general public and education/government agencies at the time the proposal is submitted. 11:2 Discontinued products: If a product or model is discontinued by the manufacturer, vendor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinuedmodel.and if the discount is°the same or greater than the discontinued model. 11.3: New products/Services: New products and/or services that meet the scope of work may be added.to the contract Pricing shall be equivalent to the percentage discount for other products. Vendor may replace or add product lines to an existing contract if the line.is.replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted,in a'similar or to a greater degree,.and if the products meet the requirements of the solicitation. No products and/or services may be added to avoid competitive procurement requirements..Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service..Region 4 ESC may reject any additions without cause.. 11 A Options:Optional equipmentfor products under contract may be added to the.contract at thetime they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2)the option is.an enhancement to the unit that improves'performance or reliability. 11.5 Product line:Offerors with a published catalog may.submit the entire catalog. Region 4 ESC reserves. the right to select products within the catalog for award,without having to award all contents. Region 4 ESC may reject any addition of equipment options without cause. Page 20 of 157 11.6 Warranty conditions: All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing. 11.7 Buy American requirement: (for New Jersey and all.other applicable States) Vendors may only use unmanufactured construction material rained or produced in the United States, as required by the Buy American Act.. Where trade agreements apply, to the extent permitted by applicablel law, then uninanufactured construction material,mined or produced in a designated.country may also.be used.. Vendors are required to check state specific requirements to ensure compliance.with this requirement:. ARTICLE 12-.SITE REQUIREMENTS 12.1 ;Cleanup Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed.by Member. Upon completion of the work,.the_premises shall be left in good repair and an orderly, neat, clean.and unobstructed condition.. 12.2 Preparatlon:Vendor shall not begin.a project for which Member. has not prepared the site, unless vendor does the preparation work at no cost, or until Member includes the.cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring_ for networks or power;and similar pre4rista.11ation requirements. 12.3. Registered sex offender restrictions: For work to be performed at schools; vendor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender Will. perform work at any time when. students are or are reasonably expected to be present. Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of-the purchase order at the Member's. discretion:. Vendor must identify any additional: costs associated with compliance of this.term. If no costs are specified, compliance with this.term will be provided:at no additional charge. 12.4 Safety measures' Vendor shall take all reasonable precautions for the safety of:employees on the worksite, and shall erecf,and properly maintain all necessary,safeguards for protection of Workers and the public, Vendor shall:post warning signs against all hazards.created by its operation and work in progress: Proper precautions shall be taken pursuant:to state law and standard practices.to protect: workers, general.public and existing structures from injury or damage.. 12.5 Smoking: Persons working under the contract shall adhere to local smoking policies. Smoking will only be permitted in.posted areas.or off premises.. 12.6 Stored materials: Upon.prior written agre.ement:between the"vendor and Member, payment.may be made for materials not incorporated:in.the work but.delivered and suitably stored at the site or some other location, for installation at a later date. An'inventory of the stored materials must be provided to Member prior to payment; Such materials must.be stored and protected in a secure location; and be. insured for their full value by the vendor against loss and damage Vendor agrees to provide'proof of coverage and/or addition of Member as an additional insured upon Member's request. Additionally, if stored offsite, the materials must also be clearly identified as property of buying Member and be separated from other materials..Member must be;allowed reasonable opportunity to inspectand take: inventory of'.stored materials, on or offsite,as necessary. Until.final:acceptance by the Member,It shall be:the Vendor's responsibility to protect all,materials and: equipment. The Vendor Iwarrants and guarantees'thattitle for all work, materials and equipment shall pass to the Member upon final acceptance. .ARTICLE 13-MISCELLANEOUS 1.3A Funding Out Clause: Anylall.contracts exceeding one:.(1) year shall include a standard "funding out" clause. A:contract for the acquisition, including lease; of real or personal property is a commitment.of the entity's current, revenue only, provided: the contract contains either or both of the following provisions: "Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on,a best efforts attem t b the entity to obtain p 9 p .y y appropriate funds for payment of the contract." Page,21 of 157 13.2 Disclosures Offeror affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity,future employment,gift, loan,gratuity,special discount,trip, favor, or service to a public servant in connection with this contract. Include a complete description of any and all relationships that might be considered a conflict;of interest in doing business with participants:in TCPN. The Offeror affirms that,.to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion.with anyone to obtain information or gain any favoritism that would in any way limitcompetition or give an,unfair advaritage_over other vendors in the award of this contract. 13.3 Indemnity: The awarded vendor shall protect, indemnify., and hold:harmless both Region 4 ESC.and. TCPN and.its participants, administrators, employees and agents against all claims, damages, losses, and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and:the later execution of the contract, including any supplemental agreements with members. Any litigation involving either Region 4 ESC or TCPN, its administrators and employees and agents will be in Harris County, Texas. Any.litigation involving TCPN members shall be in the jurisdiction of the participating agency. 13.4 Franchise Tax:The Offeror hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes. 13.5 Marketinq: Awarded vendor agrees to allow Region 4 ESC/TCPN to use their name and logo within website, marketing materials and. advertisement..Any use. of TCPN name and logo or,any form of publicity, inclusive of press releases, regarding this contract by awarded vendor must: have: prior .approval.from TCPN. 13.6 Certificates of Insurance:Certificates of insurance shall be delivered to the Region 4 ESC participant prior to commencement of work..The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days' notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage:as specified. 13.7 Legal Obligations: It is the Offeror's responsibility to be aware of and comply with all local,state,and federal laws governing the sale-of products/services identified in this RFP and any awarded contract and shall comply with all`while fulfilling the RFP.Applicable laws and regulation must be followed even. if not specifically identified herein. 13.8 Open Records Policy: Because Region 4 ESC contracts are awarded by a governmental entity, responses submitted are subject.to release as public information after contracts are.executed. If a, vendor believes that its response, or parts of its. response, may be exempted from, disclosure, the vendor must specify page-by-page and line-by-line the parts of the response, which it believes are exempt. In addition. the Offeror must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Offeror must provide this information on the "Acknowledgement and Acceptance to Region 4 ESC's Open Record Policy" form found at the beginning of this solicitation: Any information that is unmarked Will be considered public information and released, if requested.under the Public Information Act. The determination of whether information is confidential and.not subject to disclosure is the duty of the Office of Attorney General (OAG).. Region 4 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the Offeror are .not acceptable. Region 4 ESC' must comply with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf'of any vendor... Offeror are advised to consult with their legal'counsel concerning disclosure issues:resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. After completion of award,these documents will be available for public inspection. Page 22 of 157 VENDOR CONTRACT SIGNATURE FORM The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this proposal in collusion with any other Offeror and that the contents of this proposal as to prices, terms, or conditions of said proposal have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal. Prices are guaranteed: 120 days Company name Schneider Electric Address 1650 West Crosby Rd City/State/Zip Carrollton, Tx 75006 Telephone No. 972-323-1111 Fax No. 972-245-0996 Email address Pat.Cowart@schneider-electric.com Printed name Pat Cowart Position with company Branch Manager Authorized signature T j� Accepted by The Cooperative Purchasing Network: Term of contract�- 2-Orl to lu,vi e 3 O. 20 Z O Unless otherwise stated,all contracts are for a period of three(3)years with an option to renew annually for an addition o )years if agreed to by Region 4 ESC and the awarded vendor.Awarded vendor shall honor adm' istrative fees for any sales made based on a contract whether r ewed or not. T � Region 4 ESC A thorized Board Member Date Q Print Name AA 1)1).1,4 Re i 4 Au o ized oard a ber ate V71 - ri t Na I TCPN Contract Number Appendix B: PRODUCT/SERVICES SPECIFICATIONS Page 23 of 157 '� I Region.4 Education Service Center,(ESC 4)is seeking highlyqualified vendor for Facility Technology_ Integration on a national. basis. Offerors must be able to accommodate a. nationwide demand for products/services and to fulfill obligations as a nationwid"e Supplier. Vendor(s)shall, at the request of .Region 4 ESC and/or TCPN members, provide these covered products and.associated services under the terms.of this RFP and the CONTRACT TERMS AND CONDITIONS. The intent of this solicitation is to establish.a.contract for:a.comprehensive product. offering.with the :ability to provide eligible public agencies with. multiple solutions to meet their needs. Therefore, Offerors are encouraged to offer their complete catalog and services including but not limited to the :following categories: The Vendor(s)shall furnish all necessary assessments, evaluations, labor, material,tools,supplies, equipment, transportation;:_supervision, management, and training and shall perform.all operations necessary. and required to complete the Facility Technology Integration program. All work shall be performed in accordance with the requirements set forth in the resulting contract and mutually agreed upon work request or purchase order issued by Region 4 ESC and/orTCPN member. Statement of Work FACILITY TECHNLOGY INTEGRATION: Includes, but is not limited to, the comprehensive integration of building systems and technology using anon-proprietary and open. architecture. 'Building systems to be,integrated include: • building.automation: • life safety • telecommunications: • facilities management • security • energy-and-environmental control �HVAG-� o lighting a building envelope • access control power management cabling infrastructure/wireless: • VOIP video:distribution video surveillance • data.network • any others;.etc_; Typical integration functions:include, but are not limited to;_ • require"ments analysis strategic systems planning. • system configuration • implementation alternatives • integration planning •. system:component.acqui.sition component integration testing and analysis. • interaction with Building Operations Centers collection/manipu.l.ation'of smart building componentdata configuration management and control:review • design-guide development operational training and support monitoring reporting -managing of the systems Page 24 of 157 training of personnel and systems maintenance Proposal submitted in.'response to this RFP will. address', at a minimum,the areas defined above:as Facility Technology Integration. Because of the wide-ranging scope of Facility Technology Integration Programs the primary. vendor(s)will provide the complete program through,in-house capability or outsourcing. The primary vendor(s) is solely responsible for the completion of the Facility Technology Integration Program and for any warranty services. Prior to issuing at ontract for outsourcing Facility Technolog.y.integration work,,the primary,vendor will provide the Scope of Work to. be accomplished and a fully burden price for the performance of the work to the agency for approval. Outsourcing Vendors must meet all requirements of a Vendor'to work on.a school orgovernment facility. PRICING OF FACILITY TECHNOLOGY INTEGRATION work shall be based upon, depending on the situation, the following schedule(s) or a combination thereof; © Major iterhs of equipment purchased and installed by your company showing manufactures'.catalog price along with the discount off list price • Fully Burden Billable Labor Rates by Classification • AS an option pricing may be a.discount off the City Cost Index when using one of the following: RS Means Facilities Construction Cost Data book RS Means Electrical Cost Data IRS. Means Mechanical Cost Data r Related Services t Offerors shall submit auditable pricing for any and all services offered as indicated in Appendix C of this RFP Ordering Capabilities Offerors that have retail stores shall have.