RFP#: 269-2011-069

RFP#: 269-2011-069
COMPETITIVE SOLICITATION
BY THE CITY OF CHARLOTTE, NORTH CAROLINA
FOR
AUTOMOTIVE PARTS AND ACCESSORIES FOR LIGHT,
MEDIUM, HEAVY DUTY VEHICLES, AND RELATED SERVICES
ON BEHALF OF ITSELF AND OTHER GOVERNMENT AGENCIES
AND MADE AVAILABLE THROUGH THE U.S. COMMUNITIES
GOVERNMENT PURCHASING ALLIANCE
ITB #269-2011-069
March 21, 2011
THE CITY OF CHARLOTTE
Procurement Services Division
600 East Fourth Street
Charlotte, North Carolina 28202
Invitation to Bid #269-2011-069
Automotive Parts and Accessories for Light, Medium, Heavy Duty Vehicles, and
Related Services
The City of Charlotte Procurement Services Division is requesting bids from interested
organizations to provide Automotive Parts and Accessories for Light, Medium and Heavy Duty
Vehicles and Related Services to satisfactorily support the City’s Equipment Maintenance
Division and other public agencies supported under this contract. This Invitation to Bid is issued
on behalf of the U.S. Communities Government Purchasing Alliance through a public agency
clause, which provides that any county, city, special district, local government, school district,
private K-12 school, technical or vocational school, higher education institution (including
community colleges, colleges and universities, both public and private), state, other government
agency or nonprofit organization may purchase Products and Services through this contract
Therefore, respondents to this acquisition must give due consideration to the potential market.
A pre-bid conference for the purpose of reviewing the ITB and answering questions regarding the
Project will be held on Wednesday, April 6, 2011 at 9:00 a.m. EDT, at the City of Charlotte
Government Center, 600 East Fourth Street, and Conference room CH-14 (basement), Charlotte,
North Carolina 28202. Please bring a copy of the ITB with you at that time.
Bids are due to the Business Support Services, Procurement Services Division, 9th Floor, CMGC
Building, 600 East Fourth Street, Charlotte, North Carolina 28202, no later than 2:00 p.m. EDT
on Wednesday, April 20, 2011.
One (1) unbound original Bid signed in ink by a company official authorized to make a legal and
binding offer, ten (10) copies, and ten (10) complete bid responses on CDs in a searchable format
such as MS Word or Adobe Acrobat should be submitted in a sealed opaque envelope or box
plainly marked with the ITB number, company’s name and address, and the bid due date on the
outside as follows:
ITB# 269-2011-069
Automotive Parts and Services
Name of Company Submitting Bid
Address of Company Submitting Bid
Attention: Karen Ruppe
ITB questions must be directed to Karen Ruppe, The City of Charlotte Procurement Services
Division per the enclosed instructions in Section 3.3.
Sincerely,
Kay Elmore
Procurement Services Director
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Section 1
Background and Overview
1.
MASTER AGREEMENT
The City of Charlotte, North Carolina (herein “Lead Public Agency”) on behalf of itself
and all states, local governments, school districts, and higher education institutions in the
United States of America, and other government agencies and nonprofit organizations
(herein “Participating Public Agencies”) is soliciting bids from qualified suppliers to enter
into a Master Agreement for a complete line of Automotive Parts and Accessories for
Light, Medium, Heavy Duty Vehicles, and Related Services(herein “Products and
Services”).
ALL PRODUCTS OFFERED MUST BE NEW, UNUSED, LATEST DESIGN AND
TECHNOLOGY.
2.
OBJECTIVES
This ITB is intended to achieve the following objectives:
A. Provide a comprehensive competitively solicited Master Agreement offering Products
and Services to Participating Public Agencies;
B. Establish the Master Agreement as a Supplier’s primary offering to Participating Public
Agencies;
C. Achieve cost savings for Suppliers and Participating Public Agencies through a single
competitive solicitation process that eliminates the need for multiple bids;
D. Combine the volumes of Participating Public Agencies to achieve cost effective
pricing;
E. Reduce the administrative and overhead costs of Suppliers and Participating Public
Agencies through state of the art ordering and delivery systems;
F. Provide Participating Public Agencies with environmentally responsible products and
services.
3.
GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Suppliers are expected to propose the broadest possible selection of Automotive Parts and
Accessories for Light, Medium, Heavy Duty Vehicles and Related Services that they offer
commercially for a broad variety of vehicles and equipment including but not restricted to,
automobiles, light and medium duty trucks, SUVs, fire apparatus, buses, and construction
equipment. The categories listed below are examples only and do not intend to limit the
broad category of Products and Services available from potential Suppliers. Bids should
include all Light, Medium, and Heavy Duty Automotive Parts, Accessories, Shop
Chemicals, Parts Inventory Management, and Related Services within each category and
any unidentified category that the bidder can provide. The intent of this solicitation is to
provide Participating Public Agencies with solutions to meet their various needs. Therefore,
the Suppliers should have demonstrated experience in providing the Products and Services
as defined in this ITB, including but not limited to the following:
Category 1
Alternators & Starters
Category 2
Bearings, Ball & Roller
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Category 3
Batteries
Category 4
Belts, Hoses, & Clamps
Category 5
Brakes (Pads and Shoes)
Category 6
Brakes (Drums and Rotors)
Category 7
Brakes (Calipers)
Category 8
Caps & Thermostats
Category 9
Chemicals
Category 10
Coolant & Antifreeze
Category 11
Electrical & Ignition
Category 12
Emissions & Exhaust
Category 13
Filters
Category 14
Gaskets & Seals
Category 15
Heater & Air Conditioning
Category 16
Lamps, Lighting, & Mirrors
Category 17
Power Steering Pumps
Category 18
Pumps, Fuel & Water
Category 19
Steering & Suspension
Category 20
Universal Joints
Category 21
Wipers
Category 22
Wheel Accessories
Category 23
Spark Plugs
Inventory Optimization and On-Site Management – Inventory and replenishment
management solutions and On-site Warehouse Management Services.
Services - The complete range of services available from the Supplier such as, but not
limited to, repair and/or maintenance, disposal, training, and any other related services to
provide customer support.
4.
U.S. COMMUNITIES
U.S. Communities Government Purchasing Alliance (herein “U.S. Communities”) assists
Participating Public Agencies to reduce the cost of purchased goods through strategic
sourcing that combines the volumes and the purchasing power of public agencies
nationwide. This is accomplished through an award of competitively solicited contracts for
high quality products and services by large and well recognized public agencies (herein
“Lead Public Agencies”). The contracts provide for use by not only the respective Lead
Public Agency, but also by other Participating Public Agencies.
National Sponsors
U.S. Communities is jointly sponsored by the National Institute of Governmental
Purchasing (NIGP), the National Association of Counties (NACo), the National League of
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Cities (NLC), the Association of School Business Officials International (ASBO) and the
United States Conference of Mayors (USCM) (herein “National Sponsors”).
Advisory Board
The U.S. Communities Advisory Board is made up of key government purchasing officials
from across the United States.
Each Advisory Board Member is expected to actively participate in product Bids and selection,
participate in policy direction, and share expertise and purchasing innovations.
Current U.S. Communities Advisory Board Members
City of Charlotte/Mecklenburg, NC
City of Los Angeles, CA
Cobb County, GA
Dallas County, TX
Davis Joint Unified Schools, CA
City and County of Denver, CO
State of Georgia
Emory University, GA
Fairfax County, VA
Harford County Public Schools, MD
Hennepin County, MN
North Carolina State University, NC
Hillsborough Schools, FL
City of Houston, TX
Los Angeles County, CA
Maricopa County, AZ
Miami-Dade County, FL
Salem-Keizer School District, OR
City of San Antonio, TX
San Diego Unified School District, CA
City of Seattle, WA
Great Valley School District, PA
Participating Public Agencies
Today more than 44,000 public agencies utilize U.S. Communities contracts and suppliers
to procure over $1.6 Billion Dollars in products and services annually. Each month more
than 400 new public agencies register to participate. The continuing rapid growth of public
agency participation is fueled by the program's proven track record of providing public
agencies unparalleled value.
The Supplier(s) must communicate directly with any Participating Public Agency
concerning the placement of orders, issuance of the purchase order, contractual disputes,
invoicing, and payment.
The City of Charlotte is acting as "Contracting Agent" for the Participating Public Agencies
and shall not be held liable for any costs, damages, expenses, fees, liabilities, etc. incurred
by any other Participating Public Agency.
Each Participating Public Agency enters into a Master Intergovernmental Cooperative
Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the
Lead Public Agencies’ Master Agreements. Under the terms of the MICPA, the
procurement by the Participating Public Agency shall be construed to be in accordance
with, and governed by, the laws of the state in which the Participating Public Agency
resides. A copy of the MICPA is attached as Appendix A.
Estimated Volume
The estimated dollar volume of Products and Services purchased under the proposed
Master Agreement is $150 Million Dollars annually. This estimate is based on the
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anticipated volume of the Lead Public Agency, the U.S. Communities Advisory Board
members, and current sales within the U.S. Communities program. While there is no
minimum quantity of products required to be purchased under the proposed Master
Agreement, The City of Charlotte and the U.S. Communities Advisory Board Members are
committed to utilizing the Master Agreement. The Advisory Board members shall
determine if the Master Agreement is of value to their agency, and will promote the Master
Agreement among other public agencies nationwide and internationally. The Advisory
Board in 2010 purchased more than $138 Million Dollars of products and services from
existing U.S. Communities contracts.
Marketing Support
U. S. Communities provides marketing support for each Supplier’s products through the
following:
•
National Sponsors as referenced above.
•
State Associations of Counties, Schools and Municipal Leagues.
•
Administrative and marketing personnel that directly promote the U.S. Communities
Suppliers to Participating Public Agencies through public agency meetings, direct mail,
national publications, annual meetings and a network of K-12, City, County , Higher
Education and State Associations.
•
U.S. Communities provides Suppliers government sales training, and a host of online
marketing and sales management tools to effectively increase sales through U.S.
Communities.
Marketplace
U.S. Communities has developed an online Marketplace, which gives Participating Public
Agencies the ability to purchase from many U.S. Communities contracts directly from our
website. The Marketplace makes it easier for Participating Public Agencies to access many
contracts through a single login and place orders using a procurement card or credit card.
Suppliers have the ability to add their products to the Marketplace at no cost.
Multiple Awards
Multiple awards may be issued as a result of the solicitation. Multiple Awards will ensure
that any ensuing Master Agreements fulfill current and future requirements of the diverse and
large number of Participating Public Agencies.
Evaluation of Bids
Bids will be evaluated by the Lead Public Agency in accordance with, and subject to, the
relevant statutes, ordinances, rules and regulations that govern its procurement practices.
U.S. Communities Advisory Board members and other Participating Public Agencies will
assist the Lead Public Agency in evaluating Bids. The Supplier(s) that respond(s)
affirmatively meets the minimum qualifications and offers the lowest priced bid will be
eligible for a contract award. U.S. Communities reserves the right to make available or not
make available Master Agreements awarded by a Lead Public Agency to Participating Public
Agencies.
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SUPPLIER QUALIFICATIONS
5. SUPPLIERS
Commitments
U.S. Communities views the relationship with an awarded Supplier as an opportunity to
provide maximum benefit to both the Participating Public Agencies and to the Supplier.
The successful foundation of the partnership requires commitments from both U.S.
Communities and the Supplier. U.S. Communities requires the Supplier to make the four
commitments set forth below (Corporate, Pricing, Economy, Sales) to ensure that Supplier is
providing the highest level of public benefit to Participating Public Agencies:
(a)
Corporate. Supplier shall ensure that the U.S. Communities program
and the Master Agreement are actively supported by Supplier’s senior executive management.
(i)
The pricing, terms and conditions of the Master Agreement shall
be Supplier’s primary offering to Public Agencies.
(ii)
Supplier shall advise all existing Public Agencies that are current
customers of Supplier as to the value and pricing benefits offered under the Master
Agreement.
(iii)
Upon authorization by a Public Agency, Supplier shall transition
such Public Agency to the pricing, terms and conditions of the Master Agreement.
(iv)
Supplier shall provide a national/senior management account
representative with the authority and responsibility to ensure that the Supplier’s Commitments
are maintained at all times. Supplier shall also designate a lead referral contact person who
shall be responsible for receiving communications from U.S. Communities concerning new
Participating Public Agency registrations and for ensuring timely follow-up by Supplier’s staff
to requests for contact from Participating Public Agencies. Supplier shall also provide the
personnel necessary to implement and support a supplier-based internet web page dedicated to
Supplier’s U.S. Communities program and linked to U.S. Communities’ website and shall
implement and support such web page.
(v)
Supplier shall demonstrate in its Invitation to Bid (“ITB”) or
invitation to bid (“ITB”) response and throughout the term of the Master Agreement that
senior management fully supports the U.S. Communities program and its commitments and
requirements. Senior management is defined as the executive(s) with companywide authority.
(vi)
Supplier’s field force (direct and/or authorized dealer or
representative) must lead with the Master Agreement when calling on Public Agencies. If
Supplier has alternate cooperative vehicles (i.e. state contracts, regional cooperatives) the
Master Agreement shall be the lead offering and not just one of Supplier’s options. If Supplier
meets resistance or objection to utilizing the Master Agreement from a Public Agency, prior to
offering an alternate contract option, Supplier’s sales representative must contact the U.S.
Communities Program Manager in the area and request assistance in overcoming the barrier or
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objection. If the U.S. Communities Program Manager is unable to resolve the Public
Agency’s objection, Supplier is permitted to pursue other options.
(vii)
In states where Supplier has an existing state contract or
cooperative contract, Supplier shall notify the state of the Master Agreement and transition the
state to the pricing, terms and conditions of the Master Agreement upon the state’s request.
Regardless of whether the state decides to transition to the Master Agreement, Supplier shall
primarily offer the Master Agreement to all counties, cities, special districts, local
governments, school districts, private K-12 schools, technical or vocational schools, higher
education institutions (including community colleges, colleges and universities, both public
and private), other government agencies and nonprofit organizations located within the state.
(viii) During the term of the Agreement, Supplier shall not, without
the prior written consent of U.S. Communities, enter into an agreement or renew an existing
agreement with any Multi-State Purchasing Cooperative, other than U.S. Communities, for the
purpose of offering Products and Services to Public Agencies through such Multi-State
Purchasing Cooperative. A Multi-State Purchasing Cooperative is defined as any purchasing
cooperative that administers contracts to Public Agencies in more than five (5) states that are
competitively solicited by the purchasing cooperative itself or another Public Agency for the
purpose of providing other Public Agencies access to the competitively solicited contracts.
(b)
Pricing. Supplier represents to U.S. Communities that the pricing
offered under the Master Agreement is the lowest overall available pricing (net to purchaser)
that it offers to Public Agencies.
(i)
Contracts Offering Lower Prices. If a pre-existing contract
and/or a Public Agency’s unique buying pattern provide one or more Public Agencies a lower
price than that offered under the Master Agreement, Supplier shall be required to match that
lower pricing for customers under the Master Agreement and inform the eligible Public
Agencies that the lower pricing is available under the Master Agreement. If an eligible Public
Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report
the Public Agency’s purchases under the U.S. Communities contract going forward. The price
match only applies to the eligible Public Agencies. Below are three examples of Supplier’s
obligation to match the pricing under Supplier’s contracts offering lower prices:
(A)
Supplier holds a state contract with lower pricing that is
available to all Public Agencies within the state. Supplier would be required to match the
lower state pricing under the Master Agreement and make it available to all Public
Agencies within the state.
(B)
Supplier holds a regional cooperative contract with
lower pricing that is available only to the ten cooperative members. Supplier would be
required to match the lower cooperative pricing under the Master Agreement and make it
available to the ten cooperative members.
(C)
Supplier holds a contract with an individual Public
Agency. The Public Agency contract does not contain any cooperative language and
therefore other Public Agencies are not eligible to utilize the contract. Supplier would be
required to match the lower pricing under the Master Agreement and make it available
only to the individual Public Agency.
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(ii)
Deviating Buying Patterns. Occasionally U.S. Communities and
Supplier may interact with a Public Agency that has a buying pattern or terms and conditions
that considerably deviate from the normal Public Agency buying pattern and terms and
conditions, and causes Supplier’s pricing under the Master Agreement to be higher than an
alternative contract held by Supplier. This could be created by a unique end-user preference or
requirements. In the event that this situation occurs, Supplier may address the issue by
lowering the price under the Master Agreement on the item(s) causing the large deviation for
that Public Agency. Supplier would not be required to lower the price for other Public
Agencies.
(iii)
Supplier’s Options in Responding to a Third Party ITB or ITB.
While it is the objective of U.S. Communities to encourage Public Agencies to piggyback onto
its contracts rather than issue their own ITBs and ITBs, U.S. Communities recognizes that for
various reasons some Public Agencies will issue their own solicitations. The following
options are available to Supplier when responding to a Public Agency solicitation:
(A)
Supplier may opt not to respond to the ITB or ITB.
Supplier may make the Master Agreement available to the Public Agency as a
comparison to its solicitation responses.
(B)
Supplier may respond with the pricing, terms and
conditions of the Master Agreement. If Supplier is awarded the contract, the sales would
be reported as sales under the Master Agreement.
(C)
If competitive conditions require pricing lower than the
standard Master Agreement pricing, Supplier may submit lower pricing through the
Master Agreement. If Supplier is awarded the contract, the sales would be reported as
sales under the Master Agreement.
(D)
Supplier may respond to the ITB or ITB with pricing
that is higher (net to buyer) than the pricing offered under the Master Agreement.
(E)
Supplier may respond to the ITB or ITB with pricing
that is higher (net to buyer) than the pricing offered under the Master Agreement and if
an alternative response is permitted, Supplier may offer the pricing under the Master
Agreement as an alternative for consideration.
(c)
Economy. Supplier shall demonstrate the benefits, including the pricing
advantage, of the Master Agreement over alternative competitive solicitation pricing and shall
proactively offer the terms and pricing under the Master Agreement to Public Agencies as a
more effective alternative to the cost and time associated with such alternate bids and
solicitations.
(d)
Sales. Supplier shall market the Master Agreement through Supplier’s
sales force or dealer network that is properly trained, engaged and committed to offering the
Master Agreement as Supplier’s primary offering to Public Agencies. Supplier’s sales force
compensation and incentives shall be greater than or equal to the compensation and incentives
earned under other contracts to Public Agencies.
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(i)
Supplier Sales. Supplier shall be responsible for proactive direct
sales of Supplier’s goods and services to Public Agencies and the timely follow-up to sales
leads identified by U.S. Communities. Use of product catalogs, targeted advertising, direct
mail and other sales initiatives are encouraged. All of Supplier’s sales materials targeted
towards Public Agencies shall include the U.S. Communities logo. U.S. Communities shall
provide Supplier with its logo and the standards to be employed in the use of the logo.
Supplier shall assist U.S. Communities by providing camera-ready logos and by participating
in related trade shows and conferences. At a minimum, Supplier's sales initiatives shall
communicate that (i) the Master Agreement was competitively solicited by the Lead Public
Agency, (ii) the Master Agreement provides the best government pricing, (iii) there is no cost
to Participating Public Agencies, and (iv) the Master Agreement is a non-exclusive contract.
(ii)
Branding and Logo Compliance. Supplier shall be responsible
for complying with the U.S. Communities branding and logo standards and guidelines. Prior
to use by Supplier, all U.S. Communities related marketing material must be submitted to U.S.
Communities for review and approval.
(iii)
Sales Force Training. Supplier shall be responsible for the
training of its national sales force on the Master Agreement and U.S. Communities program.
U.S. Communities shall be available to train regional or district managers and generally assist
with the education of sales personnel.
(iv)
Participating Public Agency Access. Supplier shall establish the
following communication links to facilitate customer access and communication:
(A)
A dedicated U.S. Communities internet web-based
homepage containing:
(1)
(2)
(3)
(4)
(5)
(6)
(B)
regarding U.S. Communities.
U.S. Communities standard logo with Founding
Co-Sponsors logos;
Copy of original Invitation to Bid or
invitation to bid;
Copy of Master Agreement including any
amendments;
Summary of products and pricing;
Electronic link to U.S. Communities’ online
registration page; and
Other promotional material as requested by U.S.
Communities.
A dedicated toll-free national hotline for enquiries
(C)
A dedicated email address for general inquiries in the
following format: [email protected](name of supplier).com.
(v)
Electronic Registration. Supplier shall be responsible for
ensuring that each Public Agency has completed U.S. Communities’ online registration
process prior to processing the Public Agency’s first sales order.
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(vi)
Supplier’s Performance Review. Upon request by U.S.
Communities, Supplier shall participate in a performance review meeting with U.S.
Communities to evaluate Supplier’s performance of the covenants set forth in this Agreement.
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U.S. Communities Administration Agreement
The Supplier is required to execute unaltered, the U.S. Communities Administration Agreement
(attached hereto as Appendix B) prior to the award of the U.S. Communities contract. The
Agreement outlines the Supplier’s general duties and responsibilities in implementing the U.S.
Communities contract.
The executed U.S. Communities Administration Agreement is required to be submitted
with the supplier’s Bid without exception or alteration. Failure to do so will result in
disqualification.
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SUPPLIER WORKSHEET FOR NATIONAL PROGRAM CONSIDERATION
Suppliers are required to meet specific qualifications. Please respond in the spaces provided after each
qualification statement below:
A. State if pricing for all Products/Services offered will be the most competitive pricing offered by your
organization to Participating Public Agencies nationally.
YES____
NO____
B. Does your company have the ability to provide service to any Participating Public Agencies in the
contiguous 48 states, and the ability to deliver service in Alaska and Hawaii?
YES____
NO____
C. Does your company have a national sales force, dealer network or distributor with the ability to call on
Participating Public Agencies in at least 35 U.S. states?
YES____
NO____
D. Did your company have sales greater than $100 million last year?
YES____
NO____
E. Does your company have existing capacity to provide toll-free telephone and state of the art electronic,
facsimile and internet ordering and billing?
YES____
NO____
F. Will your company assign a dedicated Senior Management level Account Manager to support the resulting
U.S. Communities program contract?
YES____
NO____
G. Does your company agree to respond to all agency referrals from U.S. Communities within 2 business days?
YES____
NO____
H. Does your company maintain records of your overall Participating Public Agencies’ sales that you can and
will share with U.S. Communities to monitor program implementation progress?
YES____
NO____
I.
Will your company commit to the following program implementation schedule?
YES____
NO____
J.
Will the U.S. Communities program contract be your lead public offering to Participating Public Agencies?
YES____
NO____
K. Does your company agree to not pursue additional national or multi-state cooperative contracts during the
contract period?
YES____
NO____
______________________________________________________________________________
Submitted by:
________________________________
___________________________________
(Printed Name)
(Signature)
________________________________
(Title)
___________________________________
(Date)
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SUPPLIER QUALIFICATION WORKSHEET
New Supplier Implementation Checklist
1. First Conference Call
Discuss expectations
Establish initial contact people & roles
Outline kickoff plan
Establish WebEx training date
2. Administrative Agreement Signed
Lead Public Agency agreement signed
3. Supplier Login Established
Complete Supplier initiation form
Complete Supplier product template
Create user account & user ID - Communicate to Supplier
4. Initial Sr. Management Meeting
Review commitments
Discuss National Account Manager (NAM) role & staff requirements
Discuss reporting process & requirements
Review kickoff plan
Determine field sales introductory communication plan
5. Initial NAM & Staff Training Meetings
Discuss expectations, roles & responsibilities
Introduce and review web-based tools
Discuss sales organization & define roles
Review with NAM
Review process & expectations with NAM and lead referral person
Discuss marketing plan and customer communication strategy
Discuss Admin process/expectations & provide admin support training
6. Review Top 10 Local Government Contracts
Determine strategies with NAM
7. Program Contact Requirements
Supplier contacts communicated to U.S. Communities Staff
Dedicated email
Dedicated toll free number
Dedicated fax number
8. Web Development
Initiate IT contact
Website construction
Website final edit
Product upload to U.S. Communities site
9. Sales Training & Roll Out
Target
Completion
After Award
One Week
One Week
One Week
Two Weeks
Two Weeks
Two Weeks
Two Weeks
Two Weeks
Three Weeks
Four Weeks
Four Weeks
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Regional Manager (RM) briefing - Coordinate with NAM
Initial remote WebEx training for all sales - Coordinate with NAM
Top 10 metro areas - Coordinate with NAM & RM
Initiate contact with Advisory Board (AB) members
Training plan for other metros
10. Marketing
General announcement
1 Page Summary with Supplier contacts
Branding of program
Supplier handbook
Announcement to AB and Sponsors
11. Green Initiative
Identify Green Products
- Certifications
- New product identification
Identify green expert
Green reporting
Upload product to U.S. Communities website
- Product description
- Picture
- SKU
Green marketing material
- Approved by U.S. Communities
- Printed/ Images
- Articles/ Best Practices/ Supplier internal green practices
- Workshops
- Green tradeshows
- 3rd Party green vendors
One Week
Two Weeks
Four Weeks
Four Weeks
Two Weeks
Six Weeks
Four Weeks
Six Weeks
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SUPPLIER INFORMATION
Please respond to the following requests for information about your company:
Company
1. Provide a brief history and description of your company.
2. Total number and location of sales persons employed by your company in the United States;
3. Number and location of distribution outlets in the United States (if applicable);
4. Number and location of support centers (if applicable);
5. Annual sales for 2008, 2009 and 2010 in the United States; Sales reporting should be segmented
into the following categories:
SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2008, 2009, AND 2010
Segment
2008 Sales
2009 Sales
2010 Sales
Cities
Counties
K‐12 (Pubic/Private)
Higher Education (Public/Private)
States
Other Public Sector and Nonprofits
Federal
Private Sector
Total Supplier Sales
6. Submit your current Federal Identification Number and latest Dun & Bradstreet report.
7. Provide a list with contact information of your company’s ten largest public agency customers.
U.S. Communities Advisory Board Members are to be excluded from the list provided. Provide a
list with contact information of five public agency customers that your company has lost in the
last twelve months.
Distribution
1. Describe how your company proposes to distribute the Products nationwide.
2. Identify all other companies that will be involved in processing, handling or shipping the Product
to the end user.
3. State the effectiveness of the proposed distribution in providing the lowest cost to the end user.
4. Provide the number, size and location of your company’s distribution facilities, warehouses and
retail network as applicable.
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5. Provide a listing of the company’s retail store locations (by state) and denote which store locations
currently service commercial customers. For those stores that are not currently servicing
commercial customers, describe their capability to provide product to public agencies under this
contract.
6. Provide your retail store hours of operation.
7. Describe your capacity to service emergency needs after normal retail store hours.
8. State the company’s standard delivery time and any options, including desktop delivery costs, for
expediting delivery and return policies.
9. Describe your retail store “will call” or pick up policy and procedures and how such orders will be
incorporated into any subsequent contract (i.e. contract pricing, reporting, p-card usage or
summary billing, etc.)
10. State restocking fees for products returned after thirty days.
Marketing
1. Outline your company’s plan for marketing the Products to state and local government agencies
nationwide.
2. Explain how your company will educate its national sales force about the Master Agreement.
3. Explain how your company will market and transition the Master Agreement into the primary
offering to Participating Public Agencies.
4. Explain how your company plans to market the Master Agreement to existing government
customers and transition these customers to the Master Agreement. Please provide the amount of
purchases of existing public agency clients that your company will transition to the U.S.
Communities contract for the initial three years of the contract in the following format within
your Bid.
a. $________.00 will be transitioned in year one.
b. $________.00 will be transitioned in year two.
c. $________.00 will be transitioned in year three.
5. Explain how your company proposes to resolve any complaints, issues or challenges.
6. Please submit the resume of the person your company proposes to serve as the National Accounts
Manager. Also provide the resume for each person that will be dedicated full time to U.S.
Communities account management.
Products
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1. Provide a description of the Products and Services to be provided by the major product category
set forth in Section 1 of the ITB. The primary objective is for each Supplier to provide its
complete product and service offerings so that Participating Public Agencies may order a range of
product as appropriate for their needs.
2. Provide a description of all services to be provided by your company, including, but not limited to
customer service center activities such as links to shippers, and shipment tracking, return item
process, training and any other services Supplier may offer.
3. Describe any special programs that your company offers that will improve customers’ ability to
access Products, on-time delivery or other innovative strategies.
4. State your fill rate (delivery of product within one day of order) for products, Section 1. If less
than 98% guaranteed fill rate, specify fill rate and explain how you can achieve 98%.
5. Specify guaranteed fill rate by product category specified in Section 1.
6. State backorder policy. Do you fill or kill order and require Agency to reorder if item is
backordered?
7. Describe the capacity of your company to broaden the scope of the contract and keep the product
offerings current and ensure that latest products, standards and technology for automotive parts
and accessories for light, medium, heavy duty vehicles and related services.
Administration
1. Describe your company’s capacity to employ EDI, telephone, Internet, with a specific Bid for
processing orders under the Master Agreement. State which forms of ordering allow the use of a
procurement card and the accepted banking (credit card) affiliation.
2. Describe your company’s internal management system for processing orders from point of
customer contact through delivery and billing. Please state if you use a single system or platform
for all phases of ordering, processing, delivery and billing.
3. Describe the state of e-commerce within your company and detail how Participating Public
Agencies can benefit from your approach. Please document your company’s level of expertise
with the following software; Peoplesoft, Lawson, Oracle, School Dude and all others your
company has successfully interfaced with a public agency. List, by software supplier, the
following information: name of public agency, software system used, “go-live” date, net amount
of total sales per Calendar Year sine “go-live”, and percentage of sales being processed
exclusively via Internet/EDX (paperless) ordering. Include, by public agency, any enhancement,
such as e-mail order acknowledgement and on-line order/tracking ability.
4. Describe your company’s implementation and success with existing multi-state cooperative
purchasing programs, if any, and provide the entity’s name(s), contact person(s) and contact
information as reference(s).
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5. Describe the capacity of your company to report monthly sales under the Master Agreement by
Participating Public Agency within each U.S. state.
6. Describe the capacity of your company to provide management reports, i.e. commodity histories,
procurement card histories, green spend, Marketplace spend, etc. for each Participating Public
Agency.
7. Please provide any suggested improvements and alternatives for doing business with your
company that will make this arrangement more cost effective for your company and Participating
Public Agencies.
Financial Statements
The Supplier shall include an audited income statement and balance sheet from the most recent reporting
period in its Bid.
Staffing Plan
A staffing plan is required which describes the Supplier’s proposed staff distribution to accomplish this
work. The staffing plan should indicate a chart that partitions the time commitment of each professional
staff member across the proposed tasks and a timeline for the project. It is mandatory that this section
identify the key personnel who are to work on the project, their relationship to the contracting
organization, and amount of time to be devoted to the project.
Environmental
Provide a brief description of any company environmental initiatives, including any green products and
certifications to be available through your company.
1. What is your company’s environmental strategy?
2. What is your investment in being an environmentally preferable product leader?
3. Do you have any resources dedicated to your environmental strategy? Please describe.
4. What percentage of your offering is environmentally preferable and what are your plans to
improve this offering?
Additional Information
Please use this opportunity to describe any/all other features, advantages and benefits of your organization
that you feel will provide additional value and benefit to a Participating Public Agency.
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2.1
Review and Comply: This Invitation To Bid consists of the following components:
"Cover Letter:" the letter that appears on the first two pages of this Invitation To Bid;
Section 1: An overview of the objectives, definitions, products, services and U.S. Communities
(called “Background and Overview”)
Section 2: General instructions regarding the bid process (called “Instructions To Bidders”);
Section 3: Key events, deadlines, and details for the solicitation process (called “Solicitation
Schedule and Process”);
Section 4: The City’s standard contractual terms and conditions (called the “Terms and
Conditions”)
Section 5: Special conditions that apply to this procurement (called "Special Conditions");
Section 6: Specifications and scope of work that describe the functions or features of the products
and services for which the City seeks bids (called "Scope of Work and Specifications");
Section 7: Insurance and indemnity requirements (called “Insurance Requirements”);
Section 8: The forms that a Bidder is required to complete and return as its Bid (called the "Bid
Response Forms");
Section 9: The form contract that the City and the successful Bidder will sign upon award of a
contract by City Council (called the “Form Contract”);
Addenda: refers to any and all modifications or additions to this Invitation to Bid that are issued
in writing by the City's Procurement Services Division.
Attachment 1: Pricing sheet for Charlotte’s Sample Product list (called “Price List 1”);
Attachment 2: Pricing sheet for National Sample Product list (called “Price List 2”);
Attachment 3: Pricing sheet format for all Product offerings (called “Catalog Price List”);
Appendix A: Master Intergovernmental Cooperative Purchasing Agreement;
Appendix B: Administration Agreement;
Appendix C: State Notice Addendum;
Appendix D: ARRA Standard Terms and Conditions; and
Appendix E: FEMA Standard Terms and Conditions
Each reference to this Invitation to Bid (also referred to as “ITB”) includes all components listed
above. Please review each of them carefully. Bidders will be held accountable for having full
knowledge of the contents of this ITB and for performing any due diligence that may be
necessary to submit a binding Bid.
2.2
Definitions:
As used in this ITB, the following terms shall have the meanings set forth below:
Bid:
Refers to the Bid submitted by a Supplier for the Products and
Services as outlined in this ITB.
Bidder:
A person or entity that submits a Bid.
City:
Refers to the City of Charlotte, North Carolina.
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Company:
A Bidder that enters into a Contract with the City for providing
the Products and Services covered by this ITB.
Contract:
Refers to the contract under which a Bidder agrees to provide all
or part of the Products and Services to the City. A Contract shall
include the Form Contract set forth in Section 9 of this ITB,
together with all attachments referenced therein.
Environmentally
Preferable Products:
Products that have a lesser or reduced effect on human health
and the environment when compared with competing products
that serve the same purpose. This comparison may consider raw
materials acquisition, production, manufacturing, packaging,
distribution, reuse, operation, maintenance, or disposal of the
product
Evaluation Committee:
Refers to a committee, as appointed by the Lead Public Agency
and U.S. Communities, responsible for determining the best
Company to provide the Products and Services described in this
ITB.
Lead Public Agency:
Refers to the City of Charlotte Procurement Services Division.
Participating Public Agency:
Refers to all departments or units of the City of Charlotte and all
other governmental units, towns, boards, or municipalities, K-12,
counties, non-profits, higher education, and states nationwide.
Products:
Refers to all Products that the Bidder agrees to provide to the
City as part of its Bid.
Recyclability:
Products or materials that can be collected, separated or
otherwise recovered from the solid waste stream for reuse, or
used in the manufacture or assembly of another package or
product, through an established recycling program. For products
that are made of both recyclable and non-recyclable components,
the recyclable claim should be adequately qualified to avoid
consumer deception about which portions or components are
recyclable.
Recycled Material:
Material and by-products which have been recovered or diverted
from solid waste for the purpose of recycling. It does not include
those materials and by-products generated from, and commonly
reused within, an original manufacturing process.
Supplier:
Refers to a company that has interest in providing the Products
and Services required by this ITB.
Services:
All Services that the Bidder agrees to provide to the City as part
of its Bid, including but not limited to repair, maintenance,
removal, disposal, training, and inventory.
