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HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-100 Temp Reso #13510 October 28, 2020 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2020 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND CARRIER CORPORATION FOR THE PURCHASE AND INSTALLATION OF BIPOLAR IONIZATION ("PLASMA") EQUIPMENT IN THE EXISTING HVAC EQUIPMENT FOR SPECIFIC CITY FACILITIES; UTILIZING THE SOURCEWELL PRE-NEGOTIATED COOPERATIVE PURCHASING PROGRAM CARRIER CONTRACT#030817- CAR AT A CONTRACT COST NOT TO EXCEED $145,315.00, A CONTINGENCY OF $14,532 (10%) WILL BE ADDED FOR A TOTAL PROJECT COST OF $159,847.00; AUTHORIZING AN ADDITIONAL APPROPRIATION IN THE AMOUNT NOT TO EXCEED $159,847.00 TO BE INCLUDED IN A FUTURE BUDGET AMENDMENT PURSUANT TO F.S. 166.241(2); AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AND ADMINISTER SAID CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 23, 2020, via Resolution R-2020-096, the City Commission of the City of Tamarac authorized the Subaward Agreement with Broward County for CARES Act Funding in an amount up to $3,096,208.09; and WHEREAS, the City of Tamarac has worked to identify ways to mitigate the risk of exposure to COVID-19, and protect the health and safety of City employees and visitors to City facilities; and WHEREAS, City staff have identified a Plasma System, which is eligible for reimbursement under the CARES Act, which continuously cleans the air in the ventilation systems, and destroys airborne pathogens, viruses, in addition to neutralizing allergens, Temp. Reso. #13510 October 28, 2020 Page 2 microbes, and odor-causing particles; and WHEREAS, City obtained a proposal from Carrier Corporation, utilizing the Sourcewell Pre-Negotiated Cooperative Purchasing Program Carrier Contract #030817- CAR, for the purchase and installation of Bipolar Ionization equipment in the existing HVAC equipment for the facilities listed therein, a copy of said proposal is attached hereto as "Exhibit 1"; and WHEREAS, it is the recommendation of the Director of Public Services, the Interim Financial Services Director, and the Purchasing and Contracts Manager that the City Commission approve an Agreement with Carrier Corporation for the purchase and installation of Bipolar Ionization equipment in the existing HVAC equipment for the specified facilities, at a cost not to exceed $145,315.00; and authorize the appropriate City Officials to execute and administer said Agreement; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve an Agreement between the City of Tamarac and Carrier Corporation for the purchase and installation of Bipolar Ionization equipment in the existing HVAC equipment for the specified facilities, at a cost not to exceed $145,315.00, and authorize the appropriate City officials to execute and administer said Agreement, attached hereto as "Exhibit 2". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Temp Reso. #13510 October 28, 2020 Page 3 SECTION 1 : The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All Exhibits attached hereto are incorporated herein and made a specific part hereof. SECTION 2: The City Commission HEREBY approves an Agreement between the City of Tamarac and Carrier Corporation for the purchase and installation of Bipolar Ionization equipment in the existing HVAC equipment for the specified facilities, at a cost not to exceed $145,315.00; the appropriate City Officials are HEREBY authorized to execute and administer said Agreement, attached hereto as "Exhibit 2". SECTION 3: Expenditures in the amount not to exceed $145,315.00 for said purpose are HEREBY approved and authorized. SECTION 4: Funding is available for purchase and installation of Bipolar Ionization equipment in the existing HVAC equipment for the specified facilities from the allotment of $3,096,208.09 from the CARES Act through an Interlocal Agreement with Broward County; and, will require an appropriation in the amount not to exceed $159,847.00 that will be included in a future Budget Amendment pursuant to F.S. 166.241. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #13510 October 28, 2020 Page 4 SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ) day of C c--r-D9z- , 2020. // &j ICHELLE J. vMEZ MAYOR ATTEST: JE IFER J Ce HNSC'N, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ _.5 DIST 1: V./M. BOLTON �� DIST 2: COMM. GELIN _" DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM (1/.-.A.--LZ... VIAY AMUEL S. GORED CITY ATTORNEY Temp. Reso. #13510 October 28, 2020 Page 5 TR 13510 Exhibit 1 Carrie Carrier Commercial Carrie Service 5440 NW 33'Ave,Suite 108 Rental Systems Fort Lauderdale,FL 33309 (954)315-5168 @rrielD Carrier Commercial Service SOURCEWELL — Bipolar Ionization Installation Prepared For: TAMARAC The City For Your We Luis Borgos Facility Management Supervisor 10101 State Street Cell: (954) 597-3729 Luis.Borgos@Tamarac.org Presented by: Scott McLennan,LEED AP&Robert Cox Carrier Corporation/Carrier Rentals Cell: (954)448-9775 E-Fax: (860)998-1014 scott.mclennan@carrier.utc.com http://www.commercial.carrier.com Date of Proposal:9/23/2020 PROPRIETARY and CONFIDENTIAL TR 13510 Exhibit 1 Healthy Buildings Program Presentation Project Summary We are pleased to provide this Healthy Buildings program initiative for the City of Tamarac facilities. The work presented here is to install Bipolar Ionization equipment in the existing HVAC equipment for the facilities listed below. Work will be completed during normal business hours with minimal disruption to building operation under Sourcewell pre-negotiated cooperative purchasing program terms and conditions. City of Tamarac Member ID #27525 Carrier Contract # 030817-CAR Sourcewell Pricing Program: Carrier has agreed to provide fixed equipment discounts off list price for equipment, fixed labor rates for Carrier Technicians, and fixed mark-ups for non- factory options, and warranty products. Equipment will be quoted and sold tax exempt for each site, and a separate quote for labor-based installation costs will be presented to install the Bi-Polar Ionization equipment. F - Carrier ICES, INC. -_- Healthy Buildings,Healthy People BiPolar Equipment (pinpoint, needlepoint or Carbon Fiber brush) • Low energy use • HVAC System and Occupied Space Treatment by Positive and Negative ions . Reduces most airborn bacteria, mold, viruses, spores and fungi via cell oxidation . Improves filtering efficiency of HVAC system via agglomeratin of particles . No maintenance or lamp replacement for needlepoint or carbon fiber style particle generators . No employee service dangers or hazardous chemicals . No harmful ozone production . One year standard part warranty Page 2 of 6 PROPRIETARY and CONFIDENTIAL TR 13510 Exhibit 1 Healthy Buildings Program Presentation Carrier Commercial Service installation provides: • Installation by Journeyman HVAC Technicians and Electricians as needed • Independent transformer to be installed for BAR and BARX models • Pre-installation detailed audit to customize products to equipment to speed installation • Tax Exempt purchase of equipment from OEM • Turnkey installation service @ stipulated negotiated rates • One-year labor warranty on installation and workmanship Site listing and project investments: Tamarac City Hall —7524 NW 88th Ave.,Tamarac FL 33321 Equipment $22,977.00 Installation $ 7,539.00 Tamarac Building Dept—6011 Nob Hill Road Equipment $ 6,253.00 Installation $ 4,913.00 Tamarac IT- 10101 State Street Equipment $ 2,623.00 Installation $ 4,433.00 Tamarac Police Dept—7515 NW 88th Ave Equipment $ 9,435.00 Installation $ 4,822.00 Tamarac Fire Station 78—4801 W. Commercial Equipment $ 2,121.00 Installation $ 2,935.00 Tamarac Fire Station 15 &Administration Equipment $ 6,534.00 Installation $ 3,398.00 Tamarac Fire Station 41 Equipment $ 2,935.00 Installation $ 3,076.00 Tamarac Water Treatment Plant Equipment $ 2,191.00 Installation $ 2,141.00 Page 3of6 PROPRIETARY and CONFIDENTIAL TR 13510 Exhibit 1 Healthy Buildings Program Presentation Tamarac Multi-Purpose Bldg.—7531 N. University Drive Equipment $ 5,431.00 Installation $ 3,511.00 Tamarac Aquatic Complex—9300 NW 58th Street Equipment $ 5,144.00 Installation $ 3,511.00 Tamarac Community Center—8601 W. Commercial Blvd. Equipment $20,441.00 Installation $ 9,543.00 Tamarac Parks Administration —6001 Nob Hill Road (PSC) Equipment $ 5,990.00 Installation $ 3,418.00 EQUIPMENT TOTAL (must provide tax exemption certificate) $92,075.00 INSTALLATION TOTAL $53,240.00 Pre-Negotiated Sourcewell terms and conditions govern this agreement. Separate equipment and installation quotes are attached for execution. Sincerely, Scott McLennan Carrier Commercial Service Maintenance, Repairs, Modernization Scott.McLennan@Carrier.com CALL WITH QUESTIONS: (954) 448-9775 Page 4 of 6 PROPRIETARY and CONFIDENTIAL TR 13510 Exhibit 1 Healthy Buildings Program Presentation CARRIER CORPORATION TERMS AND CONDITIONS OF SALE 1.PAYMENT AND TAXES-Payment shall be made net 30 days from date of invoice.Carrier reserves the right to require cash payment or other alternative method of payment prior to shipment or completion of work if Carrier determines,in its sole discretion,that Customer or Customer's assignee's financial condition at any time does not justify continuance of the net 30 days payment term.In addition to the price,the Customer shall also pay Carrier any taxes or government charges arising from this Agreement.If the Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement,Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. 2.EXTRAS-Equipment,parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer's written authorization and paid for as an extra and subject to the terms of this Agreement. 3.RETURNS-No items will be accepted for return without prior written authorization.Returned goods may be subject to a restocking charge.Special order and non-stock items cannot be returned. 4.SHIPMENT-All shipments shall be F.O.B.shipping point,freight prepaid and allowed to the job site.Shipment dates quoted are approximate.Carrier does not guarantee a particular date for shipment or delivery. 5.PARTIAL SHIPMENT-Carrier shall have the right to ship any portion of the equipment included in this Agreement and invoice Customer for such partial shipment. 6.DELAYS—Carrier shall not be liable for delays in manufacturing,shipping or delivery by causes beyond the control and without the fault or negligence of Carrier,including but not restricted to acts of God,acts of a public enemy,acts of government,acts of terrorism,fires,floods,epidemics,quarantine restrictions,freight embargoes,supplier delays,strikes,or labor difficulties(collectively"Force Majeure Events").Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay.In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event,Carrier shall be excused from furnishing such materials or equipment. 7.WARRANTY-Carrier warrants that all equipment manufactured by Carrier Corporation and all Carrier equipment,parts or components supplied hereunder will be free from defects in material and workmanship.Carrier shall at its option repair or replace,F.O.B.point of sale,any equipment,part or component sold by Carrier and determined to be defective within one(1)year from the date of initial operation or eighteen(18)months from date of shipment,whichever is earlier.Carrier does not warrant products not manufactured by Carrier Corporation,but it does pass on to Customer any transferrable manufacturer warranties for those products.Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner.In the event any such service is determined to bed efective within ninety(90)days of completion of that service,Carrier shall at its option re-perform or issue a credit for such service,Carrier's obligation to repair or replace any defective equipment,parts or components during the warranty period shall be Customer's exclusive remedy.Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or components,for charges for transportation,handling and shipping or refrigerant loss,or for repairs or replacement of such equipment,parts or components, required as a consequence of faulty installation,misapplication,vandalism,abuse,exposure to chemicals,improper servicing,unauthorized alteration or improper operation by persons other than Carrier.THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES,EXPRESS,IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8.WORKING HOURS—All services performed under this Agreement including major repairs,are to be provided during Carrier's normal working hours unless otherwise agreed. 9.ADDITIONAL SERVICE-Services or parts requested by Customer in addition to those specified in this Agreement will be provided upon receipt of Customer's written authorization and invoiced at Carrier's prevailing labor rates and parts charges.Additional services or parts shall be supplied under the terms of this Agreement. 10.CUSTOMER RESPONSIBILITIES(Service Contracts only)—Customer shall: • Provide safe and reasonable equipment access and a safe work environment. • Permit access to Customer's site,and use of building services including but not limited to:water,elevators,receiving dock facilities,electrical service and local telephone service. • Keep areas adjacent to equipment free of extraneous material,move any stock,fixtures,walls or partitions that may be necessary to perform the specified service. • Promptly notify Carrier of any unusual operating conditions. • Upon agreement of a timely mutual schedule,allow Carrier to stop and start equipment necessary to perform service. • Provide adequate water treatment. • Provide the daily routine equipment operation(if not part of this Agreement)including availability of routine equipment log readings. • Where Carrier's remote monitoring service is provided,provide and maintain a telephone line with long distance direct dial and answer capability. • Operate the equipment properly and in accordance with instructions. • Promptly address any issues that arise related to mold,fungi,mildew or bacteria. • Identify and label any asbestos containing material that may be present.The customer will provide,in writing,prior to the start of a job,a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment to be serviced is older than 1981.Should this document state that no asbestos is present,the customer will also provide in writing the method used to determine the absence of asbestos. 11.EXCLUSIONS—Carrier is not responsible for items not normally subject to mechanical maintenance including but not limited to:duct work,casings,cabinets,fixtures, structural supports,grillage,water piping,steam piping,drain piping,cooling tower fill,boiler tubes,boiler refractory,disconnect switches and circuit breakers.Carrier is not responsible for repairs,replacements,alterations,additions,adjustments,repairs by others,unscheduled calls or emergency calls,any of which may be necessitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to freezing weather, chemical/electrochemical attack,corrosion,erosion,deterioration due to unusual wear and tear,any damage related to the presence of mold,fungi,mildew,or bacteria, damage caused by power reductions or failures or any other cause beyond Carrier's control.Carrier shall not be required to perform tests,install any items of equipment or make modifications that may be recommended or directed by insurance companies,government,state,municipal or other authority.However,in the event any such recommendations occur,Carrier,at its option,may submit a proposal for Customer's consideration in addition to this Agreement.Carrier shall not be required to repair or replace equipment that has not been properly maintained. 12.EQUIPMENT CONDITION&RECOMMENDED SERVICE(Service Contracts only)—Upon the initial scheduled operating and/or initial annual stop inspection,should Carrier determine the need for repairs or replacement,Carrier will provide Customer in writing an'equipment condition'report including recommendations for corrections and the price for repairs in addition to this Agreement.In the event Carrier recommends certain services(that are not included herein or upon initial inspection)and if Customer does not elect to have such services properly performed in a timely fashion,Carrier shall not be responsible for any equipment or control failures,operability or any long- term damage that may result.Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability,without any responsibility,or remove such equipment from this Agreement,adjusting the price accordingly. 13.PROPRIETARY RIGHTS(Service Contracts only)-During the term of this Agreement and in combination with certain services,Carrier may elect to install,attach to Customer equipment,or provide portable devices(hardware and/or software)that shall remain the personal proprietary property of Carrier.No devices installed,attached to real property or portable device(s)shall become a fixture of the Customer locations.Customer shall not acquire any interest,title or equity in any hardware,software, processes,and other intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment. 14.WAIVER OF DAMAGES-Under no circumstances shall Carrier be liable for any incidental,special or consequential damages,including loss of revenue,loss of use of equipment or facilities,or economic damages based on strict liability or negligence. 15.LIMITATION OF LIABILITY-Carrier's maximum liability for any reason(except for personal injuries)arising from this Agreement shall not exceed the value of the Agreement. 16.CANCELLATION-Customer may cancel this Agreement only with Carrier's prior written consent,and upon payment of reasonable cancellation charges.Such charges shall take into account costs and expenses incurred,and purchases or contract commitments made by Carrier and all other losses due to the cancellation including a reasonable profit. Page 5 of 6 PROPRIETARY and CONFIDENTIAL TR 13510 Exhibit 1 Healthy Buildings Program Presentation 17.CUSTOMER TERMINATION FOR CARRIER NON-PERFORMANCE—Customer shall have the right to terminate this Agreement for Carrier's non-performance provided Carrier fails to cure such non-performance within 30 days after having been given prior written notice of the non-performance.Upon early termination or expiration of this Agreement,Carrier shall have free access to enter Customer locations to disconnect and remove any Carrier personal proprietary property or devices as well as remove any and all Carrier-owned parts,tools and personal property.Additionally,Customer agrees to pay Carrier for all incurred but unamortized service costs performed by Carrier including overheads and a reasonable profit. 18.CARRIER TERMINATION—Carrier reserves the right to discontinue its service any time payments have not been made as agreed or if alterations,additions or repairs are made to equipment during the term of this Agreement by others without prior agreement between Customer and Carrier. 19.CLAIMS-Any suits arising from the performance or nonperformance of this Agreement,whether based upon contract,negligence,and strict liability or otherwise,shall be brought within one(1)year from the date the claim arose. 20.GOVERNMENT PROCUREMENTS-The components,equipment and services provided by Carrier are"commercial items"as defined in Section 2.101 of the Federal Acquisition Regulations("FAR"),and the prices of such components,equipment and Equipment and/or Service 3 CCS-TCES 040215 services are based on Carrier's commercial pricing policies and practices(which do not consider any special requirements of U.S.Government cost principles,FAR Part 31, or any similar procurement regulations).As such,Carrier will not agree to provide or certify cost or pricing data,nor will Carrier agree to comply with the Cost Accounting Standards(CAS).In addition,no federal government procurement regulations,such as FARs or DFARs,shall apply to this Agreement except those regulations expressly accepted in writing by Carrier. 21.HAZARDOUS MATERIALS-Carrier is not responsible for the identification,detection,abatement,encapsulating or removal of asbestos,products or materials containing asbestos,similar hazardous substances,or mold,fungi,mildew,or bacteria.If Carrier encounters any asbestos or other hazardous material while performing this Agreement, Carrier may suspend its work and remove its employees from the project,until such material and any hazards associated with it are abated.The time for Carrier's performance shall be extended accordingly,and Carrier shall be compensated for the delay. 22.WASTE DISPOSAL-Customer is wholly responsible for the removal and proper disposal of waste oil,refrigerant and any other material generated during the term of this Agreement. 23.SUPERSEDURE,ASSIGNMENT and MODIFICATION-This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all previous or contemporaneous,oral or written,statements.Customer may assign this Agreement only with Carrier's prior written consent.No modification to this Agreement shall be binding unless in writing and signed by both parties. 24.CUSTOMER CONSENT-Customer consents and agrees that Carrier may,from time to time,publicize Carrier related projects with Customer,including the value of such projects,in all forms and media for advertising,trade,and any other lawful purposes. 25.FOR WORK BEING PERFORMEND IN CALIFORNIA:Contractors are required by law to be licensed and regulated by the Contractors'State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation.A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation.Any questions concerning a contractor may be referred to the Registrar,Contractors'State License Board,P.O.Box 26000,Sacramento,California 95826. Page 6 of 6 PROPRIETARY and CONFIDENTIAL TR 13510 Exhibit 1 Address 5440 NW 33rd Ave. Suite 108 Fort Lauderdale FL 33309 @rriet.) Phone (954)448-9775 Fax (860)998-1014 E-mail scott.mclennan@carrier.com Contact Name Luis Borgos Account CITY OF TAMARAC Phone (954)597-3729 Site Address 10101 State St Estimate Date 09/23/2020 Tamarac,FL,33321-6428 Quote Number 00554977 Job Description Installation of Bipolar Ionization Equipment(sold separately) Scope of Work Provide Carrier Journeymen and electricians as required to install bipolar ionization equipment(sold separately)in the City of Tamarac Facilities as per attached site break-out. Work will occur during normal working hours with limited disruption to equipment cooling operation. Installation will include one-year parts and labor warranty on equipment and workmanship. Exclusions/Clarifications This quote does not include the waste disposal and labor performed outside normal business hours unless otherwise noted.In addition,the quoted price does not include any sales,excise,or similar taxes,any that apply will be added at cost. All BAR and BAR-X products installed will have a separate power transformer provided independent of existing HVAC control power source. Total Quoted Price Total Price for Scope of Work excluding applicable taxes: $53,240.00 This proposal is valid for 30 days from the date of proposal.Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase,Order,Contract,Agreement,etc.Carrier would like to thank you for the continuing opportunity to be of service. Sincerely, Scott McLennan Carrier Commercial Service Title Customer Acceptance(signature) Date Purchase Order The attached Terms&Conditions shall govern. Quote#00554977 1 TR 13510 Exhibit 1 CARRIER CORPORATION TERMS AND CONDITIONS OF SALE—EQUIPMENT AND/OR SERVICE 1.PAYMENT AND TAXES -Payment shall be made net 30 days refrigerant loss,or for repairs or replacement of such equipment,parts from date of invoice.Carrier reserves the right to require cash payment or components, required as a consequence of faulty installation, or other alternative method of payment prior to shipment or completion misapplication, vandalism, abuse, exposure to chemicals, improper of work if Carrier determines,in its sole discretion,that Customer or servicing, unauthorized alteration or improper operation by persons Customer's assignee's financial condition at any time does not justify other than Carrier.THIS WARRANTY IS GIVEN IN LIEU OF ALL continuance of the net 30 days payment term. In addition to the price, OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY Customer shall pay Carrier any taxes or government charges arising INCLUDING THE IMPLIED WARRANTIES OF from this Agreement. If Customer claims that any such taxes or MERCHANTABILITY AND FITNESS FOR A PARTICULAR government charges do not apply to the transactions governed by this PURPOSE. Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due 8. WORKING HOURS - All services performed under this invoices will accrue interest at the lesser of 1% per month or the Agreement, including but not limited to, major repairs, are to be maximum amount allowable by law. provided during Carrier's normal working hours unless otherwise agreed. 2.EXTRAS-Equipment,parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer's written 9.CUSTOMER RESPONSIBILITIES(Service Contracts only)- authorization, paid for as an extra at Carrier's prevailing labor rates Customer shall: and equipment/parts charges, and subject to the terms of this Agreement. • Provide safe and reasonable equipment access and a safe work environment. 3. RETURNS -No items will be accepted for return without prior • Permit access to Customer's site, and use of building written authorization. Returned goods may be subject to a restocking services including but not limited to: water, elevators, charge. Special order and non-stock items cannot be returned. receiving dock facilities, electrical service and local telephone service. 4.SHIPMENT-All shipments shall be F.O.B.shipping point,freight • Keep areas adjacent to equipment free of extraneous prepaid and allowed to the job site. Shipment dates quoted are material, move any stock, fixtures, walls or partitions that approximate. Carrier does not guarantee a particular date for shipment may be necessary to perform the specified service. or delivery. • Promptly notify Carrier of any unusual operating conditions. • Upon agreement of a timely mutual schedule,allow Carrier 5.PARTIAL SHIPMENT-Carrier shall have the right to ship any to stop and start equipment necessary to perform service. portion of the equipment, goods or other materials included in this • Provide adequate water treatment. Agreement and invoice Customer for such partial shipment. • Provide the daily routine equipment operation(if not part of this Agreement)including availability of routine equipment 6.DELAYS-Carrier shall not be liable for delays in manufacturing, log readings. shipping or delivery by causes beyond the control and without the fault • or negligence of Carrier, including but not restricted to acts of God, Where Carrier's remote monitoring service is provided, acts of a public enemy, acts of government, acts of terrorism, fires, provide and maintain a telephone line with long distance floods,epidemics,quarantine restrictions,freight embargoes,supplier direct dial and answer capability. • delays, strikes, or labor difficulties (collectively "Force Majeure Operate the equipment properly and in accordance with Events"). Carrier agrees to notify Customer in writing as soon as instructions. • practicable of the causes of such delay. In the event that any materials Promptly address any issues that arise related to mold,fungi, or equipment to be provided by Carrier under this Agreement become mildew or bacteria. permanently unavailable as a result of a Force Majeure Event,Carrier • Identify and label any asbestos containing material that may shall be excused from furnishing such materials or equipment. be present. The customer will provide, in writing,prior to the start of a job,a signed statement regarding the absence 7.WARRANTY-Carrier warrants that all equipment manufactured or presence of asbestos for any job where the building or the by Carrier Corporation and all Carrier equipment,parts or components equipment to be serviced is older than 1981. Should this supplied hereunder will be free from defects in material and document state that no asbestos is present,the customer will workmanship. Carrier shall at its option repair or replace,F.O.B.point also provide in writing the method used to determine the of sale, any equipment, part or component sold by Carrier and absence of asbestos. determined to be defective within one(1)year from the date of initial operation or eighteen(18)months from date of shipment,whichever is 10.EXCLUSIONS-Carrier is not responsible for items not normally earlier. Carrier does not warrant products not manufactured by Carrier subject to mechanical maintenance including but not limited to: duct Corporation, but it does pass on to Customer any transferrable work, casings, cabinets, fixtures, structural supports, grillage, water manufacturer warranties for those products. Carrier warrants that all piping, steam piping, drain piping, cooling tower fill, boiler tubes, service provided by Carrier hereunder shall be performed in a boiler refractory, disconnect switches and circuit breakers. Carrier is workmanlike manner. In the event any such service is determined to not responsible for repairs, replacements, alterations, additions, be defective within ninety (90) days of completion of that service, adjustments,repairs by others,unscheduled calls or emergency calls, Carrier shall at its option re-perform or issue a credit for such service. any of which may be necessitated by negligent operation, abuse, Carrier's obligation to repair or replace any defective equipment,parts misuse, prior improper maintenance, vandalism, obsolescence, or components during the warranty period shall be Customer's building system design, damage due to freezing weather, exclusive remedy. Carrier shall not be responsible for labor charges chemical/electrochemical attack,corrosion,erosion,deterioration due for removal or reinstallation of defective equipment, parts or to unusual wear and tear,any damage related to the presence of mold, components, for charges for transportation,handling and shipping or fungi, mildew, or bacteria, damage caused by power reductions or Terms and Conditions of Sale—Equipment and/or Service 120519 Carrier Corporation 2 TR 13510 Exhibit 1 failures or any other cause beyond Carrier's control.Carrier shall not be required to perform tests, install any items of equipment or make 15.DATA DELIVERY-During the term of the Agreement Customer modifications that may be recommended or directed by insurance shall(i)make reasonable efforts to ensure that the hardware remains companies,government,state,municipal or other authority. However, powered on,(ii)avoid intentional action to impede,block or throttle in the event any such recommendations occur, Carrier, at its option, collection and transmission of Source Data by Carrier,and(iii)avoid may submit a proposal for Customer's consideration in addition to this intentional action to disable,turn off,or remove the hardware without Agreement. Carrier shall not be required to repair or replace Carrier's express written consent, which consent shall not be equipment that has not been properly maintained. unreasonably withheld. 11.EQUIPMENT CONDITION&RECOMMENDED SERVICE 16. REVERSE ENGINEERING - Customer shall not extract, (Service Contracts only)-Upon the initial scheduled operating and/or decompile or reverse engineer any software included with, initial annual stop inspection, should Carrier determine the need for incorporated in,or otherwise associated with the hardware and shall repairs or replacement, Carrier will provide Customer in writing an not reverse engineer any reports or analytics provided to or received `equipment condition' report including recommendations for by Customer from Carrier. corrections and the price for repairs in addition to this Agreement.In the event Carrier recommends certain services(that are not included 17.WAIVER OF DAMAGES-Under no circumstances shall Carrier herein or upon initial inspection)and if Customer does not elect to have be liable for any incidental, special or consequential damages, such services properly performed in a timely fashion,Carrier shall not including loss of revenue, loss of use of equipment or facilities, or be responsible for any equipment or control failures,operability or any economic damages based on strict liability or negligence. long-term damage that may result. Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability, 18.LIMITATION OF LIABILITY-Carrier's maximum liability for without any responsibility, or remove such equipment from this any reason(except for personal injuries)arising from this Agreement Agreement,adjusting the price accordingly. shall not exceed the value of the payments received by Carrier under this Agreement. 12.PROPRIETARY RIGHTS(Service Contracts only)-During the term of this Agreement and in combination with certain services, 19.CANCELLATION-Customer may cancel this Agreement only Carrier may elect to install,attach to Customer equipment,or provide with Carrier's prior written consent,and upon payment of reasonable portable devices (hardware and/or software) that shall remain the cancellation charges. Such charges shall take into account costs and personal proprietary property of Carrier. No devices installed, expenses incurred,and purchases or contract commitments made by attached to real property or portable device(s)shall become a fixture Carrier and all other losses due to the cancellation including a of the Customer locations. Customer shall not acquire any interest, reasonable profit. title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices that are used in connection 20. CUSTOMER TERMINATION FOR CARRIER NON- with providing service on Customer equipment. PERFORMANCE-Customer shall have the right to terminate this Agreement for Carrier's non-performance provided Carrier fails to 13. DATA RIGHTS (Service Contracts only) - Customer hereby cure such non-performance within thirty(30)days after having been grants and agrees to grant to Carrier a worldwide,non-exclusive,non- given prior written notice of the non-performance. Upon early terminable,irrevocable,perpetual,paid-up,royalty free license to any termination or expiration of this Agreement, Carrier shall have free Source Data,with the right to sub-license to its affiliates and suppliers access to enter Customer locations to disconnect and remove any for(i)Carrier's performance of services pursuant to this Agreement, Carrier personal proprietary property or devices as well as remove any (ii) the improvement of Carrier services, and Carrier's Analytics and all Carrier-owned parts,tools and personal property. Additionally, Platform; (iii) improving product performance, operation,reliability, Customer agrees to pay Carrier for all incurred but unamortized service and maintainability;(iv)to create,compile,and/or use datasets and/or costs performed by Carrier including overheads and a reasonable statistics for the purposes of benchmarking, development of best profit. practices,product improvement;(v)the provision of services to third parties,(vi)research,statistical,and marketing purposes,and/or(vii) 21. CARRIER TERMINATION - Carrier reserves the right to in support of Carrier agreements. discontinue its service any time payments have not been made as agreed or if alterations, additions or repairs are made to equipment Source Data—shall mean data that is produced directly from a system, during the term of this Agreement by others without prior agreement or device and received at a collection point or a central server(e.g.a between Customer and Carrier. Carrier database,data lake,or third party cloud service). 22. CLAIMS - Any lawsuits arising from the performance or Analytics Platform— shall mean server algorithms or web interface nonperformance of this Agreement, whether based upon contract, systems used to(i)interpret,convert,manipulate,or calculate data,(ii) negligence,strict liability or otherwise,shall be brought within one(1) perform data processing, and/or(iii) the delivery of data to Carrier, year from the date the claim arose. affiliates or suppliers of Carrier,and/or Customer. 23. GOVERNMENT PROCUREMENTS - The components, 14. RETURN OF DATA (Service Contracts only) - Customer equipment and services provided by Carrier are"commercial items"as understands and acknowledges that the portable devices will collect defined in Section 2.101 of the Federal Acquisition Regulations Source Data that will be stored on and/or transmitted to Carrier's ("FAR"),and the prices of such components,equipment and services servers and to suppliers or affiliates that are contracted by Carrier and are based on Carrier's commercial pricing policies and practices used to transmit, process, extract or store such Source Data for (which do not consider any special requirements of U.S.Government purposes of Carrier's performance of the service in accordance with cost principles,FAR Part 31,or any similar procurement regulations). this Agreement. Once such data and information has been stored As such,Carrier will not agree to provide or certify cost or pricing data, and/or transmitted to Carrier's servers,Customer agrees that such data nor will Carrier agree to comply with the Cost Accounting Standards and information shall become part of Carrier's database and therefore (CAS). In addition,no government procurement regulations,such as subject to the license terms under section 13. Terms and Conditions of Sale—Equipment and/or Service 120519 Carrier Corporation 3 TR 13510 Exhibit 1 FARs or DFARs, shall apply to this Agreement except those 27. CUSTOMER CONSENT - Customer consents and agrees that regulations expressly accepted in writing by Carrier. Carrier may,from time to time,publicize Carrier related projects with Customer,including the value of such projects,in all forms and media 24.HAZARDOUS MATERIALS-Carrier is not responsible for the for advertising,trade,and any other lawful purposes. identification, detection, abatement, encapsulating or removal of asbestos,products or materials containing asbestos,similar hazardous 28. FOR WORK BEING PERFORMED IN CALIFORNIA - substances,or mold,fungi,mildew,or bacteria. If Carrier encounters Contractors are required by law to be licensed and regulated by the any asbestos or other hazardous material while performing this Contractors'State License Board which has jurisdiction to investigate Agreement, Carrier may suspend its work and remove its employees complaints against contractors if a complaint regarding a patent act or from the project,until such material and any hazards associated with it omission is filed within four years of the date of the alleged violation. are abated. The time for Carrier's performance shall be extended A complaint regarding a latent act or omission pertaining to structural accordingly,and Carrier shall be compensated for the delay. defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to 25. WASTE DISPOSAL - Customer is wholly responsible for the the Registrar, Contractors' State License Board, P.O. Box 26000, removal and proper disposal of waste oil, refrigerant and any other Sacramento,California 95826. material generated during the term of this Agreement. 