-appropriate procedures in place to:ensure contract pricing on all product lines to member agencies. Offerors shall include ancillary and freight costs and pricing for orders placed outside Continental US Product/Price Updates New products/services may be added during the term of the:contract upon.,written request providing it is within the original scope of this RFP. All requestsare subject to review and approval by.Region 4 ESC. At no time is the Supplier allowed to unilaterally change products or pricing. Vendors shall be responsible for notifying Region.4 ESC of all obsolete and:discontinued products in writing and in a. timely manner: It is the Vendor's responsibility to provide Region 4 ESC with an up-to-date price list for the duration of the contract. Page 25 of 157 Azpendix C: PRICING Electronic Price Lists Offerors shall provide a price in the format of a percentage discount off a current list price. Offerors may submit discounts for various manufacturers. Discounts will remain firm and will include all charges that may be incurred in fulfilling requirement(s).. Offerors are encouraged"to:offer additional discounts.for one time delivery:of large single orders to Region 4 ESC:and member agencies. Region 4 ESC and or member agencies should seek,. to negotiate additional price.concessionsba5ed on quantity pu.rchas.es. of any products offered= underthe Contract. Members shall_document their files accordingly. • Awarded Vendor(s) may conduct sales promotions involving price: reductions for. a:specified lesser period. Vendor(s) shall.submit to Region 4 ESC documentation identifying.the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then-authorized;prices. Promotional prices shall be available to.Region 4 ESC:and i all member agencies. • Offerors must submit products, services,warranties, extended warranties, etc. in price list. Page 26 of 157 o Customization charges shall be clearly identified when applicable. o Offeror must submit restocking and refund procedures and related fees.. Prices listed will be used to establish the extent of a manufacturer's product lines, services, warranties, etc. that are available from a offeror and the pricing per item. o For line item pricing, electronic price list must contain manufacturer part#, vendor part# (if different from manufacturer part#); description; manufacturers list price and net cost to Region 4 ESC (including freight): Media submitted for price list must include the Offerors' company name, name of the solicitation, and date on Flash.Drive (i.e. Pin or Jump Drives). Please submit price lists and/or catalogs in excel or delimited format only. Not to Exceed.Pricing • All pricing submitted shall be "minimum discount ceiling" or"not-to-exceed" pricing. Region 4 ESC requests pricing be.submitted as not to exceed for any participating entity. • Unlike fixed pricing the awarded.vendor can adjust submitted pricing lower if needed but, cannot.excee.d original pricing.submitted for solicitation. Cost plus a percentage off as a primary pricing mechanism is not acceptable. © Vendor must allow for lower pricing to be available for similar product and service.purchases. Appendix,.D: GENERAL TERMS & CONDITIONS ACCEPTANCE FORM Signature on Vendor Contract Signature form certifies complete acceptance of the General Terms and Conditions in this solicitation, except as noted below(additional pages may be attached, if necessary). Check one of the following responses to the General Terms and Conditions: ❑ We take no exceptions/deviations-to the general terms and.conditions (Note:If none are listed below, it is understood thatno exceptionsldeviations are taken.) We take the following exceptions/deviations to the general terms and conditions.. All exceptions/deviations must be clearly explained. Reference the corresponding general terms and conditions that you are taking exceptions/deviations to. Clearly state if you are adding additional.terms and conditions,to the general terms.and conditions.Provide details on your exceptions/deviations below: (Note: Unacceptable exceptions shall remove your proposal from consideration for. award. Region 4 ESC shall be the sole judge on the acceptance of l exceptions/deviations and the decision shall be tinaL) Page 27 of 157 Section/Page Term, Condition, or Exception/Deviation Region 4 Specification Acce is Within this section of the response, we are requesting that one section of the agreement be amended in.a manner that is still protective'of the TCPN organization, TCPN membership, and also supportive of Schneider Electric. Specifically a.s it relates to section 13.3,. Indemnity, we would:request. ...........: Add to the end "..Neither party shall be liable to the other for any special; indirect incidental. or consequential damages whatsoever, including, but not limited to.claims of lost profits,or loss,of use:The remedies of TCPN and its members set forth, herein are exclusive where so stated and the total cumulative liability of Vendor with respect to this agreement or anything done in connection therewith..shall`not.exceed the purchase order contract price;.excluding any claim based upon he gross negligence or intentional misconduct of Vendor."' In many instances throughout our current contract, the TCPN members soliciting services have found this type of amendment to be acceptable. Additionally, TCPN remains protected and the membership traditionally has additional contractual language that ensure protection of their business. AMregron4c �' l The cooperative Purchasing .Network Vendor Contract Launch Vendors must commit, to attending a contract launch meeting with a member of the Business Development Team should they be awarded a contract with Region 4 ESC through this RFP. Vendor contract launches are meant to establish a.good relationship with awarded vendors and help,to ensure compliance and effective administration over the life of the contract. It is highly recommends that the individuals who will handle contract management, reporting and marketing are in attendance: If awarded,please provide contact information for.scheduling: Schneider Electric Vendor Shawn Hanrahan Point of Contact Sales Manager Title 97.2-323-3008 Page 28 of 157 Phone Number Shaven.Hanrahan@schneide.r-electric.com EmaiI.Address Signature: -4 �- Date: 2-14=17 Page 29 of 157 3�O Company Pr ffle 1.. This response is being provided. by Schneider Electric Buildings Americas 2. Brief History:. Schneider Electric is a global company;specializing in building solutions. Our .organization is both a manufacturer and a systems integrator for a. variety of services; 811 of which are listed in this solicitation. The company has grown over the years to a global provider and manufacturer of several building systems including popular brands such as TAC, Andover Controls, Square D, APC, Integral Technologies, Pelco, and Invensys. .3. D&B. Number 54605530 4. Corporate Location Schneider Electric. Buildings Americas 1650 W. Crosby kd. Carrollton, TX '75006 5. Sales Staff: Location TY Location. TY Alabama 1 Florida 2. Alaska 1 Georgia .2. Arizona 5 Hawaii 1 Arkansas 3 Idaho 2 California 20 Illinois 11 Colorado 2 Indiana. 2 Connecticut 4 Iowa Delaware 2 Kansas 1 DC 9 Kentucky 1 Louisiana 3 Mississippi 1 Maine 2 Missouri 1 Ma land 1 Montana 1 Massachusetts 8 Nebraska 1 -Michigan, 1 Nevada _ 11 Minnesota 1 New Hampshire 2 New Jersey 25 N Carolina 18 New Mexico 2 N Dakota I New York 25 Ohio 10 Oklahoma. 3 Rhode Island 1 ..._... .... .-Oregon 1 S. Carolina, 18 -Pennsylvania 5 S.Dakota t 1 Tennessee 2 Texas 75 Utah 2 Vermont 1 xf Virginia 8 Washington 1 W Virginia 1 Wisconsin 1 -Wyoming 1 American Samoa Schneider Copyright©SE-All tights reserved O E l e c t r i c Federated States of * Guam Micronesia '.Midway Islands * Northern Marina Islands Puerto Rico 1 US Virgin Islands *Means this area is supported by a. remote employee. 6. Locations: Due to the Lumber of locations Schneider Electric employees regional and national directors that are geographically located based upon the provided map. These individual represent the overall. offering portfolio that Schneider Electric is providing as a part.of this agreement. Location QTY Location PITY Alabama * Florida 1 Alaska * Geor is Arizona 1 Hawaii Arkansas * Idaho 1 California 2 Illinois 1 Colorado- * Indiana Connecticut 1 Iowa Delaware * Kansas' DC 1 Kentucky t Louisiana 1 Mississippi Maine * Missouri 1 Maryland * Montana Massachusetts 11 Nebraska 1 Michigan * Nevada 2 Minnesota * New Hampshire. New Jersey 1 N Carolina 1 New Mexico 1 N Dakota New York 1 Ohio 2. Oklahoma 2 Rhode Island Oregon 1 S. Carolina Pennsylvania 1 S Dakota Tennessee.. 1 Texas 5 Utah 2 Vermont Virginia 1 Washington 1 W Virginia * Wisconsin Wyoming * American Samoa Federated States of * Guam Micronesia Midwa Islands. * Northern Marina Islands Puerto Ricco 1 US Virgin Islands *' *Means this area is supported by a remote office. Schneider copyright©,SE-All rights reserved 0 E1.e c t r i c t 0 Bob Kfelln P9 , 1 M,Bob NOPOIQ .. 1 a Offin bls G374fida 1 rr +,.all M 5 3 1 ,53 f t y� J ni in PoutlanMi raecnUst#K;lgALe CD for AT( —FruLkrov services CL Afficly Mum �` � � � �� � Fd� i�>'f�./�; 31? � � �� �I���rr Cck 317 +fail 9G 4 �` } y p. na•�.a n..aa a.ano •rcna oe i. U�Y �A � y S , tf ��':: �I$CI��RIIm9 Unit CtntruIgor "f"� t r � .,•�fa i i_�1 3 P4 .+.� ��� B'dIM.Pop1S.rf''i T E ------ -------^ S _�17rcowb°fLi R$Li'lL1rw:ulp �i Tammy Scltitey r3 �._ tlfttce fills C �5Gi "� v fr. � % 7 -� C"-tom er t are ptrpblct ti31B1Plr+ f `„-.f " z t erwl Lorl phlglp tmca•13mucr' Woo: fbr kOva" `" It trc4:spime_ Ctifr �t lr i m�Nt hraf r '" t ze ibt A Sohn SmVEwan ' B+il+ifI M7tT M 411!1�3�49 PI untzPl od esssuu tr[1 a �d �Il" fF'#'7 �n"Y r CJ ,� +5, 11 Eryrlatj, 1 Itf"r.tJ'"2 �l�?IiF7 U01 itCCtS}C M 1 ................,..,tea,...:.._.._., .....Lm...a+., ..,_,_.,,_. ,-.-.,.1.„ _., 7. Key Contacts: Sales - Shawn Hanrahan. As a Sales Manager, Shawn is responsible for helping to build a successful integration business. His responsibilities include sales, design, and business management. Shawn, has extensive. knowledge in multiple aspects of the industry. Shawn is also a licensed security representative in the: State of Texas. Marketing Jana Gerber Jana Gerber is director of marketing: and business developinent:for the .B,uildings Business,of Schneider Electric, responsible for the strategies and offers for the our building automation, security and service offers, as well as.our customer segments such as Higher Education, Federal Government, Healthcare and Commercial properties. Gerber has served; as .a market manager and a. business development team leader for.Schneider Electric's Energy Solutions. division:and was previously business development associate for Abacus Engineered Systems, which Schneider Electric acquired in 2004; She was also a structural engineer for Coughlin Porter Lundeen, a Seattle-based engineering ,firm. Gerber holds a Bachelor of Science in civil engineering from Washington State. University, in Pullman, Wash. Financial Reporting - Chris Metzger As Regional Controller, Chris is responsible for the financial management: of the Systems .Integration West division. This includes the overall control of forecasting, budgeting , .business planning. and financial reporting. Chris has a long history of developing and implementing company-wide standards,, policies and procedures, and serves as the lead. negotiator for the division's legal contracts. Executive Support - James Dare As the Director of Sales, Jim is responsible for various divisions' including. Central and Western regions. Jim has more than 30 years of industry experience including sales, operations, and P&L management functions. Jim has a proven history in developing and maximizing the potential of individuals and teams and is an innovative hands-on team player. Jim's project experience includes work with the Atlanta Airport, DFW Terminal D, and the Baptist South Haven. Hospital.. Jim has ;held several Secret and Top Secret security clearances and is a former Naval. Aviator.: Jim is also a licensed security representative in. the State of Texas. t Schneider Copyright©SE All rights reserved Z?EIectric 8. Payment Terms: 0 Schneider Electrics standard payment terms are. N30.. • Schneider Electric will accept purchase orders in varying fashions provided the purchase order indicates the services to be performed, terms of payment, and contract amount. 0. Competition:: o Traditionally Schneider Electric -competes against companies like Convergint, Stanley, Siemens, Honeywell, and Johnson Controls. 10.. Overall Annual Sales: 0 2013 - $580M 0 Z014 - $641M. 0 2015 - $656M 1 .Overall Public Sector Sales: 0 2013 - 60% 0 2014 60% 2015 65% 12'.Strategy to increase market share: Schneider Electric deploys, several methods to increase our market share in key markets. In summary those methods include:. 0 Organic Growth Utilizing our existing sales channels that-support the sales territories we actively pursue competitive bid, negotiated, and sole source :opportunities where business is captured on a transactional basis:. • Alliances- Aligning our offerings with other companies that have complementary offerings like IBM, Cisco, and HP. • Acquisitions- Acquiring companies that have similar offerings and offerings that complement.our current portfolio. This method enables Schneider Electric:to `increase our product offering to clients while still maintaining a competitive position in the market. • Cross Business Collaboration =Working with sister organizations allows us to provide our collective clients additional services. Through our integration business this empowers our customers, with greater control; improve operations, and reduced expenditures. Schneider Copyright©SE-All rights reserved O E[e c t r i c 13.Differentiators: We believe our greatest. asset is our commitment to our employees and clients. This single trait helps us to stand alone in the competitive market. Specifically as it relates to this opportunity our ability to provide competitive solutions with off the shelf components will enable the TCPN Members to realize integrated solutions with minimal disruption to their day-to-day business. Why Schneider Electric Schneider Electric is in a unique. position to help support the Members as a direct manufacturer as well as a systems integrator of other products. 1. r-lanufacturer/Integrator.- Working with Schneider Electric means you have deployment options to consider. Clients can work with the local factory branch office direct thus eliminating the potential finger pointing that exists when working with.a. product dealer or clients can deploy their systems utilizing a hybrid. approach with Schneider Electric working to establish:standards and provide factory commissioning with the physical installation being addressed by independent dealers local to the area. 2. No annual licensing fee - Our approach results in a lower overall cost of ownership for the life of the system. Schneider Electric does not require annual software licenses to keep systems operating or to keep the integration up to date. This reduces OpEx expenditures for our clients.. 3. TCPN Knowledge - Currently Schneider Electric performs various services to many TCPN Members including turnkey installations and warranty support. We currently have several multi-year support agreements in plane with several Members.. 