Specifications and
Requirements:
Refers to all definitions, descriptions, requirements, criteria,
warranties and performance standards relating to the Products
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and Services which are set forth or referenced in: this ITB, or in
any other attachments or documents that describe the functions
or features of the items for which the City of Charlotte seeks
Bids.
2.3
Contract Documents: Each Bid constitutes an offer to become legally bound to a Contract with
the City incorporating the ITB and the Bidder’s Bid. Upon Contract award by City Council, the
City will send the successful Bidder the Contract, which shall consist of the Form Contract
contained in Section 9 of this ITB, together with all attachments referenced therein.
2.4
Exceptions: Each Bid submitted in response to this Invitation to Bid constitutes a binding offer to
comply with all terms, conditions, special conditions, specifications, and requirements stated in
this Invitation to Bid (including but not limited to the Form Contract), except to the extent that a
Bidder takes exception to such provisions in the manner required by this Section. To take
exception to a provision of this Invitation to Bid, the Bidder must clearly identify in Form Two
of the Bid Response Forms each of the following: (a) the number and title of each section of this
ITB that the Bidder takes exception to; (b) the specific sentence within such section that the
Bidder takes exception to; and (c) any alternate provision proposed by the Bidder. Bidders are
reminded that a material variance from the terms of this Invitation to Bid may result in the Bid
being rejected by the City.
2.5
Multiple/Alternate Bids: No Bidder shall submit more than one bid unless multiple or alternate
bids are requested in the Special Conditions. Unless specifically stated in the Special Conditions,
any multiple or alternate bids must be brought to the City's attention either during the pre-bid
conference or submitted in writing at least five (5) days prior to the opening of the bid.
2.6
How to Prepare Bid Responses: All bids shall be prepared as follows:
2.7
(A)
Complete the Bid Response Forms provided in Section 8 of this Invitation to Bid. Bid
responses must be submitted only on these forms.
(B)
Bid responses must be typewritten or completed in ink, signed by the Bidder or the
bidding firm's authorized representative. All erasures or corrections must be initialed and
dated by the person who signs the Bid Response Form on behalf of the Bidder.
(C)
Bids must be accompanied by accurate descriptions of the exact materials, supplies,
vehicles, and/or equipment offered for purchase. The Specifications may require that
copies of detailed factory specifications, ratings, technical data, etc. be submitted along
with the Bidder's response package.
How to Submit Bid Responses: All Bidders shall:
(A)
(B)
Submit their Bid in a sealed opaque envelope with the following information written on
the outside of that envelope:
(1)
The Bidder’s company name,
(2)
The bid number as indicated on the cover letter to this Invitation to Bid, and
(3)
Identification of the equipment, supply and/or service for which the Bid is
submitted as indicated at the top of the cover letter to this Invitation to Bid.
Mail or Deliver one (1) unbound original Bid signed in ink by a company official
authorized to make a legal and binding offer and ten (10) electronic copies on CD in PDF
format to the address listed below, to be received no later than APRIL 20, 2011 at 2:00
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p.m. EDT. The original Bid shall be complete and unabridged, and shall not refer to any
other copy of the signed and sealed original for any references, clarifications, or
additional information. When received, all Bids and supporting materials, as well as
correspondence relating to this ITB, shall become the property of the City.
Please be advised that the electronic copies on CD must be identical to the unbound
original. The CDs are for evaluation purposes only and will not be accepted as the official
original Bid. The original Bid signed in ink by a company official must be submitted
to be considered a responsive and valid Bid. Bids sent by facsimile will not be
accepted.
Mail or Deliver to:
Charlotte/Mecklenburg Government Center
Procurement Services Division, 9th Floor
600 East Fourth Street, 9th. Floor- CMGC
Charlotte, NC 28202
Attn: KAREN RUPPE
Due to increased security concerns at the Charlotte-Mecklenburg Government
Center (CMGC) sealed boxed may be searched and thoroughly inspected prior to
admittance. Please allow time for this search to take place if delivering your Bid in
person to the CMGC.
2.8
(C)
Bids not received by the time and date specified in the Cover Letter of this
Invitation to Bid will not be opened or considered, unless the delay is a result of the
negligence of the City, its agents, or assigns.
(D)
Note that the Bid opening date listed above is based on the assumption that one or more
Bidders will submit samples of alternate products for evaluation by the City. In the event
no samples are submitted, or in the event the evaluation does not require as much time as
anticipated, the City may move up the Bid opening date by issuing a written addendum to
this ITB. The City reserves the right to change the Bid opening date, or any other dates
relevant to this procurement process, at any time in its sole discretion.
Trade Secrets/Confidentiality: Upon receipt at the Procurement Services Division, your Bid is
considered a public record except for material which qualifies as "trade secret" information under
N.C. Gen. Stat. 66-152 et. seq. After the Bid opening your Bid will be provided to City staff and
others who participate in the evaluation process, and to members of the general public who
submit public records requests. To properly designate material as trade secret under these
circumstances, each Bidder must take the following precautions: (a) any trade secrets submitted
by a Bidder must be submitted in a separate, sealed envelope marked "Trade Secret - Confidential
and Proprietary Information - Do Not Disclose Except for the Purpose of Evaluating this Bid,"
and (b) the same trade secret/confidentiality designation must be stamped on each page of the
trade secret materials contained in the envelope.
Do not attempt to designate your entire Bid as a trade secret, and do not attempt to
designate pricing information as a trade secret. Doing so may result in your Bid being
disqualified.
In submitting a Bid, each Bidder agrees that the City may reveal any trade secret materials
contained in such response to all City staff and City officials involved in the selection process,
and to any outside consultant or other third parties who assist the City in the selection process.
Furthermore, each Bidder agrees to indemnify and hold harmless the City and each of its officers,
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employees, and agents from all costs, damages, and expenses incurred in connection with
refusing to disclose any material, which the Bidder has designated as a trade secret.
2.9
Questions: The City is committed to providing all prospective Bidders with accurate and
consistent information in order to ensure that no Bidder obtains an unfair competitive advantage.
To this end, from the date of this Invitation to Bid until the time of Bid opening, no interpretation
or clarification of the meaning of any part of this Invitation to Bid will be made orally to any
prospective Bidder. Requests for information or clarification of this Invitation to Bid must be
made in writing and addressed to Karen Ruppe at the address, fax, or email address listed below,
with e-mail being the preferred method of communication. Questions should reference the
Invitation to Bid page and topic number. In order for questions to be answered at the pre-bid
meeting, they must be submitted by 5:00 p.m. EDT on April 5, 2011.
After the Pre-Bid Conference, additional questions can be submitted no later than 5:00 p.m. EDT
on April 8, 2011. Any questions received after this deadline will not be acknowledged or
answered.
KAREN RUPPE
Procurement Services
ITB #269-2011-069
600 East Fourth Street, 9th Floor
Charlotte, North Carolina 28202
Phone: 704.336.2992
Fax:
704.632.8254
E-mail: [email protected]
The City will post answers to questions posed by prospective Bidders and/or general information
concerning this Invitation to Bid in the form of an addendum to the Invitation to Bid on the
Internet at www.ips.state.nc.us. Invitation to Bid information can be accessed at the website by
searching for bid number 269-2011-069.
It is the responsibility of the prospective Bidder to check the website for any addenda issued
for this Invitation to Bid. The City reserves the right to disqualify any prospective Bidder who
contacts a City employee, or agent concerning this Invitation to Bid, other than in accordance
with this Section.
2.10
2.11
How to Submit an Objection Relating to This Invitation To Bid:
(A)
When a pre-bid conference is scheduled, Bidders should either present their objection at
that time (either verbally or in writing), or submit a written objection prior to the
scheduled pre-bid conference.
(B)
When a pre-bid conference is not scheduled, Bidders must submit objections in writing at
least ten (10) days prior to the opening of the bid.
(C)
Except for objections raised at the pre-bid conference, all objections must be in writing
directed to the Procurement Services contact designated in the preceding section.
(D)
Failure to object in the manner specified above shall constitute a waiver of any
objections the Bidder may have to the terms of this Invitation to Bid, or anything
that occurred in the bid process through the end of the pre-bid conference.
Binding Offer: Each Bid shall constitute a firm offer that is binding for one hundred twenty
(120) calendar days from the date of the Bid opening.
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2.12
Errors in Bids: In case of error in extension of prices in the Bid, the unit prices shall govern.
2.13
City’s Rights and Options: The City reserves the following rights, which may be exercised at
the sole discretion of the City of Charlotte:
2.13.1
To supplement, amend, substitute, or otherwise modify this ITB at any time;
2.13.2
to cancel this ITB with or without the substitution of another ITB;
2.13.3
to take any action affecting this ITB, this ITB process, or the Products or Services
subject to this ITB that would be in the best interests of the City;
2.13.4
to issue additional requests for information;
2.13.5
to require one or more Bidders to supplement, clarify or provide additional information
in order for the City to evaluate the Bids submitted;
2.13.6
to conduct investigations with respect to the qualifications and experience of each
Bidder;
2.13.7
to change the Bid opening date or any other dates relevant to this ITB;
2.13.8
to waive any defect or irregularity in any Bid received;
2.13.9
to reject any or all Bids;
2.13.10
to award all, none, or any part of the items that is in the best interest of the City, with
one or more of the Bidders responding, which may be done with or without resolicitation; and
2.13.11
to enter into any agreement deemed by the City to be in the best interest of the City,
with one or more of the Bidders responding.
2.14
Bids on All or Part: Unless otherwise specified by the City or by the Bidder, the City reserves
the right to make award on all or part of the items to be purchased. Bidders may restrict their bids
to consideration in the aggregate by so stating in the bid. However, bids restricted to
consideration in the aggregate must also include a unit price on each item bid.
2.15
Invitation to Bid Not an Offer: This Invitation to Bid does not constitute an offer by the City.
No recommendations or conclusions from this Invitation to Bid process shall constitute a right
(property or otherwise) under the Constitution of the United States or under the Constitution, case
law, or statutory law of North Carolina.
2.16
SBO Program: It is the policy of the City of Charlotte in accordance with SB 1336 as approved
by the NC General Assembly on September 3, 2002, that Small Business Enterprises shall have
the maximum opportunity to compete for and participate in the performance of contracts issued
on behalf of the City of Charlotte. The City further requires that its contractors agree to take all
the necessary and responsible steps to ensure that Small Business Enterprises have the maximum
opportunity to participate as subcontractors for contractors issued by City of Charlotte, Economic
Development Division. Bidders that anticipate subcontracting part of the Products or Services
requested by this ITB must notify the City’s Procurement Services Division in writing prior to the
pre-bid conference of the type of work that the Bidder expects to subcontract.
2.17
Equal Opportunity: The City has an equal opportunity purchasing policy. The City seeks to
ensure that all segments of the business community have access to supplying the products and
services needed by City programs. The City provides equal opportunity for all businesses and
does not discriminate against any Bidders regardless of race, color, religion, age, sex, and
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Instructions to Bidders
national origin or disability.
2.18
No Collusion or Conflict of Interest: By responding to this ITB, the Bidder shall be deemed to
have represented and warranted that the Bid is not made in connection with any competing
Bidder submitting a separate response to this ITB, and is in all respects fair and without collusion
or fraud.
2.19
Anti-lobbying Provision: Maintaining the integrity of its Invitation to Bid process is of
paramount importance for the City. To this end, we ask each Bidder’s cooperation in voluntarily
refraining from contacting any members of the Charlotte City Council until the award of this
contract is presented to them for approval.
2.20
Certified Test Report: If the Specifications or Special Conditions require a certified test report,
Bidders shall provide such report at their expense, prior to or with their sealed bids. The certified
test report shall be from a recognized independent testing laboratory or manufacturer’s quality
control laboratory and shall show all test results and full compliance with the applicable
Specifications.
2.21
Brand Name: If and whenever brand names, makes, names of manufacturers, trade names,
bidder catalogs or model numbers are stated in this ITB, they are for the purpose of establishing a
grade or quality of material. The City will evaluate any alternates bids to specified brand names
as provided in Attachments 1 and 2 of this ITB.
2.22
Proposed Alternate Product In Lieu of a Specified Brand: Bidders that desire to submit a
proposed alternate Product in lieu of a brand specified in Attachments 1 & 2 of this ITB must
include the following with their bid response:
i.
Identify the manufacturer, brand name, make and, part number;
ii.
Any descriptive literature such as illustrations, drawings or data that are
necessary for the City to make a comparison with the brand specified for that
item in Attachments 1and 2; and
iii.
Certified test reports (if applicable) by an independent laboratory attesting that
the proposed Alternate is equal to or better than the specified brand with respect
to the applicable specifications for which certified test reports are required.
The City reserves the right to require samples for further testing if the City deems it necessary.
The City also reserves the right to require Bidders to have their sample(s) tested by an
independent laboratory if the City so directs. In such event, the Bidder shall provide the requested
additional samples within five business days at no cost to the City.
All samples submitted will become the property of the City upon receipt by the City. In
submitting a sample, each Bidder agrees that the sample does not contain trade secret material,
and that it may be disclosed by the City to any person or entity in the City’s sole discretion. All
samples will be made available for inspection by all Bidders.
Samples must be an exact and true representation of the actual Products that will be offered in
response to the Invitation to Bid. Samples shall be provided at no cost to the City.
Failure to comply with each of the above requirements with respect to a proposed Alternate
Product shall result in the City rejecting the Alternate as an acceptable “or equal” for a specified
brand.
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2.23
Initial Evaluation of Samples: Upon receipt of the samples, a committee of City employees (the
“Evaluation Committee”) will conduct an initial evaluation to determine whether the samples
appear to be “or equal” Alternates for the brand names listed in Section 8 of this ITB. In making
this determination, the Evaluation Committee will inspect the samples received for compliance
with the Specifications.
During the initial evaluation phase, the City reserves the right to contact Bidders as the City
deems necessary with questions or concerns regarding the samples submitted or with requests for
additional documentation, samples or information. Bidders must promptly comply with all such
requests. It is the Bidder’s responsibility to prove to the City that each proposed sample is equal
to or better than the grade or quality of the brand name specified.
The City will evaluate the merits of the grade or quality of product specified based on the
information furnished by the Bidder. The City is not responsible for locating or obtaining any
information not identified in the Invitation to Bid. The City shall be the sole judge in determining
the product acceptability of all “Or Equal” products.
2.24
Statutory Requirements: Any Bid submitted in response to this ITB shall be deemed to include
full conformance with all statutory requirements of North Carolina and all statutory requirements
of the Federal Government, to the extent applicable. It is up to each Bidder to conduct its own
due diligence as to what statutory requirements may apply.
2.25
Guarantor: If the Bidder is a subsidiary of another entity, the City requires that the Bidder’s
parent entity provide a guarantee of payment of all of the Bidder’s obligations under the Contract.
The City may also require that the Bidder obtain a guaranty from an entity other than the parent if
the City concludes that such guaranty would be beneficial to protect the City’s interest. If the
Bidder is not a subsidiary, the City may require that the Bidder obtain a guaranty of payment
from another entity if the City concludes that such guaranty would be beneficial to protect the
City’s interest. If a guarantor is required, the Bidder must: (a) identify a guarantor that is
acceptable to the City, (b) provide the City with the same financial information about the
guarantor that the Bidder is required to provide about itself under this ITB; and (c) provide the
City with a signed, legally binding guaranty agreement from the approved guarantor that is
acceptable to the City in the City’s sole discretion. Failure to comply with the forgoing shall be
grounds for rejection of the Bidder’s Bid.
2.26
Award Criteria: The City reserves the right to award a Contract to the lowest responsive
responsible bidder that meets the requirements of this ITB, taking into consideration vendor
qualifications and experience, quality, product and services offerings, catalog pricing, delivery,
workmanship, services, financial qualifications, inventory control and reporting and all criteria
included in Section 3.5. The City reserves the right to reject any bid on the basis of function,
compatibility with user requirements of utility as well as cost.
2.27
Environmental Preferable Purchasing: The City promotes the practice of Environmentally
Preferable Purchasing (EPP) in acquiring products or services. Applicable EPP attributes that
may be taken into consideration as environmental criterion include the following:
Recycled content
Renewable resources
Recyclability
Packaging
Biodegradability
Reduced toxicity
Energy and water efficiency
Low volatile organic compounds
Durability
Take back options
Environmentally Preferable Products have a lesser or reduced effect on human health and the
environment when compared with competing products that serve the same purpose. This
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Section 2
Instructions to Bidders
comparison may consider raw materials acquisition, production, manufacturing, packaging,
distribution, reuse, operation, maintenance, or disposal of the product.
Bidders able to supply Products or Services containing any of the applicable environmentally
preferable attributes that meet performance requirements are encouraged to offer them in their
Bids. Bidders must provide certification of environmental standards and other environmental
claims, such as recycled content and emissions data or a formal statement signed by a senior
company official.
2.28
Contract Award by Charlotte City Council: The Contract to be awarded under this ITB must
be approved by the Charlotte City Council. If such approval is granted, the Procurement Services
Division will provide the Contract to the Bidder for the Bidder to sign and return. In the event
City Council approval is not received within one hundred twenty (120) calendar days after
opening of the Bids, the Bidder may request that it be released from the Bid.
2.29
Post Award Conference: A Post-Award Conference will be scheduled as soon as practical after
the award of the Contract. The Company shall attend the conference along with the Company’s
prospective Project Manager and any anticipated major subcontractors, and shall provide at such
conference a written schedule for the delivery of any Products or Services for which no delivery
dates have been specified in this ITB. The Company shall provide at least two (2) local telephone
numbers that may be used to contact the Company’s authorized representative in the event of an
emergency after normal business hours.
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Solicitation Schedule and Process
3.0
Solicitation Schedule and Process
The key events and deadlines for this solicitation are as follows, some of which are set forth in
more detail in the sections that follow:
DATE
March 21, 2011
EVENT
Issuance of ITB. The City of Charlotte issues this ITB.
April 5, 2011
Invitation to Bid Acknowledgement. Suppliers who
intend to submit a Bid shall submit the ITB
Acknowledgement Form on this date to the fax number
listed in Section 8 Form One.
April 5, 2011
Submission of Written Questions Prior to Pre-Bid
Conference. Suppliers are permitted to submit written
questions, but only for purposes of clarifying this ITB.
All submissions must be faxed or preferably e-mailed to
Karen Ruppe at the address and number listed in Section
3.3 (C). Questions are due by 5 p.m. EDT on March 29,
2011.
April 6, 2011
Pre-Bid Conference. All interested Suppliers are highly
encouraged to attend.
April 8, 2011
Submission of Written Questions After the Pre-Bid
Conference.
April 20, 2011
Bid Submission. Bids are due by 2:00 p.m. EDT on April
20, 2011, at the Procurement Services Division, CMGC
9th Floor. All Bids will be time-stamped upon receipt and
held in a secure place until this date.
April 23, 2011
– May 12, 2011
Evaluation of Bids
June 13, 2011
Contract Award by City Council.
September 1,
Contract effective date. Supplier begins providing all
2011
Products and Services.
Note: All dates are subject to change per written addendum.
3.1
Intent to Propose.
Please acknowledge receipt of this ITB via e-mail or facsimile by April 5, 2011 using the Bid
Acknowledgement Form located in Section 9, Form One. Complete the form in its entirety
advising the City of Charlotte of your firm’s intention to submit or not submit a Bid. E-mail or
Fax the completed and signed form to Karen Ruppe per Section 2.7.
3.2
A pre-bid conference for the purpose of reviewing the ITB and answering questions regarding the
Project will be held on April 6, 2011 at 9:00 a.m. EDT, at the City of Charlotte Government
Center, 600 East Fourth Street, basement level conference room #CH-14, Charlotte, North
Carolina 28202. Please bring a copy of the ITB with you at that time.
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3.3
Exceptions to Invitation to Bid.
Each Bid submitted in response to this Invitation to Bid constitutes a binding offer to comply
with all terms, conditions, special conditions, specifications, and requirements stated in this
Invitation to Bid, except to the extent that a Bidder takes exception to such provisions in the
manner required by this section. To take exception to a provision of this Invitation to Bid, the
Bidder must clearly identify in its Bid response each of the following: (a) the number and title of
each section that the Bidder takes exception to; (b) the specific sentence within such section that
the Bidder takes exception to; and (c) any alternate provision proposed by the Bidder. Bidders are
reminded that a material variance from the terms of this Invitation to Bid may result in the Bid
being rejected by The City of Charlotte.
3.4
Multiple Awards
Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure
that any ensuing Master Agreements fulfill current and future requirements of the diverse and
large number of Participating Public Agencies.
3.5
Evaluation of Bids
The City of Charlotte will evaluate Bids in accordance with, and subject to, the relevant statutes,
ordinances, rules and regulations that govern its procurement practices.
U.S. Communities Advisory Board members and other Participating Public Agencies will assist
the Lead Public Agency in evaluating bids. The Bidder(s) that respond(s) affirmatively and
meets the criteria set forth in this Invitation to Bid will be eligible for a contract award. U.S.
Communities reserves the right to make available or not make available Master Agreements
awarded by a Lead Public Agency to Participating Public Agencies.
To be deemed responsive, it is important for the Bidder to provide appropriate detail to
demonstrate satisfaction of each criterion and compliance with the performance provisions
outlined in this ITB. The Bidder’s bid will be the primary source of information used in the
evaluation process. Failure of any Bidder to submit information requested may result in the
elimination of the Bid from further evaluation.
The Evaluation Team alone will determine the responsive, responsible Bidder(s) whose bid is
most advantageous to the Lead Public Agency and potential Participating Public Agencies, based
on the following criteria:
A. Compliance with the terms and conditions of the ITB;
B. Ability to meet the performance requirements of this ITB;
C. Experience, Background, Qualifications, Capability, Marketing, (including past
performances, administration, management capabilities);
D. Products and services offerings (extent of offerings);
E. Discount/rebate schedules;
F. Pricing on Sample Item Lists (Attachment 1 and 2)
G. Catalog pricing on complete offering;
H. Cost effectiveness and Value;
I. Financial Qualifications;
J. Company Environmental Initiatives;
K. References
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The Bidders submitting the best solutions and most competitive bids may be invited for an
interview and presentation.
The City of Charlotte reserves the right to accept any item or group of items on a multi-item bid.
In addition, the Lead Public Agency reserves the right to make a single, partial, progressive or
multiple awards: where it is advantageous to award separately by items; or where more than one
Bidder is needed to provide the requirements as to quantity, quality, delivery, service or other
factors deemed by the City of Charlotte and potential Participating Public Agencies to be
pertinent to the purchase in question.
3.6
Contract Award
As soon as practical after receiving and evaluating the Bids, a recommendation for contract(s)
award will be submitted to the City Council for final approval. If approved by Council, the
Procurement Services Division will provide Contract documents to the Vendor. In the event
Council approval is not received within one hundred twenty (120) calendar days after opening of
the Bids, the vendor may request that it be released from the Bid.
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Terms and Conditions
Each Bid submitted in response to this ITB constitutes an offer to become legally bound to a Contract
incorporating terms and conditions set forth in this ITB. For purposes of this Section, a Bidder that enters
into a Contract with the City may be referred to as the “successful Bidder” or the “Company.”
4.1
Contract Types: The Contract resulting from this Invitation to Bid will be of the type indicated
below:
Indefinite Quantity: The Contract will be a unit price contract for an indefinite amount of
Products and Services to be furnished at specified times, or as ordered. In some cases, indefinite
quantity contracts may state a minimum quantity that the City is obligated to order. The City may
make available to Bidders information regarding the City’s purchase history or projected
estimates of the approximate quantity of Products that will be needed. The City makes no
representations as to the accuracy of such information. Each Bidder is required to perform its own
due diligence on which to base its bid. Inaccuracy of purchase history or projected quantity
estimates provided by the City will not give rise to any claim against the City, or entitle any
Bidder to rescind its bid or terminate or amend the Contract.
4.2
Terms of Contract:
Unit Price Contract: Contract awarded is for a unit price when product and service needs are
based upon indefinite quantities, and where orders will be based on actual needs that may exceed
or be less than projections. All expenditures under a unit price contract are contingent upon
appropriations having been made by Charlotte City Council.
Contract Terms and Renewal Options: The contract term shall be for a period of three (3)
years from the effective date of contract. The City at its option may extend the contract for up to
three (3) additional one-year extensions unless the Bidder objects in writing at least ninety (90)
days prior to the beginning of the extension term.
4.3
Notice to Proceed: The successful Bidder shall not commence work or make shipment under this
Invitation to Bid until duly notified by receipt of an executed Contract from the City. If the
successful Bidder commences work or makes shipment prior to that time, such action is taken at
the Bidder's risk, without any obligation of reimbursement by the City.
4.4
Delivery Time: When delivery time is requested in this Invitation to Bid, (whether in the form of
a specific delivery date or maximum number of days for delivery) time is of the essence. Each
Bid shall be deemed a binding commitment of the Bidder to meet the delivery time stated herein
unless the Bid specifically takes exception. If such delivery time is not met, the City shall be
entitled to terminate the Contract immediately for default and/or exercise any other remedies
available at law or in equity.
4.5
Prices Are Firm: Each Bidder warrants the bid price(s), terms and conditions quoted in its bid
shall be firm for acceptance by the City for a period of one hundred twenty (120) calendar days
from the date of the Bid opening. Once award is made and a Contract is in place, prices shall
remain firm and fixed for the entire Contract period, unless otherwise allowed in the Special
Conditions and stated in the Bid. If your Bid includes price increases over the term of the
Contract, such increases must be clearly designated on Form Three of the Bid Response Package
(Pricing Sheet).
4.6
Prompt Payment Discounts: Bidders are urged to compute all discounts into the price offered.
If a prompt payment discount is offered, it will not be considered in the award of the contract
except as a factor to aid in resolving cases of identical prices.
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4.7
Quality: Unless this Invitation to Bid specifically states otherwise for a particular item, all
components used to manufacture or construct any supplies, materials or equipment or Products
provided under this Invitation to Bid shall be: (a) new; (b) the latest model; (c) of the best quality
and highest grade workmanship; and (d) in compliance with all applicable federal, state and local
laws, regulations and requirements. By “new”, the City means that the item has been recently
produced and has not been previously sold or used.
Whenever this Invitation to Bid or any other part of the Contract states that a Product or Service
shall be in accordance with laws, ordinances, building codes, underwriter’s codes, applicable
A.S.T.M. regulations or similar expressions, the requirements of such laws, ordinances, etc., shall
be construed to be minimum requirements that are in addition to any other requirements that may
be stated in this Invitation to Bid or the Contract.
4.8
Inspection at Bidder’s Site: The City reserves the right to inspect the equipment, plant, store or
other facilities of a Bidder prior to Contract award, and during the Contract term from time to
time as the City deems necessary to confirm that such equipment, plant, store or other facilities
conform with the Specifications and are adequate and suitable for proper and effective
performance of the Contract. Such inspections shall be conducted during normal business hours
and upon at least three (3) day’s notice to the Bidder (except that a store may be inspected at any
time during regular store hours without notice).
4.9
Preparation For Delivery:
(A) Condition and Packaging. All containers/packaging shall be suitable for handling, storage
or shipment, without damage to the contents. The Bidder shall make shipments using the
minimum number of containers consistent with the requirements of safe transit, available
mode of transportation routing. The Bidder will be responsible for confirming that packing
is sufficient to assure that all the materials arrive at the correct destination in an undamaged
condition ready for their intended use.
(B) Marking. All cartons shall be clearly identified with the City purchase order number and the
name of the department or key business making the purchase. Packing lists must be affixed to
each carton identifying all contents included in the carton. If more than one carton is
shipped, each carton must be numbered and must state the number of that carton in relation to
the total number of cartons shipped (i.e. 1 of 4, 2 of 4, etc.).
(C) Shipping. The Bidder shall follow all shipping instructions included in this Invitation to Bid,
the City’s purchase order or in the Contract with the City.
4.10
Acceptance of Products/Services: The Products delivered under this Invitation to Bid shall
remain the property of the successful Bidder until the City physically inspects, actually uses and
accepts the Products. In the event Products provided to the City do not comply with the Contract,
the City shall be entitled to terminate the Contract upon written notice to the successful Bidder
and return such Products (and any related goods) to the Bidder at the Bidder’s expense. In the
event the Services provided under this Invitation to Bid do not comply with the Contract, the City
reserves the right to cancel the Service and rescind any related purchase of products upon written
notice to the successful Bidder. The remedies stated in this Section are in addition to and without
limitation of any other remedies that the City may have under the Contract, at law or in equity.
4.11
Guarantee: Unless otherwise specified by the City, the Bidder unconditionally guarantees the
materials and workmanship on all Products and Services. If, within the guarantee period any
defects occur due to a faulty Product or Services (including without limitation a failure to comply
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with the Specifications), the Bidder at its expense, shall repair or adjust the condition, or replace
the Product and/or Services to the complete satisfaction of the City. These repairs, replacements
or adjustments shall be made only at such time as will be designated by the City to ensure the
least impact to the operation of City business.
4.12
Manufacturer or Dealer Advertisement: No manufacturer or dealer shall advertise on Products
delivered to the City without prior approval by the City.
4.13
Right to Cover: If the successful Bidder fails to comply with any term or condition of the
Contract or the Bidder’s response to this Invitation to Bid, the City may take any of the following
actions with or without terminating the Contract, and in addition to and without limiting any other
remedies it may have:
(A) Employ such means as it may deem advisable and appropriate to obtain the applicable
Products and/or Services (or reasonable substitutes) from a third party; and
(B) Recover from such Bidder the difference between what the City paid for such Products and/or
Services on the open market and the price of such Products and/or Services under the
Contract or the Bidder’s response to this Invitation to Bid.
4.14
Right to Withhold Payment: If a Bidder breaches any provision of the Contract, the City shall
have the right to withhold all payments due to the Bidder until such breach has been fully cured.
4.16
Certification of Independent Price Determination: By submission of a Bid, the Bidder
certifies, and in the case of a joint Bid each party thereto certifies as to its own organization, that
in connection with this procurement:
(A) The prices in the Bid have been arrived at independently, without consultation,
communication, or agreement, for the purpose of restricting competition, as to any matter
relating to such prices with any other Bidder or with any competitor; and
(B) Unless otherwise required by law, the Bidder has not knowingly disclosed the prices that
have been quoted in this bid directly or indirectly to any other Bidder or to any competition
prior to the opening of the bid.
(C) No attempt has been made or will be made by the Bidder to induce any other person or firm
to submit or not to submit a Bid for the purpose of restricting competition.
4.17
Subcontracting: The Company shall not subcontract any of its obligations under this Contract
without the City’s prior written consent. In the event the City does consent in writing to a
subcontracting arrangement, Company shall be the prime contractor and shall remain fully
responsible for performance of all obligations which it is required to perform under this Contract.
Any subcontract entered into by Company shall name the City as a third party beneficiary.
4.18
Compliance with Laws: All Products and Services delivered under this Invitation to Bid shall
be in compliance with all applicable federal, state and local laws, regulations and ordinances. In
performing the Contract, the successful Bidder shall obtain and maintain all licenses and permits,
and comply with all federal, state and local laws, regulations and ordinances.
4.19
City License Requirement: A current City of Charlotte and/or Mecklenburg County Business
License is required for a successful Bidder who either personally or through agents, solicits
business within City limits; or picks up and/or delivers Products or delivers Services within City
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Terms and Conditions
limits. All questions regarding licensing should be directed to the Business Tax Collections
Office, 704-336-6315.
4.20
No Liens: All Products shall be delivered and shall remain free and clear of all liens and
encumbrances.
4.21
Other Remedies: Upon breach of the Contract, each party may seek all legal and equitable
remedies to which it is entitled. The remedies set forth herein shall be deemed cumulative and
not exclusive and may be exercised successively or concurrently, in addition to any other
available remedy.
4.22
Amendment: No amendment or change to the Contract shall be valid unless in writing and
signed by both parties to the Contract.
4.23
Governing Law and Jurisdiction: North Carolina law shall govern the interpretation and
enforcement of the Contract, and any other matters relating to the Contract (all without regard to
North Carolina conflicts of law principles). All legal actions or other proceedings relating to the
Contract shall be brought in a state or federal court sitting in Mecklenburg County, North
Carolina. By submitting a response to this Invitation to Bid, the parties submit to the jurisdiction
of said courts and hereby irrevocably waive any and all objections that they may have with
respect to venue in any court sitting in Mecklenburg County, North Carolina.
4.24
Binding Nature and Assignment: The Contract shall bind the parties and their successors and
permitted assigns. Neither party may assign the Contract without the prior written consent of the
other. Any assignment attempted without the written consent of the other party shall be void.
For purposes of this Section, a Change in Control, as defined in this Invitation to Bid shall
constitute an assignment.
4.25
No Delay Damages: Under no circumstances shall the City be liable to the successful Bidder for
any damages arising from delay, whether caused by the City or not.
4.26
Force Majeure: Neither party shall be liable for any failure or delay in the performance of its
obligations pursuant to the Contract, and such failure or delay shall not be deemed a default of the
Contract or grounds for termination hereunder if all of the following conditions are satisfied:
(A)
If such failure or delay:
1.
could not have been prevented by reasonable precaution;
2.
cannot reasonably be circumvented by the non-performing party through the use of
alternate sources, work-around plans, or other means; and
3.
if, and to the extent, such failure or delay is caused, directly or indirectly, by fire,
flood, earthquake, hurricane, elements of nature or acts of God, acts of war,
terrorism, riots, civil disorders, rebellions or revolutions or court order.
(B)
An event that satisfies all of the conditions set forth above shall be referred to as a “Force
Majeure Event.” Upon the occurrence of a Force Majeure Event, the affected party shall
be excused from any further performance of those of its obligations which are affected by
the Force Majeure Event for as long as (a) such Force Majeure Event continues and (b)
the affected party continues to use reasonable efforts to recommence performance
whenever and to whatever extent possible without delay.
(C)
Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify
the other by telephone (to be confirmed by written notice within five (5) days of the
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Terms and Conditions
inception of the failure or delay) of the occurrence of a Force Majeure Event and shall
describe in reasonable detail the nature of the Force Majeure Event. If any Force
Majeure Event prevents the successful Bidder from performing its obligations for more
than fifteen (15) days, the City shall have the right to terminate the Contract by written
notice to the successful Bidder.
(D)
Notwithstanding anything contained herein to the contrary, strikes, slow-downs,
walkouts, lockouts, and industrial disputes of the successful Bidder or its subcontractors
shall not constitute “Force Majeure Events” and are not excused under this provision.
Nothing in the preceding Force Majeure provisions shall relieve the successful Bidder of
any obligation it may have regarding disaster recovery, whether under the Contract or at
law.
4.27
Severability: The invalidity of one or more of the phrases, sentences, clauses or sections
contained in the Contract shall not affect the validity of the remaining portion of the Contract so
long as the material purposes of the Contract can be determined and effectuated. If any
provision of the Contract is held to be unenforceable, then both parties shall be relieved of all
obligations arising under such provision, but only to the extent that such provision is
unenforceable, and the Contract shall be deemed amended by modifying such provision to the
extent necessary to make it enforceable while preserving its intent.
