The URL can be used to link to this page

Home My WebLink AboutReso 2024-3733RESOLUTION NO. 2024- 3 ?=53 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH ADVANCED GREEN TECHNOLOGIES TO FURNISH AND INSTALL SOLAR PANELS AT GOVERNMENT CENTER, IN AN AMOUNT NOT TO EXCEED ONE MILLION ONE HUNDRED SEVENTY-ONE THOUSAND SEVEN HUNDRED THIRTY-FOUR DOLLARS AND THIRTY-FOUR CENTS ($1,171,734.34), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") is in need of a contractor to furnish and install solar panels on the City's Government Center (the "Services"); and WHEREAS, the Cooperative Council of Governments ("CCOG") on behalf of Equalis Group ("Equalis") is a cooperative purchasing organization that provides contracts competitively solicited by public agencies for a wide array of products and services; and WHEREAS, CCOG issued Request for Proposals No. COG -2143 for Alternative and Renewable Energy Solutions (the "RFP"), and subsequently awarded the RFP to Advanced Roofing, Inc., dba Advanced Green Technologies ("AGT"); and WHEREAS, pursuant to section 62-13(I) of the City's Code of Ordinances, purchases made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a corporation not for profit whose members are governmental entities, provided that such cooperative purchasing arrangements or consortiums provide for a competitive process to select a vendor arte exempt from the City's competitive bidding requirements; and WHEREAS, AGT is willing and able to provide the City with the Services pursuant to the pricing and terms and conditions of the RFP; and WHEREAS, the City Commission wishes to approve an Agreement with AGT to provide the Services, in an amount not to exceed One Million One Hundred Seventy -One Thousand Seven Hundred Thirty -Four Dollars and Thirty -Four Cents ($1,171,734.34), which includes a contingency in the amount of One Hundred Six Thousand One Hundred Nine Dollars and Thirty -Two Cents ($106,109.32), and Four Thousand Five Hundred Thirty -Two Dollars and No Cents ($4,532.00) for a two (2) year Preventative Maintenance Program, attached here to as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with Advanced Roofing, Inc., dba Advanced Green Technologies to furnish and install solar panels on the City's Government Center, in an amount not to exceed One Million One Hundred Seventy - One Thousand Seven Hundred Thirty -Four Dollars and Thirty -Four Cents ($1,171,734.34), which @BCL@740BC4C4.docx Page 1 of 2 188 includes a contingency in the amount of One Hundred Six Thousand One Hundred Nine Dollars and Thirty -Two Cents ($106,109.32), and Four Thousand Five Hundred Thirty -Two Dollars and No Cents ($4,532.00) for a two (2) year Preventative Maintenance Program, attached here to as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 22nd day of October,/1024. k Larisa Svechin, Mayor r ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: %F r'. q R Mau'�MaLiri io Be an r, CMC, City Clerk in E. Boileau, for Nabors, Giblin �, & Nickerson, P.A., City Attorney Moved by: v (efT&LC Seconded by: Vote: Z(Yes) Mayor Svechin (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph (Yes) ✓(No) Commissioner Stuyvesant (Yes) _�;;'(No) Commissioner Viscarra v1 (Yes) (No) @BCL@740BC4C4.docx Page 2 of 2 189 SJNNY'S`EB j AGREEMENT BETWEEN THE CITY OF SUNNY ISLES O " '`. BEACH AND ADVANCED ROOFING, INC., d/b/a QP � F J➢J. ClOf SON nC Y� ADVANCED GREEN TECHNOLOGIES CONTRACT NO. 2024-7612-2 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 2-Aay of October 2024, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and ADVANCED ROOFING, INC, d/b/a ADVANCED GREEN TECHNOLOGIES, a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 59-2360591. RECITALS WHEREAS, the City is in need of Contractor to install solar panels over portions of the ground floor parking and on levels 3 and 4 of the parking garage at the Government Center ("Services"); and WHEREAS, on February 10, 2023, the Cooperative Council of Governments ("CCOG") on behalf of Equalis Group, issued Request for Proposals No. COG -2143, entitled "Alternative and Renewable Energy Solutions," and awarded a Master Agreement with Contractor for a period commencing May 1, 2023, and expiring April 30, 2027 (Contract Number COG -2143A); and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the City desires to enter into an intergovernmental cooperative agreement with Contractor, using CCOG's bid and pricing information, to provide the Services as more particularly described in Attachment `B," subject to the terms and conditions contained herein; and WHEREAS, pursuant to the City's procurement code provisions, Section 62-13(I), purchases made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a corporation not for profit whose members are governmental entities, provided that such cooperative purchasing arrangements or consortiums provide for a competitive process to select a vendor are exempt from the City's bidding procedures; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services, as more particularly described in the Contract Documents, as defined herein, for One Million Sixty -One Thousand Ninety -Three Dollars and Two Cents ($1,061,093.02), plus One Hundred Six Thousand One Hundred Nine Dollars and Thirty -Two Cents ($106,109.32) for contingency, if necessary, and Four Thousand Five Hundred Thirty -Two Dollars and No Cents ($4,532.00) for a two (2) year Preventative Maintenance Program resulting in a total not -to -exceed amount of One Million One Hundred Seventy -One Thousand Seven Hundred Thirty -Four Dollars and Thirty -Four Cents ($1,171,734.34); NOW THEREFORE, in consideration of the promises and the mutual covenants set forth herein, the parties agree as follows: ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, the terms and conditions of RFP No. COG -2143, entitled "Alternative and Renewable Energy Solutions," the CCOG Master Agreement with Contractor, which are incorporated herein and made a part hereof as Attachments "A" and `B," respectively, as well as Contractor's proposals to the City which is incorporated herein and made a part hereof as Attachment "C" (hereinafter collectively referred to as "Contract Documents"). In the event of any conflict between or among the contract documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, this Agreement Between the City of Sunny Isles Beach and Advanced Roofing, Inc., d/b/a Advanced Green Technologies — Contract No. 2024-7612-2. B. Second, the terms and conditions of RFP No. COG -2143 and Master Agreement. C. Third, Contractor's Proposal 3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in the Contract Documents, including Contractor's Proposal appended hereto as Attachment "C" (hereinafter referred to as "Services"), including a two (2) year Preventative Maintenance Program. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence upon full execution of the Agreement, and shall terminate one (1) year thereafter. The terms of Sections 13, entitled "Indemnification and Waiver of Liability," Section 20, entitled "Compliance with Law," Section 10, entitled "Warranty of Services & Materials," and Section 11, entitled "Defective Work," shall survive termination of this Agreement. Contractor's two (2) year Preventative Maintenance Program shall also survive termination of this Agreement. ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for Services performed under this Agreement One Million Sixty -One Thousand Ninety -Three Dollars and Two Cents ($1,061,093.02), plus One Hundred Six Thousand One Hundred Nine Dollars and Thirty -Two Cents ($106,109.32) for contingency, if necessary, and Four Thousand Five Hundred Thirty -Two Dollars and No Cents ($4,532.00) for a two (2) year Preventative Maintenance Program resulting in a total not -to -exceed amount of One Million One Hundred Seventy -One Thousand Seven Hundred Thirty -Four Dollars and Thirty -Four Cents ($1,171,734.34). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. B. Payment Schedule. Payment to Contractor of the sum set forth herein shall be allocated based upon the following: Deposit(5%)..........................................................$53,054.65 Retainage(5%).......................................................$53,054.65 The Deposit will be due to Contract within ten (10) days from the execution of this Agreement by all Parties. Thereafter, invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices following each monthly period within 30 (thirty) days of receipt, for completed Services and accepted deliveries, unless the City notifies the Contractor in writing of the dispute, before the payment is due. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. D. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. City shall pay for all applicable permits. Otherwise, Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as indicated below: Commercial General Liability. Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $2,000,000.00 for each Occurrence, $4,000,000 Annual Aggregate. Contractor agrees its coverage shall not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X -C -U Coverage, Contractual Liability or Separation of Insureds. Additional Insured Endorsement. Contractor agrees to endorse the City as an Additional Insured on the Commercial General Liability with the following, or similar endorsement providing equal or broader Additional Insured coverage, the CG 20 26 07 04, or CG 20 26 04 13, Additional Insured — Designated Person or Organization endorsement; or the CG 20 10 07 04, or CG 20 10 04 13, Additional Insured — Owners, Lessees, or Contractors endorsement, including the additional endorsement of GC 20 37 07 04, or GC 20 04 13, Additional Insured — Owners, Lessees, or Contractors Completed Operations. The name of the organization endorsed as Additional Insured for all endorsements shall read "City of Sunny Isles Beach". Business Automobile Liability. Contractor agrees to maintain Business Automobile Liability, including the MCS -90 Motor Carrier Act Endorsement and/or CA 99 48 Pollution Liability - Broadened Coverage For Covered Autos - Business Auto, Motor Carrier and Truckers Coverage Forms Endorsement, at a minimum limit not less than $2,000,000 per occurrence providing coverage for damages against such third -party liability, remediation and defense costs. In the event the policy includes a self-insured retention or deductible in excess of $25,000, the City reserves the right, but not the obligation, to review the Contractor's most recent annual report or audited financial statements. The Contractor agrees the policy shall be endorsed to include City as Additional Insured under CA 2048 Designated Insured ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES q City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Worker's Compensation Insurance. Worker's Compensation Insurance in accordance with Florida Statute, including limits not less than: (1) $100,000 each accident for bodily injury; (2) $500,000 each employee for bodily injury caused by disease; and (3) $100,000 bodily injury caused by disease. Waiver of Subro ation. Contractor agrees by entering into this Contract to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Contractor to enter into a pre -loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Contractor enter into such an agreement on a pre -loss basis Umbrella or Excess Liability. Contractor agrees to maintain either a Commercial Umbrella or Excess Liability at a limit of liability not less than $10,000,000 Each Occurrence $10,000,000 Aggregate. The Contractor agrees to endorse the City as an "Additional Insured" on the Commercial Umbrella/Excess Liability, unless the Certificate of Insurance states the Commercial Umbrella/Excess Liability provides coverage on a pure/true follow - form basis, or the City is automatically defined as an Additional Protected Person. Umbrella or Excess Policy must be follow -form coverage over the Commercial General Liability, Automobile Liability, and Employers' Liability policies Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub - Contractors or sub -Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. PUBLIC CONSTRUCTION BOND. The Contractor shall furnish a Public Construction Bond to the City, as an Obligee, in an amount not less than one hundred percent (100%) of the Contract Price. The bond furnished by the Contractor shall incorporate by reference the terms of the Contract as fully as though they were set forth verbatim in such bonds. In the event the Price is adjusted by Change Order executed by the Contractor, the penal sum of the bond shall be deemed increased by like amount. The bond furnished by the Contractor shall be in form required by the ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES c City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax City and in conformity with Section 255.05, Florida Statutes, shall be recorded in the Public Records of Miami -Dade County before construction commences, and shall be executed by a surety, or sureties, reasonably suitable to the City. The Public Construction Bond shall continue in effect through the contract term. The bonds shall be with a surety company authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The Bond shall guarantee all work and materials furnished under the Agreement including losses resulting from defects in the materials or improper performance of Services under the Agreement that may appear or be discovered during performance of the Services or during any applicable warranty period after completion of all Services. 9. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. 2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph 8A(1) and A(2) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 10. WARRANTY OF SERVICES AND MATERIALS. A. The Contractor shall warrant the labor performed and materials used for a minimum period of one (1) year from the date the Services are complete. This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. B. Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. C. Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. D. If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation beyond a period of five (5) years with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. 