4. Advanced 'integration - An overall single seat of control for your security needs means less equipment is needed. resulting in a lower cost of ownership, simplified training & reduced maintenance. From a single control station the operators will be able to control the security systems through an. easy to use:and simple to understand graphical interface. Clients can deploy systems utilizing various communication protocols at the same time and on the same system. In this regard:, Schneider Electric is taking the notion of"open architecture" to a new level in the security industry. OPC, Plain English, BacNet, Modbus RTU, Modbus IP and others are integration languages that we can easily support on the same system. This level of integration allows the Continuum system to communicate with UPS & PLC systems and share data and alarm F information as well as display live data. Schneider Copyright O SE-All rights reserved O E I e c t r i c 14. On-line & Ordering Capabilities: ©- The focus for our business is to build long-term relationships with our clients... As such 99% of our business is not component based but rather isl solutions based. This process: requires direct interaction with clients to better understand their business needs & pains thus enabling us to provide integrated solutions to address those needs & pains. Through our website clients can gain access to product information about: our offerings then contact us for additional information,, tailored solutions, or proposals,and pricing: Some aspects of our business are:available through e-commerce sites such as our APC and Pelco products. 15. Customer Service bepartment(s); Clients are provided a localized & direct service dispatch number. that is available 2417. Schneider Electric maintains'a full support and service organization in every factory owned branch. The amount:of service individuals varies. based upon the geographic area and the size of the customer base in those areas but they are enabled to full/support all of our integration services 24/7. Each customer service center maintains a 24*7 service line where customers can contact the local organization for emergency service. Depending upon the size of the organization,.a minimum of 1 factory trained technician is placed on call to.support after hours or emergency responses. Schneider Electric also has the flexibility to provide customers with. additional support services.. These:additional services are tailored to the customer's needs o The standard services times are M-F from 8.00am toy 5:00pm. Calls are returned within 1 hour,and during the tandard operating times a technician is. made available within 24 hours. As apart of the additional services through. out customer service centers; we can also provide customers with 30 minute.response times via phone, '1. hour response time via remote diagnostics, and 2 hours response time on- site. Emergency responses are escalated to an immediate response status. Remote diagnostics requires the customer to provide us with either a dial up connection or a VPN connection to.the system. All remote communications: are maintained in a secure manor.. Schneider Electric has developed SOP's for our customer support centers that are incorporated into our ISO standards. Maintaining our ISO SOP's and following those rules help us to ensure compliance with our 24/7 service commitment. 16. Legal Matters - None Schneider Copyright©SE-All rights reserved ; E l e c t r i c 17.Sch'neider Electric will work with TCPN to help promote the services.of both organizations. This will be achieved by: Incorporating awareness of our TCPN contract status through our billing cycle, local.trade shows, and cross business communications. Collaboratively approved mailer to TCPN Members and Schneider Electric clients. • Including' a.n announcement about the award of the contract to Schneider Electric through our internaa. North, America Website. • Webex presentations to all regional, territory, and national sales directors and managers. • Creation of a TCPN sales brochure detailing the benefits .of the contract to the Members and market'. This would be distributed to all sales persons throughout the organization. • Collaboratively approved press release. Creation of a localized website with services offered, contacts.for sales, service; :and support. 18.Demonstrating Benefits: .. o This would be handled similarly to how our current TCPN. offering is communicated with a broader'scale. Our current contract and offering was limited in scope while this RFP allows Schneider Electric to truly bring forth a wider services offering supported by a larger sales force. The integration offering is supported by 'a Solutions based sales force that thrives. on face-to-face interaction with clients. Participation.at TCPN trade show&with. examples of how an integrated facility ca.n improve efficiencies, operations; and reduce budget expenditures.. 19.iMarketing to Existing Govt Clients: • Schneider Electric maintains.an active database of clients within our CRM system broken down by market segment and geographical location. That database would be mined to. provide a list of end. user clients so a tailored announcement.could be. developed and sent to th..em.. • As a follow up to the mailer, Schneider Electric will,also reach out to those clients as a follow up. } Schneider Copyright© SE-All rights reserved Z?El e c t r i c 20.90 Day Kick.Off Plan- a Week one would consist of internal. communications to the. primary stake holders. This would be done via email given the shear number of persons. This communication would include: o Announcement of award o Ownership action items o Scheduling of a webex session. • Weeks 2-4 would, consist of an internal role out to the sales channels. For this endeavor we would host various webex sessions for internal messaging and would ask that a TCPN representative participate to support any specific questions. • Weeks 5.-6 would focus on developing contact Iists for current. end user clients that would benefit from the contract, and the development of a webex session to support end user communications. • Week 7 would focus on contacting those.end user clients with invitations to the webex session(s).. ® Weeks 8-10 would be spent delivering the webex session(s) with th.e end user clients. For this event we would ask that a representative from TCP'N be present to support any end user questions. ® Weeks .11-12 would be spent following up with those. opportunities.: ' 2'1.Sales Training: Schneider Electric is in a unique position due.to our existing relationship withTCPN through our.Security Services Contract. Given the existing knowledge we would, deploy a train the trainer approach where persons currently familiar with the TC..PN process would be used to communicate the message to other sales channels.. 22.Yes — Schneider Electric will provide TCPN the appropriate logo(s) with permission to reproduce-them in marketing communications and promotions. 23.Anticipated 3 Year Revenues: • Y1 - $500,000 + Y2 - $650,000 Y3 $100,000,0.00 Schneider Copyright©SE-All rights reserved E I:e c t r i c � 6 � Hit� Adrninistratlonl 24.Successful implementation of Cooperatives: o GSA - Sheila Brannan - 817-978-8421 - This cooperative agreement has been successful due .in part to our products and services listed on the GSA website, geographic coverage, and knowledge of the solutions needed to support these types of clients. • TCPN - Doug Rope - This cooperative agreement has been successful due in part to our products and services listed on the TCPN website but also due to our vast market coverage in the City�County government, 'K-12 relationships, and higher education customer base. Within our Energy Solutions division we have the, highest market share when compared to any of our competitors with high level contacts within those organizations. 25.Monthly Reporting Capacity: ® Within our CRM system we plan to implement a new field where orders received through, with, or in conjunction with our TCPN contract can easily be flagged.. Administration of the reporting process will be centralized to help eliminate confusion and duplicate reporting. One request, depending upon: volume, could be the change from a monthly reporting to a quarterly reporting. 26.Management Reports: o This has been.and continues.to: be a difficult task within the existing TCPN billing/invoicing process. Orders received from clients utilize unique order entry numbers which are typically absent from the billing/invoicing from TCPN to: Schneider Electric. In many cases. supporting documentation is required. o One approach to curb the, difficulty will be the change of the reporting process from Client - TCPN - Schneider Electric to a Client -Schneider Electric:- TCPN. This will enable the reporting provided to TCPN to include the unique order entry"numbers`. Time: &Attendance reports can be provided to those. clients requiring them based upon work and services provided through our accounting system because individual hours spent on a. project are tracked and logged by. employee. 27.Areas for Improvement: Please reference item 3 above. In some:instances during our current contract.Members have opted to use Schneider Electrics TCPN contract pricing as a bench mark so they can get non TCPN contract. holders to bid on projects. Though normally not an issue the administration fee in some cases makes our pricing higher when compared to those that are not contract holders. We would. ask that TCPN contact those customers to assist Schneider Electric in communicating the benefits of TCPN. Schneider Copyright©SE-All rights reserved i E l e c t r i c it -PIP Schneider Electric is extremely committed to building a cleaner and greener future for today's generations as well as future generations We pride ourselves on our Green initiatives._ Green policies can be seen,throughout our global organization. One desire is to be a more gentile and kind organization to our common planet which can be seen through our corporate values and statements. In addition we support all employees that.wish to obtain LEED AP certification through sales, operations; management, and service departments.. We endeavor to provide more to our customer while using less of our.resources. Below is a direct link to our website that detail our Sustainable Governance. http:f/www2.schheider-electric.com/sites/corporate%en/oroup%sustainable development-and-foundat'ion/sustainable-governance/sustainable- governance.Dage Other initiatives within our organization that support our commitment to Green include: Going paperless where possible. Tracking carbon footprint.for employees who travel. LEED AP certifications for any interested,employee. Vi.rtualized solutions resulting in less equipment needing to be installed. Cloud based.video storage resulting in less equipment needing to be installed or manufactured. Schneider Copyright©SE-All rights reserved °E l e c t r i c Schneider Copyright`©SE.-All.rights reserved E 1.6 c t ri c ANN Won- 6 Vil 14 !1�111S�A1,11 ♦ 11 N W ,g� M - - - - - - - - - - -- - -- - - - - - - - . . . . - - - - - - - Texas Departmen' of Fubfle Safety v�l Certificate of L icensure The Private. Security Board Certifies,that: 7 SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC RY, "ZY --W�F 'k ff .BO5901 7� ®r, Is Drily Licensedws Security Contractor Alarm Company tiz Director,Department of-Public Safety EXPIRES: 09/30/2017 This certificate affirms the above stated company is licensed pursuant to Texas Occupations,code 1702.The license will expire on date stated above. ........... Texas Department.of Public Saf6ty,Regulatory Services Division..5806 Guadalupe Street,Austin,Texas 78751 http://www.dps.texas.gov - - - - - - - - - - - - - - - - - - - Appendix E: QUESTIONNAIRE Please. provide responses to the following questions that address your company's operations,. organization, structure and processes for providing products and services. 1. States Covered Offeror must.indicate any and all states where products and services can be offered. Please indicate the price co-efficient for each state if it varies. (If applicable) ❑ 50 States &District of Columbia'(Selecting this box is equal to checking all boxes below) Alabama Montana Alaska Nebraska Arizona E.Nevada Arkansas E]New Hampshire California ❑New.Jersey Colorado New Mexico Connecticut' New.York Delaware North Carolina District of Columbia North Dakota Florida Ohio Georgia Oklahoma Hawaii Moregon Idaho Pennsylvania Illinois EjRhode Island Indiana South Carolina Iowa ElSouth Dakota Kansas ElTennessee Kentucky QjTexas Louisiana Utah Maine Vermont Maryland Virginia Massachusetts. Washington Michigan West Virginia Minnesota Wisconsin Mississippi Wyoming Missouri Xj Territories &. Outlying Areas (Selecting this box.is equal to checking all boxes.below) ❑American Samoa ❑Northern Marina Islands. ❑Federated States of Micronesia ❑Puerto Rico ]Guam ❑U,S. Virgin.Islands ❑Midway Islands 2. Diversity Programs • Do you currently have.a diversity program or any diversity partners that you do business with? ❑Yes: ffNo If the.answer is yes, do you plan to offer your program or partnership through TCPN ❑Yes No (If the answer is yes, attach a statement detailing the structure of your program, along with L --' a list of your diversity alliances and a copy of their certifications.) Will the products accessible through your diversity program or partnership be Page'30 of 151 offered to TCPN.members at the same pricing offered by your company? ❑Yes 4No (1f answer.is no, attach a statement detailing how pricing for participants would,be calculated;) 3. Minority and Women Business Enterprise (MWBE) and (HUB).Participation 3 It is the policy of some entities participating in TCPN to involve minority ;and women business enterprises(M/UVBE),small and/or disadvantaged business enterprises,disable veterans business enterprises, historically utilized businesses (HUB) and other diversity recognized businesses,in the purchase of goods and services. Offerors shall indicate below whether or not they hold certification in any .of the classified areas and include proof of such certification ith their response. a.. Minority Women Business Enterprise Offeror certifies that this firm is an MWBE ❑Yes KNo List.certifying agency: b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise(DBE): Offeror certifies that this firm is a SBE or DBE ❑Yes PNo List certifying agency: c. Disabled Veterans Business Enterprise(DVBE) Offeror certifies that this firm is a DVBE ❑YesNo List certifying agency: td.. Historically Underutilized Businesses (HUB): Offeror certifies that this firm is a HUB ❑Yes XNo List certifying agency: . .. e. Historically Underutilized Business Zone.Enterprise(HUB Zone) Offeror certifies thatthis firm is a HUB Zone ❑Yes KNo List certifying agency: f. Other Offeror certifies that this firm is a recognized diversity ❑Yes ONO certificate holder List certifying agency: 4. Residency Responding Company's principal place of business is in the:city of Carrollton State of Tx 5_ Felony Conviction Notice Please check applicable box: A publicly held corporation; therefore, this reporting requirement is not applicable. Is not owned or operated by anyone who has been convicted of.a felony. ❑ Is owned or operated by the following individual(s)who has/have been convicted of a felony, *If the third box is checked a detailed explanation of the names and convictions must be attached. Page 31 of 157 6. Processing Information Company contact for: Contract Management Contact Person: _ Shawn Hanrahan Title: Saes Manager Company:, Schneider Electric Address: 1650 West Crosby Rd City: Carrollton State:; Tx Zip: 75006 Phone: 972 323-300.8 Fax: 9727245-0996 Email: Shawn.Haprah8n@8chneider-electric.com Billinq:& Reporting/Accounts Payable Same as above Contact Person: Title: Company: Address: City: State: Zip: Phone: Faxg Email Marketinq Same.as above Contact.Person: Title: Company: Address: Cify:. ...