29.INTELLECTUAL PROPERTY—Notwithstanding anything to 26. SUPERSEDURE, ASSIGNMENT and MODIFICATION - the contrary stated herein,Carrier retains ownership of its intellectual This Agreement contains the complete and exclusive statement of the property and no license to Carrier's intellectual property is granted agreement between the parties and supersedes all previous or except as necessary for Customer to use any deliverables and/or contemporaneous,oral or written,statements. Customer may assign services provided hereunder. this Agreement only with Carrier's prior written consent. No modification to this Agreement shall be binding unless in writing and 30.DATA PRIVACY—Carrier processes personal data in accordance signed by both parties. Orders shall be binding upon Carrier when with its privacy notice at Carrier.com. Each party will comply with accepted in writing by an authorized representative of Carrier. applicable data privacy laws governing personal information collected CARRIER'S ACCEPTANCE OF CUSTOMER'S ORDER IS and processed under this Agreement, including the California CONDITIONED UPON CUSTOMER'S ACCEPTANCE OF THE Consumer Privacy Act and the European General Data Protection TERMS AND CONDITIONS SET FORTH HEREIN (THIS Regulation, and take all reasonable commercial and legal steps to "AGREEMENT") AND CUSTOMER'S AGREEMENT TO BE protect personal data. If Customer provides Carrier with personal data, BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS Customer will ensure that it has the legal right to do so, including AGREEMENT AND ALL REFERENCED ATTACHMENTS notifying the individuals whose personal data it provides to Carrier. CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER Neither party receives personal data under this Agreement for AND CUSTOMER,AND NO AMENDMENT OR MODIFICATION monetary or other valuable consideration. SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE 31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS— FAILURE OF CARRIER TO OBJECT TO PROVISIONS The nature and extent of factory acceptance tests or factory CONTAINED IN ANY PURCHASE ORDER OR OTHER inspections,including without limitation,the number and identity of DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS participants, locations visited, and activities undertaken, shall be A WAIVER BY CARRIER OF THE TERMS IN THIS limited to activities directly related to the performance of this AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER'S Agreement. The tests or inspections will be subject to mutual PROVISIONS. ANY CONFLICTING OR ADDITIONAL agreement of the parties, Carrier policy and internal pre-approval TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A requirements,and strictly comply with Customer's policies as well as PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT all applicable laws and regulations including, without limitation, all BE BINDING UPON CARRIER, AND CARRIER HEREBY applicable laws and regulations prohibiting corruption. EXPRESSLY OBJECTS THERETO. Terms and Conditions of Sale—Equipment and/or Service 120519 Carrier Corporation 4 TR 13510 Exhibit 1 Plasma BAR IONIZATION PRODUCT SUBMITTAL • The Plasma BAR is a needlepoint type bipolar ionizer ---E-- • arranged in a long, narrow bar design.The unit is installed R -t at the air entering side of the cooling coil of an air handling L� ;] 1 x unit(AHU)or roof top unit(RTU).The installer mounts • ry( - JIthe Plasma BAR using the provided brackets insuring that J A'� the ionization needles are pointed down to avoid debris -_ ,t-- -// accumulating on the needles.The 96" long BAR can treat } -`�/ up to 20,000 CFM. For higher airflows, multiple BARS will T - • - it hl ' -, be used.The BAR operates on I2V DC which is supplied •'„ , 5 %f from the Control Panel using the provided low voltage �: •.4 power cable.The Control Panel is capable of accepting 24V AC or 12V DC. For 120V/230V applications,a I2V DC power supply will be provided. SPECIFICATIONS: CONTROL PANEL(CP): Housing Material: 18 Gauge Galvanized Steel Dimensions 6 5" (I) x 6.5"(w) X 3.5"(d) Maximum Operating Temperature- 200°F(93°C) Direct Input Voltage I 2V DC or 24V AC Mode of Operation: Needlepoint type Input Voltage requiring power supply I20/230V AC Needle Configuration: Recessed Frequency 50/60 Hz Mounting: Top angle brackets Over-current Protection Automatic Reset I Amp fuse Pressure Drop- <0.05"W.G. Length of wiring harness from CP to BAR 20'-0" Dimensions- See Figure I Interconnecting Voltage to BAR I 2V DC Approvals- Intertek/ETL Standard UL867 Environmental Service Indoor only PLASMA BAR MODEL#PB-XXX 018 024 030 036 042 048 054 AIRFLOW TREATED(CFM) 3,750 5,000 6,250 7,500 8,750 10,000 11,250 LENGTH OF PLASMA BAR(inches) 18 24 30 36 42 48 54 QUANTITY OF IONIZERS ON BAR 3 4 5 6 7 8 9 ELECTRICAL CURRENT DRAW(mA) 90 120 150 180 210 240 270 POWER CONSUMPTION (VA) 2.2 2.9 3.6 4.3 5.0 5.8 6.5 WEIGHT(LBS) 1.1 1.5 1.9 2.3 2.6 3.0 3.4 PLASMA BAR MODEL#PB-XXX 060 066 072 078 084 090 096 AIRFLOW TREATED(CFM) 12,500 13,750 15,000 16,250 17,500 18,750 20,000 LENGTH OF PLASMA BAR(inches) 60 24 72 78 84 90 96 QUANTITY OF IONIZERS ON BAR 10 11 12 13 14 15 16 ELECTRICAL CURRENT DRAW(mA) 300 330 360 390 420 450 480 POWER CONSUMPTION(VA) 7.2 7.9 8.6 9.4 10.1 10.8 11.5 WEIGHT(LBS) 3.8 4.1 4.5 4.9 5.3 5.6 6.0 CONTROL PANEL PLASMA BAR DIMENSIONS 24 V AC 0 0 I LENGTH ,f C E POWER INPUT see chart above II C I2V DC POWER s�o ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 4,.a,ssFF,Fo INPUT JACK FROM - 2 120V/230V o R- 12V DC WIRE HARNESS(20.0") 3_S I U� CONTROL PANEL y W � POWER SUPPLY s< IO4NAu"" ,, FROM CONTROL PANEL TO BAR O EIPOLARIO"G"'"AIOR O= 0./ I .S SERIAL NO. IgU ' FOR UANTITY OF IONIZERS 0.5"_� ��tIIVV__ DRY CONTACTS s ;e Q � SIDE VIEW FOR BAS p� SEE CHART ABOVE MONITORING nD CONTROL PANEL SIDE VIEW -O INDICATES - zD cj ACTUAL IONIZER - ys IONIZATION POWER N FUNCTIONALITY-, 0; INDICATOR ON OFF I 3.5" p 0 W 1 0 LED- '-ON/OFF SWITCH I- 6.5" H bA Q 0 CP P la s rn a Air PLASMA AIR 35 MELROSE PLACE,STAMFORD,CT 06902 0 phone 203-662-0800 fax 203-662-0808 www.plasma-air.com info@plasma-air.com O PA-COM-US-SUB-004 r TR 13510 Exhibit 1 PlasmaPURE 600 IONIZATION PRODULI SUBMITTAL The PlasmaPURE 600 ionizers produce positive and negative oxygen ions neutralizing harmful pollutants and odors in the khome.This self balancing unit is highly versatile as it may be - — 'Nor- /' installed at the fan inlet of an air handling unit,furnace or in Ethe air stream of a ductless split system with screws or 4Pi Plaw S.p ma magnet. Models available for I2VDC, 24VAC, 120VAC and mod ial q 6 208-240VAC without the use of an external power supply. saiosoo Eft �'� " � The unit is protected with an in-line 500mA glass cartridge fuse. Each ionization unit is rated up to 6 tons (2,400 CFM). SPECIFICATIONS: DIMENSIONS: See Figure I Airflow Capacity: 2,400 CFM APPROVALS: Intertek/ETL Standard UL 867 Pressure Drop: Less than 0.01 In. WG Housing Material: ABS ORDERING NOMENCLATURE: Weight: 0 2 lbs 600 Maximum Operating Temperature: 200° F (93°C) � � I = 12V DC Electrical: Voltage Input I 2V DC(601) 2 = 24V AC 24V AC (602) 3 = 120V AC I20V AC (603) 4 = 208-240V AC 208-240V AC (604) Power Consumption: Less than I watt 0= Placeholder Frequency 50/60 hertz ► PlasmaPURE 600 Series Over Current Protection:500mA Glass Cartridge Fuse Lead Wires 50"(L) Ionization Output: Mode of Operation• Needlepoint Type Needle Configuration• Brush Type FIGURE 1 IONIZATION BRUSHES MOUNTING MOUNTING DIMENSIONS NOT TO SCALE TAB MOUNTING TAB j MAGNET RES q\I3n6,, LED INDICATOR LIGHT J y 3 1/e„ •_ U TOP VIEW -LED LED LEADIONIZATION INDICATOR INDICATOR WIRES f BRUSH LIGHT LICHT LEAD — WIRES 1 IONIZATION -ABS POTTED BOX BRUSH (TYP.) 4,,0,ssi..0 MOUNTING WITH TABS AND TAB —\1/4MOUNTING HOLES MOUNTING u� 0.20"DIA I TAB ® ® II/4" MOUNTING a��'Pil"s 5 je MAGNET -o C) I- 21/4" .-1 . S - 23/4" 1 1 FRONT VIEW SIDE VIEW c_ {51' P la s m a Air PLASMA AIR 35 MELROSE PLACE,STAMFORD,CT 06902 0 phone 203-662-0800 fax 203-662-0808 www.plasma-air.com info@plasma-air.com O PARES US-SUB 002 TR 13510 Exhibit 1 PURE-PLASMA - PLASMA BAR-X IONIZATION PRODUCT SUBMITTAL APPLICATION The Plasma BAR-X is a needlepoint type bipolar ionizer arranged in a long narrow design and produces 35 mil- lion positive and negative ions per cubic centimeter when ` )Y tested at 1" from the bar. The ionizer is installed on the ' entering side of the cooling coil of an air handling unit • k -1,1---, (AHU) or roof top unit (RTU). The installer mounts the �, Plasma BAR-X using two (2)#8 sliding mounting studs in •_ a slotted channel insuring that the ionization needles are pointed down to avoid debris accumulation. The included power supply can accept 115 or 230V AC selectable, - -- ?,, 50/60Hz, single phase. Electrical approvals: cULus, CE. SPECIFICATIONS Dimensions. See Figure 1 Input Voltage. 115V Standard/230V available Length: 3"to 144",standard lengths below Input Current 0 5A(115V),0.25A(230V) Ionizing Point Spacing: 0.75"on center Operating Current 5 mA Finish. Brushed Aluminum Power Supply:.One per AHU/Up to(2)Bars/Power Supply Needles: 316 Stainless Steel Power Wiring Conduit- 1/4"Liquid tight Ion Output +35 million ions/cc @ 1" Mounting. Two(2)#8 sliding mounting studs PLASMA AIR MODEL#PBX-XXX 018 024 030 036 042 048 054 060 066 AIRFLOW TREATED(CFM) 3,750 5,000 6,250 7,500 8,750 10,000 11,250 12,500 13,750 LENGTH OF PLASMA BAR-X(inches) 18 24 30 36 42 48 54 60 66 WEIGHT(LBS) 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5 PLASMA AIR MODEL#PBX-XXX 072 078 084 090 096 108 120 132 144 AIRFLOW TREATED(CFM) 15,000 16,250 17,500 18,750 20,000 22,500 25,000 27,500 30,000 LENGTH OF PLASMA BAR-X(inches) 72 78 84 90 96 108 120 132 144 WEIGHT(LBS) 6.0 6.5 7.0 7.5 8.0 9.0 10.0 11.0 12.0 Figure 1 2 3/4 - 1 7/8—► 5/16 WIDE SLOT - TIP 2 PLACES 1 3/8 01/4 NPK"/ 05/16 TYP 4 HOLES __ 15/16 4 HOLES PIKE-PLASMA �i_U875 �� U5 , , _11[_ CERTIFICATIONS: — 5/16 ��``� . 0] CE C7VUS o.7s000 FM XIIB)M AG paw p Lqw ou�x,a!/a2al I_ iS Orr Ispi Vttu,� ii.IF CVIC TI ` �aKuultner�wXmnetras cds[LTxcronEamr N8 Adjustable mounting stud CAUTION:Fn, Iinpaap tacti negainat M Vit rs�icd:it 1.0 S1a typo and raring 0.75 C/C i sute Notes sang owvl Unn .LLCtmdbld. wwarlw.aa 7 5 3/4 0 C E 5 1/8 --} — - — — — a____ e- 0.75 44-- 1— DANGER!High Voh go Sh Shock Har,,a. Wi S:a�aYl�,aan�.'�s t:Z1:, High Valtaga ,b_o. vdr... High Ailing OVERALL LENGTH A0 ,ppa v,N„ �v —oru -., u yt�y. jj r�yjsM�� �hy� -- J/ --ITT-- W — PLASMA BAR-X DIMENSIONS , • 1 I I J Not to Scale 1 15/16--.-I 4 PUREAIR CONTROL SERVICES INC 1-800-422-7873 • PureAirControls.corn • 4911 Creekside Dr.,Suite C,Clearwater,FL 33760 4" TR 13510 Exhibit 1 Address 5440 NW 33rd Ave. Suite 108 Fort Lauderdale FL 33309 Ca rrc er Phone (954)448-9775 Fax (860)998-1014 E-mail scott.mclennan@carrier.com Contact Name Luis Borgos Account CITY OF TAMARAC Phone (954)597-3729 Site Address 10101 State St Estimate Date 09/23/2020 Tamarac,FL,33321-6428 Quote Number 00554970 Job Description M-Bipolar Ionization Equipment for Tamarac Buildings Scope of Work Bipolar Ionization equipment for selected Tamarac City facilities. Materials sold separately under terms of Sourcewell Master Agreement. Installation sold separately. Exclusions/Clarifications This quote does not include the waste disposal and labor performed outside normal business hours unless otherwise noted.In addition,the quoted price does not include any sales,excise,or similar taxes,any that apply will be added at cost. City must provide Sales Tax Exemption Certificate to Carrier to avoid having to pay Sales or Use tax on materials sold under this Sourcewell Agreement. Total Quoted Price Total Price for Scope of Work excluding applicable taxes: $92,075.00 This proposal is valid for 30 days from the date of proposal.Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase,Order,Contract,Agreement,etc.Carrier would like to thank you for the continuing opportunity to be of service. Sincerely, Scott McLennan Carrier Commercial Service Title Customer Acceptance(signature) Date Purchase Order The attached Terms&Conditions shall govern. Quote#00554970 1 TR 13510 Exhibit 1 CARRIER CORPORATION TERMS AND CONDITIONS OF SALE—EQUIPMENT AND/OR SERVICE 1.PAYMENT AND TAXES-Payment shall be made net 30 days refrigerant loss,or for repairs or replacement of such equipment,parts from date of invoice.Carrier reserves the right to require cash payment or components, required as a consequence of faulty installation, or other alternative method of payment prior to shipment or completion misapplication, vandalism, abuse, exposure to chemicals, improper of work if Carrier determines,in its sole discretion,that Customer or servicing, unauthorized alteration or improper operation by persons Customer's assignee's financial condition at any time does not justify other than Carrier.THIS WARRANTY IS GIVEN IN LIEU OF ALL continuance of the net 30 days payment term. In addition to the price, OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY Customer shall pay Carrier any taxes or government charges arising INCLUDING THE IMPLIED WARRANTIES OF from this Agreement. If Customer claims that any such taxes or MERCHANTABILITY AND FITNESS FOR A PARTICULAR government charges do not apply to the transactions governed by this PURPOSE. Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due 8. WORKING HOURS - All services performed under this invoices will accrue interest at the lesser of 1% per month or the Agreement, including but not limited to, major repairs, are to be maximum amount allowable by law. provided during Carrier's normal working hours unless otherwise agreed. 2.EXTRAS-Equipment,parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer's written 9.CUSTOMER RESPONSIBILITIES(Service Contracts only)- authorization,paid for as an extra at Carrier's prevailing labor rates Customer shall: and equipment/parts charges, and subject to the terms of this Agreement. • Provide safe and reasonable equipment access and a safe work environment. 3. RETURNS -No items will be accepted for return without prior • Permit access to Customer's site, and use of building written authorization. Returned goods may be subject to a restocking services including but not limited to: water, elevators, charge. Special order and non-stock items cannot be returned. receiving dock facilities, electrical service and local telephone service. 4.SHIPMENT-All shipments shall be F.O.B.shipping point,freight • Keep areas adjacent to equipment free of extraneous prepaid and allowed to the job site. Shipment dates quoted are material, move any stock, fixtures, walls or partitions that approximate. Carrier does not guarantee a particular date for shipment may be necessary to perform the specified service. or delivery. • Promptly notify Carrier of any unusual operating conditions. • Upon agreement of a timely mutual schedule,allow Carrier 5.PARTIAL SHIPMENT-Carrier shall have the right to ship any to stop and start equipment necessary to perform service. portion of the equipment, goods or other materials included in this • Provide adequate water treatment. Agreement and invoice Customer for such partial shipment. • Provide the daily routine equipment operation(if not part of this Agreement)including availability of routine equipment 6.DELAYS-Carrier shall not be liable for delays in manufacturing, log readings. shipping or delivery by causes beyond the control and without the fault • Where Carrier's remote monitoring service is provided, or negligence of Carrier, including but not restricted to acts of God, provide and maintain a telephone line with long distance acts of a public enemy, acts of government, acts of terrorism, fires, direct dial and answer capability. floods,epidemics,quarantine restrictions,freight embargoes,supplier • Operate the equipment properly and in accordance with delays, strikes, or labor difficulties (collectively "Force Majeure Events"). Carrier agrees to notify Customer in writing as soon as instructions. practicable of the causes of such delay. In the event that any materials • Promptly address any issues that arise related to mold,fungi, or equipment to be provided by Carrier under this Agreement become mildew or bacteria. permanently unavailable as a result of a Force Majeure Event,Carrier • Identify and label any asbestos containing material that may shall be excused from furnishing such materials or equipment. be present. The customer will provide, in writing,prior to the start of a job,a signed statement regarding the absence 7.WARRANTY-Carrier warrants that all equipment manufactured or presence of asbestos for any job where the building or the by Carrier Corporation and all Carrier equipment,parts or components equipment to be serviced is older than 1981. Should this supplied hereunder will be free from defects in material and document state that no asbestos is present,the customer will workmanship. Carrier shall at its option repair or replace,F.O.B.point also provide in writing the method used to determine the of sale, any equipment, part or component sold by Carrier and absence of asbestos. determined to be defective within one(I)year from the date of initial operation or eighteen(18)months from date of shipment,whichever is 10.EXCLUSIONS-Carrier is not responsible for items not normally earlier. Carrier does not warrant products not manufactured by Carrier subject to mechanical maintenance including but not limited to: duct Corporation, but it does pass on to Customer any transferrable work, casings, cabinets, fixtures, structural supports, grillage, water manufacturer warranties for those products. Carrier warrants that all piping, steam piping, drain piping, cooling tower fill, boiler tubes, service provided by Carrier hereunder shall be performed in a boiler refractory, disconnect switches and circuit breakers. Carrier is workmanlike manner. In the event any such service is determined to not responsible for repairs, replacements, alterations, additions, be defective within ninety (90) days of completion of that service, adjustments,repairs by others,unscheduled calls or emergency calls, Carrier shall at its option re-perform or issue a credit for such service. any of which may be necessitated by negligent operation, abuse, Carrier's obligation to repair or replace any defective equipment,parts misuse, prior improper maintenance, vandalism, obsolescence, or components during the warranty period shall be Customer's building system design, damage due to freezing weather, chemical/electrochemical attack,corrosion,erosion,deterioration due exclusive remedy. Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or to unusual wear and tear,any damage related to the presence of mold, components, for charges for transportation,handling and shipping or fungi, mildew, or bacteria, damage caused by power reductions or Terms and Conditions of Sale—Equipment and/or Service 120519 Carrier Corporation 2 TR 13510 Exhibit 1 failures or any other cause beyond Carrier's control.Carrier shall not be required to perform tests, install any items of equipment or make 15.DATA DELIVERY-During the term of the Agreement Customer modifications that may be recommended or directed by insurance shall(i)make reasonable efforts to ensure that the hardware remains companies,government,state,municipal or other authority. However, powered on,(ii)avoid intentional action to impede,block or throttle in the event any such recommendations occur, Carrier, at its option, collection and transmission of Source Data by Carrier,and(iii)avoid may submit a proposal for Customer's consideration in addition to this intentional action to disable,turn off,or remove the hardware without Agreement. Carrier shall not be required to repair or replace Carrier's express written consent, which consent shall not be equipment that has not been properly maintained. unreasonably withheld. 11.EQUIPMENT CONDITION&RECOMMENDED SERVICE 16. REVERSE ENGINEERING - Customer shall not extract, (Service Contracts only)-Upon the initial scheduled operating and/or decompile or reverse engineer any software included with, initial annual stop inspection, should Carrier determine the need for incorporated in,or otherwise associated with the hardware and shall repairs or replacement, Carrier will provide Customer in writing an not reverse engineer any reports or analytics provided to or received `equipment condition' report including recommendations for by Customer from Carrier. corrections and the price for repairs in addition to this Agreement.In the event Carrier recommends certain services(that are not included 17.WAIVER OF DAMAGES-Under no circumstances shall Carrier herein or upon initial inspection)and if Customer does not elect to have be liable for any incidental, special or consequential damages, such services properly performed in a timely fashion,Carrier shall not including loss of revenue, loss of use of equipment or facilities, or be responsible for any equipment or control failures,operability or any economic damages based on strict liability or negligence. long-term damage that may result. Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability, 18.LIMITATION OF LIABILITY-Carrier's maximum liability for without any responsibility, or remove such equipment from this any reason(except for personal injuries)arising from this Agreement Agreement,adjusting the price accordingly. shall not exceed the value of the payments received by Carrier under this Agreement. 12. PROPRIETARY RIGHTS (Service Contracts only)-During the term of this Agreement and in combination with certain services, 19.CANCELLATION-Customer may cancel this Agreement only Carrier may elect to install,attach to Customer equipment,or provide with Carrier's prior written consent,and upon payment of reasonable portable devices (hardware and/or software) that shall remain the cancellation charges. Such charges shall take into account costs and personal proprietary property of Carrier. No devices installed, expenses incurred, and purchases or contract commitments made by attached to real property or portable device(s)shall become a fixture Carrier and all other losses due to the cancellation including a of the Customer locations. Customer shall not acquire any interest, reasonable profit. title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices that are used in connection 20. CUSTOMER TERMINATION FOR CARRIER NON- with providing service on Customer equipment. PERFORMANCE-Customer shall have the right to terminate this Agreement for Carrier's non-performance provided Carrier fails to 13. DATA RIGHTS (Service Contracts only) - Customer hereby cure such non-performance within thirty(30)days after having been grants and agrees to grant to Carrier a worldwide,non-exclusive,non- given prior written notice of the non-performance. Upon early terminable,irrevocable,perpetual,paid-up,royalty free license to any termination or expiration of this Agreement, Carrier shall have free Source Data,with the right to sub-license to its affiliates and suppliers access to enter Customer locations to disconnect and remove any for(i)Carrier's performance of services pursuant to this Agreement, Carrier personal proprietary property or devices as well as remove any (ii) the improvement of Carrier services, and Carrier's Analytics and all Carrier-owned parts,tools and personal property. Additionally, Platform; (iii) improving product performance,operation,reliability, Customer agrees to pay Carrier for all incurred but unamortized service and maintainability;(iv)to create,compile,and/or use datasets and/or costs performed by Carrier including overheads and a reasonable statistics for the purposes of benchmarking, development of best profit. practices,product improvement;(v)the provision of services to third parties,(vi)research,statistical,and marketing purposes,and/or(vii) 21. CARRIER TERMINATION - Carrier reserves the right to in support of Carrier agreements. discontinue its service any time payments have not been made as agreed or if alterations, additions or repairs are made to equipment Source Data—shall mean data that is produced directly from a system, during the term of this Agreement by others without prior agreement or device and received at a collection point or a central server(e.g.a between Customer and Carrier. Carrier database,data lake,or third party cloud service). 22. CLAIMS - Any lawsuits arising from the performance or Analytics Platform—shall mean server algorithms or web interface nonperformance of this Agreement, whether based upon contract, systems used to(i)interpret,convert,manipulate,or calculate data,(ii) negligence,strict liability or otherwise,shall be brought within one(1) perform data processing, and/or(iii) the delivery of data to Carrier, year from the date the claim arose. affiliates or suppliers of Carrier,and/or Customer. 23. GOVERNMENT PROCUREMENTS - The components, 14. RETURN OF DATA (Service Contracts only) - Customer equipment and services provided by Carrier are"commercial items"as understands and acknowledges that the portable devices will collect defined in Section 2.101 of the Federal Acquisition Regulations Source Data that will be stored on and/or transmitted to Carrier's ("FAR"),and the prices of such components,equipment and services servers and to suppliers or affiliates that are contracted by Carrier and are based on Carrier's commercial pricing policies and practices used to transmit, process, extract or store such Source Data for (which do not consider any special requirements of U.S.Government purposes of Carrier's performance of the service in accordance with cost principles,FAR Part 31,or any similar procurement regulations). this Agreement. Once such data and information has been stored As such,Carrier will not agree to provide or certify cost or pricing data, and/or transmitted to Carrier's servers,Customer agrees that such data nor will Carrier agree to comply with the Cost Accounting Standards and information shall become part of Carrier's database and therefore (CAS). In addition,no government procurement regulations,such as subject to the license terms under section 13. Terms and Conditions of Sale—Equipment and/or Service 120519 Carrier Corporation 3 TR 13510 Exhibit 1 FARs or DFARs, shall apply to this Agreement except those 27. CUSTOMER CONSENT - Customer consents and agrees that regulations expressly accepted in writing by Carrier. Carrier may,from time to time,publicize Carrier related projects with Customer,including the value of such projects,in all forms and media 24.HAZARDOUS MATERIALS-Carrier is not responsible for the for advertising,trade,and any other lawful purposes. identification, detection, abatement, encapsulating or removal of asbestos,products or materials containing asbestos,similar hazardous 28. FOR WORK BEING PERFORMED IN CALIFORNIA - substances,or mold,fungi,mildew,or bacteria. If Carrier encounters Contractors are required by law to be licensed and regulated by the any asbestos or other hazardous material while performing this Contractors'State License Board which has jurisdiction to investigate Agreement,Carrier may suspend its work and remove its employees complaints against contractors if a complaint regarding a patent act or from the project,until such material and any hazards associated with it omission is filed within four years of the date of the alleged violation. are abated. The time for Carrier's performance shall be extended A complaint regarding a latent act or omission pertaining to structural accordingly,and Carrier shall be compensated for the delay. defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to 25. WASTE DISPOSAL - Customer is wholly responsible for the the Registrar, Contractors' State License Board, P.O. Box 26000, removal and proper disposal of waste oil, refrigerant and any other Sacramento,California 95826. material generated during the term of this Agreement. 29.INTELLECTUAL PROPERTY—Notwithstanding anything to 26. SUPERSEDURE, ASSIGNMENT and MODIFICATION - the contrary stated herein,Carrier retains ownership of its intellectual This Agreement contains the complete and exclusive statement of the property and no license to Carrier's intellectual property is granted agreement between the parties and supersedes all previous or except as necessary for Customer to use any deliverables and/or contemporaneous,oral or written,statements. Customer may assign services provided hereunder. this Agreement only with Carrier's prior written consent. No modification to this Agreement shall be binding unless in writing and 30.DATA PRIVACY—Carrier processes personal data in accordance signed by both parties. Orders shall be binding upon Carrier when with its privacy notice at Carrier.com. Each party will comply with accepted in writing by an authorized representative of Carrier. applicable data privacy laws governing personal information collected CARRIER'S ACCEPTANCE OF CUSTOMER'S ORDER IS and processed under this Agreement, including the California CONDITIONED UPON CUSTOMER'S ACCEPTANCE OF THE Consumer Privacy Act and the European General Data Protection TERMS AND CONDITIONS SET FORTH HEREIN (THIS Regulation, and take all reasonable commercial and legal steps to "AGREEMENT") AND CUSTOMER'S AGREEMENT TO BE protect personal data. If Customer provides Carrier with personal data, BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS Customer will ensure that it has the legal right to do so, including AGREEMENT AND ALL REFERENCED ATTACHMENTS notifying the individuals whose personal data it provides to Carrier. CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER Neither party receives personal data under this Agreement for AND CUSTOMER,AND NO AMENDMENT OR MODIFICATION monetary or other valuable consideration. SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE 31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS— FAILURE OF CARRIER TO OBJECT TO PROVISIONS The nature and extent of factory acceptance tests or factory CONTAINED IN ANY PURCHASE ORDER OR OTHER inspections, including without limitation,the number and identity of DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS participants, locations visited, and activities undertaken, shall be A WAIVER BY CARRIER OF THE TERMS IN THIS limited to activities directly related to the performance of this AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER'S Agreement. The tests or inspections will be subject to mutual PROVISIONS. ANY CONFLICTING OR ADDITIONAL agreement of the parties, Carrier policy and internal pre-approval TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A requirements,and strictly comply with Customer's policies as well as PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT all applicable laws and regulations including, without limitation, all BE BINDING UPON CARRIER, AND CARRIER HEREBY applicable laws and regulations prohibiting corruption. EXPRESSLY OBJECTS THERETO. Terms and Conditions of Sale—Equipment and/or Service 120519 Carrier Corporation 4 TAMARAC TR 13510 EXHIBIT 2 City of Tamarac The City For Your Life Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND CARRIER CORPORATION THIS AGREEMENT is entered into on , 20- between the City of Tamarac , a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 (City) and Carrier Corporation, a Delaware Corporation duly registered as a Florida Foreign Corporation with principal offices located at 5900-B Northwoods Business Parkway, Charlotte, North Carolina 28269 (Contractor) for the purpose of providing for the provision and installation of Bipolar Ionization equipment at various City of Tamarac facilities. The parties hereby agree to the following terms and conditions. 1. In return for valuable consideration in an amount not to exceed $145,315.00 which includes $92,075.00 for equipment and $53,240.00 for installation, Contractor shall comply with the terms and conditions within the Sourcewell Contract #030817-CAR attached hereto as Exhibit A. All terms and conditions of the contract documents set forth in Exhibit A are incorporated herein as if set forth in full, except as modified by the proposal #00554977 dated September 23, 2020 specific to the City of Tamarac, Sourcewell Member #27525, as set forth in Exhibit B attached hereto and incorporated herein as if set forth in full. 2. Upon execution of this Agreement, all references made to the Sourcewell Contract #030817-CAR in Exhibit A and Exhibit B shall be interpreted as pertaining to the City of Tamarac, and all terms and conditions of Exhibit A and Exhibit B shall be deemed as having been implemented for use within the City of Tamarac. It is understood that wherever the words "agency name" or "agency board name" appear, they shall be read as "City of Tamarac" and "City of Tamarac Commissioners". 3. Project Schedule: Contractor agrees to provide and install all equipment covered by this Agreement by no later than November 12, 2020. 4. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the City and the Contractor. In the event of a conflict between these documents, this Agreement shall prevail, followed in precedence by Exhibit B and Exhibit A in that order. 5. Contract Sum and Payments: The Contract Sum for the above work is One Hundred Forty-Five, Three Hundred and Fifteen Dollars and no cents ($145,315.00) which shall include provision of equipment in the amount of Ninety-Two Thousand Seventy-Five Dollars and no cents ($92,075.00) and Fifty-Three Thousand Two Hundred Forty Dollars an no cent ($53,240.00) for installation services. Invoices must bear the project name, project number, bid number and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 6. Insurance: In addition to the insurance requirements stated in the Sourcewell Contract #030817-CAR, Contractor shall obtain at Contractor's expense all necessary insurance 1 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. -The following minimal insurance coverage shall be provided: a. Worker's Compensation Insurance: The Contractor shall procure and maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-Contractor that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. b. Comprehensive General Liability: The Contractor shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. c. Business Automobile Liability: The Contractor shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. d. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. e. The City must be named as an additional insured for General Liability coverage unless Owners and Contractors' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. f. The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto"type policy. The City must be listed as an Additional Insured under the Policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. g. In the event that sub-contractors used by the Contractor do not have insurance, or do not meet the insurance limits, Contractor shall indemnify and hold harmless the City for any claim in excess of the sub-Contractors' 2 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division insurance coverage, arising out of negligent acts, errors or omissions of the sub-contractors. h. Contractor shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. i. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 7. Indemnification: a. The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. b. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. c. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. d. The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 3 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts J;visicn e. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. f. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 8. Permits and Licenses Contractor shall be responsible for securing all necessary City, County, State, Federal or other permits as may apply for this project. Contractor shall submit copies of all permits to City. The cost of all required permits will be reimbursed by the City, without markup, for properly submitted permit invoices, except for the following, if applicable: a. City's one percent (1%) Public Art Fee. The one percent (1%) Public Art fee is equal to one percent (1%) of construction value of improvements to the real property. b. Storm Water Drainage, Water & Sewer Infrastructure Improvement Permits. Storm Water Drainage, Water & Sewer Infrastructure Improvement Permits shall equal to 10.00% of the construction cost for these improvements, as provided on the City of Tamarac, Public Services, Engineering Division Certified Cost Estimate Form. 9. Non-Discrimination & Equal Opportunity Employment: During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, genetic information or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, genetic information or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10. Independent Contractor: This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall 4 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11. Assignment and Subcontracting: Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12. Termination: a. Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. available to the City, this Default additionto all other remedies , b. e ault byContractor: In add t Y Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13.Public Records a. The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City in order to perform the service; 2. Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 5 TAMARAC Cr :,,;a;sc The City For Your Life Purchasing and Contracts Division 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 4. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. b. During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 14.Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and 6 TAMARAC City of Ta,varac The City For Your Life l=u;coGs PC, ECC: ;�u�c. Di✓islet seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 15. Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16. Venue: This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17. Signatory Authority: The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18. Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19. No Construction Against Drafting Party: Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 20. Notice: Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services or by messenger service, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: 7 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Carrier Corporation 13995 Pasteur Blvd. Palm Beach Gardens, FL 33418 Attn: Robert J. McDonough President 21. Public Records Custodian: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG 8 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its local Commercial Service Market Manager duly authorized to execute same. CITY OF TAMARAC Mich le J. Gomez, Ma Qt) Y /0—_y-_oW IPP ;1Kali- r /46 ATTEST: ichael C. Cernech, City Manager Lée4;t' esonMC Date ty Cler �6 7- /7 2O Approved s o form and le al sufficiency: Date ,( j City Attorney it Q'20- Date ATTEST: Company Name Signature of Corporate Secretary Signature Douglas Tomsik Type/Print Name of Corporate Secy. Commercial Service Market Manager (CORPORATE SEAL) Date 9 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA : /+ SS COUNTY OF lair J a ✓A : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Douglas Tomsik, local Commercial Service Market Manager of Carrier Corporation, a Delaware Corporation doing business as a duly registered Florida Foreign Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. 14. WITNESS my hand and official seal this day of v F` , 20 Signature f Notary ubli S te-dFlorida Large riC V lr Print, Type or 8tam a�jpRYg SYNDY LOUIS Name of Notary Public NOTARY PUBLIC o o STATE OF FLORIDA ❑ Personally known to me or "STATE GG119059 Produced Identification s� V Expires 6/26/2021 Type of I.D. Produced ❑ ` DID take an oath, or DID NOT take an oath. Carrier DELEGATION I, Sara Jensen, Executive Director Legal Affairs of Carrier Corporation (the "Corporation"), having received authority from the Board of Directors of the Corporation to sign, execute and have executed certain agreements and related documents, including purchase and sale contracts, bids and proposals valued up to $7,500,000 for and on behalf of the Corporation and also having received authority to delegate such authority to employees representing the Corporation, do hereby delegate authority to Douglas Tomsik, Field Service Manager, to sign the Agreement Between The City of Tamarac and Carrier Corporation for Bipolar Ionization Installation provided by The City of Tamarac. This Delegation cannot be further delegated. Dated as of October 01, 2020. Sara Jensen Executive Director Legal Affairs Carrier Corporation EXHIBIT A G°J f"EtNMEN7 4 47:,F FORME Jot q�=G °G� CONTRACT ACCEPTANCE AND AWARD zsepA NaIlona!Mrs Powers AlILmce• O, * * Ojf 7� O P,P1�'k Pt,RCHAsu- (Top portion of this form will be completed by NJPA if the vendor is awarded a contract.The vendor should complete the vendor authorizea signatures as part of the RFP response.) NJPA Contract#:030817-CAR Proposer's full legal name:Carrier Corporation Based on NJPA's evaluation of your proposal,you have been awarded a contract.As an awarded vendor,you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth in this RFP,in any amendments to this RFP,and in any exceptions that are accepted by NJPA. The effective date of the Contract will be May 8,2017 and will expire on May 8,2021 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract). This Contract may be extended fora fifth year at NJPA's discretion. NJPA Authorized Signatures: Jeremy Schwartz NJPA UI&c TOR =CO PRAT! -CONTRACTS (NAME PRINTED OR TYPED) AND PROCUREMENT/CPO it ' Chad Coquette NJPA EXECUTIVE DIRECTOR/CEO SIGNATURE (NAME PRINTED OR TYPED) Awarded on May 8,2017 NJPA Contract#030817-CAR Vendor Authorized Signatures: The Vendor herebyy accepts`/ this Contra ct award,includiingall accepted exceptions and amendments. Vendor Name ,G\`! l V Authorized Sig atory's Title bt't-rs" di lc SA 4J S c+t=w a µow v t AUTHORIZED SIGNATURE (NAME PRINTED OR TYPED) Executed on -51br ,20/i NJPA Contract#030817-CAR Sourcewell Carrier Corporation 030817-CAR Pricing for contract#030817-CAR offers Sourcewell participating agencies the following discounts: • 45-68.5% Discount off MSRP Carrier Commercial Service Preferred Labor Rates CARRIER CHILLER CARRIER TECHNICIAN UNITARY CITY RATE TECHNICIAN Albany $150.00 $145.00 Albuquerque $140.00 $135.00 Atlanta $150.00 $145.00 Austin $140.00 $135.00 Baltimore $170.00 $165.00 Birmingham $140.00 $135.00 Boston $170.00 $165.00 Brewster $170.00 $165.00 Central/Western NY $150.00 $145.00 Charleston $140.00 $135.00 Charlotte $140.00 $135.00 Chicago $170.00 $165.00 Cincinnati $140.00 $135.00 Cleveland $160.00 $155.00 Columbia $140.00 $135.00 Columbus $150.00 $145.00 Connecticut $170.00 $165.00 Corpus Christi $140.00 $135.00 Dallas $140.00 $135.00 Denver $140.00 $135.00 Detroit $170.00 $165.00 El Paso $140.00 $135.00 Fairfield $160.00 $155.00 Farmingdale $170.00 $165.00 Fort Worth $140.00 $135.00 Grand Rapids $150.00 $145.00 Green Bay $160.00 $155.00 Harrisburg $160.00 $155.00 Hawaii $150.00 $145.00 Houston $140.00 $135.00 Indianapolis $150.00 $145.00 Jacksonville $140.00 $135.00 Jamesburg $160.00 $155.00 Kansas City $150.00 $145.00 Las Vegas $150.00 $145.00 Little Rock $140.00 $135.00 Los Angeles $170.00 $165.00 Louisville $140.00 $135.00 Madison $160.00 $155.00 Manhattan $170.00 $165.00 Memphis $150.00 $145.00 Milwaukee $160.00 $155.00 Minneapolis $170.00 $165.00 Nashville/Knoxville $150.00 $145.00 New Orleans $140.00 $135.00 Northern New England $150.00 $145.00 Oklahoma City $140.00 $135.00 Omaha $150.00 $145.00 Orlando $140.00 $135.00 Peoria $160.00 $155.00 Philadelphia $170.00 $165.00 Phoenix $150.00 $145.00 Pittsburgh $150.00 $145.00 Portland $160.00 $155.00 Raleigh $140.00 $135.00 Reno $140.00 $135.00 Richmond /Roanoke $150.00 $145.00 Sacramento $170.00 $165.00 Salt Lake City $140.00 $135.00 San Antonio $140.00 $135.00 San Diego $160.00 $155.00 San Francisco $190.00 $185.00 Seattle $170.00 $165.00 Shreveport $140.00 $135.00 South Florida $150.00 $145.00 St. Louis $150.00 $145.00 Tampa $140.00 $135.00 Toledo $140.00 $135.00 Tucson $150.00 $145.00 Tulsa $140.00 $135.00 VA Beach $140.00 $135.00 Washington DC $170.00 $165.00 Wilmington $170.00 $165.00 Carrier Commercial Service Mark up Appendix Service Agreements: 10% Discount Subcontractor Mark-up Not to exceed 1.30 x cost Material Mark-ups Not to exceed 1.30 x cost Carrier Rental Systems Preferred account pricing Energy Upgrade/Performance Contracting/Leed Products Special quotation using the above discount schedule A. Carrier Commercial Applied Products List/Master % Discount Model Description Off 16 Series Absorption Chillers 65 19XR (XR4, XR5) Rotary Chillers (Large Frame 4 & 5) 66 19XR (XR2, XR3) Rotary Chillers (Small Frame 2 & 3) 68.5 23XRV Variable Speed Screw Chillers 56 39L Series Air handlers 57 39MN Series- Indoor Air handlers - Indoor 69 39MW Series - Outdoor Air handlers - Outdoor 63 39S Series Air handlers 45 39CC Series Custom Air Handlers 50 35 Series Air Terminals/AV Boxes 60 36 Series Air Terminals/Induction Units 40 37 Series Air Terminals/Moduline 40 45 Series Air TerminalsNAV Boxes 60 42 Series Fan Coils 60 09 Series Air Cooled Condensers 60 30RAP Package Air-Cooled Chillers 59 30RB Package Air-Cooled Chillers 63 30XA (160-500T) Package Air-Cooled Chillers 63 30XA (80-140T) Package Air-Cooled Chillers 69 30XV (140-325T) Package Air-Cooled Chillers 66 30HXC (126-271T) Package Water-Cooled Chillers 63 30HXC (76-116T) Package Water-Cooled Chillers 67.5 30MP Series Package Water-Cooled Chillers 63 30XW Package Water-Cooled Chillers 63 50XC Vertical Package Units 60 52V Vertical PTAC 65 48A/P Series Gas/Electric Rooftops (27-105T) 65 48A Series Gas/Electric Rooftops (20-25T) 67 48N Series Gas/Electric Rooftops (75-150T) 65 50A/P Series Electric Rooftops (27-105T) 65 50A Series Electric Rooftops (20-25T) 67 50N Series Electric Rooftops (75-150T) 65 50 WSHP Series Water Source Heat Pumps 64 38AP Air Cooled Condensing units (25-120T) 58 361B Induction Beam 67 B. Carrier Commercial Unitary Products 38 Series Air Cooled Condensing units (6-25T) 58 40 Series DX-Fan Coil units 60 48 Series Gas/Electric Rooftop (3-27.5T) 65 50 Series Electric Rooftop (3-27.5T) 65 50 Series Heatpump Rooftops 65 62D Series Dedicated Outdoor Air Units 65 C. Carrier Residential Products 24ABB Series Air Cooled Condensing units (1.5-5T) 58 25HCD Series Heat Pump condensing unit 58 48/50 Series Small Packaged Product 65 D. Carrier Ductless &VRF Products MMYH Series Toshiba-Carrier Heat Pump VRF System 40 MMYF Series Toshiba-Carrier Heat Reovery VRF Syst( 40 MCY Series Toshiba-Carrier 1 ph Heat Pump VRF Sy: 40 38VMH Series Carrier Heat Pump VRF System (3-36T) 40 38VMR Series Carrier Heat Recovery VRF System (6-2F 40 38MA*R Series Single Zone Ductless Split System (0.75- 35 38MGR Series Multi-Zone Ductless Split System (1.5-4T 35 RAV Series Single Zone Light Commercial Ductless 35 MK Series Single Zone Light Commercial Ductless 35 MH Series Single Zone Ductless Split System (0.75- 35 GR Series Single Zone Ductless Split System (0.75- 35 GJ Series Multi-Zone Ductless Split System (1.5-4.E 35 E. Controls Carrier Controls Control Parts 50 PIREPLASMA PURE-Plasma Price List List Price Carrier Discount Product Description Needlepoint Ionization PA 601 12V DC brush ionizer treating 2,400 CFM $418.00 $334.40 PA 602 24V AC brush ionizer treating 2,400 CFM $418.00 $334.40 PA 603 120V AC brush ionizer treating 2,400 CFM $418.00 $334.40 PA 604 208-240V AC brush ionizer treating 2,400 CFM $418.00 $334.40 PA 661 12V DC brush ionizer treating 2,400 CFM w/dry contacts $506.00 $404.80 PA 662 24V AC brush ionizer treating 2,400 CFM w/dry contacts $506.00 $404.80 PA 663 120V AC brush ionizer treating 2,400 CFM w/dry contacts $506.00 $404.80 PA 664 208-240V AC brush ionizer treating 2,400 CFM w/dry contacts $506.00 $404.80 7101 Duct Mounted Needlepoint Ionizer treating 1,400 CFM,24VAC $880.00 $704.00 7201 Duct Mounted Needlepoint Ionizer treating 2,800 CFM,24VAC $990.00 $792.00 7301 Duct Mounted Needlepoint Ionizer treating 4,200 CFM,24VAC $1,320.00 $1,056.00 7401 Duct Mounted Needlepoint Ionizer treating 6,000 CFM,24VAC $1,540.00 $1,232.00 2 7000 series with 120V wall pack. see accs see accs 3 7000 series with PS-IN-LO for 120/230V see accs see accs 4 7000 series with PS-277V-LO for 277V see accs see accs Carrier List Price Discount Plasma BAR and BAR-X BAR BAR-X BAR BAR-X PB-18/PBX-18 18"(L)Bar configuration treating 3,750 CFM $1,966.80 $2,360.60 $1,430.40 $1,716.80 PB-24 I PBX-24 24"(L)Bar configuration treating 5,000 CFM $2,283.60 $2,740.10 $1,660.80 $1,992.80 PB-30/PBX-30 30"(L)Bar configuration treating 6,250 CFM $2,600.40 $3,120.70 $1,891.20 $2,269.60 PB-36/PBX-36 36"(L)Bar configuration treating 7,500 CFM $2,917.20• $3,500.20 $2,121.60 $2,545.60 PB-42/PBX-42 42"(L)Bar configuration treating 8,750 CFM $3,234.00 $3,880.80 $2,352.00 $2,822.40 PB-48/PBX-48 48"(L)Bar configuration treating 10,000 CFM $3,550.80 $4,261.40 $2,582.40 $3,099.20 PB-54/PBX-54 54"(L)Bar configuration treating 11,250 CFM $3,867.60 $4,640.90 $2,812.80 $3,375.20 PB-60/PBX-60 60"(L)Bar configuration treating 12,500 CFM $4,184.40• $5,021.50 $3,043.20 $3,652.00 PB-66/PBX-66 66"(L)Bar configuration treating 13,750 CFM - $4,501.20,▪ $5,401.00 $3,273.60 $3,928 00 PB-72/PBX-72 72"(L)Bar configuration treating 15,000 CFM $4,818.00 $5,781.60 $3,504.00 $4,204.80 PB-78/PBX-78 78"(L)Bar configuration treating 16,250 CFM $5,134.80 $6,162.20 $3,734.40 $4,481.60 PB-84 I PBX-84 84"(L)Bar configuration treating 17,500 CFM $5,451.60 $6,541.70 $3,964.80 $4,757.60 ' PB-90/PBX-90 90"(L)Bar configuration treating 18,750 CFM $5,768.40 $6,922.30 $4,195.20 $5,034.40 PB-96/PBX-96 96"(L)Bar configuration treating 20,000 CFM $6,085.20 $7,301.80 $4,425.60 $5,310.40 PBX-108 108"(L)Bar configuration treating 22,500 CFM $7,682.40 $5,587.20 PBX-120 120"(L)Bar configuration treating 25,000 CFM $8,063.00 $5,864.00 PBX-132 132"(L)Bar configuration treating 27,500 CFM $8,442.50 $6,140.00 PBX-144 144"(L)Bar configuration treating 30,000 CFM $8,822.00 $6,416.00 PB-CP REQUIRED 4 -BAR control panel,accepts 24 $880.00 VAC;120-277V requires power supply 8640.00 PBX-CP REQUIRED 4-BAR-X control panel,accepts $1,056.00 $768.00 120VAC or230VAC List Price Carrier Discount Tube Ionization 101 C,101 D,101E Single tube duct mounted ionizer with C,D or E-tube-120V $1,016.40 $813.12 102C,102D,102E Single tube duct mounted ionizer with C,D or E-tube-230V $1,016.40 $813.12 103C,103D,103E Single tube duct mounted ionizer with C,D or E-tube-24V $1,016.40 $813.12 201D,201E Two-tube duct mounted ionizer with D or E-tubes-120V $1,430.00 $1,144.00 202D,202E Two-tube duct mounted ionizer with D or E-tubes-230V $1,430.00 $1,144.00 51 E Five-tube duct or AHU mount ionizer with E-tubes-120V $3,850.00 $3,080.00 51 F Five-tube duct or AHU mount ionizer with F-tubes-120V $4,290.00 $3,432.00 Portables Protect 200 120V;1 plasma tube with single speed fan,treats 200 sq.ft. $1,760.00 $1,408.00 Protect 900 120V;2 plasma tubes with 2-speed fan,pre-filter,treats 900 sq.ft. $2,970.00 $2,376.00 Defend 1050 120V;5 plasma tubes with 5-speed fan,pre-filter,HEPA and carbon filters,treats 2000 sf $15,840.00 $12,672.00 Ion Measurement Ion Meter Handheld ion meter $1,540.00 $1,232.00 Duct Ion Sensor Duct or AHU mounted ion sensor $1,100.00 $880.00 Accessories 120V Wall Pack 120V AC wall outlet power supply,500 mA(for 7000 series) $26.40 $21.12 230V Wall Pack 230V AC wall outlet power supply,500 mA(for 7000 series) $26.40 $21.12 PS-IN-LO 120/230V AC power supply,1 amp(for 7000 series) $26.40 $21.12 PS-277V-LO 277V AC power supply,1 amp(for 7000 series) $110.00 $88.00 PS-IN-HI 120/230V AC power supply,2.1 amps(for Plasma BAR) $55.00 $44.00 T-277-24VAC 277V AC transformer(for Plasma BAR) $110.00 $88.00 AFS-262 Pressure differential switch-ships loose $88.00 $70.40 AFS-MF Mounting frame with integral pressure switch for 100s&200s $176.00 $140.80 AFS-MF-JB Mounting frame with integral pressure switch and junction box $176.00 $140.80 BAS Monitoring Relay Dry contacts for models 160/260 $110.00 $88.00 Replacement tubes B Tube Replacement Tube for P1000 $165.00 $132.00 C Tube Replacement Tube $159.50 $127.60 D Tube Replacement Tube $170.50 $136.40 E Tube Replacement Tube $181.50 $145.20 F Tube Replacement Tube $192.50' $154.00 Scrubbers Ceiling Scrubber Ceiling Air Purification Scrubber $3,300.00 $2,640.00 MlNlscrubber 400 to 6000 CFM Air Handler with factory ionizer and prefilter per spec per spec -Call for details and pricing Filter Replacement Ceiling Scrubber Carbon Filter Replacement carbon filter for Ceiling Scrubber $66.00 $52.80 Ceiling Scrubber HEPA Replacement HEPA filter for Ceiling Scrubber $55.00 $44.00 Ceiling Scrubber UV Light Replacement UV light for Ceiling Scrubber $55.00 $44.00 Defend 1050 Pre Filter Replacement pre filter for Defend 1050 $165.00 $132.00 Defend 1050 Carbon Filter Replacement carbon filter for Defend 1050 $415.80 $332.64 Defend 1050 HEPA filter Replacement HEPA Filter for Defend 1050 $657.80 $526.24 Defend 1050 Year One Package 3x Defend 1050 Pre Filters,2x Defend 1050 Carbon Filters $2,332.00 $1,865.60 1.Prices do not include freight. 2.Prices for tube ionizers include the appropriate tube(s). 3.The BAR and BAR-X products require the use of a Control Panel(CP).One panel can power two BARs. 4.Quick Ship option available for most models.15%added to product cost.Expedited freight at Rep's cost AeraMax Professional cleans the air in four steps: Engineered for permanent installation in common areas: I A pro-filter captures and removes large Encased,thermal-protected particles and contaminants brushless DC motors for low r ~M r noise,and long-term continuous /{ ra 2 Carbon filtration adsorbs odors&VOCs use at high RPMs. LI True HEPA filtration traps 99.97%of True HEPA filters have a any remaining airborne pollutants' mechanically compressed edge gasket,helping to eliminate Anti-microbial treatment e HEPA litter air/fitter bypass for efficient, � ,' effectively reduces the development of _' long-term performance in a bacteria and fungi on the filter ..7 common environments. , -. s PlasmaTrue^'Bipolar Ionization Reinforced housing,locking \� electrically charges airborne particles to , ` " access panel,and internal -t enhance filtration control panel and mounting ( _ l screws make the unit vandal 'as small as 0.3 ro micns resistant. PURE-AERAMAX PRO OPTIONS (without pureview technology) Type of IAQ Remediation MSRP Units TOTAL DISCOUNT TOTAL 4 Stage HEPA Air Purification unit Aeramax II • Certified by the Asthma&Allergy Foundation of America(AAFA) PURE- • 4 Stage Filtration Device: AeraMax R` • Pre Filter $945.00 1 $945.00 $245.01 $699.99 Pro II • Carbon Filtration—absorbs odors • TRUE HEPA—traps 99.97 pollutants 150 to 300 SF • PlasmaTrue Bipolar Ionization—charges particulate to enhance filtration) Patented EnviroSmart to detect sound,motion,and odor within the room to automatically adjust its performance HEPA Air Purification unit Aeramax III • Certified by the Asthma&Allergy Foundation of PURE- America(AAFA) �lr M0 AeraMax • 4 Stage Filtration Device: Pro III • Pre Filter ; .1 $1,260.00 1 $1,260.00 $360.01 $899.99 • Carbon Filtration—absorbs odors . • TRUE HEPA—traps 99.97 pollutants 300 to 700 SF • PlasmaTrue Bipolar Ionization—charges particulate to enhance filtration Patented EnviroSmart to detect sound,motion,and odor within the room to automatically adjust its performance HEPA Air Purification unit Aeramax IV • Certified by the Asthma&Allergy Foundation of PURE- America(AAFA) cj AeraMax • 4 Stage Filtration Device: Ps Pro IV • Pre Filter Carbon Filtration—absorbs odors =r $2,100.00 1 $2,100.00 $600.01 $1,499.99 •600 to 1400 • TRUE HEPA—traps 99.97 pollutants SF • PlasmaTrue Bipolar Ionization—charges particulate to enhance filtration Patented EnviroSmart to detect sound,motion,and odor within the room to automatically adjust its performance Note: PURE-Aeramax Pro options pricing does not include stand. If stand is required, price point shall increase another$60 to$150 depending upon which unit is selected. • PURE AlI Pu reViewTM 7 Seeing is believing-the best way to show your facility occupants that you are taking their health seriously is to show them!The Invisible becomes visible with PureViewm technology,a display that allows occupants to see the difference as they feel the difference. Two high grade laser particle counters monitor air quality as it enters and exists the machine.enabling CLEAN the screen to show the air quality data in two different display modes. 99%; Room Status shows the current air quality in the room and the%of particles being captured in real-time PM2.5.Displays real time the PM2.5 levels entering the unit and being removed in the },; filtration process. The screen also showcases VOC/Odor levels and filter change reminders. Maximum peace of mind for your facility users and maximum visibility for your facilities team. PURE-AERAMAX PRO W! Pure-View Technology Type of IAQ Remediation MSRP Units TOTAL DISCOUNT TOTAL HEPA Air Purification unit Aeramax III • Certified by the Asthma&Allergy Foundation of America(AAFA) • 4 Stage Filtration Device: PURE- • Pre Filter 24 AeraMax • Carbon Filtration—absorbs odors Pro III • TRUE HEPA—traps 99.97 pollutants $1,499.98 1 $1,499.98 $299.99 $1,199.99 • PlasmaTrue Bipolar Ionization—charges particulate to enhance filtration 300 to 700 SF • PureView Technology—real time PM2.5 and VOC visual sensors Patented EnviroSmart to detect sound,motion, and odor within the room to automatically adjust its performance HEPA Air Purification unit Aeramax IV • Certified by the Asthma&Allergy Foundation of America(AAFA) CERTIFIER t°dra.m PURE- • 4 Stage Filtration Device: • Pre Filter AeraMax • Carbon Filtration—absorbs odors Pro IV • TRUE HEPA—traps 99.97 pollutants $2,399.98 1 $2,399.98 $599.99 $1,799.99 • PlasmaTrue Bipolar Ionization—charges particulate 700 to 1400 to enhance filtration SF • PureView Technology—real time PM2.5 and VOC visual sensors Patented EnviroSmart to detect sound,motion, and odor within the room to automatically adjust its performance Note: PURE-Aeramax Pro options pricing does not include stand. If stand is required, price point shall increase another$60 to$150 depending upon which unit is selected. (0-- „...0,,,,....Nr,4„. 6,:(1.. * * 4\ (hJPAfl 1 J6 1 1 y 4' er . if l� 4-J Om A-13 T15,0? National Joint Powers Alliance® REQUEST FOR PROPOSAL for the procurement of HVAC SYSTEMS, INSTALLATION, AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES RFP Opening MARCH 9, 2017 8:00 a.m. Central Time At the offices of the National Joint Powers Alliance® 202 12th Street Northeast, Staples, MN 56479 RFP #030817 The National Joint Powers Alliance®(NJPA),on behalf of NJPA and its current and potential member agencies,which includes all governmental,higher education,K-12 education,not-for-profit,tribal government,and all other public agencies located in all fifty states, Canada,and internationally, issues this Request For Proposal (RFP)to result in a national contract solution for the procurement of#030817 HVAC SYSTEMS,INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES.Details of this RFP are available beginning January 12,2017.Details may be obtained by letter of request to Jonathan Yahn,NJPA,202 12th Street Northeast,P.O.Box 219, Staples,MN 56479,or by e-mail at RFP@njpacoop.org.Proposals will be received until March 8,2017 at 4:30 p.m.Central Time at the above address and opened March 9,2017 iat 8:00 a.m.Central Time. RFP Timeline January 12,2017 Publication of RFP in the print and online version of USA Today,in the print and online version of the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of Commerce within the State of Oregon(note: OR entities this pertains to: http://www.njpacoop.org/oregon-advertising),in the print and online version of The State within the State of South Carolina,the NJPA website, MERX,Noticetobidders.com,PublicPurchase.com,Biddingo,and Onvia.1 February 15,2017 Pre-Proposal Conference(the webcast/conference call).The 10:00 a.m. CT connection information will be sent to all inquirers two business days before the conference March 1,201'7 Deadline for RFP questions.1 March 8,2017 Deadline for Submission of Proposals.Late responses will be 4:30 p.m. CT returned unopened March 9,2017 Public Opening of Proposals. 8:00 a.m. CT Direct questions regarding this RFP to:Jonathan Yahn at jonathan.yahnanjpacoov.org or (218)895-4144. 1 TABLE OF CONTENTS 1. DEFINITIONS B. Proposer Responsiveness A. Contract C. Proposal Evaluation Criteria B. Proposer D. Other Consideration C. Sourced Good of Open Market Item E. Cost Comparison D. Vendor F. Marketing Plan G. Certificate Of Insurance 2. ADVERTISEMENT OF RFP H. Order Process and/or Funds Flow 3. INTRODUCTION I. Administrative Fees A. About NJPA J. Value Added B. Joint Exercise of Powers Laws K. Waiver of Formalities C. Why Respond to a National Cooperative 7. POST AWARD OPERATING ISSUES Procurement Contract A. Subsequent Agreements D. The Intent of This RFP B. NJPA Member Sign-up Procedure E. Scope of This RFP C. Reporting of Sales Activity F. Expectations for Equipment/Products D. Audits and Services Being Proposed E. Hub Partner G. Solutions Based Solicitation F. Trade-Ins G. Out of Stock Notification 4. INSTRUCTIONS FOR PREPARING YOUR H. Termination of a Contract resulting from PROPOSAL this RFP A. Inquiry Period B. Pre-Proposal Conference 8. GENERAL TERMS AND CONDIITONS C. Identification of Key Personnel A. Advertising a Contract Resulting From D. Proposer's Exceptions to Terms and This RFP Conditions B. Applicable Law E. Proposal Format C. Assignment of Contract F. Questions&Answers About This RFP D. List of Proposers G. Modification or Withdrawal of a E. Captions,Headings,and Illustrations Submitted Proposal F. Data Practices H. Proposal Opening Procedure G. Entire Agreement I. NJPA's Rights Reserved H. Force Majeure I. Gratuities 5. PRICING J. Hazardous Substances A. Line-Item Pricing K. Licenses B. Percentage Discount From Catalog or L. Material Suppliers and Sub-Contractors Category M. Non-Wavier of Rights C. Cost Plus a Percentage of Cost N. Protests of Awards Made D. Hot List Pricing O. Suspension or Disbarment Status E. Ceiling Price P. Affirmative Action and Immigration F. Volume Price Discounts/ Status Certification Additional Quantities Q. Severability G. Total Cost of Acquisition R. Relationship of Parties H. Sourced Equipment/Products/ Open Market Items 9. FORMS I. Price and Product Changes 10. PRE-SUBMISSION CHECKLIST J. Payment Terms K. Sales Tax 11. PRICE & PRODUCT CHANGE REQUEST L. Shipping FORM 6. EVALUATION OF PROPOSALS 12. APPENDIX A A. Proposal Evaluation Process 2 1 DEFINITIONS A. CONTRACT Contract means this RFP, current pricing information, fully executed Forms C, D, F, & P from the Proposer's response pursuant to this RFP, and a fully executed Form E ("Acceptance and Award") with final terms and conditions.Form E will be executed after a formal award and will provide final clarification of terms and conditions of the award. B. PROPOSER A Proposer is a company, person, or entity delivering a timely response to this RFP. This RFP may also use the terms "respondent" or"proposed Vendor,"which is interchangeable with Proposer as the context allows. C. SOURCED GOOD or OPEN MARKET ITEM A Sourced Good or Open Market Item is a product within the RFP's scope 1)that is not currently available under the Vendor's NJPA contract,2)that a member wants to buy under contract from an awarded Vendor, and 3)that is generally deemed incidental to the total transaction or purchase of contract items. D. VENDOR A Proposer whose response has been awarded a contract pursuant to this RFP. 2 ADVERTISEMENT OF RFP 2_1 NJPA advertises this solicitation: 1) in the hard copy print and online editions of the USA Today; 2) once each in Oregon's Daily Journal of Commerce, South Carolina's The State and Utah's Salt Lake Tribune; 3)on NJPA's website; and 4)on other third-party websites deemed appropriate by NJPA. Other third-party advertisers may include Onvia,PublicPurchase.com,MERX, and Biddingo. 2_2 NJPA also notifies and provides solicitation documentation to each state-level procurement departments for possible re-posting of the solicitation within their systems and at their option for future use and to meet specific state requirements. 3 INTRODUCTION A. ABOUT NJPA 3_I The National Joint Powers Alliance®(NJPA)is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer,among other services,cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. 3_2 Under the authority of Minnesota state laws and enabling legislation,NJPA facilitates a competitive solicitation and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.nipacoop.org. 3.3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA's Board of Directors oversees and authorizes the calls for all new proposals and holds those resulting Contracts for the benefit of its own and its Members use. 3.4 NJPA currently serves over 50,000 member agencies nationally.Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. B.JOINT EXERCISE OF POWERS LAWS 3_5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other states and Canadian provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states "Two or more governmental units...may jointly or cooperatively exercise any power common to the contracting parties..." This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally can participate in cooperative purchasing activities under their own state law. These laws can be found on our website at http://www.njpacoop.org/national-cooperative-contract- solutions/legal-authority/. C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 3_6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies,as well as for Vendors of products/equipment and services in a variety of ways: 4 3.6.1 National cooperative contracts potentially save time and effort for municipal and public agencies, who otherwise would have to solicit vendor responses to individual RFPs, resulting in individual contracts,to meet the procurement needs of their respective agencies.Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs.A single,nationally advertised RFP,resulting in a single,national cooperative contract can potentially replace thousands of individual RFPs for the same equipment/products/services that might have been otherwise advertised by individual NJPA member agencies. 3.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 3_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices,better overall value,and considerable time savings. 3.8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 3_9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Vendors have the opportunity to display and highlight value-added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 3.10. National contract awarded by NJPA: NJPA seeks the most responsive and responsible Vendor relationship(s)to reflect the best interests of NJPA and its Member agencies.Through a competitive proposal and evaluation process,the NJPA Proposal Evaluation Committee recommends vendors for a national contract awarded by the action of the NJPA Chief Procurement Officer. NJPA's primary intent is to establish and provide a national cooperative procurement contract that offer opportunities for NJPA and our current and potential Member agencies throughout the United States and Canada to procure quality product/equipment and services as desired and needed.The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. 3.11 Beyond our primary intent,NJPA further desires to: 3.11.1 Award a four-year contract with a fifth-year contract option resulting from this RFP. Any fifth-year extension is exercised at NJPA's discretion and results from NJPA's contracting needs or from Member requests;this extension is not intended merely to accommodate an awarded Vendor's request.If NJPA grants a fifth-year extension,it may also terminate the contract(or cause it to expire)within the fifth year if the extended contract is replaced by a resolicited or newly solicited contract. In exigent circumstances, NJPA may petition NJPA's Board of Directors to extend the contract term beyond five years.This rarely used procedure should be employed only to avoid a gap in contract coverage while a replacement contract is being solicited; 3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP; 5 3.11.3 Deliver "Value Added" aspects of the company, equipment/products and services as defined in the"Proposer's Response"; 3.11.4 Deliver a wide spectrum of solutions to meet the needs and requirements of NJPA and NJPA Member agencies;and 3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies. 3.12 Exclusive or Multiple Awards:Based on the scope of this RFP and on the responses received,NJPA may award either an exclusive contract or multiple contracts. In some circumstances, a single national supplier may best meet the needs of NJPA Members; in other situations, multiple vendors may be in the best interests of NJPA and the NJPA Members and preferred by NJPA to provide the widest array of solutions to meet the member agency's needs.NJPA retains sole discretion to determine which approach is in the best interests of NJPA Member agencies. 3.13 Non-Manufacturer Awards: NJPA reserves the right to make an award under this RFP to a non- manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. 3.14 Manufacturer as a Proposer:If the Proposer is a manufacturer or wholesale distributor,the response received will be evaluated on the basis of a response made in conjunction with that manufacturer's authorized dealer network. Unless stated otherwise, a manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their dealer network where that dealer network is informed of,and authorized to accept,purchase orders pursuant to any Contract resulting from this RFP on behalf of the manufacturer or wholesale distributor Proposer.Any such dealer will be considered a sub-contractor of the Proposer/Vendor. The relationship between the manufacturer and wholesale distributor Proposer and its dealer network may be proposed at the time of the submission if that fact is properly identified. 3.15 Dealer/Reseller as a Proposer: If the Proposer is a dealer or reseller of the products and/or services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services from their manufacturer. When requested by NJPA,Proposers must document their authority to offer those products and/or services. E. SCOPE OF THIS RFP 3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its Member agencies nationally within the scope of HVAC SYSTEMS, INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES' 3.17 Additional Scope Definitions: 3.17.1 The purpose of this RFP is to establish a national heating, ventilation, and air conditioning (HVAC) contract to serve our members' facility needs. Accordingly, HVAC SYSTEMS, INSTALLATION, AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES, should be read to include,but not to be limited to: !3.17.1.1 Air handlers,air terminals,chillers,fan coils,heat pumps,furnaces,boilers,water heaters, PTAC, indoor air quality products, rooftop systems, split systems, unit heaters, unit ventilators, ventilation fans, HVAC parts, installation of new equipment, maintenance of existing equipment, related equipment rental, upgrade of related infrastructure, turnkey solutions, HVAC controls, thermostats, sensors, and other HVAC automation products. 6 3.17.2 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 13.17.2.1 This solicitation is not intended to include more than an incidental offering of ice arena refrigeration. 3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a "Scope of Proposal,"please consider the validity of an inverse statement. 3.18.1 For example, pencils and post-it-notes can generally be classified as office supplies and office supplies generally include pencils and post-it-notes. 3.18.2 In contrast, computers (PCs and peripherals)can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure. 3.18.3 In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original"Scope"as intended by NJPA. 3.19 Best and Most Responsive—Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s)offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer's Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry standards,laws and regulations;and possess the willingness and ability to distribute,market to and service NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. 3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 3.21 Use of Contract:Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like equipment/products and services solely from this contract or from another contract source of their choice or from a contract resulting from their own procurement process. 3.22 Awarded Vendor's interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as "contract compliant,"products/equipment and services which are not specifically identified and priced in their NJPA Awarded Contract. 3.23 Sole Source of Responsibility-NJPA desires a"Sole Source of Responsibility"Vendor. This means that the Vendor will take sole responsibility for the performance of delivered equipment/products/services. NJPA also desires sole responsibility with regard to: 7 3.23.1 Scope of Equipment/Products/Services:NJPA desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. 3.23.2 Vendor use of sub-contractors in sourcing or delivering equipment/product/services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposers are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the equipment/products/services being proposed. Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub- Contractor. Suggested Solutions Options include: 3.24.1 Multiple solutions to the needs of NJPA and NJPA Members are possible.Examples could include: 3.24.1.1 Equipment/Products Only Solution:Equipment/Products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in- house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed. 3.24.1.2 Turn-Key Solutions: A Turn-Key Solution is a combination of equipment/products and services that provides a single price for equipment/products, delivery,and installation to a properly operating status.Generally this is the most desirable solution because NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 3.24.1.3 Good, Better, Best: Where appropriate and properly identified, Proposers may offer the choice "of good,better, best"multiple-grade solutions to meet NJPA Members' needs. 3.24.1.4 Proven — Accepted — Leading-Edge Technology: Where appropriate and properly identified, Proposers may provide a spectrum of technology solutions to complement or enhance the proposed solutions to meet NJPA Members' needs. 3.24.2 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 3.25 Geographic Area to be Proposed: This RFP invites proposals to provide HVAC SYSTEMS, INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES to NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad;however the lack of ability to serve Members outside of the United States will not be cause for non-award. The ability and willingness to serve Canada,for instance, will be viewed as a value-added attribute. 