11. DEFECTIVE WORK. A. The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non -defective work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. B. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax within the time indicated in writing by the City Manager or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. C. If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation beyond a period of five (5) years with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. D. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. E. Where the City or its designee becomes aware of faults, defects or non -conformity in any of the work provided under this Agreement or with the work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non- conforming work. 12. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which this Agreement shall terminate for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 13. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 14. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, Contractor AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by electronic mail (e-mail) with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax If to the City: Stan Morris With a copy to: City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smorris sibfl.net aboileau n nlaw.com If to the Clint Sockman, Executive V. President Contractor: 1950 NW 22nd Street Fort Lauderdale, Florida 33311 Tel: (954) 522-6868 clints a com 16. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. B. Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE Contractor HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 17. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 18. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 19. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by Section 2-11.1, Miami -Dade County Code of Ordinances, as amended, and by Section 33-3, Code of Ordinances of the City of Sunny Isles Beach, as amended, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 21. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Exhibit "A", `B", and "C". 22. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "D." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 23. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized, alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Exhibit "E." 24. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as Attachment "F," signed by an officer or an authorized representative of the Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 25. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. , C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements, and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ADVANCED ROOFING, INC., d/b/a ADVANCED GREEN TECHNOLOGIES By: Clint S kman, Executive Vice President STATE OF FLORIDA: COUNTY OF BROWARD: The foregoing instrument was acknowledged before me by means of 9/physical presence or ❑ online notarization, this D,' day of October, 2024, by Clint Sockman as Executive Vice President of Advanced Roofmg, Inc., d/b/a Advanced Green Technologies. (SEAL) N,tar. ' Public, State of Florida (S gn ture of Notary Public) --------—--- 4►RY v TOMARA MARTIN /k%4CCt'fil. '.`= Notary Public - State of Florida F Commission if HH 414788 (Print, Type, or Stamp oR w••• My Comm. Expires Oct 19, 2oz7 Commissioned Name of Notary Bonded through National Notary Assn, Public) Personally Known ✓ or Produced Identification _ Type of Identification Produced: [ADDITIONAL SIGNATURE PAGE TO FOLLOW] ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES 14 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax A Department Head CITY OF SU^ -Y ISLES BEACH On isff Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY v BY: ain E. Boileau, for Nabors, Giblin - & Nickerson, P.A., City Attorney ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES 15 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment B ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES 16 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment C ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES 17 Greetings, I am Rob Kornahrens, Founder and CEO of Advanced Green Technologies. We are honored that you chose our company to provide renewable energy solutions for your upcoming project. With nearly four decades of experience,the Advanced Family of Companies is dedicated to deliv- ering proven, award-winning roofing and solar energy solutions for clients throughout Florida, Our team's expertise is the foundation of our success, and we consistently strive to exceed our client's expectations. Robert P. Kornahrens Our unwavering commitment to quality, safety, and timely project delivery sets Advanced Green Founder & CEO Technologies apart from the competition. As our valued client, you can expect personalized, pro- fessional service tailored to your exceed your needs. From initial project planning and construction to ongoing operations, monitoring, and maintenance, we are here to guide you every step of the way. By selecting Advanced Green Technologies, you are partnering with an industry leader in the engi- neering, procurement, and construction of rooftop, carport, and ground -mounted solar energy and energy storage systems. Our unparalleled reliability and experience ensure consistent results and top-quality solar and storage solutions. At Advanced Green Technologies, we treat the safety and security of our client's properties as if they were our own. Our solar installations have been tested and proven for nearly 16 years, pro- viding the technology, expertise, and commitment to keep you powered in rain, shine, hurricanes, and any other challenges that may arise. We appreciate your time in reviewing our proposal. Our proposal encompasses all the necessary information about our company and a detailed ap- proach to addressing your solar and storage needs. Should you require any assistance now or in the future to ensure we surpass your expectations, please do not hesitate to contact me directly. Thank you for your time, and we look forward to joining your team soon. Sincerely, Robert Kornahrens Founder & CEO AVAILABLE STATEWIDE Fort Lauderdale • Miami • Jupiter / Palm Beaches • Fort Myers / Naples Tampa / St. Pete • St. Augustine /Jacksonville • Sanford / Orlando 792 Why choose Advanced Green Technologies? Because experi- ence matters. We have installed more than 450 megawatts of solar and are recognized by Solar Power World as a top solar contractor in North America. COMPANY ACHIEVMENTS Financial Strength: We have 14 Million Dollars in General Liability Insur- ance and Bonding Capabilities of 150 Million Dollars to ensure the total protection of your renewable energy project. Advanced Green Technologies holds NABCEP and LEED accreditation. Safety: This is an essential value in our business and our top priority.We have a full-time safety team to ensure every project is completed with the highest safety standards and without injuries. Sustainability: We have a long-standing commitment to sustainability and proven industry success, completing over 300 solar panel installations total- ing over 450 MW Quality: Our commitment to quality ensures you the best customer experience possible by providing precise solutions for your property and award-winning craftsmanship and premium materials. Community: Through our passion and commitment to the communities we work in, we strive to positively impact those communities, making them better and safer places to live and work. AVAILABLE STATEWIDE Fort Lauderdale - Miami • Jupiter / Palm Beaches • Fort Myers / Naples Tampa / St. Pete • St. Augustine / Jacksonville • Sanford / Orlando ► #1 Commercial Solar EPC in Florida (153/500 in the Nation) Solar Power Magazine ► 450+ MW Installed ► Safety EMR 0.69 Provider of Solar Roofs and Carports $10 Million Liability Insurance $150 Million Bonding Capacity 9/10 Customer Satisfaction Rating 4.75/5 Google Rating 792 Assessing the capabilities of solar contractors can be a challenging task. However, we are committed to simplifying this process for you. We have compiled a cheat sheet below that you can use to compare and evaluate contractors as you receive their proposals.We aim to provide you with the necessary guidance to make an informed decision that best suits your needs. Available for National and Regional Customers Throughout the Eastern U.S. ✓ Award -Winning Solar. Contractor and Nationally Recognized for Craftsmanship and Sustainability by Solar Power World Magazine Extensive Experience Designing for High -Wind and Hurricane Zone Areas Bonding Capabilities: $150 million.Aggregate ✓ General Liability(GL) Insurance: $10 Million ✓ Provider of Rooftop, Carport, and Ground -Mount Solar Energy Systems, and Electric Vehicle Charging Stations, Over 450+ Megawatts of Solar Energy Installed 41 Years Under the Same Ownership with No Bankruptcies 16Years of Experience Installing Commercial Solar Energy Systems Preventative Maintenance Programs Available ✓ NABCEP Certified Installer and Commissioning Agents Certifications ✓ Contractors Labor and Material Warranty Manufacturers Labor and Material Warranty ✓ Liability Insurance Coverage for Design Services ✓ 700+ Employees, 140 OSHA Certified in the 10 and 30 Hour Course ✓ Full -Time Safety Division with Low EMR = 0.69 Registered Professional Engineer on Staff ✓ General Contractor License Electrical Division ✓ AVAILABLE STATEWIDE Fort Lauderdale • Miami • Jupiter / Palm Beaches • Fort Myers / Naples Tampa / St. Pete • St. Augustine / Jacksonville • Sanford / Orlando' LIC# CVC56792 2007 AGT Founded in Ft. Lauderdale, FL 2008 Exclusive distributor of thin-film solar panels 2008 AGT Europe Division Opens 2009 Supplies the world's largest solar roof at GM Plant in Spain 2010 AGT Solar opens in Toronto, Canadaa' —� 2010 JA World Pompano Beach gpnFt ' 201 1 Installs largest solar roof in USA at solar roof donation - 175 kW 5.3 MW forToys "R" Us in Flanders, NJ f 20 12 Ranked # I Commercial Solar Contractor 2011 Installs largest community -owned solar°" roof in Toronto, Ontario at Daimler Bus in FL by Solar PowerWorld; 16th in the nation Manufacturing - 438 kW installing I OOMW+ of renewable energy. TOP$OIAR 2013 JointVenture Partnership in Canada with Moss CRNTRACi0R8 2013 AGT-Moss Solar Install First Large Construction to form AGT-Moss Solar Ground -Mount Solar Farm in Sudbury, Ontario at 10 MW e2013 ExecutiveVFClint Sockman, earns NABCEP Certification, 2014 Installs First Large-scale Solar Carport at e 2014 1 st Place Sustainability Award from FRSA for solar roof Konica Minolta in Ramsey, NJ — 839 kW installation at JM Family Headquarters in Deerfield 20 15 Installs FL's largest privately owned solar carport Beach, FL; Honorable Mention Solar Builder Magazine for Lockheed Martin in Oldsmar - 2.25 MW Project of theYear Awards 201 In Installs solar canopy at Daytona 2016 Installs first large-scale ground -mount solar International Speedway - 2.1 MW farm in FL Osceola Solar Farm — 3.8 MW MERNMONa— — sr+Eenwar® 2017 Installs solar carport at HQ ®-- 2016 1 st Place Sustainability Award from FRSA for solar in Fort Lauderdale, FL - 87 kW carport installation at Lockheed Martin o° 2ith ChargePoint 2018 Service Division Opens 017 Partners with charging stations �V'oNCg,y,eM pO° 2020 Two FL Professional Engineers on Staff 2019 Acquisition of MSC Electric Company 2021 Installs largest privately owned solar roof 0 2020 Purchase new 32,000 SF facility inTampa, FL in FL at 2.25 MW for Barrette Outdoor Living 2022 Solar PowerWorld MagazineTop Solar 2021 Installs 2nd largest solar roof in Miami, FL *—IV Contractors # I ranking in FL, #214 in at 1.6 MW for COSTEX Corporation TOP$OIAR the USA;Total MW Installed: 350+ CRNTRACiORS 2022 AGT celebrates 15 -year anniversary � SOME CLIENT WORDS ABOUT ADVANCED GREEN TECHNOLOGIES See more reviews at https.1/www.agLcom/testimonial type/testimonials/ 'Advanced Roofing / Advanced Green 'The entire team from Advanced that Technologies completed an extensive roofing handled our commercial solar array roofing and solar project on our 30,000 square "City Hall solar project—Completed on time project was outstanding. The site crew was foot facility in St. Petersburg. They did an within budget. Communication was great!" courteous, the office team was helpful and outstanding job and their attention to detail - Lou Italico, City of Coconut Creek responsive, and the managers were experi- was easily noticeable." enced and extremely knowledgeable. " - Robert Rouse, Dairy Mix, Inc. - Kathleen Watson, JM Family Enterpriseses t% United Therapeutics e UNIVERSITY �TM Family �'� V.—h — - OF MIAMI Enterprises DAA, kaecwrt LOCKHEED MDDrlN AVAILABLE STATEWIDE Fort Lauderdale • Miami • Jupiter / Palm Beaches • Fort Myers / Naples Tampa / St. Pete • St. Augustine / Jacksonville • Sanford / Orlando LIC #CVC56792 >,.'.... 'iV u+7:�,t ,.:uz2� t.ln § �•.� ,.t�,. ,, 1-.��t�'i� 9(c: ,v a.