Loading...
Contract 2024-020ADocuSign Envelope ID: F99C23FD-11E4-4DFA-8C2C-EDOCOBB19D6C AGREEMENT No. 2024-020 FACILITY SECURITY SYSTEMS THIS AGREEMENT is made and entered into this 14th day of February 2024, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and CONVERGINT TECHNOLOGIES LLC, whose address is: One Commerce Drive, Schaumburg, IL 60173, (hereinafter referred to as "CONTRACTOR"). WHEREAS, Sourcewell through the public procurement process awarded an Agreement for, Facility Security Systems Contract Number 030421-CTL; WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the Sourcewell Contract Number 030421-CTL; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: SCOPE OF WORK The CONTRACTOR shall furnish Facility Security Systems as described in the Sourcewell Contract Number 030421-CTL, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in the CITY's purchase order. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. 2. THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and incorporated herein. 3. TERM AND TERMINATION A. This Agreement is to become effective upon execution by both parties, and shall remain in effect until Tuesday, April 22, 2025 unless terminated or renewed by Sourcewell. B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general DocuSign Envelope ID: F99C23FD-11E4-4DFA-8C2C-EDOCOBB19D6C Piggyback Agreement Facility Security Systems assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement, provided CONTRACTOR receives notices and a reasonable cure period; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. In the event of termination under subsection (a), CONTRACTOR shall be entitled to reimbursement of all material costs incurred as a result of its performance under this Agreement. C. Upon mutual Agreement of the parties, this Agreement may be renewed for one (1) additional one (1) year renewal. 4. PROVISION OF SERVICES AND COMPLETION OF WORK A. The CONTRACTOR shall only provide to CITY the services contained under the Scope of Work upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in Sourcewell Contract Number 030421-CTL or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas, and bio-diesel so as to comply with the warranties and specifications hereof. D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. 1 DocuSign Envelope ID: F99C23FD-11E4-4DFA-8C2C-EDOCOBB19D6C Piggyback Agreement Facility Security Systems E. Warranties for CONTRACTOR'S services and product are described in the Limited Warranty for Products and Services available at https://www.convergint.com/terms/, which is in effect as of the effective date of the Agreement and is incorporated by reference herein in full. 5. PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed product delivered and services provided, within thirty (30) calendar days of receipt of the invoice. 6. DISPUTE RESOLUTION - MEDIATION A. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. C. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 7. INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 7.2. CONTRACTOR's Commercial General Liabilitv Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages 2 DocuSign Envelope ID: F99C23FD-11E4-4DFA-8C2C-EDOCOBB19D6C Piggyback Agreement Facility Security Systems which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows: A. CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. Indemnification Rider A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, to the extent caused from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible personal property (other than the Work itself) , and (2) is caused by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article; however, this indemnification does not include the acts of negligence, damage or losses caused by the CITY and its other contractors. B. In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. D. Although certain products provided by CONTRACTOR may be capable of processing biometric information, CITY acknowledges that CONTRACTOR is not processing any biometric information under the Agreement and CITY is solely responsible for compliance of such processing with privacy and data protection laws. To the extent DocuSign Envelope ID: F99C23FD-11E4-4DFA-8C2C-EDOCOBB19D6C Piggyback Agreement Facility Security Systems CITY elects to process biometric information using the products provided under the Agreement, CITY will defend, indemnify, and hold CONTRACTOR harmless from and against any and all claims, suits, actions, legal proceedings, liabilities, damages, fines, fees, penalties, costs and expenses arising out of or relating to CITY's negligence, improper use of products, or any failure to comply with applicable laws, rules, and regulations in connection with biometric information. E. EXCEPT AS PROVIDED HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL: (1) CITY OR CONTRACTOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COMMERCIAL LOSS, LOSS OF USE, OR LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (2) THE AGGREGATE LIABILITY OF CONTRACTOR AGREEMENT EXCEED 100% OF THE CONTRACT VALUE OF THIS AGREEMENT. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. THE LIMITATION SET FORTH HEREIN SHALL APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY. 8. NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. A. CONTRACTOR: Convergint Technologies LLC Attn: Steve Lauer, Senior Account Executive One Commerce Drive, Schaumburg, IL 60173 A. OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street, Clermont, FL 34711 9. MISCELLANEOUS 4 DocuSign Envelope ID: F99C23FD-11E4-4DFA-8C2C-EDOCOBB19D6C Piggyback Agreement Facility Security Systems 9.1. Attorneys' Fees In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 9.2. Waiver The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 9.3. Severability If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 9.4. Amendment Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 9.5. Entire Agreement This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 9.6. Assianment Except in the event of a merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. Notwithstanding the foregoing, this Agreement may be assigned by CONTRACTOR without notice or consent in connection with a merger, reorganization, acquisition, sale of all or substantially all of the equity interests of CONTRACTOR, or a sale of all or substantially all of the assets of CONTRACTOR to which this Agreement relates. 9.7. Venue The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 9.8. Applicable Law This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. DocuSign Envelope ID: F99C23FD-11E4-4DFA-8C2C-EDOCOBB19D6C Piggyback Agreement Facility Security Systems 9.9. Public Records Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: A. Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. B. Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. E. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. 10. AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: A. This Agreement B. Purchase Order / Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in the Sourcewell Contract Number 030421-CTL. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 5th day of March 2024. 