__..... State: Zip: Phone: Fax. Email: 7_ Distribution Channel: Which.best.describes your company's position in the-distribution channel:. Wllllahufacturer direct ❑:Certifed.education/government reseller Authorized distributor El Manufacturer marketing through reseller Value-added reseller ❑ Other 8_ Pricing Inforirration to addition to the current typical:unit pricing furnished herein; the.Vendor agrees to offer all future product introductions at prices that are;proportionate to Contract Pricing. ,yes ONO (if answer is.no, attach a statement detailing how pricing for participants would be calculated.) Pricing submitted includes the required administrative fee. _OYes ❑No Page 32 of 157 (Fee calculated based on invoice price to customer) Additional discounts for purchase of a guaranteed"quantity? _ayes ❑No 9. Cooperatives List any other.cooperative or state contracts currently held or in the process of securing Cooperative/State Agency Discount Expires Annual Sales Offered Volume TCPN Various 6/30/17 �500:000 {Remainder of Page.Intentionally Left Blank] t. r Page 33 of 157 COMPANY PROFILE Please provide the following' 1. Company's official registered name.. Schneider Electric Buildings Americas,:Inc 2., Brief History of your company, including the year it was established.,.Please reference the proposal form 3. Company's Dun & Bradstreet(D&B):number. 5469.5530: 4.. Corporate office location.. 1650 West Crosby Rd'„ Carrollton, Tx 75006' 5. List the total number of salespersons employed by your organization within the United States;, broken down by market. Please reference the ro osal form proposal', 6; List the number and location of offices, or service centers for all states.being offered in solicitation.. Additionally, list the names of key. 'contacts at each location with. title, address, phone and e-mail address. Please::referencel the proposal,form T Please provide contact information for the,person(s) who will be responsible for the following areas;. including resumes: a. Sales b. Sales Support Please:reference the proposal form c. Marketing d.. Financial Reporting e. Executive Support 8. Define your standard terms of payment. Please reference the:proposal form. 9. Who is your competition in the marketplace? Please reference the proposal form 10. Overall annual sales for last three(3)years; 2013, 2014, 2015 Please reference:the proposal.forri 1.1. Overall'public sector sales, excluding Federal Government,for last three(3) years; 2013,2014, 2015. .Please reference the proposal form. 12. What is yobr:strategy to'increase market share? Please reference the proposal form 13: VVtiat_differentiates your:company from competitors? Please reference the proposal'form. 14:. Describe the capabilities and functionality of vour firm's :on-line catalog/ordering website. Please reference the.,proposal form 15. Describe your company's Customer Service Department. (hours of operation, number of service centers,.etc:). Please reference the proposal form 16. Provide information,regarding whether your firm, either presently or in the past, has been involved. in any litigation, bankruptcy, or reorganization. Please reference the proposal form 4 Page 34 of 157 Marketing/Sales 17. Detail how your organization plans to market this contract within the first ninety:(90) days of the award date.This should include, but not be limited to: Please reference the proposal form a. A.co-branded press release within.first 30 days b. Announcement of award,through any applicable.socia.l media sites c.. Direct mail campaigns d. Co-branded collateral.pieces e. Advertisement of contract in regional or national publications f. Participation in trade shows g, Dedicated TCPN and Region 4 ESC internet web-based homepage with: i.. TCPN and Region 4 ESC Logo ii. Link.to TCPN,and Region 4 ESC website iii. Summary of contract and services offered iv. Due Diligence Documents including;_copy of solicitation, copy of contract,and any amendments, marketing materials 1"8. Describe how your company will demonstrate the benefits of this contract to eligible entities if awarded. Please reference the proposal form 19. Explain how your company plans to market this aareement to existing government customers. Please reference the proposal form 20.. Provide a detailed ninety(90) day plan describing how the contract will be implemenfed within your firm. Please reference the proposal form 21. Describe how you intend on train vrnjr national sales forr.P nn the Renirin 4 ESC agreement. Please reference the proposal form 22. Acknowledge that your organization agrees to provide its company logo(s)to Region_4 ESC and agrees to provide.permission for-reproduction of such logo in marketing communications and promotions. Please reference the,proposal.form 23. Provide the revenue that your organization .anticipates each.year for the first three (3)years of this agreement. $ in year one Please reference.the.proposal.form $ in year two $ in year three: Administration 24. Describe your company's implementation and success with existing cooperative purchasing programs,. if any, and provide the cooperative's name(s), contact person(s) and contact. information as reference(s). Please reference the..proposal form 25. Describe the capacity of your comoanv to report,monthly sales throuah this agreement. Please reference'the proposal form 26. Describe the capacity of your company to provide hanagerriene reports, i.e. consolidated_billing by location,time and attendance reports, etc. for each eligible agency: Please reference the proposal form 27.. Please provide any suggested improvements and alternatives for doing business with your company that will make this arrangement more cost effective for your company and Participating Public Agencies. Please reference the proposal form Green Initiatives Page 35:of 157 We are committed to helping to build a cleaner future! As our business grows, we want to make sure We minimize our impact on the Earth's climate. So we are taking every step we can to implement innovative and responsible environmental practices throughout Region 4 ESC to reduce our carbon footprint,:reduce waste, promote energy conservation, ensure efficient computing,and much more.We would like vendors to partner with us in this enterprise. To that effort, we ask Offerors to provide their companies environmental policy and/or green initiative. 28. Please provide your company"s environmental policy and/or green initiative. Please,reference the proposal form Vendor.Certifications (if applicable) 29. Provide a copy of all current licenses.;..registrations and certifications issued by federal, state and local' agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing Offeror to perform the covered services including, but not limited to licenses, registrations or certifications. M/WBE, HUB, DVBE, small and disadvantaged business certifications. and other diverse business :certifications, as well as. manufacturer certifications for sales and service must be included if applicable. References Provide a minimum of ten (.10) customer references for product and/or services:of similar scope dating within.the past three (3) years. Please try to provide an equal number of references for K12, Higher Education and City/County entities. Provide the following information for each reference:. Entity Name Contact Name and Title City and State Please.reference the proposal form Phone Number Years Serviced Description of Services Annual Volume f Page 36 of 157 J Schneider Copyright©SE-All rights reserved O E l e:c.t r i c. 4. Products Services Within the provided Excel pricing sheet we have included products and _services that address all of the solutions Listed in the RFP documents. As a part of Schneider_Electrics other businesses we are also. able to _provide additional services beyone being a Security System Services provider. Based :upon the wide range of products offered by Schneider Electri'c, we believe: the overall offerings provided will accommodate the needs of many TCPN Members. The majority of these solutions will be provided through in-house capabilities but in .some cases outside sources could be used to accommodate those clients that require M/WBE participation. Within the products above we have the ability to provide the following services to the TCPN Memberhip: -Design onsul ting Estimating Installation Servid ng Warrant -Integration Training Upgrades Schneider Copyright©SE-All.rights reserved O E l e c t r i c F -7 Over the years, Schneider Electric has had the opporuriity to work with Various customers (both TCPN Members and non TCPN Members). The relationships built are developed over a substantial amount of time which lends itself to being a true systems integrator Castleberry ISD City of Wylie Dallas Water Dept 6 years 5 Years 8 years Renee Smith Faulkner Shane Colley Paul Novak 817-252=208.8 972-442-4433 214-243-2366 O Access,Control Access Control © Access.Control Systems Systems Systems CCTV Systems CCTV Systems C CCTV Systems $600,000 0 $400,000 • $2M American Airlines Hitchcock ISD Blinn College 11 Years. 4 years 3 years John Haywood Elsie Schiro Neil Goldman - 979-209 817-308-7119 409- 986-55.14 7268 e Energy Q Access Control © Access Control. Management Systems Systems G Building a $150,00.0 • CCTV Systems Automation $300,000 1.5M CP&Y Duncanville ISD City of Dallas 3 years 3 years 4 years Kyle Parks Kyle Berger Mike Doeringsfield 9,79-209-7268 972-708-2000 214-670-5838 • Access Control o Access Control • Access Control Systems Systems Systems CCTV Systems • CCTV Systems o CCTV Systems • Servers • $1.5M • $1.3M • $:800,000 Wilmington Police Desert Star Ft. Worth Water Dept. 5 Years 8 Years 4 years Corey Harrison Kevin Larripman - 702- Juan Reyes 910-342=2739 568-8203 817-377-4705 City Surveillance Access Control. • Access.Control • Wireless CCTV o Perimeter Detection Systems • $600,000 • CCIV 0 CCTV Systems Automation o $500 000 Schneider Copyright©SE-Allrights,reserved ,°Electric Please see the provided electronic files for the pricing information. All products and services provided, by Schneider Electric will be provided with a 1-yeas warranty on all parts and labor. Items specifically excluded from the Schneider.Electric warranty include damages caused by Acts of God;Acts of Vandalism, and Acts of Abuse/Misuse. Volume discounts can be provided but calculating the amount of the discount varies per manufacturer. .Historically .we have seen a 1-2% discount offered. on integrated solution projects when the contractual amount exceeds $300,000. Restocking fees are only applied if equipment is returned in "opened" condition and cannot be resold. Typical fee is 20% of the original sale. price;. Schneider Copyright©SE-All rights reserved Z?E I e c t r i c 7 0 Value . The context of this RFP is:to provide TCPN Members solutions that can be incorporated into a Security System project. As such we have incorporated as many low voltage products into our offering for the TCPN Membership. Other services that can be incorporated into this. agreement include: 1. Performance Contracting 2. Energy Audits 3. Wireless Clock Systems 4. Building Automation: 5. Temperature Controls 6. Lighting Controls 7. Energy Management 8. Power Meter-Monitoring Schneider Copyright 0 SE-All rights reserved O l 6 c t r i c Awendix G: VALUE ADD Please include any additional products and/or services not included in the scope of the solicitation that you think will:enhance and/or add value to this contract for participating agencies. Your marketing plan. and salesforc(4 training plan as detailed in Appendix F will.also.6e taken.into account when evaluating your company's value add score: Any additional products or services offered in this section will only be considered by Region 4 ESC if auditable pricing is.offered for them in;Appendix C.Any products or services for which pricing is:not offered will not be considered a part of any contract awarded as a result-of this RFP. All products or services offered in this section,are subject to the same requirements as products offered in Appendix B. Respondents roust provide detailed descriptions of any additional products and services being offered as a part of theirproposal., and Region 4 ESC reserves the right to reject any value add products or services which it deems.to. be,unrelated.to the scope of this RFP. Please reference the proposal form Api)endix. H ADDITIONAL REQUIRED DOCUMENTS Page 37 of 157 "logy C✓i, a.�. C....w.m^`. __. ,.�..a P�W..�. ....�, u,8: �k..,.�«�..a.�,. .dew�.. .n�.' 3..- 81.0 Rr e Documents Schneider Copyright©SE-All rights reserved_ V E I e c t r i c DOC#1 Clean Air and Water Act DOC#2 Debarment Notice DOC#3 Lobbying Certification. DOC#4 Contractors Requirements DOC#5 Antitrust Certification Statement DOC#6 Implementation HB 1295 (Certificate) of Interested Parties) DOC#7 EDGAR Certifications FOR VENDORS INTENDING TO DO BUSINESS IN NEW JER$EY: DOC#8 Ownership Disclosure Form DOC#0 Non-Collusion Affidavit DOC#10 Affirmative Action Affidavit DOC#11 Political Contribution Disclosure Form DOC#12 Stockholder Disclosure.Form New Jersey vendors.are also required to comply with the.following New Jersey statutes.when applicable: All anti-discrimination laws, including those contained.in N.J.S.A., 10-2-1 through N.J.S.A. 