�"[�a `�i 9"�h :. E a$,�,.k:: rl�a �`. ,♦♦i�y/'��V'"js�';�} t �/ }o cl k\/ /\ J\ O � � V u Ln 4-1 V V) E n �/ }o \j cl k\/ /\ LU C LLA O � � V u Ln 4-1 V V) E n \j UNLOCK THE POWER OF SOLAR ENERGY: FINANCING OPTIONS FOR COMMERCIAL BENEFITS OF FINANCE SOLAR SOLAR PROJECTS IN FLORIDA Are you ready to unlock solar power for your commercial property in Florida? Financing a solar energy system is a great way to impact the environment and your bottom line positively. As a project investor, you want the best investment return for your solar project. One of the best ways to do this is by leveraging the Federal Solar Investment tax credit (ITC). The ITC allows businesses, universities, government agencies, and non- profit organizations to receive a tax credit or direct payment of up to 50% of the total cost of their project. Using the ITC with accelerated depreciation to finance your solar project can significantly reduce the upfront cost and improve your return on investment. Below are some financing options available in Florida. Contact us to learn which option is best for your needs. Cash Purchase Own the solar panels outright and take advantage of the federal solar investment tax credit (ITC) for a reduced cost and improved return on investment. Traditional Financing © Spread the cost of the solar panel system over a more extended period and make smaller monthly payments, with the potential to claim the ITC on your taxes. j� C -PACE s Finance energy efficiency and renewable energy upgrades through a special assessment of your property's tax bill. Power Purchase Agreement (PPA) Have a solar developer install and maintain the solar panel system on your property and purchase the generated electricity at a fixed rate without the upfront capital cost. Operating Lease M Use solar panels or other renewable energy equipment without owning it outright, with flexible terms, low upfront costs, fixed monthly payments, and potential tax benefits. #CVC56792 • Federal Incentives: Up to 50% federal solar investment tax credit (ITC) or direct payment. • Energy Security: Solar can provide reliable, onsite energy to hedge against rising utility rates. • Cost Savings: Solar can reduce a building's energy costs by generating electricity onsite. • Environmental Benefits: Solar generates clean energy and reduces a building's carbon footprint. • Increased Property Value: Solar can increase the value of a building by making it more energy efficient and attractive to potential buyers or tenants. DO YOU QUALIFY? • Credit Score: Most solar financing programs require a good credit score, typically 600 or higher. Your credit score measures your creditworthiness and reflects your ability to pay back your debts on time. • Financial Stability: Lenders and financing programs may also consider your financial stability when evaluating your application. This can include your income, debt -to -income ratio, and cash flow. • Property Ownership: If you are financing a solar panel system for a commercial property that you own, you will need to provide proof of ownership. This may include a copy of the property deed or a lease agreement. • Property Type: Some solar financing programs may only be available for specific properties, such as commercial buildings or single-family homes. • Solar Resource: Your location and the sunlight your property receives may also determine your ability to qualify for solar financing. CONTACT US Contact us for free project analysis and to determine the best financing option for your needs. Call 800-638-6869 or visit www.agt.com To: Rick Labinsky City of Sunny Isles Beach 18070 Collins Avenue, 4th Floor Sunny Isles Beach, Florida33160 305-792-1805 Date: September 06, 2024 Job Name: SUNNY ISLES BEACH - CITY HALL - CARPORT - SOLAR Address: 18070 Collins Ave Sunny Isles Beach, Florida 33160 Reference: Customer Quotation No. 0043786 ENGINEERING AND SITE EVALUATION 1. Provide structural evaluation to determine site limitation for the construction and final system dead load. 2. Provide full Photometric Lighting study for all carport areas. Areas outside the direct installation of the carports are not included. 3. Provide Geotechnical soil borings and engineered foundation design per local, state, and national design standards as required. 4. Provide Ground Penetrating Radar (GPR) scan of construction area. 5. Furnish full architectural landscape and irrigation drawings as required. 6. Provide Federal Aviation Administration aeronautical study to determine glare and or flight hazards from solar installation. 7. Provide structural engineering plans and calculations for all carport structures to meet local, state, and national code standards as required. 8. FM Global requirements for additional design requirements including enhanced ASCE 7-16 inputs, additional ballast and mechanical attachments are not considered in this proposal and if needed will be added per final FM Global input. 9. Secure and pay for local building permits. 10. Secure and pay for all required Utility Impact Studies, Utility Net Metering and Utility Interconnection agreements. Utility upgrades to existing utility owned transformers, substations and any other equipment that may be required from an impact study is excluded from this proposal. SYSTEM SIZING Final Solar System Sizing is based upon client specific sizing guidelines and is projected to offset 12.62% of annual kWh consumption. INTERCONNECTION / NET METERING The Solar system we are proposing will be interconnected behind your existing utility meter and will promote the self -consumption of power produced onsite. To accomplish this, we will be required to install a bi-directional meter and coordinate interconnection contract between the system owner and the utility provider. These costs are included in this proposal. 1. We have performed an electrical site inspection, Our preliminary interconnection plan would include: SOLAR CARPORT 1. Furnish and install auger cast foundations per final geotechnical design and engineered drawings. Foundations to be finished with elevated concrete pier caps. Pier caps to be painted finish. 2. Furnish and install AGT Super Span and Single Cantilever Sawtooth custom steel framed carport. Main column supports to be Single Vertical W -Type Columns (I -Beam). Main beam members to be Straight W -Type. Steel finish package to be hot dipped galvanized. 3. Low side clearance to be 8' minimum at all locations. 4. Column spacing is based on 27' frame centers. Centers may vary based on underground GPR survey and final design. 5. All Z Purlin panel supports to be sized per final designs and hot dipped galvanized finish. 6. Furnish and Install water management system consisting of rain decking installed below the canopy and mechanically attached to purlin structure. SOLAR MODULES Furnish and install 460 Canadian Solar 395 W -DC solar modules. A total of 181,700 W -DC solar capacity to be installed. SOLARINVERTERS Furnish and install 2 CPS America 60,000 W -AC inverters per final designs. A total of 120,000 W -AC inverter capacity to be installed. DC ELECTRICAL SYSTEM 1. Furnish and install #10 PV Wire Home Run cabling per final DC string design. 2. All PV wire to be routed through conduit or cable tray in exposed areas outside of the solar array footprint. AC ELECTRICAL SYSTEM 1. AC Electrical interconnection design is assumed to be made inside the building Main switch gear (existing) at assumed voltage of 480V Three Phase. 2. All conduit, wire, terminations, and balance of systems electrical components to be provided and installed in accordance with NEC Code and AGT best practices. CIVIL 1. Provide a detailed Storm Water Pollution Prevention Plan (SWPPP) and implement all required protections per plans. 2. Replace all parking stops damaged from construction activity. 3. Furnish and install asphalt patches at all new foundations, trenching and excavation locations. 4. Restore striping at affected locations only. GUARANTEE -MODULES 25 year limited guarantee on power output modules from Canadian Solar. GUARANTEE -INVERTERS 10 year guarantee on inverters from CPS America. CONTRACTOR'S WARRANTY 1 year warranty on materials and labor from Advanced Roofing, Inc. dba Advanced Green Technologies. QUOTATION FOR THE SUM OF ONE MILLION SIXTY-ONE THOUSAND NINETY-THREE DOLLARS AND TWO CENTS $1,061,093.02 CLARIFICATION AND EXCLUSIONS 1. The costs of any tree mitigation efforts (punitive fees, replanting requirements, or other) are excluded from our base price as these cannot be fully understood without further zoning investigations 2. Excludes Sales Tax - Solar Energy is Sales Tax Exempt in the State of Florida 3. Excludes Lightning Protection 4. Excludes BAA/TAA compliance 5. Excludes Davis Bacon/Wage Requirements 6. Excludes any type of Fire Protection 7. Includes a Payment & Performance Bond 8. Excludes FM Global Requirements PREVENTIVE MAINTENANCE AGREEMENT ❑ PREVENTIVE MAINTENANCE PROGRAM Inverter Maintenance/Module Inspections Cost - $1,066.00 Communications and Annual Reporting Cost - $1,200.00 We are pleased to submit the following two-year maintenance proposal (once a year visits) for your consideration on the above referenced location as follows: SCOPE OF WORK Inverter Maintenance/Module Inspections: 1. Check Irradiance and Module Temperature. 2. Check Operating Voltage (AC and DC Voltage) and Current. 3. Check Inverter status, Inspect inverter cabinet for damage and proper securement. 4. Check Filters and clean as needed. 5. Check inverter fans for dirt/dust build-up, clean and verify fans are operating properly. 6. Measure torque of all electrical connections, re -torque as needed. 7. Inspect all conduits for proper connections to supports, couplings and fittings. 8. Inspect all visible wire connections to ensure all are properly secured. 9. Inspect signs and labels and add or replace as needed. 10. Inspect all racking and attachment systems for loose or missing parts. Repair or replace as needed. 11. Visually inspect all PV Modules for physical damage and document conditions. 12. Confirm no water leakage to any component parts. 13. Remove and dispose of any debris covering the modules that may cause shading. 14. A complete documented report will be provided to the client digitally. EXCLUSIONS Excludes lift, if needed. This is a maintenance proposal only and does not cover labor or parts associated with potential repairs not covered under warranty. Work is based only on Scope of Work listed above, any other issues or problems will be identified and the responsible party notified. AGT will make necessary repairs as required after advising the Client of recommended repairs, providing a proposal, and executing scope of work once proposal is approved. COSTS Annual Maintenance: Year 1 - 3 $2,266.00 Annual Maintenance: Year 4 - 6 TBD Annual Maintenance: Year 7 - 9 TBD Hourly T&M Rate for Non -O&M Work (2 -Man Team) $200.00 **Travel charges are billed portal to portal at the hourly rate** All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order and will become an extra charge over and above the estimate. All agreements continent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Due to long lead time for material deliveries and extreme volatility in material prices, Contractor cannot guarantee the price of materials necessary for the completion of the Work. If, subsequent to the execution of this Agreement, there are any unavoidable casualties, material shortages, manufacturer or supplier mandated upcharges on materials, or any other events beyond Contractor's control that cause an increase in the price of the materials used in the performance of the Work, which include but is not limited to, steel, aluminum, cooper, steel -related products, or inverters or other electrical components, the Contract Sum shall be equitably adjusted to account for those unforeseen costs. Steel Pricing is indexed to the FRED Index for "Hot Rolled Steel bars, plates and structural shapes" as well as for Cold Rolled sheet and strip. If cost increased more than 5% from the date of the quote and the time of ownership approval for release on these indexes, we reserve the right to increase the price according to the % increase cited in these indexes. https://fred.stlouisfed.org/seriesfWPU101 https://fred.stiouisfed.org/series/WPU101707 Copper and Aluminum Electrical Wire and Cable is indexed to the FRED Index for "Copper Wire and Cable" and "Aluminum Wire and Cable". If cost increased more than 5% from the date of the quote and the time of ownership approval for release on these indexes, we reserve the right to increase the price according to the % increase cited in these indexes. https://fred.stlouisfed.org/series/WPU10260314 https://fred.stlouisfed.org/series/WPU10260331 Owner/Customer acknowledges and agrees that this is a design -build contract and that the estimate of the cost of the Work is predicated on a schematic design. Accordingly, the quoted price for the cost of labor and material may change as the design is finalized. Further, In an effort to mitigate future price escalations, Contractor shall require, and Owner/Customer agrees to pay, a deposit of twenty-five percent (25%) of the Contract Sum within ten (10) days of execution of this Agreement. TERMS OF PAYMENTS A. 5% deposit due within ten (10) days of execution of contract. B. Monthly progress payments per AIA 702 and 703 Schedule of Value, due NET 30 days from the date of the invoice. C. 5% retainage to be paid upon delivery of permit final, warranties, and Final Releases of Lien. This quote is based on preliminary electrical design, if however final electrical design differs in installed wattage due to site or module size availability, the difference will be calculated at a per watt price. AGT Project Proposal E All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order and will become an extra charge over and above the estimate. All agreements continent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Authorized Signature: MIL 8"Ll an Printed Name: Clint Sockman NOTE: This proposal may be withdrawn by us if not accepted within 7 days. Owner is responsible for asbestos testing and related cost to remove. Acceptance of Proposal ❑ By checking this box, I have read and agree to the Terms and Conditions(see attached). The undersigned as (check one)Owner Authorized agent of Owner hereby accepts and agrees to the prices, specifications and conditions indicated above and on the reverse side o isontrac c . Accepted: Signature: Date: *Terms & Conditions on last page(s) apply. State License: CVC56792 Thank you for the opportunity to bid this work. Should you have any questions or require additional information, please do not hesitate to contact Clint Sockman at (954) 232-8772 or via email at clints@agt.com. Contract Terms & Conditions f" =f I The following provisions form part of the contract between the parties hereto. Advanced Roofing, Inc, d/b/a Advanced Green Technologies will be referred to as "Advanced" or "Advanced Roofing": GUARANTEE: Unless otherwise provided in the body of this contract, solar photovoltaic jobs are guaranteed for two (2) years from the date the work is completed. The guarantee covers any defect in workmanship or in materials supplied by Advanced under this contract. The guarantee does not cover failures or defects beyond the control of Advanced, including but not limited to those caused by electrical fire, earth movement, freezes, windstorms, hurricanes, tornados, lightning, plant or animal life, such as termites, damage caused by Owner or other parties, or work done by parties not under the control of Advanced. Structural, mechanical and electrical modifications