0 DocuSign Envelope ID: F99C23FD-11E4-4DFA-8C2C-EDOCOBB19D6C Piggyback Agreement Facility Security Systems CITY OF CLERMONT DocuSigned by: LEA Y-)C 5&C4✓... Tim Murry, Mayor DS ATTEST: DocuSigned by: FT � �c H"e 0,\3 ; T34C0�7044�\... Tracy Ackroyd Howe, City Clerk 7 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C CONVERGINT TECHNOLOGIES LLC DocuSigned by: B y' �f: �✓^6 ✓3G... (Signature) Print Name: Ch ri s wi se Title: General Manager Date: 3/5/2024 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL Sourcewell -PA' Solicitation Number: RFP #030421 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Convergint Technologies LLC, One Commerce Drive, Schaumburg, IL 60173 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Facility Security Systems, Equipment, and Software with Related Services from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires April 22, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor offers a one- year warranty on labor and will pass through any manufacturer warranty to the Participating Entity. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Rev. 10/2020 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Rev. 10/2020 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. Vendor reserves the right to contract through its Canadian entity, as applicable. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government - owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Rev. 10/2020 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. Vendor will present additional terms related to the discovery, or suspected presence of, hazardous materials at the facility where services are to be performed, and not introduced to the site by Vendor, in the transaction documentation. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. Rev. 10/2020 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted Rev. 10/2020 6 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. Rev. 10/2020 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the negligent act or omission in the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. To the fullest extent allowed by law, Vendor will not be liable for special, indirect, incidental, or consequential damages, including commercial loss, loss of use, or lost profits (whether as a direct or consequential damage) even it that party has been advised of the possibility of such damages. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and Rev. 10/2020 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-ED000BB19D6C 030421-CTL promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable Vendor, shall protect, defend, indemnify and hold harmless Sourcewell and its Participating Entities, and all others claiming under them from and against any and all actions, proceedings, claims, losses, demands, causes of action, liabilities, damages and expenses (including reasonable attorneys' fees) arising from or by reason of any actual or alleged infringement of any U.S. patent, copyright, trademark or other corresponding right, or any litigation based thereon, with respect to the equipment provided by Vendor, not in combination with any other products or services. This indemnification shall not apply to the extent the infringement is due to any special designs provided by Sourcewell or a Participating Entity, or changes, modifications or unique uses by Sourcewell or the Participating Entity. Sourcewell or the Participating Entity agrees upon receiving a request from Vendor after being put on notice of such claims, to allow Vendor to defend or settle any suit or controversy, and Vendor agrees to satisfy any judgment or settlement of such claims. If a court prohibits future use of any products or services because of an infringement, then Vendor shall have the option to procure the rights to use said products or services for Sourcewell or the Participating Entity from the complaining party or replace said products or services with non -infringing goods, or to refund the purchase price of said products or services to Sourcewell or the Participating Entity. The foregoing expresses Vendor's entire and exclusive warranty and liability and Sourcewell or a Participating Rev. 10/2020 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL Entity's exclusive remedy as to infringement and Vendor will not be liable for any damages whatsoever suffered by reason of any infringement claimed, except as provided herein. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. Rev. 10/2020 10 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Rev. 10/2020 11 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence Rev. 10/2020 12 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C�_1�]�]��[�lV_\�1►[•��J:1��1�►1�Z�1:1•y�► 1�►�r9►1�7�:11► I_l:�'/_1►1�7►[�]►QK�7►��:�I:i��r�l:�'1 INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsements) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. Rev. 10/2020 13 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. Rev. 10/2020 14 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, Rev. 10/2020 15 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Rev. 10/2020 16 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Rev. 10/2020 17 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 030421-CTL Sourcewell ,Ay Dooccu'SAiigned by, By: COFD2A139DO6489... Jeremy Schwartz Title: Chief Procurement Officer Date: 4/20/2021 1 1:11 PM CDT Approved: �D�occuSigneedh Y•(p by, 7E42B8F817A64CC... Chad Coauette Title: Executive Director/CEO 4/26/2021 1 2:59 PM CDT Date: Convergint Technologies LLC Y• IDocuSigned by: LL' Nl.afLs 96467FCE70C248A... Mike Mathes Title: Executive Vice President 4/26/2021 1 12:52 PM PDT Date: Rev. 10/2020 18 DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C RFP 030421 - Facility Security Systems, Equipment, and Software with Related Services Vendor Details Company Name: Convergint Technologies LLC 4395 Nicole Drive Address: Lanham, MD 20706 Contact: Katelyn Wheeler Email: katelyn.wheeler@convergint.com Phone: 443-433-6815 HST#: 90-0881132 Submission Details Created On: Tuesday February 09, 2021 10:20:16 Submitted On: Wednesday March 03, 2021 16:06:48 Submitted By: Katelyn Wheeler Email: katelyn.wheeler@convergint.com Transaction #: 373a272c-f41 a-48a8-bOfa-19da31 f571 a6 Submitter's IP Address: 47.35.172.137 Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation). Item Question Response* 1 Proposer Legal Name (and Convergint Technologies LLC applicable d/b/a, if any): 2 Proposer Address: One Commerce Drive, Schaumburg, Illinois 60173 3 Proposer website address: www.Convergint.com 4 Proposer's Authorized Mike Mathes Representative (name, title, Executive Vice President address, email address & phone) One Commerce Drive, Schaumburg, Illinois 60173 (The representative must have Email: mike.mathes@convergint.com authority to sign the "Proposer's Phone: 714-296-8120 Assurance of Compliance" on behalf of the Proposer and, in the event of award, will be expected Ito execute the resulting contract): 5 Proposer's primary contact for this Katelyn Wheeler proposal (name, title, address, Government Contracts Administrator email address & phone): 4395 Nicole Drive, Lanham, Maryland 20706 Email: katelyn.wheeler@convergint.com Phone: 443-433-6815 6 Proposer's other contacts for this Richard Shook proposal, if any (name, title, Senior Director of Business Development address, email address & phone): 4395 Nicole Drive, Lanham, Maryland 20706 Email: richard.shook@convergint.com Phone: 440-867-0111 Table 2: Company Information and Financial Strength Line Item Question Response* 7 Provide a brief history of your company, Convergint Technologies LLC (Convergent) is headquartered in Schaumburg, Illinois including your company's core values, and has 5,000+ colleagues globally. Founded in 2001, Convergint is an industry - business philosophy, and industry longevity leading global service -based systems integrator and the 2020 #1 Systems Integrator related to the requested equipment, products of the year by SDM Magazine for the Third Year in a Row. Our expertise and or services. strategic focus are to provide comprehensive design, installation, and service (maintenance) for integrated building systems, including electronic security, fire alarm, and life safety systems. We are the world's largest security systems integrator with over 19 years of experience and "lessons learned" supporting customers. From day one, delivering value through unparalleled customer service and consistent operational excellence has been foundational at Convergint. Please see attached "Convergent Response to Sourcewell RFP" for more details. What are your company's expectations in the event of an award? Convergint expects to continue our double-digit sales growth since the inception of our original contract in 2017. Sourcewell quickly became our premier, go -to cooperative purchasing program based upon several unwavering foundational principles mutually exclusive to both of our organizations. We expect the following tenets to remain true to our founding values of quality and integrity: • Our company's core values & beliefs • Alignment of our vision & mission with the common theme of serving customers for life • Serving and giving back to our communities • Mutual goals in driving new sales and overall revenue growth Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C Demonstrate your financial strength and Convergint's financial strength and stability are proven below with our December stability with meaningful data. This could 2020 balance sheet and our separately attached Convergint audited financials from include such items as financial statements, 2019. Please see attached "Convergint Response to Sourcewell RFP" for more SEC filings, credit and bond ratings, letters details. of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. 10 What is your US market share for the Convergint is the largest security systems integrator in the US. Due to many solutions that you are proposing? national and local integrators, anyone integrator's market share is less than 5%. Please see attached "Convergint Response to Sourcewell RFP" for more details.. 11 What is your Canadian market share for the Please see attached "Convergint Response to Sourcewell RFP" for details. solutions that you are proposing? 12 Has your business ever petitioned for No, Convergint has never petitioned for bankruptcy protection. bankruptcy protection? If so, explain in detail. 13 How is your organization best described: is Convergint is an integrator, a reseller, and a service provider. Convergint utilizes its it a manufacturer, a distributor/dealer/reseller, colleagues for all tasks associated with a project. However, if a project needs or a service provider? Answer whichever additional support, Convergint will utilize its Subcontractor workforce as needed. question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 14 If applicable, provide a detailed explanation Convergint complies with all national, state, and local license requirements and is outlining the licenses and certifications that certified for the products and services we provide (if the manufacturer offers are both required to be held, and actually certification). Convergint maintains required business licenses to perform our core held, by your organization (including third business functions (security and life safety products, installation, and maintenance) as parties and subcontractors that you use) in required by the various jurisdictions and geographical locations. We also maintain pursuit of the business contemplated by this licenses required to perform the categories of work in each jurisdiction; for example, RFP. many states now require that each field colleague be state -licensed to perform work on alarm systems (low voltage) and electrical licenses to perform commercial electrical work. Convergint carries and maintains certifications required to perform our duties. We carry man -lifts, specific manufacturer certifications for software and hardware platforms, and industry certifications such as ASIS Certified Protection Professional or various levels of NICET certification. 15 Provide all "Suspension or Debarment" Convergint has not had any suspensions or debarments applied to our organization information that has applied to your in the company's history. organization during the past ten years. Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C Table 3: Industry Recognition & Marketplace Success Line Question Item 16 Describe any relevant industry awards or recognition that your company has received in the past five years 17 What percentage of your sales are to the governmental sector in the past three years 18 What percentage of your sales are to the education sector in the past three years 19 List any state, provincial, or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 20 List any GSA contracts or Standing Offers and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Response* Please see "Convergent Response to Sourcewell RFP" for full details. Convergint's sales to the government sector are approximately 15% over the past three years and rising. Convergint's sales to the education sector are approximately 12% over the past three years and rising. Please see "Convergent Response to Sourcewell RFP" for full details. Convergint is no longer processing any new orders on its GSA Schedule 84 Contract. SigNet Technologies is the Federal arm of Convergint that currently has a GSA Schedule and is responsible for federal contracts. Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * Contact Name * Phone Number* Milwaukee County Airport, WI Judah Sambo-Mahekeya 414.747.3882 Maize ISD, KS Richard Bell 316.469.8029 Dallas Love Field Airport, TX Courtly Parker 214.670.5600 Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name I Entity Type * State / Scope of Work * Size of Transactions * Dollar Volume Past Three Province * Years * Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C Orange County Education Public Schools Broward Education County School District Florida - FL In August 2016, Orange County Public Schools issued an RFP 1608-171 for Enterprise Video Management System Integration where the video solution was not specified. Convergint proposed the Avigilon platform and was selected as the sole provider for video and access control design, installation, consultation, service, and support. Convergint ranked the highest in their RFP evaluation scoring rubric, presented to the School Board, and was subsequently awarded a five-year inclusive contract. Our contract with Orange County Public Schools includes a 10% MWBE and LDB goal requirement, and we include another 3% VBE performance which we meet and exceed with our teaming partners. Regular DBE progress reports