4.28
No Publicity: No advertising, sales promotion or other materials of the successful Bidder or its
agents or representations may identify or reference the Contract or the City in any manner
without the prior written consent of the City. Notwithstanding the forgoing, the parties agree that
the successful Bidder may list the City as a reference in responses to requests for Bids, and may
identify the City as a customer in presentations to potential customers.
4.29
Waiver: No delay or omission by either party to exercise any right or power it has under the
Contract shall impair or be construed as a waiver of such right or power. A waiver by either party
of any covenant or breach of the Contract shall not constitute or operate as a waiver of any
succeeding breach of that covenant or of any other covenant. No waiver of any provision of the
Contract shall be effective unless in writing and signed by the party waiving the rights.
4.30
Survival of Provisions: Those Sections of the Contract and the Exhibits, which by their nature
would reasonably be expected to continue after the termination of the Contract shall survive the
termination of the Contract, including but not limited to all definitions and a list of surviving
Sections which will be included in the final Contract.
4.31
Change In Control: In the event of a change in “Control” of the successful Bidder (as defined
below), the City shall have the option of terminating the Contract by written notice to the
successful Bidder. The Company shall notify the City within ten (10) days of the occurrence of a
change in control. As used in the Contract, the term “Control” shall mean the possession, direct
or indirect, of either (i) the ownership of or ability to direct the voting of, as the case may be fiftyone percent (51%) or more of the equity interests, value or voting power in the successful Bidder
or (ii) the power to direct or cause the direction of the management and policies of the successful
Bidder whether through the ownership of voting securities, by contract or otherwise.
4.32
Commercial Non-Discrimination: The City has adopted a Commercial Non-Discrimination
Ordinance that is set forth in Section 2, Article V of the Charlotte City Code, and is available for
review on the City’s website (the “Non-Discrimination Policy”). As a condition of entering into
this Contract the Company agrees to comply with the Non-Discrimination Policy, and consents to
be bound by the award of any arbitration conducted thereunder. As part of such compliance, the
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Company shall not discriminate on the basis of race, gender, religion, national origin, ethnicity,
age, or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors,
suppliers, or commercial customers in connection with a City contract or contract solicitation
process, nor shall the Company retaliate against any person or entity for reporting instances of
such discrimination. The Company shall provide equal opportunity for subcontractors, vendors
and suppliers to participate in all of its subcontracting and supply opportunities on City contracts,
provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to
remedy the effects of marketplace discrimination that has occurred or is occurring in the
marketplace.
As a condition of entering into the Contract, the Company agrees to: (a) promptly provide to the
City all information and documentation that may be requested by the City from time to time
regarding the solicitation, selection, treatment and payment of subcontractors in connection with
this Contract; and (b) if requested, provide to the City within sixty days after the request a truthful
and complete list of the names of all subcontractors, vendors, and suppliers that Company has
used on City contracts in the past five years, including the total dollar amount paid by Company
on each subcontract or supply contract. The Company further agrees to fully cooperate in any
investigation conducted by the City pursuant to the City’s Non-Discrimination Policy, to provide
any documents relevant to such investigation that are requested by the City, and to be bound by
the award of any arbitration conducted under such Policy.
The Company agrees to provide to the City from time to time on the City’s request, payment
affidavits detailing the amounts paid by Company to subcontractors and suppliers in connection
with this Contract within a certain period of time. Such affidavits shall be in the format specified
by the City from time to time.
The Company understands and agrees that violation of this Commercial Non-Discrimination
provision shall be considered a material breach of this Contract and may result in contract
termination, disqualification of the Company from participating in City contracts and other
sanctions.
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Section 5
Special Conditions
In this Section of the ITB, a Bidder that enters into a Contract with the City may be referred to as the
“successful Bidder” or the “Company.”
5.1
Price Adjustment As Part of the Bid: To submit price adjustments as part of your Bid, you
must: (a) comply with any limitations or instructions that are stated in this ITB; and (b) state very
clearly in the Price Sheet of your Bid Response Forms the proposed price adjustments or, if
permitted, the price adjustment formula. Restrictions and instructions regarding price adjustments
are provided in the Bid Response Forms. It is important that you check for these restrictions and
instructions carefully. In some instances price adjustments are not permitted as part of the Bid.
In other instances formula price increases are prohibited due to the difficulty they create in
comparing Bid prices.
5.2
Price Adjustment If Not Included As Part of the Bid: If price adjustments are not included in
your Bid, the price(s) stated in your Bid shall apply for the entire term of the Contract unless the
City approves a price adjustment in writing in accordance with the following terms:
A.
Price increases shall only be allowed when justified in the City’s sole discretion based on
legitimate, bona fide increases in the cost of materials. No adjustment shall be made to
compensate a Bidder for inefficiency in operation, increase in labor costs, or for
additional profit.
B.
To obtain approval for a price increase, the Bidder shall submit a written request to the
Procurement Services Division representative, at the address listed below, together with
written documentation sufficient to demonstrate that the increase is necessary based on a
legitimate increase in the cost of materials. The request must state and fully justify the
proposed price increase per unit over the price originally bid.
City of Charlotte
BSS/Procurement Services Division
600 East Fourth Street
Charlotte, NC 28202
C.
No proposed price increase shall be valid unless accepted by the City in writing. The
City may approve such price increase for the remaining term of the Contract or for a
shorter specified period, in the City’s sole discretion. If the City rejects such price
increase, the Bidder shall continue performance of the Contract.
D.
If the City approves a price increase pursuant to this Section and the market factors
justifying the increase shift so that the increase is no longer justified, the City shall have
the right to terminate the price increase and revert back to the prices that were in effect
immediately prior to the increase. The Company shall notify the City in writing if the
market factors on which the City granted the increase change such that the City’s reasons
for granting the increase longer apply.
5.3
Options and Accessories: The City may in its discretion purchase from the successful Bidder
options and accessories beyond what is called for in the Specifications, provided that such
purchase does not create unfairness so as to defeat the purpose of the bid statutes, and provided
the City is authorized by law to make such purchases without a formal bid process.
5.4
Documentation: The successful Bidder will provide for all Products purchased under this
Invitation to Bid written or electronic documentation that is complete and accurate, and sufficient
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Special Conditions
to enable City employees with ordinary skills and experience to utilize such Products for the
purpose for which the City is acquiring them.
5.5
Design and/or Manufacturer Requirement: All Products and Services shall meet the
Specifications set forth in Section 6 and Attachments 1 and 2 of this ITB.
5.6
Contract Monitoring: The City shall have the right to audit the Company’s compliance with the
terms and conditions of the Contract at such times as the City deems appropriate. Unless the City
elects to terminate the Contract, the successful Bidder shall develop a written action plan to
correct any Contract deficiency identified during these compliance audits, and shall submit such
plan to the City within thirty (30) days of notification of non-compliance.
5.7
Site Visit: At the option of the City, a plant and facility inspection may be required as described
under Section 4.8 of this Invitation to Bid.
5.8
Reporting: The Company shall provide such written reports of purchasing and expenditures as
may be requested by the City from time to time, including without limitation any reports
described in the Specifications.
5.9
Audit: During the term of the Contract and for a period of three (3) years after termination or
expiration of this Contract for any reason, the City shall have the right to audit, either itself or
through a third party, all books and records (including but not limited to the technical records)
and facilities of the Company necessary to evaluate Company’s compliance with the terms and
conditions of the Contract or the City’s payment obligations. The City shall pay its own expenses,
relating to such audits, but shall not have to pay any expenses or additional costs of the Company.
However, if non-compliance is found that would have cost the City in excess of $5,000 but for
the audit, then the Company shall be required to reimburse the City for the cost of the audit.
5.10
Liquidated Damages: The Company acknowledges and agrees that the City may incur costs if
the Company fails to meet the certain requirements set forth in the Specifications (including
without limitation the opening date requirement, delivery times, inventory levels, accurate
invoices and reporting requirements). The Company further acknowledges and agrees that: (a)
the City may be damaged by such failures, including loss of goodwill and administrative costs;
but that (b) the costs that the City might reasonably be anticipated to accrue as a result of such
failures are difficult to ascertain due to their indefiniteness and uncertainty. Accordingly, the
Company agrees to pay liquidated damages at the rates set forth in the Specifications. The parties
agree that the liquidated damages set forth in the Specifications shall be the City’s exclusive
remedy for loss of goodwill and administrative costs, attributable to a failure by the Company to
meet such delivery times, but shall not be the remedy for the cost to cover or other direct
damages.
5.11
Background Checks.
The Company agrees that it has conducted or will conduct background checks on all personnel
who will be working at the Charlotte service facility or delivering Products or Services under the
Contract. The Company will conduct such background checks prior to the personnel
commencing work hereunder, whether as part of the Company’s standard pre-employment
screening practices or otherwise. The Company will complete a background check on an annual
basis for each person working at the Charlotte facility. Background check will include at a
minimum:
a.
Criminal records search,
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b.
c.
Identification verification; and
Proof of authorization to work in the United States.
The Company agrees if any personnel do not meet the background qualifications, he/she shall not
be assigned to perform services under this Contract. The Company will notify the City
immediately if a background check reveals any conviction(s). If there is any question as to
whether any personnel meets the background qualifications, prior to assignment of any Services
under this Contract, the Company shall contact the City immediately.
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Scope of Work
6.1
Scope of Work
The scope of this contract shall be to provide new repair, replacement, and service parts, shop
chemicals, and related items and services to the City of Charlotte and other participating public
agencies. The City’s Equipment Management Division (EMD) requires new, highest quality or
grade parts for a broad variety of vehicles and equipment including but not restricted to,
automobiles, light and medium duty trucks, SUVs, fire apparatus, buses, and construction
equipment. Bidders must submit Bids on complete manufacturer lines of new replacement and
repair parts and components to accommodate the City’s requirements.
Bidders are required to address each of the following components of this ITB in writing as part of
their bid response. Bids that fail to include all information requested may be deemed nonresponsive.
Participating Public Agencies may have additional specific requirements that might not be a
requirement of the Lead Public Agency. The Bidder agrees to provide additional information or
documentation to Participating Public Agencies as may be required per the Master
Intergovernmental Cooperative Purchasing Agreement (between the Lead Public Agency and the
Participating Public Agency).
6.1
6.2
General Requirements
6.1.1 All Products offered shall be new, highest quality or grades available and meet all the
requirements of these specifications and be in operating condition at time of delivery. All
parts listed on this ITB Bid response must be of the highest quality, and most recently
issued models. No parts other than the best quality will be considered for purposes of this
ITB. While it is understood by all Parties involved, that a quality comparison/study is not
practical in many situations, the supplier will be held directly responsible for substituting
a sub-standard, or less than highest grade product called for in the application. Verifiable
substitution of lesser grade parts may constitute grounds for contract termination, or other
action at the sole discretion of The City of Charlotte. Reference of brand names, style,
and or model numbers is used to denote the product currently in use by the City of
Charlotte that is compatible with existing products or equipment.
6.1.2
Bidder must be an authorized distributor for each manufacturer of product lines offered to
the City in the Bid response. The City shall be entitled to conduct or require a pre-award
facility inspection and evidence of industry certifications. The Bidder may be required to
submit a certificate for each Product manufacturer line offered. The certificate must state
that the Bidder is authorized to supply such Products and Services.
6.1.3
All Products must be rated and classified for each category and application they are to be
used on.
Pricing.
Bidders must submit a fixed percentage discount off the Bidders most current retail catalog,
manufacturer’s list price, or other verifiable index for all automotive parts, components,
accessories, and all other Products and Services offered by the Bidder, for the life of the contract.
The discount percentages offered will apply to the entire parts catalog for the brand and category
listed. Prices must include shipping, handling, and delivery, manufacturer mark up, profit, item
cost and storage. No other charges will be allowed.
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All catalogs, and manufacturer price lists must be identified and a copy included in the Bid
response. The City may request documentation from manufacturer verifying list prices at any
time.
The City of Charlotte reserves the right to add automotive parts and supplies, as they are deemed
necessary to be part of this contract. Both parties shall agree, in writing, upon any items added to
the contract after the initial award. No Product items can be excluded from the quoted list price
based on gross profit floors, vendor costs, sourcing methods, or changing market conditions.
6.3.1
Sample Products List.
1. Pricing submitted on Attachments 1 and 2 are for price comparison and verification
of discount purposes only. The Bidder should not consider the Attachments 1 and 2
as “core” or high volume item list. The pricing submitted on Attachments 1 and 2
does not solely determine lowest bidder. Bids must comply with all requirements of
this ITB and provide the broadest and most comprehensive product offering possible.
2. Bidders must submit unit pricing on the Products provided as Attachments 1 and 2
using the discounts stated on Four 4 (Section 8). The pricing sheets must be
submitted in hard copy and also on CD in Excel or other searchable format.
3. Sample Products lists pricing (Attachment 1 and 2) must indicate whether the item is
an exact match or provide an alternate in the appropriate fields. The City’s decision
shall be final and conclusive in determining the equality of alternatives.
4. Pricing must include manufacturer part number, discount applied, and extended
net/contract price after discount.
5. DO NOT include any tax in your pricing.
6. Bidders are cautioned to carefully review each item and pay special attention to the
unit of measure for each item. Please be sure to bid the unit of measure designated
that may be different from your selling unit.
6.3.2
Catalog Price Lists.
Bidders must include a complete price list of all catalog items and services offered that
are not included in the Sample Products List (Attachment 1 & 2) on a CD. Pricing must
be in the Excel format set forth in Attachment 3. Please provide separate price list for
Light, Medium and Heavy Duty Vehicles if applicable. Services must be itemized using
an hourly rate. Bidders must provide the broadest and most comprehensive product
offering possible.
6.3.3
Pricing Incentives and Rebates.
Please identify any incentives and rebates offered based on volume, dollar amounts,
electronic ordering or other criteria.
The Lead Public Agency will evaluate any rebate stipulations or contingencies to
determine which discount structure is in the best interest of the City and the Participating
Public Agencies. The Lead Public Agency reserves the right to determine the most
favorable pricing structure and any such determination shall be final and conclusive.
6.3.4
Price Adjustments.
All bids shall remain firm for the first term (one year) of the subsequent Contract
(through August 31, 2012). Bidders may request price increases for consideration at
least sixty (60) days prior to each anniversary of the Contract effective date. All requests
must be submitted in writing to the City of Charlotte Procurement Services Division
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along with documentation of bona fide materials and labor increases for the cost of
Products. No adjustments shall be made to compensate a Bidder for inefficiency in
operation or for additional profit. Price decreases shall be accepted at any time during the
term of the contract. Price increases will only be considered for those items with a
published manufacturer’s price increase. The Company shall provide a comparison of
previous year prices and proposed new prices, showing the percent (%) difference. Price
increases will not be considered more than once annually.
6.4
Placement of Orders.
The Bidder must have the proven ability to allow electronic access to product information and
ordering. Orders may be placed via purchase orders, on-line using Internet technology or via the
telephone or fax. Bids must address the following:
1.
2.
3.
4.
5.
6.
7.
6.5
Percent (%) of time orders filled correctly;
Percent (%) of time items are back ordered;
Backorder policy;
Percent (%) of time orders are delivered within contract time;
Return policy;
Retail store locations; and
Policy for over the counter purchases.
Electronic Commerce.
All Bids must address the following required features and functionalities of the Bidder’s Internet
ordering capabilities at no additional cost to the City:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Ability to set up individual users;
Ability to set up and maintain multiple accounts, and ship to locations for each user;
Product comparison tools;
Quick order feature;
Automated order confirmation (e-mail);
Technical Support. Please explain offering in detail and include hours of operation;
Ability to set product preferences based on the City specifications;
Product availability and real time pricing and inventory;
Ability to create custom shopping lists;
Ability to save a shopping cart and complete the check-out process at a later time;
Order tracking capabilities;
Schedule deliveries for a later date and include parameters;
On-line reports that designated City staff can produce;
Ability to add or change ship to locations;
Please provide a dummy login and password for access to your on-line ordering system for
review.
16. Capability to display picture and full description for every item.
17. On-line returns capability.
6.5.2
Reporting capabilities.
Bidder must be able to provide the City with monthly, quarterly, and annual electronic
usage reports with product level detail, including the following:
1. Ability to sort the history of purchases by product type (i.e. belts, emissions, engine,
etc.), by account, or ship-to location;
2. Ability to produce recycled products purchased reports;
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3. Bids must include sample reports for a current government customer that
demonstrates these reporting capabilities.
6.6
6.5.3
Billing capabilities.
1. Electronic billing options;
2. Customized billing options;
3. Invoice options;
4. Frequency options;
5. Sorting Capabilities; and
6. Media Types
6.5.4
Procurement Cards (P-cards).
Bidder must accept City issued p-cards on-line or in retail stores. P-cards must be linked
to contract pricing. Please address your company’s policy for accepting procurement
cards (P-cards), major credit cards and how this information is linked to contract pricing.
Bidders must be able to provide Level III data on the credit card reports. Please confirm
this requirement in your bid response.
Delivery and Inventory Performance Service Level.
All in-stock Products provided under this contract must be delivered F.O.B. to the City of
Charlotte’s designated EMD facility (see Section 6.12) within two (2) hours for all orders placed
between 7:00 a.m. and 4:00 p.m. Any regular orders placed after 4:00 p.m. must be delivered by
10:00 a.m. the next business day. Products shall be delivered in quantities and intervals as
requested by the City. The schedules will be based on the most up to date standards of Just in
Time (JIT) inventory principles and Service requirements.
Special circumstances may require the Company to make immediate delivers, in less than one (1)
hour that may not be during regular business hours or days. Bidders are expected to provide
flexibility in delivery and Services and any Products may be required at any location that may or
may not be stated. These conditions are to be maintained to minimize Fleet downtime and service
delays. If notification is given to the successful bidder of any Emergency Response or Essential
Service equipment being inoperable due to products or service issues, the supplier must be
willing and able to respond in less than one (1) hour, 24 hours per day and seven (7) days per
week.
All Participating Public Agencies will require deliveries to its specific locations. Successful
bidder must agree to provide the same delivery terms and conditions to all Participating Public
Agencies that utilize the Master Agreement though U.S. Communities.
The successful Bidder is responsible for maintaining a high level of service as it relates to
customer satisfaction and contractual performance. The successful Bidder(s) are required to assist
designated City inventory personnel in managing an efficient and reasonable level of inventory.
The Bidder must be willing to accommodate changes in volume, delivery sites, and other
reasonable requests by the City throughout the term of the Contract.
The successful Bidder(s) shall facilitate the performance of inventory turns that may include all or
part of the following:
• Smaller more frequent deliveries;
• Maintaining pre-determined inventory levels (based on min/max levels); and
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•
On-line ordering and designated personnel to “share” inventory data for availability and
delivery information.
6.6.2
Each order delivered must have a packing slip enclosed. The packing slip must clearly
show the items ordered, unit of measure, contract pricing, items enclosed and identify any
items on backorder.
6.6.3
Bids must include Company process for tracking and verifying all deliveries.
6.7
Receiving: Inventory accuracy and asset management are critical to The City and Equipment
Management Division. The Supplier is solely responsible to insure all quantities, packaging,
pricing, part numbers, and related information is correct on all shipments/parts/invoicing. Part
numbers on invoicing to The City, must match part numbers on the part labels exactly. It is the
sole responsibility of the supplier to audit any/all shipments for accuracy. No delivery is to be
“dropped off” at any EMD Shop without shipment confirmation, audit, and signature of receipt
from authorized Equipment Management personnel.
6.8
Quantities.
The City reserves the right to purchase according to actual need and does not guarantee
quantities. Multiple orders will be placed on an as needed basis during the term of the contract.
The quantities shown in the Sample Product List (Attachment 1) are estimates only for pricing
comparison purposes.
6.9
Term.
The effective date of any subsequent contract will be September 1, 2011, but is subject to change
based on final governing board approval, and appropriate transition and implementation of the
new contract. If the effective date is changed, the current vendor will be asked to continue
services for a predetermined period of time. The initial term of this contract will be for three (3)
years from the effective date with an option to renew up to three (3) additional one-year terms
under the same terms and conditions, provided that funds have been appropriated by each
governing board, and provided further that renewal terms will incorporate any price increase
agreed upon by the City pursuant to Section 5.2 of this ITB. The City shall be entitled to exercise
or decline to exercise renewal options in their sole discretion.
6.10
Returns and Restocking Charges.
The Company must pick up the Product to be returned within twenty-four (24) hours from
notification. The City will not pay restocking fees for merchandise that has been returned unless it
is a specialty item and the user department has been notified, at the time of placement of order, of
the potential restocking charge. The Company will issue a credit memo, to the City within seven
(7) calendar days of the return.
6.11
Invoicing shall be accomplished on a per job basis. Invoices shall be detailed indicating the date
of the request, job number, job description, part number, PO number, quantity, price, date of the
current manufacturer’s published government price list on which the prices in the invoice are
based and the date on which such price lists were provided to the City. Invoices shall reference
the location at which products are delivered (ship to) and the City contact name and order
number.
NOTICE***A copy of the invoice with ALL information shall be provided to the City
division that request the service, at the time and point of product delivery.
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The only exception to this process will be on-site delivery or service provided after
scheduled work hours. The City division may agree to accept a copy of the invoice within
24 hours of product delivery on this basis.
The original invoice should be mailed directly to Accounts Payable immediately. Please use
the following “Bill To” address on all invoices to the City.
City of Charlotte AP
PO BOX 37979
Charlotte, NC 28237-7979
Or PDF email to [email protected]
(Either Mail or email invoices: Do Not Do Both)
**Failure to implement and properly execute the invoicing processes listed above may delay
payment, affect purchasing/ordering decisions, and may result in termination of the contract or
other action at the sole discretion of the City.
6.12
SHIP TO ADDRESSES FOR THE CITY OF CHARLOTTE:
Louise Avenue Facility
829 Louise Avenue
Charlotte, NC 28204
New Light/Medium Facility
1031 Atando Ave
Charlotte NC
(replaces Seigle Ave. shop)
Projected operational date Sept. 2011
Siegle Avenue Shop
932 Seigle Avenue
Charlotte, NC 28205
City of Charlotte/Mecklenburg County
12th Street Shop
900 W. 12th Street
Charlotte, NC 28206
North Pointe BSS, EMD Maintenance
Facility
North Pointe Industrial Boulevard
Charlotte, NC 28216
Sweden Road Shop
4600 Sweden Road
Charlotte, NC28273
Tuckaseegee Road Shop
701 Tuckaseegee Road
Charlotte, NC 28208
All Participating Public Agencies will require deliveries to its specific locations. Successful
bidder must agree to provide the same delivery terms and conditions to all Participating
Public Agencies.
6.13
New Products and Services
New Products and Services may be added to the resulting Contract(s) during the term of the
Contract by written amendment, to the extent that those Products and Services are within the
scope of this ITB and include, but will not be limited to, new Product added to the
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Manufacturer’s catalog offerings, and services which reflect new technology and improved
functionality. All requests are subject to review and approval of The City of Charlotte.
6.14
6.15
Literature
The successful vendor will be required to furnish and/or update all price lists, catalogs, and other
literature to the City or any Participating Public Agency within fifteen (15) days of request.
Warranty
All Products provided under this ITB shall be covered by the manufacturer’s normal written
guarantee and/or warranty (minimum of one year) against defects in materials, workmanship and
performance.
6.15.2 The Company shall provide the City with two copies of the manufacturer’s written
warranty for each item of equipment.
6.15.3 It shall be the responsibility of the manufacturer to pay all shipping and crating costs
associated with warranty repairs.
6.15.4 Warranty repairs shall be performed by the Bidder at the City’s site upon request.
6.15.5 The Products warranty will become effective on the date of installation or use of the
Product by the City, but shall not exceed 24 months after receipt by the City.
6.16
Additional Warranties.
Each successful Bidder represents, warrants and agrees that: (i) the Products and Services
supplied by the Company shall satisfy all requirements and specifications set forth in this
Invitation to Bid; (ii) all Products will be free from defects in materials and workmanship; and
(iii) the Company shall comply with all applicable federal, state, and local laws and regulations
and shall obtain all applicable permits and licenses.
The successful Bidder(s) shall not violate any agreement with any third party by entering into or
performing this Contract.
The successful Bidder(s) shall unconditionally guarantee the Products and workmanship on all
materials and/or Services. If, within the guarantee period any defects occur due to faulty Products
and/or Services, the Company at their expense shall repair or adjust the condition, or replace the
Products and/or Services to the satisfaction of the City. These repairs, replacements, or
adjustments shall be made only at such time as the City designates to ensure the least impact to
the operation of the City.
The successful Bidder(s) shall handle and manage all claims on manufacturer warranties for the
City’s Product defects and resolve all matters either by repairing or replacing the parts at the
City’s sole discretion. All claims must be in writing and the Company shall provide a time line
regarding resolving such claim to the City. All Products will be tested to determine if supplied
Product caused such damage or was faulty. The City shall make the sole determination if Product
caused such damage or was faulty.
The successful Bidder(s) will expedite all claims and keep the City notified of the status of such
claim. If no resolution time is established within a certain period of time determined by the City,
the Company will pay to the City the actual costs (including labor, taxes, parts, and other costs)
associated to make the damaged parts operational and/or to replace a defective Product.
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6.17
Inventory.
All brands and sizes of parts that are carried in the City’s inventory shall also be stocked in the
Company’s inventories and made available for immediate delivery. Bidders shall analyze the
City’s usage patterns and maintain an adequate supply of parts and components identify by EMD
to meet the City’s needs and avoid stock outs and back orders. Bidders recognize that the City
provides essential and emergency services to the citizens of the City of Charlotte and
Mecklenburg County, and that services cannot be provided if vehicles are down due to the
unavailability of parts and components.
The City reserves the right to acquire needed parts and components from alternate sources if the
successful Bidder is unable to provide the required Products in a timely manner. Backorder and
delivery reports and other methods deemed appropriate shall be requested by the City from time
to time to monitor the Company’s performance and compliance to the subsequent contract. Poor
performance with respect to the Product availability, or any other requirements of the Contract,
shall constitute grounds for immediate termination of the Contract between the City and the
Company.
If, for reasons beyond the control of the Company (i.e. industry wide parts outage), that result in a
stock-out situation, the Company will be prepared and in agreement to supply the following: (a)
immediate notification of inventory status to Equipment Management Division Shop Managers,
Parts Managers, and Operations Managers at all stated City locations; (b) immediate notification
and delivery of Contract specified parts and components when they become available.
6.18
Training.
The successful Bidder(s) will be responsible for initially training all necessary City employees on
using their on-line ordering system and any on-going training for new or additional users, at no
additional cost to the City. Supplier will be responsible for providing documented step-by-step
instructions to each authorized user of the City.
6.19
References.
Bids must include a minimum of five (5) customer references that Bidder has provided products
and services similar to those outlined in this ITB. Provide contact name, title, customer name,
address, phone number and email address.
6.20
Samples.
Prior to award of a contract, vendors may be required to furnish samples of Product items bid, at
no charge to the City. Designated City personnel will evaluate samples to determine the equality
of the products provided. All determinations shall be final and conclusive. EMD will retain
samples for comparison with items delivered under the resulting contract.
6.21
Value Added Services.
Proposers are encouraged to include any special programs that your company offers that will
improve customer’s ability to access products, such as retail store availability, promotional items,
engraving, printing, demand management or other innovative strategies that could add value to
this contract.
6.23
Implementation of Services.
The successful Bidder will commit to working with the City/County to ensure a smooth
transition. Bids must address how the Supplier will successfully implement a new account the
size of the City. Following is an overview, not intended to be all inclusive of the transition
components that will need to take place and be managed.
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•
•
•
•
•
Account Set-Up.
Billing and Reporting.
Customer Service Support.
Communications and Trainings.
Strategic & Tactical Field Support
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7.1
Indemnification. To the fullest extent permitted by law, and except to the extent any Charge (as
defined below) arises from or results from any breach, negligence or willful misconduct of any
Indemnitee(s) (as defined below), the Company shall indemnify, defend and hold harmless each
of the Indemnitees from and against any and all “Charges” (as defined below) paid or incurred
any of them as a result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging
violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or
other proprietary rights with respect to the Products or Services (“Infringement Claims”); (ii)
seeking payment for labor or materials purchased or supplied by the Company or its
subcontractors in connection with this Contract; or (iii) arising from the Company’s failure to
perform its obligations under this Contract, or from any act of negligence or willful misconduct
by the Company or any of its agents, employees or subcontractors relating to this Contract,
including but not limited to any liability caused by an accident or other occurrence resulting in
bodily injury, death, sickness or disease to any person(s) or damage or destruction to any
property, real or personal, tangible or intangible, or from any allegations of the forgoing; or (iv)
arising from the Company’s violation of any law, regulation or ordinance, or from any allegation
of the forgoing; or (v) arising from any claim that the Company or an employee or subcontractor
of the Company is an employee of the City, including but not limited to claims relating to
workers’ compensation, failure to withhold taxes and the like. For purposes of this Section: (a)
the term “Indemnitees” means the City and each of the City’s officers, officials, employees,
agents and independent contractors (excluding the Company); and (b) the term “Charges” means
any and all losses, damages, costs, expenses (including reasonable attorneys’ fees), obligations,
duties, fines, penalties, royalties, interest charges and other liabilities (including settlement
amounts).
If an Infringement Claim occurs, the Company shall either: (i) procure for the City the right to
continue using the affected Product or Service; or (ii) repair or replace the infringing Product or
Service so that it becomes non-infringing, provided that the performance of the overall Product(s)
and Service(s) provided to the City shall not be adversely affected by such replacement or
modification. If the Company is unable to comply with the preceding sentence within thirty days
after the City provides notice to the Company that it has been directed to cease use of a Product
or Service, then such failure shall be deemed a Major Performance Failure and the City shall have
the right to pursue any legal or equitable remedies it may have.
7.2
Insurance: Throughout the term of the Contract, the successful Bidder shall comply with the
insurance requirements described in this Form. In the event the successful Bidder fails to procure
and maintain each type of insurance required by this Form, or in the event the successful Bidder
fails to provide the City with the required certificates of insurance, the City shall be entitled to
terminate the Contract immediately upon written notice to the successful Bidder.
The successful Bidder agrees to purchase and maintain the following insurance coverage during
the life of the Contract with an insurance company acceptable to the City of Charlotte,
authorized to do business in the State of North Carolina:
A) Automobile Liability: Bodily injury and property damage liability covering all owned, nonowned, and hired automobiles for limits of not less than $1,000,000 bodily injury each
person, each accident; and, $1,000,000 property damage, or $1,000,000 combined single limit
each occurrence/aggregate.
B) Commercial General Liability: Bodily injury and property damage liability as shall protect
the successful Bidder and any subcontractor performing work under the Contract from claims
of bodily injury or property damage which arise from performance of the Contract, whether
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such work is performed by the successful Bidder, any subcontractor or anyone directly or
indirectly employed by either. The amounts of such insurance shall not be less than
$1,000,000 bodily injury each occurrence/aggregate and $1,000,000 property damage each
occurrence/aggregate or $1,000,000 bodily injury and property damage combined single
limits each occurrence/aggregate. This insurance shall include coverage for products,
services, completed operations, personal injury liability and contractual liability assumed
under the indemnity provision of the Contract.
C) Workers’ Compensation: Meeting the statutory requirements of the State of North Carolina
and Employers Liability - $100,000 per accident limit, $500,000 disease per policy limit,
$100,000 disease each employee limit, providing coverage for employees and owners.
The City shall be named as additional insured under the commercial general liability insurance for
operations or services rendered under this Contract. The Company’s insurance shall be primary of any
self-funding and/or insurance otherwise carried by the City for all loss or damages arising from the
Consultant’s operations under this agreement. The Company and each of its subcontractors shall and
does waive all rights of subrogation against the City and each of the Indemnitees, as defined in Section
7.1
The successful Bidder shall not commence any work in connection with the Contract until it has
obtained all of the types of insurance set forth in this Form, and such insurance has been approved by
the City. The successful Bidder shall not allow any subcontractor to commence work on its
subcontract until all similar insurance required of the subcontractor has been obtained and approved.
All insurance policies shall be with insurers qualified and doing business in North Carolina recognized
by the Secretary of State and the Insurance Commissioner’s Office. The successful Bidder shall
furnish the City with proof of insurance coverage by certificates of insurance accompanying the
Contract and shall name the City as an additional named insured under the commercial general
liability.
Certificates of all required insurance shall contain the provision that the City will be given (30) days
written notice of any intent to amend or terminate by either the insured or the insuring company. All
insurance certificates must include the City of Charlotte’s contract number in the description
field.
The City shall be exempt from, and in no way liable for any sums of money that may represent a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of
the successful Bidder and/or subcontractor providing such insurance.
50
ITB #269-2011-069
3/21/2011
Section 8
Required Forms – Form One
INVITATION TO BID ACKNOWLEDGEMENT
The Supplier hereby certifies receipt of the Invitation to Bid #269-2011-069 for Automotive
Parts and Accessories for Light, Medium, Heavy Duty Vehicles, and Related Services. This
form should be completed upon receipt of the City of Charlotte’s Invitation to Bid and submitted
via fax or e-mail in time for the Charlotte Procurement Services Division to receive it by or
before April 5, 2011. Please fax or e-mail the completed Invitation to Bid Acknowledgement
Form to the attention of:
Karen Ruppe, C.P.M.; CLGPO, CPPB
Procurement Services Division
Fax: 704-632-8254
E-mail: [email protected]
Date: _________________________
Authorized Signature:______________________________________________________
Title:__________________________________________________________________________
Company Name:________________________________________________________________
Contact Name: _________________________________________________________________
Contact E-mail address: __________________________________________________________
Please check the appropriate space below and provide the requested information:
_____We plan to attend the Pre-Bid Conference and plan on submitting a Bid.
Indicate number of attendees:
_____We do not plan to attend the Pre-Bid Conference but plan on submitting a Bid.
Reason:________________________________________________________________________
_____We do not plan to attend the Pre-Bid Conference and do not plan on submitting a Bid
Reason:_______________________________________________________________________
______________________________________________________________________________
51
ITB #269-2011-069
3/21/2011
Section 8
Required Forms – Form Two
BID SUBMISSION FORM
ITB # 269-2011-069
Automotive Parts and Accessories for Light, Medium, Heavy Duty Vehicles,
And Related Services
This Bid is submitted by:
Company Name: _________________________________________________
Representative (printed): ____________________________________________
Representative (signed): _______________________________________________
Address:
________________________________________________________
________________________________________________________
City/State/Zip: ________________________________________________________
Telephone:
________________________________________________________
(Area Code) Telephone Number
Facsimile:
________________________________________________________
(Area Code) Fax Number
E-Mail Address: ______________________________________________________
It is understood by the Vendor that the City reserves the right to reject any and all
Bids, to make awards on all items or on any items according to the best interest of
the City, to waive formalities, technicalities, to recover and re-bid this ITB. Bids are
valid for one hundred twenty (120) calendar days from Bid Opening.
______________________________________ ________________________
Company Name
Date
_____________________________________
Authorized Signature
________________________
Please type or print name
52
ITB #269-2011-069
3/21/2011
Section 8
Required Forms – Form Three
Addenda Acknowledgement Form
ITB # 269-2011-069
Automotive Parts and Accessories for Light, Medium, Heavy Duty Vehicles,
And Related Services
1.