are not part of Advanced's responsibility unless included in the scope of work otherwise described herein. Advanced's total liability under this guarantee shall not exceed the lessor of (a) the cost to return the solar system to a functioning state or (b) total amount paid to Advanced pursuant to this contract. In no event shall Advanced be liable for consequential damages, lost energy production, or lower than expected energy production, and all such claims are expressly waived. Advanced Roofing is authorized to photograph the property in order to determine the scope of services, marketing, or other purposes associated with the project. CLAIMS: All claims for nonfulfillment of the contract shall be made in writing within 30 days from completion of the work. Advanced reserves the right to correct any condition for which it is responsible including damage to other property. In the event others repair or attempt to repair any problem with the work done by Advanced, unless authorized by Advanced in writing, all guarantees and warranties associated with this project shall be void and of no other further force and effect. Advanced shall not be liable for any cost of work or repairs to its work done by others unless previously authorized by Advanced in writing. PAYMENT: Owner has represented to Advanced that it has the funds available to make payment and has further agreed to supply financial records satisfactory to Advanced, prior to commencement of construction. Owner agrees that, if requested to do so by Advanced, Owner shall complete a credit application authorizing Advanced to investigate the credit worthiness, credit history and/or financial responsibility of Owner. If Advanced, in its sole discretion, is not satisfied with Owner's current or future ability to pay, or Owner fails to complete a credit application, Advanced may terminate this contract without penalty. Unless otherwise provided in the body of this contract, all payments are due NET 30 days from the date of the invoice. Final payment is due on the completion of the job and is a condition precedent to any warranty or guarantee obligation of Advanced. Any release, lien waiver or warranty issued pursuant to this project is delivered in escrow subject to payment and may be cancelled for nonpayment. Advanced's right to payment is not contingent upon the acceptance of work done by others and over which Advanced has no control. Interest shall accrue at eighteen percent per annum on all amounts not paid within 30 days of the date payment was due. All payments made via credit card or debit card are subject to a three percent (3%) processing fee. REBATES: Please be advised that the contract price has been reduced by the amount of any applicable rebates. The contractor shall receive all rebates, in which Owner agrees to execute any documents necessary for the contractor to recover payment for same. UNFORESEEN CONDITIONS: This proposal is limited to the scope of work described and does not include structural issues which may be discovered during the course of the work. In the event that unforeseen conditions arise that were not apparent upon visual inspection, such additional work shall be performed on a time and material basis over the price stated in this contract. Examples of conditions which will be considered an unforeseen condition giving rise to an increase in the cost of the job would be the discovery of defective or deficient concrete, concealed mechanical, electrical, or plumbing components, additional roofs; changes in the structural deck type/gauge or the attachment of the decking throughout the facility; deck replacement; deck securement/fastening; deck minimum gauge or deck conditions requiring repair beyond proposal allowance, existing structure capacity to support the additional load of the proposed solar array, utility transformer capacity, utility interconnection agreement requirements for site infrastructure upgrades, or any other condition that Advanced should not reasonably have anticipated from visual inspection and included in the price provided for in the contract. It is recommended that a structural engineer inspect the roof deck and building structure. OWNER RESPONSIBILITIES: Unless otherwise provided for in the body of this contract, Owner is responsible for any of the following conditions: Asbestos testing and removal expenses, if any; wind uplift and moisture testing if required; engineering and attachment or enhancement of the existing/proposed roof deck system and any structural component of the building; the condition of the existing/proposed deck slope, structural integrity of the deck, method of attachment of the deck, buried conduits, and equipment below the deck or any other structural deficiencies which may contribute to preventing solar installation; Waterproofing of the building envelope, including windows, doors, or other areas outside the scope of work performed by Advanced. Owner may be responsible for moving or otherwise protecting signs, lighting antennas, satellite dishes or other property or equipment which interferes with the reroofing of the property and agrees not to hold Advanced liable for damage to same unless Advanced accepted the responsibility therefore. Customer/Owner acknowledges that during the course of the installation process it is possible for small amounts of debris, including but not limited to, insulation or roofing fabric, to fall inside the structure. Advanced will use its best efforts to minimize such an occurrence. However, the parties stipulate and agree Advanced shall not be liable for any claim, loss, or damage associated with debris falling inside the structure during the roof removal process. To the extent Owner's roof system is covered by a contractor and/or manufacturer warranty, it shall be Owner's obligation to provide that information to Advanced in writing prior to the commencement of Advanced's work. Owner's failure to provide that information to Advanced in writing shall relieve Advanced from all liability relating to such roofing warranties being voided as a result of Advanced's work. PRE-CONSTRUTION INSPECTION/LEAKS: Roofs through no fault of Advanced, can leak into the building during the course of the installations process. Advanced shall use best practices to minimize the risk of leaks but owner agrees not to hold it liable for leaks not directly caused as a result of negligent practices. Additionally, interior damage generally pre-exists commencement of the solar project. Owner agrees to provide access to all interior areas and top floor units in order for the parties to document pre-existing damage. The risk is upon Owner, who agrees to indemnify and hold Advanced harmless, against any claim by Owner or any other party seeking to hold Advanced liable for damages where Advanced was not provided access during its pre -construction inspections to the areas in question. Owner also shall have the responsibility to notify its residents of the steps that must be taken to protect their property, which will be contained in the Start -Up letter provided by Advanced. Owner shall also provide the staging area and cooperate to inform and assist in preventing residents or others from entering that area or any area under construction. EXISTING PROPERTY OR EQUIPMENT: Unless otherwise specified in this contract, Advanced shall not be liable for damage to property or equipment, including signs lighting fixtures, antennas, satellite dishes or other equipment at the property which is reasonably at risk from the work performed by Advanced. Any expenses incurred by Advanced to protect said property shall be paid for by Owner. RISK OF DAMAGE: It can be expected that the work will cause vibration, which could cause damage to the building or its contents. The Owner is in the best position to secure said property or, in the case of others who occupy interior units, to advise them of the need to do so. Advanced does not assume any risk and shall not be held liable for damage to stained, cracked or damaged ceilings or ceiling components, cracked or damaged plaster, molding, insulation, acoustical tile or personal property or fixtures within or about the building(s), cracks in driveways, curbs and sidewalks or soffit repair or replacement. Additionally, Advanced shall not be liable for damage to parked vehicles or property located in or about the staging area assigned for its use, or for any damage or injury for respiratory problems which may result from the odors associated with its work. The Owner shall advise its tenants and employees of these risks and concerns and take such action as it deems reasonable to protect persons, and property of Owner and others from damage or injury. DELAYS: Advanced shall not be liable in any respect for any delays caused by strikes, labor disputes, material shortages, court injunctions, actions by the Owner or by third parties, Acts of God, or other conditions outside of its control. In the event Advanced must demobilize and/or remobilize as a result of any action for which the Owner is responsible, due to weather, or due to other conditions, or other events for which Advanced is not responsible, Owner shall pay Advanced $5,000 or Advanced's actual cost, whichever is greater, for each demobilization and remobilization, in addition to any associated costs, including the cost of crane tear down and setup. If it is necessary to perform additional work in order to protect the property from adverse weather, or to repair work damaged by adverse weather, Advanced will be entitled to a change order for reimbursement for same. MATERIAL PRICE CHANGES: Due to extreme volatility in material prices, if, subsequent to the execution of the contract, there is an increase in the price of materials necessary for the completion of the Work, the Contract Price shall be equitably adjusted to reflect the additional cost. The equitable adjustment is applicable to all material price increases including, but not limited to, steel, steel -related products, aluminum, coper, roofing material and solar material and equipment. Advanced will provide written documentation reflecting the increased charges. A fuel surcharge may be added if the price of fuel increases by more than 5% between the time the contract is signed and commencement. BREACH: In the event Owner terminates or breaches this contract, or if a condition attributable to Owner or Owner's property arises that prevents Advanced from fulfilling the contract, Advanced shall be entitled to be paid that percentage of the contract price as the percentage of work performed; plus, for work not performed, all expenses incurred in preparing to perform same, mobilization expenses and profit which would have been realized had the work been completed. If the contract is canceled as a result of strike, labor dispute or conditions not the fault of or attributable to either party hereto, Advanced shall be entitled to recover from Owner that percentage of the contract price as the percentage of work performed; plus for work not performed, all expenses incurred in preparing to perform same, mobilization expenses or other expenses incurred related to the project but not profit for work not performed DISPUTES: The prevailing party in any litigation, arbitration or mediation arising out of or relating to this contract shall be entitled to recover its reasonable attorneys' fees and costs from the non -prevailing party, at both the trial level and on appeal. Broward County, Florida, shall be the sale and exclusive venue for any litigation arising from or relating to this contract. Owner hereby expressly consents to the exclusive personal jurisdiction of the state and federal courts located in Broward County, Florida for any lawsuit filed arising from or related to this contract and waives any argument that any such court lacks jurisdiction or that venue in such forum is not convenient. In the event Owner commences any action arising under this contract in another jurisdiction or venue, Advanced shall, at its sole option, be entitled to have the case transferred to one of the jurisdictions and venues above stated, or if such transfer cannot be accomplished under applicable law, Owner consents to have such case dismissed without prejudice. THE PARTIES TO THIS CONTRACT EXPRESSLY WANE THEIR RIGHT TO A TRIAL BY JURY IN AND FOR ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO THIS CONTRACT. NO ORAL PROMISES: There are no promises, representations or understandings outside of this instrument which instrument represents the complete agreement between the parties. No modification of this contract shall be valid unless in writing, signed by the party against whom the change is asserted. Any notification required by this contract shall be made in writing. LIMITATION OF LIABILITY: Advanced Roofing is not liable for any claim for injury or damages, whether based upon a contractual, statutory or tort theory, which result from: (a) natural disasters including but not limited to lightning, earth movement, windstorm, hail, hurricane, tornado, wind gale force or greater; (b) misuse, neglect, or unauthorized alterations of the roofing/solar system or as a result of or connected with materials supplied or installed by others; (c) exposure to damaging substances such as oil, solvents etc.; (d) failure of the substrate, surface or materials upon which the solar system is affixed; (e) improper drainage; (f) lack of recommended maintenance; (g) any claim related in any way to damage or injuries from mold, spores, fungus, any organic pathogen or exposure to toxic or noxious substances fumes or vapors or (h) failure of any manufacturer warranted products i.e. modules, inverters, racking, etc. Warranties are only a pass thru of manufacturer coverage and additional shipping, removal, and installation charges may be incurred. Advanced Roofing shall have no obligation under this Contract until all bills for installation, service, and materials have been paid for in full. The Owner will, at its expense, initiate an ongoing maintenance program to include keeping all modules cleaned, inverter air filters cleaned/replaced, terminations inspected and properly torqued, electrical circuits inspected and thermal photographed, structural components inspected, and roof areas cleaned, roofing sealants replaced. If this solar system is covered under a manufacturer's Warranty, Advanced is not liable for the provisions thereof. The warranty and liability of Advanced Roofing shall only accrue to and be for the benefit of the original Owner named herein, and is NOT assignable or transferable without prior written approval and inspection by Advanced Roofing. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADVANCED ROOFING, INC. DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR LIMITS SUCH WARRANTY TO THE DURATION AND TO THE EXTENT OF THE EXPRESS WARRANTY REPRESENTED BY THIS WARRANTY. Advanced's exclusive responsibility and liability under this contract and its warranty is to return the solar system to a functioning state. Owner acknowledges that failures in the solar system can be caused by sources unrelated to the labor, material, and services provided under this contract, and in no event shall Advanced be liable or responsible for damage or disruptions to the solar system caused by those other sources. Advanced shall not be liable for its own negligence, or under theories of statutory or strict liability or any other theory of liability other than the exclusive liability set forth in this warranty which Owner agrees is its sole remedy notwithstanding the type or category of damages claimed. Owner expressly waives all claims for consequential damages, including without limitation, loss of use, lost profits, lost rents, or any other inconvenience or expense incurred by Owner. Any change to the provisions of this section must be in writing and signed by a corporate officer of Advanced. ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES Carport V2 Sunny isle Beach City Hall, 18070 Collins Ave 1.1d Monthly Production 3ok 20k "'V 10k &I 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec I 1 0 Sources of System Loss Jr Inverters: Clipping: 3.3% Wiring: 0.6% Mismatch: 3, Shading: 0.0% Reflection: 3.4% --� Soiling: 2.0% Irradiance: 0.5% gG AN 1 - \ Temperature: 5.5% FReport lad System Metrics Project Name Sunny Isle Beach City Hall Design i Carport V2 Project Address 18070 Collins Ave Module DC 1 1817 kW Nameplate I Tom Griffith Prepared By tomg@agt.com Inverter AC 120.0 kW Nameplate Load Ratio: 1.51 Annual 274.5 MWh Production Performance 809% Ratio kWh/kWp 1,510.7 TMY, 1 0krn grid (25.95,-80.15), NREL Weather Dataset (prospector) Simulatcirl.mi.ri 655859a8ca-54317b97af-3a69f76eed- 4bcea9d795-------- - - - ----- 1.1d Monthly Production 3ok 20k "'V 10k &I 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec I 1 0 Sources of System Loss Jr Inverters: Clipping: 3.3% Wiring: 0.6% Mismatch: 3, Shading: 0.0% Reflection: 3.4% --� Soiling: 2.0% Irradiance: 0.5% gG AN 1 - \ Temperature: 5.5% y Annual Production I ( • Condition Set Description Condition Set 1 Output %Delta Count Annual Global Horizontal Irradiance ' 1,813.6; 2(120.0 Tilt Azimuth Intrarow POAlrradiance i 1,866.8 2.9% Irradiance Shaded Irradiance 1,866.3 0.0% (kWh/M2) Irradiance after Reflection 1,803.3 -3.4% ACHome Irradiance after Soiling 1,767.3 -2.0% Parameters Total Collector Irradiance 1,767.3 0.0% 20 Nameplate:, 321,150.3 : (6,931.8 j Output at Irradiance Levels 319,670.9 -0.5% Canadian Solar, CS6R-395MS-HL Output at Cell Temperature Derate 302,065.8 -5.5% Energy Output After Mismatch 291,198.8 -3.6% (kWh) Optimal DC Output 289 527.0 -0.6% Cell Temperature Constrained DC Output 279,978.1 , -3.3% 1 Inverter Output 275,635.51 -1.6% f AC System Derate Energy to Grid 274 502.41 -0.4%, Temperature Metrics Uploaded Characterization Avg. Operating Ambient Temp 25.9 °C Avg. Operating Cell Temp - 34.8 °C Simulation Metrics Characterizations CS6R-395MS-HL(1000V) Operating4666 Hours (Canadian Solar) -- - ---- ---- - --- Solved Hours ( -- 46661 e Components Condition Set 1 Component Name Count Inverters CPS SCA60KTL-DO/480 (Chint) 2(120.0 Tilt Azimuth Intrarow Transposition Model kW) AC Panels 2 input AC Panel 1 ACHome 10AWG(Copper) 2(142.9 Runs ft) ACHome 1/OAWG(Copper) 1(31.2 ft) Runs Parameters Flush Mount -2.81 -0.0455 0°C (Vertical) 20 Strings 10 AWG (Co pper) (6,931.8 -0.075 YC _._ ft) Module Canadian Solar, CS6R-395MS-HL 460(181.7 (1000V) (395W) kW) Description Condition Set 1 Weather Dataset TMY, 10km grid (25.95,-80.15), NREL (prospector) Solar Angle Location Meteo Lat/Lng Tilt Azimuth Intrarow Transposition Model I Perez Model Temperature Model Sandia Model Size Rack Type a b ( Temperature Delta Fixed Tilt -3.56 -0.075 3°C Temperature Model Carport So 177.15608° 0.0 ft Parameters Flush Mount -2.81 -0.0455 0°C (Vertical) 1, East-West -3.56 -0.075 31C kW Carport .. 3.56 -0.075 YC _._ 1 I F I M( A( M) _I ) Soiling (%) 2 2 !2 2 �2 2� 2 2 2 2 2 �2 Irradiation Variance 5% Cell Temperature 4°C Spread Module Binning Range 1-2.5% to 2.5% AC System Derate 10.50% Module Uploaded Characterization Module - - Characterizations CS6R-395MS-HL(1000V) I Spec Sheet HelioScope Characterization, (Canadian Solar) j PAN Component 1 Device I Uploaded By I Characterization Characterizations . CPS SCA60KTL-DO/480 (Chint) HelioScope Spec Sheet cL Wiring Zones Description Combiner Poles String Size Stringing Strategy Wiring Zone 20-25 Along Racking e Field Segments Description Racking Orientation Tilt Azimuth Intrarow Frame Frames Modules Power Spacing Size Field Segment 1 (copy Portrait 34.8 Carport So 177.15608° 0.0 ft 1x9 88 88 1) (Vertical) kW Field Segment 4 Carport Portrait So 177.05154° 1.0 ft 1x1 372 372 k46.9 (Vertical) Annual Production Report produced by Tom Griffith a� p a� tri MINE 'seas J MINIBOOM NONUNION 011111111111111111 J 12, ElY I -- �••` Benefits of �' • • - - Generate Revenue from Parking Lot : • • - - • - Reduce Energy Costs • • • - • - • • - - Increase Property Value - Protect Vehicles from the Sun and Rain - Reduce Carbon Footprint Use as HR Recruiting Tool -Tax Incentives Available . • e . - . - .. Features of 00 - CanopyLighting g g - Electric Car Charging Station ® - • - Integrate into Existing Parking Garage - Multiple Finish Options - - - Satisfy Wind Speeds up to 180 MPH 111 . „ - • - • - .. - - Security Camera Integration - Water Control Rain Deck - Variations Available for All Designs About Advanced Green Technologies le Make Advanced Green Technologies (AGT) is a solar t1ar • orts energy contractor specializing in design, procure- ment, and construction (EPC) for commercial scale renewable energy projects throughout North America and the Caribbean. Established in 2007, AGT is an experienced solar contractor completing more than 350+ Megawatts of renewable energy solutions across many market segments including education, defense, govern- ment, manufacturing, retail, and local utilities. From initial project planning and construction to ongoing operations and maintenance, AGT delivers a comprehensive turnkey solar energy solution that you will be happy with from start to finish. Single Source Provider MW At AGT, we take a single -point responsibility for the entire solar carport project starting with design and fabrication to installation and service. This approach allows us to streamline a project and provide our clients with a first in class renewable energy solu- tions at the lowest cost per kWh. Get in Touch: (888) 735-2641 www.AGT.com #PV-101913-002781#CVC56792I#CGC1507377 H i Ku6 (All -Black) ALL BLACK MONO PERC 380 W - 405 W CS6R-380 1 385 1 390 1 395 1 400 405MS-HL MORE POWER 405OWModule power up to 405 W 405 W Module efficiency up to 20.7 % Lower LCOE & system cost ,r' Comprehensive LID / LeTID mitigation 01-1 technology, up to 50% lower degradation ' Better shading tolerance MORE RELIABLE Minimizes micro -crack impacts Heavy snow load up to 8100 Pa, wind load up to 5000 Pa* 25 1Industry Leading Product Warranty on Materials Years s` and Workmanship* 25 Linear Power Performance Warranty* Years ._ 1st year power degradation no more than 2% Subsequent annual power degradation no more than 0.55% *Subject to the terms and conditions contained in the applicable Canadian Solar Limited Warranty Statement. Also this 25 -year limited product warranty is available only for prod- ucts installed and operating on residential rooftops in certain regions. MANAGEMENT SYSTEM CERTIFICATES* ISO 9001:2015 / Quality management system ISO 14001:2015 / Standards for environmental management system ISO 45001: 2018 / International standards for occupational health & safety PRODUCT CERTIFICATES* IEC 61215 / IEC 61730 / CE CEC listed (US California) / FSEC (US Florida) UL 61730 / IEC 61701 / IEC 62716 Take -e -way o�E �s��sCFA * The specific certificates applicable to different module types and markets will vary, and therefore not all of the certifications listed herein will simultaneously apply to the products you order or use. Please contact your local Canadian Solar sales representative to confirm the specific certificates available for your Product and applicable in the regions in which the products will be used. ............................................................................................................................... CSI SOLAR (USA) CO., LTD. is committed to providing high quality solar photovoltaic modules, solar energy and battery storage solutions to customers. The companywas recognized as the No.1 module supplier for quality and performance/price ratio in the IHS Module Customer Insight Survey. Over the past 20 years, it has successfully delivered over 70 GW * For detailed information, please refer to the Installation Manual. of premium -quality solar modules across the world. .................................................................................................................................................................................................................................................................. CSI SOLAR (USA) CO., LTD. 1350 Treat Blvd. Suite 500, Walnut Creek, CA 94598, USA I www.csisolar.com/na I service.ca@csisolar.com ENGINEERING DRAWING (mm) Rear View ELECTRICAL DATA I STC* CS6 R -380/385/390/395/400/405M S -H L Frame Cross Section A -A A -A �4D"' Mounting Hole Nominal Max. Power (Pmax) 380 W 385 W 390 W 395 W 400 W 405 W Opt. Operating Voltage (Vmp)30.0 V 30.2V 30.4 V 30.6V 30.8 V 31.0 V Opt. Operating Current (Imp) 12.69 A 12.77 A 12.84 A 12.91 A 12.99 A 13.07 A Open Circuit Voltage (Voc) 36.0 V 36.2V 36.4 V 36.6V 36.8V 37.0 V Short Circuit Current (Isc) 13.55 A 13.63 A 13.70 A 13.77 A 13.85 A 13.93 A Module Efficiency 19.5% 19.7% 20.0% 20.2% 20.5% 20.7% Operating Temperature-40*C-+85°C Max. System Voltage 1000V (IEC/UL) Module Fire Performance TYPE 2 (UL 61730 1000V) or CLASS C (IEC 61730) CS6R-400MS-HL / I-V CURVES 14 13 12 11 10 9 8 7 6 5 4 3 2 1 0 5 10 15 20 25 30 35 40 45 50 55 60 5 10 15 20 25 30 35 40 45 50 55 60 1000 W/m' YC ■ 800 W/M� 25°C �$ 600 W/W 45-C M 400 W/W 65-C Ell 200 WW 22.4 kg (49.4 lbs) MECHANICAL DATA Specification Data Cell Type Mono -crystalline Cell Arrangement 108 [2 X (9 X 6) ] Dimensions 1722 X 1134 X 35 mm (67.8 X 44.6 X 1.38 in) Weight 22.4 kg (49.4 lbs) Front Cover 3.2 mm tempered glass with anti -ref- lective coating Frame Anodized aluminium alloy, J -Box IP68, 3 bypass diodes Cable 4 mm2 (IEC), 12 AWG (UL) Max. Series Fuse Rating 25 A Connector Application Classification Class A Cable Len th Power Tolerance 0-+10W g (Including Connector) T6, MC4, MC4-EV02 or MC4-EV02A 1550 mm (61.0 in) (+) / 1100 mm (43.3 in) (-)* * Under Standard Test Conditions (STC) of irradiance of 1000 W/m�, spectrum AM 1.5 and cell tempe- Per Pallet 30 pieces rature of 25°C. Per Container (40' HQ) 780 pieces * For detailed information, please contact your local Canadian Solar sales and technical representatives. ELECTRICAL DATA I NMOT* CS6 R -380/385/390/395/400/405M S -H L TEMPERATURE CHARACTERISTICS Nominal Max. Power (Pmax) 284 W 288 W 291 W 295 W 299 W 303 W Specification Data Opt. Operating Voltage (Vmp)28.1 V 28.3V 28.4 V 28.6V 28.8V 29.0 V Temperature Coefficient (Pmax) -0.34 % / °C Opt. Operating Current (Imp) 10.12 A 10.19 A 10.26 A 10.33 A 10.39 A 10.45 A Temperature Coefficient (Voc) -0.26 % /'C Open Circuit Voltage (Voc) 33.9 V 34.1 V 34.2 V 34.4 V 34.6 V 34.7 V Temperature Coefficient (Isc) 0.05 % / °C Short Circuit Current (Isc) 10.91 A 10.98 A 11.05 A 11.11 A 11.17 A 11.23 A Nominal Module Operating Temperature 42 t 3°C * Under Nominal Module Operating Temperature (NMOT), irradiance of 800 W/m',spectrum AM 1.5, ambient temperature 20oC, wind speed 1 m/s. PARTNER SECTION .................................................................................................................... * The specifications and key features contained in this datasheet may deviate slightly from our actual products due to the on-going innovation and product enhancement. CSI Solar Co., Ltd. reserves the right to make necessary adjustment to the information described herein at any time without further notice. Please be kindly advised that PV modules should be handled and installed by qualified people who have professional skills and please carefully read the safety and installation instructions before using our PV modules. CSI SOLAR (USA) CO., LTD. Aug 2022 1 All rights reserved I PV Module Product Datasheet v1.1 C25_F23J1_NA 50/60kW,1000Vdc String Inverters for North America The 50 & 60kW medium power CPS three phase string inverters are designed for ground mount, large rooftop and carport applications. The units are high performance, advanced and reliable inverters designed specifically for the North American environment and grid. High efficiency at 98.8% peak and 98.5% CEC, wide operating voltages, broad temperature ranges and a NEMA Type 4X enclosure enable this inverter platform to operate at high performance across many applications. The CPS 50/60kW products ship with either the standard wire -box or the H4 style wire -box, each fully integrated and separable with touch safe fusing, monitoring, and AC and DC disconnect switches. The CPS Flex Gateway enables monitoring, controls and remote product upgrades. Key Features s NEC 2014 compliant & UL listed Arc -Fault circuit protection ■ 0-90° Mounting orientation for lay flat roof installs ■ Touch safe DC Fuse holders adds convenience and safety ■ CPS Flex Gateway enables remote FW upgrades ■ Integrated AC & DC disconnect switches ® Optional factory installed H4 connectors ® 3 MPPT's with 5 inputs each for maximum flexibility ■ Copper and Aluminum compatible AC connections ® NEMAType 4X outdoor rated, tough tested enclosure ■ Advanced Smart -Grid features (Rule 21, HECO compatible) a Separable wire -box design for fast service ■ Standard 10 year warranty with extensions to 20 years w Generous 1.5 DC/AC Inverter Load Ratio 50/60kW Standard Wire -box 0. Inter ek 4004522 [f RSW./1 okwth Cmp CeRCShStdC72No.107.