are required of Convergint by the Schools. Convergint supports their access and video system of 5,000+ cameras at 130 schools and facilities. Florida - FL In October 2017, Broward County Public Schools issued an RFP 18-124E requesting Avigilon Video Surveillance and Security Services. After the competitive procurement process, Convergint ranked the highest in the RFP evaluation scoring rubric and was selected as the sole provider for video and access control design, installation, consultation, service and support, and embedded services district. BCPS presented to the School Board its evaluation criteria and awarded Convergint with a three- year contract with two optional years valued at approximately $10,000,000. Convergint's current contract with Broward County Public Schools includes a 15% disadvantaged business (DBE) goal requirement, which exceeds our current teaming partners. The BCPS requires Convergint to supply regular DBE reports regularly. As part of the partnership with BCPS, they have added to Convergint's contract an embedded service specialist who works full-time in their facilities. 75+ projects with an average order size of $125k 50+ projects with an average order size of $124k $9.5M $6.2M Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C City of Temecula Texas State University San Bernardino County Government California - CA Since 2017, the City of Temecula has contracted with Convergint for the deployment and maintenance of a city-wide wired & wireless -based video surveillance comprised of 456 Genetec cameras, HPE-Nimble Storage, HPE Servers, Aruba Network Switch, VMWARE, Genetec — Security Center Video/Card Access/Intercom, and a Traffic Video Wall. Education Texas -TX Convergint has been contracted to install new CBORD access control solutions on new construction projects, expand the CBORD system throughout the University through a series of retrofit projects, and install Panasonic Video and integrations campus as required. Convergint provides other technology and services, including EST Fire Alarm installation and Emergency Talk -A - Phone system additions and service. Convergint worked with the University to upgrade the Intrusion system at a specific campus location and currently holds the fire alarm inspection contract for the University's campus, including intrusion monitoring. Government California - CA Since 2015, the San Bernardino Sheriffs Department has contracted with Convergint to install Genetec video surveillance at various Sheriff facilities. Our installation has included jails, headquarters, interview room system, and perimeter security cameras. 1 large project at $3.5M $4.1 M plus additional $600k work 85+ projects with an average order size of $36k 50+ projects with an average order size of $60k $3.2M $3.OM Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. mLi Ite23 Question Response' Sales force. Convergint has 275+ Account Executives and Sales colleagues in the US and Canada to market this contract to customers. 24 Dealer network or other distribution Convergint maintains strong relationships with hundreds of world leading technology methods. partners to provide customers with a choice of best -in -class solutions allowing us to provide cost-effective, customized, valued solutions and products to our customers. Instead of limiting Sourcewell and its members to one provider or one manufacturer, we promote non-proprietary systems enabling you to avoid sole source dependency while ensuring long-term system flexibility and maintaining cost-effectiveness. 25 Service force. Convergint has 110+ Convergint Technology Centers (CTCs) worldwide are open from 8 am - 5 pm local time. Emergency service requests can be called into any local office. If the call falls outside of regular business hours, then the call will be forwarded to our 24/7 call center to address the issue. Each CTC has a full team of installation and service technicians varying in numbers by CTC and region. Typically, there are between 2 to 100+ depending on the market's size. 26 Describe in detail the process and Convergint can coordinate, plan, evaluate, control, and schedule activities to meet procedure of your customer service contract deliverables. Our Service Manager can delegate the authority to make day -to - program, if applicable. Include your day operational decisions. The team can ensure that deliverables are prepared response -time capabilities and following the contract and meet all schedules outlined in the SOW. Please see commitments, as well as any incentives attached "Convergint Response to Sourcewell RFP" for more details. that help your providers meet your stated service goals or promises. 27 Describe your ability and willingness to We are the only fully capable team to provide the unique services that address provide your products and services to Sourcewell's specific needs and program requirements for this security contract Sourcewell participating entities in the because we provide key differentiators such as the following: Please see United States. attached "Convergint Response to Sourcewell RFP" for more details. 28 Describe your ability and willingness to Convergint Technologies LTD (our Canadian entity) is headquartered in Calgary, AB. provide your products and services to Convergint has 15 locations throughout Canada that offer sales and service Sourcewell participating entities in Canada. capabilities. We are the only fully capable team of over to provide the unique services that address Sourcewell's specific needs and program requirements for this security contract because we provide key differentiators such as the following: Please see attached "Convergint Response to Sourcewell RFP" for more details. 29 Identify any geographic areas of the United N/A — NOTE: Utilize contract in all of US and CAN States or Canada that you will NOT be fully serving through the proposed contract. 30 Identify any Sourcewell participating entity N/A — NOTE: Servicing all sectors with all services. No limitations. sectors (i.e., government, education, not -for - profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? Define any specific contract requirements N/A or restrictions that would apply to our rand participating entities in Hawaii and Alaska in US Territories. Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C Table 7: Marketing Plan item Question Response* 32 Describe your marketing strategy for A great marketing plan considers the customer's decision -making process and outlines the promoting this contract opportunity. most effective communication method or methods. Upload representative samples of your marketing materials (if applicable) in The Convergint Marketing Team, in conjunction with our Dedicated SLED Team, the document upload section of your successfully deployed a strategic marketing plan for our current Sourcewell contract that response. allowed for significant reach, visibility, and branding. Our plan to market this contract will have the luxury of building upon our current contract's success, coupled with the extensive reach and growth Convergint has experienced. Convergint's strategic marketing plan for this program is based upon the following principles: Please see attached Convergint Response to Sourcewell RFP" for complete details. 33 Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. 