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10;5=31 through 10-5-38. Compliance with Prevailing Wage:Act, N.J.S.A..34:11-56.26,for all contracts within the contemplation of the Act. Compliance with Public Works Contractor Registration Act, N.J.S.A. 34:11-56,26' Bid and Performance Security,as required by the applicable municipal or state statutes. DOC#1 Clean Air and Water Act I, the Vendor, am in compliance with all applicable standards, orders or regulations issued;pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as .amended (33 U.S.C. 1368), Executive 'Order 117389 ,and Environmental Protection Agency Page 38 of'i57 Regulation,.40'CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the:grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement. Potential Vendor: Schneider Electric Title of Authorized Representative: Sales Manager Mailing Address: 1.650 West.Crosby Rd, Carrollton; Tx 75006 Signature: DOC#2 Debarment Notice I, the.Vendor, certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension", as described in the Federal Register and Rules.and Regulations. Potential Vendor: Schneider Electric Page:39 of 157 Title of Authorized Representative: Sales Manager Mailing Address:. 650 West Crosby Rd, Carrollton, Tx 75.006. Signature: Doc#3 LOBBYING CERTIFICATION Submission of this certification i' a prerequisite for making or entering into this transaction and is imposed by Sectioa 1.352, Title 31, U.S. Code. This certification is a material representation of fact upon'which reliance was placed.when this.transaction wasmade:or entered into: Any person.:who fails to file the required certification shall be subject to civil penalty of not less than $10,0001 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his/her knowledge and belief, that: 1 1. No Federal appropriated funds have been paid or will be paid on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,.a Member of Congress, an officer or employee of Congress, or an employee of a Member of Page 40 of 157 Congress in connection with the awarding.of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification. of. a Federal contract, grant, loan, or cooperative agreement. 2. If any funds.other than Federal appropriated funds have been or will be paid to any person for influencing or attempting to influence an.officer or employee of any agency, a Member of Congress an officer or employee of Congress; or an employee of a Member of Congress in connection with this Federal contract or cooperative agreement, the undersigned shall complete and. submit Standard Form LLL, "Disclosure of Lobbying Activities,'' in accordance with its instructions. 3 The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in.Federal funds at all,appropriate tiers and that all sub-recipients shall certify and disclose accordingly. 2-14-17 Signature.of Offeror Date i Page4.1 of 157 DOC#4 CONTRACTOR CERTIFICATION REQUIREMENTS Contractor's Employment Eligibility By entering the contract,.Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in. Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities.reserve the right to confirm compliance in accordance with applicable laws. Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance,: they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the.responsibility of the Contractor:. The, offeror complies and maintains compliance with the .appropriate statutes which requires compliance with federal. immigration. laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program. Contractor shall comply with governing board policy of the Region 4 ESC Participating entities in which work is being performed. Fingerprint and Background Checks If required to provide services on. school district property, at least five (5) times during a month, contractor shall submit a full.set of fingerprints to the school district.if requested of each person or employee who may provide such service.Alternately, the school district may fingerprint those persons or employees.An exception to this requirement may made as authorized,in Governing Board.policy.. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district._ Contractor, subcontractors, vendors and their employees shall not provide services on. school district properties until authorized by the District. The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted. Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed'. Business Operations in Sudan, Iran In accordance with A.R.S:.35-391 and.A.R.S.35-393,the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran. Signature of Offeror 2-14-17 Date Page 42 of 157 DOC#5 ANTITRUST CERTIFICATION STATEMENTS (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that: 1. 1 am duly authorized to execute this contract on my own behalf or on behalf of the company; corporation, firm, partnership or individual (Company) listed below; 2. In connection with this proposal, neither I nor any representative of the Company has violated any provision of the Texas Free. Enterprise and Antitrust Act,.Tex. Bus. &Comm. Code Chapter 15; 3. In connection with this proposal, neither I nor any representative of the Company has violated any federal.antitrust law; and 4. Neither]:not any representative of the Company has directly or indirectly communicated any of the contents of this proposal to a,competitor of the Company or any other company, corporation, firm, partnership or individual engaged.in"the same line of business as the Company. Vendor Schneider Electric Offeror Signature - Shawn Hanrahan Printed Name Sales Manager Address 1650 Vilest.Crosby Rd Position with.Company Carrollton, Tx 75006 Authorizing Official Signature Phone 972=323-1.1. 11 Pat Cowart. Fax 972-245-0996 Printed Name Branch Manager .Position with Company "Page 43 of 157 DOC# 6 DmpDementation of House MU 1295 Certificate of Interested Parties (Form 1295): In 2015, the Texas Legislature adopted House Bill 1.295, which added section 2252.908 of the Government Code. The law states that a.governmental entity or state agency may not enter into certain:contracts'with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either.(1) requires an action or vote by the governing_body of the entity or agency before the contract may be signed or (2) has a value of at least$1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission's website,The.commission adopted the Certificate of Interested Parties form(Form 1'295).on October 5,2015.The commission also adopted new rules(Chapter 46)on November 30, 2015,to implement the law. The.commission does not have any additional authority to enforce or interpret House Bill 1295. Filing Process: Staring on: January 1, 2016, the: commission will make available on its website .a new filing application that must be used to file Form 1295. A business enti.ify must use the application to enter the required information on Form 1295 and print a.copy of the completed form; which will include a certification of filing .that will contain. a._ unique .certification number. An authorized agent of the business entity must sign the printed copy of the form`and have the form notarized. The.completed. Form 1295 with the certification of filing must.be filed with the governmental body or state agency with which the business entity is entering into the contract. The governmental.entity or state agency must notify the commission., using the commission's filing application,.'of the receipt of the filed Form 1296 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days. after receiving notice from the governmental entity or state.agency. Information regarding how to use the filing application will. be available on this site starting on January 1, 20M. https:%/www.ethics.state.tx.us/whatsnew/elf info form1295.11tm Last Revision:February 16, 2016 ._., DOC#7 Page 44 of 157 EDGAR CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S.FEDERAL GRANT TO WHOM IT MAY CONCERN: REGION 4 EDUCATION SERVICE CENTER is in the process of ensuring that all policies and procedures involving the expenditure oU federal funds are compliant with the new Education Department General Administrative Guidelines ("EDGAR").Part of this process involves ensuring that all current vendors agree to comply with EDGAR.You must complete this form and return to REGION.4 EDUCATION SERVICE CENTER along with you proposal. The following certifications'and provisions are required and apply when REGION 4 EDUCATION SERVICE CENTER expends federal funds for any contract resulting from this procurement process.Pursuant to 2 C.F.R.§200.326,all contracts,including small purchases, awarded by the Agency and the Agency's subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable. REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS APPENDIX II TO 2 CFR PART 200 (A)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 U.S.C. 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: Pursuant to Federal Rule(A)above,when REGION 4 EDUCATION SERVICE CENTER expends federal funds,REGION 4 EDUCATION SERVICE CENTER reserves all rights,and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does Vendor agree?YES�SA*ai-- Initials of Authorized Representative of Vendor (B)Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement.(All contracts in excess of$1.0,000.) Pursuant to Federal Rule (B) above, when REGION 4 EDUCATION SERVICE CENTER expends federal funds, REGION 4 t . EDUCATION SERVICE CENTER reserves the right to immediately terminate any agreement in excess-of$10,000 resulting from this procurement process,in the event of a breach or default of the agreement by Vendor in the,event Vendor fails to:(1)meet schedules, deadlines,and/or delivery dates within the time specified in the procurement solicitation,contract,and/or a purchase order;(2)make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. REGION_4 EDUCATION SERVICE CENTER also reserves the right to terminate the contract immediately,with written notice to vendor, for convenience,if REGION 4 EDUCATION SERVICE CENTER believes,in its sole discretion that it is in the best interest of REGION 4 EDUCATION SERVICE CENTER to do so. Vendor will be compensated for work performed and accepted and goods accepted by REGION 4 EDUCATION SERVICE CENTER as of the termination date if the contract is terminated for convenience of REGION 4 EDUCATION SERVICE CENTER,Any award under this procurement process is not exclusive and REGION 4 EDUCATION SERVICE CENTER reserves the right to purchase goods and.services from other vendors when it is in REGION 4 EDUCATION SERVICE CENTER's best interest. Does Vendor agree? YES. S/"I Initials of Authorized Representative of Vendor (C)Equal Employment Opportunity.Except as otherwise provided under4l CFR Part 60,all.contracts that meet the definition of"federally assisted construction contract"in 41 CFR Part.60-1.3 must include the equal opportunity clause provided under 41 CFR 60.1,.4(b),in.accordancewith 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." Pursuant to Federal Rule(C)above,when REGION 4 EDUCATI O.N SERVICE'CENTER expends federal,funds on any federally assisted construction contract,the equal opportunity clause is incorporated by reference herein. Does Vendor agree to abide by the.above? YES S/u P*— Initials of Authorized Representative of Vendor (D)Davis-Bacon Act,as amended(40 U.S.C.3141-3148).When required by Federal program legislation,all prime construction. contracts in excess of $2,000 awarded by non.Federal entities must include a provision for compliance with the Davis-. Bacon Act(4o U.S.C:3141-3144,and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5,"Labor L.- Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,contractors must be required to pay Page 45 of 157 wages'not less than once a week.The.non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Laborin each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected'or reported violations to the Federal awarding agency.The contracts must,also include a provision for compliance with the Copeland"Anti-Kickback" Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loansor Grants from the United States").The Act provides that each contractor or subrecipient must be prohibited from. inducing, by any means, any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity must report all suspected or reported violations.to the Federal awarding agency. Pursuant to Federal Rule(D)above,when REGION 4 EDUCATION SERVICE CENTER expends federal funds during the term of an: award for all contracts and subgrants for construction or repair; Vendor will be in compliance with all applicable Davis-Bacon Act provisions. Does Vendor agree?YES Fes- . Initial-of Authorized Representative of Vendor (E) Contract Work:Hours and Safety Standards Act.(40 U.S.C. 3701-3708).Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision, for compliance with 40 U.S.C.3702 and 3704,as.supplemented by Department of Labor regulations(29 CFR Part 5).Under40 U.S.C.3702 of the Act,each contractor must be required to compute the wages.of every mechanic and laborer on the basis of a standard.work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of:not less.than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week..The requirements of 40 U.S.C. 3704 are;applicabie 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. Pursuant to Federal Rule(E)_above,when.REGION 4 EDUCATION SERVICE CENTER expends federal funds;Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an. award for all contracts by REGION,.4 EDUCATION.SERVICE CENTER resulting from this procurement process: Does Vendor agree? YES S(*� heg' Initials of Authorized-Representative of Vendor (F) Rights to Inventions Made Under a Contract or Agreement. If the 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 of experimental,. developmental, or research work under that "'funding agreement," the recipient or subrecipient must comply with the requirements of 37 CPR Pan`.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'award IIng agency. Pursuant to Federal Rule(F)above,when federal funds are expended by REGION 4 EDUCATION SERVICE CENTER,the vendor certifies that during the term of an award for all contracts by REGION 4 EDUCATION SERVICE. CENTER resulting from this procurement process,the vendor agrees to comply with all applicable requirements as referenced in Federal Rule(F)above. Does Vendor.agree?YES S Ac:ir— Initials of Authorized Representative of Vendor (G)Clean Air Act(42 U.S.C.740146714.)and the Federal Water Pollution Control Act(33 U.S.C.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 U.S.C. 7401 7671q)and the Federal.Water Pollution.Control.Act as amended(33 U.S.C.1251-1387).Violations must be reported to the Federal awarding agency and the Regional.Office of the Environmental.Protection Agency(EPA). Pursuant to Federal Rule.(G)above,when federal funds are expended by REGION.4 EDUCATION'SERVICE CENTER,the vendor certifies that during the Perm of an award for all contracts by REGION 4 EDUCATION SERVICE CENTER member resulting from.this, procurement process,the vendor agrees to comply with all applicable requirements as referenced in Federal Rule(G)above. Does Vendor agree?YES Sh 1--i- Initials of Authorized Representativeof Vendor (H).Debarment and Suspension.