-0 pRiSofthe FCCNula Datasheet CPS SCA50KTL-DO/US-480 CPS SCA60KTL-DO/US-480 50/60kW H4 Wire -box o CHINT POWER 2017/01 -MKT NA Chint Power Systems America 7060 Koll Center Parkway, Suite 318 Pleasanton, CA 94566 Tel: 855-584-7168 Mail:America5ales@chintpower.com Web: www.chintpowersystems.com 10t'D :: T", Model Name CPS SCA50KTL-DO/US-480 CPS SCA60KTL-DO/US-480 DC Input Max. PV Power 75kW (25kW per MPPT) 90kW (30kW per MPPT) Max. DC Input Voltage 1000Vdc Operating DC Input Voltage Range 200-950Vdc Start-up DC Input Voltage / Power 330V / 8OW Number of MPP Trackers 3 MPPT Voltage Range 480-850Vdc 540-85OVdc Max. Operating Current (Imp) 108A (36A per MPPT) 114A (38A per MPPT) Max. PV Input Current (Isc x 1.25) 180A (60A per MPPT) Number of DC Inputs 15 inputs, 5 per MPPT DC Disconnection Type Load rated DC switch AC Output Rated AC Output Power 50kW 60kW Max. AC Output Power 50kVA 60kVA Rated Output Voltage 480Vac Output Voltage Range' 422 - 528Vac Grid Connection Type 30 / PE / N Nominal AC Output Current @480Vac 60.2A 72.2A Rated Output Frequency 60Hz Output Frequency Range' 57 - 63Hz Power Factor >0.99 (±0.8 adjustable) Current THD @ Rated Load <3% AC Disconnection Type Load rated AC switch System and Performance Topology Transformerless Max. Efficiency 98.8% CEC Efficiency 98.5% Stand-by / Night Consumption <30W / <1 W Environment Enclosure Protection Degree NEMA Type 4X Cooling Method Variable speed cooling fans Operating Temperature Range -22°F to +140°F / - 30°C to +60°C (derating from +113°F / +45°C) Non -Operating Temperature Rangel No low temp minimum to +158oF / +70oC maximum Operating Humidity 0 to 95%, non -condensing Operating Altitude 13123.4ft / 4000m (derating from 9842.5ft / 3000m) Audible Noise <60dB @ 1 m and 25°C Display and Communication User Interface and Display LCD+LED Inverter Monitoring Modbus RS485 and TCP / IP Site Level Monitoring CPS Flex Gateway (1 per 32 inverters) Modbus Data Mapping SunSpec / CPS Remote Diagnostics / FW Upgrade Functions Standard Mechanical Dimensions (HxWxD) 39.4 x 23.6 x 10.24in. (1000 x 600 x 260mm) Weight Inverter: 123.5lbs/56kg; Wire -box: 33lbs/15kg Mounting / Installation Angle 0 to 90 degrees from horizontal (vertical, angled, or lay flat) AC Termination M8 Stud Type Terminal Block (Wire range: #4 - 2/OAWG CU/AL) DC Termination Screw Clamp Fuse Holder (Wire range: #14 - #6AWG CU), Optional H4 (Amphenol) Fused String Inputs (5 per MPPT) 15A standard fuse value (20, 25, 30A acceptable) Safety Safety and EMC Standard UL1741-2010, UL1741SA-20164, UL1699B, CSA -C22.2 NO.107.1-01, IEEE1547; FCC PART15 Grid Standard and SRD IEEE 1547-2003, Rule 214 and HECO/Rule144 Smart -Grid Features" Voltage-RideThru, Frequency-RideThru, Soft -Start, Volt-Var, Frequency -Watt, Volt -Watt Warranty Standard 10 years Extended Terms 15 and 20 years 1) The "Output Voltage Range" and "Output Frequency Range' may differ according to the specific grid standard. 2) See user manual for further requirements regarding non-operating conditions. 3) Shade Cover accessory required for installation angles of 30 degrees or less. 4) Certification Pending. Technical Data City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment D ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES 18 O, SutLNY I �F1 � •gyp ' l CONTRACTOR ANTI -BOYCOTT CERTIFICATION ♦'�. �' ILp�L Nps s Oe sYN [PURSUANT TO FLORIDA STATUTE § 287.1351 Advanced Roofing, Inc. d/b/a I, Clint Sockman , on behalf of Advanced Green Technologies Print Name Company Name Advanced Roofing, Inc. d/b/a certifies that Advanced Green Technologies does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; and 5. Has not engaged in business operations in Cuba or Syria. (W�� Signature Executive Vice President Title 10/23/2024 Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment E ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES 19 Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (httos://www.e-verify.gov/emplovers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Advanced Roofing, Inc. d/b/a Advanced Green Technologies Company Name 10/23/2024 Offer6r'Sigrature Date Clint Sockman Executive Vice President Print Name Title 59-2360591 Federal Employer Identification Number (FEIN) Sworn to and subscribed before me on this this 23 day of October , 202.B— By Clint Sockman Q Is personally known to me ❑ Has produced identification (type of identification produced: ) g a re of Notary Public a Tomara Martin Print or Stamp of Notary Public ii •., TOMARA MARTIN 4`@Notary Public - State of Florida - .1 Commission k HH 414788 og�• My Comm. Expires Oct 19, 2027 Bonded through National Notary Assn. 10/19/2027 Expiration Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment F ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES 20 tANY $4fe � J rsf ➢y�� f`o `O ties C/�� OF SUN"O Affidavit of Compliance with Anti -Human Trafficking Laws City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of perjury, as follows: 1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking). 2. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: October 23 , 2024 Signed: M!L Entity, Advanced Roofing, Inc. d/b/a/ Advanced Green Technologies STATE OF Florida COUNTY OF Broward Name: Clint Sockman Title: Executive Vice President The foregoing instrument was acknowledged before me, by means of ® physical presence or ❑ online notarization, this 23 day of October 1 20 24 by Clint Sockman I as Executive Vice President for Advanced Roofing, Inc. d/b/a Advanced Green Technologies , who is personally known to me or who has produced as identification. Notary Public Signature: � Print Name: Tomara Martin State of Florida at Large (Seal) My commission expires: 10/19/2027 �riir 6c,,. TOMARA MARTIN i4 `h Notary Public - State of Florida.' " Commission b HH 414788 My Comm. Expires Oct 19, 2027 Bonded through National Notary Assn. REQUEST FOR PROPOSALS: Alternative and Renewable Energy Solutions RFP #: COG-2143 ISSUED BY: The Cooperative Council of Governments On Behalf of Equalis Group 6001 Cochran Road, Suite 333 Cleveland, Ohio 44139 DATED: February 10, 2023 SECTION ONE: Part A – Overview, Scope, and Project Information Part B – Conditions and Other Requirements Part C – Bid Submission, Format, Evaluation, and Award SECTION ONE SECTION ONE, PART A – OVERVIEW, SCOPE, AND PROJECT INFORMATION............................................. 1 1. Overview .................................................................................................................................................... 1 2. CCOG Background ...................................................................................................................................... 1 3. Role of Equalis Group ................................................................................................................................. 1 4. Purpose ...................................................................................................................................................... 2 5. Scope .......................................................................................................................................................... 2 6. RFP Documents .......................................................................................................................................... 2 7. Anticipated Procurement Timetable ......................................................................................................... 2 8. Q&A Period ................................................................................................................................................ 2 9. Pre-Proposal Meeting ................................................................................................................................ 2 10. Public Opening ........................................................................................................................................... 2 11. Communications Prohibited ...................................................................................................................... 3 SECTION ONE, PART B – CONDITIONS AND OTHER REQUIREMENTS........................................................... 4 1. Bidder Requirements ................................................................................................................................. 4 2. Use of Dealers, Resellers, and Distributors ................................................................................................ 4 3. Costs Incurred ............................................................................................................................................ 4 4. Trade Secret Prohibition, Public Information Disclaimers ......................................................................... 4 5. Master Agreement ..................................................................................................................................... 4 6. Formation of Master Agreement ............................................................................................................... 5 7. Administration Agreement ........................................................................................................................ 5 8. Ethical & Conflict of Interest ...................................................................................................................... 5 9. Waiver of Minor Proposal Errors ............................................................................................................... 5 SECTION ONE, PART C – BID SUBMISSION, FORMAT, EVALUATION, AND AWARD................................... 6 1. Proposal Submission .................................................................................................................................. 6 2. Supplemental Submission Documents ...................................................................................................... 6 3. Proposal Amendment & Withdrawal ......................................................................................................... 6 6 4. Estimated Quantities & Available Funds .................................................................................................... 5. Cost Proposal & Pricing .............................................................................................................................. 6 6. Evaluation Process ................................................................................................................................... 12 7. Clarification & Negotiation ...................................................................................................................... 14 8. Final Scoring and Supplier Recommendation .......................................................................................... 14 Page | 2 9. Final Supplier Recommendation .............................................................................................................. 14 10. Contract Award. ....................................................................................................................................... 14 11. Protests .................................................................................................................................................... 14 Page | 3 Section One, Part A – Overview, Scope, and Project Information 1.Overview This request for proposal (“RFP”) is published by the Cooperative Council of Governments (“CCOG”) for the purpose of awarding a master cooperative purchasing agreement (the “Master Agreement”) and creating a cooperative purchasing program for alternative and renewable energy solutions (the “Program”) that will be available to current and future members of Equalis Group (the “Members”). Companies and organizations which respond to this RFP (“Bidders”) and awarded a Master Agreement are referred to, throughout this RFP and supporting documentation, as a “Winning Supplier” or “Awarded Supplier”. The use of the Master Agreement by any public agency is preceded by registration with Equalis Group and by using the Master Agreement (a “Program Participant”), any such Program Participant agrees that it is registered with Equalis Group, whether pursuant to the terms of a Master Intergovernmental Purchasing Cooperative Agreement, that can be accessed at https://equalisgroup.org/member-registration/, or as otherwise agreed to. Under applicable state statutes, public sector entities nationwide that join Equalis Group can purchase products and services through the resulting Master Agreement without having to conduct their own formal procurement process, thereby saving both themselves and the Winning Supplier significant time and money. 2.CCOG Background CCOG is a Council of Governments and Ohio political subdivision organized under Chapter 167 of the Ohio Revised Code. CCOG is an Equalis Group, LLC (“Equalis Group”) lead public agency and, in that role, conducts formal public sector competitive solicitation processes in compliance with applicable public sector procurement guidelines to select a Winning Supplier(s) to provide products and services to Members. At the conclusion of this RFP process, CCOG will award a Master Agreement to the Winning Supplier(s). 