Bid Submission Check List: Confirm by placing a check mark in the space provided that as the
bidder or proposer the information listed below has been reviewed and complied with in the
submission of a response to this Invitation to Bid/Invitation to Bid.
(A)
_____ Addenda acknowledgement. Please contact the Procurement Services Division
representative to verify the number of addenda issued.
Procurement Services Rep. Name
Karen Ruppe
Telephone Number
704-336-2992
Addenda Receipt: The following confirms receipt of any and all addenda
issued for this Invitation to Bid:
Addendum #
___________
___________
___________
___________
2.
Date Issued
__________
__________
__________
__________
(B)
_____ Bid document has been signed by authorized bidder/proposer official.
(C)
_____ Bid package has been properly labeled per the instructions. (See Section 1.6,
page 3)
(D)
_____ Bid Response Package Forms
ƒ Bid Submission Form Two
ƒ Addenda Acknowledgement Form Three
ƒ Pricing Sheet Form Four
ƒ Non-Discrimination Certification Form Five
ƒ All items (Tab 1-22) included in the Bid Response Format Table set forth
in Section 8.2
ƒ Vendor References
Exceptions: The undersigned Bidder agrees to provide all Products and Services requested in the
ITB for the price(s) set forth in the Pricing Sheet, all in strict conformance with the terms,
conditions and specifications set forth in the ITB (including any addenda or amendments), subject
only to the exceptions stated in the chart below. Exceptions representing material changes to Bid
terms are grounds for rejection of the Bidder’s Bid.
53
ITB #269-2011-069
3/21/2011
Section 8
Required Forms – Form Three
ITB Section
Number
ITB Section
Title
Exception and Proposed Change to ITB
The signature below certifies that: (a) the Bidder’s Bid complies with the requirements of this Invitation
to Bid; (b) that items 1(A) through 1(D) of the above checklist have been verified as complete, and (c)
that the Bidder takes no exception to the terms of the ITB other than those listed in the chart contained in
this Form.
Date: _________________
Bidder: ________________________________
Print name of Bidder
By: ___________________________
Print name and title of signatory
Signature: _____________________________
54
ITB #269-2011-069
3/21/2011
Section 8
Required Forms – Form Four
Discount Schedule - ITB # 269-2011-069
Automotive Parts and Accessories for Light, Medium, Heavy Duty Vehicles,
and Related Services
The undersigned proposes to furnish the following items in strict conformance to the bid specifications
and bid invitation issued by the City of Charlotte and/or Mecklenburg County for this bid. Any
exceptions are clearly marked in the attached copy of bid specifications.
BIDS ARE DUE NO LATER THAN 2:00 P.M. EDT, APRIL 20, 2011
8.1 TABLE A: Please provide fixed discount off list price for each of the following product
categories:
Item
Product
Manufacturer/Brand Names Verifiable Price List
Percent (%) Discount
(add additional brands offered in
(Current Mfg Price List
Category
(off stated verifiable
blanks)
1
Alternators &
Starters
AC Delco
Beck/Arnley
Genco
Wagner
2
Bearings (Ball &
Roller)
BCA
Timkin
National
Chicago Rawhide
3
Batteries
AC Delco
4
Belts, Hoses,
Clamps
Gates
Goodyear
Ideal
Number or Catalog ID)
price list)
55
ITB #269-2011-069
3/21/2011
Section 8
Required Forms – Form Four
Item
Product Category
Manufacturer/Brand
Names
(add additional brands
offered in blanks)
5
Brakes (Pads & Shoes)
Bendix
Eaton
Meritor
Raybestos
Performance Friction
6
Brakes (Drums &
Rotors)
Guinte
Vipar
United
7
Brakes (Calipers)
Vipar
8
Caps & Thermostats
Stant
9
Chemicals
Verifiable Price List
(Current Mfg Price List
Number or Catalog ID)
Percent (%) Discount
(off stated verifiable
price list)
56
ITB #269-2011-069
3/21/2011
Section 8
Required Forms – Form Four
Item
Product Category
Manufacturer/Brand
Names
(add additional brands
offered in blanks)
10
Coolant /Antifreeze
Shelzone/Motorcraft
11
Electrical & Ignition
AC Delco
Motorcraft
Autolite
Champion
Cole Hersee
Standard
12
Emissions & Exhaust
AC Delco
Motorcraft
Walker
13
Filters (Air, Fuel, Oil)
AC Delco
Motorcraft
Wix
Fram
14
Gaskets & Seals
AC Delco
National
C/R
Verifiable Price List
(Current Mfg Price List
Number or Catalog ID)
Percent (%) Discount
(off stated verifiable
price list)
57
ITB #269-2011-069
3/21/2011
Section 8
Required Forms – Form Four
Item
Product Category
Manufacturer/Brand
Names
(add additional brands
offered in blanks)
15
Heating & Air
Condition
AC Delco
Motorcraft
16
Lamps, Lighting,
Mirrors
Federal Signal
Grote
Retrac
Wagner
Trucklite
17
Power Steering Pumps
A-1 Cardone
18
Pumps (fuel & water)
AC Delco
Motorcraft
TRW
Airtex
19
Steering & Suspension
Moog
Monroe
Motorcraft
Verifiable Price List
(Current Mfg Price List
Number or Catalog ID)
Percent (%) Discount
(off stated verifiable
price list)
58
ITB #269-2011-069
3/21/2011
Section 8
Required Forms – Form Four
Item
Product Category
Manufacturer/Brand
Names
(add additional brands
offered in blanks)
19
Universal Joints
Precision
Spicer
20
Wipers
Anco
Motorcraft
Trico
21
Wheel Accessories
Moog
22
Spark Plugs
AC
Champion
Motorcraft
Autolite
Verifiable Price List
(Current Mfg Price List
Number or Catalog ID)
Percent (%) Discount
(off stated verifiable
price list)
Add additional categories as needed
23
Add additional categories as needed
24
Discounts must include all equipment, labor, delivery, installation, consultation, vendor profit and
all other costs associated with this project. No additional cost will be allowed.
59
ITB #269-2011-069
3/21/2011
Section 8
Required Forms – Form Four
Table B: Heavy Duty Parts (Please add additional manufacturers offered) per Section 6.1.
Discount (%) off
Item
Manufacturer
Verifiable Price
Current
List (Current
Mfg Price List
Manufacturer List
Number or
Price
Catalog ID)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Allison
Bendix
CE Nieoff
Chevrolet
Chicago Rawhide
Cole Hersee
Cummins
Delco
Detroit Diesel
Donaldson
Eaton
Firestone
Fleetguard
Ford
Gates
Grote
Goodyear
Meritor
Midland
Monroe
Motorcraft
National
Signal Stat
Spicer
Stemco
Stewart Warner
Sylvania
Trucklite
Velvac
Wabco
Wagner
60
ITB #269-2011-069
3/21/2011
Section 8
Required Forms – Form Four
8.2
Bid Format.
The City of Charlotte desires all Bids to be identical in format in order to facilitate comparison.
While The City of Charlotte’s format may represent departure from the Bidder’s preference, the
City of Charlotte requires strict adherence to the format. The Bid will be in the format described
below:
Tab
Number
1
2
3
4
5
6
7
8
9
10
Item Description
Included
(Check)
Cover letter per Section 8.3.1
Executive Summary per Section 8.3.2
Supplier Worksheets per Section 1 (pg. 16-19)
All Supplier Company information per Section 1 (pg. 16)
All Supplier Distribution information per Section 1 (pg. 16-17)
All Supplier Marketing information per Section 1 (pg. 17)
All Supplier Product information per Section 1 (pg. 17-18)
All Supplier Administration information per Section 1 (pg. 1819)
Supplier Financial Statements per Section 1 (pg. 19)
Supplier Environmental information per Section 1 (pg. 19)
The “Bid Submission” set forth in Section 8, Form Two
11
12
13
14
The “Addenda Receipt Confirmation” set forth in Section 8,
Form Three;
Exceptions to the ITB per Section 3.8 set forth in Section 8,
Form Three
The Fixed Percentage Discount Pricing Sheet per Section 6.3
and set forth in Section 8, Form Four
15
Pricing Incentives and Rebates per Section 6.3.3
16
Non-Discrimination Certificate set forth in Section 8, Form
Five
Sample Product List per Section 6.3.1 and Attachment 1
17
18
19
20
21
22
22
Sample Product List per Section 6.3.1 and Attachment 2
Catalog Price List per Section 6.3.2 and Attachment 3
U.S. Communities Administration Agreement (signed,
unaltered) set forth as Appendix B
See Insurance Requirements in Section 8 and indicate if your
Company can comply with these requirements
References per Section 6.19
Value added Services
61
ITB #269-2011-069
3/21/2011
Section 8
Required Forms – Form Four
Bids are to be compatible with The City of Charlotte's in-house office paper program and waste
reduction goals and policies. Therefore, it is desired that all responses meet the following
requirements:
•
•
•
•
•
•
All Bids shall be 8 1/2" x 11" format with all standard text no smaller than eleven (11) points;
All copies must be printed double-sided;
All Bids and copies are printed on recycled paper (at least 10% post-consumer recovered material
and at least 30% total recovered material), and indicate this information accordingly on the
response;
Unless absolutely necessary, all bids and copies should minimize or eliminate use of nonrecyclable or non- reusable materials such as three ring binders, plastic report covers, plastic
dividers, vinyl sleeves, and GBC binding. Glued materials, paper clips, and staples are
acceptable; and
Materials must be itemized and submitted with numbered tabs that identify the information per
the table above.
Materials must be submitted in a format that allows for easy removal and recycling.
Bids must also include the required number of electronic copies on CDs per section 3.3 (C) including
the entire Bid in a searchable format such as MS Word or Adobe Acrobat.
Bidders are required to organize the information requested in this ITB in accordance with the format
outlined. Failure of the Bidder to organize the information required by this ITB as outlined may result
in The City of Charlotte, at its sole discretion, deeming the Bid non-responsive to the requirements of
this ITB. The Bidder, however, may reduce the repetition of identical information within several
sections of the Bid by making the appropriate cross-references to other sections of the Bid.
Appendices for certain technical or financial information may be used to facilitate Bid preparation.
8.3
Bid Content.
8.3.1
Cover Letter.
The Bid must include a letter of transmittal attesting to its accuracy, signed by an
individual authorized to execute binding legal documents on behalf of the Bidder. The
cover letter shall provide the name, address, telephone and facsimile numbers of the
Bidder along with the name, title, address, telephone and facsimile numbers of the
executive that has the authority to contract with the City of Charlotte. The cover letter
shall present the Bidder's understanding of the Project, a summary of the approach to be
undertaken to perform the Services, as well as a summary of the costs to provide the
Services.
8.3.2
Executive Summary.
The Bidder shall submit an executive summary, which outlines its Bid, including the
proposed general management philosophy. The executive summary shall, at a minimum,
include an identification of the proposed project team, responsibilities of the project team,
and a summary of the proposed Services. This section should highlight aspects of this
Bid, which make it superior or unique in addressing the needs of the City of Charlotte.
8.3.3
Required Forms.
To be deemed responsive to this ITB, Bidders must complete in detail, all Bid Forms
included in Section 8.
62
ITB #269-2011-069
3/21/2011
Section 8
Required Forms – Form Four
The City reserves the right to award multiple Contracts for the Products and Services required by this ITB
if the City deems multiple Contracts to be in the City’s best interest.
Payment Terms:
The undersigned hereby certifies the Bidder has read the terms of this bid document, including the sample
contract (Section 9) and is authorized to bind the firm to the information herein set forth.
Date: _______________________
___________________________________
Legal Name of Firm
BY: _________________________
____________________________________________
Name and Title of Person Signing (please print)
63
ITB #269-2011-069
3/21/2011
Section 8
Required Forms – Form Five
NON-DISCRIMINATION PROVISION
FOR ALL CITY CONTRACTS
Project: Automotive Parts and Accessories for Light, Medium, Heavy Duty Vehicles,
and Related Services
All requests for bids or Bids issued for City contracts shall include a certification to be completed by the
Bidder or Proposer in substantially the following form:
The undersigned Bidder or Proposer hereby certifies and agrees that the following information is correct:
1. In preparing the enclosed Bid, the Bidder or Proposer has considered all bids and Bids submitted from
qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in
Paragraph 12 of Section 9.
2. For purposes of this section, discrimination means discrimination in the solicitation, selection, or
treatment of any subcontractor, vendor, supplier or commercial customer on the basis of race,
ethnicity, gender, age, religion, national origin, disability or any otherwise unlawful form of
discrimination. Without limiting the foregoing, discrimination also includes retaliating against any
person or other entity for reporting any incident of discrimination.
3. Without limiting any other remedies that the City may have for a false certification, it is understood
and agreed that, if this certification is false, such false certification will constitute grounds for the City
to reject the bid or Bid submitted with this certification, and terminate any contract awarded based on
such bid or Bid It shall also constitute a violation of the City’s Commercial Non-Discrimination
Ordinance and shall subject the Bidder or Proposer to any remedies allowed thereunder, including
possible disqualification from participating in City contracts or bid processes for up to two years.
4. As a condition of contracting with the City, the Bidder or Proposer agrees to promptly provide to the
City all information and documentation that may be requested by the City from time to time regarding
the solicitation and selection of suppliers and subcontractors in connection with this solicitation
process. Failure to maintain or failure to provide such information shall constitute grounds for the
City to reject the bid or Bid and to any contract awarded on such bid or Bid. It shall also constitute a
violation of the City’s Commercial Non-Discrimination Ordinance, and shall subject the Bidder or
Proposer to any remedies that are allowed thereunder.
5. As part of its bid or Bid, the Bidder or Proposer shall provide to the City a list of all instances within
the past ten years where a complaint was filed or pending against Bidder or Proposer in a legal or
administrative proceeding alleging that Bidder or Proposer discriminated against its subcontractors,
vendors, suppliers, or commercial customers, and a description of the status or resolution of that
complaint, including any remedial action taken.
6. As a condition of submitting a bid or Bid to the City, the Bidder or Proposer agrees to comply with
the City’s Commercial Non-Discrimination Policy as described in Section 2, Article V of the
Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder.
NAME OF COMPANY:
BY:
TITLE:
SIGNATURE OF AUTHORIZED OFFICIAL:
DATE:
64
ITB #269-2011-069
3/21/2011
Section 9
Contract Requirements
THIS IS A SAMPLE CONTRACT FOR REFERENCE ONLY
ACTUAL CONTRACT MAY DIFFER
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
CONTRACT NO. __________
CONTRACT TO PROVIDE
AUTOMOTIVE PARTS AND SERVICES
This Contract (the “Contract”) is entered into as of this __ day of _______ 20__ (the “Effective Date”), by and
between (insert Company name), a corporation doing business in North Carolina (the “Company”), and the City
of Charlotte, a political subdivision of the State of North Carolina (the "City").
Statement of Background and Intent
A. The City issued An Invitation to Bid (ITB 269-2011-069) dated March 15, 2011 requesting bids from
qualified firms to provide the City with Automotive Parts and Accessories for Light, Medium, Heavy Duty
Vehicles and Related Services hereafter referred to as ("Products"). This Invitation to Bid, together with all
attachments and any amendments, is referred to herein as the “ITB".
B. The Company submitted a bid in response to ITB #269-2011-069 on (insert date). This bid, together with all
attachments and separately sealed confidential trade secrets, is referred to herein as the “Bid.”
C. The City awarded this contract on __________, 20__ to Company to provide Automotive Parts and
Accessories for Light, Medium, Heavy Duty Vehicles and Related Services to the City all in accordance
with the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and in further consideration of the covenants and conditions contained in this Contract, the
parties agree as follows:
AGREEMENT
1.
INCORPORATION OF EXHIBITS. The following Exhibits are attached to this Contract and
incorporated into and made a part of this Contract by reference:
Exhibit A:
Discount Schedule (Bid Response Form Section 8, Form 4 as submitted by the
Company)
Exhibit B:
Terms and Conditions (Section 4 of the ITB and all addenda thereto, marked to show
any exceptions taken by the Company on Bid Response Form 2)
Exhibit C:
Special Conditions (Section 5 of the ITB and all addenda thereto, marked to show any
exceptions taken by the Company on Bid Response Form 2)
Exhibit D:
Specifications (Section 6 of the ITB and all addenda thereto, marked to show any
exceptions taken by the Company in its Bid)
Exhibit E:
Bid Response Forms (the Bid Response Forms contained in Section 8 of the ITB and
submitted by the Company, except for Form 3, the Pricing Sheet)
65
ITB #269-2011-069
3/21/2011
Section 9
Contract Requirements
Exhibit F:
Additional Materials (Any additional materials submitted by the Company to
describe the Products or Services).
Each reference to the Contract shall be deemed to include all Exhibits. Any conflict between language
in an Exhibit to this Contract and the main body of this Contract shall be resolved in favor of the main
body of this Contract. The materials in Exhibit F shall be deemed incorporated into this Contract only
to the extent they do not conflict with the main body of this Contract or any of the other Exhibits. Any
conflict between Exhibit F and any other Exhibit shall be resolved in favor of the other Exhibit. Any
limitations of liability, limitations of warranty, exclusion of damages or similar terms contained in
Exhibit F shall be deemed in conflict and shall be excluded. Each reference to (insert company name)
in the Exhibits and Appendices shall be deemed to mean the Company.
2.
DEFINITIONS. The following terms shall have the following meanings for purposes of this Contract
(including all Exhibits):
2.1.
EFFECTIVE DATE. The term “Effective Date” refers to the effective date identified in the first
paragraph of this Contract.
2.2.
PRODUCTS. The term “Products” shall mean Automotive Parts and Accessories for Light,
Medium, Heavy Duty Vehicles and Related Services) and all other related items the Company
agreed to provide to the City in its Bid.
2.3.
SERVICES. The term “Services” shall include all services that the Company agreed to provide
to the City in its Bid.
3.
TERM.
The initial term of this Agreement will be for three years from the Effective Date with an option to
renew for three (3) additional one-year terms. This Contract may be extended only by a written
amendment to the contract signed by both parties.
4.
AGREEMENT TO PROVIDE PRODUCTS AND SERVICES.
The Company shall provide the Products and Services in accordance with the terms and conditions set
forth in this Contract and the attached Exhibits. Except as set forth on Exhibit A, the prices set forth in
Exhibit A constitute all charges payable by the City for the Products and Services, and all labor,
materials, equipment, transportation, facilities, storage, information technology, permits, and licenses
necessary for the Company to provide the Products and Services.
5.
COMPENSATION.
The City shall pay the Company for the Products and Services delivered in compliance with the
Specifications at the unit prices set forth in Exhibit A. This amount constitutes the maximum fees and
charges payable to the Company in the aggregate under this Contract and will not be increased except
by a written amendment duly executed by both parties in compliance with the price adjustment
provisions set forth in Exhibit C. The Company shall not be entitled to charge the City any prices, fees
or other amounts that are not listed in Exhibit A.
6.
BILLING.
Each invoice sent by the Company shall include all reports, information and data required by this
Contract (including the Exhibits) necessary to entitle the Company to the requested payment. The
Company shall mail all invoices to:
City of Charlotte Accounts Payable
PO Box 37979
66
ITB #269-2011-069
3/21/2011
Section 9
Contract Requirements
Charlotte, NC 28237-7979
Attn: (BSS/EMD)
Payment of invoices shall be due within thirty (30) days after the City has received all of the following: (a) an
accurate, properly submitted invoice, (b) all reports due for the month covered by the invoice; and (c) any
other information reasonably requested by the City to verify the charges contained in the invoice. Invoices
must include state and local sales tax.
7.
GENERAL WARRANTIES.
Company represents and warrants that:
8.
7.1
It is a corporation duly incorporated, validly existing and in good standing under the laws of the
state of __________, and is qualified to do business in North Carolina;
7.2
It has all the requisite corporate power and authority to execute, deliver and perform its
obligations under this Contract;
7.3
The execution, delivery, and performance of this Contract have been duly authorized by
Company;
7.4
No approval, authorization or consent of any governmental or regulatory authority is required to
be obtained or made by it in order for it to enter into and perform its obligations under this
Contract;
7.5
In connection with its obligations under this Contract, it shall comply with all applicable
federal, state and local laws and regulations and shall obtain all applicable permits and licenses;
and
7.6
The Company shall not violate any agreement with any third party by entering into or
performing this Contract.
ADDITIONAL REPRESENTATIONS AND WARRANTIES.
Company represents warrants and covenants that:
8.1
The Products and Services shall comply with all requirements set forth in this Contract,
including but not limited to the attached Exhibits;
8.2
All work performed by the Company and/or its subcontractors pursuant to this Contract shall
meet industry accepted standards, and shall be performed in a professional and workmanlike
manner by staff with the necessary skills, experience and knowledge;
8.3
Neither the Services, nor any Products provided by the Company under this Contract will
infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third
party; and
8.4
The Company shall comply in all material respects with all applicable federal, state and local
laws, regulations and guidelines in providing the Products and the Services, and shall obtain all
necessary permits and licenses.
67
ITB #269-2011-069
3/21/2011
Section 9
Contract Requirements
9.
TERMINATION.
9.1
TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any time without
cause by giving sixty (60) days written notice to the Company. The Company may terminate
this Contract at any time without cause by giving one hundred and eighty (180) days written
notice to the City.
9.2
TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to the other
party, either party may terminate this Contract upon the occurrence of one or more of the
following events:
(a)
The other party violates or fails to perform any covenant, provision, obligation, term or
condition contained in this Contract, provided that, unless otherwise stated in this
Contract, such failure or violation shall not be cause for termination if both of the
following conditions are satisfied: (i) such default is reasonably susceptible to cure;
and (ii) the other party cures such default within thirty (30) days of receipt of written
notice of default from the non-defaulting party; or
(b)
The other party attempts to assign, terminate or cancel this Contract contrary to the
terms hereof; or
(c)
The other party ceases to do business as a going concern, makes an assignment for the
benefit of creditors, admits in writing its inability to pay debts as they become due, files
a petition in bankruptcy or has an involuntary bankruptcy petition filed against it
(except in connection with a reorganization under which the business of such party is
continued and performance of all its obligations under this Contract shall continue), or
if a receiver, trustee or liquidator is appointed for it or any substantial part of other
party’s assets or properties.
Any notice of default pursuant to this Section shall identify and state the party’s intent to
terminate this Contract if the default is not cured within the specified period.
9.3
9.4
ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By giving written
notice to the Company, the City may also terminate this Contract upon the occurrence of one or
more of the following events (which shall each constitute grounds for termination without a
cure period and without the occurrence of any of the other events of default previously listed):
9.3.1
The Company makes or allows to be made any material written misrepresentation or
provides any materially misleading written information in connection with this
Contract, Company’s Bid, or any covenant, agreement, obligation, term or condition
contained in this Contract; or
9.3.2
The Company takes or fails to take any action which constitutes grounds for immediate
termination under the terms of this Contract, including but not limited to failure to
obtain or maintain the insurance policies and endorsements as required by this Contract,
or failure to provide the proof of insurance as required by this Contract.
NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of the Contract
shall not relieve the Company of the obligation to pay any fees, taxes or other charges then due
to the City, nor relieve the Company of the obligation to file any daily, monthly, quarterly or
annual reports covering the period to termination nor relieve the Company from any claim for
damages previously accrued or then accruing against the Company.
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10.
9.5
OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or termination of
this Contract, the Company shall promptly (a) return to the City all computer programs, files,
documentation, data, media, related material and any other recording devices, information, or
compact discs that are owned by the City; (b) provide the City with sufficient data necessary to
migrate to a new vendor, or allow the City or a new vendor access to the systems, software,
infrastructure, or processes of the Company that are necessary to migrate to a new vendor; and
(c) refund to the City all pre-paid sums for Products or Services that have been cancelled and
will not be delivered.
9.6
NO SUSPENSION. In the event that the City disputes in good faith an allegation of default by
the Company, notwithstanding anything to the contrary in this Contract, the Company agrees
that it will not terminate this Contract or suspend or limit the delivery of Products or Services or
any warranties or repossess, disable or render unusable any Software supplied by the Company,
unless (i) the parties agree in writing, or (ii) an order of a court of competent jurisdiction
determines otherwise.
9.7
AUTHORITY TO TERMINATE. The City Manager or their designee is authorized to terminate
this Contract on behalf of the City.
TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration of this
Contract, the Company shall cooperate with the City to assist with the orderly transfer of the Products,
Services, functions and operations provided by the Company hereunder to another provider or to the
City as determined by the City in its sole discretion. The transition services that the Company shall
perform if requested by the City include but are not limited to:
a.
Working with the City to jointly develop a mutually agreed upon transition services plan to
facilitate the termination of the Services; and
b.
Notifying all affected vendors and subcontractors of the Company of transition activities;
d.
Performing the transition service plan activities;
e.
Answering questions regarding the products and services on an as-needed basis; and
f.
Providing such other reasonable services needed to effectuate an orderly transition to a new
system.
11.
RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this Contract is
solely that of independent contractors, and nothing contained in this Contract shall be construed to (i)
give any party the power to direct or control the day-to-day activities of the other; (ii) constitute such
parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common
undertaking; (iii) make either party an agent of the other for any purpose whatsoever, or (iv) give either
party the authority to act for, bind, or otherwise create or assume any obligation on behalf of the other.
Nothing herein shall be deemed to eliminate any fiduciary duty on the part of the Company to the City
that may arise under law or under the terms of this Contract.
12.
NON-DISCRIMINATION. The City has adopted a Commercial Non-Discrimination Policy that is
described in Section 2, Article V of the Charlotte City Code, and is available for review on the City’s
website (the “Non-Discrimination Policy”). The Company agrees to comply with the NonDiscrimination Policy, and consents to be bound by the award of any arbitration conducted thereunder.
As part of such compliance, the Company shall not discriminate on the basis of race, gender, religion,
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national origin, ethnicity, age, or disability in the solicitation, selection, hiring, or treatment of
subcontractors, vendors, suppliers, or commercial customers in connection with a City contract or
contract solicitation process, nor shall the Company retaliate against any person or entity for reporting
instances of such discrimination. The Company shall provide equal opportunity for subcontractors,
vendors and suppliers to participate in all of its subcontracting and supply opportunities on City
contracts, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts
to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace.
The Company understands and agrees that a violation of this clause shall be considered a material
breach of this Contract and may result in termination of this Contract, disqualification of the Company
from participating in City contracts or other sanctions.
As a condition of entering into this Contract, the Company agrees to: (a) promptly provide to the City
all information and documentation that may be requested by the City from time to time regarding the
solicitation, selection, treatment and payment of subcontractors in connection with this Contract; and (b)
if requested, provide to the City within sixty days after the request a truthful and complete list of the
names of all subcontractors, vendors, and suppliers that Company has used on City contracts in the past
five years, including the total dollar amount paid by Contractor on each subcontract or supply contract.
The Company further agrees to fully cooperate in any investigation conducted by the City pursuant to
the City’s Non-Discrimination Policy as set forth in Section 2, Article V of the City Code, to provide
any documents relevant to such investigation that are requested by the City, and to be bound by the
award of any arbitration conducted under such Policy. The Company understands and agrees that
violation of this clause shall be considered a material breach of this Contract and may result in contract
termination, disqualification of the Company from participating in City contracts and other sanctions.
The Company further agrees to provide to the City from time to time on the City’s request, payment
affidavits detailing the amounts paid by Company to subcontractors and suppliers in connection with
this Contract within a certain period of time. Such affidavits shall be in the format provided by the City.
13.
COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as confidential
information all data provided by the City in connection with this agreement. City data processed by the
Company shall remain the exclusive property of the City. The Company will not reproduce, copy,
duplicate, disclose, or in any way treat the data supplied by the City in any manner except that
contemplated by this agreement.
14.
WORK ON CITY’S PREMISES. The Company will ensure that its employees and agents shall,
whenever on the City’s premises, obey all instructions and directions issued by the City’s project
manager with respect to work on the City’s premises. The Company agrees that its personnel and the
personnel of its subcontractors will comply with all rules, regulations and security procedures of the
City when on the city’s premises.
15.
DRUG-FREE WORKPLACE. The City is a drug-free workplace employer. The Company hereby
certifies that it has or it will within thirty (30) days after execution of this Contract:
15.1
Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use
of controlled substance is prohibited in the workplace and specifying actions that will be taken
for violations of such prohibition;
15.2
Establish a drug-free awareness program to inform employees about (i) the dangers of drug
abuse in the workplace, (ii) the Company’s policy of maintaining a drug-free workplace, (iii)
any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the
penalties that may be imposed upon employees for drug abuse violations;
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15.3
Notify each employee that as a condition of employment, the employee will (i) abide by the
terms of the prohibition outlines in (a) above, and (ii) notify the Company of any criminal drug
statute conviction for a violation occurring in the workplace not later than five days after such
conviction;
15.4
Impose a sanction on, or requiring the satisfactory participation in a drug counseling,
rehabilitation or abuse program by an employee convicted of a drug crime;
15.5
Make a good faith effort to continue to maintain a drug-free workplace for employees; and
15.6
Require any party to which it subcontracts any portion of the work under the contract to comply
with the provisions of this Section.
A false certification or the failure to comply with the above drug-free workplace requirements during
the performance of this Contract shall be ground for suspension, termination or debarment.
16.
NOTICES. Any notice, consent or other communication required or contemplated by this Contract
shall be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic
mail or by telefax to the intended recipient at the address set forth below. Notice shall be effective upon
the date of receipt by the intended recipient; provided that any notice which is sent by telefax or
electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by
overnight courier. Each party may change its address for notification purposes by giving the other party
written notice of the new address and the date upon which it shall become effective.
Communications that relate to any breach, default, termination, delay in performance, prevention of
performance, modification, extension, amendment, or waiver of any provision of this Contract shall be
sent to:
For The Company:
For The City:
Procurement Services Division
600 East Fourth Street
Charlotte, NC 28202
Phone:
Fax:
E-mail:
With Copy To:
With Copy To:
Cindy White
Senior Assistant City Attorney
600 East Fourth Street
Charlotte, NC 28202
Phone: 704-336-3012
Fax: 704-336-8854
E-mail: [email protected]
All other notices shall be sent to the other party’s Project Manager at the most recent address provided
in writing by the other party.
17.
MISCELLANEOUS
17.1
ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments constitute the
entire agreement between the parties with respect to the subject matter herein. There are no
other representations, understandings, or agreements between the parties with respect to such
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subject matter. This Contract supersedes all prior agreements, negotiations, representations and
Bids, written or oral. Notwithstanding the forgoing, the parties agree that the ITB and the Bid
are relevant in resolving any ambiguities that may exist with respect to the language of this
Contract
17.2
AMENDMENT. No amendment or change to this Contract shall be valid unless in writing and
signed by the party against whom enforcement is sought. Amendments that involve or increase
in the amounts payable by the City may require execution by a Key Business Executive, the
City Manager, or an Assistant City Manager; depending on the amount. Some increases may
also require approval by City Council.
17.3
GOVERNING LAW AND JURISDICTION.
North Carolina law shall govern the
interpretation and enforcement of this Contract, and any other matters relating to this Contract
(all without regard to North Carolina conflicts of law principles). All legal actions or other
proceedings relating to this Contract shall be brought in a state or federal court sitting in
Mecklenburg County, North Carolina. By execution of this Contract, the parties submit to the
jurisdiction of such courts and hereby irrevocably waive any and all objections which they may
have with respect to venue in any court sitting in Mecklenburg County, North Carolina.
17.4
BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties and their
successors and permitted assigns. Neither party may assign this Contract without the prior
written consent of the other. Any assignment attempted without the written consent of the other
party shall be void. For purposes of this Section, a Change in Control, as defined in Section
17.8 constitutes an assignment.
17.5
SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses or sections
contained in this Contract or the Exhibits shall not affect the validity of the remaining portion of
this Contract or Exhibits so long as the material purposes of this Contract can be determined and
effectuated. If any provision of this Contract or Exhibit is held to be unenforceable, then both
parties shall be relieved of all obligations arising under such provision, but only to the extent
that such provision is unenforceable, and this Contract shall be deemed amended by modifying
such provision to the extent necessary to make it enforceable while preserving its intent.
17.6
NO PUBLICITY. No advertising, sales promotion or other materials of the Company or its
agents or representations may identify or reference this Contract or the City in any manner
without the prior written consent of the City. Notwithstanding the forgoing, the parties agree
that the Company may list the City as a reference in responses to requests for Bids, and may
identify the City as a customer in presentations to potential customers.
17.7
WAIVER. No delay or omission by either party to exercise any right or power it has under this
Contract shall impair or be construed as a waiver of such right or power. A waiver by either
party of any covenant or breach of this Contract shall not constitute or operate as a waiver of
any succeeding breach of that covenant or of any other covenant. No waiver of any provision of
this Contract shall be effective unless in writing and signed by the party waiving the rights.
17.8
CHANGE IN CONTROL. In the event of a change in “Control” of the Company (as defined
below), the City shall have the option of terminating this Contract by written notice to the
Company. The Company shall notify the City within ten days of the occurrence of a change in
control. As used in this Contract, the term “Control” shall mean the possession, direct or
indirect, of either (i) the ownership of or ability to direct the voting of, as the case may be fiftyone percent (51%) or more of the equity interests, value or voting power in the Company or (ii)
the power to direct or cause the direction of the management and policies of the Company
whether through the ownership of voting securities, by contract or otherwise.
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17.9
NO BRIBERY. The Company certifies that neither it, any of its affiliates or subcontractors, nor
any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of
the City in connection with this Contract.
17.10
FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The Company
agrees to make itself aware of and comply with all local, state and federal ordinances, statutes,
laws, rules and regulations applicable to the Services. The Company further agrees that it will
at all times during the term of this Contract be in compliance with all applicable federal, state
and/or local laws regarding employment practices. Such laws will include, but shall not be
limited to workers’ compensation, the Fair Labor Standards Act (FLSA), the Americans with
Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations
applicable to the work.
17.11
TAXES. The Company shall pay all applicable federal, state and local taxes which may be
chargeable against the performance of the Services.
18.
NON-APPROPRIATION OF FUNDS. If City Council does not appropriate the funding needed by
the City to make payments under this Contract for a given fiscal year, the City will not be
obligated to pay amounts due beyond the end of the last fiscal year for which funds were
appropriated. In such event, the City will promptly notify the Company of the non-appropriation
and this Contract will be terminated at the end of the last fiscal year for which funds were
appropriated. No act or omission by the City, which is attributable to non-appropriation of funds
shall constitute a breach of or default under this Contract.
19.
CONFIDENTIALITY.
19.1
DEFINITIONS. As used in this Contract, The term “Confidential Information” shall mean any
information, in any medium, whether written, oral or electronic, not generally known in the
relevant trade or industry, that is obtained from the City or any of its suppliers, contractors or
licensors which falls within any of the following general categories:
19.1.1. Trade secrets. For purposes of this Contract, trade secrets consist of information of
the City or any of its suppliers, contractors or licensors: (a) that derives value from
being secret; and (b) that the owner has taken reasonable steps to keep confidential.
Examples of trade secrets include information relating to proprietary software, new
technology, new products or services, flow charts or diagrams that show how things
work, manuals that tell how things work and business processes and procedures.