(Executive Orders 12549 and:12689)—A contract award(see 2 CFR"180.220)must.not be made to parties listed on.the government wide exclusions in the System for Award'Management(SA M);in accordance with the OMB guidelines at 2 CFR 180.that implement Executive Orders 12549(3 CFR part 1986 Comp., p.189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SANE 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. I f �.— Pursuant to Federal.Rule(H) above,when federal funds are expended by REGION 4 EDUCATION SERVICE CENTER,the vendor. certifies that during the term of an award. for all contracts by REGION 4 EDUCATION SERVICE CENTER resulting from this procurement process,the vendor certifies that neither it nor its principals is presently debarred,suspended,proposed fordebarment, Page.46 of 157 declared ineligible,or voluntarily excluded from participation.by any federal department or agency. Does Vendor agree? YES S tA 17t-- Initials of Authorized Representative.of Vendor (1) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress;or an.employee of a member of Congress in connection with obtaining.any Federal contract;:grant or any other award covered by 31 U.S.L. 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. Pursuant to Federal Rule (1) above,when federal funds are expended by REGION 4 EDUCATION SERVICE CENTER,the vendor certifies that during the term and after the awarded term of an award for all contracts by REGION 4 EDUCATION SERVICE CENTER resulting from this procurement process,the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti- Lobbying Amendment(31 U.S.C. 1352). The undersigned further certifies that: (1) No Federal:appropriated funds have been paid or will be paid for on behalf of the undersigned,-to any person for influencing or attempting to influence an.officer or employee of any agency, a:Member of Congress,an officer or employee of congress,or an employee of a Member of Congress in connection"with the awarding of a Federal contract,the making of a Federal grant,the making of a Federal loan,the entering into a cooperative agreement,and the extension,continuation,renewal,amendment,or modification of a Federal contract,grant,loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting.to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress,or an employee of a Member of Congress in connection with this Federal grant or.cooperative agreement,the undersigned shall complete and submit Standard.Fonn-LLL,"Disclosure Form to Report Lobbying',in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding$100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Does Vendor agree? YES S Gk ram- Initials of Authorized Representative&Vendor. RECORD RETENTION REQUIREMENT$FOR CONTRACTS.INVOLVING FEDERAL FUNDS When federal funds are expended by REGION 4 EDUCATION SERVICE CENTER.for any contract resulting from.this procurement process, Vendor certifies that.it will comply with the record retention requirements detailed in 2 CFR.§200.333.The Vendor further certifies thatVendorwill retain all records as required by 2 CFR§ 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual fnancial reports,as applicable;and all other pending matters are closed. Does Vendor agree? YES _5o,+ P::*-- Initials of Authorized Representative of Vendor Page 47 of 157 When REGION 4 EDUCATION SERVICE CENTER expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation.Act ` (42 U.S.C.6321 et seq.;49 C.F,R.Part 18). Does Vendor agree? YES Sd.-(v Initials of Authorized Representative of Vendor CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS Vendor certifies that Vendor is in compliance with all applicable provisions of the Buy America Act..Purchases made in accordance with the BuyAmerica Act must still follow the applicable procurement rules calling for free and open competition. Does Vendor agree? YES S114 r< Initials of Authorized Representative of Vendor CERTIFICATION OF ACCESS.TO RECORDS—2 C.F.R.,§200.336 Vendor agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any books,documents,papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under the Contract for the purpose of making audits,examinations,excerpts,and transcriptions.The right also includes timely and reasonable access to Vendors personnel for the purpose.of interview and discussion relating.to such documents. Does Vendor agree? YES SM tom' Initials of Authorized Representative of Vendor CERTIFICATION OF APPLICABILITY TO SUBCONTRACTRS Vendor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does Vendor agree? YES 5/�4+.a— Initials of Authorized Representative of Vendor Vendor agrees to comply with all federal,state,and local laws,rules,regulations and ordinances,as applicable.It is further acknowledged that vendor certifies compliance with all provisions,laws,acts,regulations,etc.as.specifically noted above. Vendors Name: Schneider Electric 1650 West Crosby Rd, Carrollton, Tx 75006 Address,City,State,and Zip Codu. 972-323-1.111 M-245-0996 Phone Number. Fax Number: Shawn Hanrahan /Sales Manager Printed Name and Title of Authorized Representative: Shawn.Hanrahan@schneider-electric.com Email Address.. 2-14'17 Signature of Authorized Representative: Date: Page 48 of 157 DOC#8 OWNERSHIP DISCLOSURE FORM (N.J.S, 5225-24.2) ..- Pursuant to the requirements of P.L. 1999, Chapter 440 effective April"17,2000(Local Public Contracts Law), the offeror shall complete the form attached to these specifications listing the persons owning 10 percent(10%) or more of the firm presenting the proposal. Company.Name: N/A Street: City, State, Zip Code: Complete.as appropriate: I.. , certify that l am the sole owner of that there are no partners and the business is not incorporated, and the provisions of"N:J.S. 52.25-24.2 do not apply,, OR: l , a partner in , do hereby certify that the following is a fist of all individual partners who own a 10%,or greater interest therein. l further certify that if one,(1)or more of the partners is itself,a corporation or partnership, there is also set forth the names and addresses of the stockholders holding 109,66 or more of that corporation's stock or the individual partners owning 10% or greater interest in that partnership, OR: I , an;authorized representative of a corporation, do hereby certify that the following is a list of the names and addresses of all stockholders in the corporation..who own 10% or more of,its stock of any class. further certify that if one (1) or more of such stockholders is.itself a corporation or partnership, that there is:also set forth the names and addresses of the stockholders'holding 10%or.more of the corporation's stock or the individual partners owning a 10% o%greater interest inn that partnership. (Note: If there:are no partners or stockholders owning 10% or more interest, indicate none.) Name Address interest 1 further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. Date Authorized Signature and Title DOC#9 NON-COLLUSION AFFIDAVIT Page 49:of 157 Company Name:_NIA Street: City, State, Zip Coder State of New Jersey County of !, of the Name, City in the County of , State of of full age, being duly sworn according to law on my oath depose and say that. 1 am the of the firm of Title Company Name the offeror making the Proposal for the goods, services or public work specified under the attached proposal, and that l executed the said proposal with full authority to do so;that said offeror has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above proposal, and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the`said goods, services or public work, 1 further warrant that no person orselling,agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee,:except bona fide employees orbona fide established commercial or selling_ agencies maintained by Company Name Authorized Signature & Title Subscribed and:sworn before me . this day of ;20 Notary Public of My commission expires , 20 SEAL Page 50 of 157 DOC#10. AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) Company Name: N/A Street: City, State, Zip Code: Proposal Certification: Indicate below your compliance with New Jersey Affirmative Action regulations: Your proposal will be accepted even if you are not in compliance at this time. No contract and/or purchase order may be issued, however; until all Affirmative Action requirements are met. Required Affirmative Action Evidence: Procurement, Professional & Service Contracts.(Exhibit A) Vendors must submit with proposal: 1. A photo copy of their Federal Letter of Affirmative Action Plan Approval OR 2. A photo copy of their Certificate of Employee.Information Report OR 3. A complete Affirmative Action Employee Information Report(AA302) t Public Work—Over$50,000 Total.Project Cost: A. No approved Federal or New Jersey Affirmative Action Plan..W. a will complete Report Form .AA201-A upon receipt from the _.... ..__. B. Approved Federal or New Jersey Plan—certificate enclosed I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. Date Authorized Signature and Title Page 51 of 157 P.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the performance.of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color,.national origin, ancestry, marital status,, sex, affectional,or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age; race;creed,color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action. shall include, .but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation.; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment; notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause. The contractor or subcontractor, where applicable will, in, all solicitations or advertisement for employees placed by or on .behalf of the contractor, .state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor or subcontractor, where:applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding; a .._ . notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees.and applicants for employment. The contractor or subcontractor,where applicable, agrees to comply with any regulations promulgated by the:Treasurer pursuant to P.L. 1975,c. 127,.as,amended and supplemented from time to time and the Americans with Disabilities Act.. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the; applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, CA 27, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to :N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform in writing appropriate recruitment.agencies in the area,,including employment agencies, .placement bureaus, colleges; universities, labor unions; that it does not discriminate on the basis of age, creed, color, national origin; ancestry; marital status, sex, affectonal`or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The.contractor or subcontractor agrees.to revise any of it testing procedures, if necessary; to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions.. Page 52 of 157 The contractor or subcontractor agrees to review all procedures relating to. transfer.,_ upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the; applicable employment goals, consistent with the statutes and court decisions of ithe State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Off.ice..as may be.requested by the office:from time to time in order to carry out the.purposes of these regulations, and, public agencies shall furnish such information. as may be; requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of fhe Administrative Code(NJAC 17:27). NIA Signature of Procurement Agent E Page 58 of 157 DOC#11 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Public Agency Instructions This page provides.guidance to public agencies.entering into contracts with,business entities that are required to file. Political Contribution Disclosure forms with the agency. It is not intended to be: Provided.to contractors.:What follows are.instructions on the use of form local units can provide to, contractors that are required to disclose political contributions pursuant to.N.J:S.A. 1.9:44A-20.26(P.L. 2005, c. 271, s:2). Additional information on the process is available in Local,Finance Notice 2006-1 (www.ni:gov/dca/Igs/Ifns/lfn menu.shtm1).. 1. The disclosure i.s required for all contracts in excess of$17,500.that are not awarded pursuant.to a "fair and open" process N( J.S•A• 19:44A-20.7). 2. Due to the potential length of some contractor submissions,the public:agency should consider allowing; data to be submitted in electronic form(i.e.,spreadsheet, pdf file, etc.). Submissions must be keptwith the contract documents or in an appropriate computer file and be available for public access:. The form. is worded to accept.this alternate submission. The text should be amended if electronic submission will not be allowed. 3. The submission must be received from the contractor and on file at.least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file. 4; The contractor must disclose contributions made to candidate and party committees covering a wide, range of public agencies, including all public agencies that have elected off.icials:in the county of the public agency, state legislative positions, and various state entities.The Division of.Local..Government .Services recommends that contractors be provided a list of the affected agencies. This will assist: contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure.., a..The Division has prepared model disclosure forms for each county. They can be downloaded from,the"County.PCD.Forins" link on the Pay-to-Play web site atwww.ni'govIdea/Igs1p2p: They will be updated from time-to-time as necessary: b. A public agency using these forms should edit them to properly reflectthe correct legislative d'istrict(s). As the forms are county-based, they list all legislative districts in each county. Districts that do.not represent the public agency should be removed from the lists. c. Some contractors may find it easier to provide a single list:that covers all,contributions;regardless of the county. These submissions are.appropriate and should be:accepted. d. The form may be used "as-is", subject to edits as described herei.n.. e: The"Contractor instructions" sheet is intended to be provided with the form. It is recommended that the,Instructions,and the form.be printed on the same piece.of paper: The form notes that the Instructions are printed on.the back of the form; where that is. not.the case, the text should be edited accordingly, f. The form is a Word document and can be:edited to meet local needs, and posted for download on web sites, used as.an e-mail attachment, or provided,as a printed document. 