3.Role of Equalis Group Equalis Group works with lead public agencies, such as CCOG, that are legally empowered to conduct formal procurement processes, enter into Master Agreements, and make those Master Agreements available to public sector organizations such as: municipalities, K-12 school districts, counties, higher education institutions, special districts, tribal nations, and state and federal agencies as well as non-profit and for-profit organizations across the country. The Winning Supplier(s) and Equalis Group will also enter into a separate management agreement (the “Administration Agreement”) which defines i) the roles and responsibilities of both parties relating to marketing and selling the Program to current and prospective Members and ii) the financial terms between the parties. The Winning Supplier and Equalis Group will work closely together to develop and implement marketing and sales strategies to drive program adoption with current and future Members across the country. Equalis Group, is committed to actively engage with the Winning Suppliers to grow profitable public sector revenue by: 3.1.Training Supplier Partners’ sales representatives on the pricing, terms, and conditions of the Master Agreement and how to sell their products and services through this already procured contract vehicle. 3.2.Developing sales tools that address common legal, procurement and compliance questions. 3.3.Creating, implementing, and managing marketing and sales campaigns to jointly identify public sector prospects across the country. 3.4.Supporting the sales process by providing subject matter expertise to prospective Members on the legitimacy of the procurement process that established the Master Agreement. Page | 1 4.Purpose The primary purpose of this Program is to offer Members a complete and comprehensive offering of alternative and renewable energy solutions that can be customized to meet the unique needs of each Member. This RFP and contract award process is a solutions-based solicitation; meaning that CCOG is seeking solutions that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. 5.Scope CCOG is seeking proposals for alternative and renewable energy solutions to support the implementation of sustainable energy generation, usage, and storage. Products, services, and solutions within the scope of this RFP will support the adoption of sustainable energy alternatives through consulting, assessment, study, development, implementation, and installation of equipment related to our Members’ sustainability goals and objectives. Examples of different types of alternative or renewable energy may include, but is not limited to: Geothermal Hydropower Bioenergy Solar Ocean or Tidal energy Biomass Wind Combined Heat and Power Bidders may elect to limit their proposals to a single product or service line within any category, or multiple products and services within any and all categories. However, Bidders are encouraged to propose their complete catalog, products and services. This scope should be read as including all products, equipment, software, services, and any other capability that Bidders are able to offer which supports or complements the scope as defined above. 6.RFP Documents This RFP documents consist of the following: 6.1.Section One: a.Part A – Overview, Scope, and Project Information b.Part B – Conditions and Other Requirements c.Part C – Bid Submission, Format, Evaluation, and Award 6.2.Section Two: a.Proposal Submission, Technical Proposal, Cost Proposal and Required Forms 6.3.Section Three: a.General Terms and Conditions of Master Agreement 6.4.Attachments: a.Attachment A – Sample Administration Agreement b.Attachment B – Cost Proposal Template c.Attachment C – State Notice 7.Anticipated Procurement Timetable CCOG reserves the right to revise this schedule after providing reasonable notice in the best interest of CCOG and/or to comply with the State of Ohio procurement procedures and regulations. All times are Eastern time zone. CCOG utilizes Page | 2 Bonfire, an online procurement platform, to publish RFPs, manage communication including the Q&A process, and receive proposals. Activity Dates & Times February 10, 2023 RFP Publication; Q&A Period Opens February 28, 2023, from 2:30 PM to 3:30 PM Eastern* Pre-Proposal Meeting Registration Link March 3, 2023, at 5 PM Eastern Q&A Period Closes March 6, 2023 Q&A Responses Distributed Deadline for Proposal Submission & Public March 10, 2023, at 3 PM Eastern* Opening To Be Determined Finalist Presentations May 1, 2023 (estimated) Contract Award Issued *Any Bidders experiencing technical difficulties accessing the RFP through Bonfire should contact Bonfire customer support by submitting a support ticket to Support@GoBonfire.com, access the Vendor FAQ at www.gobonfire.com/support/, or receive online support via online chat at www.gobonfire.com/support/. 8.Q&A Period Bidders may submit questions regarding this RFP through Bonfire during the Q&A Period as outlined in Anticipated Procurement Timetable. To submit a question, Bidders must submit written questions under the Messages section on Bonfire. Questions about this RFP must reference the section number of this RFP in question. CCOG may, at its sole discretion, disregard any questions which do not appropriately reference an RFP or attachment. CCOG will not respond to any questions received after the date and time that the Q&A Period closes. CCOG’s responses to all questions submitted through Bonfire will be added to Bonfire as an addendum to the RFP on or before the date provided in Anticipated Procurement Timetable. Any interpretation or correction of the RFP will be made only by an addendum posted on Bonfire. CCOG will not be responsible for providing any other explanations or interpretations of the RFP. idders’ proposals are to take into account any information communicated by CCOG in the RFP Q&A Addendum. It is the B responsibility of all Bidders to check for all updates regarding this RFP on Bonfire. 9.Pre-Proposal Meeting At the date and time indicated in the Anticipated Procurement Timetable, a voluntary pre-proposal meeting will be held via Zoom. The intent of this meeting is to provide an overview of CCOG, Equalis Group, the RFP, the document package and to field any questions Bidders may have related to this RFP. Information to participate in the pre-proposal meeting will be posted on Bonfire under Events section. 10.Public Opening The public opening of proposals received in response to this RFP will be held at the date and time proposals are due and will solely consist of opening all proposal received and identifying the Bidders who responded. The public opening will be held via Zoom with the information to participate posted on Bonfire under Events section. All responses must be received Page | 2 by the date and time listed for the Public Opening. Late responses will not be considered, and it is the responsibility of Bidders to ensure they are able to properly submit through the Bonfire platform. 11.Communications Prohibited From the issuance date of this RFP until an the award of contract to the Winning Supplier(s), there may be no communications concerning the RFP between any Bidder that expects to submit a proposal and any employee of CCOG, Equalis Group, any member of the Proposal Review Team (“PRT”), or any other individual, regardless of their employment status, who is in any way involved in the development of the RFP or the selection of a Winning Supplier (“Communications Prohibited”). The only exceptions to the Communications Prohibited are as follows: 11.1.Any communications related specifically to the Question & Answer (Q&A) Period; 11.2.As necessary in any pre-existing or on-going business relationship between CCOG, Equalis Group, and any supplier that could submit a proposal in response to this RFP; 11.3.As part of any Bidder interview process or proposal clarification process initiated by CCOG, which CCOG deems necessary at its sole discretion; and 11.4.Any Public Records Requests made to CCOG. IMPORTANT NOTE: addenda or attachments to the RFP or to any documents related to the RFP will be accessible to Bidders through Bonfire. CCOG may not specifically notify any Bidder of changes or announcements related to this RFP except through posting on Bonfire. It is the affirmative responsibility of interested Bidders to be aware of and to fully respond to all updated information regarding this RFP posted on Bonfire. CCOG is not responsible for the accuracy of any information regarding this RFP that was obtained or gathered through a source other than from CCOG directly or through the Q&A process described in this RFP. Any attempts at Communications Prohibited by a Bidder may result in the disqualification of that Bidder’s proposal. (The rest of this page is intentionally left blank) Page | 3 Section One, Part B – Conditions and Other Requirements 1.Bidder Requirements Bidders are to base their RFP responses, including the details and costs, on the requirements and performance expectations established in this RFP, inclusive of all attachments. 2.Use of Dealers, Resellers, and Distributors If Bidder requires the use of dealers, resellers, or distributors to sell or service the products and services included in their proposal, the proposal should provide a list of or direct the Proposal Review Team to where they can locate a list of the Bidder’s dealers, resellers, or subcontractors who will be authorized to sell through the contract in the event the Bidder received a contract award. 3.Costs Incurred Costs incurred in the preparation of this RFP are to be borne by the bidders. Both CCOG & Equalis Group will not contribute in any way to the costs of the preparation. 4.Trade Secret Prohibition, Public Information Disclaimers CCOG will consider all proposals voluntarily submitted in response to this RFP to be free of trade secrets and such proposals will, in their entirety, be made a part of the public record in compliance with O.R.C. Chapter 125.01, et seq. However, if a proposal is submitted in response to this RFP, and the proposal contains trade secret information as defined in O.R.C. Chapter 1333.61, then such trade secret information must be clearly and conspicuously marked and/or identified as “Trade Secret Information” at the time that such proposal is submitted. If such trade secret information is so marked and/or identified, then, in accordance with O.R.C. Chapter 149.43, CCOG shall designate such information as trade secret information and shall maintain and keep such trade secret information. All proposals and any other documents submitted in response to this RFP will become the property of CCOG. This RFP and proposals submitted in response to the RFP, except for such portions, sections, or parts of a proposal that are clearly and conspicuously marked and/or identified as Trade Secret Information, are deemed to be public records pursuant to O.R.C. Chapter 149.43. For purposes of this section, “proposal” will mean both the i) Technical Proposal, and ii) Cost Proposal (if opened by CCOG), all forms submitted by Bidder, and any attachments, addenda, appendices, or sample products. Any proposal submitted in response to this or any CCOG RFP that fails to clearly and conspicuously mark and/or identify trade secret information at the time that such proposal is submitted to CCOG for consideration shall be deemed and considered by CCOG to not contain trade secret information and such proposals shall be deemed to be public records in their entirety in accordance with this section and O.R.C. Chapter 149.43. 5.Master Agreement CCOG and Equalis Group will enter into a Master Agreement with the Winning Supplier. This Master Agreement defines a) the terms of the relationship between CCOG, Equalis Group, and the Winning Supplier, and b) the terms, conditions, and pricing of products and services and related capabilities offered to Members. The products and services made available in this contract are defined by the contents of the Winning Supplier’s Cost Proposal submission (“Products & Services”). Any contract with a Winning Supplier resulting from the issuance of this RFP is subject to the terms and conditions as provided in this RFP and Master Agreement as amended by the mutual agreement of CCOG, Equalis Group, and the Winning Supplier. Page | 4 Many of the terms and conditions contained in the Master Agreement template are required by state and federal law; however, Bidders may propose changes to the Master Agreement by communicating any exceptions or deviations in the General Terms and Conditions Acceptance Form provided in Section Two of this RFP. Any proposed changes are subject to CCOG and Equalis Group review and approval. Any exceptions or deviations not disclosed in the General Terms and Conditions Acceptance form will not be considered by CCOG after Notice of Intent to Contract has been issued. 6.Formation of Master Agreement COG and Equalis Group based upon the A response to this solicitation is an offer to establish a Master Agreement with C terms, conditions, scope of work, and specifications contained in this request. A contract is formed when an award is made and CCOG’s Board President or designee signs the Master Agreement Signature Form provided in Section Two of this RFP. The Bidder must submit a signed Master Agreement Signature Form with the response, thus eliminating the need for a formal signing process. 7.Administration Agreement Equalis Group and the Winning Supplier will enter into a separate Administration Agreement, which defines i) the roles and responsibilities of both parties relating to marketing and selling the Program to current and prospective Members, and ii) the financial terms between Equalis Group and Winning Supplier. Bidders will review the Administration Agreement template, which is included as Attachment A – Administration Agreement and complete Equalis Group Administration Agreement Declaration Form in Section Two. 8.Ethical & Conflict of Interest 8.1.No Bidder or individual, company, or organization seeking a CCOG contract award will promise or give to any CCOG or Equalis Group employee anything of value that is of such character as to manifest a substantial and improper influence upon the employee with respect to his or her duties; 8.2.No Bidder or individual, company, or organization seeking a contract will solicit any CCOG or Equalis Group employee to violate any of the conduct requirements for employees; 8.3.When acting on behalf of CCOG and Equalis Group, Winning Supplier will refrain from activities which could result in violations of ethics and/or conflicts of interest. Any Winning Supplier who violates the requirements and prohibitions defined herein or in O.R.C. Chapter 102.04 is subject to termination of the Master Agreement or refusal by CCOG and Equalis Group to enter into the Master Agreement; and 8.4.CCOG and Equalis Group employees who violate O.R.C. Chapters 102.03, 102.04, 2921.42, or 2921.43 may be prosecuted for criminal violations. 