19.1.2. Information of the City or its suppliers, contractors or licensors marked
“Confidential” or “Proprietary.”
19.1.3. Information relating to criminal investigations conducted by the City, and records of
criminal intelligence information compiled by the City.
19.1.4. Information contained in the City’s personnel files, as defined by N.C. Gen. Stat.
160A-168. This consists of all information gathered by the City about employees,
except for that information which is a matter of public record under North Carolina
law.
19.1.5. Citizen or employee social security numbers collected by the City.
19.1.6. Computer security information of the City, including all security features of electronic
data processing, or information technology systems, telecommunications networks
and electronic security systems. This encompasses but is not limited to passwords and
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security standards, procedures, processes, configurations, software and codes.
19.1.7. Local tax records of the City that contains information about a taxpayer’s income or
receipts.
19.1.8. Any attorney / client privileged information disclosed by either party.
19.1.9. Any data collected from a person applying for financial or other types of assistance,
including but not limited to their income, bank accounts, savings accounts, etc.
19.1.10. The name or address of individual home owners who, based on their income, have
received a rehabilitation grant to repair their home.
19.1.11. Building plans of city-owned buildings or structures, as well as any detailed security
plans.
19.1.12. Billing information of customers compiled and maintained in connection with the City
providing utility services
19.1.13. Other information that is exempt from disclosure under the North Carolina public
records laws.
Categories 19.1.3 through 19.1.13 above constitute “Highly Restricted Information,” as well as
Confidential Information. The Company acknowledges that certain Highly Restricted Information is
subject to legal restrictions beyond those imposed by this Contract, and agrees that: (a) all provisions in
this Contract applicable to Confidential Information shall apply to Highly Restricted Information; and
(b) the Company will also comply with any more restrictive instructions or written policies that may be
provided by the City from time to time to protect the confidentiality of Highly Restricted Information.
The parties acknowledge that in addition to information disclosed or revealed after the date of this
Contract, the Confidential Information shall include information disclosed or revealed within one year
prior to the date of this Contract.
19.2.
RESTRICTIONS. Company shall keep the Confidential Information in the strictest confidence, in the
manner set forth below:
19.2.1. Company shall not copy, modify, enhance, compile or assemble (or reverse compile or
disassemble), or reverse engineer Confidential Information, except as authorized by the City in
writing.
19.2.2. Company shall not, directly or indirectly, disclose, divulge, reveal, report or transfer
Confidential Information to any third party, other than an agent, subcontractor or vendor of the
City or Company having a need to know such Confidential Information for purpose of
performing work contemplated by written agreements between the City and the Company, and
who has executed a confidentiality agreement incorporating substantially the form of this the
Contract. Company shall not directly or indirectly, disclose, divulge, reveal, report or transfer
Highly Restricted to any third party without the City’s prior written consent.
19.2.3. Company shall not use any Confidential Information for its own benefit or for the benefit of a
third party, except to the extent such use is authorized by this Contract or other written
agreements between the parties hereto, or is for the purpose for which such Confidential
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Information is being disclosed.
19.2.4. Company shall not remove any proprietary legends or notices, including copyright notices,
appearing on or in the Confidential Information.
19.2.5. Company shall use reasonable efforts (including but not limited to seeking injunctive relief
where reasonably necessary) to prohibit its employees, vendors, agents and subcontractors from
using or disclosing the Confidential Information in a manner not permitted by this Contract.
19.2.6. In the event that any demand is made in litigation, arbitration or any other proceeding for
disclosure of Confidential Information, Company shall assert this Contract as a ground for
refusing the demand and, if necessary, shall seek a protective order or other appropriate relief to
prevent or restrict and protect any disclosure of Confidential Information.
19.2.7. All materials which constitute, reveal or derive from Confidential Information shall be kept
confidential to the extent disclosure of such materials would reveal Confidential Information,
and unless otherwise agreed, all such materials shall be returned to the City or destroyed upon
satisfaction of the purpose of the disclosure of such information.
19.2.8. Company shall restrict employee access to the Confidential Information to those employees
having a need to know for purposes of their jobs.
19.2.9. Company shall take reasonable measures to prevent the use or disclosure of Confidential
Information by its employees in a manner not permitted by this Contract. The Company shall
have each of its employees who will have access to the Confidential Information sign a
confidentiality agreement which provides the City and its vendors, licensors, subcontractors,
employees and taxpayers the same level of protection as provided by this Contract.
19.3.
EXCEPTIONS. The City agrees that Company shall have no obligation with respect to any
Confidential Information that the Company can establish:
19.3.1. Was already known to Company prior to being disclosed by the City;
19.3.2. Was or becomes publicly known through no wrongful act of Company;
19.3.3. Was rightfully obtained by Company from a third party without similar restriction and without
breach hereof;
19.3.4. Was used or disclosed by Company with the prior written authorization of the City;
19.3.5. Was disclosed pursuant to the requirement or request of a governmental agency, which
disclosure cannot be made in confidence, provided that, in such instance, Company shall first
give to the City notice of such requirement or request;
19.3.6. Was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued
subpoena, provided that the Company shall take reasonable steps to obtain an agreement or
protective order providing that this Contract will be applicable to all disclosures under the court
order or subpoena.
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IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and
understood each and every provision hereof, the parties have caused this Agreement to be
executed on the date first written above.
(INSERT COMPANY NAME)
BY: _____________________________
TITLE: _________________________
ATTESTED:
CITY OF CHARLOTTE
CITY CLERK’S OFFICE
CITY OF CHARLOTTE
BY: _____________________________
BY: ____________________________
TITLE: __________________________
This instrument has been pre-audited in the manner required by Local Government Budget
and Fiscal Control Act.
CITY OF CHARLOTTE
FINANCE DEPARTMENT
BY:
Signature
APPROVED AS TO INSURANCE REQUIREMENTS:
BY:
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Appendix A
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This agreement is made between certain government agencies that execute a Lead Public Agency
Certificate (‘Lead Public Agencies”) to be appended and made a part hereof and other government
agencies (“Participating Public Agencies”) that agree to the terms and conditions hereof through the
U.S. Communities registration and made a part hereof.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Lead Public Agencies, a number of
Suppliers have entered into Master Agreements to provide a variety of goods, products and services
based on national and international volumes (herein “Products and Services”);
WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S. Communities
and provide that Participating Public Agencies may purchase Products and Services on the same
terms, conditions and pricing as the Lead Public Agency, subject to any applicable local purchasing
ordinances and the laws of the State of purchase;
WHEREAS, the parties desire to comply with the requirements and formalities of the Intergovernmental
Cooperation Act as may be applicable to the laws of the State of purchase;
WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;
WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the
procurement of necessary Products and Services;
NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and of the
mutual benefits to result, the parties agree as follows:
1. That each party will facilitate the cooperative procurement of Products and Services.
2. That the procurement of Products and Services subject to this agreement shall be conducted in
accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each
party’s procurement practices.
3. That the cooperative use of solicitations obtained by a party to this agreement shall be in accordance
with the terms and conditions of the solicitation, except as modification of those terms and conditions
is otherwise allowed or required by applicable law.
4. That the Lead Public Agencies will make available, upon reasonable request and subject to
convenience, information which may assist in improving the effectiveness, efficiency and economy of
Participating Public Agencies procurement of Products and Services
5. That a procuring party will make timely payments to the Supplier for Products and Services received
in accordance with the terms and conditions of the procurement. Payment, inspections and acceptance
of Products and Services ordered by the procuring party shall be the exclusive obligation of such
procuring party. Disputes between procuring party and Supplier are to be resolved in accord with the
law and venue rules of the State of purchase.
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6. The procuring party shall not use this agreement as a method for obtaining additional concessions or
reduced prices for similar products or services.
7. The procuring party shall be responsible for the ordering of Products and Services under this
agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring
party, and the procuring party shall hold non-procuring party harmless from any liability that may
arise from action or inaction of the procuring party.
8. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such
procuring party.
9. This agreement shall remain in effect until termination by a party giving 30 days written notice to U.S.
Communities at 2033 N. Main Street, Suite 700, Walnut Creek, CA 94596.
10. This agreement shall take effect after execution of the Lead Public Agency Certificate or
Participating Public Agency Registration, as applicable.
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Appendix B
ADMINISTRATION AGREEMENT
This ADMINISTRATION AGREEMENT (“Agreement”) is made as of ________________, by
and between U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE (“U.S.
Communities”) and _______________________ (“Supplier”).
RECITALS
WHEREAS,
(“Lead Public Agency”) has entered into a certain Master
Agreement dated as of ____________________, referenced as Agreement No. _______, by and between
Lead Public Agency and Supplier (as amended from time to time in accordance with the terms thereof,
the “Master Agreement”) for the purchase of ___________________ (the “Products & Services”);
WHEREAS, the Master Agreement provides that any state, county, city, special district, local
government, school district, private K-12 school, technical or vocational school, higher education
institution (including community colleges, colleges and universities, both public and private), other
government agency or nonprofit organization (each a “Public Agency” and collectively, “Public
Agencies”) may purchase Products and Services at the prices indicated in the Master Agreement upon
prior registration with U.S. Communities, in which case the Public Agency becomes a “Participating
Public Agency”;
WHEREAS, U.S. Communities has the administrative and legal capacity to administer purchases
under the Master Agreement to Participating Public Agencies;
WHEREAS, U.S. Communities serves as the administrative agent for Lead Public Agency and
other lead public agencies in connection with other master agreements offered by U.S. Communities;
WHEREAS, Lead Public Agency desires U.S. Communities to proceed with administration of the
Master Agreement on the same basis as other master agreements;
WHEREAS, “U.S. Communities Government Purchasing Alliance” is a trade name licensed by
U.S. Communities Purchasing & Finance Agency; and
WHEREAS, U.S. Communities and Supplier desire to enter into this Agreement to make
available the Master Agreement to Participating Public Agencies.
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual
covenants contained in this Agreement, U.S. Communities and Supplier hereby agree as follows:
ARTICLE I
GENERAL TERMS AND CONDITIONS
1.1
The Master Agreement, attached hereto as Exhibit A and incorporated herein by
reference as though fully set forth herein, and the terms and conditions contained therein shall apply to
this Agreement except as expressly changed or modified by this Agreement.
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1.2
U.S. Communities shall be afforded all of the rights, privileges and indemnifications
afforded to Lead Public Agency under the Master Agreement, and such rights, privileges and
indemnifications shall accrue and apply with equal effect to U.S. Communities under this Agreement
including, without limitation, Supplier’s obligation to provide insurance and certain indemnifications to
Lead Public Agency.
1.3
Supplier shall perform all duties, responsibilities and obligations required under the
Master Agreement in the time and manner specified by the Master Agreement.
1.4
U.S. Communities shall perform all of its duties, responsibilities and obligations as
administrator of purchases under the Master Agreement as set forth herein, and Supplier acknowledges
that U.S. Communities shall act in the capacity of administrator of purchases under the Master
Agreement.
1.5
With respect to any purchases made by Lead Public Agency or any Participating Public
Agency pursuant to the Master Agreement, U.S. Communities (a) shall not be construed as a dealer, remarketer, representative, partner, or agent of any type of Supplier, Lead Public Agency or such
Participating Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by
Lead Public Agency, any Participating Public Agency or any employee of Lead Public Agency or a
Participating Public Agency under the Master Agreement, or (ii) for any payments required to be made
with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by a
Participating Public Agency to (i) comply with procedures or requirements of applicable law, or (ii)
obtain the due authorization and approval necessary to purchase under the Master Agreement. U.S.
Communities makes no representations or guaranties with respect to any minimum purchases required to
be made by Lead Public Agency, any Participating Public Agency, or any employee of Lead Public
Agency or a Participating Public Agency under this Agreement or the Master Agreement.
ARTICLE II
TERM OF AGREEMENT
2.1
This Agreement is effective as of ____________________ and shall terminate upon
termination of the Master Agreement or any earlier termination in accordance with the terms of this
Agreement, provided, however, that the obligation to pay all amounts owed by Supplier to U.S.
Communities through the termination of this Agreement and all indemnifications afforded by Supplier to
U.S. Communities shall survive the term of this Agreement.
ARTICLE III
REPRESENTATIONS AND COVENANTS
3.1
U.S. Communities views the relationship with Supplier as an opportunity to provide
benefits to both Public Agencies and Supplier. The successful foundation of the relationship requires
certain representations and covenants from both U.S. Communities and Supplier.
3.2
U.S. Communities’ Representations and Covenants.
(a)
Marketing. U.S. Communities shall proactively market the Master Agreement to
Public Agencies using resources such as a network of major sponsors including the National League of
Cities (NLC), National Association of Counties (NACo), United States Conference of Mayors (USCM),
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Association of School Business Officials (ASBO) and National Institute of Government Purchasing
(NIGP) (collectively, the “Founding Co-Sponsors”) and individual state-level sponsors. In addition, the
U.S. Communities staff shall enhance Supplier’s marketing efforts through meetings with Public
Agencies, participation in key events and tradeshows and by providing online tools to Supplier’s sales
force.
(b)
Training and Knowledge Management Support. U.S. Communities shall provide
support for the education, training and engagement of Supplier’s sales force as provided herein. Through
its staff (each, a “Program Manager” and collectively, the “Program Managers”), U.S. Communities shall
conduct training sessions with Supplier and shall conduct calls jointly with Supplier to Public Agencies.
U.S. Communities shall also provide Supplier with access to U.S. Communities’ private intranet website
which provides presentations, documents and information to assist Supplier’s sales force in effectively
promoting the Master Agreement.
3.3
Supplier’s Representations and Covenants. Supplier hereby represents and covenants as
follows in order to ensure that Supplier is providing the highest level of public benefit to Participating
Public Agencies (such representations and covenants are sometimes referred to as “Supplier’s
Commitments” and are comprised of the Corporate Commitment, Pricing Commitment, Economy
Commitment and Sales Commitment):
(a)
Corporate. Supplier shall ensure that the U.S. Communities program and the
Master Agreement are actively supported by Supplier’s senior executive management.
(i)
The pricing, terms and conditions of the Master Agreement shall be
Supplier’s primary offering to Public Agencies.
(ii)
Supplier shall advise all existing Public Agencies that are current
customers of Supplier as to the value and pricing benefits offered under the Master Agreement.
(iii)
Upon authorization by a Public Agency, Supplier shall transition such
Public Agency to the pricing, terms and conditions of the Master Agreement.
(iv)
Supplier shall provide a national/senior management account
representative with the authority and responsibility to ensure that the Supplier’s Commitments are
maintained at all times. Supplier shall also designate a lead referral contact person who shall be
responsible for receiving communications from U.S. Communities concerning new Participating Public
Agency registrations and for ensuring timely follow-up by Supplier’s staff to requests for contact from
Participating Public Agencies. Supplier shall also provide the personnel necessary to implement and
support a supplier-based internet web page dedicated to Supplier’s U.S. Communities program and linked
to U.S. Communities’ website and shall implement and support such web page.
(v)
Supplier shall demonstrate in its Invitation to Bid (“ITB”) or invitation to
bid (“ITB”) response and throughout the term of the Master Agreement that senior management fully
supports the U.S. Communities program and its commitments and requirements. Senior management is
defined as the executive(s) with companywide authority.
(vi)
Supplier’s field force (direct and/or authorized dealer or representative)
must lead with the Master Agreement when calling on Public Agencies. If Supplier has alternate
cooperative vehicles (i.e. state contracts, regional cooperatives) the Master Agreement shall be the lead
offering and not just one of Supplier’s options. If Supplier meets resistance or objection to utilizing the
Master Agreement from a Public Agency, prior to offering an alternate contract option, Supplier’s sales
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representative must contact the U.S. Communities Program Manager in the area and request assistance in
overcoming the barrier or objection. If the U.S. Communities Program Manager is unable to resolve the
Public Agency’s objection, Supplier is permitted to pursue other options.
(vii)
In states where Supplier has an existing state contract or cooperative
contract, Supplier shall notify the state of the Master Agreement and transition the state to the pricing,
terms and conditions of the Master Agreement upon the state’s request. Regardless of whether the state
decides to transition to the Master Agreement, Supplier shall primarily offer the Master Agreement to all
counties, cities, special districts, local governments, school districts, private K-12 schools, technical or
vocational schools, higher education institutions (including community colleges, colleges and
universities, both public and private), other government agencies and nonprofit organizations located
within the state.
(viii) During the term of the Agreement, Supplier shall not, without the prior
written consent of U.S. Communities, enter into an agreement or renew an existing agreement with any
Multi-State Purchasing Cooperative, other than U.S. Communities, for the purpose of offering Products
and Services to Public Agencies through such Multi-State Purchasing Cooperative. A Multi-State
Purchasing Cooperative is defined as any purchasing cooperative that administers contracts to Public
Agencies in more than five (5) states that are competitively solicited by the purchasing cooperative itself
or another Public Agency for the purpose of providing other Public Agencies access to the competitively
solicited contracts.
(b)
Pricing. Supplier represents to U.S. Communities that the pricing offered under
the Master Agreement is the lowest overall available pricing (net to purchaser) that it offers to Public
Agencies.
(i)
Contracts Offering Lower Prices. If a pre-existing contract and/or a
Public Agency’s unique buying pattern provide one or more Public Agencies a lower price than that
offered under the Master Agreement, Supplier shall be required to match that lower pricing for customers
under the Master Agreement and inform the eligible Public Agencies that the lower pricing is available
under the Master Agreement. If an eligible Public Agency requests to be transitioned to the Master
Agreement, Supplier shall do so and report the Public Agency’s purchases under the U.S. Communities
contract going forward. The price match only applies to the eligible Public Agencies. Below are three
examples of Supplier’s obligation to match the pricing under Supplier’s contracts offering lower prices:
(A)
Supplier holds a state contract with lower pricing that is
available to all Public Agencies within the state. Supplier would be required to match the lower
state pricing under the Master Agreement and make it available to all Public Agencies within the
state.
(B)
Supplier holds a regional cooperative contract with lower pricing
that is available only to the ten cooperative members. Supplier would be required to match the
lower cooperative pricing under the Master Agreement and make it available to the ten
cooperative members.
(C)
Supplier holds a contract with an individual Public Agency. The
Public Agency contract does not contain any cooperative language and therefore other Public
Agencies are not eligible to utilize the contract. Supplier would be required to match the lower
pricing under the Master Agreement and make it available only to the individual Public Agency.
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(ii)
Deviating Buying Patterns. Occasionally U.S. Communities and
Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that
considerably deviate from the normal Public Agency buying pattern and terms and conditions, and causes
Supplier’s pricing under the Master Agreement to be higher than an alternative contract held by Supplier.
This could be created by a unique end-user preference or requirements. In the event that this situation
occurs, Supplier may address the issue by lowering the price under the Master Agreement on the item(s)
causing the large deviation for that Public Agency. Supplier would not be required to lower the price for
other Public Agencies.
(iii)
Supplier’s Options in Responding to a Third Party ITB or ITB. While it
is the objective of U.S. Communities to encourage Public Agencies to piggyback onto its contracts rather
than issue their own ITBs and ITBs, U.S. Communities recognizes that for various reasons some Public
Agencies will issue their own solicitations. The following options are available to Supplier when
responding to a Public Agency solicitation:
(A)
Supplier may opt not to respond to the ITB or ITB. Supplier
may make the Master Agreement available to the Public Agency as a comparison to its
solicitation responses.
(B)
Supplier may respond with the pricing, terms and conditions of
the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales
under the Master Agreement.
(C)
If competitive conditions require pricing lower than the standard
Master Agreement pricing, Supplier may submit lower pricing through the Master Agreement. If
Supplier is awarded the contract, the sales would be reported as sales under the Master
Agreement.
(D)
Supplier may respond to the ITB or ITB with pricing that is
higher (net to buyer) than the pricing offered under the Master Agreement.
(E)
Supplier may respond to the ITB or ITB with pricing that is
higher (net to buyer) than the pricing offered under the Master Agreement and if an alternative
response is permitted, Supplier may offer the pricing under the Master Agreement as an
alternative for consideration.
(c)
Economy. Supplier shall demonstrate the benefits, including the pricing
advantage, of the Master Agreement over alternative competitive solicitation pricing and shall proactively
offer the terms and pricing under the Master Agreement to Public Agencies as a more effective alternative
to the cost and time associated with such alternate bids and solicitations.
(d)
Sales. Supplier shall market the Master Agreement through Supplier’s sales
force or dealer network that is properly trained, engaged and committed to offering the Master Agreement
as Supplier’s primary offering to Public Agencies. Supplier’s sales force compensation and incentives
shall be greater than or equal to the compensation and incentives earned under other contracts to Public
Agencies.
(i)
Supplier Sales. Supplier shall be responsible for proactive direct sales of
Supplier’s goods and services to Public Agencies and the timely follow-up to sales leads identified by
U.S. Communities. Use of product catalogs, targeted advertising, direct mail and other sales initiatives
are encouraged. All of Supplier’s sales materials targeted towards Public Agencies shall include the U.S.
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Communities logo. U.S. Communities shall provide Supplier with its logo and the standards to be
employed in the use of the logo. During the term of the Agreement, Supplier grants to U.S. Communities
an express license to reproduce and use Supplier’s name and logo in connection with the advertising,
marketing and promotion of the Master Agreement to Public Agencies. Supplier shall assist U.S.
Communities by providing camera-ready logos and by participating in related trade shows and
conferences. At a minimum, Supplier's sales initiatives shall communicate that (i) the Master Agreement
was competitively solicited by the Lead Public Agency, (ii) the Master Agreement provides the best
government pricing, (iii) there is no cost to Participating Public Agencies, and (iv) the Master Agreement
is a non-exclusive contract.
(ii)
Branding and Logo Compliance. Supplier shall be responsible for
complying with the U.S. Communities branding and logo standards and guidelines. Prior to use by
Supplier, all U.S. Communities related marketing material must be submitted to U.S. Communities for
review and approval.
(iii)
Sales Force Training. Supplier shall be responsible for the training of its
national sales force on the Master Agreement and U.S. Communities program. U.S. Communities shall
be available to train regional or district managers and generally assist with the education of sales
personnel.
(iv)
Participating Public Agency Access. Supplier shall establish the
following communication links to facilitate customer access and communication:
(A)
A dedicated U.S. Communities internet web-based homepage
containing:
(1)
(2)
(3)
(4)
(5)
(6)
(B)
U.S. Communities standard logo with Founding CoSponsors logos;
Copy of original Invitation to Bid or invitation to bid;
Copy of Master Agreement including any amendments;
Summary of products and pricing;
Electronic link to U.S. Communities’ online registration
page; and
Other promotional material as requested by U.S.
Communities.
A dedicated toll-free national hotline for inquiries regarding
U.S. Communities.
(C)
A dedicated email address for general inquiries in the following
format: [email protected](name of supplier).com.
(v)
Electronic Registration. Supplier shall be responsible for ensuring that
each Public Agency has completed U.S. Communities’ online registration process prior to processing the
Public Agency’s first sales order.
(vi)
Supplier’s Performance Review. Upon request by U.S. Communities,
Supplier shall participate in a performance review meeting with U.S. Communities to evaluate Supplier’s
performance of the covenants set forth in this Agreement.
3.4
Breach of Supplier’s Representations, Warranties and Covenants. The representations
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and covenants set forth in this Agreement are the foundation of the relationship between U.S.
Communities and Supplier. If Supplier is found to be in violation of, or non-compliance with, one or
more of the representations and covenants set forth in this Agreement, Supplier shall have ninety (90)
days from the notice of default to cure such violation or non-compliance. Failure by Supplier to cure such
violation or non-compliance within ninety (90) days shall result in termination of this Agreement.
ARTICLE IV
PRICING AUDITS
4.1
Supplier shall, at Supplier’s sole expense, maintain an accounting of all purchases made
by Lead Public Agency and Participating Public Agencies under the Master Agreement. U.S.
Communities and Lead Public Agency each reserve the right to audit the accounting for a period of three
(3) years from the time such purchases are made. U.S. Communities shall have the authority to conduct
random audits of Supplier’s pricing that is offered to Participating Public Agencies at U.S. Communities’
sole cost and expense. Notwithstanding the foregoing, in the event that U.S. Communities is made aware
of any pricing being offered to Participating Public Agencies that is materially inconsistent with the
pricing under the Master Agreement, U.S. Communities shall have the ability to conduct an extensive
audit of Supplier’s pricing at Supplier’s sole cost and expense. U.S. Communities may conduct the audit
internally or may engage a third-party auditing firm. In the event of an audit, the requested materials shall
be provided in the format and at the location designated by Lead Public Agency or U.S. Communities.
ARTICLE V
FEES & REPORTING
5.1
Administrative Fees. Supplier shall pay to U.S. Communities a monthly administrative
fee based upon the total sales price of all purchases shipped and billed pursuant to the Master Agreement,
excluding taxes, in the amount of (a) two percent (2%) of aggregate purchases made during the month
which comprise annual sales of the first $340,000,000.00; and then (b) two and one-half percent (2.5%) of
aggregate purchases made during the month which comprise annual sales exceeding $340,000,000.00
(individually and collectively, “Administrative Fees”). Supplier’s annual sales shall be measured on a
calendar year basis. All Administrative Fees shall be payable in U.S. Dollars and shall be made by check
or wire to U.S. Communities, or its designee or trustee as may be directed in writing by U.S.
Communities. Administrative Fees shall be due and payable within thirty (30) days of the end of each
calendar month for purchases shipped and billed during such calendar month.
5.2
Sales Reports. Within thirty (30) days of the end of each calendar month, Supplier shall
deliver to U.S. Communities an electronic accounting report, in the format prescribed by Exhibit B,
attached hereto, summarizing all purchases made under the Master Agreement during such calendar
month (“Sales Report”). All purchases indicated in the Sales Report shall be denominated in U.S.
Dollars. All purchases shipped and billed pursuant to the Master Agreement for the applicable calendar
month shall be included in the Sales Report. U.S. Communities reserves the right upon reasonable
advance notice to Supplier to change the prescribed report format to accommodate the distribution of the
Administrative Fees to its program sponsors and state associations.
(a)
Monthly Sales Reports shall include all sales reporting under the Master
Agreement, and a breakout of Environmental Preferable (Green) sales reporting. Supplier must make
reasonable attempts at filling in all required information and contact U.S. Communities with a plan to
correct any deficiencies of data field population.
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(b)
Submitted reports shall be verified by U.S. Communities against its registration
database. Any data that is inconsistent with the registration database shall be changed prior to processing.
5.3
Exception Reporting/Sales Reports Audits. U.S. Communities or its designee may, at its
sole discretion, compare Supplier’s Sales Reports with Participating Public Agency records or other sales
analysis performed by Participating Public Agencies, sponsors, advisory board members or U.S.
Communities staff. If there is a material discrepancy between the Sales Report and such records or sales
analysis as determined by U.S. Communities, U.S. Communities shall notify Supplier in writing and
Supplier shall have thirty (30) days from the date of such notice to resolve the discrepancy to U.S.
Communities’ reasonable satisfaction. Upon resolution of the discrepancy, Supplier shall remit payment
to U.S. Communities’ trustee within fifteen (15) calendar days. Any questions regarding an exception
report should be directed to U.S. Communities in writing to [email protected] If Supplier
does not resolve the discrepancy to U.S. Communities’ reasonable satisfaction within thirty (30) days,
U.S. Communities shall have the right to engage outside services to conduct an independent audit of
Supplier’s reports and Supplier shall be obligated to reimburse U.S. Communities for any and all costs
and expenses incurred in connection with such audit.
5.4
Online Reporting. Within sixty (60) days of the end of each calendar quarter, U.S.
Communities shall provide online reporting to Supplier containing Supplier’s sales reporting for such
calendar quarter. Supplier shall contact U.S. Communities within fifteen (15) days of receiving
notification of the online reporting and report to U.S. Communities any concerns or disputes regarding the
reports, including but not limited to concerns regarding the following:
Report Name
5 Qtr Drop Sales Analysis
Zero States Sales Report
Registered Agency Without Sales Report
Follow up with U.S. Communities
Financial & Reporting Manager
Program Manager
Program Manager
Supplier shall have access to the above reports through the U.S. Communities intranet website. The
following additional reports are also available to Supplier and are useful in resolving reporting issues and
enabling Supplier to better manage its Master Agreement:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Agency Sales by Population/Enrollment Report
Hot Prospect Sales Report
New Lead Sales Report
State Comparison Sales Report
Advisory Board Usage Report
Various Agency Type Comparison Reports
Sales Report Builder
5.5
Supplier’s Failure to Provide Reports or Pay Administrative Fees. Failure to provide a
Sales Report or pay Administrative Fees within the time and in the manner specified herein shall be
regarded as a material breach under this Agreement and if not cured within thirty (30) days of written
notice to Supplier, shall be deemed a cause for termination of the Master Agreement at Lead Public
Agency’s sole discretion or this Agreement at U.S. Communities’ sole discretion. All Administrative
Fees not paid within thirty (30) days of the end of the previous calendar month shall bear interest at the
rate of one and one-half percent (1.5%) per month until paid in full.
ARTICLE VI
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MISCELLANEOUS
6.1
Entire Agreement. This Agreement supersedes any and all other agreements, either oral
or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement,
statement, or promise relating to the subject matter of this Agreement which is not contained herein shall
be valid or binding.
6.2
Attorney’s Fees. If any action at law or in equity is brought to enforce or interpret the
provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs
in addition to any other relief to which such party may be entitled.
6.3
Assignment.
(a)
Supplier. Neither this Agreement nor any rights or obligations hereunder shall be
assignable by Supplier without prior written consent of U.S. Communities, and any assignment without
such consent shall be void.
(b)
U.S. Communities. This Agreement and any rights or obligations hereunder may
be assigned by U.S. Communities in U.S. Communities’ sole discretion, to an existing or newly
established legal entity that has the authority and capacity to perform U.S. Communities’ obligations
hereunder.
6.4
Notices. All reports, notices or other communications given hereunder shall be delivered
by first-class mail, postage prepaid, or overnight delivery requiring signature on receipt to the addresses
as set forth below. U.S. Communities may, by written notice delivered to Supplier, designate any
different address to which subsequent reports, notices or other communications shall be sent.
U.S. Communities:
U.S. Communities
2033 N. Main Street, Suite 700
Walnut Creek, California 94596
Attn: Program Manager Administration
Lead Public Agency:
________________________________
________________________________
________________________________
________________________________
Attn: ___________________________
Supplier:
________________________________
________________________________
________________________________
________________________________
Attn: U.S. Communities Program Manager
6.5
Severability. If any provision of this Agreement shall be deemed to be, or shall in fact
be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein
contained or render the same invalid, inoperative or unenforceable to any extent whatever.
6.6
Waiver. Any failure of a party to enforce, for any period of time, any of the provisions
under this Agreement shall not be construed as a waiver of such provisions or of the right of said party
thereafter to enforce each and every provision under this Agreement.
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6.7
Counterparts. This Agreement may be executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
6.8
Modifications. This Agreement may not be effectively amended, changed, modified,
altered or terminated without the prior written consent of the parties hereto.
6.9
Governing Law; Arbitration. This Agreement will be governed by and interpreted in
accordance with the laws of the State of California without regard to any conflict of laws principles. Any
dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination,
enforcement, interpretation. or validity thereof, including the determination of the scope or applicability
of this dispute resolution clause, shall be determined by arbitration in Walnut Creek, California, before
one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive
Arbitration Rules and Procedures. Judgment on the award may be entered in any court having
jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration
from a court of appropriate jurisdiction. The prevailing party will be entitled to recover its reasonable
attorneys' fees and arbitration costs from the other party. The arbitration award shall be final and
binding. Each party commits that prior to commencement of arbitration proceedings, the parties shall
submit the dispute to JAMS for mediation. The parties will cooperate with JAMS and with one another in
selecting a mediator from JAMS panel of neutrals, and in promptly scheduling the mediation
proceedings. The parties covenant that they will participate in the mediation in good faith, and that they
will share equally in its costs. The mediation will be conducted by each party designating a duly
authorized officer or other representative to represent the party with the authority to bind the party, and
that the parties agree to exchange informally such information as is reasonably necessary and relevant to
the issues being mediated. All offers, promises, conduct, and statements, whether oral or written, made in
the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by
the mediator or any JAMS employees, are confidential, privileged, and inadmissible for any purpose,
including impeachment, in any arbitration or other proceeding involving the parties, provided that
evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or nondiscoverable as a result of its use in the mediation. If the dispute is not resolved within thirty (30) days
from the date of the submission of the dispute to mediation (or such later date as the parties may mutually
agree in writing), the administration of the arbitration shall proceed forthwith. The mediation may
continue, if the parties so agree, after the appointment of the arbitrator. Unless otherwise agreed by the
parties, the mediator shall be disqualified from serving as arbitrator in the case. The pendency of a
mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a
court of appropriate jurisdiction, and the parties agree not to defend against any application for
provisional relief on the ground that a mediation is pending.
6.10
Successors and Assigns. This Agreement shall inure to the benefit of and shall be
binding upon U.S. Communities, Supplier and any successor and assign thereto; subject, however, to the
limitations contained herein.
[Remainder of Page Intentionally Left Blank – Signatures Follow]
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IN WITNESS WHEREOF, U.S. Communities has caused this Agreement to be executed in its name and
Supplier has caused this Agreement to be executed in its name, all as of the date first written above.
U.S. Communities:
U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE
By
_______________________________
Name: _______________________________
Title:
_______________________________
Supplier:
_____________________________________
By
_______________________________
Name: _______________________________
Title:
_______________________________
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ADMINISTRATION AGREEMENT ADDENDUM
AFFILIATE PROGRAMS
U.S. Communities recently established Canadian Communities, an affiliate program in Canada
which offers certain qualified contract awards. U.S. Communities shall continue to explore other
practical international opportunities based upon the capacity of its contract suppliers to efficiently serve
Public Agencies internationally.
Understanding that Supplier may not have the capacity or desire to participate in Canadian Communities
or other affiliate programs, U.S. Communities offers these opportunities on a voluntary basis to Supplier.
The terms, conditions and commitments outlined and agreed upon in the U.S. Communities
Administration Agreement shall be applied to Canadian Communities and any other international
opportunities.
_________Supplier wishes to participate in Canadian Communities and other international
opportunities, currently has the capacity to serve Canadian Public Agencies, and agrees to abide
by the terms, conditions and commitments of the executed U.S. Communities Administration
Agreement.
_________Supplier does not wish to participate in Canadian Communities or other international
opportunities.
SUPPLIER:
_____________________________,
a ____________________________
By
_______________________________
Name: _______________________________
Title:
_______________________________
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CANADIAN COMMUNITIES
SUPPLIER INFORMATION
If you checked that Supplier wishes to participate in Canadian Communities on the Administration
Agreement Addendum, Affiliate Programs, provide the following additional information.
Company
1. Total number and location of sales persons employed by your company in Canada;
2. Number and location of distribution outlets in Canada (if applicable);
3. Number and location of support centers (if applicable);
4. Annual sales in Canada for 2008, 2009, and 2010.
Pricing
Provide a separate pricing file of products offered in Canada utilizing appropriate units of measure
offered by Supplier.