34 In your view, what is Sourcewell's role in promoting contracts arising out of this RFP? How will you integrate a Sourcewell-awarded contract into your sales process? 35 Are your products or services available through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Table 8: Value -Added Attributes Line Question Item Convergint's technology and digital data portion of our plan will consist of the following, but not limited to, the following strategies: • Updated co -branded press release through a digital marketing campaign on social media; Linkedln, Twitter, Instagram, YouTube, etc. • Outbound activity models leverage our Sales Development Reps (telemarketing), including email and appointment setting campaigns. • Updated dedicated Sourcewell internet web -based homepage; points of contact, contract information and services offered, customer -specific value proposition, and marketing materials. • Demand generation through Convergint specific customer forums and webinars specifically includes cooperative purchasing power, specifically highlighting our Sourcewell program. Convergint will continue to work with Sourcewell and its members to maximize our contract's growth mission. Our collective effort consists of having the following mutual goals: • Co-authored marketing and branding — example: Convergint and Sourcewell partnering on strategic industry events and targeted trade associations. • Industry -specific strategic initiatives with Convergint and Sourcewell joint business development — example: leveraging grants and funding programs with Sourcewell as the preferred procurement method. • Joint legislative efforts to capture State Contract's leveraging Sourcewell as the Participating Addendum (PA) — example: Convergint's Louisiana State Contract with Sourcewell as the PA. • Geographic expansion — example: Convergint and Sourcewell roll -out and implementation plan for Canada. • Learning and development — example: Convergint's SLEDucation training program with a specific curriculum facilitated by Sourcewell. • Customer meetings and pre -call sales planning — example: member agency research for spend history, number of contracts utilized, relationship alignment with the potential for Convergint/Sourcewell joint sales calls. Please see attached Convergint Response to Sourcewell RFP" for complete details. No. Response* Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 36 Describe any product, equipment, Convergint provides multiple levels of training to participating entities maintenance, or operator training programs that you offer to Ancillary Training - For operational training for low complexity systems such as alarm Sourcewell participating entities. system training showing how to arm/disarm an alarm system and add/delete user codes, it Include details, such as whether is usually free for one-on-one training at the time of installation. training is standard or optional, who provides training, and any Onsite Classroom Training — Onsite classroom training typically consists of a field specialist costs that apply. providing lightweight to mid -level complexity content in a classroom environment, potentially using the newly installed Video or Access Control system as the training tool. There is usually an hourly cost and training material cost. Platform Certification Training - This is training at the manufacturer's training facility or the customer site. It is typically taught by the manufacturer's dedicated training staff and provides the end -users with a certificate at the end of the course. This type of training may include travel, per -diem, training fees, PC rental, and documentation fees. 37 Describe any technological Convergint's partners play a significant role in the success of our organization. When advances that your proposed delivering complex projects for our customers, connect partners and subcontracting partners products or services offer. are just as crucial as product partners. Our core teams communicate effectively with all partners. Extensive knowledge gained from past project experience to continue to grow will be crucial for the delivery of future success. Please see attached "Convergent Response to Sourcewell RFP" for complete details. 38 Describe any "green" initiatives Convergint is dedicated to developing a company culture where leadership and that relate to your company or to individual colleagues are committed to "making responsible decisions" to ensure: your products or services, and include a list of the certifying 1. The health and safety of our colleagues, customers, business associates, and the agency for each. communities in which we operate. 2. The protection of our environment through responsible resource and waste management. 3. Sustainability by decision -making and company practices will integrate social, economic, and environmental considerations to meet present needs without compromising future generations' ability to meet their own needs. Convergint pledges to make continual, measurable improvements in our colleagues' health and safety and environmental aspects of our operations and services. Please see attached "Convergint Response to Sourcewell RFP" for complete details. 39 Identify any third -party issued eco- Please see attached "Convergint Response to Sourcewell RFP" for complete details. labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to -cradle), or other green/sustainability factors. 40 Describe any Women or Minority Convergint is committed to diversity with our suppliers and has experienced the benefit of Business Entity (WMBE), Small working with locally owned businesses in the communities in which we operate. From Business Entity (SBE), or veteran Convergint's perspective, it is a win all the way around — For minority small businesses, for owned business certifications that our business, and for every community we are a part of. your company or hub partners We understand how difficult it can be for a small business with good people and service have obtained. Upload cultures to make connections within larger organizations. Convergint's Supplier Diversity documentation of certification (as Program was designed to make it easier for minority and small businesses to contact the applicable) in the document right people within any of our North American office locations. upload section of your response. At Convergint, we evaluate every potential minority supplier on the basis of meeting the following requirements. They must: • Be a certified as a minority, women, or disabled, owned for -profit business enterprise which is at least 51 % owned, operated, and controlled by United States citizens who belong to any of the following groups: Women, African American, Asian American, Hispanic American, Native American, or Disabled American • Have a minimum 3-year business history • Meet Above Average Quality Standards • Demonstrate Excellence in Customer Service • Offer Competitive Pricing on Your Goods and/or Services • Provide Value -Added Products and/or Services • Meet our Insurance & Indemnification Requirements • Provide at Least Three (3) Customer References While we are not able to do business with every company that contacts us, we welcome the opportunity to build strong, rewarding relationships with high -quality, diverse suppliers and service providers in the communities that we live, work and play. Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 41 What unique attributes does your Convergint is the only fully capable team to provide the unique services that address company, your products, or your Sourcewell's member's specific needs and program requirements for this security contract services offer to Sourcewell because we provide key differentiators such as the following: participating entities? What makes your proposed solutions unique in Convergint's Values & Beliefs — Living our company Values & Beliefs ensures that your industry as it applies to Sourcewell and its members are given care, respect, and commitment throughout the life of Sourcewell participating entities? our partnership. We encourage our colleagues to live our ten Values and Beliefs on a daily basis at home, work, and in their communities. Global Strength and Reach — Convergint operates 110+ locations with Dedicated Teams that are committed to your mission. Security Experts — Convergint colleagues possess Intimate knowledge and experience with security systems in the State and Local environment. Premier Security Systems Integrator — Convergint is the world's largest Lenel, Software House, and Avigilon Value Added Reseller (VAR). Convergint has also been the Axis Integrator of the Year 8 times over the past 12 years. We leverage our status as the largest independent security systems integrator to negotiate aggressive pricing from our manufacturers, which allows us to provide Sourcewell and its member's with exceptional value. Innovative Service Delivery — Convergint iCare© web -based portal promotes transparency, improves customer service, and reduces cost through operational efficiency improvement. iCare is a fully integrated tool connected to all aspects of the Convergint enterprise, from schedulers to technicians in the field. iCare successfully manages the efforts of 1,900+ Convergint employees on over 1,000 physical security systems engagements. Our Colleagues Love What They Do — Convergint is the fastest growing and leading security integrator because of our people. In a colleague survey, 97.5% of our colleagues believe that Convergint is a great company to work for, and 99.5% believe the future at Convergint is excellent. We have people that are experienced and enjoy working at our company. Table 9: Warranty/Performance Standards or Guarantees Describe in detail your manufacturer warranty program or performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty or performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Question Item Response* Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 42 Do your warranties cover all products, parts, and Convergint provides the following warranty to the Customer: labor? As standard, for the period of one (1) year(s), commencing at the earlier of substantial completion of the Work, or first beneficial use, ("Warranty Period"): a. That Work performed under this Agreement will be of good quality b. That all equipment will be new unless otherwise required or permitted by this Agreement C. That the Work will be free from defects not inherent in the quality required or permitted d. That the Work will conform to the requirements of the project specification and the Master Services Agreement The Customer's sole remedy for any breach of this warranty is that Convergint shall remove, replace and/or repair at its own expense any defective or improper work, discovered within the Warranty Period, provided Convergint is notified in writing of any defect within the Warranty Period. Any equipment or products installed by Convergint in the course of performing the Work hereunder shall only carry such warranty as is provided by the manufacturer thereof, which Convergint hereby assigns to Customer without recourse to Convergint. Upon request of Customer, Convergint will use all reasonable efforts to assist Customer in enforcing any such third - party warranties. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by Convergint, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. NO FURTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. The warranty may be void if any other Security Integrator or Third Party connects any devices to our network or hardware and/or changes the existing programming or configurations that are currently in place, and this proves to be the cause of a failure which is deemed irreparable. 43 Describe any performance or service standards or All Convergint installations include a standard warranty against all defects in guarantees that apply to your solutions (policies, material and workmanship for a period of one (1) year as well as the metrics, KPIs, response times, up -time guarantees, following services: etc.). Standard Product Warranty • 2-5 Business Day Response A Convergint Customer Support Program (CSP) extends well beyond the standard coverage described above which includes the following service offerings as part of the Standard CSP Agreement: • Preventative Maintenance • Next Business Day Response • iCare Manager Please see attached "Convergint Response to Sourcewell RFP" for full details. 44 Do your warranties impose usage restrictions or The warranty may be void if any other Security Integrator or Third Party other limitations that adversely affect coverage? connects any devices to our network or hardware and/or changes the existing programming or configurations currently in place, which proves to be the cause of a failure is deemed irreparable. 45 Do your warranties cover the expense of Yes. However, if upon arrival, it is determined that the repair was not under technicians' travel time and mileage to perform warranty, not a part supplied by Convergint, tampered with, etc. charges for warranty repairs? travel time and mileage will be chargeable. 46 Are there any geographic regions of the United No. We are able to provide certified technicians to perform warranty repairs States or Canada (as applicable) for which you throughout the United States and Canada. cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C 47 Will you cover warranty service for items made by Any equipment or products installed by Convergint in the course of other manufacturers that are part of your proposal, performing the Work hereunder shall only carry such warranty as is provided or are these warranties issues typically passed on by the manufacturer thereof, which Convergint hereby assigns to Customer to the original equipment manufacturer? without recourse to Convergint. Upon request of Customer, Convergint will use all reasonable efforts to assist Customer in enforcing any such third - party warranties. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by Convergint, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. NO FURTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. The warranty may be void if any other Security Integrator or Third Party connects any devices to our network or hardware and/or changes the existing programming or configurations that are currently in place, and this proves to be the cause of a failure which is deemed irreparable. 