5: It is recommended that the contractor also complete a'"Stockholder Disclosure Certification." This will assist the local unit in its.obligation to ensure that contractor.did not make any prohibited.contributions to the committees listed on the Business Entity Disclosure Certification in the 1,2 months prior to the contract: (See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not,applicable to Boards of Education. r Page 54 of 157 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions Business entities (contractors) receiving.contracts from a public agency that are NOT awarded pursuant to a "fair and open" process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c,,271, s..2 (N.J.S.A. 10.44A-20.26). This law providesthat 10 days prior to the award of such:a contract, the contractor shall disclose contributions to:_ any State,;county, or municipal committee of a political party ® any legislative leadership committee' any continuing political committee (a.k.a., political action committee) any candidate committee of a candidate for,.or holder of, an elective office: .o of the public entity awarding the contract o of that.county in which that public,entity is located 0 of another public entity within that county 0 or of a legislative district in which that public entity is located or,when the public entity is a county, of any legislative district.which includes all or part of the county. The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the. 12 months prior to award of the contract. See N.J.S.A.. 19:.44A-8 and 19:44A-16 for more details on reportable contributions.. N.J.S.A. 19:44A-20.26 itemizes:the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following: individuals with an "interest"ownership or control of more:than 10%.of the profits or assets of a business entity or 1'0%.of the stock in the.case of a business entity that is a corporation for profit all principals, partners, officers, or directors of the business:entity or their spouses any subsidiaries directly or indirectly controlled by the business entity IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing.as continuing political.committees, (PACs). When the business entity is a natural person, "a contribution by that person's spouse or child, residing therewith,shall be deemed to be.a contribution.by the business entity."[N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that fails to complywith the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the,amount that the business entity failed to report. The enclosed list of agencies is provided to assist-the contractor in identifying those public agencies Whose:elected.official and/or_candidate campaign committees are:affected'by the disclosure requirement. It is the contractor's responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement:..The enclosed form, a content=bonsistent,facsimile, or an electronic data file containing the.required details.(along:with a signed cover sheet)' may be used as the contractor's submission and.is disclosable to:the public under the Open Public Records Act, The contractor must also complete the attached StockholderDisclosure Certification. This..will assist the agency in meeting its obligations under the law. NOTE; This section.does not apply to, Board of Education contracts: N.J.S.A. 19:44A-3(s): "The term"legislative leadership committee"means:a:committee established, authorized to be established, or designated by the President of the Senate., the Minority Leader of the Senate,the Speaker of the.General Assembly or the Minority Leader of the General.Assembly pursuant.to section 16 of P..L.1993, c.65 (C.19:44A-10.1)for the purpose of receiving contributions and making expenditures." C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required. Pursuant To. N.J.S.A. 19:44A-20.26 Page 55 of 157 This form or its permifted facsim.ile must be submitted to the focal unit no later than 10 days prior to the award of the contract. 'tt f- ,t3atat'itzfix'txzti: t) t N/A Vendor Name: Address: city: I State: Zip: The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20,20 and as represented by the Instructions,accompanying this form. Signature Printed Name Title: Part 11— Contribution Disclosure Disclosure requirement: Pursuant to N_J.S.A 19:44A-20 26 this disclosure must include all reportable political contributions:(more than$300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit. .Check here if disclosure is provided in,electronic form. Contributor Name Recipient Name Date Dollar Amount` Q Check here if the information is.-continued on subsequent page(s) Page 56 of t57 Continuation Page C. 271 POLITICAL.CONTRIBUTION DISCLOSURE FORM Required Pursuant To NAS.A. 19:44A-20.26 Page _of Vendor Name: Contributor Name. Recipient Name Date Dollar Amount ❑ Check here if the information is continued on subsequerit page(s) Page 57 of 157 List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 County'Name: State: Governor;and Legislative Leadership Committees Legislative District.#s.: State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff {County Executive} Surrogate Municipalities (Mayor and members of governing body; regardless of title):. USERS SHOULD CREATE THEIR OWN FORM, OR. DOWNLOAD FROM Usti W.NJ.GOV/DC.AJL S/PAPA COUNTY-DASEDr GUSTOMIZABLE.FORK Page 58 of 167 DOC#12 STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business:,,, 0 I certify that the list below contains the names and,home addresses.of all. stockholders holding 10%. or more of the issued and outstanding stock of the undersigned. OR M I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned;. Check.the box that represents the type-of business organization: UPartnership Corporation p Sole-Proprietorship Limited Partnership ®Limited Liability Corporation Limited Liability Partner hi Subchapter S Corporation Sign and.notarize the form below, and; if necessary; complete.the Stockholder list below'. Stockholders. Name: Name: Home Address; N/A. Home Address: Name: Name: Home Address: Home Address Name: Name: Home Address: Home Address: Subscribed and.sworn before me this_day of 2 (Affiant): (Notary Public) My Commission expires: (Print.name&title of affiant) (Corporate-Seal Page 59 of 157 Appendix 1: STATE NOTICE Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with TCPN and access the Vendor Contract award made pursuant to this solicitation, and hereby given notice of the foregoing request for proposals for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama State of Hawaii State of Massachusetts State of New State of South Mexico Dakota State of Alaska State of Idaho State of Michigan State of New State of York Tennessee State of Arizona State of Illinois State of Minnesota State of North State of Texas Carolina State of Arkansas State of Indiana State of Mississippi State of North State of Utah Dakota State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of State of Virginia Oklahoma State of State of State of Nebraska State of Oregon State of Connecticut Kentucky Washington I' State of Delaware State of State of Nevada State of State of West Louisiana Pennsylvania Virginia State of Florida State of Maine State of New State of Rhode State of Wisconsin Hampshire Island State of Georgia State of State of New Jersey State of South State of Wyoming Maryland Carolina District of Columbia Lists of political subdivisions and local governments in the above referenced states/districts may be found at http://www.usa.gov/Agencies/State and Territories.shtmI and http://www.usa.gov/Agencies/Local.shtmi Certain Public Agencies and Political Subdivisions: Cities, Towns, Villages, and Boroughs in California including but not limited to: LOS ANGELES CITY HALL DOWNEY CITY HALL COMMERCE CITY HALL EL SEGUNDO CITY HALL VERNON CITY HALL GARDENA CITY HALL WEST HOLLYWOOD CITY HALL CITY OF HAWTHORNE CITY OF BELL CITY OF HERMOSA BEACH BELL GARDENS CITY HALL HUNTINGTON PARK CITY HALL CUDAHY CITY HALL LAWNDALE CITY HALL BEVERLY HILLS CITY HALL LYNWOOD CITY HALL CITY OF COMPTON MALIBU CITY HALL CULVER CITY CITY HALL MANHATTAN BEACH CITY HALL Page 60 of 157 NEWPORT CITY HALL DAYTON CITY HALL NORTHPORT CITY HALL KAHLOTUS CITY HALL OAKESDALE CITY HALL KENNEWICK CITY HALL ODESSA CITY HALL TOWN OF LIND PALOUSE CITY HALL MESA CITY HALL PULLMAN CITY HALL OTHELLO CITY HALL CITY OF REPUBLIC HATTON CITY HALL RITZVILLE CITY HALL POMEROY CITY HALL ROSALIA CITY HALL CITY OF PRESCOTT ST JOHN CITY HALL TOWN OF MATTAWA CITY HALL SPRINGDALE TOWN HALL CITY OF PROSSER UNIONTOWN CITY HALL RICHLAND CITY HALL TOWN OF WILBUR CITY HALL CITY OF WEST RICHLAND SPOKANE CITY HALL ROYAL CITY CITY HALL MILLWOOD TOWN HALL STARBUCK CITY HALL SPOKANE VALLEY CITY HALL WAITSBURG CITY HALL PASCO CITY HALL WALLA WALLA CITY HALL BENTON CITY CITY HALL WASHTUCNA TOWN HALL CITY OF COLLEGE PLACE ASOTIN CITY HALL CONNELL CITY HALL CLARKSTON CITY HALL Counties in Washington including but not limited to: KING COUNTY CLARK COUNTY SNOHOMISH COUNTY CHELAN COUNTY WHATCOM COUNTY GRANT COUNTY ISLAND COUNTY OKANOGAN COUNTY SAN JUAN COUNTY DOUGLAS COUNTY SKAGIT COUNTY YAKIMA COUNTY CLALLAM COUNTY KITTITAS COUNTY KITSAP COUNTY WHITMAN COUNTY JEFFERSON COUNTY STEVENS COUNTY PIERCE COUNTY LINCOLN COUNTY ,THURSTON COUNTY PEND OREILLE COUNTY LEWIS COUNTY FERRY COUNTY GRAYS HARBOR-COUNTY ADAMS COUNTY MASON COUNTY_ SPOKANE COUNTY PACIFIC COUNTY FRANKLIN COUNTY WAHKIAKUM COUNTY COLUMBIA COUNTY KLICKITAT COUNTY GARFIELD COUNTY COWLITZ COUNTY BENTON COUNTY SKAMANIA COUNTY WALLA WALLA COUNTY K-12 in Washington including but not limited to: BENGE SCHOOL DISTRICT 122 RICHLAND SCHOOL DISTRICT 400 LIND SCHOOL DISTRICT 158 CASHMERE SCHOOL DIST 222 OTHELLO SCHOOL DISTRICT 147 ENTIAT SCHOOL DISTRICT 127 RITZVILLE SCHOOL DISTRICT 160 LAKE CHELAN SCHOOL DIST 129 WASHTUCNA SCHOOL DIST 109-43 CASCADE SCHOOL DIST 228 ASOTIN-ANATONE SCH DIST 420 MANSON SCHOOL DISTRICT 19 CLARKSTON SCH DIST J-250-185 WENATCHEE SCHOOL DISTRICT 246 FINLEY SCHOOL DISTRICT 53 CAPE FLATTERY SCH DIST 401 KENNEWICK SCHOOL DISTRICT 17 CRESCENT SCHOOL DISTRICT 313 KIONA-BENTON CITY SCH DIST 52 PORT ANGELES SCHOOL DIST 121 PATERSON SCHOOL DISTRICT 50 QUILLAYUTE VALLEY SCH DIST 402 PROSSER SCHOOL DISTRICT 116 SEQUIM SCHOOL DISTRICT 323 Page 151 of 157 SOUND ENERGY SYSTEMS To: Kelle Medcalf Email: KelleM@co.mason.wa.us 3409 South 37d'Street Tacoma,WA 98409 253-475-3525 Fax 253-472-2974 Proposal Number: WA-R170602-308506 A division of Carl T.Madsen,Inc. RE: Mason County Public Works—KMC Controls programming Omnia Partners Schneider Electric Contract R170602 Date: October 30, 2020 PROPOSAL SUMMARIES Kelle, Thank you for the opportunity to submit a proposal for the above project.Attached is Sound Energy System's proposal to provide programming and control modifications to the existing KMC system. We have included replacing the existing KMC graphics user interface with a Honeywell Web-based system.Many customers find this type of interface to be much easier to use. We included costs to install a workstation(owner provided)in the mechanical room for use by maintenance staff. We also included an Add Alternate Option 1,to perform a full point-to-point testing of the complete system.Which includes as part of our price,the cost to hire Bradley Air Company to assist in the final testing of the system. At completion,Mason County Public Works Department will have a system that is virtually a new system,without the cost of replacing any of the controllers or sensors. Please do not hesitate to contact us should you have any questions. Sincerely, David VanVolkenburg Service Manager Sound Energy Systems Phone: 253-475-3525 Cell:253-405-8701 Base-Scope of Work: Provide Technical labor to reprogram the entire KMC control system. Sound Energy Systems will start from scratch to program the control system to meet the existing documented sequence of operations.A new workstation will be provided and installed in Powered by @iaggraEWORKe FRAM TRiD!UM' 0 CD P-J _T F=3 CD L S H n ey w I Let, Confidential information Information included in this proposal shall not be shared without written permission 1IPage mmmSOUND ITS ENERGY SYSTEMS Proposal Number: WA-R170602-308506 RE: Mason County Public Works—KMC Controls programming Omnia Partners Schneider Electric Contract R170602 the mechanical space in the administration building 1 for the mechanical contractor's use to perform maintenance on the system.This new workstation will be connected to the owner's network switch located in building 1. A new Building Controller will be installed and required communication wiring will be replaced. Add Alt Option 1 -Full Point-to-Point checkout of all DDC controlled equipment will be performed at completion of project and a report will be generated and provided to the owner. The control system will remain on the owner's network when completed. Base Includes: • (1) Day to review the control system to determine if additional router/repeaters have been installed beyond what was shown on the existing control drawings, review wire type and installation of communication wiring • Review and document all DDC controllers are communicating properly prior to any work being performed. Provide a written report to owner of findings.The following will be included in report: ➢ Complete list of controller communication status ➢ List of noted sensors not functioning ➢ List of any noted issues and recommended solutions • Systematically reprogram offline every controller per the documented sequence of operation listed on the CCI drawings dated as-build 3-6-09 • Test programming at Sound Energy Systems office to debug any issue prior to downloading new programming in existing controller. • Provide and installation of required number of Routers,enclosures, conduit, and wire • Provide one new Building controller located in the MDF room,administration building 1, connected to the owners managed switch • Provide one new workstation to be installed in the mechanical space in the Administration building 1,including required CAT-6 cabling between the new Workstation and the new Building controller. • Provide one copy of KMC Connect software to be loaded on new building controller. • Provide and license all development software. Development software allows owner(Owners rep)to modify/upload/download controller code for all parts of the control system.This includes both the KMC and Honeywell controls installed at this facility. • Required man-lift equipment • New routers will be connected to owner's network in building 1 • New wiring will be ran using plenum rated cable as allowed by NEC code. .._.................. Schn Oder Ei e �iKroll C C7 N T l::� CD L E3 Confidential information Information included in this proposal shall not be shared without written permission SOUND ENERGY SYSTEMS Proposal Number: WA-R170602-308506 RE: Mason County Public Works—KMC Controls programming Omnia Partners Schneider Electric Contract R170602 • Provide control drawings of new equipment provided as part of this project, including a drawing showing the new architecture of the system. • Swing shift labor costs for work performed in the workspaces of the Administration building 1 • Provide and load a new Honeywell's WEB-Based Graphics software on the Building Controller. Please Note: Building controller is an Industrial PC(IPC)running Windows 10 professional • Generate new graphics to reflect existing KMC controlled equipment ✓ Animated Graphics are included ✓ One click point history charts ✓ All physical 1/0 will be trended ✓ Easy onscreen equipment time-based overrides ✓ Equipment Failure alarms will be setup using existing equipment status points ✓ Equipment Matrix text screens • Two(4-Hour)on-site owner training classes on operating of the system • 5-Year Software Maintenance Agreement license(SMA).This entitles owner to free Honeywell software upgrades during the life of the license.The latest version of the software will be installed at the time of this project completion. Any future software upgrades within the 5-year license will be free,but the installed Labor cost to install upgrades is not included in the price of this proposal. Add Alternative Option 1 —Provide Point to Point testing of system Includes: • Testing of every DDC point for proper control • Subcontracting cost to have Bradley Air participate in testing and review • Provide the owner with a report of testing findings Pricing is based on the following assumptions: ......