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EXHIBIT A
MASTER AGREEMENT
(To Be Attached)
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EXHIBIT B
SALES REPORT FORMAT
Exhibit B - US (Data Format)
Sales Report Template
TIN
956000735
956000222
956000735
956000735
066002010
066001854
Column Name
TIN
Supplier ID
Account No.
Agency Name
Dept Name
Address
City
State
Zip
Agency Type
Year
Month
Amount
Supplier ID
Account No.
144
89518997
144
34868035
144
89496461
144
89374835
144
328NA0001053
144
328NA0001051
Data Type
Text
Number
Text
Text
Text
Text
Text
Text
Text
Number
Number
Number
Number
Length
9
3
25 max
255 max
255 max
255 max
255 max
2
5
2
4
1
variable
Agency Name
CITY OF LA/MGMT EMPL SVCS
LOS ANGELES COUNTY
CITY OF LA/ENVIRON AFFAIR
CITY OF LA/COMMUNITY DEV
GROTON TOWN OF PUBLIC WORKS
GROTON CITY OF
SALES REPORT DATA FORMAT
Example
956000735, 066001854
111, 110, 116
Depends on supplier account no.
City of Groton, Los Angeles County
Purchasing Dept, Finance Dept
Pittsburgh, Los Angeles
PA, CA, IL
90071, 06340
20, 30, 31
2005
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12
45090.79
Dept Name
Purchasing
Facilities
Purchasing
Purchasing
Water
Administration
Address
555 RAMIREZ ST STE 312
350 S FIGUEROA ST STE 700
555 RAMIREZ ST STE 312
555 RAMIREZ ST STE 312
123 A St.
123 A St.
Comment
No Dash, Do not omit leading zero.
See Supplier ID Table Below
Must be a valid City name
No Dash, Do not omit leading zero, Valid zip code
See Agency Type Table Below
Two digit decimal point, no $ sign or commas
Agency Type Table
Agency Type ID Agency Type Description
10
K-12
11
Community College
12
College and University
20
City
21
City Special District
22
Consolidated City/County
30
County
31
County Special District
80
State Agency
81
Independent Special District
82
Non-Profit
84
Other
99
Unknown
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City
LOS ANGELES
LOS ANGELES
LOS ANGELES
LOS ANGELES
GROTON
GROTON
State
CA
CA
CA
CA
CT
CT
Zip
90012
90071
90012
90012
06340
06340
Agency Type
20
30
20
20
20
20
Year Month
2008
4
2008
4
2008
4
2008
4
2008
4
2008
4
Amount
1525.50
1603.64
1625.05
45090.79
318.00
212.00
Appendix C
Appendix C
State Notice Addendum
Pursuant to certain state notice provisions the following public agencies and political
subdivisions of the referenced public agencies are eligible to access the contract award
made pursuant to this solicitation. Public agencies and political subdivisions are hereby
given notice of the foregoing Invitation to Bid for purposes of complying with the
procedural requirements of said statutes:
Nationwide:
http://www.usa.gov/Agencies/Local_Government/Cities.shtml
Other states:
State of Oregon, State of Hawaii, State of Louisiana
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Registered Cities, Towns, Villages and Boroughs in OR
1 CEDAR MILL COMMUNITY LIBRARY
2 CITY COUNTY INSURANCE SERVICES
3 CITY OF ADAIR VILLAGE
4 CITY OF ALBANY
5 CITY OF ASHLAND
6 CITY OF ASTORIA OREGON
7 CITY OF AUMSVILLE
8 CITY OF AURORA
9 CITY OF BEAVERTON
10 CITY OF BOARDMAN
11 CITY OF BURNS
12 CITY OF CANBY
13 CITY OF CANNON BEACH OR
14 CITY OF CANYONVILLE
15 CITY OF CENTRAL POINT POLICE DEPARTMENT
16 CITY OF CLATSKANIE
17 CITY OF COBURG
18 CITY OF CONDON
19 CITY OF COOS BAY
20 CITY OF CORVALLIS
21 CITY OF COTTAGE GROVE
22 CITY OF CRESWELL
23 CITY OF DALLAS
24 CITY OF DAMASCUS
25 CITY OF DUNDEE
26 CITY OF EAGLE POINT
27 CITY OF ECHO
28 CITY OF ESTACADA
29 CITY OF EUGENE
30 CITY OF FAIRVIEW
31 CITY OF FALLS CITY
32 CITY OF GATES
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33 CITY OF GEARHART
34 CITY OF GERVAIS
35 CITY OF GOLD HILL
36 CITY OF GRANTS PASS
37 CITY OF GRANTS PASS
38 CITY OF GRESHAM
39 CITY OF HALSEY
40 CITY OF HAPPY VALLEY
41 CITY OF HILLSBORO
42 CITY OF HOOD RIVER
43 CITY OF JOHN DAY
44 CITY OF KLAMATH FALLS
45 CITY OF LA GRANDE
46 CITY OF LAKE OSWEGO
47 City of Lake Oswego
48 CITY OF LAKESIDE
49 CITY OF LEBANON
50 CITY OF LINCOLN CITY
51 CITY OF MALIN
52 CITY OF MCMINNVILLE
53 CITY OF MEDFORD
54 CITY OF MILL CITY
55 CITY OF MILLERSBURG
56 CITY OF MILWAUKIE
57 City of Monmouth
58 CITY OF MORO
59 CITY OF MOSIER
60 CITY OF NEWBERG
61 CITY OF NORTH PLAINS
62 CITY OF OREGON CITY
63 CITY OF PHOENIX
64 CITY OF PILOT ROCK
65 CITY OF PORT ORFORD
66 CITY OF PORTLAND
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67 CITY OF POWERS
68 CITY OF PRAIRIE CITY
69 CITY OF REDMOND
70 CITY OF REEDSPORT
71 CITY OF RIDDLE
72 CITY OF SALEM
73 CITY OF SANDY
74 CITY OF SANDY
75 CITY OF SCAPPOOSE
76 CITY OF SEASIDE
77 CITY OF SHADY COVE
78 CITY OF SHERWOOD
79 CITY OF SILVERTON
80 CITY OF SPRINGFIELD
81 CITY OF ST. PAUL
82 CITY OF STAYTON
83 CITY OF TIGARD, OREGON
84 City of Troutdale
85 CITY OF TUALATIN, OREGON
86 CITY OF WARRENTON
87 CITY OF WEST LINN/PARKS
88 CITY OF WILSONVILLE
89 CITY OF WINSTON
90 CITY OF WOOD VILLAGE
91 CITY OF WOODBURN
92 CITY OF YACHATS
93 FLORENCE AREA CHAMBER OF COMMERCE
94 GASTON RURAL FIRE DEPARTMENT
95 GLADSTONE POLICE DEPARTMENT
96 Hermiston Fire & Emergency Svcs
97 HOUSING AUTHORITY OF THE CITY OF SALEM
98 KEIZER POLICE DEPARTMENT
99 LEAGUE OF OREGON CITIES
100 MALIN COMMUNITY PARK AND RECREATION DISTRICT
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101 METRO
102 MONMOUTH - INDEPENDENCE NETWORK
103 North Lincoln Fire & Rescue #1
104 PORTLAND DEVELOPMENT COMMISSION
105 RAINIER POLICE DEPARTMENT
106 RIVERGROVE WATER DISTRICT
107 St. Helens, City of
108 SUNSET EMPIRE PARK AND RECREATION
109 THE CITY OF NEWPORT
110 THE NEWPORT PARK AND RECREATION CENTER
111 TILLAMOOK PEOPLES UTILITY DISTRICT
112 Tillamook Urban Renewal Agency
113 TUALATIN VALLEY FIRE & RESCUE
114 WEST VALLEY HOUSING AUTHORITY
Registered Counties and Parishes in OR
1 ASSOCIATION OF OREGON COUNTIES
2 BAY AREA HOSPITAL DISTRICT
3 BENTON COUNTY
4 Benton Soil & Water Conservation District
5 CENTRAL OREGON IRRIGATION DISTRICT
6 CLACKAMAS COUNTY DEPT OF TRANSPORTATION
7 CLATSOP COUNTY
8 CLEAN WATER SERVICES
9 COLUMBIA COUNTY, OREGON
10 COLUMBIA RIVER PUD
11 COOS COUNTY HIGHWAY DEPARTMENT
12 CROOK COUNTY ROAD DEPARTMENT
13 CURRY COUNTY OREGON
14 DESCHUTES COUNTY
15 DESCHUTES COUNTY ITBD NO.2
16 DESCHUTES PUBLIC LIBRARY SYSTEM
17 DOUGLAS COUNTY
18 EAST MULTNOMAH SOIL AND WATER CONSERVANCY
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19 GILLIAM COUNTY
20 GILLIAM COUNTY OREGON
21 GRANT COUNTY, OREGON
22 HARNEY COUNTY SHERIFFS OFFICE
23 HOOD RIVER COUNTY
24 HOUSING AUTHORITY AND COMMUNITY SERVICES AGENCY
25 HOUSING AUTHORITY OF CLACKAMAS COUNTY
26 JACKSON COUNTY HEALTH AND HUMAN SERVICES
27 JEFFERSON COUNTY
28 Josephine County Sheriff
29 KLAMATH COUNTY VETERANS SERVICE OFFICE
30 LAKE COUNTY
31 LANE COUNTY
32 LINCOLN COUNTY
33 LINN COUNTY
34 MARION COUNTY , SALEM, OREGON
35 MARION COUNTY FIRE DISTRCT #1
36 MORROW COUNTY
37 MULTNOMAH COUNTY
38 MULTNOMAH LAW LIBRARY
39 MULTONAH COUNTY DRAINAGE DISTRICT #1
40 NAMI LANE COUNTY
41 NEAH KAH NIE WATER DISTRICT
42 OR INT'L PORT OF COOS BAY
43 POLK COUNTY
44 PORT OF BANDON
45 PORT OF UMPQUA
46 SANDY FIRE DISTRICT NO. 72
47 SHERMAN COUNTY
48 UMATILLA COUNTY, OREGON
49 UNION COUNTY
50 WALLOWA COUNTY
51 WASCO COUNTY
52 WASHINGTON COUNTY
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53 YAMHILL COUNTY
54 YOUNGS RIVER LEWIS AND CLARK WATER DISTRICT
Registered Higher Education in OR
1 BIRTHINGWAY COLLEGE OF MIDWIFERY
2 BLUE MOUNTAIN COMMUNITY COLLEGE
3 CENTRAL OREGON COMMUNITY COLLEGE
4 CHEMEKETA COMMUNITY COLLEGE
5 CLACKAMAS COMMUNITY COLLEGE
6 COLUMBIA GORGE COMMUNITY COLLEGE
7 GEORGE FOX UNIVERSITY
8 KLAMATH COMMUNITY COLLEGE DISTRICT
9 LANE COMMUNITY COLLEGE
10 LEWIS AND CLARK COLLEGE
11 LINFIELD COLLEGE
12 LINN-BENTON COMMUNITY COLLEGE
13 MARYLHURST UNIVERSITY
14 MT. HOOD COMMUNITY COLLEGE
15 MULTNOMAH BIBLE COLLEGE
16 NATIONAL COLLEGE OF NATURAL MEDICINE
17 NORTHWEST CHRISTIAN COLLEGE
18 OREGON HEALTH AND SCIENCE UNIVERSITY
19 OREGON UNIVERSITY SYSTEM
20 PACIFIC UNIVERSITY
21 PORTLAND COMMUNITY COLLEGE
22 PORTLAND STATE UNIV.
23 REED COLLEGE
24 ROGUE COMMUNITY COLLEGE
25 SOUTHWESTERN OREGON COMMUNITY COLLEGE
26 TILLAMOOK BAY COMMUNITY COLLEGE
27 UMPQUA COMMUNITY COLLEGE
28 WESTERN STATES CHIROPRACTIC COLLEGE
29 WILLAMETTE UNIVERSITY
Registered K-12 in OR
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1 Amity School District 4-J
2 ARCHBISHOP FRANCIS NORBERT BLANCHET SCHOOL
3 ARLINGTON SCHOOL DISTRICT NO. 3
4 ASTORIA SCHOOL DISTRICT 1C
5 BAKER COUNTY SCHOOL DIST. 16J - MALHEUR ESD
6 BAKER SCHOOL DISTRICT 5-J
7 BANDON SCHOOL DISTRICT
8 BANKS SCHOOL DISTRICT
9 BEAVERTON SCHOOL DISTRICT
10 BEND / LA PINE SCHOOL DISTRICT
11 BEND-LA PINE SCHOOL DISTRICT
12 BROOKING HARBOR SCHOOL DISTRICT NO.17-C
13 CANBY SCHOOL DISTRICT
14 CANYONVILLE CHRISTIAN ACADEMY
15 CASCADE SCHOOL DISTRICT
16 CASCADES ACADEMY OF CENTRAL OREGON
17 CENTENNIAL SCHOOL DISTRICT
18 CENTRAL CATHOLIC HIGH SCHOOL
19 CENTRAL POINT SCHOOL DISTRICT NO. 6
20 CENTRAL SCHOOL DISTRICT 13J
21 CLACKAMAS EDUCATION SERVICE DISTRICT
22 COOS BAY SCHOOL DISTRICT
23 COOS BAY SCHOOL DISTRICT NO.9
24 COQUILLE SCHOOL DISTRICT 8
25 COUNTY OF YAMHILL SCHOOL DISTRICT 29
26 CRESWELL SCHOOL DISTRICT
27 CROSSROADS CHRISTIAN SCHOOL
28 CULVER SCHOOL DISTRICT NO.
29 DALLAS SCHOOL DISTRICT NO. 2
30 DAVID DOUGLAS SCHOOL DISTRICT
31 DAYTON SCHOOL DISTRICT NO.8
32 DE LA SALLE N CATHOLIC HS
33 DESCHUTES COUNTY SD NO.6 - SISTERS SD
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34 DOUGLAS COUNTY SCHOOL DISTRICT 116
35 DOUGLAS EDUCATION SERVICE DISTRICT
36 DUFUR SCHOOL DISTRICT NO.29
37 ELKTON SCHOOL DISTRICT NO.34
38 ESTACADA SCHOOL DISTRICT NO.108
39 FOREST GROVE SCHOOL DISTRICT
40 GASTON SCHOOL DISTRICT 511J
41 GEN CONF OF SDA CHURCH WESTERN OR
42 GERVAIS SCHOOL DIST. #1
43 GLADSTONE SCHOOL DISTRICT
44 GLENDALE SCHOOL DISTRICT
45 GLIDE SCHOOL DISTRICT NO.12
46 GRANTS PASS SCHOOL DISTRICT 7
47 GREATER ALBANY PUBLIC SCHOOL DISTRICT
48 GRESHAM-BARLOW SCHOOL DISTRICT
49 HARNEY COUNTY SCHOOL DIST. NO.3
50 HARNEY EDUCATION SERVICE DISTRICT
51 HEAD START OF LANE COUNTY
52 HERITAGE CHRISTIAN SCHOOL
53 HIGH DESERT EDUCATION SERVICE DISTRICT
54 hillsboro school district
55 HOOD RIVER COUNTY SCHOOL DISTRICT
56 JACKSON CO SCHOOL DIST NO.9
57 JEFFERSON COUNTY SCHOOL DISTRICT 509-J
58 JEFFERSON SCHOOL DISTRICT
59 KLAMATH FALLS CITY SCHOOLS
60 LA GRANDE SCHOOL DISTRICT
61 LAKE OSWEGO SCHOOL DISTRICT 7J
62 LANE COUNTY SCHOOL DISTRICT 4J
63 LANE COUNTY SCHOOL DISTRICT 69
64 LEBANON COMMUNITY SCHOOLS NO.9
65 LINCOLN COUNTY SCHOOL DISTRICT
66 LINN CO. SCHOOL DIST. 95C - SCIO SD
67 LIVINGSTONE ADVENTIST ACADEMY
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68 LOST RIVER JR/SR HIGH SCHOOL
69 LOWELL SCHOOL DISTRICT NO.71
70 MARION COUNTY SCHOOL DISTRICT 103 - WASHINGTON ES
71 MCMINNVILLE SCHOOL DISTRICT NO.40
72 MEDFORD SCHOOL DISTRICT 549C
73 MITCH CHARTER SCHOOL
74 MOLALLA RIVER ACADEMY
75 MOLALLA RIVER SCHOOL DISTRICT NO.35
76 MONROE SCHOOL DISTRICT NO.1J
77 MORROW COUNTY SCHOOL DISTRICT
78 MT. ANGEL SCHOOL DISTRICT NO.91
79 MT.SCOTT LEARNING CENTERS
80 MULTISENSORY LEARNING ACADEMY
81 MULTNOMAH EDUCATION SERVICE DISTRICT
82 MYRTLE POINT SCHOOL DISTRICT NO.41
83 NEAH-KAH-NIE DISTRICT NO.56
84 NESTUCCA VALLEY SCHOOL DISTRICT NO.101
85 NOBEL LEARNING COMMUNITIES
86 NORTH BEND SCHOOL DISTRICT 13
87 NORTH CLACKAMAS SCHOOL DISTRICT
88 NORTH SANTIAM SCHOOL DISTRICT 29J
89 NORTH WASCO CTY SCHOOL DISTRICT 21 - CHENOWITH
90 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT
91 NYSSA SCHOOL DISTRICT NO. 26
92 ONTARIO MIDDLE SCHOOL
93 OREGON TRAIL SCHOOL DISTRICT NO.46
94 OUR LADY OF THE LAKE SCHOOL
95 PHILOMATH SCHOOL DISTRICT
96 PHOENIX-TALENT SCHOOL DISTRICT NO.4
97 PORTLAND ADVENTIST ACADEMY
98 PORTLAND JEWISH ACADEMY
99 PORTLAND PUBLIC SCHOOLS
100 RAINIER SCHOOL DISTRICT
101 REDMOND PROFICIENCY ACADEMY
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102 REDMOND SCHOOL DISTRICT
103 REEDSPORT SCHOOL DISTRICT
104 REYNOLDS SCHOOL DISTRICT
105 ROGUE RIVER SCHOOL DISTRICT NO.35
106 ROSEBURG PUBLIC SCHOOLS
107 SALEM-KEIZER PUBLIC SCHOOLS
108 Santiam Canyon SD 129J
109 SCAPPOOSE SCHOOL DISTRICT 1J
110 SEASIDE SCHOOL DISTRICT 10
111 SEVEN PEAKS SCHOOL
112 Sheridan School District 48J
113 SHERWOOD SCHOOL DISTRICT 88J
114 SILVER FALLS SCHOOL DISTRICT
115 SIUSLAW SCHOOL DISTRICT
116 SOUTH COAST EDUCATION SERVICE DISTRICT
117 SOUTH LANE SCHOOL DISTRICT 45J3
118 SOUTH UMPQUA SCHOOL DISTRICT #19
119 SOUTHERN OREGON EDUCATION SERVICE DISTRICT
120 SOUTHWEST CHARTER SCHOOL
121 SPRINGFIELD SCHOOL DISTRICT NO.19
122 St. Mary Catholic School
123 St. Paul School District
124 STANFIELD SCHOOL DISTRICT
125 SWEET HOME SCHOOL DISTRICT NO.55
126 THE CATLIN GABEL SCHOOL
127 TIGARD-TUALATIN SCHOOL DISTRICT
128 UMATILLA-MORROW ESD
129 VERNONIA SCHOOL DISTRICT 47J
130 WEST HILLS COMMUNITY CHURCH
131 WEST LINN WILSONVILLE SCHOOL DISTRICT
132 WHITEAKER MONTESSORI SCHOOL
133 WILLAMETTE EDUCATION SERVICE DISTRICT
134 WILLAMINA SCHOOL DISTRICT
135 Yamhill Carlton School District
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136 YONCALLA SCHOOL DISTRICT NO.32
Registered NonProfit and Other in OR
1 211INFO
2 ACUMENTRA HEALTH
3 ADDICTIONS RECOVERY CENTER, INC
4 All God's Children International
5 ALLFOURONE/CRESTVIEW CONFERENCE CTR.
6 ALVORD-TAYLOR INDEPENDENT LIVING SERVICES
7 ALZHEIMERS NETWORK OF OREGON
8 ASHLAND COMMUNITY HOSPITAL
9 ATHENA LIBRARY FRIENDS ASSOCIATION
10 BARLOW YOUTH FOOTBALL
11 BAY AREA FIRST STEP, INC.
12 BENTON HOSPICE SERVICE
13 BETHEL CHURCH OF GOD
14 BIRCH COMMUNITY SERVICES, INC.
15 BLACHLY LANE ELECTRIC COOPERATIVE
16 BLIND ENTERPRISES OF OREGON
17 Bob Belloni Ranch, Inc.
18 BONNEVILLE ENVIRONMENTAL FOUNDATION
19 BOYS AND GIRLS CLUBS OF PORTLAND METROPOLITAN AREA
20 BROAD BASE PROGRAMS INC.
21 CANBY FOURSQUARE CHURCH
22 CANCER CARE RESOURCES
23 CASCADIA BEHAVIORAL HEALTHCARE
24 CASCADIA REGION GREEN BUILDING COUNCIL
25 CATHOLIC CHARITIES
26 CATHOLIC COMMUNITY SERVICES
27 CENTER FOR COMMUNITY CHANGE
28 CENTER FOR RESEARCH TO PRACTICE
29 CENTRAL BIBLE CHURCH
30 CENTRAL CITY CONCERN
31 CENTRAL DOUGLAS COUNTY FAMILY YMCA
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32 CENTRAL OREGON COMMUNITY ACTION AGENCY NETWORK
33 CHILDPEACE MONTESSORI
34 CITY BIBLE CHURCH
35 CLACKAMAS RIVER WATER
36 CLASSROOM LAW PROJECT
37 Clatskanie People's Utility District
38 COAST REHABILITATION SERVICES
39 Coastal Family Health Center
40 COLLEGE HOUSING NORTHWEST
41 COLUMBIA COMMUNITY MENTAL HEALTH
42 COMMUNITY ACTION ORGANIZATION
43 COMMUNITY ACTION TEAM, INC.
44 COMMUNITY CANCER CENTER
45 COMMUNITY HEALTH CENTER, INC
46 COMMUNITY VETERINARY CENTER
47 CONFEDERATED TRIBES OF GRAND RONDE
48 CONSERVATION BIOLOGY INSTITUTE
49 CONTEMPORARY CRAFTS MUSEUM AND GALLERY
50 CORVALLIS MOUNTAIN RESCUE UNIT
51 COVENANT CHRISTIAN HOOD RIVER
52 COVENANT RETIREMENT COMMUNITIES
53 DECISION SCIENCE RESEARCH INSTITUTE, INC.
54 DELIGHT VALLEY CHURCH OF CHRIST
55 DOGS FOR THE DEAF, INC.
56 DOUGLAS ELECTRIC COOPERATIVE, INC.
57 EAST HILL CHURCH
58 EAST SIDE FOURSQUARE CHURCH
59 EAST WEST MINISTRIES INTERNATIONAL
60 EDUCATIONAL POLICY IMPROVEMENT CENTER
61 ELMIRA CHURCH OF CHRIST
62 EMERALD PUD
63 EMMAUS CHRISTIAN SCHOOL
64 EN AVANT, INC.
65 ENTERPRISE FOR EMPLOYMENT AND EDUCATION
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66 environmental law alliance worldwide
67 EUGENE BALLET COMPANY
68 EUGENE SYMPHONY ASSOCIATION, INC.
69 EUGENE WATER & ELECTRIC BOARD
70 EVERGREEN AVIATION MUSEUM AND CAP. MICHAEL KING.
71 FAIR SHARE RESEARCH AND EDUCATION FUND
72 FAITH CENTER
73 FAITHFUL SAVIOR MINISTRIES
74 FAMILIES FIRST OF GRANT COUNTY, INC.
75 FANCONI ANEMIA RESEARCH FUND INC.
76 FARMWORKER HOUISNG DEV CORP
77 First Baptist Church of Enterprise
78 FIRST CHURCH OF THE NAZARENE
79 FIRST UNITARIAN CHURCH
80 FORD FAMILY FOUNDATION
81 FOUNDATIONS FOR A BETTER OREGON
82 FRIENDS OF THE CHILDREN
83 GATEWAY TO COLLEGE NATIONAL NETWORK
84 GOAL ONE COALITION
85 GOLD BEACH POLICE DEPARTMENT
86 GOOD SHEPHERD COMMUNITIES
87 Good Shepherd Medical Center
88 GOODWILL INDUSTRIES OF LANE AND SOUTH COAST COUNTIES
89 GRACE BAPTIST CHURCH
90 GRANT PARK CHURCH
91 GRANTS PASS MANAGEMENT SERVICES, DBA
92 GREATER HILLSBORO AREA CHAMBER OF COMMERCE
93 HALFWAY HOUSE SERVICES, INC.
94 HEARING AND SPEECH INSTITUTE INC
95 HELP NOW! ADVOCACY CENTER
96 HIGHLAND HAVEN
97 HIGHLAND UNITED CHURCH OF CHRIST
98 HIV ALLIANCE, INC
99 HOUSING AUTHORITY OF LINCOLN COUNTY
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100 HOUSING AUTHORITY OF PORTLAND
101 HOUSING NORTHWEST
102 Independent Development Enterprise Alliance
103 INDEPENDENT INSURANCE AGENTS AND BROKERS OF OREGON
104 INTERNATIONAL SOCIETY FOR TECHNOLOGY IN EDUCATION
105 INTERNATIONAL SUSTAINABLE DEVELOPMENT FOUNDATION
106 InventSuccess
107 IRCO
108 JASPER MOUNTAIN
109 JUNIOR ACHIEVEMENT
110 KLAMATH HOUSING AUTHORITY
111 LA CLINICA DEL CARINO FAMILY HEALTH CARE CENTER
112 LA GRANDE UNITED METHODIST CHURCH
113 Lane Council of Governments
114 LANE ELECTRIC COOPERATIVE
115 LANE MEMORIAL BLOOD BANK
116 LANECO FEDERAL CREDIT UNION
117 LAUREL HILL CENTER
118 LIFEWORKS NW
119 LIVING WAY FELLOWSHIP
120 LOAVES & FISHES CENTERS, INC.
121 LOCAL GOVERNMENT PERSONNEL INSTITUTE
122 LOOKING GLASS YOUTH AND FAMILY SERVICES
123 MACDONALD CENTER
124 MAKING MEMORIES BREAST CANCER FOUNDATION, INC.
125 MARION COUNTY HOUSING AUTHORITY
126 Mental Health for Children, Inc.
127 METRO HOME SAFETY REPAIR PROGRAM
128 METROPOLITAN FAMILY SERVICE
129 MID COLUMBIA COUNCIL OF GOVERNMENTS
130 MID COLUMBIA MEDICAL CENTER-GREAT 'N SMALL
131 MID-COLUMBIA CENTER FOR LIVING
132 MID-WILLAMETTE VALLEY COMMUNITY ACTION AGENCY, INC
133 MORNING STAR MISSIONARY BAPTIST CHURCH
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134 MORRISON CHILD AND FAMILY SERVICES
135 MOSAIC CHURCH
136 NAMI of Washington County
137 NAMI OREGON
138 NATIONAL PSORIASIS FOUNDATION
139 NATIONAL WILD TURKEY FEDERATION
140 NEW AVENUES FOR YOUTH INC
141 NEW BEGINNINGS CHRISTIAN CENTER
142 NEW HOPE COMMUNITY CHURCH
143 NEWBERG FRIENDS CHURCH
144 NORTH BEND CITY- COOS/URRY HOUSING AUTHORITY
145 North Pacific District of Foursquare Churches
146 NORTHWEST ENERGY EFFICIENCY ALLIANCE
147 NORTHWEST FOOD PROCESSORS ASSOCIATION
148 NORTHWEST LINE JOINT APPRENTICESHIP & TRAINING COMMITTEE
149 NORTHWEST REGIONAL EDUCATIONAL LABORATORY
150 NORTHWEST YOUTH CORPS
151 OCHIN
152 OHSU FOUNDATION
153 OLIVET BAPTIST CHURCH
154 OMNIMEDIX INSTITUTE
155 OPEN MEADOW ALTERNATIVE SCHOOLS, INC.
156 OREGON BALLET THEATRE
157 OREGON CITY CHURCH OF THE NAZARENE
158 OREGON COAST COMMUNITY ACTION
159 OREGON DEATH WITH DIGNITY
160 OREGON DONOR PROGRAM
161 OREGON EDUCATION ASSOCIATION
162 OREGON ENVIRONMENTAL COUNCIL
163 OREGON LIONS SIGHT & HEARING FOUNDATION
164 OREGON MUSUEM OF SCIENCE AND INDUSTRY
165 OREGON PROGRESS FORUM
166 Oregon Psychoanalytic Center
167 OREGON REPERTORY SINGERS
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168 Oregon Research Institute