48 What are your proposed exchange and return Convergint does not manufacture or make any products. However, if a part programs and policies? that is ordered from a manufacturer is defective, an RMA (Return Material Authorization) would be created with that vendor. A replacement would be shipped out immediately. Then the faulty part would be shipped back to the manufacturer. Turnaround time varies from manufacturer to manufacturer. Returns are provided on a case -by -case basis and at the discretion of the local CTC. Exchanges are allowable at the discretion of the local CTC. 49 Describe any service contract options for the Convergint encourages customers to participate in Customer Support items included in your proposal. Programs (CSPs). CSPs are service programs that give extended coverage to equipment, reducing unforeseen costs related to maintenance and replacement. These cost savings are ultimately passed on to our customers. Table 10: Payment Terms and Financing Options Item ine Question Response* 50 What are your payment terms (e.g., net 10, net 30)? Net 30 51 Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? 52 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the Sourcewell participating entities' purchase orders. Convergint may opt to invoice for a portion of the award based on the percentage of work completed and/or a Schedule of Values (Progress Billing). Convergint may opt to invoice start-up costs incurred to perform under the contract (Mobilization Billing) promptly. Yes, Convergint works with leasing programs that are specifically designed for public entities and their legal requirements, such as National Cooperative Leasing (NCL), a Sourcewell awarded leasing contract. We understand the need for these leasing programs when the total project cost doesn't fit into the customer's budget, just the annual lease payments, which usually multiply purchasing power by 3 to 5 times. Convergint has a dedicated Contract Vehicle Team for the Cooperate Contracts such as Sourcewell. The Convergint Contract Vehicle Team reviews all proposals and service work that leverage our Sourcewell contract. The review process ensures that all work is captured and reported on a timely basis. Detailed records are kept and followed up on regularly to ensure this as well. Convergint currently reports on numerous contracts, including Sourcewell, on a monthly and quarterly basis. This contract's reporting will reside with the other contract reporting deliverables held by our National Contracts Administrator, Katelyn Wheeler. To date, Convergint has never submitted a monthly/quarterly sales report late. 53 Do you accept the P-card procurement and payment lYes, Convergint does accept P-card and/or credit card as payment. process? If so, is there any additional cost to Sourcewell There is an additional 2.5% fee for P-card and credit card orders. participating entities for using this process? Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response* 54 Describe your pricing model (e.g., line -item discounts or Convergint proposed pricing model for the US is based online -item product -category discounts). Provide detailed pricing data discounts. Please refer to the attachments (including standard or list pricing and the Sourcewell named "Sourcewell_Proprietary Catalog - Re -Bid Pricing" discounted price) on all of the items that you want and "Sourcewell—Public Catalog - Re -Bid Pricing" for detailed Sourcewell to consider as part of your RFP response. If pricing data. applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the Convergint proposed pricing model for Canada is based online -item document upload section of your response. discounts. Please refer to the attachment named "Sourcewell—Canadian Catalog - Re -Bid Pricing" for detailed pricing data. Please Note: Prevailing Wages are excluded but will be priced where required at an increase not to exceed 25%. Union Rates are not included but will be priced where required at an increase not to exceed 25%. 55 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. Convergint will be providing a percentage discount from MSRP in the pricing proposal of up to 50.02%. 56 Describe any quantity or volume discounts or rebate Convergint's volume discounts are determined on a case -by -case programs that you offer. basis. Convergint does not offer any rebate programs. 57 Propose a method of facilitating "sourced" products or Convergint has identified for projects, comprehensive service related services, which may be referred to as "open agreements, equipment box sales, and the like, "Sourced" or "Open market" items or "nonstandard options". For example, you Market" items will be priced at the quote level. In the case of may supply such items "at cost" or "at cost plus a service work and Time and Material (T&M) CSPs, "Sourced" or percentage," or you may supply a quote for each such Open Market" items are supplied at cost plus a percentage request. (percentages vary). For T&M service work, Trip/Truck Charges are considered "Sourced" or Open Market." 58 Identify any element of the total cost of acquisition that is Convergint's catalog pricing does not include freight, shipping, and NOT included in the pricing submitted with your response. handling, pre -delivery inspection, installation, set up, mandatory This includes all additional charges associated with a training, or initial inspection. purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre - delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 59 If freight, delivery, or shipping is an additional cost to the lConvergint has identified for projects, comprehensive service Sourcewell participating entity, describe in detail the agreements, equipment box sales, and the like, freight, delivery, or complete freight, shipping, and delivery program. shipping will be priced at the quote level. In the case of service work and Time and Material (T&M), CSPs, freight, delivery, or shipping items are supplied at cost plus a percentage (percentages 60 Specifically describe freight, shipping, and delivery terms or Convergint has identified for projects, comprehensive service programs available for Alaska, Hawaii, Canada, or any agreements, equipment box sales, and the like, freight, delivery, or offshore delivery. shipping will be priced at the quote level. In the case of service work and Time and Material (T&M), CSPs, freight, delivery, or shipping items are supplied at cost plus a percentage (percentages vary). 61 Describe any unique distribution and/or delivery methods or Convergint can provide a potential option. If the delivery site is options offered in your proposal. close to the ordering CTC, in -person delivery options may be available. The CTC will make that determination at the time an order is placed. Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C Table 12: Pricing Offered Item The Pricing Offered in this Proposal is: Comments 62 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Table 13: Audit and Administrative Fee Line Question Item 63 Specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. 