3.26 Contract Term: At NJPA's option, a Contract resulting from this RFP will become effective either on the date awarded by the NJPA Board of Directors or on the day following the expiration date of an existing NJPA procurement contract for the same or similar product/equipment and services. 3.26.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term is expected. However, one additional one-year renewal/extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best 8 interests of NJPA and its Members.NJPA reserves the right to conduct periodic business reviews throughout the term of the contract. 3.27 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 3.28 [This section is intentionally blank.] 3.29 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies,and all non-profit organizations nationally. 3.30 Proposer's Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals are opened. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 3.31 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the 1-IVAC SYSTEMS,INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES industry,as they are generally understood and accepted within that industry across the nation. Submitted products/equipment,related services and accessories,and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated standards,needs,expectations,and requirements of NJPA and its Members. 3.31.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality,coverage,performance,and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 3.31.2 Technical Descriptions/Specifications.Excessive technical descriptions and specifications that unduly enlarge the proposal response may cause NJPA to reduce the evaluation points awarded on Form G. Proposers must supply sufficient information to: 3.31.2.1 demonstrate the Proposer's knowledge of industry standards and Member agency needs and expectations; 3.31.2.2 identify the equipment/products and services being proposed as applicable to the needs and expectations of NJPA Member agencies;and 3.31.2.3 differentiate equipment/products and services from other industry manufacturers and providers. 3.32 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer's"Hot List"described herein. 3.33 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 3.34 Delivered and operational: Products/equipment offered herein are to be proposed based upon being delivered and operational at the NJPA Member's site. Exceptions to "delivered and operational"must be clearly disclosed in the"Total Cost of Acquisition"section of the proposal. 9 3.35 Warranty:The Proposer warrants that all products,equipment,supplies,and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non-award. 3.36 Additional Warrants: The Proposer warrants that all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition,Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. G. SOLUTIONS-BASED SOLICITATION 3.37 The NJPA solicitation and contract award process is not based on detailed specifications.Instead,this RFP is a"Solutions-Based Solicitation." NJPA expects respondents to understand and anticipate the current and future needs of NJPA and its members—within the scope of this RFP—and to propose solutions that are commonly desired or required by law or industry standards.Proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. 3.38 While NJPA does not typically provide product and service specifications,the RFP may contain scope refinements and industry-specific questions. Where specific items are specified, those items should be considered the minimum required,which the proposal can exceed in order to meet Members' needs.NJPA may award all of the respondent's proposal or may limit the award to a subset of the proposal. 4 INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. INQUIRY PERIOD 4.1 The inquiry period begins on the date of first advertisement and continues until to the Deadline for Submission." RFP packages will be distributed to potential Vendors during the inquiry period. B.PRE-PROPOSAL CONFERENCE 4.2 A pre-proposal conference will be held at the date and time specified in the timeline on page one of this RFP.Conference information will be sent to all potential Proposers,and attendance is optional.The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and NJPA's competitive contracting process. Only answers issued in writing by NJPA to questions asked before or during the pre-proposal conference are binding on the parties to an awarded contract. C. IDENTIFICATION OF KEY PERSONNEL 4.3 Awarded Vendors will designate one senior staff member to represent the Vendor to NJPA. This contact person will correspond with members for technical assistance, questions, or concerns that may arise, including instructions regarding different contacts for different geographical areas or product lines. 4_4 These designated individuals should also act as the primary contact for marketing,sales,and any other area deemed essential by the Proposer and NJPA. 10 D.PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS 4.5 Any exceptions,deviations, or contingencies regarding this RFP that a Proposer requests must be documented on Form C,Exceptions To Proposal,Terms,Conditions And Solutions Request. 4_6 Exceptions,deviations or contingencies requested in the Proposer's response,while possibly necessary in the view of the Proposer,may result in lower scoring or disqualification of a proposal. E.PROPOSAL FORMAT 4.7 All Proposers must examine the entire RFP package to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal. 4_8 All proposals must be properly labeled and sent to"The National Joint Powers Alliance,202 12th Street NE Staples,MN 56479." 4_9 All proposals must be physically delivered to NJPA at the above address with all required hard copy documents and signature forms/pages inserted as loose pages at the front of the Vendor's response. The proposal must include these items. 4.9.1 Hard copy original of completed, signed, and dated Forms C, D, F; hard copy of the signed signature-page only from Forms A and P from this RFP; 4.9.2 Signed hard copies of all addenda issued for the RFP; 4.9.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP;and 4.9.4 A complete copy of your response on a flash drive (or other approved electronic means). The electronic copy must contain completed Forms A, B, C, D,F,and P,your statement of products and pricing(including apparent discount), and all appropriate attachments. In order to ensure that your full response is evaluated,you must provide an electronic version of any material that you provide in a hard copy format. As a public agency, NJPA's proposals, responses, and awarded contracts are a matter of public record,except for such data that is classified as nonpublic.Accordingly,public data is available for review through a properly submitted public records request.To redact nonpublic information from your proposal (under Minnesota Statute §13.37), you must make your request within thirty (30) days of the contract award or non-award date. 4.10 All Proposal forms must be submitted in English and must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer.Blue ink is preferred for signatures. 4.11 Proposal submissions should be submitted using the electronic forms provided. Proposers that use alternative documents are responsible for ensuring that the content is substantially similar to the NJPA form and that the document is readable by NJPA. 4.12 The Proposer must ensure that the proposal is in the physical possession of NJPA before the submission deadline. 4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Hold for Proposal Opening," and the deadline for proposal submission. NJPA is not responsible for untimely proposals. Proposals received by the deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 11 4.13 Proposers are responsible for checking directly with the NJPA website for any addendums to this RFP. Addendums to this RFP can change the terms and conditions of the RFP,including the proposal submission deadline. F. QUESTIONS AND ANSWERS ABOUT THIS RFP 4.14 Upon examination of this RFP document, Proposer should promptly notify NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections, and changes to this RFP will be considered by NJPA through a written addendum.Interpretations,corrections,or changes that are made in any other manner are not binding,and Proposers must not rely on them. 4.15 Submit all questions about this RFP, in writing, referencing IIIVAC SYSTEMS, INSTALLATION, AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES to Jonathan Yahn at NJPA 202 12th Street NE, Staples,MN 56479 or to RFP@njpacoop.org. You may also call Jonathan Yahn at (218) 895- 4144. NJPA urges potential Proposers to communicate all concerns well in advance of the submission deadline to avoid misunderstandings. Questions received within seven (7) days before the submission deadline generally cannot be answered.NJPA may, however, field purely procedural questions, questions about NJPA-issued addenda, or questions involving a Proposer withdrawing its response before the RFP submission deadline. 4.16 If NPJA deems that its answer to a question has a material impact on other potential Proposers or on the RFP itself,NJPA will create an addendum to this RFP. 4.17 If NJPA deems that its answer to a question merely clarifies the existing terms and conditions and does not have a material impact on other potential Proposers or the RFP itself,no further documentation of that question is required. 4.18 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of any addenda. Copies of addenda will also be made available on the NJPA website at www.nipacoop.org (under"Current and Pending Solicitations")and from the NJPA offices. All Proposers must acknowledge their receipt of all addenda in their proposal response. 4.19 Any amendment to a submitted proposal must be in writing and must be delivered to NJPA by the RFP submission deadline. 4.20 throu2h 4.21 [These sections are intentionally blank.] G.MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 4.22 A submitted proposal must not be modified,withdrawn,or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. Before the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Contracts and Compliance Manager. Such notice must be submitted in writing and must include the signature of the Proposer.The notice must be delivered to NJPA before the deadline for submission of proposals and must be so worded as not to reveal the content of the original proposal. The original proposal will not be physically returned to the potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they fully conform with the proposal instructions. H. PROPOSAL OPENING PROCEDURE 4.23 Sealed and properly identified responses for this RFP entitled OVAC SYSTEMS,INSTALLATION, AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES 'will be received by Jonathan Yahn, Contracts and Compliance Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the 12 deadline identified on page one of this RFP. All Proposal responses must be submitted in a sealed package. The outside of the package must plainly identify HVAC SYSTEMS, INSTALLATION, AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES and the RFP number.To avoid premature opening, the Proposer must label the Proposal response properly. NJPA documents the receipt of proposals by immediately time-and date-stamping them with an atomic clock.At the time of the public opening,the NJPA Director of Contracts and Marketing or a representative from the NJPA Proposal Evaluation Committee will read the Proposer's names aloud and will determine whether each submission has met Level-1 responsiveness. I. NJPA'S RIGHTS RESERVED 4.24 NJPA may exercise the following rights with regard to the RFP. 4.24.1 Reject any and all proposals received in response to this RFP; 4.24.2 Disqualify any Proposer whose conduct or proposal fails to conform to the requirements of this RFP; 4.24.3 Duplicate without limitation all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the proposal; 4.24.4 Consider and accept for evaluation a late modification of a proposal if 1)the proposal itself was submitted on time, 2) the modifications were requested by NJPA, and 3) the modifications make the terms of the proposal more favorable to NJPA or its members; 4.24.5 Waive any non-material deviations from the requirements and procedures of this RFP; 4.24.6 Extend the Contract,in increments determined by NJPA,not to exceed a total Contract term of five years; 4.24.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to NJPA; 4.24.8 Correct or amend the RFP at any time with no cost or penalty to NJPA. If NJPA corrects or amends any segment of the RFP after submission of proposals and before the announcement of the awarded Vendor, all proposers will be afforded a reasonable opportunity to revise their proposals in order to accommodate the RFP amendment and the new submission dates.NJPA will not be liable for any errors in the RFP or other responses related to the RFP;and 4.24.9 Extend proposal due dates. 5 PRICING 5_1 NJPA requests that potential Proposers respond to this RFP only if they are able to offer a wide array of products and services at lower prices and with better value than what they would ordinarily offer to a single government agency, a school district,or a regional cooperative. 5_2 This RFP requests pricing for an indefinite quantity of products or related services with potential national sales distribution and service.While most RFP categories represent significant sales opportunities, NJPA makes no guarantees about the quantity of products or services that members will purchase. The estimated annual value of this contract is $20 Million. Vendors are expected to anticipate additional volume through potential government, educational, and not-for-profit agencies that would find value in a national contract awarded by NJPA. 13 5_3 Regardless of the payment method selected by NJPA or an NJPA member,the total cost associated with any purchase option of the products and services must always be disclosed in the proposal and at the time of purchase. 5.4 All proposers must submit"Primary Pricing" in the form of either"Line-Item Pricing,"or"Percentage Discount from Catalog Pricing,"or a combination of these pricing strategies. Proposers are also encouraged to offer optional pricing strategies such as "Hot List," "Sourced Products," and "Volume Discounts," as well as financing options such as leasing.All pricing documents should include a clear effective date. A.LINE-ITEM PRICING 5_5 Line-item pricing is a pricing format in which individual products or services are offered at specific Contract prices. Products or services are individually priced and described by characteristics such as manufacture name,stock or part number,size, or functionality. This method of pricing may offer the least amount of confusion, but Proposers with a large number of items may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and may increase the clarity of the contract pricing format. 5_6 All line-item pricing items must be numbered,organized,sectioned(including SKUs,when applicable), and prepared to be easily understood by the Evaluation Committee and members. 5.7 Submit Line-Item Pricing items in an Excel spreadsheet format and include all appropriate identification information necessary to discern the line item from other line items in each Responder's proposal. 5.8 Line-item pricing must be submitted to NJPA in a searchable spreadsheet format (e.g., Microsoft® Excel®)in order to facilitate quickly finding any particular item of interest. For that reason,Proposers are responsible for providing the appropriate product and service identification information along with the pricing information that is typically found on an invoice or price quote for such product or services. 5.9 All products or services typically appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet,including any and all ancillary costs. 5.10 Proposers should provide both a published"List Price"as well as a"Proposed Contract Price"in their pricing matrix. Published List Price will be the standard "quantity of one" price currently available to government and educational customers,excluding cooperative and volume discounts. B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 5.11 This pricing model involves a specific percentage discount from a catalog or list price, defined as a published Manufacturer's Suggested Retail Price(MSRP)for the products or services being proposed. 5.12 Individualized percentage discounts can be applied to any number of defined product groupings. 5.13 A percentage discount from MSRP may be applied to all elements identified in MSRP, including all manufacturer options applicable to the products or services. 5.14 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be responsible for providing and maintaining current published MSRP with NJPA, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. C.COST PLUS A PERCENTAGE OF COST 5.15 "Cost plus a percentage of cost" as a primary pricing mechanism is not desirable. It is, however, acceptable for pricing sourced goods or services. 14 D.HOT LIST PRICING 5.16 Where applicable, a Vendor may opt to offer a specific selection of products or services, defined as "Hot List"pricing, at greater discounts than those listed in the standard Contract pricing. All product and service pricing, including the Hot List Pricing, must be submitted electronically in a format that is acceptable to NJPA. Hot List pricing must be submitted in a line-item format. Products and services may be added or removed from the Hot List at any time through an NJPA Price and Product Change Form. 5.17 Hot List program and pricing may also be used to discount and liquidate close-out and discontinued products and services as long as those close-out and discontinued items are clearly labeled as such.Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. E. CEILING PRICE 5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed products or services be offered under this Contract at prices above this ceiling price without a specific request and approval by NJPA. Contract prices may be reduced at any time, for example, to reflect volume discounts or to meet the needs of an NJPA Member. 5.19 [This section is intentionally blank.] F.VOLUME PRICE DISCOUNTS/ADDITIONAL QUANTITIES 5.20 through 5.23 [These sections are intentionally blank.] G.TOTAL COST OF ACQUISITION 5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third party,is the cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end-user's location. For example,if you are proposing equipment/products FOB Proposer's dock,your proposal should reflect that the contract pricing does not provide for delivery beyond Proposer's dock, nor any set-up activities or costs associated with those delivery or set-up activities. Any additional costs for delivery and set-up should be clearly disclosed. In contrast, a proposal could state that there are no additional costs of acquisition if the product is delivered to and operational at the end-user's location. H. SOURCED GOOD or OPEN MARKET ITEM 5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor's NJPA contract. This method of procurement can be satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract solution to meet our members' needs. Sourced items are generally deemed incidental to the total transaction or purchase of contract items. 5.26 NJPA or NJPA Members may request products, equipment, and related services that are within the related scope of this RFP, even if they are not included in an awarded Vendor's line-item price list or catalog. These items are known as Sourced Goods or Open Market Items. 5.27 An awarded Vendor may source such items to the extent that the items are identified as "Sourced Products/Equipment" or "Open Market Items" on any quotation issued in reference to an NJPA awarded contract,and that this information is provided to either NJPA or an NJPA Member.NJPA is not responsible for determining whether a Sourced Good is an incidental portion of the overall purchase or whether a Member is able to consider a Sourced Good a purchase under an NJPA contract. 15 5.28"Cost plus a percentage"pricing is an acceptable option in pricing of Sourced Goods. I. PRODUCT&PRICE CHANGES 5.29 Awarded Vendors may request product or service changes, additions, or deletions at any time throughout the contract term. All requests must be made in written format by completing the NJPA Price and Product Change Request Form(located at the end of this RFP and on the NJPA website),signed by an authorized Vendor representative. All changes are subject to review and approval by NJPA. Submit your requests through email to your assigned Contract Manager and to PandP@njpacoop.org. 5.30 NJPA will determine whether the request is both within the scope of the original RFP and in the best interests of NJPA and NJPA Members.Approved Price and Product Change Request Forms will be returned to the Vendor contact through email. 5.31 The Vendor must 1)complete this change request form and individually list or attach all items subject to change, 2)provide a sufficiently detailed explanation and documentation for the change,and 3) include a compete restatement of pricing document in appropriate format(preferably Excel). The pricing document must identify all products and services being offered and must conform to the following NJPA product and price change naming convention: (Vendor Name)(NJPA Contract#)(effective pricing date);for example, "COMPANY 012411-CPY effective 02-12-2016." 5.32 The new pricing restatement must include all products and services offered,even for those items whose pricing remains unchanged,and must include a new effective date on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. 5.33 ADDITIONS. New products and related services may be added to a Contract resulting from this RFP at any time during that Contract term to the extent that those products and related services are within the scope of this RFP. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality. 5.34 DELETIONS. New products and related services may be deleted from a contract if an item is no longer available. 5.35 PRICE CHANGES. A Vendor may request pricing changes by providing reasonable justification for the change. For example, a request for a 3% increase in a product line that relies heavily on petroleum products may be reasonable if the raw cost of required petroleum products has increased substantially. Conversely,a request for a 3%increase in prices based only on a 3%increase in a cost-of-living index may be considered unreasonable. Although NJPA is sensitive to the possibility of fluctuations in raw material costs, prospective Vendors should make every reasonable attempt to account for normal cost changes by proposing pricing that will be effective throughout the duration of the four-year Contract. 5.35.1 Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions that are due to advancement in technology and marketplace efficiencies. 5.35.2 Price increases: A Vendor must include reasonable documentation for price-increase requests, along with both current and proposed pricing. Appropriate documentation should be attached to the Price and Product Change Request Form, including letters from suppliers announcing price increases. Price increases must not exceed the industry standard. 5.36 through 5.37 [These sections are intentionally blank.] 5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 16 5.39 through 5.43 [These sections are intentionally blank.] K. SALES TAX 5.44 Sales and other taxes should not be included in the prices quoted. The Vendor will charge state and local sales and other applicable taxes on items for which a valid tax-exemption certification has not been provided.Each NJPA Member is responsible for providing verification of tax-exempt status to the Vendor. When ordering,NJPA Members must indicate that they are tax-exempt entities. Except as set forth herein, no party is responsible for taxes imposed on another party as a result of or arising from the transactions under a Contract resulting from this RFP. L. SHIPPING 5.45 Shipping costs can constitute a significant portion of the overall cost of procurement. Consequently, significant weight will be given to the quality of a prospective Vendor's shipping program. Shipping charges should reasonably reflect the actual cost of shipping.NJPA understands that Vendors may use other shipping cost methods for simplicity or for transparency.But to the extent that shipping costs are determined to disproportionately increase a Vendor's profit, NJPA may reduce the points awarded in the "Pricing" criteria. 5.46 through 5.47 [These sections are intentionally blank.] 5.48 All shipping and restocking fees must be identified in the price program. Certain industries providing made-to-order products may not allow returns. Proposals will be evaluated not only on the actual costs of shipping, but on the relative flexibility extended to NJPA Members relating to restocking fees, shipping errors, customized shipping requirements, the process for rejecting damaged or delayed shipments, and similar subjects. 5.49 through 5.50 [These sections are intentionally blank.] 5.51 Delivered products must be properly packaged. Damaged products may be rejected. If the damage is not readily apparent at the time of delivery, the Vendor must permit the products to be returned within a reasonable time at no cost to NJPA or NJPA Member.NJPA and NJPA Members reserve the right to inspect the products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the products at the time of delivery. 5.52 The Vendor must deliver Contract-conforming products in each shipment and may not substitute products without the express approval from NJPA or the NJPA Member. 5.53 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products that are not under Contract and described in its paper or electronic price lists or sourced upon request of any Member under this Contract. In the event of the delivery of nonconforming products, the NJPA Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming products with conforming products that are acceptable to the NJPA member. 5.54 Throughout the term of the Contract,Proposer agrees to pay for return shipment on products that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of the damaged products. 6 EVALUATION OF PROPOSALS 17 A. PROPOSAL EVALUATION PROCESS 6.1 The NJPA proposal evaluation committee will evaluate proposals received based on a 1,000 point evaluation system. The committee establishes both the evaluation criteria and designates the relative weight of each criterion by assigning possible scores for each category on Form G of this RFP. The committee may adjust the relative weight of the criteria for each RFP.(For example, if the"Warranty"criterion does not apply to a particular RFP,the points normally awarded under"Warranty"may be used to increase the number of potential points in another evaluation category or categories.)The"Pricing"criterion will contain at least a plurality of points for every RFP. 6_2 NJPA uses a scoring system that gives primary importance to"Pricing."But pricing includes more than just the absolute lowest initial cost of purchasing, for example, a particular product. Other considerations include the total cost of the acquisition and whether the Proposer's offering represents the best value.The evaluation committee may consider such factors as life-cycle costs,total cost of ownership,quality,and the suitability of an offering in meeting NJPA Members'needs.Pricing points may be awarded based on pricing clarity and ease of use. NJPA may also award points based on whether a response contains exceptions, exclusions,or limitations of liabilities. 6_3 The NJPA Board of Directors will consider making awards to the selected Proposer(s) based on the recommendations of the proposal evaluation committee. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under "Proposer Responsiveness," found just below. B. PROPOSER RESPONSIVENESS 6.4 All responses are evaluated for Level-One and Level-Two Responsiveness. If a response does not substantially conform to substantially all of the terms and conditions in the solicitation, or if it requires unreasonable exceptions,it may be considered nonresponsive. 6_5 All proposals must contain suitable responses to the questions in the proposal forms. The following requirements must be satisfied in order to meet Level-One Responsiveness, which is typically ascertained on the proposal opening date. If these standards are not met, your response may be disqualified as nonresponsive. 6.6 Level-One Responsiveness means that the response 6.6.1 is received before the deadline for submission or it will be returned unopened; 6.6.2 is properly addressed and identified as a sealed proposal with a specific RFP number and an opening date and time; 6.6.3 contains a pricing document(with apparent discounts)and all other forms fully completed, even if "not applicable"is the answer; 6.6.4 includes the original (hard copy)completed,dated,and signed RFP forms C, D, and F.In addition, the response must include the hard-copy signed signature page only from RFP Forms A and P and, if applicable, all signed addenda that have been issued in relation to this RFP; 6.6.5 contains an electronic(CD,flash drive,or other suitable)copy of the entire response;and 6.7 Level-Two Responsiveness (including whether the response is within the RFP's scope) is determined while evaluating the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance.Each item draws from multiple questions,and a Proposer's responses may affect scoring in multiple evaluation criteria. For example,the answers to Industry-Specific Questions may 18 • help determine scoring relative to a Proposer's marketplace success,ability to sell and service nationwide, and financial strength. Any questions not answered without an explanation will likely result in a loss of points and may lead to a nonaward if the proposal evaluation committee cannot effectively review your response. C.PROPOSAL EVALUATION CRITERIA 6.8 Forms A and P include a series of questions that address the following categories: 6.8.1 Company Information and Financial Strength 6.8.2 Industry Requirements and Marketplace Success 6.8.3 Ability to Sell and Deliver Service Nationwide 6.8.4 Marketing Plan 6.8.5 Other Cooperative Procurement Contracts 6.8.6 Value-Added Attributes 6.8.7 Payment Terms and Financing Options 6.8.8 Warranty 6.8.9 Equipment/Products/Services 6.8.10 Pricing and Delivery 6.8.11 Industry-Specific Questions 6.9 [This section is intentionally blank.] D. OTHER CONSIDERATIONS 6.10 In evaluating RFP responses,NJPA has no obligation to consider information that is not provided in the Proposer's response. NJPA may, however, consider additional information outside the Proposer's response. This research may include such sources as the Proposer's website, industry publications, listed references, and user interviews. 6.11 NJPA may organize RFP responses into separate classes or subcategories, depending on the range of responses. For example, NJPA might receive numerous submissions for "Widgets and Related Products and Services." NJPA may organize these responses into subcategories, such as manufacturers of fully operational Widgets,manufacturers of component parts for Widgets, and providers of parts and service for Widgets.NJPA reserves the right to award Proposers in some or all of such subcategories without regard to the evaluation score given to Proposers in another subcategory. This specifically allows NJPA to award Vendors that might not have,for instance,the breadth of products of Proposers in another subcategory,but that nonetheless meet a substantial and articulated need of NJPA Members. 6.12 [This section is intentionally blank.] 6.13 NJPA reserves the right to request and test equipment/products and related services and to seek clarification from Proposers. Before the Contract award, the Proposer must furnish the requested information within three (3) days (or within another agreed-to time frame) or provide an explanation for the delay along with a requested time frame for providing the requested information.Proposers must make reasonable efforts to supply test products promptly. All Proposer products remain the property of the Proposer, and NJPA will return such products after the evaluation process. NJPA may make provisional contract awards,subject to a Proposer's proper response to a request for information or products. 19 6.14 A Proposer's past performance under previously awarded contracts to schools,governmental agencies, and not-for-profit entities is relevant in evaluating a Proposer's current response. Past performance includes the Proposer's record of conforming to published specifications and to standards of good workmanship,as well as the Proposer's history for reasonable and cooperative behavior and for commitment to Member satisfaction.Incumbency as an awarded Vendor does not,by itself,merit positive consideration for a future Contract award. 6.15 NJPA reserves the right to reject any or all proposals. E.COST COMPARISON 6.16 NJPA may use a variety of evaluation methods,including cost comparisons of specific products.NJPA reserves the right to use this process when the proposal evaluation committee determines that this will help to make a final determination. 6.17 This direct cost comparison process will award points for being low to high Proposer for each cost evaluation item selected. A"Market Basket"of identical(or substantially similar)equipment/products and related services may be selected by the proposal evaluation committee, and the unit cost will be used as a basis for determining the point value. NJPA will select the"Market Basket"from all appropriate product categories as determined by NJPA. F. MARKETING PLAN 6.18 A Proposer's marketing plan is a critical component of the RFP response.An awarded Vendor's sales force will likely be the primary source of communication with NJPA Members and will directly affect the contract's success. Marketing success depends on communicating the contract's value, knowing the contract thoroughly, and communicating the proper use of contracted products and services to the end user. Much of the success and sales reward is a direct result of the commitment to the contract by the awarded Vendor's sales teams. NJPA reserves the right to deem a Proposer Level-Two nonresponsive or not to award a contract based on an unacceptable or incomplete marketing plan. 6.19 NJPA marketing expectations include the following components. 6.19.1 An awarded Vendor must demonstrate the ability to deploy a national sales force or dealer network. The best RFP responses demonstrate the ability to sell, deliver, and service products through acceptable distribution channels to NJPA members in all 50 states. Proposers' responses should fully demonstrate their sales and service capabilities,should outline their national sales force network(both numerically geographically),and should describe their method of distribution of the offered products and related services. Service may be independent of the product sales pricing,but NJPA encourages related services to be a part of Proposers' response. Despite its preference for awarding contracts to Vendors that demonstrate nationwide sales and service, NJPA reserves the right to award contracts that meet specific Member needs locally or regionally. 6.19.2 Proposers are invited to demonstrate their ability to successfully market, promote, and communicate the benefits of an NJPA contract to current and potential Members nationwide.NJPA desires a marketing plan that communicates the value of the contract to as many Members as possible. 6.19.3 Proposers are expected to be receptive to NJPA trainings. Awarded Vendors must provide an appropriate training venue for both management and the sales force.NJPA commits to providing training on all aspects of communicating the value of the awarded contract,including the authority of NJPA to offer the contract to its Members, the value and utility the contract delivers to NJPA Members, the scope of NJPA Membership, the authority of Members to use NJPA procurement contracts, the preferred marketing and sales methods, and the successful use of specific business sector strategies. 20 6.19.4 Awarded Vendors are expected to demonstrate a commitment to fully embrace the NJPA contract.Proposers should identify both the appropriate levels of sales management and sales force that will need to understand the value of the NJPA contract, as well as the internal procedures needed to deliver the appropriate messaging to NJPA Members. NJPA will provide a general schedule and a variety of methods describing when and how those individuals should be trained. 6.19.5 Proposers should outline their proposed involvement in promoting an NJPA contract through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with NJPA at NJPA-endorsed national trade shows. 6.19.6 Proposers must exhibit the willingness and ability to actively market and develop contract- specific marketing materials including the following items. 6.19.6.1 Complete Marketing Plan. Proposers must submit a marketing plan outlining how they will launch the NJPA contract to current and potential NJPA Members. NJPA requires awarded Vendors to embrace and actively promote the contract in cooperation with the NJPA. 6.19.6.2 Printed Marketing Materials. Awarded Vendors will produce and maintain full color print advertisements in camera-ready electronic format,including company logos and contact information to be used in the NJPA directory and other approved marketing publications. 6.19.6.3 Contract announcements and advertisements. Proposers should outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals, and other direct or indirect marketing activities promoting the awarded NJPA contract. 