069 OREGON STATE UNIVERSITY ALUMNI ASSOCIATION
170 OREGON SUPPORTED LIVING PROGRAM
171 OSLC COMMUNITY PROGRAMS
172 OUTSIDE IN
173 OUTSIDE IN
174 PACIFIC CASCADE FEDERAL CREDIT UNION
175 PACIFIC FISHERY MANAGEMENT COUNCIL
176 PACIFIC INSTITUTES FOR RESEARCH
177 PACIFIC STATES MARINE FISHERIES COMMISSION
178 PARALYZED VETERANS OF AMERICA
179 PARTNERSHIPS IN COMMUNITY LIVING, INC.
180 PENDLETON ACADEMIES
181 PENTAGON FEDERAL CREDIT UNION
182 PLANNED PARENTHOOD OF SOUTHWESTERN OREGON
183 PORT CITY DEVELOPMENT CENTER
184 PORTLAND ART MUSEUM
185 PORTLAND BUSINESS ALLIANCE
186 PORTLAND HABILITATION CENTER, INC.
187 Portland Oregon Visitors Association
188 PORTLAND SCHOOLS FOUNDATION
189 PORTLAND WOMENS CRISIS LINE
190 PREGNANCY RESOUCE CENTERS OF GRETER PORTLAND
191 PRINGLE CREEK SUSTAINABLE LIVING CENTER
192 PROVIDENCE HOOD RIVER MEMORIAL HOSPITAL
193 PUBLIC DEFENDER SERVICES OF LANE COUNTY, INC.
194 QUADRIPLEGICS UNITED AGAINST DEPENDENCY, INC.
195 REBUILDING TOGETHER - PORTLAND INC.
196 REGIONAL ARTS AND CULTURE COUNCIL
197 RELEVANT LIFE CHURCH
198 RENEWABLE NORTHWEST PROJECT
199 ROGUE FEDERAL CREDIT UNION
200 ROSE VILLA, INC.
201 SACRED HEART CATHOLIC DAUGHTERS
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202 Safe Harbors
203 SAIF CORPORATION
204 SAINT ANDREW NATIVITY SCHOOL
205 SAINT CATHERINE OF SIENA CHURCH
206 SAINT JAMES CATHOLIC CHURCH
207 Salem Academy
208 SALEM ALLIANCE CHURCH
209 SALEM ELECTRIC
210 SALMON-SAFE INC.
211 SCIENCEWORKS
212 SE WORKS
213 SECURITY FIRST CHILD DEVELOPMENT CENTER
214 SELF ENHANCEMENT INC.
215 SERENITY LANE
216 SEXUAL ASSAULT RESOURCE CENTER
217 SHELTERCARE
218 SHERIDAN JAPANESE SCHOOL FOUNDATION
219 SHERMAN DEVELOPMENT LEAGUE, INC.
220 SILVERTON AREA COMMUNITY AID
221 SISKIYOU INITIATIVE
222 SMART
223 SOCIAL VENTURE PARTNERS PORTLAND
224 SONRISE CHURCH
225 SOUTH COAST HOSPICE, INC.
226 SOUTH LANE FAMILY NURSERY DBA FAMILY RELIEF NURSE
227 SOUTHERN OREGON CHILD AND FAMILY COUNCIL, INC.
228 SOUTHERN OREGON HUMANE SOCIETY
229 SPARC ENTERPRISES
230 SPIRIT WIRELESS
231 SPONSORS, INC.
232 SPOTLIGHT THEATRE OF PLEASANT HILL
233 SPRINGFIELD UTILITY BOARD
234 ST VINCENT DE PAUL
235 ST. ANTHONY CHURCH
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236 ST. ANTHONY SCHOOL
237 ST. MARYS OF MEDFORD, INC.
238 St. Matthew Catholic School
239 St. Pius X School
240 ST. VINCENT DEPAUL OF LANE COUNTY
241 STAND FOR CHILDREN
242 STAR OF HOPE ACTIVITY CENTER INC.
243 Store to Door
244 Street Ministry
245 SUMMIT VIEW COVENANT CHURCH
246 SUNNYSIDE FOURSQUARE CHURCH
247 SUNRISE ENTERPRISES
248 SUSTAINABLE NORTHWEST
249 TENAS ILLAHEE CHILDCARE CENTER
250 The Dreaming Zebra Foundation
251 THE EARLY EDUCATION PROGRAM, INC.
252 The International School
253 THE NATIONAL ASSOCIATION OF CREDIT MANAGEMENT-OREGON, INC.
254 THE NEXT DOOR
255 THE OREGON COMMUNITY FOUNDATION
256 THE SALVATION ARMY - CASCADE DIVISION
257 TILLAMOOK CNTY WOMENS CRISIS CENTER
258 TILLAMOOK ESTUARIES PARTNERSHIP
259 TOUCHSTONE PARENT ORGANIZATION
260 TRAILS CLUB
261 TRAINING EMPLOYMENT CONSORTIUM
262 TRI-COUNTY HEALTH CARE SAFETY NET ENTERPRISE
263 TRILLIUM FAMILY SERVICES, INC.
264 UMPQUA COMMUNITY DEVELOPMENT CORPORATION
265 UNION GOSPEL MISSION
266 UNITED CEREBRAL PALSY OF OR AND SW WA
267 UNITED WAY OF THE COLUMBIA WILLAMETTE
268 US CONFERENCE OF MENONNITE BRETHREN CHURCHES
269 US FISH AND WILDLIFE SERVICE
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270 USAGENCIES CREDIT UNION
271 VERMONT HILLS FAMILY LIFE CENTER
272 Viking Sal Senior Center
273 VIRGINIA GARCIA MEMORIAL HEALTH CENTER
274 VOLUNTEERS OF AMERICA OREGON
275 WE CARE OREGON
276 WESTERN RIVERS CONSERVANCY
277 WESTERN STATES CENTER
278 WESTSIDE BAPTIST CHURCH
279 WHITE BIRD CLINIC
280 WILD SALMON CENTER
281 WILLAMETTE FAMILY
282 WILLAMETTE LUTHERAN HOMES, INC
283 WILLAMETTE VIEW INC.
284 Women's Safety & Resource Center
285 WOODBURN AREA CHAMBER OF COMMERCE
286 WORD OF LIFE COMMUNITY CHURCH
287 WORKSYSTEMS INC
288 YOUTH GUIDANCE ASSOC.
289 YWCA SALEM
Registered Special/Independent in OR
1 Banks Fire District #13
2 CENTRAL OREGON INTERGOVERNMENTAL COUNCIL
3 CHEHALEM PARK AND RECREATION DISTRICT
4 COLUMBIA 911 COMMUNICATIONS DISTRICT
5 GLENDALE RURAL FIRE DISTRICT
6 HOODLAND FIRE DISTRICT NO.74
7 KLAMATH COUNTY 9-1-1
8 LANE EDUCATION SERVICE DISTRICT
9 LANE TRANSIT DISTRICT
10 METROPOLITAN EXPOSITION-RECREATION COMMISSION
11 NW POWER POOL
12 OAK LODGE WATER DISTRICT
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13 PORT OF SIUSLAW
14 PORT OF ST HELENS
15 REGIONAL AUTOMATED INFORMATION NETWORK
16 SALEM AREA MASS TRANSIT DISTRICT
17 THE PORT OF PORTLAND
18 TUALATIN HILLS PARK AND RECREATION DISTRICT
19 TUALATIN VALLEY WATER DISTRICT
20 UNION SOIL & WATER CONSERVATION DISTRICT
21 WEST MULTNOMAH SOIL AND WATER CONSERVATION DISTRICT
22 WILLAMALANE PARK AND RECREATION DISTRICT
Registered State Agencies in OR
1 BOARD OF MEDICAL EXAMINERS
2 OFFICE OF MEDICAL ASSISTANCE PROGRAMS
3 OFFICE OF THE STATE TREASURER
4 OREGON BOARD OF ARCHITECTS
5 OREGON CHILD DEVELOPMENT COALITION
6 OREGON DEPARTMENT OF EDUCATION
7 OREGON DEPARTMENT OF FORESTRY
8 OREGON DEPT OF TRANSPORTATION
9 OREGON DEPT. OF EDUCATION
10 OREGON LOTTERY
11 OREGON OFFICE OF ENERGY
12 OREGON STATE BOARD OF NURSING
13 OREGON STATE DEPT OF CORRECTIONS
14 OREGON STATE POLICE
15 OREGON TOURISM COMMISSION
16 OREGON TRAVEL INFORMATION COUNCIL
17 SANTIAM CANYON COMMUNICATION CENTER
18 SEIU LOCAL 503, OPEU
Registered Counties and Parishes in HI
CITY AND COUNTY OF HONOLULU
1 BOARD OF WATER SUPPLY
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2 COUNTY OF HAWAII
3 MAUI COUNTY COUNCIL
Registered Higher Education in HI
1 ARGOSY UNIVERSITY
2 BRIGHAM YOUNG UNIVERSITY - HAWAII
3 COLLEGE OF THE MARSHALL ISLANDS
4 HAWAII PACIFIC UNIVERSITY
5 RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII
6 UNIVERSITY OF HAWAII AT MANOA
Registered K-12 in HI
1 CONGREGATION OF CHRISTIAN BROTHERS OF HAWAII, INC.
2 EMMANUAL LUTHERAN SCHOOL
3 HANAHAU`OLI SCHOOL
4 HAWAII TECHNOLOGY ACADEMY
5 ISLAND SCHOOL
6 KAMEHAMEHA SCHOOLS
7 KE KULA O S. M. KAMAKAU
8 MARYKNOLL SCHOOL
9 PACIFIC BUDDHIST ACADEMY
Registered NonProfit and Other in HI
1 ALOCHOLIC REHABILITATION SVS OF HI INC DBA HINA MAUKA
2 ALOHACARE
3 AMERICAN LUNG ASSOCIATION
4 ASSOSIATION OF OWNERS OF KUKUI PLAZA
5 BISHOP MUSEUM
6 BUILDING INDUSTRY ASSOCIATION OF HAWAII
7 CTR FOR CULTURAL AND TECH INTERCHNG BETW EAST AND WEST
8 EAH, INC.
9 EASTER SEALS HAWAII
10 GOODWILL INDUSTRIES OF HAWAII, INC.
11 HABITAT FOR HUMANITY MAUI
12 HALE MAHAOLU
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13 HAROLD K.L. CASTLE FOUNDATION
14 HAWAII AGRICULTURE RESEARCH CENTER
15 Hawaii Carpenters Market Recovery Program Fund
16 HAWAII EMPLOYERS COUNCIL
17 HAWAII FAMILY LAW CLINIC DBA ALA KUOLA
18 HAWAII STATE FCU
19 HONOLULU HABITAT FOR HUMANITY
20 IUPAT, DISTRICT COUNCIL 50
21 LANAKILA REHABILITATION CENTER INC.
22 LEEWARD HABITAT FOR HUMANITY
23 MAUI COUNTY FCU
24 MAUI ECONOMIC DEVELOPMENT BOARD
25 MAUI ECONOMIC OPPORTUNITY, INC.
26 MAUI FAMILY YMCA
27 NA HALE O MAUI
28 NA LEI ALOHA FOUNDATION
29 NETWORK ENTERPRISES, INC.
30 ORI ANUENUE HALE, INC.
31 PARTNERS IN DEVELOPMENT FOUNDATION
32 POLYNESIAN CULTURAL CENTER
33 PUNAHOU SCHOOL
34 Saint Louis School
35 ST. THERESA CHURCH
36 UNIVERSITY OF HAWAII FEDERAL CREDIT UNION
37 W. M. KECK OBSERVATORY
38 WAIANAE COMMUNITY OUTREACH
39 WAILUKU FEDERAL CREDIT UNION
40 YMCA OF HONOLULU
Registered State Agencies in HI
1 ADMIN. SERVICES OFFICE
2 HAWAII CHILD SUPPORT ENFORCEMENT AGENCY
3 HAWAII HEALTH SYSTEMS CORPORATION
4 SOH- JUDICIARY CONTRACTS AND PURCH
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5 STATE DEPARTMENT OF DEFENSE
6 STATE OF HAWAII
7 STATE OF HAWAII
8 STATE OF HAWAII, DEPT. OF EDUCATION
Registered Cities, Towns, Villages and Boroughs in LA
1 ASCENSION PARISH LIBRARY
2 BALL POLICE DEPARTMENT
3 BREAUX BRIDGE HOUSING AUTHORITY
4 BUNKIE FIRE DEPT
5 CADDO PARISH CLERK OF COURT
6 CITY OF ALEXANDRIA
7 CITY OF BAKER POLICE DEPARTMENT
8 CITY OF BOSSIER
9 CITY OF COVINGTON
10 city of gretna
11 CITY OF HAMMOND
12 CITY OF KENNER
13 CITY OF LAKE CHARLES FIRE DEPT
14 CITY OF LEESVILLE
15 CITY OF MINDEN
16 CITY OF MONROE
17 CITY OF NEW ROADS
18 CITY OF PLAQUEMINE
19 CITY OF PORT ALLEN
20 CITY OF RUSTON
21 CITY OF SHREVEPORT
22 CITY OF SLIDELL
23 CITY OF VILLE PLATTE
24 CITY OF WEST MONROE
25 CITY OF WESTLAKE
26 CITY OF WINNFIELD
27 CITY OF WINNSBORO
28 DENHAM SPRINGS CITY MARSHAL
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29 FIRE PROTECTION DIST. NO. 5
30 GREATER NEW ORLEANS EXPRESSWAY COMMISSION
31 GREATER NEW ORLEANS FOUNDATION
32 LOUISIANA PUBLIC EMPLOYEES COUNCIL 17 AFSCME AFL- CIO BUILDING CORP
33 MONROE CITY
34 Pelican State Credit Union
35 PONCHATOULA POLICE DEPT.
36 RAYNE HOUSING AUTHORITY
37 Sewerage and Water Board of New Orleans
38 ST. BERNARD PARISH GOVERNMENT
39 TOWN OF ARCADIA
40 TOWN OF BENTON
41 TOWN OF CHURCH POINT
42 TOWN OF FARMERVILLE
43 TOWN OF GRAND ISLE
44 TOWN OF HAYNESVILLE
45 TOWN OF HOMER
46 TOWN OF JONESBORO
47 TOWN OF JONESVILLE
48 TOWN OF LEONVILLE
49 TOWN OF OLLA
50 TOWN OF PEARL RIVER
51 TOWN OF RAYVILLE
52 TOWN OF ROSEPINE
53 TOWN OF STERLINGTON
54 TOWN OF WATERPROOF
55 TOWN OF WHITE CASTLE
56 VILLAGE OF FENTON
57 VILLAGE OF FOREST HILL
58 VILLAGE OF PALMETTO
Registered Counties and Parishes in LA
1 15TH JUDICIAL DISTRICT COURT
2 Acadia Parish Clerk of Court
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3 ASSUMPTION PARISH LIBRARY
4 BIENVILLE PARISH POLICE JURY
5 BOSSIER LEVEE DISTRICT
6 BOSSIER PARISH ASSESSOR
7 BOSSIER PARISH CLERK OF CT
8 BOSSIER SHERIFFS DEPARTMENT
9 CADDO PARISH COMMISSION
10 CADDO PARISH TAX ASSESSOR
11 CALDWELL PARISH CLERK OF COURT
12 CALDWELL PARISH HOUSING AUTHORITY
13 CATAHOULA PARISH POLICE JURY
14 CITY OF OPELOUSAS
15 CLAIBORNE PARISH POLICE JURY
16 CONCORDIA PARISH POLICE JURY
17 DESOTO PARISH EMS
18 DESOTO PARISH POLICE JURY
19 DESOTO PARISH TAX ASSESSOR
20 EAST BATON ROUGE PARISH CLERK OF COURT
21 EAST CENTRAL BOSSIER PARISH FIRE DISTRICT #1
22 EAST FELICIANA PARISH SHERIFF OFFICE
23 EVANGELINE PARISH SHERIFF DEPT.
24 FIRE PROTECTION DISTRICT NO 1 OF TENSAS PARISH
25 FRANKLIN ECONOMIC DEVELOPMENT FOUNDATION
26 GRANT PARISH POLICE JURY
27 GRANT PARISH POLICE JURY GAS DEPT.
28 GRANT PARISH SHERIFF
29 IBERIA PARISH GOVERNMENT
30 IBERVILLE PARISH COUNCIL
31 JACKSON PARISH POLICE JURY
32 JEFFERSON PARISH DISTRICT ATTORNEY
33 JEFFERSON PARISH GOVERMENT
34 LA SALLE PARISH POLICE JURY
35 LINCOLN PARISH LIBRARY
36 MOREHOUSE PARISH POLICE JURY
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37 ORLEANS PARISH CRIMINAL SHERIFFS OFFICE
38 OUACHITA MULTI-PURPOSE COMMUNITY ACTION PROGRAM, INC
39 OUACHITA PARISH POLICE JURY
40 OUACHITA PARISH POLICE JURY
41 PLAQUEMINES PARISH GOVERNMENT
42 POINTE COUPEE PARISH POLICE JURY
43 RAPIDES PARISH LIBRARY
44 RAPIDES PARISH POLICE JURY
45 RICHLAND PARISH LIBRARY
46 RICHLAND PARISH SHERIFF DEPARTMENT
47 SOUTH CENTRAL PLANNING AND DEVELOPMENT COMMISSION
48 ST JOHNS THE BAPTIST PARISH
49 ST LANDRY PARISH SHERIFF DEPT
50 ST TAMMANY FIRE DISTRICT 4
51 ST. BERNARD PARISH ADULT DRUG COURT
52 ST. CHARLES PARISH
53 ST. MARY PARISH GOVERNMENT
54 St. Mary Parish Recreation District #3
55 St. Tammany Parish Assessor
56 SULPHUR PARKS AND RECREATION
57 TANGIPAHOA MOSQUITO ABATEMENT DISTRICT
58 TENSAS PARISH POLICE JURY
59 THIRD JUDICIAL DISTRICT COURT
60 UNION PARISH HOMELAND SECURITY
61 WEBSTER PARISH POLICE JURY
62 WEST CARROLL PARISH SHERIFFS DEPT.
63 WEST FELICIANA COMMUNICATIONS DISTRICT
64 WINN PARISH DISTRICT ATTORNEY
65 WINN PARISH POLICE JURY
Registered Higher Education in LA
1 Acadiana Technical College
2 CAMERON COLLEGE
3 CENTENARY COLLEGE OF LOUISIANA
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4 COMPASS CAREER COLLEGE
5 DELGADO COMMUNITY COLLEGE
6 DILLARD UNIVERSITY
7 GRETNA CAREER COLLEGE
8 Kappa Kappa Gamma
9 LOUISIANA STATE UNIVERSITY
10 LOUISIANA TECHNICAL COLLEGE
11 LOYOLA UNIVERSITY OF NEW ORLEANS
12 LSUHSC - SHREVEPORT
13 NEW ORLEANS BAPTIST THEOLOGICAL SEMINARY
14 NOTRE DAME SEMINARY
15 OUR LADY OF HOLY CROSS COLLEGE
16 SOUTH LA COMMUNITY COLLEGE
17 SOUTHEASTERN LOUISIANA UNIVERSITY
18 SOUTHERN UNIVERSITY
19 THE ADMINISTRATORS OF THE TULANE EDUCATIONAL FUND
20 THE ART STATION
Registered K-12 in LA
1 ACADEMY OF THE SACRED HEART
2 ACADIA PARISH SCHOOL BOARD
3 Advocacy for the Arts & Technology
4 Alexandria Country Day School
5 ARCHBISHOP RUMMEL HIGH SCHOOL
6 Archbishop Shaw High School
7 AVOYELLES PARISH SCHOOL BOARD
8 BEAUREGARD PARISH SCHOOL BOARD
9 BOSSIER PARISH SCHOOL BOARD
10 Bossier Parish School Board (BPSB)
11 CADDO PARISH MAGNET HIGH SCHOOL
12 CADDO PARISH SCHOOLS
13 CALCASIEU PARISH SCHOOL SYSTEM
14 CATAHOULA PARISH SCHOOL BOARD
15 CATHOLIC HIGH SCHOOL
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16 CATHOLIC OF POINTE COUPEE SCHOOL
17 Cedar Creek School
18 CENTRAL PRIVATE SCHOOL
19 CENTRAL SCHOOL CORP.
20 CHILDREN'S CHARTER MIDDLE SCHOOL
21 CLAIBORNE PARISH SCHOOL BOARD
22 DARBONNE WOODS CHARTER SCHOOL, INC.
23 DELHI CHARTER SCHOOL
24 DeSoto Parish School Board
25 DIOCESE OF LAFAYETTE
26 E.D. WHITE CATHOLIC HIGH
27 EAST CARROLL PARISH SCHOOL BOARD
28 EPISCOPAL HIGH SCHOOL OF BATON ROUGE
29 EXCELSIOR CHRISTIAN SCHOOL
30 GRACE LUTHERAN CHURCH AND EARLY CHILDHOOD CENTER
31 HOLY TRINITY LUTHERAN CHURCH AND SCHOOL
32 HOSANNA FIRST ASSEMBLY OF GOD
33 IBERVILLE PARISH SCHOOL BOARD
34 JACKSON PARISH SCHOOL BOARD
35 JEFFERSON DAVIS PARISH SCHOOL BOARD
36 JEFFERSON PARISH SCHOOL BOARD
37 JESUS THE GOOD SHEPHERD SCHOOL
38 LAFAYETTE PARISH SCHOOL SYSTEM
39 LINCOLN PARISH SCHOOL BOARD
40 LITTLE ANGELS SCHOOL AND DAY CARE
41 LIVINGSTON PARISH PUBLIC SCHOOLS
42 LORANGER HIGH SCHOOL FOOTBALL
43 MADISON PARISH SCHOOL BOARD
44 MENTORSHIP ACADEMY
45 MONROE CITY SCHOOLS
46 MOREHOUSE PARISH SCHOOL BOARD
47 NEWELLTON ELEMENTARY SCHOOL
48 NORTHEAST BAPTIST SCHOOL
49 OAK FOREST ACADEMY
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50 OPELOUSAS CATHOLIC SCHOOL
51 OUACHITA PARISH SCHOOL BOARD
52 Parkview Baptist
53 RAPIDES PARISH SCHOOL BOARD
54 Recovery School District
55 RICHLAND PARISH SCHOOL BOARD
56 RIVERSIDE ACADEMY
57 ST JOSEPH THE WORKER
58 ST LANDRY PARISH SCHOOL BOARD
59 ST MARY'S DOMINICAN HS
60 ST. AMANT HIGH SCHOOL
61 ST. AUGUSTINE HIGH SCHOOL
62 ST. BERNARD PARISH PUBLIC SCHOOL DISTRICT
63 ST. CLETUS SCHOOL
64 ST. DOMINIC SCHOOL
65 St. Edward School
66 ST. JOAN OF ARC SCHOOL
67 ST. JOHN ELEMENTARY/MIDDLE SCHOOL
68 ST. MARIA GORETTI CHURCH
69 ST. PIUS X SCHOOL
70 St.Mary Parish School Board
71 STATE DEPARTMENT OF EDUCATION
72 TANGIPAHOA PARISH SCHOOL SYSTEM
73 THE DUNHAM SCHOOL
74 UNION PARISH SCHOOL BOARD
75 VERMILION PARISH SCHOOL BOARD
76 VERNON PARISH SCHOOL BOARD
77 VIDALIA JUNIOR HIGH SCHOOL
78 VISITATION OF OUR LADY CATHOLIC SCHOOL
79 WEST BATON ROUGE PARISH SCHOOL BOARD
80 WEST CARROLL PARISH SCHOOL BOARD
81 WESTMINSTER CHRISTIAN ACADEMY
82 WINN PARISH SCHOOL BOARD
Registered NonProfit and Other in LA
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1 A AND B NOTARY
2 ACI ST JOHN LLC
3 ADVOCACY CENTER FOR THE ELDERLY AND DISABLED, INC.
4 AGAPE LOVE
5 ALLEGIANCE HEALTH MANAGEMENT
6 AMERICAN CHILD DAY CARE CENTER
7 ANTIOCH BAPTIST CHURCH
8 APOSTOLIC DELIVERANCE U.P.C. INC.
9 ARCHDIOCESE OF NEW ORLEANS
10 ASSOCIATED PROFESSIONAL EDUCATORS OF LOUISIANA
11 AVOYELLES PROGRESS ACTION COMMITTEE, INC
12 BARKSDALE FEDERAL CREDIT UNION
13 BARKSDALE UNITED METHODIST CHURCH
14 Baton Rouge Children's Advocacy Center
15 Beginners Mind Inc
16 BENTON UNITED METHODIST CHURCH
17 BONITA ROAD BAPTIST CHURCH
18 BOOST FOUNDATION, INC.
19 BOSSIER CHAMBER OF COMMERCE
20 BOSSIER PARISH MAXIMUM SECURITY JAIL
21 BOY SCOUTS OF AMERICA
22 BROADMOOR CHRISTIAN CHURCH
23 BROADMOOR PRESBYTERIAN CHURCH
24 BROADMOOR UNITED METHODIST PRESCHOOL
25 CAJUNDOME
26 CALLAWAY ENTERPRISES
27 CALVARY BAPTIST CHURCH
28 CAPITAL CITY PRESS
29 CENLA AREA AGENCY ON AGING, INC.
30 CENLA COMMUNITY ACTION COMMITTEE, INC.
31 CENTRAL ASSEMBLY OG GOD
32 CENTRAL CITY EOC
33 CHILDREN'S HOSPITAL
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34 CHITIMACHA TRIBE OF LOUISIANA
35 CHRISTVIEW CHRISTIAN CHURCH
36 CITY OF FAITH PRISON MINISTRIES, INC.
37 COMITE BAPTIST CHURCH
38 COMMITTEE FOR PLAQUEMINES RECOVERY
39 COMMUNITY SUPPORT PROGRAMS, INC.
40 COOK BAPTIST CHURCH
41 Cornerstone Church of Zachary Inc
42 CROSSPOINT BAPTIST CHURCH
43 CROSSROADS CHURCH
44 DEMCO
45 DESOTO PARISH LIBRARY
46 DISABLED VETERNS OF LA CHAPTER 4
47 EASTER SEALS LOUISIANA
48 ELDERCARE SUPPORT SERVICES
49 ELIZABETH BAPTIST CHURCH
50 EMMANUEL BAPTIST CHURCH
51 EMMANUEL BAPTIST CHURCH
52 EMMANUEL BAPTIST CHURCH
53 EMMANUEL MISSIONARY BAPTIST CHURCH
54 EVANGELINE BAPTIST CHURCH
55 FAITH TABERNACLE CHURCH
56 FAMILY MEDICAL CLINIC OF MER ROUGE
57 FAMILY RESOURCES OF NEW ORLEANS
58 FAMILY WORSHIP CENTER CHURCH INC
59 FIRST APOSTOLIC CHURCH
60 FIRST BAPTIST CHURCH
61 FIRST BAPTIST CHURCH
62 FIRST BAPTIST CHURCH
63 FIRST BAPTIST CHURCH COVINGTON
64 FIRST BAPTIST CHURCH RUSTON
65 FIRST CHURCH OF GOD IN OAK GROVE, INC.
66 FIRST UNITED METHODIST CHURCH
67 FRANKLIN MEDICAL CENTER
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68 FROM BONDAGE TO FREEDOM
69 G B COOLEY SERVICES
70 GIRL SCOUTS OF LA - PINES TO GULF
71 Girls Scouts Louisiana East
72 Go Care
73 GOOD SAMARITANS OF FRANKLIN
74 GRACE COMMUNITY CHURCH
75 GRACE EPISCOPAL CHURCH
76 GRACE LIFE FELLOWSHIP
77 GREATER ELIZABETH BAPTIST CHURCH
78 GREATER HOPE BAPTIST CHURCH
79 greater mount calvary baptist church
80 GREATER OUACHITA WATER COMPANY
81 GULF COAST HOUSING PARTNERSHIP
82 HANDS ON NETWORK
83 HARVEST CHURCH
84 HAVEN NURSING CENTER, INC.
85 HAVEN REHABILITATION CENTER, INC.
86 HEALING PLACE CHURCH
87 HEBRON BAPTIST CHURCH
88 HOPEWELL BAPTIST CHURCH
89 HOSANNA LUTHERAN CHURCH
90 HOSPITAL SERVICE DISTRICT NO.1, D/B/A TRI-WARD
91 HOUSING AUTHORITY OF BOSSIER CITY
92 HOUSING AUTHORITY OF JEFFERSON PARISH
93 IBERIA MEDICAL CENTER
94 IBTS
95 IFA CHURCH
96 Ingleside United Methodist Church
97 ISTROUMA AREA COUNCIL OF BOY SCOUTS
98 JACKSON PARISH HOSPITAL
99 Jefferson Chamber of Commerce
100 jerico road episcopal housing initiative
101 JEWISH FEDERATION OF GREATER BATON ROUGE
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102 K AND S CHILDHOOD DEVELOPMENT CENTER
103 KING OF KINGS EVANGELICAL LUTHERAN CHURCH
104 KIWANIS INTERNATIOINAL
105 LA ASSEMBLY OF THE CHURCH OF GOD
106 LA ASSOCIATION COMMUNITY ACTION PARTNERSHIPS
107 LA ONE CALL
108 LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION
109 LAFAYETTE TEEN COURT, INC
110 LAKE BETHLEHEM BAPTIST CHURCH
111 LAKESIDE BAPTIST CHURCH
112 LAKESIDE DAY CARE
113 LANE CHAPEL CME
114 LEWIS CME
115 LINCOLN GENERAL HOSPITAL
116 LITTLE THEATRE OF MONROE, INC.
117 LITTLE UNION BAPTIST CHURCH
118 LIVINGSTON PARISH CHAMBER OF COMMERCE
119 LIVINGSTON PARISH PRESIDENT-COUNCIL
120 LMHA - LOUISIANA MANUFACTURED HOUSING ASSOCIATION
121 LOD AND CAROL COOK CONFERENCE CENTER AND HOTEL
122 LOUIS INFANT CRISIS CENTER
123 LOUISIANA ASSOCIATION OF HEALTH PLANS
124 LOUISIANA DISTRICT ATTORNEYS ASSOCIATION
125 LOUISIANA FAMILY FORUM
126 LOUISIANA HEALTH CARE QUALITY FORUM
127 Louisiana Hemopheilia Foundation Inc
128 LOUISIANA REALTORS ASSOCIATION
129 LOUISIANA SPCA
130 Louisiana Workforce LLC
131 LOUISISANA HIGH SCHOOL ATHLETIC ASSOCIATION
132 MACEDONIA MISSIONS, INC.
133 MACON ECONOMIC OPPORTUNITY
134 MARION BAPTIST CHURCH
135 MARY BIRD CANCER CENTER
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136 MCIO HEAD START
137 METRO/REGIONAL BUSINESS INCUBATOR
138 MEYERS MEMORIAL CHAPEL
139 MIRACLE PLACE CHURCH
140 MOREHOUSE GENERAL HOSPITAL
141 MORGAN CITY HOUSING AUTHORITY
142 MORING STAR BAPTIST CHURCH
143 MOUNT CANAAN MISSIONARY BAPTIST CHURCH
144 MOUNT HERMON BAPTIST CHURCH
145 MT. PLEASANT COMMUNITY DEVELOPMENT CORP. INC.
146 MT. SINAI MBC
147 MT. VERNON BAPTIST CHURCH
148 MT. ZION CME CHURCH
149 MW PRINCE HALL MASONIC HALL TEMPLE
150 NALC BRANCH 136
151 NATIONAL SAFETY COUNCIL
152 Nativity of Our Lady Church
153 NEW BEGINNINGS CDC
154 NEW CHAPEL HILL BAPTIST CHURCH
155 NEW DAUGHTERS OF ZION MISSIONARY BAPTIST CHURCH IN
156 NEW GENERATIONS CHURCH OF MONROE, INC
157 NEW GREENWOOD BAPTIST CHURCH
158 new home ministries
159 NEW HORIZONS
160 NEW TABERNACLE BAPTIST CHURCH
161 NEW TESTAMENT UNITED PENTECOSTAL CHURCH
162 NORTH CADDO MEDICAL CENTER
163 NORTHWEST LOUISIANA LIONS EYE BANK
164 NSU CHILD AND FAMILY NETWORK
165 ODYSSEY HOUSE LOUISIANA, INC.
166 OLIVE BRANCH BAPTIST CHURCH
167 OPEN DOOR BAPTIST CHURCH
168 Ouachita Baptist Church
069 Our Lady of Perpetual Help Catholic Church
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170 OUR LADY OF PROMPT SUCCOR CHURCH
171 Our Lady of Victory
172 PARKVIEW BAPTIST CHURCH
173 PCPFHF
174 PCSS
175 PEACEFUL REST BAPTIST CHURCH
176 PENIEL BAPTIST CHURCH
177 PHILADELPHIA BAPTIST CHURCH
178 PINE BELT MULTI-PURPOSE COMMUNITY ACTION AGENCY
179 PLEASANT VALLEY UNC
180 PLEASEAN HILL BAPTIST CHURCH
181 POLICE JURY ASSOCIATION OF LOUISIANA
182 PONCHATOULA AREA RECREATION DISTRICT NO.1
183 PRESBYTERIAN CHURCH OF RUSTON
184 PRIDE COMMUNITY ASSOCIATION
185 PROVIDENCE HOUSE
186 RAPIDES PRIMARY HEALTH CARE CENTER
187 REPUBLICAN PARTY OF LA
188 RIDGE AVENUE BAPTIST CHURCH
189 ROMAN CATHOLIC CHURCH OF THE DIOCESE OF BATON ROUGE
190 SEEKER SPRINGS MINISTRY CENTER
191 SHOWERS OF BLESSING MINISTRIES
192 SHREVEPORT ELECTRICAL HEALTH AND WELFARE FUND
193 SHREVEPORT REGIONAL ARTS COUNCIL
194 SIMMESPORT HOUSING AUTHORITY
195 SOLOMON TEMPLE BAPTIST CHURCH
196 Southern Financial Exchange
197 Southern United Neighborhoods
198 SOUTHSIDE ECONOMIC DEVELOPMENT
199 SOUTHWEST ACADIA HOUSING AUTHORITY
200 ST PATRICK CHURCH
201 ST THOMAS AQUINAS CATHOLIC CHURCH
202 ST. ALOYSIUS CATHOLIC SCHOOL
203 ST. ANDREW PRESBYTERIAN CHURCH
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204 ST. BERNARD PROJECT
205 ST. FRANCES XAVIER CABRINI CATHOLIC CHURCH
206 ST. FRANCIS DINER
207 ST. GEORGE CHURCH
208 ST. JEAN VIANNEY CHURCH
209 ST. JOHN THE BAPTIST CATHOLIC CHURCH
210 ST. JOHN THE BAPTIST CATHOLIC CHURCH
211 ST. LANDRY PARISH HOUSING AUTHORITY
212 ST. MARY CAA, INC.
213 ST. MARY PARISH TOURIST COMMISSION
214 ST. MARYS BAPTIST CHURCH
215 ST. MICHAEL SPECIAL SCHOOL
216 ST. PAUL BAPTIST CHURCH
217 ST. PAULS UNITED METHODIST CHURCH
218 St. Peter Catholic Church
219 ST. REST BAPTIST CHURCH
220 ST.ANSELM CATHOLIC CHURCH
221 ST.MARY PARISH LIBRARY
222 STARLIGHT BAPTIST CHURCH
223 STEEPLE CHASE BAPTIST CHURCH
224 STERLINGTON HOLINESS TABERNACLE
225 SUMMER GROVE BAPTIST ACADEMY
226 SUMMER GROVE BAPTIST CHURCH
227 SWEETWATER BAPTIST CHURCH
228 The Arc Of Iberia
229 THE CELL COMMUNITY SCHOOL & RESOURCE CENTER
230 THE CHURCH OF THE LIVING GOD
231 THE FULLER CENTER FOR HOUSING OF NWLA
232 THE HARVEST
233 THE HOUSE OF FAITH HOPE AND CHARITY
234 THE SALVATION ARMY
235 THE SHREVEPORT-BOSSIER KOREAN PRESBYTERIAN CHURCH
236 THE SPIRIT OF FREEDOM MINISTRIES
237 THE WAY OF HOLINESS APOSTOLIC CHURCH
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238 TOTAL COMMUNITY ACTION, INC.
239 TRAILBLAZER RESOURCE AND CONSERVATION AREA, INC.
240 TRINITY BAPTIST CHURCH
241 Trinity Episcopal Church
242 TRINITY LUTHERAN CHURCH
243 TRINITY WORSHIP CENTER
244 Tulane Hillel
245 Union Comminity Action, Association
246 UNION COUNCIL ON AGING
247 UNION SPRINGS MBC
248 UNITECH TRAINING ACADEMY
249 UNITED AUTO WORKERS UNION
250 UNITED CEREBAL PALSY OF GREATER NEW ORLEANS, INC
251 UNITED METHODIST HOPE MINISTRIES
252 UNITED WAY OF NORTHEAST LOUISIANA, INC.
253 UNITED WAY OF NW LOUISIANA
254 UNITY FOR THE HOMELESS,INC.
255 UNIVERSITY CHURCH OF CHRIST
256 UPWARD BOUND MINISTRIES, INC.
257 URBAN IMPACT MINISTRIES
258 VERMILION PARISH WATERWORKS DISTRICT NO.1
259 VERNON COMMUNITY ACTION COUNCIL, INC.
260 VOLUNTEERS OF AMERICA OF GREATER NEW ORLEANS
261 WEST BATON ROUGE CHAMBER OF COMMERCE
262 WEST BATON ROUGE PARISH POLICE JURY
263 WEST BATON ROUGE S/O WORK RELEASE
264 WEST JEFFERSON MEDICAL CENTER
265 WILLIAMS MEMORIAL CME
266 WILLIS-KNIGHTON FEDERAL CREDIT UNION
267 WORD OF LIFE MINISTRIES
268 WORKFORCE INVESTMENT BOARD SDA-83
269 YMCA OF SHREVEPORT, LA
270 YOUNGSVILLE HOUSING AUTHORITY
Registered Special/Independent in LA
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1 BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS
2 BOSSIER PARISH COMMUNICATIONS DISTRICT NO. 1
3 CAPITAL AREA LEGAL SERVICES CORP
4 LAFAYETTE AIRPORT COMMISSION
5 NEW ORLEANS REGIONAL BUSINESS PARK
6 POVERTY POINT RESERVOIR DISTRICT
7 ST. GEORGE FIRE PROTECTION DISTRICT NO.2
8 ST. TAMMANY PARISH FIRE PROTECTION DISTRICT NO. 3
9 UNIVERSITY [email protected]
Registered State Agencies in LA
1 18TH JDC-ALVIN BATISTE, JR JUDGE
2 26 TH JUDICIAL COURT
3 26TH JUDICIAL DISTRICT PUBLIC DEFENDER
4 C.A.S.S.E.
5 COLUMBIA DEVELOPMENT CENTER
6 CONCEALED HANDGUN PERMIT UNIT
7 Covington Housing Authority
8 DEPARTMENT OF REVENUE/LOUISIANA
9 DEPT OF CULTURE RECREATION AND TOURISM
10 DHH-OFFICE OF PUBLIC HEALTH
11 ELAYN HUNT CORRECTIONAL CENTER
12 HAMMOND DEVELOPMENTAL CENTER
13 HOUMA-TERREBONNE HOUSING AUTHORITY
14 LA DEPT OF WILDLIFE AND FISHERIES
15 LA OFFICE OF STATE PARKS
16 LA RESEARCH PARK CORPORATION
17 LA SHERIFFS PENSION AND RELIEF FUND
18 LA. DIVISION OF ADMINISTRATION
19 LINCOLN COUNCIL ON THE AGING
20 Louisiana Board of Barbers Examiners
21 LOUISIANA BOARD OF CHIROPRACTIC EXAMINERS
22 LOUISIANA DEPARTMENT OF STATE
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23 LOUISIANA HOUSING FINANCE AGENCY
24 LOUISIANA STATE GOV. BIDS
25 LOUISIANA TECH UNIVERSITY
26 LSU AGCENTER EXTENSION SERVICE OFFICE
27 METROPOLITAN DEVELOPMENTAL CENTER
28 MHSD/CHARTRES-PONTCHARTRAIN BEHAVIOR HEALTH CENTER
29 Richland Parish Tax Assessors office
30 Ruston Housing Authority
31 SPECIAL EDUCATION DISTRICT NO.1 OF LAFOURCHE
32 THE SPRINGS OF RECOVERY ADOLESCENT PROGRAM
33 VERNON WORKFORCE CENTER
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Appendix D
ARRA STANDARD TERMS AND CONDITIONS ADDENDUM
FOR CONTRACTS AND GRANTS
If a contract or grant involves the use of funds from the federal American Recovery
and Reinvestment Act of 2009, Pub. L. 111-5 (“Recovery Act”), the following terms and
conditions apply. As used in this Section, “Contractor/Grantee” means the contractor or
grantee receiving Recovery Act funds from City of Charlotte/Mecklenburg County (“City”) under this
agreement.
1. The Contractor/Grantee specifically agrees to comply with each of the terms and
conditions contained herein.
2. Contractor/Grantee understands and acknowledges that the federal stimulus
funding process is still evolving and that new requirements for Recovery Act
compliance may still be forthcoming from federal government, State of North Carolina, and the City of
Charlotte/Mecklenburg. Accordingly, Contractor/Grantee specifically
agrees that both it and subcontractors/subgrantees will comply with all such
requirements during the contract period.