_.............—____,_,__- _.._.___ ...____ ___—_.._. 3 Page S c h, n eid e r ......... .............. Elounic Honeywe.,;` C O N TR CD LE3 Confidential information Information included in this proposal shall not be shared without written permission SOUND ENERGY SYSTEMS Proposal Number: WA-R170602-308506 RE: Mason County Public Works—KMC Controls programming Omnia Partners Schneider Electric Contract R170602 • Where existing communication is already installed in conduit, new wire will be pulled inside existing conduit. If EMT fill level exceeds NEC maximum fill capacity, Sound Energy Systems shall install plenum rated communication cable outside of conduit and install it to minimize visibility of the new wire.The wiring will be installed in a professional manner. • Where the Building to Building communication exists and the wiring is required to be replaced, underground wiring can be easily replaced without any replacement of existing buried conduit. Replacing any underground conduit is specifically excluded. Not Included Items • Labor or material to repair non-functioning DDC equipment • Any cost to hire Bradley Air unless(Option 1 is approved) • Providing any furniture for the new PC, located in the mechanical space(Owner to provide desk) • Providing desktop computer for Mechanical Space(Owner Provided equipment) • Providing any Computer hardware or OS upgrades(Owner shall provide if required) • Labor to install future upgrades after project is completed. • Testing of any none DDC controlled equipment • Any costs to troubleshoot/repair mechanical equipment • Point-to-Point checkout of existing equipment(Unless Alt Option 1 is approved) • Shift Differential(other than what is specifically included above) • Water or Air Balancing • Cost to upgrade any existing electrical installation to current NEC standards • Painting, Patching, Ditching,digging, or Saw cutting 4 Page All A& SechneledlEnr � . Electric -r- neywtell CCD rJ7RCD L_ S Confidential information Information included in this proposal shall not be shared without written permission SOUND ENERGY SYSTEMS Proposal Number: WA-R170602-308506 RE: Mason County Public Works—KMC Controls programming Omnia Partners Schneider Electric Contract R170602 Below are some examples of typical graphics screens included in this proposal: u 1p:•� t 7 �� R er 9�¢9d9lkfvm9 - s y 6eFP1 lv Ridge Fligh School d ��y � 3 s� -�>.- ��;� N.0`F..¢ ➢ ill�������Vi �ail° �.�h�{���I�� 1 � l . 310 �I�A T �. ysO• 116 ., al `� ' FRaitRcg .b fiALSC--. �T2 �� T �j Aln. F ov M p IbnO` fUoa CN ..> ..• AVs_ 13aaesti[NYD 4 • 1 j 1 ppp� C Id -- J10 31l 311 313 334 Xr+emais !I^^QaM 0.1 F �: � .:...� ,vea.N.1% i N.6T v: zc N.J aF � 09.9 aFari 65.1%•.. /i Schn W4=11 x a Y>t A Y w'.. lea is Hkit-obneywell CCDNTRCD LB Confidential information Information included in this proposal shall not be shared without written permission SOUND ENERGY SYSTEMS Proposal Number: WA-R170602-308506 RE: Mason County Public Works—KMC Controls programming Omnia Partners Schneider Electric Contract R170602 — : .... - —_ -- ---------------- -- Ica �, River,Riidge Hig>, School ,.r Fim,tiefW� 'il8 F Nr �eei Faf iarolu9htc; :mmrctcNal:h IMLuv-, Yr�lwiq .. F,bNidei 4 Trend: IUnq C®le Y J 6 Page S C h—-n eid.e r ElectricHO'N-neywellC: CO NTRO LB Confidential information Information included in this proposal shall not be shared without written permission p p a G fD CD M-V CD _ ? rrsl ac D a e !' 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J.. ........ .... ..._.. ..............................e............................................. ........._......... .. .... ............................................. .... ....................................................... .... .. i O}Yn t52tRsfvP3T sulm c3m,_1.,f.sMv3* f.a+15iS.n .},ar.t si..f3w� a*bri<).v.f>giPsi f}Sn�i3f:.w3nRt of w5sys..V:Nfv,3l Of>»163.9seM PS' 0!le+I53:�f:9lx r.�ti 8 Page Schnffl er lectr=aC H(rome-vwell C O N T R O L S Confidential information Information included in this proposal shall not be shared without written permission SOUND ENERGY SYSTEMS Proposal Number: WA-R170602-308506 RE: Mason County Public Works—KMC Controls programming Omnia Partners Schneider Electric Contract R170602 _.. a z., ;.��.=#;�'�.,���r_.:.�.,,.� ���_ �a..:�= .�:.,:;�- ��r�s1s �x,:�..��,,. „�.z�.:a .._ t !c>„„ ��,�'�- ,�.�.,. .�_ >r,•�;.xts„�,�`-�.�. a .sY„�;:;,..,,� ................. i a kd y ................—.... —'—__—_—_ rnM, emw� i r r t 9 Page Schneider iVEIettric C� CD N T R CD L_ S Confidential information Information included in this proposal shall not be shared without written permission SOUND ENERGY SYSTEMS Proposal Number: WA-R170602-308506 RE: Mason County Public Works—KMC Controls programming Omnia Partners Schneider Electric Contract R170602 Base Price: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $98,282.05 Add Alt Option 1 (Point-to-Point testing): . . . . . . . . . . . . $17,583.81 Accepted, Rejected ***Tax will be added to price at time of invoicing*** Price good for 60 days of this proposal This proposal and the pages attached shall become a contract only upon signature below in space titled"Approved for Sound Energy Systems. And upon continuance of credit approval by Sound Energy Systems. No waiver,change,or modification of any terms or conditions on this agreement shall be binding on Sound Energy Systems unless made in writing and signed by an officer or authorized manager of Sound Energy Systems. Sound Energy Systems: (customer): By David VanVolkenburg By Service Manager Title Signature Approved for Sound Energy Systems. Title By Date Title Date __.__....__... _. ............ ---___._..__ 10 Page Schneider r KI%A ;F,:1�1,1&11-'1E1oa- it Himne, C O NT R O L. S Confidential information Information included in this proposal shall not be shared without written permission SOUND ENERGY SYSTEMS Proposal Number: WA-R170602-308506 RE: Mason County Public Works—KMC Controls programming Omnia Partners Schneider Electric Contract R170602 TERMS AND CONDITIONS By accepting this proposal,Purchaser agrees to be bound by the following terms and conditions: 1. Scope of Work. This proposal is based upon the use of straight time labor only. Plastering,patching and painting are excluded. "In-line"duct and piping devices,including,but not limited to,valves,dampers,humidifiers,wells,taps,flow meters,orifices,etc.,if required hereunder to be furnished by Sound Energy Systems,Inc.,unless noted otherwise,shall be distributed and installed by others under Sound Energy Systems'supervision,but at no additional cost to Sound Energy Systems,Inc. Purchaser agrees to provide Sound Energy Systems with required field utilities(electricity,toilets, drinking water,project hoist,elevator service,etc.)without charge. Sound Energy Systems,Inc.agrees to keep the job site clean of debris arising out of its own operations. Purchaser shall not back charge Sound Energy Systems,Inc.(SES)for any costs or expenses without their written consent. Unless specifically noted in the statement of the scope of work or services undertaken by SES under this agreement,SES's obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification,abatement,clean up,control,removal,or disposal of environmental hazards or dangerous substances,to include but not be limited to asbestos or PCB's,discovered in or on the premises. Any language or provision of the agreement elsewhere contained which may authorized or empower the Purchaser to change,modify,or alter the scope of work or services to be performed by SES shall not operate to compel SES to perform any work relating to hazards without SES's express written consent. 2. Invoicing&Payments. Sound Energy Systems may invoice Purchaser monthly for all materials delivered to the jobsite or to an off-site storage facility and for all work performed on-site and off-site. Purchaser shall pay SES at the time purchaser signs this agreement an advance payment equal to 20%of the contract price,which advance payment shall be credited against the final payment(but not any progress payment)due hereunder and purchaser agrees to pay SES additional amounts invoiced upon receipt of the invoice. Waivers of lien will be furnished upon request,as the work progresses,to the extent payments are received. If SES's invoice is not paid within 30 days of its issuance,it is delinquent. 3. Materials. If the materials or equipment included in this proposal become temporarily or permanently unavailable for reasons beyond the control and without the fault of SES,then in the case of such temporary unavailability,the time for performance of the work shall be extended to the extent thereof,and in the case of permanent unavailability,SES shall(a) be excused from furnishing said materials or equipment,and(b) be reimbursed for the difference between the cost of the materials or equipment permanently unavailable and the cost of a reasonably available substitute therefor. 4. Warranty. SES warrants that the equipment manufactured by it shall be free from defects in material and workmanship arising from normal usage for a period of one(1)year from delivery of said equipment,or if installed by SES,for a period of one(1)year from installation. SES warrants that for equipment furnished and/or installed but not manufactured by Honeywell,SES will extend the same warranty terms and conditions which SES receives from the manufacturer of said equipment. For equipment installed by SES,if Purchaser provides written notice to SES of any such defect within thirty(30)days after the appearance or discovery of such defect,SES shall,at its option,repair or replace the defective equipment. For equipment not installed by SES,if Purchaser returns the defective equipment to SES within thirty(30)days after the appearance or discovery of such defect,SES shall,at its option,repair or replace the defective equipment and return and return said equipment to Purchaser. All transportation charges incurred in connection with the warranty for equipment not installed by SES shall be bome by Purchaser. These warranties do not extend to any equipment which has been repaired by others,abused,altered,or misused,or which has not been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. 111Page S! c h-n ei e r e,F-Doctric Hone-vwell CCDNTRCDLS3 Confidential information Information included in this proposal shall not be shared without written permission SOUND ENERGY SYSTEMS Proposal Number: WA-R170602-308506 RE: Mason County Public Works—KMC Controls programming Omnia Partners Schneider Electric Contract R170602 5. Liability. SES shall not be liable for any special,indirect or consequential damages arising in any manner from the equipment or material furnished or the work performed pursuant to this agreement. 6. Taxes. The price of this proposal does not include duties,sales,use,excise,or other similar taxes,unless required by federal state or local law. Purchaser shall pay,in addition to the stated price,all taxes not legally required to be paid by SES or,alternatively,shall provide SES with acceptable tax exemption certificates. SES shall provide Purchaser with any tax payment certificate upon request and after completion and acceptance of the work. 7. Delays. SES shall not be liable for any delay in the performance of the work resulting from or attributed to acts of circumstances beyond SES's control,including,but not limited to,acts of God,fire,riots,labor disputes,conditions of the premises,acts or omissions of the Purchaser,Owner, or other Contractors or delays caused by suppliers or subcontractors of SES,etc. 8. Compliance with Laws. SES shall comply with all applicable federal,state and local laws and regulations and shall obtain all temporary licenses and permits required for the prosecution of the work. Licenses and permits of a permanent nature shall be procured and paid by the Purchaser. 9. Disputes. All disputes involving more than$15,000.00 shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall recover all legal costs and attorney's fees incurred as a result. Nothing here shall limit any rights under construction lien laws. 10. Insurance. Insurance coverage in excess of SES's standard limits will be furnished when requested and required. No credit will be given,or premium paid by SES for insurance afforded by others. 11. Indemnity. The Parties hereto agree to indemnify each other from any and all liabilities,claims,expenses,losses or damages,including attorneys' fees,which may arise in connection with the execution of the work herein specified and which are caused,in whole or in part,by the negligent act or omission of the Indemnifying Party. 12. Occupational Safety and Health. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under,or any alleged violation of the Occupational Safety and Health Act relating in any way to the project or project site. 13. Entire Agreement. This proposal,upon acceptance,shall constitute the entire agreement between the parties and supersedes any prior representations or understandings. 14. Changes. No change or modification of any of the terms and conditions stated herein shall be binding upon SES unless accepted by SES in writing. _...___........ ................ ..........__.----_.__.....__..._....._ 12 Page Sch-ne"IdeffWA Eloctric -rmeywel HU COIVTRCD LS Confidential information Information included in this proposal shall not be shared without written permission