6.19.6.4 Proposer's Website. Proposers should identify how an awarded Contract will be displayed and linked on the Proposer's website.An online shopping experience for NJPA Members is desired whenever possible. 6.19.7 An NJPA Vendor contract launch will be scheduled during a reasonable time frame after the award and held at the NJPA office in Staples,MN unless the Vendor and NJPA agree to a different location. 6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate NJPA membership and establish status of current and potential agencies/members. Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA. G. CERTIFICATE OF INSURANCE 6.21 Proposers must provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance(COI)or an ACORD binder form with their proposal.Upon an award issued under this RFP and before the execution of any commerce relating to such award, the awarded Vendor must provide verification,in the form of a Certificate of Insurance, identifying the coverage required below and identifying NJPA as a"Certificate Holder."The Vendor must maintain such insurance coverage at its own expense throughout the term of any contract resulting from this solicitation. 6.22 Any exceptions or assumptions to the insurance requirements must be identified on Form C of this RFP. Exceptions and assumptions will be considered as part of the evaluation process.Any exceptions or assumptions that Proposers submit must be specific. If a Proposer does not include specific exceptions or assumptions when submitting the proposal, NJPA will typically not consider any additional exceptions or 21 assumptions during the evaluation process. Upon contract award, the awarded Vendor must provide the Certificate of Insurance identifying the coverage as specified. 6.23 Insurance Liability Limits.The awarded Vendor must maintain,for the duration of its contract,$1.5 million in general liability insurance coverage or general liability insurance in conjunction with an umbrella for a total combined coverage of$1.5 million. Work on the Contract will not begin until after the awarded Vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or an acceptable alternative method of insurance will be deemed a breach of contract. 6.23.1 Minimum Scope and Limits of Insurance. An awarded Vendor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following form"basis. 6.23.1.1 Commercial General Liability—Occurrence Form Policy shall include bodily injury,property damage and broad form contractual liability and XCU coverage. 6.23.1.2 Each Occurrence $1,500,000 6.24 Insurance Requirements: The limits listed in this RFP are minimum requirements for this Contract and in no way limit any indemnity covenants contained in this Contract. NJPA does not warrant that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, its agents, representatives, employees, or subcontractors, and the Vendor is free to purchase additional insurance as may be determined necessary. 6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an"A.M.Best"rating of not less than A-VII. NJPA does not warrant that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. 6.26 Subcontractors: Vendors' certificate(s) must include all subcontractors as additional insureds under its policies, or the Vendor must furnish to NJPA separate certificates for each subcontractor. All coverage for subcontractors are be subject to the minimum requirements identified above. H.ORDER PROCESS AND/OR FUNDS FLOW 6.27 NJPA Members typically issue a purchase order directly to a Vendor under a Contract resulting from this RFP. Alternatively, a separate contract may be created to facilitate acquiring products or services offered in response to this RFP. Nothing in this Contract restricts the Member and Vendor from agreeing to add terms or conditions to a purchase order or a separate contract provided that such terms or conditions must not be less favorable to NJPA's Members. 6.28 [This section is intentionally blank.] I. ADMINISTRATIVE FEES 6.29 Vendors will pay to NJPA an administrative fee in exchange for NJPA facilitating this Contract with its current and potential Members. NJPA may grant a conditional contract award to a Proposer if the proposed administrative fee is unclear, inadequate, or unduly burdensome for NJPA to administer. Sales under this Contract should not be processed until the parties resolve the administrative fee issue. 22 6.29.1 The administrative fee is typically calculated as a percentage of the dollar volume of all products and services by NJPA Members under this Contract, including anything represented to NJPA Members as falling under this Contract. 6.29.2 The administrative fee is included in, and not added to, the pricing included in Proposer's response to the RFP.Awarded Vendors must not charge NJPA Members more that permitted in the then current price list in order to offset the administrative fee. 6.29.3 The administrative fee is designed to cover the costs of NJPA's involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract. Administrative fees may also be used for other purposes as allowed by Minnesota law. 6.29.4 The typical administrative fee under this Contract is two percent(2%). While NJPA does not dictate the particular fee percentage, we require that the Proposer articulate a specific fee in its response. For example, merely stating that"we agree to pay an administrative fee" is considered nonresponsive. NPJA acknowledges that the administrative fee percentage may differ between vendors,industries,and responses. 6.29.5 NJPA awarded Vendors are responsible for paying the administrative fee at least quarterly and for generating all related reporting. Vendors agree to cooperate with NJPA in auditing these reports to ensure that the administrative fee is paid on all items purchased under the Contract. 6.30 through 6.32 [This section is intentionally blank.] J. VALUE—ADDED ATTRIBUTES 6.33 Desirability of Value-Added Attributes: Value-added attributes in an RFP response will be given positive consideration in NJPA's evaluation process. Such attributes may increase the benefit of a product or service by improving functionality, performance, maintenance, manufacturing, delivery, energy efficiency,ordering,or other items while remaining within the scope of this RFP. 6.34 Women and Minority Business Enterprise (WMBE), Small Business, and Other Favored Businesses: Some NJPA Members give formal preference to certain types of vendors or contractors. Proposers should document WMBE(or other)status for both their organization and for any affiliates(e.g., supplier networks)involved in fulfilling the terms of this RFP.The ability of a Proposer to provide preferred business entity "credits" to NJPA and NJPA Members under a Contract will be evaluated positively by NJPA and reflected in the"value added"area of the evaluation. 6.35 Environmentally Preferred Purchasing Opportunities: Many NJPA Members consider the environmental impact of the products and services they purchase. "Green"characteristics demonstrated by Proposers will be evaluated positively by NJPA and reflected in the "value added"area of the evaluation. Please identify any green characteristics of any offering in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as green and by which certifying agency. 6.36 Online Requisitioning Systems: When applicable,online requisitioning systems will be viewed as a value-added characteristic. Proposers should demonstrate how their system makes online ordering easier for NJPA Members, including how Members could integrate their current e-Procurement or enterprise resource planning(ERP)systems into the Proposer's ordering process. 6.37 Financing:The ability of the Proposer to provide financing solutions to Members for the products and services being proposed will be viewed as a value-added attribute. 23 6.38 Technology:Technological advances that appreciably improve the proposed products or services will be considered value-added attributes. K. WAIVER OF FORMALITIES 6.39 NJPA reserves the right to waive minor formalities(or to accept minor irregularities)in any proposal, when it determines that considering the proposal may be in the best interest of its Members. 7 POST-AWARD OPERATING ISSUES A. SUBSEQUENT AGREEMENTS 7.1 Purchase Order. Purchase orders for products and services may be executed between NJPA Members and the awarded Vendor(or Vendor's sub-contractors) under this Contract.NJPA Members and Vendors must indicate on the face of such purchase orders that"This purchase order is issued under NJPA contract #XXXXXX"(insert the relevant contract number). Purchase order flow and procedure will be developed jointly between NJPA and an awarded Vendor after an award is made. 7.2 Governing Law. Purchase orders must be construed in accordance with,and governed by,the laws of a competent jurisdiction with respect to the Member. (See also Section 8.5 of this RFP.) All provisions required by law to be included in the purchase order should be read and enforced as if they were included. If through mistake or otherwise any such provision is not included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to purchase order will be a court of competent jurisdiction with respect to the Member. 7_3 Additional Terms and Conditions. Additional terms and conditions to a purchase order may be proposed by NJPA,NJPA Members, or Vendors. Acceptance of these additional terms and conditions is optional to all parties to the purchase order. One purpose of these additional terms and conditions is to address job-or industry-specific requirements of law such as prevailing wage legislation. Additional terms and conditions may also include specific local policy requirements and standard business practices of the issuing Member or the Vendor. Such additional terms and conditions are not considered valid to the extent that they interfere with the general purpose,intent,or currently established terms and conditions contain in this RFP document.For example,a Vendor and Member may agree to add a"net 30"payment requirement to the purchase order instead of applying a"net 10"requirement.But the added terms and conditions must not be less favorable to the Member unless NJPA, the Member, and the Vendor agree to a Contract amendment or similar modification. 7_4 Specialized Service Requirements. In the event that the NJPA Member desires service requirements or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in the Contract resulting from this RFP, the NJPA Member and the Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre-approval by the Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, and employees shall not be made a party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified as a part of or within the scope of the awarded Contract. 7.5 Performance Bond. At the request of the Member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of purchase orders for products and services. If a purchase order is cancelled for lack of a required performance bond by the member agency, NJPA recommends that the current pending purchase order be canceled. Each Member has the final decision on purchase order continuation. Any performance 24 bonding required by the Member,the Member's state laws,or by local policy is to be mutually agreed upon and secured between the Vendor and the Member. 7.6 Asset Management Contracts: Asset Management-type Contracts can be initiated under a Contract resulting from this RFP at any time during the term of this Contract. Such a contract could involve, for example, picking up, storing, repairing, inventorying, salvaging, and delivery products falling within the scope of this Contract. The intention in using Asset Management Contracts is to promote the long-term efficiency of NJPA's contracts by (among other things) extending the use and re-use of products. Asset Management Contracts cannot be created under this Contract unless they are executed within the authorized term of a Contract resulting from this RFP. The actual term of the Asset Management Contract may, however,extend beyond the expiration date of this Contract. B.NJPA MEMBER SIGN-UP PROCEDURE 7.6 Awarded Vendors are responsible for familiarizing their sales and service forces with the various forms of NJPA membership documentation and will encourage and assist potential Members in establishing membership with NJPA. NJPA membership is available at no cost, obligation, or liability to the Member or the Vendor. C. REPORTING OF SALES ACTIVITY 7.7 Awarded Vendors must report at least quarterly the total gross dollar volume of all products and services purchased by NJPA Members as it applies to this RFP and Contract. This report must include the name and address of the purchasing agency,Member number,amount of purchase,and a description of the items purchased. 7.7.1 Zero sales reports: Awarded Vendors must provide a quarterly Contract sales report regardless of the amount of sales. D.AUDITS 7_8 NJPA relies substantially on the reasonable auditing efforts of both Members and awarded Vendors to ensure that Members are obtaining the products, services, pricing, and other benefits under all NJPA contracts. Nonetheless, the Vendor must retain and make available to NJPA all order and invoicing documentation related to purchases that Members make from the Vendor under the awarded Contract. NJPA must not request such information more than once per calendar year, and NJPA must make such requests in writing with at least fourteen(14)days' notice.NJPA may employ an independent auditor at its own expense or conduct an audit on its own. In either event, the Vendor agrees to cooperate fully with NJPA or its agents in order to ensure compliance with this Contract. E.HUB PARTNER 7.9 Hub Partner: NJPA Members may request special services through a"Hub Partner" for the purpose of complyingwi hthat NJPA Member deems to apply in its jurisdiction.Hub t a law,regulation, or rule an pp y � Partners may bring value to the proposed transactions through consultancy, through qualifying for disadvantaged business entity credits,or through other means. 7.10 Hub Partner Fees: NJPA Members are responsible for any transaction fees, costs, or expenses that arise under this Contract for special service provided by the Hub Partner.The fees,costs,or expenses levied by the Hub Vendor must be clearly itemized in the transaction documentation.To the extent that the Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation must clearly indicate that the transaction is"Executed for the Benefit of[NJPA Member name]." F. TRADE-INS 25 7.11 The value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor.That identified"Trade-In"value shall be viewed as a down payment and credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration. G. OUT OF STOCK NOTIFICATION 7.12 The Vendor must immediately notify NJPA Members when they order an out-of-stock item. The Vendor must also tell the Member when the item will be available and whether there are equivalent substitutes. The Member must have the option of accepting the suggested substitute or canceling the item from the order. Under no circumstance may the Vendor make unauthorized substitutions. Unfilled or substituted items must be indicated on the packing list. H. CONTRACT TERMINATION FOR CAUSE AND WITHOUT CAUSE 7.13 NJPA reserves the right to cancel all or any part of this Contract if the Vendor fails to fulfill any material obligation,term,or condition as described in the following procedure. Before any such termination for cause,the NJPA will provide written notice to the Vendor,an opportunity to respond, and a reasonable opportunity to cure the breach.The following are some examples of material breaches. 7.13.1 The Vendor provides products or services that do not meet reasonable quality standards and that are not remedied under the warranty; 7.13.2 The Vendor fails to ship the products or to provide the services within a reasonable amount of time; 7.13.3 NJPA reasonably believes that the Vendor will not or cannot perform to the requirements or expectations of the Contract,NJPA issues a request for assurance, and the Vendor fails to respond; 7.13.4 The Vendor fails to fulfill any of the material terms and conditions of the Contract; 7.13.5 The Vendor fails to follow the established procedure for purchase orders,invoices, or receipt of funds as established by NJPA and the Vendor; 7.13.6 The Vendor fails to properly report quarterly sales; 7.13.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and defined in the NJPA contract launch. 7.14 Upon receipt of the written notice of breach,the Vendor will have ten(10)business days to provide a satisfactory response to NJPA. If the Vendor fails to reasonably address all issues in the written notice, NJPA may terminate the Contract immediately.If NJPA allows the Vendor more time to remedy the breach, such forbearance does not limit NJPA's authority to immediately terminate the Contract for continued breaches for which notice was given to the Vendor.Termination of the Contract for cause does not relieve either party of the financial,product,or service obligations incurred before the termination. 8.2 [This section is intentionally blank.] 7.16 NJPA may terminate the Contract if the Vendor files for bankruptcy protection or is acquired by an independent third party. The Vendor must disclose to NJPA any litigation, bankruptcy, or suspensions/disbarments that occur during the Contract period. Failure to disclose such information authorizes NJPA to immediately terminate the Contract. 26 7.17 NJPA may terminate the Contract without cause by giving the Vendor sixty(60)days' written notice of termination. Termination of the Contract without cause does not relieve either party of the financial, product,or service obligations incurred before the termination. 7.18 NJPA may immediately terminate any Contract without further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of NJPA has colluded with any Proposer for personal gain. NJPA may also immediately cancel a Contract if it finds that gratuities,in the form of entertainment,gifts or otherwise,were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of NJPA. Such terminations are effective upon written notice from NJPA or at a later date designated in the notice. Termination of the Contract does not relieve either party of the financial,product, or service obligations incurred before the termination. 8 GENERAL TERMS AND CONDITIONS 8. ADVERTISING A CONTRACT RESULTING FROM THIS RFP 8_1 Proposer/Vendor must not advertise or publish information concerning this Contract before the award is announced by NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. B.APPLICABLE LAW 8.2 [This section is intentionally blank.] 8.3 NJPA Compliance with Minnesota Procurement Law:NJPA has designed its procurement process to comply with best practices in the State of Minnesota. NJPA's solicitation methods are also created to comply with many of the various requirements that our Members must satisfy in their own procurement processes. But these requirements may differ considerably and may change from time to time. So each NJPA Member must make its own determination whether NJPA's solicitation process satisfies the procurement rules in the Member's jurisdiction. 8.4 Governing law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws will govern NJPA contracts resulting from this solicitation. 8_5 Jurisdiction:Any claims that arise against NJPA pertaining to this RFP,and any resulting contract that develops between NJPA and any other party, must be brought only in courts in Todd County in the State of Minnesota unless otherwise agreed to. 8.5.1 Purchase orders or other agreements created pursuant to a contract resulting from this solicitation must be construed in accordance with, and governed by, the laws of the issuing Member.Any claim arising from such a purchase order or agreement must be filed and venued in a court of competent jurisdiction of the Member unless otherwise agreed to. 8.6 through 8.7 [This section is intentionally blank.] 8_8 Indemnification: Each party is responsible for its own acts and is not responsible for the acts of the other party and the results thereof. NJPA's liability is governed by the Minnesota Tort Claims Act(Minn. Stat. §3.73 6)and other applicable law. 8.9 Prevailing wage: The Vendor must comply with applicable prevailing wage legislation in effect in the jurisdiction of the NJPA Member. The Vendor must monitor the prevailing wage rates as established by the appropriate federal governmental entity during the term of this Contract and adjust wage rates accordingly. 27 8.10 Patent and copyright infringement: The Vendor agrees to indemnify and hold harmless NJPA and NJPA Members against any and all suits, claims,judgments, and costs instituted or recovered against the Vendor,NJPA, or NJPA Members by any person on account of the use or sale of any articles by NJPA or NJPA Members if the Vendor supplied such articles in violation of applicable patent or copyright laws. C.ASSIGNMENT OF CONTRACT 8.11 No right or interest in this Contract may be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor under this Contract may be made without prior written permission of the NJPA. NJPA will notify Members by posting approved assignments on the NJPA website(www.nipacoop.org). 8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract,a successor-in-interest must perform all obligations under this Contract. NJPA reserves the right to reject the acquiring entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor. D.LIST OF PROPOSERS 8.13 NJPA will not maintain a list of interested proposers,nor will it automatically send RFPs to them. All interested proposers must request the RFP as a result of NJPA's national solicitation advertisements. Because of the wide scope of the potential Members and qualified national suppliers,NJPA has determined this to be the best method of fairly soliciting proposals. E.CAPTIONS, HEADINGS,AND ILLUSTRATIONS 8.14 The captions, illustrations, headings, and subheadings in this RFP are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. F. DATA PRACTICES 8.15 All materials submitted in response to this RFP become NJPA's property and become public records (under Minn. Stat. §13.591)after the evaluation process is completed. If the Proposer submits information in response to this RFP that it requests to be classified as nonpublic information (as defined by the Minnesota Government Data Practices Act, Minn. Stat. §13.37), the Proposer must meet the following requirements. 8.15.1 The Proposer must make the request within thirty (30) days of the award/nonaward notification, and include the appropriate statutory justification. Pricing, marketing plans, and financial information is generally not redactable. The NJPA Legal Department will review the request to determine whether the information can be withheld or redacted.If NJPA determines that it must disclose the information upon a proper request for such information, NJPA will inform the Proposer of such determination. 8.15.2 The Proposer must defend any action seeking release of the materials that it believes to be nonpublic information,and it must indemnify and hold harmless NJPA,its agents,and employees, from any judgments or damages awarded against NJPA in favor of the party requesting the materials,and any and all costs connected with that defense.This indemnification survives the term of any contract awarded under this RFP.In submitting a response to this RFP,the Proposer agrees that this indemnification survives as long as NJPA possesses the confidential information. 8.16 (This section is intentionally blank.] G. ENTIRE AGREEMENT 28 8.17 This Contract,as defined herein,constitutes the entire agreement between the parties to this Contract. A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award&Acceptance document(Form E). H.FORCE MAJEURE 8.18 Except for payments of sums due,neither party is liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to,the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions,meteor strikes, famine, sink holes, avalanches, lockouts, injunctions-intervention-acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure is deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and is deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure does not include late deliveries of products and services caused by congestion at a manufacturer's plant or elsewhere,an oversold condition of the market, inefficiencies,or other similar occurrences. If either party is delayed at any time by force majeure,then the delayed party must(if possible)notify the other party of such delay within forty-eight(48)hours. 8.19 through 8.20 [These sections are intentionally blank.] K. LICENSES 8.21 The Vendor must maintain a valid status on all required federal, state, and local licenses,bonds, and permits required for the operation of the business that the Vendor conducts with NJPA and NJPA Members. 8.22 All responding Proposers must be licensed (where required) and must have the authority to sell and distribute the offered products and services to NJPA and NJPA Members. Documentation of the required licenses and authorities, if applicable, should be included in the Proposer's response to this RFP. L.MATERIAL SUPPLIERS AND SUB-CONTRACTORS 8.23 The awarded Vendor must supply the names and addresses of sourcing suppliers and sub-contractors as a part of the purchase order when requested by NJPA or an NJPA Member. M.NON-WAIVER OF RIGHTS 8.24 No failure of either party to exercise any power given to it hereunder,nor a failure to insist upon strict compliance by the other party with its obligations hereunder, nor a custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP constitutes a waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to take action or to assert any right hereunder does not constitute a waiver of such right. N. PROTESTS OF AWARDS MADE 8.25 And protests must be filed with NJPA's Executive Director and must be resolved in accordance with appropriate Minnesota rules. Protests will only be accepted from Proposers. A protest of an award or nonaward must be filed in writing with NJPA within ten (10) calendar days after the public notice or announcement of the award or nonaward. A protest must include the following items. 29 8.25.1 The name,address,and telephone number of the protester; 8.25.2 The original signature of the protester or its representative (you must document the authority of the representative); 8.25.3 Identification of the solicitation by RFP number; 8.25.4 Identification of the statute or procedure that is alleged to have been violated; 8.25.5 A precise statement of the relevant facts; 8.25.6 Identification of the issues to be resolved; 8.25.7 The aggrieved party's argument and supporting documentation; 8.25.8 The aggrieved party's statement of potential financial damages;and 8.25.9 A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party's statement of potential financial damages. O. SUSPENSION OR DISBARMENT STATUS 8.26 If within the past five 5years, anyfirm, business, person or Proposer responding to an NJPA ( ) P P g solicitation has been lawfully terminated, suspended, or precluded from participating in any public procurement activity with a federal, state, or local government or education agency, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment,the duration of the suspension or debarment,and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the termination of a Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. P.AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 8.27 An Affirmative Action Plan, Certificate of Affirmative Action, or other documentation regarding Affirmative Action may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. 8.28 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. Q. SEVERABILITY 8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law,or statutory provision,or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms will be deemed stricken from the Contract, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP. R. RELATIONSHIP OF PARTIES 8.30 No Contract resulting from this RFP may be considered a contract of employment. The relationship between NJPA and an awarded Vendor is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties neither intend the proposed Contract to create,nor is to be construed as creating,a partnership,joint venture,master-servant, principal-agent, or any other,relationship.Except as provided elsewhere in this RFP,neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the 30 power to obligate the other party by contract, agreement, warranty, representation, or otherwise in any manner whatsoever except as may be expressly provided herein. 9 FORMS [THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.] 31 Form A / `.,.•. PROPOSER QUESTIONNAIRE- General Business Information (Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P) Proposer Name: Questionnaire completed by: Please identify the person NJPA should correspond with from now through the Award process: Name: E-Mail address: Please answer the questions below using the Microsoft Word®version of this document. This allows NJPA evaluators to cut and paste your answers into a separate worksheet.Place your answer directly below each question.NJPA 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). Please create a response that is easy to read and understand. For example, you may consider using a different font and color to distinguish your answer from the questions. Company Information& Financial Strength 1) Provide the full legal name, mailing and email addresses, tax identification number, and telephone number for your business. 2) Provide a brief history of your company, including your company's core values,business philosophy, and longevity in the HVAC SYSTEMS, INSTALLATION, AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES industry. 3) Provide a detailed description of the products and services that you are offering in your proposal. 4) What are your company's expectations in the event of an award? 5) Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings,letters of credit,and detailed reference letters. 6) What is your US market share for the solutions that you are proposing?What is your Canadian market share,if any? 7) Has your business ever petitioned for bankruptcy protection?Please explain in detail. 8) How is your organization best described:is it a manufacturer,a distributor/dealer/reseller,or a service provider? Answer whichever question(either a)or b)just below)best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), please 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,please 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? 9) If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held,by your organization(including third parties and subcontractors that you use)in pursuit of the business contemplated by this RFP. 10) Provide all"Suspension or Disbarment" information that has applied to your organization during the past ten years. 11) Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. Industry Recognition& Marketplace Success 32 12) Describe any relevant industry awards or recognition that your company has received in the past five years. 13) Supply three references/testimonials from your customers who are eligible for NJPA membership. At a minimum, please include the entity's name, contact person,and phone number. 14) Provide a list of your top five governmental or educational customers (entity name is optional), including entity type, the state the entity is located in,scope of the projects,size of transactions,and dollar volumes from the past three years. 15) Indicate separately what percentages of your sales are to the government and education sectors in the past three years? 16) List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 17)List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? Proposer's Ability to Sell and Deliver Service Nationwide 18) Describe your company's capability to meet NJPA Member's needs across the country. Your response should address at least the following areas. a) Sales force. b) Dealer network or other distribution methods. c) Service force. Please include details,such as the 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 employers (or employees of a third party), and any overlap between the sales and service functions. 19)Describe in detail the process and procedure of your customer service program, if applicable. Please include your response-time capabilities and commitments,as well as any incentives that help your providers meet your stated service goals or promises. 20) a)Identify any geographic areas of the United States that you will NOT be fully serving through the proposed contract. b) Identify any NJPA Member sectors (i.e., government, education, not-for-profit)that you will NOT be fully serving through the proposed contract. Please explain your answer. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 21) Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories. Marketing Plan 22) If you are awarded a contract, how will you train your sales management, dealer network, and direct sales teams (whichever apply)to ensure maximum impact?Please include how you will communicate your NJPA pricing and other contract detail to your sales force nationally. 23) Describe your marketing strategy for promoting this contract opportunity. Please include representative samples of your marketing materials in electronic format. 24) Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. 25) In your view, what is NJPA's role in promoting contracts arising out of this RFP? How will you integrate an NJPA- awarded contract into your sales process? 33 26) 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. Value-Added Attributes 27)Describe any product,equipment,maintenance,or operator training programs that you offer to NJPA Members.Please include details,such as whether training is standard or optional,who provides training,and any costs that apply. 28) Describe any technological advances that your proposed products or services offer. 29) Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. 30) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations that your company or hub partners have obtained. 31) What unique attributes does your company,your products,or your services offer to NJPA Members?What makes your proposed solutions unique in your industry as it applies to NJPA members? 32) Identify your ability and willingness to provide your products and services to NJPA member agencies in Canada. NOTE: Questions regarding Payment Terms,Warranty,Products/Equipment/Services,Pricing and Delivery,and Industry Specific Items are addressed on Form P. Signature: Date: 34 Form BJPA PROPOSER INFORMATION * Company Name: Address: City/State/Zip: Phone: Fax: Toll-Free Number: E-mail: Website Address: COMPANY PERSONNEL CONTACTS Authorized signer for your organization Name: Email: Phone: The person identified here must have proper signing authority to sign the"Proposer's Assurance of Compliance"on behalf of the Proposer. Who prepared your RFP response? Name: Title: Email: Phone: Who is your company's primar% contact person for this proposal? Name: Title: Email: Phone: Other important contact information Name: Title: Email: Phone: Name: Title: Email: Phone: 35 Form C EXCEPTIONS TO PROPOSAL,TERMS,CONDITIONS, AND SOLUTIONS REQUEST (a( .TPA); Company Name: Any exceptions to the terms, conditions,specifications,or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Term,Condition,or NJPA Section/page Specification Exception ACCEPTS Proposer's Signature: Date: NJPA's clarification on exceptions listed above: 36 Contract Award RFP #030817I FORM D 452 k JPA Formal Offering of Proposal '� (To be completed only by the Proposer) HVAC SYSTEMS,INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES In compliance with the Request for Proposal (RFP) for HVAC SYSTEMS, INSTALLATION, AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES, ;the undersigned warrants that the Proposer has examined this RFP and,being familiar with all of the instructions,terms and conditions,general and technical specifications,sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP,any applicable amendments of this RFP,and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: Date: Company Address: City: State: Zip: Contact Person: Title: Authorized Signature: (Name printed or typed) 37 Form E .,.,, frit. 11 z'JPA Contract Acceptance and Award (To be completed only by NJPA) NJPA!#030817 Proposer's full legal name Your proposal is hereby accepted, and a Contract is awarded. As an awarded Proposer,you are now bound to provide the defined products and services contained in your proposal offering according to all terms,conditions,and pricing set forth in this RFP,any amendments to this RFP,your response,and any exceptions accepted by NJPA. The effective start date of the Contract will be , 20 and continue until- (no later than the later of four years from the expiration date of the currently awarded contract or four years from the NJPA Board's contract award date). This contract may be extended for a fifth year at NJPA's discretion. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: NJPA Executive Director (Name printed or typed) Awarded this day of , 20 NJPA Contract Number j#030817 NJPA Authorized signature: NJPA Board Member (Name printed or typed) Executed this day of ,20 NJPA Contract Number #030817 The Proposer hereby accepts this Contract award, including all accepted exceptions and NJPA clarifications. Vendor Name Vendor Authorized signature: (Name printed or typed) Title: Executed this day of ,20 NJPA Contract Number 1#030817 38 Form F PROPOSER ASSURANCE OF COMPLIANCE IPA Proposal Affidavit Signature Page • PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal(the"Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services,all applicable licenses necessary for such delivery to NJPA members agencies.The undersigned affirms that he or she is authorized to act on behalf of,and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer,has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders,or means that are acceptable to NJPA Members.Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws,regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked"confidential" (or"nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 39 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name: Address: City/State/Zip: Telephone Number: E-mail Address: Authorized Signature: Authorized Name(printed): Title: Date: Notarized Subscribed and sworn to before me this day of ,20 Notary Public in and for the County of State of My commission expires: Signature: 40 Forme '."__ ��ma OVERALL EVALUATION AND CRITERIA 'T -'/' For the Proposed Subject HVAC SYSTEMS, INSTALLATION, AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES Conformance to RFP Terms and Conditions 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service Nationwide 100 Marketing Plan 50 Value-Added Attributes 75 Warranty 50 Depth and Breadth of Offered Products and Related 200 Services Pricing 400 TOTAL POINTS 1000 Reviewed by: Its Its 41 Form P 3 MPA�') PROPOSER QUESTIONNAIRE Payment Terms,Warranty,Products and Services,Pricing and Delivery,and Industry-Specific Questions Proposer Name: Questionnaire completed by: Payment Terms and Financing Options 1) What are your payment terms(e.g.,net 10,net 30)? 2) 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?. 3) Briefly describe your proposed order process.Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer(or some other entity)will process the NJPA Members' purchase orders. 4) Do you accept the P-card procurement and payment process?If so, is there any additional cost to NJPA Members for using this process? Warranty 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. • Do your warranties cover all products,parts,and labor? • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? • Will you cover warranty service for items made by other manufacturers that are part of your proposal,or are these warranties issues typically passed on to the original equipment manufacturer? • What are your proposed exchange and return programs and policies? 6) Describe any service contract options for the items included in your proposal. Pricing,Delivery,Audits,and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. 8) Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price)on all of the items that you want NJPA to consider as part of your RFP response.Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) 42 9) Please quantify the discount range presented in this response.For example, indicate that the pricing in your response represents is a 50%percent discount from the MSRP or your published list. 10) The pricing offered in this proposal is a.the same as the Proposer typically offers to an individual municipality,university,or school district. b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments. d.other than what the Proposer typically offers(please describe). 11)Describe any quantity or volume discounts or rebate programs that you offer. 12) Propose a method of facilitating"sourced"products or related services, which may be referred to as"open market" items or"nonstandard options".For example,you may supply such items"at cost" or"at cost plus a percentage," or you may supply a quote for each such request. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation,set up,mandatory training,or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 14) If delivery or shipping is an additional cost to the NJPA Member,describe in detail the complete shipping and delivery program. 15) Specifically describe those shipping and delivery programs for Alaska,Hawaii,Canada,or any offshore delivery. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. 17) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA.This process includes ensuring that NJPA Members 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 NJPA. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating,managing, and promoting the NJPA 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 RFP Section 6.29 and following for details.) Industry-Specific Questions 19) For the solutions that you are proposing in your response,what is your market share relating to NJPA's specific member sectors(i.e.,governmental,educational,or not-for-profit entities)?If you are unable to cite reasonably accurate data or credible estimates,please state this. 20) Detail your ongoing training programs for your service/installation technicians,including the training frequency and time requirements. 21) Describe and demonstrate what specifically differentiates you from your key competitors in the areas of organizational structure and product/service offerings. 22) In addition to the general narrative of equipment/products and related services requested in Form P,question 7, describe in detail what is included within your response in terms of installation,maintenance,and turn-key services. 23) Which industry-specific quality management system certifications(if any)does your company hold?You may also include applicable ISO certifications in your answer. 43 Signature: Date: 44 10 PRE-SUBMISSION CHECKLISTJPA '. Electronic Copy Check when Hard Copy Required Required-CD or Completed Contents of Your Bid Proposal Signed and Dated Flash Drive Form A: Proposer Questionnaire with all questions answered completely X-signature page only X Form B: Proposer Information X Form C: Exceptions to Proposal,Terms, Conditions, and Solutions Request X X Form D: Formal Offering of Proposal X X Form E. Contract Acceptance and Award X Form F: Proposers Assurance of Compliance _X X Form P: Proposer Questionnaire with all questions answered completely X-signature page only X Certificate of Insurance with $1.5 million coverage X X Copy of all RFP Addendums issued by NJPA X X Pricing for all Products/Equipment/Services within the RFP being proposed X Entire Proposal submittal including signed documents and forms. X All forms in the Hard Copy Required Signed and Dated should be inserted in the front of the �..; submitted response, unbound. y; { Package containing your proposal labeled and sealed with the following language: "Competitive Proposal Enclosed, Hold for Public Opening XX-XX-XXXX" ` Response Package mailed and delivered prior to ; r deadline to: NJ PA, 202 12th St NE, Staples, MN 56479 45 11 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 1. Instructions for Vendor Requests for product or service changes,additions,or deletions will be considered at any time throughout the awarded contract term. All requests must be made in writing by completing sections 2,3,and 4 of this NJPA Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the NJPA Contracts & Compliance Manager and to approval by NJPA's Chief Procurement Officer. Submit request through email to your assigned NJPA Contract Administrator NJPA will determine whether the request is 1) within the scope of the original RFP, and 2) in the best interests of NJPA and NJPA Members. Approved Price and Product Change Request Forms will be signed and emailed to the Vendor contact. The Vendor must complete this change request form and individually list or attach all items or services subject to change,must provide sufficiently detailed explanation and documentation for the change,and must include a complete restatement of pricing documentation in an appropriate format (preferably Microsoft® Excel®). The pricing document must identify all products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name)(NJPA Contract#)(effective pricing date);for example,"Acme Widget Company#012416-AWC eff.01-01-2017." NOTE: New pricing restatements must include all products and services offered regardless of whether their prices have changed and must include a new"effective date"on the pricing documents. This requirement reduces confusion by providing a single,current pricing sheet for each Vendor and creates a historical record of pricing. ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the original RFP. DELETIONS. New products and related services may be deleted from a contract if, for example,they are no longer available or have been modified to a point where they are outside the scope of the RFP. PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For example,a Vendor that manufactures products that require substantial petroleum-related material might request a 3% price increase because of a 20%increase in petroleum costs. Price decreases: NJPA expects Vendors to propose their very best prices and anticipates that price reductions might occur because of improved technologies or marketplace efficiencies. Price increases: Acceptable price increases typically result from specific Vendor cost increases. The Vendor must include reasonable justification for the price increase and must not, for example,offer merely generalized statements about an increase in a cost-of-living index.Appropriate documentation should be attached to this form,including such items as letters from suppliers announcing price increases. Refer to the RFP for complete"Pricing"details. Section 2.Vendor Name and Type of Change Request CHECK ALL CHANGES THAT APPLY: AWARDED VENDOR NAME: ❑ Adding Products/Services vices ❑ Deleting Products/Services ❑ Price Increase NJPA CONTRACT NUMBER: ❑ Price Decrease 46 Section 3. Detailed Explanation of Need for Changes List the products and/or services that are changing or being added or deleted from the previous contract price list, along with the percentage change for each item or category. (Attach a separate,detailed document if changing more than 10 items.) Provide a general statement and documentation explaining the reasons for these price and/or product changes. EXAMPLES: 1) "All pricing for paper products and services are increased 5% because of increased raw material and transportation costs (see attached documentation of fuel and raw materials increase)." 2) "The 6400 series floor polisher is being added to the product list as a new model, replacing the 5400 series. The 6400 series 3%increase reflects technological changes that improve the polisher's efficiency and useful life. The 5400 series is now included in the "Hot List" at a 20% discount from the previous pricing until the remaining inventory is liquidated." If adding products, state how these are within the scope of the original RFP. If changing prices or adding products or services, state how the pricing is consistent with existing NJPA contract pricing. 47 • Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been emailed to the Vendor's Contract Administrator. ❑ Yes ❑ No Section 5.Signatures Vendor Authorized Signature Date Print Name and Title of Authorized Signer Jeremy Schwartz,NJPA Director of Cooperative Contracts and Procurement/CPO Date 48 560,ER,ME4 srgL T T T41VP� m �/y1,\imoil,owtawnsAnuoer F y 1 f-y cep M97.11�' `11 Appendix A NJPA The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal governmental, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP)to result in a national contract solution. For your reference,the links below include some, but not all,of the entities included in this proposal. http://www.usa.gov/Agencies/Local_Government/Cities.shtml http://nces.ed.gov/globallocator/ https://harvester.census.gov/imis/search/index.asp http://nccsweb.urban.org/PubApps/search.php http://www.usa.gov/Government/Tribal-Sites/index.shtml http://www.usa.gov/Agencies/State-and-Territories.shtml http://www.nreca.coop/about-electric-cooperatives/member-directory/ Oregon Hawaii Washington 49 Regular Meeting Minutes of the NATIONAL JOINT POWERS ALLIANCE® Board of Directors Tuesday, May 16, 2017 Conference Room 3 202 12th St. NE, Staples, MN 56479 Chair Wilson called the Regular Board meeting to order at 5:50p.m. with the following members present: Barb Neprud, Mark Gerbi, Mary Freeman, Scott Veronen, Greg Zylka, Ryan Thomas, and Mike Wilson. Also present were Jon Radermacher, City of Little Falls and Chris Lindholm, Pequot Lakes School District, Ex-Officios; Chad Coauette, Susan Nanik, Misty Myers, Paul Drange, Jeremy Schwartz, Mike Carlson, Jamie Loken, Jim Kane, Bev Hoemberg, Michelle Barrett, and Deb Cervantez, NJPA staff. Mr. Zylka moved, seconded by Mr. Gerbi to accept the agenda as amended. Motion carried. Mr. Thomas moved, seconded by Ms. Neprud to accept the minutes of the Annual Board Retreat and Regular Board Meeting held on April 12-13, 2017. Motion carried. Mr. Carlson presented the monthly Financial Reports and budget update. Ms. Freeman moved, seconded by Ms. Neprud to approve the check register and Treasurer's Report of Cash, Revenues, and Expenditures and to pay all vendor disbursements #93110 to #93387. Motion carried. Ms. Freeman moved, seconded by Mr. Gerbi to approve all Wire Transfers #233 to #247. Motion carried. Mr. Zylka moved, seconded by Ms. Neprud to accept the Consent Agenda as follows: • Updated Membership Agreements Members added April 1-30, 2017 • Permission to solicit Group Basic and Voluntary Employee Benefit Products with Related Services Motion carried. Mr. Kane gave a day in the life of an NJPA employee presentation on his role as Business Development Administrator. Mr. Drange gave an update on Regional Programs. Ms. Nanik gave an update on the Facilities, Human Resources, and Marketing Departments. Mr. Carlson gave an update on the Finance, and Risk Management Departments. Mr. Loken gave an update on the Information Technology Department. Ms. Myers gave an update on the Legal and Government Relations Departments. Mr. Schwartz gave an update on the Cooperative Contract Purchasing and Procurement Departments. Mr. Schwartz gave an update on the following new contracts awarded in April as noted in Appendix A. Dr. Coauette presented the proposed revised Computer and Communication Use Policy for review. Ms. Neprud moved, seconded by Mr. Zylka to approve the SFY2017 Application for Special Education Funds Statement of Assurances. Motion carried. Mr. Zylka moved, seconded by Mr. Gerbi to approve hiring: • Chris Robinson, Procurement Manager, effective May 8, 2017 • Ben Plante, Collaborative Service Worker, effective May 16, 2017 • Kelli Draper, IT Business Systems Analyst, effective May 30, 2017 Motion carried. Ms. Neprud moved, seconded by Mr. Thomas to open: • Contract Administrator II • Senior Education Consultant • Lead Procurement Analyst Motion carried. Mr. Zylka moved, seconded by Mr. Gerbi to approve the following position descriptions and open positions: • Manager of Government Relations • Director of Marketing • Network Engineer III • Marketing and Public Relations Lead Motion carried. Mr. Thomas moved, seconded by Ms. Neprud to approve 30 additional contract days for FY16-17 for Nan Records, Regional Low Incidence Facilitator. Motion carried. Ms. Nanik gave the staffing update. Dr. Coauette gave an update on the Strategic Reinvestment Committee. Dr. Coauette gave an update on MSC and National Cooperative Procurement Partners. Mr. Gerbi moved, seconded by Mr. Zylka to adjourn the meeting at 7:54 p.m. Motion carried. NJPA CONTRACTS&COMPLIANCE DEPARTMENT BOARD ITEMS-May 2017 Requesting Board permission to Solicit the following categories: Group Basic and Voluntary Employee Benefit Products with Related Services Requesting Board permission to Re-Solicit the following categories: NEW CONTRACT Recreation and Playground Equipment,Accessories American Ramp Products 030117-ARC and Supplies: Recreation and Playground Equipment,Accessories Becker Arena Products,Inc. 030117-BAP and Supplies: Recreation and Playground Equipment,Accessories Clearspan Fabric Structures Intl. 030117-CSS and Supplies: Recreation and Playground Equipment,Accessories Frank J.Zamboni&Co.,Inc. 030117-F2C and Supplies: Recreation and Playground Equipment,Accessories Landscape Structures Inc. 030117-L51 and Supplies: Recreation and Playground Equipment,Accessories North West Rubber 030117-NWR and Supplies: Recreation and Playground Equipment,Accessories Playpower,Inc. 030117-LTS and Supplies: Recreation and Playground Equipment,Accessories Poligon by PorterCorp 030117-PPC and Supplies: Recreation and Playground Equipment,Accessories Rain Drop Products,LLC 030117-RDP and Supplies: Recreation and Playground Equipment,Accessories RubbeRecyde,LLC 030117-RBR and Supplies: Recreation and Playground Equipment,Accessories SofSurfaces,Inc. 030117-SFS and Supplies: Recreation and Playground Equipment,Accessories Spohn Ranch,Inc 030117-5RI and Supplies: HVAC Systems,Installation,and Service with Related Carrier Corporation 030817-CAR Products and Supplies: HVAC Systems,Installation,and Service with Related Johnson Controls,Inc 030817-JHN Products and Supplies: HVAC Systems,Installation,and Service with Related Siemens Industry Inc. 030817-SIE Products and Supplies: New ezlQCContracts J State of Maryland HITT Contracting,Inc. MDOSGC01-031417-HCI State of Michigan Pe1GC MI01W-041117-PGC State of Minnesota-Northeast/Iron Range(General Construction) Kaski,Inc MN011R-042517-KAS Kraus-Anderson Construction Company MN021R-042517-KRU The Jamar Company MN031R-042517-JMR 5th YEAR RENEWALS "Public Utility Equipment with Related Accessories and Altec Industries,Inc. 031014-ALT Supplies" "Curriculum and Educational Equipment,Related FuelEducation 101713-KVS Supplies,Accessories and Services" "Grounds Maintenance with Related Equipment, Jacobsen,a Division of Textron 070313-JCS Accessories and Supplies" ezQC RENEWALS FHP Tectonics Corp. FLO1GC1-051716-FTC FHP Tectonics Corp. FLO4GC3-051716-FTC K-Con,Inc. FLO1GC3-051716-KCI K-Con,Inc. FLO2GC2-051716-KCI K-Con,Inc. FLO3GC1-051716-KCI K-Con,Inc. FLO5GC1-051716-KCI Biddingo-Leading e-procurement portal for public and private sector bids https://r2cow.biddingo.com/viewVerification/356319/1273037 * Home > List of Bids > Bid Information Bid Information 6 Pending Biddingo Approval Bid Information for 030817 Bid Number 030817 Bid Name HVAC SYSTEMS,INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES Published By National Joint Powers Alliance Solicitation Type Open to all suppliers Contract Type RFP Procurement Name Procurement Published Date 01/12/2017 Closing Date 03/08/2017 04:30:00 PM CT Country&Province/State Ontario,Canada Region&City , Bid Type Goods,Services Group Remind Notice Date Not Applicable Publish Option NIGP Code Value Range Not Applicable Accept questions Not Applicable Tender Area Requirements NDA Requirement Not Applicable NOI Date Not Applicable Site Meetings Not Applicable Bid Advertisement National Joint Powers Alliance HVAC SYSTEMS, INSTALLATION, AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES 030817 Closing Date:03/08/2017 04:30:00 PM CT Detail: The National Joint Powers Alliance®(NJPA),on behalf of NJPA and its current and potential member agencies,which includes all governmental,higher education,K-12 education,not-for-profit,tribal government,and all other public agencies located in all fifty states,Canada,and internationally,issues this Request For Proposal(RFP)to result in a national contract solution for the procurement of#030817 HVAC SYSTEMS,INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES.Details of this RFP are available beginning January 12,2017.Details may be obtained by letter of request to Jonathan Yahn,NJPA,202 12th Street Northeast,P.O.Box 219,Staples,MN 56479,or by e-mail at RFP@njpacoop.org.Proposals will be received until March 8,2017 at 4:30 p.m.Central Time at the above address and opened March 9,2017 at 8:00 a.m.Central Time. Bid Document No Bid Document Selected Selected Categories(Biddingo Category) -Construction Bridges/Elevated Highways/Tunnels/Subways/ Tunnels,Maintenance Of Bridges,Subways,Railroads,Etc. Railroads Building Projects/Renovation/Demolition Projects Building Construction,Concrete Work,Sidewalks,Steel,Aluminum,Metal Fabrication,Mortar Renovation,Stone Cladding,Flooring Supplies And Services,Carpentry And Wood Services,Demolition Ovil Works,Earth Moving,Site Preparation,Masonry Works,Underground Storage, Fences,Pallet Racking,Millwork,Waterproofing,Parking Lots,Modular Homes,etc —_-------------------- ---..-------- ---.__.--------- ----_--..-..-._.- Construction Hardware Doors,Windows,Hand-Held Tools,Lumber,Drywall,Handles,Knobs,Fence Materials,Hammers,Nails,Screws,Wires,Locks,Water Meter, Carpets,Floor Materials,Window Blinds etc Construction Materials/Equipment Concrete Saw,Heavy Duty Drill,Concrete Mixers,Catch-Basins,Aggregates,Granular Materials,Welding Machine,Poles,Sheet Metal, Scaffolding,Traffic Glass Beads etc. Construction/Project Manager Construction Management And Consulting And General Contracting,Contract Management 1 of 1/12/2017 11:17 AM Biddingo-Leading e-procurement portal for public and private sector bids https://r2cow.biddingo.com/viewVerification/356319/1273037 • • Electrical Supplies/Services Electrical Engineering,Services And Supplies,Maintenance./Repairs Of Generators,Lighting Fixtures,Fabricated Steel Crossarms(Poles), Pedestrian lights etc. Heating/Plumbing/Mechanical Supplies/Services Mechanical Engineering,Plumbing Fixtures,Pipe,Valves And Fittings,Pumps And Tanks,Water Coolers,Water Heaters,Leak Detection, HVAC,Refrigerant,Hydronics,Unit Heaters,Zone Systems,Evaporative Coolers,Portable Spot Coolers,Ductless Split Systems,Duct weaning, Instrumentation And Related Accessories,Refrigeration Systems,Elevators Landscaping/Grounds Maintenance/Supplies Landscaping/Grounds Maintenance/Supplies:Fertilizer,Seeds,Sods,Tree Planting,Lawn Mowing,Pond Planters,Bark Mulch,Soil Control, Aquarium/Aquatic Materials,real/artificial turf,vegetation management,horticulture etc Painting Supplies/Services Painting Services,Paint,Brushes,Paint Thinner,Road Painting,traffic glass beads,etc Parks/Recreational Facilities Playgrounds Structures/Equipment,Parks And Recreational Facilities,Pools,Skate Park Systems,Arenas,Graveyards,Golf Courses,Etc. Upgrades And Maintenance,bleachers,Cemeteries and Graveyards,playground equipment,Bus Shelters etc Roads/Sewer/Watermain Roads/Sewer/Watermain Projects-Excavating,Ditch,Culvert,Streetscaping,Traffic Lights,Road Painting,Visors,Polycarb,Asphalt Overlay, Fire Hydrant,Guard Rails,Drainage Systems Roofing Supplies/Services Roofing Projects,Shingles,Aluminum Siding Water Treatment/Plants Water Treatment Plants,Purification,Monitoring/Equipment/Supplies,Inspection,Maintenance,Water Measuring Devices,Dams,Water Quality,Water Treatment Services/supplies,etc Winter Maintenance/Supplies Snow Removal,Hauling Of Salt And Sand,Antifreeze Etc. Unclassified Categories Miscellaneous items Miscellaneous Bids located within this category are not classified in the existing Biddingo categories. Attached Bid Documents Seq. Name Description Size Page NDA Preview Required Document No File Attached Invited Bidders Name/Email Address Phone Fax No Bidder Invited ®Copyright 2017 R2CoW.All Rights Reserved.Powered by B/dO7ngo,corrt [SUPPORT(Download Training Manuals) ] PVtlaten 14.3 SECURED ABOUT$5L CERTIFICATES 2 of 2 1/12/2017 11:17 AM AFFIDAVIT OF PUBLICATION DiC OFFICIAL 921 S.W. Washington St. Suite 210/Portland, OR 97205-2810 (503)226-1311 STATE OF OREGON,COUNTY OF MULTNOMAH--ss. I, Michelle Ropp , being first duly sworn, depose and say that I am a Principal Clerk of the Daily Journal of Commerce , a newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH, and WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland in the aforesaid County and State; that I know from my personal knowledge that the Goods and Services notice described as Case Number: NOT PROVIDED HVAC SYSTEMS, INSTALLATION, SERVICE WITH RELATED PRODUCTS AND SUPPLIES The National Joint Powers Alllanc; Bid Location Staples, MN,Todd County; Due 03/08/2017 at 04:30 PM a printed copy of which is hereto annexed,was published in the entire issue of said newspaper for 1 time(s)in the following issues: 1/13/2017 NATIONAL JOINT POWERS ALLIANCE HVAC SYSTEMS,INSTALLATION, SERVICE WITH RELATED PRODUCTS AND SUPPLIES Proposals due 4:30 p.m.March 8,2017 REQUEST FOR PROPOSALS State of Oregon The National Joint Powers Alliance® County of Multnomah (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, SIGNED OR ATTESTED BEFORE ME tribal government, and all other public ON THE 2nd DAY OF May,2017 agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal(RFP)to result in a national contract solution for the procure- ment of #030817 HVAC SYSTEMS, INSTALLATION, SERVICE WITH REL- ATED PRODUCTS AND SUPPLIES. / Mich Opp Details of this RFP are available begin- ning January 12, 2017. Details may be r' / obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, /j/til,,f�—c P.O. Box 219,Staples,MN 56479,or by e-mail at RFP@njpacoop.org. Proposals Notary Public-State of Oregon will be received until March 8, 2017 at 4:30 p.m. Central Time at the above address and opened March 9, 2017 at 8:00 a.m.Central Time. Please see who OFFICIAL STAMP this pertains to here: http://www. I'.).' ni8ac000.org/oregon advertising. '.= SELAH MICHELE FARMER,_., Published Jan.13,2017. 11334000 •l!��.i NOTARY PUBLIC-OREGON `�; COMMISSION NO.959961 MY COMMISSION EXPIRES FEBRUARY 27,2021 Accounts Payable Order No.: 11334000 National Joint Powers Alliance Client Reference No: PO Box 219 Staples,MN 56479-0219 Daily Journal of Commerce Account# Oregon's Building Connection 10027759 921 S.W.Washington St. Order Date Suite 210 5/2/2017 Portland, OR 97205-2810 Order# 1 (503)226-1311 11334000 www.djcoregon.com PO/Case# Salesperson Accounts Payable National Joint Powers Alliance PO Box 219 Staples, MN 56479-0219 Days Description SizelQty Unit Price Amount HVAC SYSTEMS, INSTALLATION, SERVICE WITH RELATED PRODUCTS AND SUPPLIES 1 Daily Journal of Commerce(OR) 1 col x 3.57in Bids/Goods and Services 171 words/33 In The National Joint Powers Allianc; Bid Location Staples, MN,Todd County; Due 03/08/2017 at 04:30 PM 1/13/2017 -Base Charge 75.90 Anchor Rate: 75.9 Subsequent Rate: $0.00 TOTAL DUE 75.90 DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT TO: Daily Journal of Commerce SDS 12-2812 PO Box 86 Minneapolis, MN 55486-2812 Account# Customer Order# Order Date Total Due 10027759 National Joint Powers Alliance 11334000 5/2/2017 75,90 ❑ ❑ ❑ M M Y Y / Security Code: CARD NUMBER EXP.DATE Charge My Credit Card$ CUSTOMER SIGNATURE 030817-HVAC SYSTEMS,INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES Notice Basic Information Estimated Contract Value(CAD) $999,999,999,999.00(Not shown to suppliers) Reference Number 0000047299 Issuing Organization National Joint Powers Alliance Solicitation Type RFP-Request for Proposal Solicitation Number 030817 Title HVAC SYSTEMS,INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES Source ID PP.CO.USA.868485.C88455 Details Region All of Canada,All of Canada Purchase Type One Time Only Description The National Joint Powers Alliance®(NJPA),on behalf of NJPA and its current and potential member agencies,which includes all governmental, higher education,K-12 education,not-for-profit,tribal government,and all other public agencies located in all fifty states,Canada,and internationally, issues this Request For Proposal(RFP)to result in a national contract solution for the procurement of#030817 HVAC SYSTEMS, INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES.Details of this RFP are available beginning January 12,2017. Proposals will be received until March 8,2017 at 4:30 p.m.Central Time at the above address and opened March 9,2017 at 8:00 a.m.Central Time Dates Publication 2017/01/12 11:14:57 AM CST Question Acceptance Deadline 2017/03/01 11:59:00 PM CST Questions are submitted online No Bid Intent Not Available Closing Date 2017/03/08 04:30:00 PM CST Prebid Conference 2017/02/15 10:00:00 AM CST Contact Information Ginger Line 218-894-1930 ginger.line@njpacoop.org Pre-Bidding Events Event Type Prebid Conference Attendance Recommended Event date 2017/02/15 10:00:00 AM CST Location Webcast/Conference Call Event Note The connection information will be sent to all inquirers two business days before the conference Bid Submission Process Bid Submission Type Electronic Bid Submission Pricing Lump sum Pricing Lump sum Bid Documents List Item Name Description Mandatory Bid Documents Documents defining the proposal Yes 2017/01/12 11:15:07 AM CST Page 1 of 4 030817-HVAC SYSTEMS,INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES • Documents Documents Document Size Uploaded Date Language How to obtain RFP[docx] 12 Kb 2017/01/12 11:14:18 AM CST English 2017/01/12 11:15:07 AM CST Page 2 of 4 030817-HVAC SYSTEMS,INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES Categories Selected Cateaories MERX Categories(5) N Services Services N9 Maintenance,Repair,Modification,Rebuilding and Installation of Goods/Equipment Maint, Repair,Modification,Rebuilding&Installation U Other Other U Undefined Undefined G Goods Goods G22 Miscellaneous Goods Miscellaneous Goods G18 Industrial Equipment Industrial Equipment C Construction Construction C Construction Services Construction Services 2017/01/12 11:15:07 AM CST Page 3 of 4 030817-HVAC SYSTEMS,INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES • Document Request List Document Request List Organization Name Main Contact Download Date City Province/State No document has been requested yet. 2017/01/12 11:15:07 AM CST Page 4 of 4 Public Purchase: Bid RFP#030817-HVAC SYSTEMS,INSTALLATIO... http://www.publicpurchase.com/gems/bid/bidView?bidld=72246 [Go Back To Agency View] [Bid Board] Public I Purchase, Chat Help Logout Home Search Browse My Stuff Tools Bid RFP #030817 - HVAC SYSTEMS, INSTALLATION, AND SERVICE WITH RELATED PRODUCTS AND NJ SUPPLIES National Joint Powers Alliance• Bid Type RFP Bid Number 030817 Questions 0 Questions Title HVAC SYSTEMS, [View/Ask Questions] INSTALLATION, AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES Start Date Jan 12, 2017 11:19:40 AM CST End Date Mar 8, 2017 12:00:00 AM CST Agency NJPA Bid Contact Ginger Line (218) 894-5483 ginger.line@njpacoop.org 202 12th Street NE P.O. Box 219 Staples, MN 56479-0219 Description The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of#030817 HVAC SYSTEMS, INSTALLATION, AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES. Details of this RFP are available beginning January 12, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until March 8, 2017 at 4:30 p.m. Central Time at the above address and opened March 9, 2017 at 8:00 a.m. Central Time. Delivery Information Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 Pre-Bid Conference Date Feb 15, 2017 10:00:00 AM CST Location Webcast/Conference Call 1 of2 1/12/2017 11:20 AM Public Purchase:Bid RFP#030817-HVAC SYSTEMS,INSTALLATIO... http://www.publicpurchase.com/gems/bid/bidView?bidld=72246 Notes The connection information will be sent to all inquirers two business days before the conference Documents No Documents for this bid Customer Support: vendorsupport@publiCpurChase.com I Copyright 1999-2017© I The Public Group,LLC.All rights reserved. "".P 1})lic I Group 2 of 2 1/12/2017 11:20 AM National Joint Powers Alliance::-HVAC Systems,Installation,and Service with Related Products and Services Home J.TPAccess for Vendors 8 /� National Joint Powers Alliance' $ 8•$94.1930 Contact Us P About Us Cooperative Purchasing Statewide/Regional Solutions Organizational pi JOIN NOW BECOME A VENDOR Home>Cooperative Purchasing>Become a Vendor>Current&Pending Solicitations> -HVAC Systems,Installation,and Service with Related Products and Services I121 Cooperative Purchasing - HVAC Systems, Installation, and Service with Related Products and Services Procurement Process The National Joint Powers Alliance® (NJPA),on behalf of NJPA and its current and potential member agencies,which About Us includes all governmental,higher education,K-12 education,not-for-profit,tribal government,and all other public agencies located in all fifty states,Canada,and internationally,issues this Request For Proposal(RFP)to result in a Affiliations&Relationships national contract solution for the procurement of#030817 HVAC SYSTEMS,INSTALLATION,AND SERVICE WITH Become a Member RELATED PRODUCTS AND SUPPLIES.Details of this RFP are available beginning January 12,2017.Details may be obtained by letter of request to Jonathan Yahn,NJPA,202 12th Street Northeast,P.O.Box 219,Staples,MN 56479,or Become a Vendor by e-mail at RFP@njpacoop.org.Proposals will be received until March 8,2017 at 4:30 p.m.Central Time at the above address and opened March 9,2017 at 8:00 a.m.Central Time. Get to Know NJPA Current&Pending Solicitations Pre-Proposal Conference:February 15,2017 at 10:00 am CT -Indefinite Quantity Construction Sealed proposals due:March 8,2017 at 4:30 pm CT Contracting Systems and related Proposals will be publicly opened:March 9,2017 at 8:00 am CT services NJPA reserves the right to reject any and all proposals. -Automotive and Truck To Obtain RFP documents do one of the following: Replacement Parts and Tires with 1. E-mail rfp@njpacoop.org,an email will be sent back to you with the documents Related Equipment,Accessories, 2. Send a letter of request to National Joint Powers Alliance: and Services Attn:Contracts and Compliance Department 202 12th Street NE,Staples,MN 56479 -Class 6,7,and 8 Chassis with 3. Complete the REP Document Request Form below,this will redirect you to a page where you can get the Related Equipment,Accessories, documents immediately. and Services RFP Document Request Form (this will redirect you to a page to -Multi-Function Copiers,Printers, download the documents): and Equipment Vendor Name* -Express Courier,Overnight, Vendor Address Ground Delivery Logistics Vendor City* Services Vendor State* -Elevators,Escalators,and Vendor Zip* Moving Walks with Related Contact Name* * Equipment,Services,Accessories Contact Phone Number Contact Email* and Supplies -Forklifts,Lift Trucks,and Related Material Handling Equipment, Attachments,Accessories,and Services -Pest Management with Related Products and Services http://www.njpacoop.org/cooperative-purchasing/become-vendor/current-pending-solicitations/hvac-systems-installation-and-service-related-products-and-services/[1/12/2017 11:06:09 AM] National Joint Powers Alliance::-HVAC Systems,Installation,and Service with Related Products and Services -Classroom Audio Technology Equipment with Related Accessories,Services,and Supplies -Public Safety and Emergency Management Related Equipment, Supplies,and Services -Vehicles,Cars,Vans,SUVs,and Light Trucks with Related Equipment,Accessories,and Services -Managed Service Provider (MSP)for Information Technology and I.T.Staff Augmentation -Fleet Management and Related Technology Solutions -Recreation and Playground Equipment,Accesories,and Supplies -HVAC Systems,Installation,and Service with Related Products and Services Vendor Reference Guide Contracts-General Contracts-Fleet Contracts-ezIQC Construction Cooperative Health Current&Pending Solicitations FAQs How to Purchase State Legal References NJPA Access for Vendors Public Sector Insured Deposit Search Vendors&Products Vendor Advantage What Can NJPA Do For You Procurement Plaza http:llwww.njpacoop.orglcooperative-purchasing/become-vendor/current-pending-solicitations/hvac-systems-installation-and-service-related-products-and-servicesl[1/12/2017 11:06:09 AM] National Joint Powers Alliance::-HVAC Systems,Installation,and Service with Related Products and Services NJ PA 0 _ Become a 11 Become a National Joint Powers Alliance" El 0®el 8+ MEMBER — I VENDOR 02016 NATIONAL JOINT POWERS ALLIANCE® CONTACT US BECOME A MEMBER BECOME A VENDOR 202 12th Street NE National Cooperative Contract Solutions Contract Directory Current&Pending Solicitations P.O.Box 219 Press Room List of NJPA Contracts Vendor Get To Know Us Staples,MN 56479 Sitemap Membership Application Vendor Reference Guide 888-894-1930 States Legal Authority Member Testimonials Testimonials Who is NJPA? Website Credits http://www.njpacoop.org/cooperative-purchasing/become-vendor/current-pending-solicitations/hvac-systems-installation-and-service-related-products-and-services/[1/12/2017 11:06:09 AM] REQUEST.FOR PROPOSALS The National Joint Powers Alliance®(NJPA),{In behalf of • NJPA and Its cu)rent'and pQtertal member agencies,wI*h lncludsi all governmental,higher education. THE STATE MEDIA CO., INC. K-12 education,Hatt-tor-profit,tribal government,and ail other public Columbia, South Carolina agencies located in all fifty states, issues publisher of Canada,iRequest For Internationally, result in a national contact solution (��� j y f for the procurement of 1030817 ti rtiJ�F VW SYSTEMS,TION,SERVICE WITH RELATED PRODUCTS AND SUPPLIES.De- talks Ctthis RFP are aveilabfe begin- ningSTATE OF SOUTH CAROLINA �"'�ry12ttero(Details may obtained by letter d regnbet to COUNTY O F R I C H LA N D .Jonathan Yahn,NJPA,202 12th Street Northeast,P.O.Box 219, Staples,MN 58479,or by e-mail at RFPOn�acoop,org.Propoeala will Personally appeared before me, Allison Branham, Sales Operations Sup, cents i 'ththe .: of THE STATE, and makes oath that the advertisement, above address and opened Mardi , 9,2017 at 8;00 a.m.Central Time. . 2872223 REQUEST FOR PROPOSALS The National Joint Powers Alliance®(NJPA), on behalf of NJPA and its current and potential member agencies,which includes all governmental, higher education, K-12 education, not-for-profit,tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal(RFP)to result in a national contract solution for the procurement of#030817 HVAC SYSTEMS, INSTALLATION, SERVICE WITH RELATED PRODUCTS AND SUPPLIES. 0002872223 was inserted in THE STATE, a daily newspaper of general circulation published in the City of Columbia, State and County aforesaid, in the issue(s) of January 12, 2017 (AL06 Allison Branham, Sales Operations Supervisor Subscribed and sworn to before me, Karen L. Book, on this day, January 16, 2017 _/ L Notary Public My commission expires September 7, 2026. "Errors-the liability of the publisher on account of errors in or omissions from any advertisement will in no way exceed the amount of the charge for the space occupied by the item in error, and then only for the first incorrect insertion." USA TODAY LIFE 5D THURSDAY.JANUARY 12.2017 • BOOK Z WHAT NEW ON THE LIST ©■ USATODAY BEST-SELLING BOOKS AMERICAS AND IN PUBLISHING BOOKUST.USATODAY.COM smroe10 .aentme..ew U Romaewwx,sltmm mq urn-Roan MRoa,nco MIHc,ae.. Spans Nei..in/rno .pw..Ted..,I. 