AVAILABILITY OF FUNDING
Contractor/Grantee agrees that programs supported with temporary federal funds made
available from the Recovery Act may not be continued with City of Charlotte/
Mecklenburg County financed appropriations once the temporary federal funds are expended.
BUY AMERICA REQUIREMENT
Contractor/Grantee agrees that pursuant to Section 1605 of Title XV of the Recovery Act, neither
Contractor/Grantee or its subcontractors/subgrantees will use Recovery Act funds for a project for the
construction, alternation, maintenance, or repair of a public building or public work unless all of the iron, steel
and manufactured goods used in the project are produced in the United States in a manner consistent with
United States obligations under international agreements. This requirement shall be applied unless the use of
alternative materials has been approved by a federal agency pursuant to Section 1605.
CONFLICTING REQUIREMENTS
Contractor/Grantee agrees that, to the extent Recovery Act requirements conflict with City of
Charlotte/Mecklenburg requirements, the Recovery Act requirements shall control.
FALSE CLAIMS ACT
Contractor/Grantee agrees that it shall promptly refer to an appropriate federal inspector general any credible
evidence that a principal, employee, agent, subgrantee, subcontractor or other person has submitted a claim
under the federal False Claims Act, as amended, 31 U.S.C. §§3729-3733, or has committed a criminal or civil
violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those
funds.
-134-
ARRA STANDARD TERMS AND CONDITIONS ADDENDUM
FOR CONTRACTS AND GRANTS
ENFORCEABILITY
Contractor/Grantee agrees that if Contractor/Grantee or one of its subcontractors/subgrantees fails to comply
with all applicable federal and state requirements governing the use of Recovery Act funds, City of
Charlotte/Mecklenburg County may withhold or suspend, in whole or in part, funds awarded under the program,
or recover misspent funds following an audit. This provision is in addition to all other remedies available to City
of Charlotte/Mecklenburg County under all applicable state and federal laws.
INSPECTION OF RECORDS
Contractor/Grantee agrees that it shall permit the United States Comptroller General or his representative or the
appropriate inspector general appointed under section 3 or 8G of the federal Inspector General Act of 1978, as
amended, 5 U.S. App. §§3 and 8(g), or his representative to: (1) examine any records that directly pertain to, and
involve transactions relating to, this contract; and (2) interview any officer or employee of Contractor/Grantee or
any of its subcontractors/subgrantees regarding the activities funded with funds appropriated or otherwise made
available by the Recovery Act.
JOB POSTING REQUIREMENTS
Section 1512 of the Recovery Act requires states receiving stimulus funds to report on jobs created and retained
as a result of the stimulus funds. Contractors/Grantees who receive Recovery Act funded contracts are required
to post jobs created and retained as a result of stimulus funds on the State of North Carolina
(www.ncrecovery.gov).
PROHIBITION ON USE OF RECOVERY ACT FUNDS
Contractor/Grantee agrees that none of the funds made available under this contract may be used for any casino
or other gambling establishment, aquarium, zoo, golf course, swimming pools, or similar projects.
REPORTING REQUIREMENTS
Pursuant to Section 1512 of Title XV of the Recovery Act, entities receiving Recovery Act funds must submit a
report to the federal government no later than ten (10) calendar days after the end of each calendar quarter. This
report must contain the information outlined below. Accordingly, Contractor/Grantee agrees to provide the
County with the following information in a timely manner:
a. The total amount of Recovery Act funds received by Contractor/Grantee during the
Reporting Period;
b. The amount of Recovery Act funds that were expended or obligated during the
Reporting Period;
c. A detailed list of all projects or activities for which Recovery Act funds were expending or obligated,
including:
i. the name of the project or activity;
ii. a description of the project or activity;
iii. an evaluation of the completion status of the project or activity; and
iv. an estimate of the number of jobs created and the number of jobs retained by the project or
activity;
-135-
ARRA STANDARD TERMS AND CONDITIONS ADDENDUM
FOR CONTRACTS AND GRANTS
d. For any subcontracts or subgrants equal to or greater than $25,000:
i. The name of the entity receiving the subaward;
ii. The amount of the subaward;
iii. The transaction type;
iv. The North American Industry Classification System (NAICS) code or
Catalog of Federal Domestic Assistance (CFDA) number;
v. Program source;
vi. An award title descriptive of the purpose of each funding action;
vii. The location of the entity receiving the subaward;
viii. The primary location of the subaward, including the city, state, congressional
district and country; and
ix. A unique identifier of the entity receiving the sub-award and the parent entity of Contractor/Grantee,
should the entity be owned by another.
x. The names and total compensation of the five most highly compensated officers of the company if it
received: 1) 80% or more of its annual gross revenues in Federal awards; and 2) $25M or more in
annual gross revenue from Federal awards.
e. For any subcontracts or subgrants of less than $25,000 or to individuals, the information required in d may be
reported in the aggregate and requires the certification of an authorized officer of Contractor/Grantee that the
information contained in the report is accurate.
f. Any other information reasonably requested by the County or required by state or federal law or regulation.
Standard data elements and federal instructions for use in complying with reporting requirements under Section
1512 of the Recovery Act, are pending review by the federal government, and were published in the Federal
Register, 74 Federal Register, 14824 (April 1, 2009), and are to be provided online at
www.FederalReporting.gov.
SEGREGATION OF FUNDS
Contractor/Grantee agrees that it shall segregate obligations and expenditures of Recovery Act funds from other
funding. No part of funds made available under the Recovery Act may be comingled with any other funds or
used for a purpose other than that of making payments for costs specifically allowable under the Recovery Act.
-136-
ARRA STANDARD TERMS AND CONDITIONS ADDENDUM
FOR CONTRACTS AND GRANTS
SUBCONTRACTOR REQUIREMENTS
Contractor/Grantee agrees that it shall include these standard terms and conditions, including this requirement,
in any of its subcontracts or subgrants in connection with projects funded in whole or in part with funds
available under the Recovery Act.
WAGE REQUIREMENTS
Contractor/Grantee agrees that, in accordance with Section 1606 of Title XVI of the Recovery Act, both it and
its subcontractors shall fully comply with this section in that, notwithstanding any other provision of law, and in
a manner consistent with the other provisions of the Recovery Act, all laborers and mechanics employed by
contractors and subcontractors on projects funded in whole or in part with funds available under the Recovery
Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality, as
determined by the United States Secretary of Labor in accordance with Subchapter IV of Chapter 31 of Title 40
of the United States Code. The Secretary of Labor's determination regarding the prevailing wages applicable in
the State of North Carolina are located at: http://www.gpo.gov/davisbacon/NC.html.
WHISTLEBLOWER PROTECTION
Contractor/Grantee agrees that both it and its subcontractors/subgrantees shall comply with Section 1553 of the
Recovery Act, which prohibits all non-federal Contractor/Grantees of Recovery Act funds, including City of
Charlotte/Mecklenburg County, and all contractors and grantees of City of Charlotte/Mecklenburg County, from
discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the
employee reasonably believes are evidence of (1) gross mismanagement of a contract or grant relating to
Recovery Act funds; (2) a gross waste of Recovery Act funds; (3) a substantial and specific danger to public
health or safety related to the implementation or use of Recovery Act funds; (4) an abuse of authority related to
implementation or use of Recovery Act funds; or (5) a violation of law, rule, or regulation related to an agency
contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to
Recovery Act funds. In addition, Contractor/Grantee agrees that it and its subcontractors/subgrantees shall post
notice of the rights and remedies available to employees under Section 1553 of Title XV of the Recovery Act.
-137-
Appendix E
FEMA STANDARD TERMS AND CONDITIONS ADDENDUM
FOR CONTRACTS AND GRANTS
If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency
Management Agency (“FEMA”) grants, Contractor shall comply with all federal laws and regulations applicable
to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the
Code of Federal Regulations, Part 13 (“44 CFR 13”).
In addition, Contractor agrees to the following specific provisions:
1.
Pursuant to 44 CFR 13.36(i)(1), University is entitled to exercise all administrative, contractual, or other
remedies permitted by law to enforce Contractor’s
compliance with the terms of this Master Agreement, including but not limited to those
remedies set forth at 44 CFR 13.43.
2.
Pursuant to 44 CFR 13.36(i)(2), University may terminate the Master Agreement for cause or
convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44
CFR 13.44.
3.
Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with
the following federal laws:
a.
Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as
amended by Executive Order 11375 of October 13, 1967,
and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60);
b.
Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL
regulations (29 CFR Part 3);
c.
Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL
regulations (29 CFR Part 5);
d.
Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330)
as supplemented by DOL regulations (29 CFR Part 5);
e.
Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15); and
f.
Mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation play issued in compliance with the Energy Policy and Conservation
Act (Pub. L. 94-163, 89 Stat. 871).
4.
Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations
pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41.
5.
Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions
regarding patents:
-138-
a.
All rights to inventions and/or discoveries that arise or are developed, in the course of or under
this Agreement, shall belong to the University and be disposed of in accordance with University policy. The
University, at its own discretion, may file for patents in connection with all rights to any such inventions and/or
discoveries.
6.
Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions,
regarding copyrights:
a.
If this Agreement results in any copyrightable material or inventions, in
accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive,
and irrevocable license to reproduce, publish or otherwise use, for Federal
Government purposes:
(1) The copyright in any work developed under a grant or contract; and
(2) Any rights of copyright to which a grantee or a contactor purchases
ownership with grant support.
7.
Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records
of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business
hours and as often as University
deems necessary, Contractor shall permit University, FEMA, the Comptroller General of United States, or any
of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit,
examination, excerpts, and transcriptions.
8.
Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for
three years after FEMA or University makes final payments and all other pending matters are closed. In
addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42.
-139-
March 21, 2011
ATTACHMENT 1 - Charlotte Sample Product List
ITB #269-2011-069
IT IS NOT PRACTICAL TO LIST ALL PARTS / COMPONENTS THAT MAY BE USED BY THE CITY
THIS BID RESPONSE SHEET IS A GENERAL REPRESENTATION OF A CROSS SECTION OF VEHICLE PARTS & AN
INDICATOR OF USAGE FOR BID RESPONSE PURPOSES ONLY. THE CITY DESIRES THE MOST COMPREHENSIVE PRODUCT OFFERING TO ACCOMMODATE THE CITY'S DIVERSE NEEDS
PARTS MAY BE ADDED OR DELETED AT THE SOLE DISCRETION OF THE CITY
Pricing submitted on this Attachment is for comparison and verification of discounts provided on Form 4 (Section 8) only. The Bidder should not consider this Attachment a "core" or high volume list. Pricing of Attachment 1 and 2 does not solely determine lowest bidder. Please refer to section 3.5 for all evaluation criteria.
NOTE : THE BIDDER MAY NEED TO CROSS REFERENCE PART NUMBERS
FOR BID RESPONSE PURPOSES
ITEM
NUMBER
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
CURRENT PART
NUMBER
DESCRIPTION
ESTIMATED
QUANTITY
LIST PRICE
DISCOUNT
(Percentage)
UNIT PRICE
(List Less
Discount)
EXTENDED
PRICE
4885456-AB
A/C,RESISTOR
5
0.00
7156
DRIER, GM P42 VAN 5.7
15
0.00
10-456-05970
YB627
YB591
15-5378
YG343
G3 3
F5TZ-14N-089B
E6DZ-19986-A
15708044
76578-10
E9AZ-18476-A
F80Z-18476-AA
1L3Z-17682-GAA
6W7Z-17683-BA
WM734
625C-11
89025062
6W7Z-5423209-AA
5L1Z-14529-AA
F8AZ-14529-AD
E3TZ-1225-AA
1L3Z-3350-AB
2693205
2695146
5L3Z-3085-B
5C2Z-3050-BA
F87Z-3050-BA
F8AZ-18124-CA
XW7Z-18125-BB
3W7Z 1130 EA
3W7Z-1130-EA
4W7Z-1137-AA
9593233
5W7Z-1007-AA
A17
A/C,FAN MOTOR
DISC & HUB,A/C,2L2Z-19D786-AA
A/C,COIL
A/C,ORIFICE TUBE
A/C,ORIFICE
/C,O
C MOTORCRAFT
O O C
A/C,RELAY,
SWITCH,BLOWER DTB/YH445/MOTORCRAFT
HANDLE ASSY.,RIGHT DOOR,INSIDE
PRESSURE SWITCH,10LB.NC DTB
HEATING,HEATER CORE CROWN VIC
HEATER, CORE, TAURUS 1995-2006
PASSANGER MIRROR
MIRROR LEFT #FORD
WIPER, MOTOR CROWN VIC
BRACKET,MIRROR(E-BUS)
PUMP,WINDSHIELD WASHER
REGULATOR WINDOW
WINDOW SWITCH
SWITCH ,WINDOW
BEARING REAR AXLE
STEERING,IDLER ARM MOTORCRAFT
TIE ROD END NAPA GM 45A0868
INNER TIE ROD FORD
CONTROL ARM
BALL JOINT , E450 BUS
LOWER BALL JOINT FORD RANGER
FRONT SHOCK
REAR SHOCK
HUB CAP,
CAP FULL COVER CROWN VIC
HUB CAP, CROWN VIC
NUT,LUG COVER IMPALA
WHEEL, 16" 2004 C.V.
BRNG. SET 68149/68111/
11
15
15
24
55
67
20
20
14
35
51
20
20
29
11
23
30
30
15
15
16
14
13
14
63
22
13
30
120
250
52
26
57
0.00
0.00
0.00
0.00
0.00
0 00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0 00
0.00
0.00
0.00
0.00
Page 1 of 4
WARRANTY
PERIOD Free
Replacement
(months& or miles)
MANUFACTURER /
BRAND of QUOTED
PART
Part Number for Brand
Quoted
March 21, 2011
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
A2
A5
A6
A12
A18
19743
24017
BRS103
BRS90
3W1Z-4234-A
GL667
GL671
5K887
JK6914A
SA887RM
D328A
3W7Z-12029-AA
DG485
DG508
RR256
12607234
41-993
764
AP103
AP104
AP5144
AP764
SP493
1L3Z-11582-A
DG508
1L3Z-9H486-AA
3F2Z-9S479-AA
F8TZ-8678-FA
RF163
F81Z-8501-FA
PW464
1F1Z-8A080-AA
F5HZ-8A080-KA
RT1178
22136897
RT1196
4W1Z-5E212-A
4W1Z-5E212-B
PFS205
F5TZ-14N089-B
4060882
4060910
4060915
6K950
JK81362
F8UZ-6B209-CA
2W7Z-6B209-AA
BEARING, SET 2
BEARING, SET 5
BRNG. SET 67048/67010
BEARING, SET 12
BEARING, SET 18
SEAL, WHEEL
SEAL, WHEEL
SEAL, REAR AXLES MOTORCRAFT
SEAL, WHEEL FORD
AXLE, CROWN VIC
ALTERNATOR, 200AMP MOTORCRAFT
ALTERNATOR,2003-2006 200AMP
ALTERNATOR BELT
BELT
STARTER-TAURUS MOTORCRAFT
DISTRIBUTOR CAP C1500
COIL
IGN,COIL PACK
IGN,COIL PLUG FORDS
IGNITION,ROTOR GM
SPARK PLUGS GM3500
SPARK PLUG, GM
IGNITION, SPARK PLUG MOTORCRAFT
PLUG SPARK
SPARK, FORD
IGNITION, SPARK PLUG
IGNITION, SPARK PLUG
SPARK PLUG
SPARK PLUG, FORD
SWITCH IGNITION, LOCK ASSY
IGNITION ,COIL
MANIFOLD GASKET FORD
ISOLATOR
PULLY, IDLER, YS-238
RADIATOR,FAN FORD
WATER PUMP
WATER PUMP, MOTORCRAFT
COOLANT RESERVOIR
COOLANT RESERVOIR
COOLANT,THERMOSTAT MOTORCRAFT
FAN MOTOR
THERMOSTAT
CONVERTER EXHAUST
EXHAUST, CAT. CONV. LEFT SIDE
FUEL, PUMP FORD
FUEL, RELAY
BELT, FAN GOODYEAR FORD
BELT, FAN GOODYEAR / FORD
BELT SERPENTINE GOODYEAR / FORD
FAN BELT GM
ENGINE, BELT E450
TENSIONER,DTB E450 DOUBLE PULLEY
IDLER PULLEY
70
66
85
118
122
225
28
70
35
69
44
87
35
20
35
25
35
55
296
21
52
94
295
98
206
90
100
1,500
15
78
366
416
25
53
40
32
40
37
25
24
26
30
25
20
16
24
79
87
18
29
29
20
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0 00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Page 2 of 4
March 21, 2011
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
89017309
CX1874
CX1917
4U7Z-9J460-AA
DA2089
F7DZ-9F945-AB
F77Z-9J460-AB
F4UZ-9F472-A
1F1Z-6B288-BA
H150
28410
H1716
28441
28444
F2TZ-2C150-B
FRC7023
FRC7024
L55604M
L55605M
18E1242
37857
0411.20
0655.20
14D506M
17D370CH
17D699M
17D857M
19152705
2U2Z-2V001-ZA
3U2Z-2V001-BA
43022-SR3-506
45022-SH1-505
AE7385M
AE7652M
AE7653M
AE7707M
AE7733M
AE7734M
AE7890M
BR35B
D601CT
BRSD674A
BRSD679
BRSD748
BRSD931
BRSD932
MKD184FE
MKD369
MKD598
MKD601
MKD652
MKD655FM
BELT TENSION GM
VALVE,IAC VALVE F150 4.6L
IDLE AIR CONTROL / FORD
SENSOR / PFE
SYNCHRONIZER ASSY,F8DZ-12A362-AA
EVAPORATOR CANNISTER SOLENOID
EMISSION, SENSOR EGR
O2 SENSOR
SENSOR, CAM POSITION TAURUS (#DU81)
3/8" HOSE HEATER (UOM: feet)
1/2" HOSE HEATER (UOM: feet)
3/4 HEATER HOSE (UOM: feet)
HOSE HEATER 5/8" 4407 UOM: feet)
HOSE,1"HEATER (UOM: feet)
PIN,REAR DISC BRAKE CALIPER,FORD
R/H UNLOADED CALIPER RAYBESTOS
L/H UNLOADED CALIPER RAYBESTOS
CALIPER,LOADED, RH REAR,BENDIX
CALIPER,LOADED LH REAR, BENDIX
REAR WHEEL CYLINDER CAVALIER
BRAKE, WHEEL CLY, REAR TAURUS NAPA
BRAKE PAD REAR PERF.FRICTION MKD411
BRAKE PADS,FRONT,PERF.FRICTION MKD655FM
BRAKE PADS FRONT 99 CAVALIER ACDELCO
BRAKE PADS FRONT GM
BRAKES, DISC PADS
BRAKE PADS 02 DODGE
BRAKE PADS
BRAKE PADS
DISC BRAKE PADS
BRAKE PADS HONDA
BRAKE PADS HONDA
BRAKE, DISC PAD, NAPA
PAD / DISC BRAKE
BRAKES,PADS, NAPA
BRAKE, DISC BRAKE PAD NAPA
PADS, DISC BRAKE, NAPA
*BRAKE, DISC PAD, NAPA
PADS, DICS BRAKE, NAPA
PADS, DISC BRAKES
PADS, DISC BRAKE BENDIX
DISC BRAKE PADS
BRAKE, BRAKE PAD MOTORCRAFT
PADS,DISC BRAKE, MOTORCRAFT
DISC BRAKE PAD
BENDIX MKD931FM
PADS,DISC BRAKE,MOTORCRAFT
PAD, FRONT AND REAR DISC BRAKE, BENDIX
PADS, DISC BRAKE, NAPA
PADS,DISC BRAKE, BENDIX
*PADS,DISC BRAKE,BENDIX
*BRAKE, DISC BRAKE PAD BENDIX
PAD,FRONT BRAKE,BENDIX
15
18
25
44
67
26
50
15
57
100
100
100
70
50
200
22
20
40
40
27
30
40
175
260
35
83
10
41
26
35
10
8
20
15
15
22
10
16
10
80
20
171
119
286
551
376
32
25
115
46
123
72
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0 00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Page 3 of 4
March 21, 2011
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
MKD679FM
MKD698
MKD699
MKD711FM
MKD757
MKD802
MKD824FM
MKD833
18020612
18B277
80008
18B298A
177-0963
18A507
18A813
19122180
3W1Z-1V125-AA
54029
54033
54059
54069
54092
55034
55054
5580
145326
145353
BRR25
BRR64
BRR99
17452R
705
AF599
PADS,DISC BRAKE, BENDIX
PADS,DISC BRAKE, BENDIX
*PADS, DISC BRAKE, BENDIX
PADS, DISC BRAKE, BENDIX BRSD711 MTRCRAFT
PADS, REAR DISC BRAKE, BENDIX
BRAKE, DISC PAD, BENDIX
PADS, FRONT DISC BRAKE,BENDIX
BRAKE, DISC PAD FRONT, BENDIX
BRAKE DRUM
REAR BRAKE DRUM 02 G3500 ACDELCO
CAVALIER BRAKE DRUMS AIMCO
BRAKE DRUM CAVALIER
BRAKE, ROTORS #GM
BRAKE ROTOR ACDELCO
BRAKE ROTOR ACDELCO
ROTOR CAVALIER GM
BRAKE ROTOR
ROTOR, DISC BRAKE,FRONT AIMCO
F350
ROTOR, DISC BRAKE, FRONT,AIMCO
ROTOR, DISC BRAKE,FRONT AIMCO
ROTOR,DISC BRAKE, FRONT, AIMCO
BRAKE, ROTOR, FRONT AIMCO
ROTOR, DISC BRAKE,FRONT AIMCO
BRAKE ROTOR GM 1500 FRONT
BRAKE ROTOR AIMCO
BRAKE ROTOR BENDIX
ROTOR,DISC BRAKE, REAR, BENDIX
BRAKES, ROTORS FRONT
BRAKE, ROTOR FRONT, MOTRCRAFT
BRAKE ROTORS
REAR BRAKE SHOES 2000 CHEVY G3500
SHOE,BRAKE, BENDIX
BRAKE SHOES BENDIX
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0 00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
271
140
154
280
51
46
60
27
16
25
65
100
28
26
30
100
32
32
20
24
30
103
52
22
45
160
65
28
84
40
20
25
61
$
TOTALS
Page 4 of 4
$
ATTACHMENT 2
Attachment 2
ITB #269-2011-069
Automotive Parts and Accessories for Light, Medium, Heavy Duty Vehicles and Related Services
Pricing submitted on this Attachment is for comparison and verification of discounts provided on Form 4 (Section 8) only. The Bidder should not consider this Attachment a "core" or high volume list. Pricing of Attachment 1 and 2 does not solely determine lowest bidder. Please refer to section 3.5 for all evaluation criteria.
Item
Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Part Number
Manufacturer
Description
Estimated
Quantity
Ph7405A
HPH6349A
PH2
PH3506
PH5
PH16
PH3387A
TG 3675
PH7325
PH4967
PH3600
FL820S
57398
FT1129A
FT1131
FT11364
G8018
G3727
G3850
P1147G
G8758
G3DP
G9796
CA7726
CA9687
CA8039
CA7614
CA8997
CAK3518
TGA8243
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Motorcraft
Wix
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Fram
Oil Filter
Oil Filter
Oil Filter
Oil Filter
Oil Filter
Oil Filter
Oil Filter
Oil Filter
Oil Filter
Oil Filter
Oil Filter
Oil Filter
Oil Filter
Fuel Filter
Fuel Filter
Fuel Filter
Fuel Filter
Fuel Filter
Fuel Filter
Fuel Filter
Fuel Filter
Fuel Filter
Fuel Filter
Air Filter
Air Filter
Air Filter
Air Filter
Air Filter
Air Filter
Air Filter
200
200
200
300
300
300
300
300
500
1400
200
1500
150
100
100
100
100
100
100
100
100
100
200
200
200
200
200
200
200
200
SA7440
SA7421
SA7365
SA3901
SA8038
SA8039
SA6479
SA326
SA6366
SA5056
SA8243
SA8755
SA9055
STP
STP
STP
STP
STP
STP
STP
STP
STP
STP
STP
STP
STP
AIR FILTER
AIR FILTER
AIR FILTER
AIR FILTER
AIR FILTER
AIR FILTER
AIR FILTER
AIR FILTER
AIR FILTER
AIR FILTER
AIR FILTER
AIR FILTER
AIR FILTER
200
200
200
200
100
100
100
100
1000
100
100
100
100
C7058
38001
Fram
Gates
Power Steering Filter
Idler Pully
50
50
List Price
Discount
(Percentage)
Unit Price (List
Manufacturer Brand
less Discount) Extended Price
(If Alternate)
Part Number (If
Alternate)
ATTACHMENT 2
Item
Number
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
Part Number
Manufacturer
MX1067
MX249
QC1159
PD698
20-1
18-1
24-1
77186
CH7877
CH8676SP
E262
APP103
XP104
41-983
Wagner
Wagner
Wagner
Wagner
Trico
Trico
Trico
GM
BWD
BWD
BWD
Autolite
Autolite
AC Delco
APP104
APP104
APP103
1112
AP104
AP105
AP104
AP24
AP25
AP3924
AP5224
AP605
4002
405
412
415
14
71
436
SP-415
SP-419
SP-420
SP-435
SP-450
SP-432
SP-504
SP-479
SP-500
SP-493
505-1160CQ
505-1074CQ
41918
41920
41922
357-205
357-225
41918
Autolite
Autolite
Autolite
Autolite
Autolite
Autolite
Autolite
Autolite
Autolite
Autolite
Autolite
Autolite
Bosch
Champion
Champion
Champion
Champion
Champion
Champion
Description
Disc Pad Set
Disc Pad Set
Disc Pad Set
Disc Pad Set
Wiperblades
Wiperblades
Wiperblades
Interior door handle
ignition Wire Set
Park Wire Set
Ignition Coils
Double Platnium Plugs
Spark Plugs
Platnium Spark Plugs
DOUBLE PLATINUM
DOUBLE PLATINUM
DOUBLE PLATINUM
GLOW
PLATINUM
PLATINUM
PLATINUM
PLATINUM
PLATINUM
PLATINUM
PLATINUM
PLATINUM
PLAT PLUS SPARK PLUG
COPPER PLUS SPRK PLG
COPPER PLUS SPRK PLG
COPPER PLUS SPRK PLG
COPPER PLUS SPRK PLG
COPPER PLUS SPRK PLG
COPPER PLUS SPRK PLG
MOTORCRAFT
SPARK PLUG
MOTORCRAFT
SPARK PLUG
MOTORCRAFT
SPARK PLUG
MOTORCRAFT
SPARK PLUG
MOTORCRAFT
SPARK PLUG
MOTORCRAFT PLATINUM PLATINUM PLUG
MOTORCRAFT PLATINUM PLATINUM PLUG
MOTORCRAFT PLATINUM PLATINUM PLUG
MOTORCRAFT PLATINUM PLATINUM PLUG
MOTORCRAFT PLATINUM PLATINUM PLUG
Raybestos Chassis
LOWER BALL JOINT
Raybestos Chassis
BALL JOINT
Bosch
BOSCH EXCEL+ WIPER B
Bosch
BOSCH EXCEL+ WIPER B
Bosch
BOSCH EXCEL+ WIPER B
Trico
WINTER BLADE
Trico
WINTER BLADE
Bosch
BOSCH EXCEL+ WIPER B
Estimated
Quantity
100
100
100
100
500
500
500
25
50
25
50
200
200
200
300
300
300
100
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
300
500
500
500
500
500
10
10
500
500
500
300
200
200
List Price
Discount
(Percentage)
Unit Price (List
Manufacturer Brand
less Discount) Extended Price
(If Alternate)
Part Number (If
Alternate)
ATTACHMENT 2
Item
Number
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
Part Number
41920
41922
975K7
975K6
910K6
980K6
868K6
915K6
K061020
K060915
K040514
K060910
K060960
K070976
K081035
K080585
K040335
9440
GMD655F
GPD699
Manufacturer
Bosch
Bosch
Duralast
Duralast
Duralast
Duralast
Duralast
Duralast
Gates
Gates
Gates
Gates
Gates
Gates
Gates
Gates
Gates
Gates
Raybestos
Raybestos
Description
BOSCH EXCEL+ WIPER B
BOSCH EXCEL+ WIPER B
POLY-V BELT
POLY-V BELT
POLY-V BELT
POLY-V BELT
POLY-V BELT
POLY-V BELT
MICRO V BELT
MICRO V BELT
MICRO V BELTS
MICRO V BELT
MICRO V BELT
MICRO V-BELT
MICRO V BELT
MICRO V BELT
MICRO V BELT
BELT
BRAKE PAD SEMI-MET.
DISC BRAKE PAD SET
Estimated
Quantity
200
200
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
300
300
List Price
Discount
(Percentage)
Unit Price (List
Manufacturer Brand
less Discount) Extended Price
(If Alternate)
Part Number (If
Alternate)
ATTACHMENT 2
Item
Number
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
Part Number
GPD931
GPD932
GMD459F
1055
53962
53122
G1092
1157LLB2
611-110
611-016
611-122
611-074
610-254
41918
41920
41922
Manufacturer
Raybestos
Raybestos
Raybestos
Raybestos
Grote
Grote
Grote
Phillips Lighting
Dorman
Dorman
Dorman
Dorman
Dorman
Bosch
Bosch
Bosch
Description
DISC BRAKE PAD SET
DISC BRAKE PAD SET
BRAKE PAD SEMI-MET.
HD SILICONE SPRAY
GROMMET MT-OVAL
STT LAMP RED
CLR/MKR LAMP 2.5
MINIATURE LONG LIFE
WHEEL NUT
WHEEL NUT
WHEEL NUT
WHEEL NUT
WHEEL STUD
BOSCH EXCEL+ WIPER B
BOSCH EXCEL+ WIPER B
BOSCH EXCEL+ WIPER B
2796
2872
6632
59070
K8687
A5504-7
A3606-167
59616
63897
13686
ES2836RL
K6512T
10231
13009
45119
45899
4160
SET47
5960
34741
37063
AW3412
AW4094
AW5077
AW47160
36933
36996
58129
58981
PW423
C275
D236
E262
EC1029
S14170
Anchor
Anchor
Murray
Murray
Moog
Autolite
Autolite
Monroe
BWD
Bosch
Moog
Moog
Stant
Stant
Stant
Stant
Timken
Timken
Monroe
Monroe
Monroe
Airtex
Airtex
Airtex
Airtex
Four Seasons
Four Seasons
Four Seasons
Four Seasons
Motorcraft
Borg
Borg
Borg
Borg
Borg
Motor Mounts
Motor Mounts
Gas Cap
Gas Cap
Ball Joint
Alternator
Alternator
Gas Matic Shocks
Fuel Injectors
Oxygen Sensor
Suspension
Idler Arm
Radiator Cap
Thermostat
Thermostat
Thermostat
Wheel Bearing
Bearings
Shocks
Shocks
Shocks
Water Pump
Water Pump
Water Pump
Water Pump
AC & Heating
AC & Heating
AC & Heating
AC & Heating
Water Pump
Electrical systems
Electrical systems
Electrical systems
Electrical systems
Electrical systems
Estimated
Quantity
300
300
300
300
100
200
200
200
50
50
50
50
50
100
100
100
50
50
50
50
50
100
100
100
200
200
100
100
100
300
300
300
100
100
100
100
100
100
100
100
100
50
50
50
50
100
50
50
50
50
50
List Price
Discount
(Percentage)
Unit Price (List
Manufacturer Brand
less Discount) Extended Price
(If Alternate)
Part Number (If
Alternate)
ATTACHMENT 2
Item
Number
168
Part Number
Manufacturer
Description
Dodge Ram 3500 8.0L V0
Gasoline
172
Front Shocks 2004 Ford
Escape 3.0L V6 Gasoline
Front Shocks 2006
Chevrolet Trailblazer SUV
6.6L V8
Rear Shocks 1999 GMC
C3500 7.4L V8 Gasoline
Rear Shocks 1996 Dodge
Ram 3500 8.0L V0
Gasoline
173
Radiator Hose Upper 2006
Chevrolet Impala 3.9L V6
Police Package
169
170
171
174
175
Radiator Hose Upper 2008
Ford Crown Victoria 4.6L
V8 Police Interceptor
Radiator Hose Upper 1999
Dodge Dakota 3.9L V6
Gasoline
Estimated
Quantity
25
50
50
25
25
100
300
25
177
Radiator Hose Lower 2008
Ford Crown Victoria 4.6L
V8 Police Interceptor
Radiator Hose Lower
Lo er 2006
Chevrolet Impala 3.9L V6
Police
Package Gasoline
178
2001 Ford E-350 Econoline
6.8L V10 Gasoline
200
179
Thermostat 2004 Ford
Taurus 3.0L V6 Gasoline
100
180
Thermostat 2001 Ford E350 Econoline 6.8L V10
100
181
Thermostat 2006 Chevrolet
Impala 3.9L V6 Police
Package Gasoline
100
182
Serpentine Belt 2004 Ford
Taurus 3.0L V6 Gasoline
100
176
200
300
List Price
Discount
(Percentage)
Unit Price (List
Manufacturer Brand
less Discount) Extended Price
(If Alternate)
Part Number (If
Alternate)
ATTACHMENT 2
Item
Number
Part Number
183
184
185
186
187
188
Manufacturer
Description
Serpentine Belt 2006
Chevrolet Impala 3.9L V6
Police Package Gasoline
Serpentine Belt 2006
Chevrolet Trailblazer SUV
6.6L V8
Fan Clutch 1999 GMC
C3500 7.4L V8 Gasoline
Fan Clutch 2002 Ford F350
Super Duty 6.8L V10
Gasoline
Camshaft Bearings 2002
Ford F350 Super Duty 6.8L
V10 Gasoline
Camshaft Bearings 1999
Dodge Dakota 3.9L V6
Gasoline
Estimated
Quantity
100
100
50
50
25
10
190
A/C Compressor2006
Chevrolet Impala 3.9L V6
Police Package Gasoline
A/C Compressor 2002 Ford
F350 Super duty 6.8L V10
Gasoline
191
Oxygen Sensor 2006
Chevrolet Impala 3.9L V6
Police Package Gasoline
100
192
Heater Hose 2002 Ford
F350 Super duty 6.8L V10
100
189
25
25
194
Heater Hose 2006
Chevrolet Trailblazer SUV
6.6L
Fuel Pressure Regulator
1999 GMC C3500 7.4L V8
Gasoline
195
Brake Booster 2001 Ford E350 Econoline 6.8L V10
50
196
Brake Booster 1999 GMC
C3500 7.4L V8 Gasoline
25
193
TOTALS
100
25
List Price
Discount
(Percentage)
Unit Price (List
Manufacturer Brand
less Discount) Extended Price
(If Alternate)
Part Number (If
Alternate)
Attachment 3
CATALOG PRICE LIST
ITB #269-2011-069
Light, Medium, Heavy Duty Automotive Parts, Tools, Accessories, Inventory, On-Site Management, and Related Services
Provide all catalog items offered by Bidder for Light, Medium and Heavy Duty Vehicles and Equipment.
Price lists must be provided on a CD in Excel format
Category
Part
Number
Part Description
UOM
Mfg. Name
Mfg.
Number
Percent (%)
Unit Cost
Discount
With Discount
(off MFG List
Applied
Price)
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