64 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Response* Convergint has a strict compliance policy that ensures that all proposals are reviewed for compliance prior to submission to the customer. Each proposal is tracked, and each quarter, the Convergint Contract Vehicle Team conducts an internal self -audit to ensure that all awards are reported, and all proposals are reviewed. Convergint is proposing a 1% per -unit administrative fee Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Item Response* 65 Provide a detailed description of the Convergint designs, installs, and services seamlessly integrated electronic security equipment, products, and services that you solutions for commercial, industrial, and government clients. Serving single -site are offering in your proposal. customers and those with a global multi -site footprint, Convergint will design a solution to meet the customers' current needs and provide for future growth plans. Please see attached "Convergent Response to Sourcewell RFP" for full details of our Security and Fire product solutions we offer along with our product partners. 66 Within this RFP category there may be Please see question 65 for full details. subcategories of solutions. List subcategory titles that best describe your products and services. Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C Table 14113: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Category or Type Offered ` Comments 67 Alarm, alert, and signal r Yes N/A systems r No 68 Building security r: Yes N/A automation and r No integration, lighting control, and occupancy detection solutions 69 Fire detection, sprinkler r Yes N/A and suppression systems r No 70 Intrusion and breach r:' Yes N/A prevention and detection r No solutions 71 Glass and window r Yes N/A security, armor, and r No ballistic applications and solutions 72 Closed circuit television r: Yes N/A (CCTV), surveillance, and r No recording solutions 73 Facility and parking r: Yes N/A access control solutions r No 74 Artificial Intelligence (Al) r: Yes N/A and robotic surveillance r No solutions 75 Facial recognition and r Yes N/A thermal screening solutions r No 76 Training, consultative, r: Yes N/A monitoring, and r No administrative or technical support services, and supplies Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C Table 15: Industry Specific Questions Line Question Response Item 77 If you are awarded a contract, provide a Please see attached "Convergent Response to Sourcewell RFP" for full details on few examples of internal metrics that will the metrics we track. be tracked to measure whether you are having success with the contract. 78 Describe any safeguards included in your proposed solutions that protect participating entities' sensitive information. Please see attached "Convergint Response to Sourcewell RFP" for full details. 79 Explain your organization's approach to Please see attached "Convergint Response to Sourcewell RFP" for full details. cyber security as it relates to your proposed solutions. 80 Describe how emerging technologies are At Convergint, innovation is essential. We have a strategy around staying ahead of or will be incorporated in your proposed the emerging technologies and we are continually working on our innovation solutions. approach outlined in the graphic below. Convergint currently drives advances in technology through Innovation. Including Digital Transformation, Customers, Alliances, Products, Services, and Processes, just to name a few. As identified above, Convergint added four (4) new partners to the offers we provide in this proposal compared to our current contract with Sourcewell. Please see attached "Convergint Response to Sourcewell RFP" for full details 81 Explain how your organization has The Convergint Pandemic Response Plan ("CPRP") for COVID-19 outlines how adapted to provide effective service during Convergint maintains business continuity during global health crises. Convergint's the ongoing COVID-19 pandemic. response is guided by the relevant advisories issued by the Center for Disease Control (CDC) and other public health agencies. Convergint will continue to have an active discussion with our product partners regarding any impacts COVID-19 may have on the manufacturing, shipping, and delivery, which could impact Convergint's ability to provide service to our customers. We are fortunate to work with a wide range of product partners and distribution channel partners that are also maintaining options to maintain a steady supply of products. We encourage our customers to continue engaging with their account representatives on the latest developments. This response plan has the following goals: • Minimize health risk to colleagues • Minimize the risk of premises becoming anode of transmission • Ensure plans are in place for colleagues quarantined or infected • Ensure alternative arrangements with suppliers and customers so that business operations can continue Please see attached "Convergint Response to Sourcewell RFP" for full details. Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: httos://www.treasurv.aov/ofac/downloads/sdnIist.Ddf; b. Included on the government -wide exclusions lists in the United States System for Award Management found at: httDs://sam.aov/SAM/; or Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuSign Envelope ID: F99C23FD-11 E4-4DFA-8C2C-EDOCOBB19D6C c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. F By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Katelyn Wheeler, Government Contracts Administrator, Convergint Technologies LLC The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r: No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Addend um_8_Facility_Security_RFP_030421 Thu February 25 2021 04:41 PM Addend um_7_Facility_Security_RFP_030421 Wed February 24 2021 01:48 PM Addend um_6_Facility_Security_RFP_030421 Thu February 18 2021 12:56 PM Addend um_5_Facility_Security_RFP_030421 Wed February 10 2021 04:31 PM Addend um_4_Facility_Security_RFP_030421 Thu February 4 2021 03:25 PM Addend um_3_Facility_Security_RFP_030421 Tue February 2 2021 02:17 PM Addend um_2_Facility_Security_RFP_030421 Thu January 28 2021 01:03 PM Addend um_1_Facility_Security_RFP_030421 Tue January 19 2021 12:31 PM Bid Number: RFP 030421 Vendor Name: Convergint Technologies LLC DocuS gn Envelope ID: F99C23FD-11E4-4DFA-8C2C-EDOCOBB19D6C convergI1 nt SourcewelIP" Convergint - Sourcewell Product Offerings Pricing for contract 030421-CTL offers Sourcewell participating agencies in the United States & Canada up to a 50.02% discount off MSRP. Actual discounts vary byproduct line. Offerings are updated regularly to allow Sourcewell participating agencies access to the newest technologies & most up to date pricing. Aiphone IER Alertus IndigoVision Altronix Interlogix AMAG Inovonics American Dynamics Kantech Arecont Lenel Avigilon LifeSafety Power Axis Medeco Balto Milestone BCDVideo NiceVision Blackpoint Panasonic Bosch Pelco Briefcam Pivot3 Brivo Power -Sonic Camio Qognify Commend Safety Technology Comnet Salient CrowdVision SALTO DMP Securithings Dormakaba Seneca Data Dragonfruit Sentry Enterprises DSC Shooter Detection EAGL SIKLU Edwards (EST) Silent Knight Exacq Software House FLIR Space Age Gallagher Talk -A -Phone Genetec ThreeSixty Hanwha TOA H ES Veri nt Honeywell Video Insight ICI VisionHub IdentiCard Windy City Wire Labor Categories Available (For specific pricing refer to catalog) Installer Service Manager Project Foreman Software Engineer Specialist Subject Matter Expert (SME) Project Manager Professional Services Engineer Principal Consultant - Cyber Security CAD/Drafter Senior Consultant - Cyber Security Program Manager Associate Consultant - Cyber Security Service Coordinator Service Technician