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The National Joint Powers Manse®712051,on behalf whim lures as governmental.nigher education, `/�/� /� MISSING d NJPA and is.current and potentialmember agencies, K-12 education,not-for-profs tribal government,and v'/•{GL�{•{ which includes all governmental,higher educarn, all other pudic agencieslocated i ll thy states, YOVANY K-12 education, ot--/or or,meal government,and Canada, d'I internationally,issuesthis Request For �te.oet:ao. Ciar LEVITRA all Omer public agent located i alfifty states, Proposal(RFP)to result n a national cattract solution ;;;''„,„,,.,;,:i;,,,,,',,,,,,;-,„; STADE•PR0NCH&MORE TORRES Canada,end internaganay.issues this Request For br:re procurement of 8030817 HVAC SYSTEMS, Jere Proposal(RFP)tto result in a narnalcontract solution INSTALLATION, SERVICE WITH RELATED a e"re. 'FOkAppreved Mew for the procurement of 8030117 RECREATION AND PRODUCTS AND SUPPLIES.Details of this RFP are I N..y�BUSINESS ,•1I -US.Licensed Phannades PLAYGROUND EQUIPMENT,ACCESSORIES,AND available beginning January 12 2017.Details may be 'I [ / SUPPLIES.Details 0f this RFP are available beginning obtained by letter of request to Jonathan Yana NJPA. BUSINESS ■I A [D January 12,2017.Details may be obtained by letter 202 121E Street Northeast•PO.Box 219,Staples,MN - of request to Jonathan Yarn,NJPA,202 12111 Sheet 56479,or by e-mail at RFP@njpecoup.aeg.Proposals OPPORTUNITIES Northeast P.O.Box 219,Staples,MN 56479,or will be recered until March 8,2017 at 4:30 p.m.Central g08: get:Male by e-mail at RFP@nipacoop.org.Proposals will be Time at the above address and opened March 9,2017 OVFRNIGRtSHIPPINGAVARA81f Dec27,2mi Seca: received til March 1,2017 at 4:30 p.m.Central Time at6:00a.m.CentraTime. MASSIVE WEALTH 800-551.0352 WNW. 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Utah WEST VALLEY CITY.UTAH 84118 Media FED.TAX I.D.#87-0217663 Group .;11 801-204-6910 PROOF OF PUBLICATION CUSTOMER'S COPY CUSTOMER NAME AND ADDRESS ACCOUNT NUMBER NATIONAL JOINT POWERS ALLIANCE, 9001496962 Accounting Dept PO BOX 219 REQUEST FOR PROPOSALS DATE i 11x NatLonai Joint Powers Alliances SPA), on be- half of NJPA and Its cur- STAPLES MN 56479 1/12/2017 rent and potential i` ad rs all ®ovemmental, higher education,K-12 education, ACCOUNT NAME onmon-t,p rai^td trabal og f public agencies located in NATIONAL JOINT POWERS ALLIANCE, all fifty states, Canada, and internationally, Issues this Request For Proposal ace rr areoto a naeTELEPHONE ORDER# INVOICE NUMBER Haresrs b1U7A- - TION, SERVICE WITH RE- 2188945483 0001132016 / LATED PRODUCTS AND SUPPLIES. Details of this ig- PUBLICATION SCHEDULE nipg are available tine Details may be obiamed by letter of request to Jonathan elh "ha20PSTART 01/12/2417 END 01/12/2017 21h Street Northeast, O. Box 219,Staples,MN CUSTOMER REFERENCE NUMBER Penipacoop.orq°Pr po F als will be received until #030817 March 8,2017 at 4.30 p. m. Central Time at the above address and CAPTION openede:oo .m.March tral T mie at 1132016 UPAYIP REQUEST FOR PROPOSALS The National Joint Powers Alliance(NJPA), on behalf of N SIZE 38 LINES 1 COLUMN(S) TIMES TOTAL COST 3 87.46 AFFIDAVIT OF PUBLICATION AS NEWSPAPER AGENCY COMPANY, LLC dba UTAH MEDIA GROUP LEGAL BOOKER, I CERTIFY THAT THE ATTACHED ADVERTISEMENT OF REQUEST FOR PROPOSALS The National Joint Powers Alliance (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all government FOR NATIONAL JOINT POWERS ALLIANCE, WAS PUBLISHED BY THE NEWSPAPER AGENCY COMPANY,LLC dba UTAH MEDIA GROUP,AGENT FOR DESERET NEWS AND THE SALT LAKE TRIBUNE,DAILY NEWSPAPERS PRINTED IN THE ENGLISH LANGUAGE WITH GENERAL CIRCULATION iN UTAH,AND PUBLISHED IN SALT LAKE CITY, SALT LAKE COUNTY IN THE STATE OF UTAH.NOTICE IS ALSO POSTED ON UTAHLEGALS.COM ON THE SAME DAY AS THE FIRST NEWSPAPER PUBLICATION DATE AND REMAINS ON UTAHLEGALS.COM iNDEFINATELY. COMPLIES WITH UTAH DIGITAL SIGNATURE ACT UTAH CODE 46-2-101;46-3-104. PUBLISHED ON Start 01/12/2017 End 01/12/2017 AD 44 DATE1/12/2017 SIGNATURE STATE OF UTAH COUNTY OF SALT LAKE ) SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 12TH DAY OF JANUARY IN THE YEAR 2017 BY ANN DARTNELL N VIRGINIA CRAFT �� U -As = NOTARY PUBLIC-STATE OF UTAH ; r "My Comm.Exp. 01/1 21201 8 NOTARY PUBLIC SIGNATURE Commission#672963 c �•".�, Form G }` '; HVAC SYSTEMS,INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES . PA £ ;#.� y -Delta TCorporation dba Big.m o Carrier Corporation Ass Solutions Johnson Controls,Inc. Lennox Industries Inc. Siemens Industry Inc. Possible Points Conformance to Terms/ Conditions to Include Documentation 50 43 36 46 38 42 Pricing 400 331 298 352 265 323 Financial,Industry and ' Marketplace Successes 75 64 57 71 56 61 Bidders Ability to Sell/ Service Contract Nationally 100 86 70 92 70 80 Bidder's Marketing Plan 50 40_ 32 43 38 40 Value Added Attributes 75 85 55 65 57 64 Warranty Coverages and Information 50 41 37 43 40 43 Selection and Variety of Products and Services Offered 200 169 121 175 131 147 Total Points 1,000 839 706 887 695 800 Rank Order 2 4 1 5 3 re Schwartz, 0,CSSBB,NJPA Paul ndemon, JPA Him Ramm,JD,NJPA Keith Hanson,CPA,NJPA Gas Robinson,JO,NJPA J�RNMENT AND eo e v a NJPA 09< * * * e c(� VpfAATIVE COP COMMENT AND REVIEW to the REQUEST FOR PROPOSAL(RFP)#030817 Entitled HVAC SYSTEMS,INSTALLATION,AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES The following advertisement was placed in Oregon's Daily Journal of Commerce on January 13, 2017, in South Carolina's The State on January 12,2017, in Utah's The Salt Lake Tribune on January 12,2017, in USA Today on January 12, 2017,and on the NJPA website www.njpacoop.org, Onvia website www.onvia.com, Notice to Bidders website www.noticetobidders.com, PublicPurchase.com, Merx,and Biddingo: The National Joint Powers Alliance®(NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP)to result in a national contract solution for the procurement of#030817 HVAC SYSTEMS, INSTALLATION, AND SERVICE WITH RELATED PRODUCTS AND SUPPLIES.Details of this RFP are available beginning January 12, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA,202 12th Street Northeast, P.D. Box 219,Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until March 8, 2017 at 4:30 p.m. Central Time at the above address and opened March 9,2017 at 8:00 a.m. Central Time. RFPs were requested by and distributed to: ACCO Engineered Systems, Inc. Honeywell Adrian L. Merton, Inc. JCI Aire-Deb Corp. JD's Equipment Service LLC AirReps Johnson Controls Al Madison Kotra Alltec Controls, Inc. Lennox Industries, Inc. Avalon Contracting Inc. Lyra de Asis Big Ass Fans MacDonald-Miller BigRentz, Inc. Mechanical Service&Systems Inc. Carmichael Engineering Ltd Ohio Dept of Administrative Services Carrier Corporation Onvia, Inc. Cascade Hydro-Air PA Department of General Services ConstructConnect Performance Mechanical Group Construction Industry Center Plan Group Inc. Contractor Plan Center Prime Vendor Inc. 202 12,^Street NE • P.O. Box 219 • Staples, MN 56479 • www.njpacoop.org Cooling Solutions LLC Rink-Tec International, Inc. COSTARS Program RM Mechanical, Inc. Crozier Mechanical RoTOOL Manufacturing _ Culliton Siemens Building Technologies State of Washington -Department of Delta T Corporation Transportation Denko Mechanical Ltd. Superior Boiler Works and Welding Limited Eds Supply Co. Syncquip Envise Tri-Dim Filter Corporation eRepublic TRS Medical FL Research Tru Mechanical Flexim Americas Corporation United Rentals Gardner Company, Inc. Vancouver Regional Construction Association HBC Strategies, LLC Wittichen Supply Company Holmberg Company Proposals were opened on March 9,2017,at the NJPA offices located at 202 12th Street Northeast in Staples, Minnesota 56479,from the following: Carrier Corporation Delta T Corporation dba Big Ass Fans Johnson Controls, Inc. Lennox Industries Inc. Siemens Industry Inc. Proposals were reviewed by the Proposal Evaluation Committee: Jeremy Schwartz, NJ PA Director of Cooperative Contracts and Procurement/CPO Keith Hanson, CPA, NJPA Accounting Manager Paul Anderson, NJPA Business Development Administrator Ilissa Ramm,JD, NJPA Associate General Counsel Chris Robinson,JD, NJPA Lead Analyst The findings of the Proposal Evaluation Committee are summarized as follows: The Proposal Evaluation Committee used the established NJPA RFP evaluation criteria and determined that all proposal responses met Level-One and Level-Two Responsiveness and were evaluated. Carrier Corporation offers a complete solution for Member needs, including HVAC equipment, preventative maintenance, repair and replacement, installation,controls,and energy management services.Their sales and service force is extensive and is directly employed by Carrier Corporation.Their pricing proposal includes significant discounts on equipment and service agreements, and hourly service rates within the competitive range. Johnson Controls maintains 160 branch offices in the US and Canada,with over 4,500 service providers directly- employed. They design, install, maintain, and service HVAC, energy management, and controls systems to 202 120,Street NE • P.O. Box 219 • Staples, MN 56479 • www.njpacoop.org comprehensively serve member needs.Johnson Controls incorporates certified minority-owned suppliers,as well as small or disadvantaged businesses, into their projects,spending more than$1 billion annually with minority-and women-owned businesses.Their pricing reflects a substantial discount of local branch labor rates and list prices on the York line of chillers and air handling equipment,and competitive mark-up rates on non-Johnson Controls equipment. Siemens Industry provides service contracts, repair and maintenance, replacement, and renovation services of all HVAC equipment,without regard to equipment manufacturer.They also perform predictive services, utilizing a variety of analysis and testing methods,to identify potential problems prior to failure.With over 9,000 employees across 110 offices in the US and Canada,Siemens provides comprehensive coverage to serve members' needs.Their labor rates are divided into tiers based on geographic region, and are combined with pricing on materials and equipment based on a mark-up that falls within the competitive range. For these reasons,the NJPA Proposal Review Committee recommends award of NJPA Contract#030817 to: Carrier Corporation 030817-CAR Johnson Controls 030817-JHN Siemens Industry 030817-SIE The preceding recommendations were approved on May 2, 2017. er-1y Schwartz, A Director of Cooperative Contracts and Procurement/CPO / /// Keith on,CPA,Ac nting Manager Paul Anderson, NJPA Bus ess Development Administrator sihijA Ilissa Ramm,JD, NJPA Associate General Counsel � Chris Robinson,JD, Lead Analyst 202 12.Street NE • P.O. Box 219 • Staples, MN 56479 • www.njpacoop.org EXHIBIT B Carrier Commercial — Carrie� Service Carrier 5440 NW 33rd Ave, Suite 108 Rental Systems Fort Lauderdale, FL 33309 (954)315-5168 Carrier Carrier Commercial Service SOURCEWELL — Bipolar Ionization Installation Prepared For: TAMARAC The City For Your Life Luis Borgos Facility Management Supervisor 10101 State Street Cell: (954) 597-3729 Luis.Borgos@Tamarac.org Presented by: Scott McLennan,LEED AP&Robert Cox Carrier Corporation/Carrier Rentals Cell:(954)448-9775 E-Fax: (860)998-1014 scott.mclennan@carrier.utc.com http://www.commercial.carrier.com Date of Proposal:9/23/2020 PROPRIETARY and CONFIDENTIAL Healthy Buildings Program Presentation Project Summary We are pleased to provide this Healthy Buildings program initiative for the City of Tamarac facilities. The work presented here is to install Bipolar Ionization equipment in the existing HVAC equipment for the facilities listed below. Work will be completed during normal business hours with minimal disruption to building operation under Sourcewell pre-negotiated cooperative purchasing program terms and conditions. City of Tamarac Member ID #27525 Carrier Contract # 030817-CAR Sourcewell Pricing Program: Carrier has agreed to provide fixed equipment discounts off list price for equipment, fixed labor rates for Carrier Technicians, and fixed mark-ups for non- factory options, and warranty products. Equipment will be quoted and sold tax exempt for each site, and a separate quote for labor-based installation costs will be presented to install the Bi-Polar Ionization equipment. 4116 P�.1 IkA '4C Carver CONTROL SERVICES, INC. Healthy Buildings,Healthy People BiPolar Equipment (pinpoint, needlepoint or Carbon Fiber brush) • Low energy use • HVAC System and Occupied Space Treatment by Positive and Negative ions • Reduces most airborn bacteria, mold, viruses, spores and fungi via cell oxidation • Improves filtering efficiency of HVAC system via agglomeratin of particles • No maintenance or lamp replacement for needlepoint or carbon fiber style particle generators • No employee service dangers or hazardous chemicals • No harmful ozone production • One year standard part warranty Page 2 of 6 PROPRIETARY and CONFIDENTIAL Healthy Buildings Program Presentation Carrier Commercial Service installation provides: • Installation by Journeyman HVAC Technicians and Electricians as needed • Independent transformer to be installed for BAR and BARX models • Pre-installation detailed audit to customize products to equipment to speed installation • Tax Exempt purchase of equipment from OEM • Turnkey installation service @ stipulated negotiated rates • One-year labor warranty on installation and workmanship Site listing and project investments: Tamarac City Hall—7524 NW 88th Ave.,Tamarac FL 33321 Equipment $22,977.00 Installation $ 7,539.00 Tamarac Building Dept—6011 Nob Hill Road Equipment $ 6,253.00 Installation $ 4,913.00 Tamarac IT—10101 State Street Equipment $ 2,623.00 Installation $ 4,433.00 Tamarac Police Dept—7515 NW 88th Ave Equipment $ 9,435.00 Installation $ 4,822.00 Tamarac Fire Station 78—4801 W. Commercial Equipment $ 2,121.00 Installation $ 2,935.00 Tamarac Fire Station 15 &Administration Equipment $ 6,534.00 Installation $ 3,398.00 Tamarac Fire Station 41 Equipment $ 2,935.00 Installation $ 3,076.00 Tamarac Water Treatment Plant Equipment $ 2,191.00 Installation $ 2,141.00 Page 3 of 6 PROPRIETARY and CONFIDENTIAL Healthy Buildings Program Presentation Tamarac Multi-Purpose Bldg. —7531 N. University Drive Equipment $ 5,431.00 Installation $ 3,511.00 Tamarac Aquatic Complex—9300 NW 58th Street Equipment $ 5,144.00 Installation $ 3,511.00 Tamarac Community Center—8601 W. Commercial Blvd. Equipment $20,441.00 Installation $ 9,543.00 Tamarac Parks Administration —6001 Nob Hill Road (PSC) Equipment $ 5,990.00 Installation $ 3,418.00 EQUIPMENT TOTAL (must provide tax exemption certificate) $92,075.00 INSTALLATION TOTAL $53,240.00 Pre-Negotiated Sourcewell terms and conditions govern this agreement. Separate equipment and installation quotes are attached for execution. Sincerely, Scott McLennan Carrier Commercial Service Maintenance, Repairs, Modernization Scott.McLennan@Carrier.com CALL WITH QUESTIONS: (954) 448-9775 Page 4 of 6 PROPRIETARY and CONFIDENTIAL Healthy Buildings Program Presentation CARRIER CORPORATION TERMS AND CONDITIONS OF SALE 1.PAYMENT AND TAXES-Payment shall be made net 30 days from date of invoice.Carrier reserves the right to require cash payment or other alternative method of payment prior to shipment or completion of work if Carrier determines,in its sole discretion,that Customer or Customer's assignee's financial condition at any time does not justify continuance of the net 30 days payment term.In addition to the price,the Customer shall also pay Carrier any taxes or government charges arising from this Agreement.If the Customer claims that any such taxes or government charges do not apply to the transactions governed by this Agreement,Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. 2.EXTRAS-Equipment,parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer's written authorization and paid for as an extra and subject to the terms of this Agreement. 3.RETURNS-No items will be accepted for return without prior written authorization.Returned goods may be subject to a restocking charge.Special order and non-stock items cannot be returned. 4.SHIPMENT-All shipments shall be F.O.B.shipping point,freight prepaid and allowed to the job site.Shipment dates quoted are approximate.Carrier does not guarantee a particular date for shipment or delivery. 5.PARTIAL SHIPMENT-Carrier shall have the right to ship any portion of the equipment included in this Agreement and invoice Customer for such partial shipment. 6.DELAYS—Carrier shall not be liable for delays in manufacturing,shipping or delivery by causes beyond the control and without the fault or negligence of Carrier,including but not restricted to acts of God,acts of a public enemy,acts of government,acts of terrorism,fires,floods,epidemics,quarantine restrictions,freight embargoes,supplier delays,strikes,or labor difficulties(collectively"Force Majeure Events").Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay.In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event,Carrier shall be excused from furnishing such materials or equipment. 7.WARRANTY-Carrier warrants that all equipment manufactured by Carrier Corporation and all Carrier equipment,parts or components supplied hereunder will be free from defects in material and workmanship.Carrier shall at its option repair or replace,F.O.B.point of sale,any equipment,part or component sold by Carrier and determined to be defective within one(1)year from the date of initial operation or eighteen(18)months from date of shipment,whichever is earlier.Carrier does not warrant products not manufactured by Carrier Corporation,but it does pass on to Customer any transferrable manufacturer warranties for those products.Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner.In the event any such service is determined to be defective within ninety(90)days of completion of that service,Carrier shall at its option re-perform or issue a credit for such service,Carrier's obligation to repair or replace any defective equipment,parts or components during the warranty period shall be Customer's exclusive remedy.Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or components,for charges for transportation,handling and shipping or refrigerant loss,or for repairs or replacement of such equipment,parts or components, required as a consequence of faulty installation,misapplication,vandalism,abuse,exposure to chemicals,improper servicing,unauthorized alteration or improper operation by persons other than Carrier.THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES,EXPRESS,IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8.WORKING HOURS—All services performed under this Agreement including major repairs,are to be provided during Carrier's normal working hours unless otherwise agreed. 9.ADDITIONAL SERVICE-Services or parts requested by Customer in addition to those specified in this Agreement will be provided upon receipt of Customer's written authorization and invoiced at Carrier's prevailing labor rates and parts charges.Additional services or parts shall be supplied under the terms of this Agreement. 10.CUSTOMER RESPONSIBILITIES(Service Contracts only)—Customer shall: • Provide safe and reasonable equipment access and a safe work environment. • Permit access to Customer's site,and use of building services including but not limited to:water,elevators,receiving dock facilities,electrical service and local telephone service. • Keep areas adjacent to equipment free of extraneous material,move any stock,fixtures,walls or partitions that may be necessary to perform the specified service. • Promptly notify Carrier of any unusual operating conditions. • Upon agreement of a timely mutual schedule,allow Carrier to stop and start equipment necessary to perform service. • Provide adequate water treatment. • Provide the daily routine equipment operation(if not part of this Agreement)including availability of routine equipment log readings. • Where Carrier's remote monitoring service is provided,provide and maintain a telephone line with long distance direct dial and answer capability. • Operate the equipment properly and in accordance with instructions. • Promptly address any issues that arise related to mold,fungi,mildew or bacteria. • Identify and label any asbestos containing material that may be present.The customer will provide,in writing,prior to the start of ajob,a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment to be serviced is older than 1981.Should this document state that no asbestos is present,the customer will also provide in writing the method used to determine the absence of asbestos. 11.EXCLUSIONS—Carrier is not responsible for items not normally subject to mechanical maintenance including but not limited to:duct work,casings,cabinets,fixtures, structural supports,grillage,water piping,steam piping,drain piping,cooling tower fill,boiler tubes,boiler refractory,disconnect switches and circuit breakers.Carrier is not responsible for repairs,replacements,alterations,additions,adjustments,repairs by others,unscheduled calls or emergency calls,any of which may be necessitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to freezing weather, chemical/electrochemical attack,corrosion,erosion,deterioration due to unusual wear and tear,any damage related to the presence of mold,fungi,mildew,or bacteria, damage caused by power reductions or failures or any other cause beyond Carrier's control.Carrier shall not be required to perform tests,install any items of equipment or make modifications that may be recommended or directed by insurance companies,government,state,municipal or other authority.However,in the event any such recommendations occur,Carrier,at its option,may submit a proposal for Customer's consideration in addition to this Agreement.Carrier shall not be required to repair or replace equipment that has not been properly maintained. 12.EQUIPMENT CONDITION&RECOMMENDED SERVICE(Service Contracts only)—Upon the initial scheduled operating and/or initial annual stop inspection,should Carrier determine the need for repairs or replacement,Carrier will provide Customer in writing an'equipment condition'report including recommendations for corrections and the price for repairs in addition to this Agreement.In the event Carrier recommends certain services(that are not included here in or upon initial inspection)and if Customer does not elect to have such services properly performed in a timely fashion,Carrier shall not be responsible for any equipment or control failures,operability or any long- term damage that may result.Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability,without any responsibility,or remove such equipment from this Agreement,adjusting the price accordingly. 13.PROPRIETARY RIGHTS(Service Contracts only)-During the term of this Agreement and in combination with certain services,Carrier may elect to install,attach to Customer equipment,or provide portable devices(hardware and/or software)that shall remain the personal proprietary property of Carrier.No devices installed,attached to real property or portable device(s)shall become a fixture of the Customer locations.Customer shall not acquire any interest,title or equity in any hardware,software, processes,and other intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment. 14.WAIVER OF DAMAGES-Under no circumstances shall Carrier be liable for any incidental,special or consequential damages,including loss of revenue,loss of use of equipment or facilities,or economic damages based on strict liability or negligence. 15. LIMITATION OF LIABILITY-Carrier's maximum liability for any reason(except for personal injuries)arising from this Agreement shall not exceed the value of the Agreement. 16.CANCELLATION-Customer may cancel this Agreement only with Carrier's prior written consent,and upon payment of reasonable cancellation charges.Such charges shall take into account costs and expenses incurred,and purchases or contract commitments made by Carrier and all other losses due to the cancellation including a reasonable profit. Page 5 of 6 PROPRIETARY and CONFIDENTIAL Healthy Buildings Program Presentation 17.CUSTOMER TERMINATION FOR CARRIER NON-PERFORMANCE—Customer shall have the right to terminate this Agreement for Carrier's non-performance provided Carrier fails to cure such non-performance within 30 days after having been given prior written notice of the non-performance.Upon early termination or expiration of this Agreement,Carrier shall have free access to enter Customer locations to disconnect and remove any Carrier personal proprietary property or devices as well as remove any and all Carrier-owned parts,tools and personal property.Additionally,Customer agrees to pay Carrier for all incurred but unamortized service costs performed by Carrier including overheads and a reasonable profit. 18.CARRIER TERMINATION—Carrier reserves the right to discontinue its service any time payments have not been made as agreed or if alterations,additions or repairs are made to equipment during the term of this Agreement by others without prior agreement between Customer and Carrier. 19.CLAIMS-Any suits arising from the performance or nonperformance of this Agreement,whether based upon contract,negligence,and strict liability or otherwise,shall be brought within one(1)year from the date the claim arose. 20.GOVERNMENT PROCUREMENTS-The components,equipment and services provided by Carrier are"commercial items"as defined in Section 2.101 of the Federal Acquisition Regulations("FAR"),and the prices of such components,equipment and Equipment and/or Service 3 CCS-TCES 040215 services are based on Carrier's commercial pricing policies and practices(which do not consider any special requirements of U.S.Government cost principles,FAR Part 31, or any similar procurement regulations).As such,Carrier will not agree to provide or certify cost or pricing data,nor will Carrier agree to comply with the Cost Accounting Standards(CAS).In addition,no federal government procurement regulations,such as FARs or DFARs,shall apply to this Agreement except those regulations expressly accepted in writing by Carrier. 21.HAZARDOUS MATERIALS-Carrier is not responsible for the identification,detection,abatement,encapsulating or removal of asbestos,products or materials containing asbestos,similar hazardous substances,or mold,fungi,mildew,or bacteria.If Carrier encounters any asbestos or other hazardous material while performing this Agreement, Carrier may suspend its work and remove its employees from the project,until such material and any hazards associated with it are abated.The time for Carrier's performance shall be extended accordingly,and Carrier shall be compensated for the delay. 22.WASTE DISPOSAL-Customer is wholly responsible for the removal and proper disposal of waste oil,refrigerant and any other material generated during the term of this Agreement. 23.SUPERSEDURE,ASSIGNMENT and MODIFICATION-This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all previous or contemporaneous,oral or written,statements.Customer may assign this Agreement only with Carrier's prior written consent.No modification to this Agreement shall be binding unless in writing and signed by both parties. 24.CUSTOMER CONSENT-Customer consents and agrees that Carrier may,from time to time,publicize Carrier related projects with Customer,including the value of such projects,in all forms and media for advertising,trade,and any other lawful purposes. 25.FOR WORK BEING PERFORMEND IN CALIFORNIA:Contractors are required by law to be licensed and regulated by the Contractors'State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation.A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation.Any questions concerning a contractor may be referred to the Registrar,Contractors'State License Board,P.O.Box 26000,Sacramento,California 95826. Page 6 of 6 PROPRIETARY and CONFIDENTIAL Address 5440 NW 33rd Ave. Suite 108 C/� y.y., Fort Lauderdale FL 33309 arrier! i e Phone (954)448-9775 Fax (860)998-1014 E-mail scott.mclennan@carrier.com Contact Name Luis Borgos Account CITY OF TAMARAC Phone (954)597-3729 Site Address 10101 State St Estimate Date 09/23/2020 Tamarac,FL,33321-6428 Quote Number 00554977 Job Description Installation of Bipolar Ionization Equipment(sold separately) Scope of Work Provide Carrier Journeymen and electricians as required to install bipolar ionization equipment(sold separately)in the City of Tamarac Facilities as per attached site break-out. Work will occur during normal working hours with limited disruption to equipment cooling operation. Installation will include one-year parts and labor warranty on equipment and workmanship. Exclusions/Clarifications This quote does not include the waste disposal and labor performed outside normal business hours unless otherwise noted.In addition,the quoted price does not include any sales,excise,or similar taxes,any that apply will be added at cost. All BAR and BAR-X products installed will have a separate power transformer provided independent of existing HVAC control power source. Total Quoted Price Total Price for Scope of Work excluding applicable taxes: $53,240.00 This proposal is valid for 30 days from the date of proposal.Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase,Order,Contract,Agreement,etc.Carrier would like to thank you for the continuing opportunity to be of service. Sincerely, Scott McLennan Carrier Commercial Service Title Customer Acceptance(signature) Date Purchase Order The attached Terms&Conditions shall govern. Quote#00554977 1 CARRIER CORPORATION TERMS AND CONDITIONS OF SALE—EQUIPMENT AND/OR SERVICE 1. PAYMENT AND TAXES-Payment shall be made net 30 days refrigerant loss,or for repairs or replacement of such equipment,parts from date of invoice.Carrier reserves the right to require cash payment or components, required as a consequence of faulty installation, or other alternative method of payment prior to shipment or completion misapplication, vandalism, abuse, exposure to chemicals, improper of work if Carrier determines,in its sole discretion,that Customer or servicing, unauthorized alteration or improper operation by persons Customer's assignee's fmancial condition at any time does not justify other than Carrier.THIS WARRANTY IS GIVEN IN LIEU OF ALL continuance of the net 30 days payment term. In addition to the price, OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY Customer shall pay Carrier any taxes or government charges arising INCLUDING THE IMPLIED WARRANTIES OF from this Agreement. If Customer claims that any such taxes or MERCHANTABILITY AND FITNESS FOR A PARTICULAR government charges do not apply to the transactions governed by this PURPOSE. Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due 8. WORKING HOURS - All services performed under this invoices will accrue interest at the lesser of 1% per month or the Agreement, including but not limited to, major repairs, are to be maximum amount allowable by law. provided during Carrier's normal working hours unless otherwise agreed. 2.EXTRAS-Equipment,parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer's written 9.CUSTOMER RESPONSIBILITIES(Service Contracts only)- authorization, paid for as an extra at Carrier's prevailing labor rates Customer shall: and equipment/parts charges, and subject to the terms of this Agreement. • Provide safe and reasonable equipment access and a safe work environment. 3. RETURNS -No items will be accepted for return without prior • Permit access to Customer's site, and use of building written authorization. Returned goods may be subject to a restocking services including but not limited to: water, elevators, charge. Special order and non-stock items cannot be returned. receiving dock facilities, electrical service and local telephone service. 4.SHIPMENT-All shipments shall be F.O.B.shipping point,freight • Keep areas adjacent to equipment free of extraneous prepaid and allowed to the job site. Shipment dates quoted are material, move any stock, fixtures, walls or partitions that approximate. Carrier does not guarantee a particular date for shipment may be necessary to perform the specified service. or delivery. • Promptly notify Carrier of any unusual operating conditions. • Upon agreement of a timely mutual schedule,allow Carrier 5.PARTIAL SHIPMENT-Carrier shall have the right to ship any to stop and start equipment necessary to perform service. portion of the equipment, goods or other materials included in this • Provide adequate water treatment. Agreement and invoice Customer for such partial shipment. • Provide the daily routine equipment operation(if not part of 6.DELAYS-Carrier shall not be liable for delays in manufacturing, this Agreement)including availability of routine equipment shipping or delivery by causes beyond the control and without the fault log readings. or negligence of Carrier, including but not restricted to acts of God • Where Carrier's remote monitoring service is provided, acts of a public enemy, acts of government, acts of terrorism, fires, provide and maintain a telephone line with long distance floods,epidemics,quarantine restrictions,freight embargoes,supplier direct dial and answer capability. delays, strikes, or labor difficulties (collectively "Force Majeure • Operate the equipment properly and in accordance with Events"). Carrier agrees to notify Customer in writing as soon as instructions. practicable of the causes of such delay. In the event that any materials • Promptly address any issues that arise related to mold,fungi, or equipment to be provided by Carrier under this Agreement become mildew or bacteria. permanently unavailable as a result of a Force Majeure Event,Carrier • Identify and label any asbestos containing material that may shall be excused from furnishing such materials or equipment. be present. The customer will provide, in writing,prior to the start of a job, a signed statement regarding the absence 7.WARRANTY-Carrier warrants that all equipment manufactured or presence of asbestos for any job where the building or the by Carrier Corporation and all Carrier equipment,parts or components equipment to be serviced is older than 1981. Should this supplied hereunder will be free from defects in material and document state that no asbestos is present,the customer will workmanship. Carrier shall at its option repair or replace,F.O.B.point also provide in writing the method used to determine the of sale, any equipment, part or component sold by Carrier and absence of asbestos. determined to be defective within one(1)year from the date of initial operation or eighteen(18)months from date of shipment,whichever is 10.EXCLUSIONS-Carrier is not responsible for items not normally earlier. Carrier does not warrant products not manufactured by Carrier subject to mechanical maintenance including but not limited to: duct Corporation, but it does pass on to Customer any transferrable work, casings, cabinets, fixtures, structural supports, grillage, water manufacturer warranties for those products. Carrier warrants that all piping, steam piping, drain piping, cooling tower fill, boiler tubes, service provided by Carrier hereunder shall be performed in a boiler refractory,disconnect switches and circuit breakers. Carrier is workmanlike manner. In the event any such service is determined to not responsible for repairs, replacements, alterations, additions, be defective within ninety (90) days of completion of that service, adjustments,repairs by others,unscheduled calls or emergency calls, Carrier shall at its option re-perform or issue a credit for such service. any of which may be necessitated by negligent operation, abuse, Carrier's obligation to repair or replace any defective equipment,parts misuse, prior improper maintenance, vandalism, obsolescence, or components during the warranty period shall be Customer's building system design, damage due to freezing weather, exclusive remedy. Carrier shall not be responsible for labor charges chemical/electrochemical attack,corrosion,erosion,deterioration due for removal or reinstallation of defective equipment, parts or to unusual wear and tear,any damage related to the presence of mold, components, for charges for transportation,handling and shipping or fungi, mildew, or bacteria, damage caused by power reductions or Terms and Conditions of Sale—Equipment and/or Service 120519 Carrier Corporation 2 failures or any other cause beyond Carrier's control.Carrier shall not be required to perform tests,install any items of equipment or make 15.DATA DELIVERY-During the term of the Agreement Customer modifications that may be recommended or directed by insurance shall(i)make reasonable efforts to ensure that the hardware remains companies,government,state,municipal or other authority. However, powered on,(ii)avoid intentional action to impede,block or throttle in the event any such recommendations occur, Carrier, at its option, collection and transmission of Source Data by Carrier,and(iii)avoid may submit a proposal for Customer's consideration in addition to this intentional action to disable,turn off,or remove the hardware without Agreement. Carrier shall not be required to repair or replace Carrier's express written consent, which consent shall not be equipment that has not been properly maintained. unreasonably withheld. 11.EQUIPMENT CONDITION&RECOMMENDED SERVICE 16. REVERSE ENGINEERING - Customer shall not extract, (Service Contracts only)-Upon the initial scheduled operating and/or decompile or reverse engineer any software included with, initial annual stop inspection, should Carrier determine the need for incorporated in, or otherwise associated with the hardware and shall repairs or replacement, Carrier will provide Customer in writing an not reverse engineer any reports or analytics provided to or received `equipment condition' report including recommendations for by Customer from Carrier. corrections and the price for repairs in addition to this Agreement.In the event Carrier recommends certain services(that are not included 17.WAIVER OF DAMAGES-Under no circumstances shall Carrier herein or upon initial inspection)and if Customer does not elect to have be liable for any incidental, special or consequential damages, such services properly performed in a timely fashion,Carrier shall not including loss of revenue, loss of use of equipment or facilities, or be responsible for any equipment or control failures,operability or any economic damages based on strict liability or negligence. long-term damage that may result. Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability, 18.LIMITATION OF LIABILITY-Carrier's maximum liability for without any responsibility, or remove such equipment from this any reason(except for personal injuries)arising from this Agreement Agreement,adjusting the price accordingly. shall not exceed the value of the payments received by Carrier under this Agreement. 12. PROPRIETARY RIGHTS (Service Contracts only) -During the term of this Agreement and in combination with certain services, 19.CANCELLATION-Customer may cancel this Agreement only Carrier may elect to install,attach to Customer equipment,or provide with Carrier's prior written consent,and upon payment of reasonable portable devices (hardware and/or software) that shall remain the cancellation charges. Such charges shall take into account costs and personal proprietary property of Carrier. No devices installed, expenses incurred, and purchases or contract commitments made by attached to real property or portable device(s)shall become a fixture Carrier and all other losses due to the cancellation including a of the Customer locations. Customer shall not acquire any interest, reasonable profit. title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices that are used in connection 20. CUSTOMER TERMINATION FOR CARRIER NON- with providing service on Customer equipment. PERFORMANCE-Customer shall have the right to terminate this Agreement for Carrier's non-performance provided Carrier fails to 13. DATA RIGHTS (Service Contracts only) - Customer hereby cure such non-performance within thirty(30)days after having been grants and agrees to grant to Carrier a worldwide,non-exclusive,non- given prior written notice of the non-performance. Upon early terminable,irrevocable,perpetual,paid-up,royalty free license to any termination or expiration of this Agreement, Carrier shall have free Source Data,with the right to sub-license to its affiliates and suppliers access to enter Customer locations to disconnect and remove any for(i)Carrier's performance of services pursuant to this Agreement, Carrier personal proprietary property or devices as well as remove any (ii) the improvement of Carrier services, and Carrier's Analytics and all Carrier-owned parts,tools and personal property. Additionally, Platform; (iii)improving product performance, operation, reliability, Customer agrees to pay Carrier for all incurred but unamortized service and maintainability;(iv)to create,compile,and/or use datasets and/or costs performed by Carrier including overheads and a reasonable statistics for the purposes of benchmarking, development of best profit practices,product improvement;(v)the provision of services to third parties,(vi)research,statistical,and marketing purposes, and/or(vii) 21. CARRIER TERMINATION - Carrier reserves the right to in support of Carrier agreements. discontinue its service any time payments have not been made as agreed or if alterations, additions or repairs are made to equipment Source Data-shall mean data that is produced directly from a system, during the term of this Agreement by others without prior agreement or device and received at a collection point or a central server(e.g.a between Customer and Carrier. Carrier database,data lake,or third party cloud service). 22. CLAIMS - Any lawsuits arising from the performance or Analytics Platform-shall mean server algorithms or web interface nonperformance of this Agreement, whether based upon contract, systems used to(i)interpret,convert,manipulate,or calculate data,(ii) negligence,strict liability or otherwise,shall be brought within one(1) perform data processing, and/or (iii)the delivery of data to Carrier, year from the date the claim arose. affiliates or suppliers of Carrier,and/or Customer. 23. GOVERNMENT PROCUREMENTS - The components, 14. RETURN OF DATA (Service Contracts only) - Customer equipment and services provided by Carrier are"commercial items"as understands and acknowledges that the portable devices will collect defined in Section 2.101 of the Federal Acquisition Regulations Source Data that will be stored on and/or transmitted to Carrier's ("FAR"),and the prices of such components,equipment and services servers and to suppliers or affiliates that are contracted by Carrier and are based on Carrier's commercial pricing policies and practices used to transmit, process, extract or store such Source Data for (which do not consider any special requirements of U.S.Government purposes of Carrier's performance of the service in accordance with cost principles,FAR Part 31,or any similar procurement regulations). this Agreement. Once such data and information has been stored As such,Carrier will not agree to provide or certify cost or pricing data, and/or transmitted to Carrier's servers,Customer agrees that such data nor will Carrier agree to comply with the Cost Accounting Standards and information shall become part of Carrier's database and therefore (CAS). In addition,no government procurement regulations,such as subject to the license terms under section 13. Terms and Conditions of Sale—Equipment and/or Service 120519 Carrier Corporation 3 FARs or DFARs, shall apply to this Agreement except those 27. CUSTOMER CONSENT - Customer consents and agrees that regulations expressly accepted in writing by Carrier. Carrier may,from time to time,publicize Carrier related projects with Customer,including the value of such projects,in all forms and media 24.HAZARDOUS MATERIALS-Carrier is not responsible for the for advertising,trade,and any other lawful purposes. identification, detection, abatement, encapsulating or removal of asbestos,products or materials containing asbestos,similar hazardous 28. FOR WORK BEING PERFORMED IN CALIFORNIA - substances,or mold,fungi,mildew,or bacteria. If Carrier encounters Contractors are required by law to be licensed and regulated by the any asbestos or other hazardous material while performing this Contractors'State License Board which has jurisdiction to investigate Agreement, Carrier may suspend its work and remove its employees complaints against contractors if a complaint regarding a patent act or from the project,until such material and any hazards associated with it omission is filed within four years of the date of the alleged violation. are abated. The time for Carrier's performance shall be extended A complaint regarding a latent act or omission pertaining to structural accordingly,and Carrier shall be compensated for the delay. defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to 25. WASTE DISPOSAL - Customer is wholly responsible for the the Registrar, Contractors' State License Board, P.O. Box 26000, removal and proper disposal of waste oil, refrigerant and any other Sacramento,California 95826. material generated during the term of this Agreement. 29.INTELLECTUAL PROPERTY-Notwithstanding anything to 26. SUPERSEDURE, ASSIGNMENT and MODIFICATION - the contrary stated herein,Carrier retains ownership of its intellectual This Agreement contains the complete and exclusive statement of the property and no license to Carrier's intellectual property is granted agreement between the parties and supersedes all previous or except as necessary for Customer to use any deliverables and/or contemporaneous,oral or written, statements. Customer may assign services provided hereunder. this Agreement only with Carrier's prior written consent. No modification to this Agreement shall be binding unless in writing and 30.DATA PRIVACY-Carrier processes personal data in accordance signed by both parties. Orders shall be binding upon Carrier when with its privacy notice at Carrier.com. Each party will comply with accepted in writing by an authorized representative of Carrier. applicable data privacy laws governing personal information collected CARRIER'S ACCEPTANCE OF CUSTOMER'S ORDER IS and processed under this Agreement, including the California CONDITIONED UPON CUSTOMER'S ACCEPTANCE OF THE Consumer Privacy Act and the European General Data Protection TERMS AND CONDITIONS SET FORTH HEREIN (THIS Regulation, and take all reasonable commercial and legal steps to "AGREEMENT") AND CUSTOMER'S AGREEMENT TO BE protect personal data. If Customer provides Carrier with personal data, BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS Customer will ensure that it has the legal right to do so, including AGREEMENT AND ALL REFERENCED ATTACHMENTS notifying the individuals whose personal data it provides to Carrier. CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER Neither party receives personal data under this Agreement for AND CUSTOMER,AND NO AMENDMENT OR MODIFICATION monetary or other valuable consideration. SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE 31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS- FAILURE OF CARRIER TO OBJECT TO PROVISIONS The nature and extent of factory acceptance tests or factory CONTAINED IN ANY PURCHASE ORDER OR OTHER inspections, including without limitation,the number and identity of DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS participants, locations visited, and activities undertaken, shall be A WAIVER BY CARRIER OF THE TERMS IN THIS limited to activities directly related to the performance of this AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER'S Agreement. The tests or inspections will be subject to mutual PROVISIONS. ANY CONFLICTING OR ADDITIONAL agreement of the parties, Carrier policy and internal pre-approval TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A requirements,and strictly comply with Customer's policies as well as PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT all applicable laws and regulations including, without limitation, all BE BINDING UPON CARRIER, AND CARRIER HEREBY applicable laws and regulations prohibiting corruption. EXPRESSLY OBJECTS THERETO. Terms and Conditions of Sale—Equipment and/or Service 120519 Carrier Corporation 4 Plasma BAR IONIZATION PRODUCT SUBMITTAL The Plasma BAR is a needlepoint type bipolar ionizer arranged in a long, narrow bar design.The unit is installed (R1` r at the air entering side of the cooling coil of an air handling "J unit(AHU) or roof top unit(RTU).The installer mounts • ;_= '{ the Plasma BAR using the provided brackets insuring that �- the ionization needles are pointed down to avoid debris f`�` accumulating on the needles. The 96" long BAR can treat �/� r up to 20,000 CFM. For higher airflows, multiple BARS will z be used.The BAR operates on 12V DC which is supplied from the Control Panel using the provided low voltage . power cable.The Control Panel is capable of accepting 24V AC or I2V DC. For 120V/230V applications,a I2V DC power supply will be provided. SPECIFICATIONS: CONTROL PANEL (CP): Housing Material: 18 Gauge Galvanized Steel Dimensions 6 5" (I) x 6.5" (w) x 3.5" (d) Maximum Operating Temperature. 200°F(93°C) Direct Input Voltage I 2V DC or 24V AC Mode of Operation: Needlepoint type Input Voltage requiring power supply 120/230V AC Needle Configuration: Recessed Frequency 50/60 Hz Mounting: Top angle brackets Over-current Protection Automatic Reset 1 Amp fuse Pressure Drop- <0.05"W.G. Length of wiring harness from CP to BAR 20'-0" Dimensions. See Figure I Interconnecting Voltage to BAR I2V DC Approvals- Intertek/ETL Standard UL867 Environmental Service Indoor only PLASMA BAR MODEL#PB-XXX 018 024 030 I 036 042 048 054 AIRFLOW TREATED(CFM) 3,750 5,000 6,250 7,500 8,750 10,000 11,250 LENGTH OF PLASMA BAR(inches) 18 24 30 36 42 48 54 QUANTITY OF IONIZERS ON BAR 3 4 5 6 7 8 9 ELECTRICAL CURRENT DRAW(mA) ! 90 120 150 180 210 240 270 POWER CONSUMPTION (VA) 2.2 2.9 3.6 4.3 5.0 5.8 6.5 WEIGHT(LBS) 1.1 1.5 1.9 2.3 2.6 3.0 3.4 PLASMA BAR MODEL#PB-XXX 060 066 072 078 084 090 096 AIRFLOW TREATED(CFM) 12,500 13,750 15,000 16,250 17,500 18,750 20,000 LENGTH OF PLASMA BAR(inches) 60 24 72 78 84 90 96 QUANTITY OF IONIZERS ON BAR 10 I I 12 13 14 15 16 ELECTRICAL CURRENT DRAW(mA) 300 1 330 360 1 390 420 450 480 POWER CONSUMPTION (VA) 7.2 7.9 8.6 I 9.4 1 10.1 10.8 11.5 WEIGHT(LBS) 3.8 1 4.1 i 4.5 4.9 1 5.3 5.6 1 6.0 CONTROL PANEL PLASMA BAR DIMENSIONS 24 V AC 0 O LENGTH C E see POWER INPUT chart above I2V DC POWER I= Dnn 3 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 4.pssi% INPUT JACK FROM H m 120V/230V g R.- I2V DC WIRE HARNESS(20'-0") 1 3 5 I ! ; POWER SUPPLY 3 CONTROL PANEL 5O FROM CONTROL PANEL TO BAR r=� Z<S FOR PLASMA BAR �Z O OURION GENERATOR O) DRY CONTACTS RERIAlNO. rc� FOR QUANTITY OF IONIZERS 0.5" I I EE FOR BAS Z Qo SEE CHART ABOVE � SIDE VIEW ` ��us MONITORING - INDICATES = °'^ CONTROL PANEL SIDE VIEW 0 ACTUAL IONIZER - 6'A IONIZATION POWERN FUNCTIONALITY- �; INDICATOR ON OFF I 1-3.5" m 0 ' ".." 0 s LED-# t ON/OFF SWITCH 1' 6.5"--.1 °° Q 0 N la s m a Ai r PLASMA AIR 35 MELROSE PLACE,STAMFORD,CT 06902 phone 203-662-0800 fax 203-662-0808 www.plasma-air.com info@plasma-air.com O PA-COM-US-SUB-004 PlasmaPURE 600 IONIZATION PRODUCT SUBMITTAL The PlasmaPURE 600 ionizers produce positive and negative oxygen ions neutralizing harmful pollutants and odors in the r. II, - home.This self balancing unit is highly versatile as it may be �_... gi �ie installed at the fan inlet of an air handling unit,furnace or in �.. the air stream of a ductless split system with screws or prasmaPUR . 9 z`wwwprasm0.01 ,. 0 magnet. Models available for I2VDC, 24VAC, 120VAC and Mtta ile si, 208-240VAC without the use of an external power supply. serta0so07 cs The unit is protected with an in-line 500mA glass cartridge fuse. Each ionization unit is rated up to 6 tons (2,400 CFM). SPECIFICATIONS: DIMENSIONS: See Figure I Airflow Capacity: 2,400 CFM APPROVALS: Intertek/ETL Standard UL 867 Pressure Drop: Less than 0.01 In. WG Housing Material: ABS ORDERING NOMENCLATURE: Weight: 0 2 lbs Maximum Operating Temperature: 200° F(93°C) 600 Electrical: I = I2V DC Voltage Input 12V DC (601) 2 = 24V AC 24V AC(602) 3 = I20V AC I20V AC(603) 4= 208-240V AC 208-240V AC (604) Power Consumption: Less than I watt ►0= Placeholder Frequency 50/60 hertz ► PlasmaPURE 600 Series Over Current Protection:500mA Glass Cartridge Fuse Lead Wires 50"(L) Ionization Output: Mode of Operation• Needlepoint Type Needle Configuration. Brush Type FIGURE I MOUNTING IONIZATION BRUSHES MOUNTING DIMENSIONS NOT TO SCALE TAB rMOUNTING TAB \` i MAGNET � p n\ •• p T s `3/16" O LED \ cc INDICATOR cc LIGHT v 31/8" TOP VIEW -LED LED LEAD IONIZATION INDICATOR INDICATOR WIRES-\ f BRUSH LIGHT LIGHT LEAD - WIRES , IONIZATION ABS POTTED BOX BRUSH(TYP.) 04„4' MOUNTING WITH TABS AND TAB MOUNTING HOLESMO 0.20"DIA T[ l / UNTING TAB ID 11/4" ® 5 8„ MOUNTING us - MAGNET a)2 4" I I E FRONT VIEW SIDE VIEW a 0. P la s m a Ai r I phone 203-662-0800 fax PLASMA203-662-0 AIR8 35 MELROSE PLACE,STAMFORD, CT 06902 N 08 www.plasrna-air.com info@plasma-air.com © PA-RES-US-SUB-002 PURE-PLASMA - PLASMA BAR-X IONIZATION PRODUCT SUBMITTAL APPLICATION The Plasma BAR-X is a needlepoint type bipolar ionizer �, arranged in a long narrow design and produces 35 mil- lion positive and negative ions per cubic centimeter when tested at 1" from the bar. The ionizer is installed on the entering side of the cooling coil of an air handling unit -- f r •. (AHU) or roof top unit (RTU). The installer mounts the • r%� , Plasma BAR-X using two (2)#8 sliding mounting studs in '': a slotted channel insuring that the ionization needles are • `' _ , pointed down to avoid debris accumulation. The included power supply can accept 115 or 230V AC selectable, 50/60Hz, single phase. Electrical approvals: cULus, CE. SPECIFICATIONS Dimensions* See Figure 1 Input Voltage. 115V Standard/230V available Length: 3"to 144",standard lengths below Input Current* 0 5A(115V),0.25A(230V) Ionizing Point Spacing: 0 75"on center Operating Current* 5 mA Finish. Brushed Aluminum Power Supply:.One per AHU/Up to(2)Bars/Power Supply Needles: 316 Stainless Steel Power Wiring Conduit. 1/4"Liquid tight Ion Output +35 million ions/cc @ 1" Mounting. Two(2)#8 sliding mounting studs PLASMA AIR MODEL#PBX-XXX 018 024 030 036 042 048 054 060 066 AIRFLOW TREATED(CFM) 3,750 5,000 6,250 7,500 8,750 10,000 11,250 12,500 13,750 LENGTH OF PLASMA BAR-X(inches) 18 24 30 36 42 48 54 60 66 WEIGHT(LBS) 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5 PLASMA AIR MODEL#PBX-XXX 072 078 084 090 096 108 120 132 144 AIRFLOW TREATED(CFM) 15,000 16,250 17,500 18,750 20,000 22,500 25,000 27,500 30,000 LENGTH OF PLASMA BAR-X(inches) 72 78 84 90 96 108 120 132 144 WEIGHT(LBS) 6.0 6.5 7.0 7.5 8.0 9.0 10.0 11.0 12.0 Figure 1 L 2 3/4 - f— 1 7/8 � 5/16 WIDE SLOT TYP 2 PLACES 1 3/8 01/4 TYP 05/16 TYP 4 HOLES ' 15/16 4 HOLES PLASMA 0.875 05 + '[- I \ 5/16 CERTIFICATIONS: I - C E �0us 0.75 7 111 1 / r w ; AC Prow p.OR I= O. N� 9�f6W ilin01IBINUMENBBEFCRWNOKIICl0K AW R #8 Adjustable mounting stud CAUTION:Fm<olnlsti,nsu,dd.,,d probationaqalost c u'w Fu'sanrokt50 Y.4.SA typos"'"" 0.75 C/C 0 StaO,cm for�'g ,io -sMr...»I IPm.LLC IYI�i.NY�w�iar 5 3/4 c C E 5 1/8 1 : — —o-- - -e _0 6 _ _ G- 075 rrgr�r ks ,s,l a,-k.Y oDANGER!High Soft Shock Hazara. YYasiST it �I&s76A,18�!'s:`y� IOVERALL LENGTH I Highle-• r.... H AGIt� pUT Wo OUT — — - PLASMA BAR-X DIMENSIONS tI I Not to Scale -- 1 15/16--el 4 - I PURE AIR CONTROL SERVICES.I N C. 1-800-422-7873 • PureAirControls.com - 4911 Creekside Dr.,Suite C,Clearwater,FL 33760 Address 5440 NW 33rd Ave. Suite 108 Fort Lauderdale FL 33309 Carrier Phone (954)448-9775 Fax (860)998-1014 E-mail scott.mclennan@carrier.com Contact Name Luis Borgos Account CITY OF TAMARAC Phone (954)597-3729 Site Address 10101 State St Estimate Date 09/23/2020 Tamarac,FL,33321-6428 Quote Number 00554970 Job Description M-Bipolar Ionization Equipment for Tamarac Buildings Scope of Work Bipolar Ionization equipment for selected Tamarac City facilities. Materials sold separately under terms of Sourcewell Master Agreement. Installation sold separately. Exclusions/Clarifications This quote does not include the waste disposal and labor performed outside normal business hours unless otherwise noted.In addition,the quoted price does not include any sales,excise,or similar taxes,any that apply will be added at cost. City must provide Sales Tax Exemption Certificate to Carrier to avoid having to pay Sales or Use tax on materials sold under this Sourcewell Agreement. Total Quoted Price Total Price for Scope of Work excluding applicable taxes: $92,075.00 This proposal is valid for 30 days from the date of proposal.Carrier's terms and conditions will govern in lieu of any other terms and conditions contained in any resulting Purchase,Order,Contract,Agreement,etc.Carrier would like to thank you for the continuing opportunity to be of service. Sincerely, Scott McLennan Carrier Commercial Service Title Customer Acceptance(signature) Date Purchase Order The attached Terms&Conditions shall govern. Quote#00554970 1 CARRIER CORPORATION TERMS AND CONDITIONS OF SALE—EQUIPMENT AND/OR SERVICE 1.PAYMENT AND TAXES-Payment shall be made net 30 days refrigerant loss,or for repairs or replacement of such equipment,parts from date of invoice.Carrier reserves the right to require cash payment or components, required as a consequence of faulty installation, or other alternative method of payment prior to shipment or completion misapplication, vandalism, abuse, exposure to chemicals, improper of work if Carrier determines,in its sole discretion,that Customer or servicing, unauthorized alteration or improper operation by persons Customer's assignee's financial condition at any time does not justify other than Carrier.THIS WARRANTY IS GIVEN IN LIEU OF ALL continuance of the net 30 days payment term. In addition to the price, OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY Customer shall pay Carrier any taxes or government charges arising INCLUDING THE IMPLIED WARRANTIES OF from this Agreement. If Customer claims that any such taxes or MERCHANTABILITY AND FITNESS FOR A PARTICULAR government charges do not apply to the transactions governed by this PURPOSE. Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due 8. WORKING HOURS - All services performed under this invoices will accrue interest at the lesser of 1% per month or the Agreement, including but not limited to, major repairs, are to be maximum amount allowable by law. provided during Carrier's normal working hours unless otherwise agreed. 2.EXTRAS-Equipment,parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer's written 9.CUSTOMER RESPONSIBILITIES(Service Contracts only)- authorization, paid for as an extra at Carrier's prevailing labor rates Customer shall: and equipment/parts charges, and subject to the terms of this Agreement. • Provide safe and reasonable equipment access and a safe work environment. 3. RETURNS -No items will be accepted for return without prior • Permit access to Customer's site, and use of building written authorization. Returned goods may be subject to a restocking services including but not limited to: water, elevators, charge. Special order and non-stock items cannot be returned. receiving dock facilities, electrical service and local telephone service. 4.SHIPMENT-All shipments shall be F.O.B.shipping point,freight • Keep areas adjacent to equipment free of extraneous prepaid and allowed to the job site. Shipment dates quoted are material, move any stock, fixtures, walls or partitions that approximate. Carrier does not guarantee a particular date for shipment may be necessary to perform the specified service. or delivery. • Promptly notify Carrier of any unusual operating conditions. • Upon agreement of a timely mutual schedule,allow Carrier 5.PARTIAL SHIPMENT-Carrier shall have the right to ship any to stop and start equipment necessary to perform service. portion of the equipment, goods or other materials included in this • Provide adequate water treatment. Agreement and invoice Customer for such partial shipment. • operation(if not part of Provide the dailyroutine equipment ment p q this Agreement)including availability of routine equipment 6.DELAYS-Carrier shall not be liable for delays in manufacturing, log readings. shipping or delivery by causes beyond the control and without the fault • Where Carrier's remote monitoring service is provided, or negligence of Carrier,including but not restricted to acts of God, provide and maintain a telephone line with long distance acts of a public enemy, acts of government, acts of terrorism, fires, direct dial and answer capability. floods,epidemics,quarantine restrictions,freight embargoes,supplier • Operate the equipment properly and in accordance with delays, strikes, or labor difficulties (collectively "Force Majeure instructions. Events"). Carrier agrees to notify Customer in writing as soon as addre ss ess • Promptlyany issues that arise related to mold,fungi, m practicable of the causes of such delay. In the event that any materialsildew or bacteria.ess or equipment to be provided by Carrier under this Agreement become • Identify and label any asbestos containing material that may permanently unavailable as a result of a Force Majeure Event,Carrierbe present. The customer will provide,in writing,prior to shall be excused from furnishing such materials or equipment. the start of a job, a signed statement regarding the absence 7.WARRANTY-Carrier warrants that all equipment manufactured or presence of asbestos for any job where the building or the by Carrier Corporation and all Carrier equipment,parts or components equipment to be serviced is older than 1981. Should this supplied hereunder will be free from defects in material and document state that no asbestos is present,the customer will workmanship. Carrier shall at its option repair or replace,F.O.B.point also provide in writing the method used to determine the of sale, any equipment, part or component sold by Carrier and absence of asbestos. determined to be defective within one(1)year from the date of initial 10.EXCLUSIONS-Carrier is not responsible for items not normally operation or eighteen(18)months from date of shipment,whichever is earlier. Carrier does not warrant products not manufactured by Carrier subject to mechanical maintenance including but not limited to: duct Corporation, but it does pass on to Customer any transferrable work, casings, cabinets, fixtures, structural supports, grillage, water manufacturer warranties for those products. Carrier warrants that all piping, steam piping, drain piping, cooling tower fill, boiler tubes, service provided by Carrier hereunder shall be performed in a boiler refractory,disconnect switches and circuit breakers. Carrier is workmanlike manner. In the event any such service is determined to not responsible for repairs, replacements, alterations, additions, be defective within ninety (90) days of completion of that service, adjustments,repairs by others,unscheduled calls or emergency calls, Carrier shall at its option re-perform or issue a credit for such service. any of which may be necessitated by negligent operation, abuse, Carrier's obligation to repair or replace any defective equipment,parts misuse, prior improper maintenance, vandalism, obsolescence, or components during the warranty period shall be Customer's building system design, damage due to freezing weather, exclusive remedy. Carrier shall not be responsible for labor charges chemical/electrochemical attack,corrosion,erosion,deterioration due for removal or reinstallation of defective equipment, parts or to unusual wear and tear,any damage related to the presence of mold, components, for charges for transportation,handling and shipping or fungi, mildew, or bacteria damage caused by power reductions or Terms and Conditions of Sale—Equipment and/or Service 120519 Carrier Corporation 2 failures or any other cause beyond Carrier's control.Carrier shall not be required to perform tests, install any items of equipment or make 15.DATA DELIVERY-During the term of the Agreement Customer modifications that may be recommended or directed by insurance shall(i)make reasonable efforts to ensure that the hardware remains companies,government,state,municipal or other authority. However, powered on, (ii)avoid intentional action to impede,block or throttle in the event any such recommendations occur, Carrier, at its option, collection and transmission of Source Data by Carrier,and(iii)avoid may submit a proposal for Customer's consideration in addition to this intentional action to disable,turn off,or remove the hardware without Agreement. Carrier shall not be required to repair or replace Carrier's express written consent, which consent shall not be equipment that has not been properly maintained. unreasonably withheld. 11.EQUIPMENT CONDITION&RECOMMENDED SERVICE 16. REVERSE ENGINEERING - Customer shall not extract, (Service Contracts only)-Upon the initial scheduled operating and/or decompile or reverse engineer any software included with, initial annual stop inspection, should Carrier determine the need for incorporated in,or otherwise associated with the hardware and shall repairs or replacement, Carrier will provide Customer in writing an not reverse engineer any reports or analytics provided to or received `equipment condition' report including recommendations for by Customer from Carrier. corrections and the price for repairs in addition to this Agreement.In the event Carrier recommends certain services(that are not included 17.WAIVER OF DAMAGES-Under no circumstances shall Carrier herein or upon initial inspection)and if Customer does not elect to have be liable for any incidental, special or consequential damages, such services properly performed in a timely fashion,Carrier shall not including loss of revenue, loss of use of equipment or facilities, or be responsible for any equipment or control failures,operability or any economic damages based on strict liability or negligence. long-term damage that may result. Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability, 18.LIMITATION OF LIABILITY-Carrier's maximum liability for without any responsibility, or remove such equipment from this any reason(except for personal injuries)arising from this Agreement Agreement,adjusting the price accordingly. shall not exceed the value of the payments received by Carrier under this Agreement. 12. PROPRIETARY RIGHTS (Service Contracts only) -During the term of this Agreement and in combination with certain services, 19.CANCELLATION-Customer may cancel this Agreement only Carrier may elect to install,attach to Customer equipment,or provide with Carrier's prior written consent,and upon payment of reasonable portable devices (hardware and/or software) that shall remain the cancellation charges. Such charges shall take into account costs and personal proprietary property of Carrier. No devices installed, expenses incurred, and purchases or contract commitments made by attached to real property or portable device(s)shall become a fixture Carrier and all other losses due to the cancellation including a of the Customer locations. Customer shall not acquire any interest, reasonable profit. title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices that are used in connection 20. CUSTOMER TERMINATION FOR CARRIER NON- with providing service on Customer equipment. PERFORMANCE-Customer shall have the right to terminate this Agreement for Carrier's non-performance provided Carrier fails to 13. DATA RIGHTS (Service Contracts only) - Customer hereby cure such non-performance within thirty(30)days after having been grants and agrees to grant to Carrier a worldwide,non-exclusive,non- given prior written notice of the non-performance. Upon early terminable,irrevocable,perpetual,paid-up,royalty free license to any termination or expiration of this Agreement, Carrier shall have free Source Data,with the right to sub-license to its affiliates and suppliers access to enter Customer locations to disconnect and remove any for(i)Carrier's performance of services pursuant to this Agreement, Carrier personal proprietary property or devices as well as remove any (ii) the improvement of Carrier services, and Carrier's Analytics and all Carrier-owned parts,tools and personal property. Additionally, Platform; (iii) improving product performance,operation, reliability, Customer agrees to pay Carrier for all incurred but unamortized service and maintainability;(iv)to create,compile,and/or use datasets and/or costs performed by Carrier including overheads and a reasonable statistics for the purposes of benchmarking, development of best profit. practices,product improvement;(v)the provision of services to third parties,(vi)research,statistical,and marketing purposes, and/or(vii) 21. CARRIER TERMINATION - Carrier reserves the right to in support of Carrier agreements. discontinue its service any time payments have not been made as agreed or if alterations, additions or repairs are made to equipment Source Data-shall mean data that is produced directly from a system, during the term of this Agreement by others without prior agreement or device and received at a collection point or a central server(e.g.a between Customer and Carrier. Carrier database,data lake,or third party cloud service). 22. CLAIMS - Any lawsuits arising from the performance or Analytics Platform- shall mean server algorithms or web interface nonperformance of this Agreement, whether based upon contract, systems used to(i)interpret,convert,manipulate,or calculate data,(ii) negligence,strict liability or otherwise,shall be brought within one(1) perform data processing, and/or (iii)the delivery of data to Carrier, year from the date the claim arose. affiliates or suppliers of Carrier,and/or Customer. 23. GOVERNMENT PROCUREMENTS - The components, 14. RETURN OF DATA (Service Contracts only) - Customer equipment and services provided by Carrier are"commercial items"as understands and acknowledges that the portable devices will collect defined in Section 2.101 of the Federal Acquisition Regulations Source Data that will be stored on and/or transmitted to Carrier's ("FAR"),and the prices of such components,equipment and services servers and to suppliers or affiliates that are contracted by Carrier and are based on Carrier's commercial pricing policies and practices used to transmit, process, extract or store such Source Data for (which do not consider any special requirements of U.S.Government purposes of Carrier's performance of the service in accordance with cost principles,FAR Part 31,or any similar procurement regulations). this Agreement. Once such data and information has been stored As such,Carrier will not agree to provide or certify cost or pricing data, and/or transmitted to Carrier's servers,Customer agrees that such data nor will Carrier agree to comply with the Cost Accounting Standards and information shall become part of Carrier's database and therefore (CAS). In addition,no government procurement regulations,such as subject to the license terms under section 13. Terms and Conditions of Sale—Equipment and/or Service 120519 Carrier Corporation 3 • FARs or DFARs, shall apply to this Agreement except those 27. CUSTOMER CONSENT - Customer consents and agrees that regulations expressly accepted in writing by Carrier. Carrier may,from time to time,publicize Carrier related projects with Customer,including the value of such projects,in all forms and media 24.HAZARDOUS MATERIALS-Carrier is not responsible for the for advertising,trade,and any other lawful purposes. identification, detection, abatement, encapsulating or removal of asbestos,products or materials containing asbestos,similar hazardous 28. FOR WORK BEING PERFORMED IN CALIFORNIA - substances,or mold,fungi,mildew,or bacteria. If Carrier encounters Contractors are required by law to be licensed and regulated by the any asbestos or other hazardous material while performing this Contractors'State License Board which has jurisdiction to investigate Agreement, Carrier may suspend its work and remove its employees complaints against contractors if a complaint regarding a patent act or from the project,until such material and any hazards associated with it omission is filed within four years of the date of the alleged violation. are abated. The time for Carrier's performance shall be extended A complaint regarding a latent act or omission pertaining to structural accordingly,and Carrier shall be compensated for the delay. defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to 25. WASTE DISPOSAL - Customer is wholly responsible for the the Registrar, Contractors' State License Board, P.O. Box 26000, removal and proper disposal of waste oil, refrigerant and any other Sacramento,California 95826. material generated during the term of this Agreement. 29.INTELLECTUAL PROPERTY—Notwithstanding anything to 26. SUPERSEDURE, ASSIGNMENT and MODIFICATION - the contrary stated herein,Carrier retains ownership of its intellectual This Agreement contains the complete and exclusive statement of the property and no license to Carrier's intellectual property is granted agreement between the parties and supersedes all previous or except as necessary for Customer to use any deliverables and/or contemporaneous,oral or written,statements. Customer may assign services provided hereunder. this Agreement only with Carrier's prior written consent. No modification to this Agreement shall be binding unless in writing and 30.DATA PRIVACY—Carrier processes personal data in accordance signed by both parties. Orders shall be binding upon Carrier when with its privacy notice at Carrier.com. Each party will comply with accepted in writing by an authorized representative of Carrier. applicable data privacy laws governing personal information collected CARRIER'S ACCEPTANCE OF CUSTOMER'S ORDER IS and processed under this Agreement, including the California CONDITIONED UPON CUSTOMER'S ACCEPTANCE OF THE Consumer Privacy Act and the European General Data Protection TERMS AND CONDITIONS SET FORTH HEREIN (THIS Regulation, and take all reasonable commercial and legal steps to "AGREEMENT") AND CUSTOMER'S AGREEMENT TO BE protect personal data. If Customer provides Carrier with personal data, BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS Customer will ensure that it has the legal right to do so, including AGREEMENT AND ALL REFERENCED ATTACHMENTS notifying the individuals whose personal data it provides to Carrier. CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER Neither party receives personal data under this Agreement for AND CUSTOMER,AND NO AMENDMENT OR MODIFICATION monetary or other valuable consideration. SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE 31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS— FAILURE OF CARRIER TO OBJECT TO PROVISIONS The nature and extent of factory acceptance tests or factory CONTAINED IN ANY PURCHASE ORDER OR OTHER inspections, including without limitation,the number and identity of DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS participants, locations visited, and activities undertaken, shall be A WAIVER BY CARRIER OF THE TERMS IN THIS limited to activities directly related to the performance of this AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER'S Agreement. The tests or inspections will be subject to mutual PROVISIONS. ANY CONFLICTING OR ADDITIONAL agreement of the parties, Carrier policy and internal pre-approval TERMS OR CONDITIONS SET FORTH BY CUSTOMER IN A requirements,and strictly comply with Customer's policies as well as PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT all applicable laws and regulations including, without limitation, all BE BINDING UPON CARRIER, AND CARRIER HEREBY applicable laws and regulations prohibiting corruption. EXPRESSLY OBJECTS THERETO. Terms and Conditions of Sale—Equipment and/or Service 120519 Carrier Corporation 4