9.Waiver of Minor Proposal Errors CCOG may, at its sole discretion, waive minor errors or omissions in a Bidder’s proposals when those errors do not unreasonably obscure the meaning of the content, or the competitive nature of the proposal submitted in response to this RFP. (The rest of this page is intentionally left blank) Page | 5 Section One, Part C – Bid Submission, Format, Evaluation, and Award 1.Proposal Submission All Bidders must complete and submit a proposal consisting of all required forms and attachments referenced or provided in Section Two of the RFP. CCOG requires proposals to be submitted electronically via Bonfireo later than the deadline n for proposal submission identified in the Anticipated Procurement Timetable. Proposals must be prepared and submitted in accordance with instructions found in this Section One, Part C. Fax, email, mail or any other form of submissions will not be accepted. All proposals will be valid for a period of ninety (90) days from the date the proposals are received by CCOG. In addition to the requirements outlined above, any proposal submitted by a Bidder excluded from contracting with CCOG by Ohio Revised Code (O.R.C.) § 9.24 as the result of an unresolved finding for recovery will be deemed unresponsive. 2.Supplemental Submission Documents Any other supplemental information thought to be relevant to a Bidder’s proposal but not explicitly requested by CCOG including, but not limited to, product literature, technical specifications, and financial information must be submitted with your proposal under the section titled “Supplemental Information” in the Bonfire proposal submission process. CCOG reserves the right not to review submitted appendices which include information/materials not required in the RFP. 3.Proposal Amendment & Withdrawal A proposal may be amended or withdrawn up to the time the proposals are due through the Bonfire procurement application, as indicated in the Anticipated Procurement Timetable. Any Bidder seeking to withdraw its proposal from consideration after the proposal due date must submit such request in writing directly to CCOG at Procurement@EqualisGroup.org. 4.Estimated Quantities & Available Funds CCOG and Equalis Group anticipate a substantial number of current and future Members will enter into contracts resulting from this solicitation; however, CCOG and Equalis Group makes no guarantee or commitment of any kind concerning quantities or usage of contracts resulting from this solicitation. The total annual volume for this contract category is estimated to be over fifty million dollars ($50,000,000.00) annually by year three (3) of the contract. This information is provided solely as an aid to Bidders preparing proposals only and performance will be determined by other factors such as awarded supplier’s competitiveness and overall performance and support of the contract. The Awarded Supplier(s) discount and pricing schedule shall apply regardless of the volume of business under the contract. Neither CCOG or Equalis Group are asserting any public funds have been allocated to purchase the products and services that will be available through this Program. 5.Cost Proposal & Pricing 5.1.Cost Proposal Requirements A template for Proposal Form 2: Cost Proposal has been included as Attachment B – Cost Proposal and must be used as the base document for when Bidders submit their Cost Proposal. Bidders are permitted to revise any part of the Excel Workbook to accurately reflect column titles, details, discounts, pricing categories of products, services, and solutions being offered to Equalis Group Members. Page | 6 All Bidders must complete and submit Proposal Form 2: Cost Proposal using the pricing methodology that best reflects the way pricing will be determined when providing solutions included within the scope of the Bidder’s Proposal. The Cost Proposal will be used to define the Products & Services Bidders are offering Equalis Group Members through the Winning Supplier’s Master Agreement. Winning Supplier’s contract pricing shall remain firm for 120 days after the award of a contract. 5.2.Additional Pricing Information Below are details which should be taken into consideration when Bidders are developing their Cost Proposal: a.Auditable Pricing. It is the responsibility of the Bidder to provide a complete Cost Proposal that includes pricing based on a verifiable pricing methodology for all Products & Services to be considered part of the final Master Agreement offered to the Members. b.Value to the Members. CCOG requests that Bidders offer Products & Services at lower prices and with better value than what they would ordinarily offer to a single government agency, educational institution, or regional cooperative. c.Not to Exceed Pricing. CCOG requests that pricing be submitted as not to exceed. Bidder may adjust pricing lower if needed but cannot exceed the pricing submitted. d.Indefinite Quantity. This RFP requests pricing for an indefinite quantity of products or related services. e.Total Acquisition Cost. The pricing included in your Cost Proposal must be clearly understood, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Member’s location). f.Prevailing Wage. The awarded vendor and any of its subcontractors agree to comply with all laws regarding prevailing wage rates applicable to constructions of public work, and any related federal requirements, including the Davis-Bacon Act, applicable to this RFP and Equalis Group Members. The Equalis Group Member will notify the Awarded Supplier of the applicable prevailing wage rates and must apply any local wage rates requested. g.Administrative Fee. Pricing provided shall include the administrative fee paid to Equalis Group. h.Relevant Information. All line items included in your Cost Proposal should be described by, but not limited to, characteristics such as manufacture name, stock or part number, size, or functionality. i.Discounts. Discounts shall be clearly defined. Pricing with multiple discounts levels based on quantity, sales volume, or any other factor is allowable and must be based on a fixed or defined price or sales range or configuration of products & services. j.Miscellaneous Material. For labor-based pricing, as described in 5.3. Common Pricing Methodologies, all items not equipment or labor shall be considered miscellaneous material which will have a maximum margin applied to the cost of the miscellaneous material. k.Cost Plus a Percentage or Cost-Plus Pricing. Cost-Plus Pricing is not acceptable as the primary pricing methodology for the solutions provided in your Cost Proposal. Cost Plus Pricing can be defined as adding a markup to the cost of goods or services to arrive at a selling price. Using this pricing methodology is not accepted by Members using Federal Grant Funds to purchase the products or services offered by the Winning Supplier. 5.3.Common Pricing Methodologies Examples of commonly used pricing methodologies include, but are not limited to: a.Line-Item Pricing. Products & Services are individually priced based on a line-item discount. For each line- item entry, Bidders must provide both verifiable price (“List Price”) as well as the price which will be offered to the Members (“Contract Price”) and the associated price discount (if applicable) in their pricing model where the Contract Price is calculated by applying the applicable discount to the List Price. The List Page | 7 Price will be the standard “quantity of one” price currently available to government and educational customers. b.Percentage Discount Off List Price by Catalog or Category. Products, services, and/or solutions associated with a defined catalog or category are given a specific and uniform percentage discount based on a published List Price (“Catalog Discount” or “Category Discount”). Individualized percentage discounts can be applied to any number of defined product groupings. The types of products, parts, and services using the Catalog or Category Discount methodology must be clearly identified and defined. c.R.S. Means or Equivalent Unit Pricing Book. Pricing included in the Cost Proposal are calculated using R.S. Means or equivalent UPB and may be used for Labor and Materials. Pricing must be submitted as a coefficient of the UPB line-item pricing. State, local, or regional modifiers may be utilized. If no specific state, city, or region is specified, then pricing submitted will be assumed as available in all 50 states. Unless specified otherwise by the Bidder, standard labor hour rates will be calculated from 8:00 AM until 5:00 PM and overtime rates will be calculated for all other hours worked. Recognized holidays which are eligible for overtime rates all day include: New Year's Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, General Election Day, Veterans Day, Thanksgiving Day and Friday after, Christmas Eve and Christmas Day, and New Year's Eve. Any deviations to these recognized holidays must be specified as a part of a Bidder’s Cost Proposal. d.Labor Based Pricing. Provide classifications of labor with billable rates for each respondent’s office(s), territories, or district(s) along with any sub-office pricing as required. Each of these labor rates shall be fully burdened and will be set for regular working hours (Bidder shall describe these hours). Sub-contractor labor shall not be recognized. Each Bidder shall determine their sub-contractor’s labor rate as a prime labor classification. For example, an electrician’s labor rate shall be calculated based on the respondent’s sub-contractor’s labor billable rate plus respondent’s normal margins on sub-contractor labor. A per diem and over-time hours shall be set at a certain rate. The classification definitions are provided in the table below. Additionally, the hours for each task in a scope of work shall use a benchmark against an established data set (e.g.; RS Means or others) to ensure that the hours provided can be verified. Each of these hourly tasks shall have a coefficient of labor against an established data set (e.g.; RS Means or others) city cost index by each respondent’s office(s), territories, or district(s) to determine effectiveness of providing these tasks. Additionally, a formula shall be established to adjust labor rates on a yearly basis. If a Bidder does not choose to include a specific labor classification, simply mark the line item as “NA”. Awarded vendors will then be required to apply for approval from CCOG prior to using an item marked “NA”. The following list is provided to define the types of worker classifications for the types of labor that may be provided by a bidder: Worker Classification Classification Definition Architect Professional Licensed designer providing Architectural drawings Asbestos Worker Worker who removes & disposes of asbestos materials. Page | 8 Boilermaker Worker who Assembles boilers, tanks, vats and pressure vessels. The duties of the boilermaker include welding, acetylene burning, riveting, caulking, rigging, fitting up, grounding, reaming and impact machine operating. Carpenter Worker who builds wood structures or structures of any material which has replaced wood. Includes rough & finish carpentry, hardware and trim. Carpet Layer/Floor Worker who installs carpet and/or floor coverings-vinyl tile. Installer Concrete Finisher Worker who floats, trowels and finishes concrete. Data Comm./Telecom Worker who installs data/telephone & television cable & associated Installer equipment and accessories Delivery Personnel Worker who can deliver materials to other HVAC personnel as well as work as a second man on jobs if necessary. Drafting Worker who provides detail engineering drawings utilizing CADD type documents Drywall/Ceiling Installer Worker who installs metal framed walls & ceilings, drywall coverings, ceiling grids and ceilings Electrician Skilled craftsman who installs or repairs electrical wiring & devices. Includes fire alarm systems and HVAC electrical controls. Elevator Mechanic Craftsman skilled in the installation & maintenance of elevators. Engineering Design Professional Licensed Engineer who layouts HVAC, Plumbing, Electrical, Structural or Civil systems Energy Engineer Skilled Engineer (need not be licensed) who can develop energy conservation measures (ECMs) at a given site and can determine financial analysis and project energy savings in a Pro Forma as well as providing measurement and verification of that analysis Fire Proofing Installer Worker who sprays or applies fire proofing materials. Geothermal Well Field Worker who lays coiled pipe and tests and connects to HVAC equipment Labor in earthen trench Glazier Worker who installs glass, glazing and glass framing. Heavy Equipment Includes, but not limited to, all Cat tractors, all derrick-powered, all Operator power operated cranes, back-hoe, back filler, power operated shovel, winch truck, all trenching machines HVAC Building Worker who is capable of working on low temperature refrigeration Automation technician equipment as well as small commercial equipment under 60 tons Page | 9 HVAC Commercial A/C Worker who is capable of working on large commercial up to 3000 tons technician HVAC Light Commercial Worker who is capable of working on small commercial up to 25 tons HVAC Duct installer Worker who installs ductwork. Assists with some equipment installation. HVAC Field Supervisor Worker who monitors quality as well as provide technical support to all other HVAC technician skill levels HVAC Filter technician Worker who changes filters in all types of HVAC equipment as well as minor maintenance on light commercial equipment such as changing worn belts. HVAC Helper Worker who can assist a commercial or refrigeration technician as well as perform minor analysis and repairs on equipment under 30 tons HVAC Refrigeration Worker who is capable of working on low temperature refrigeration technician equipment as well as small commercial equipment under 60 tons Insulator Worker who applies, sprays or installs insulation. Iron Worker Skilled craftsman who erects structural steel framing & installs structural concrete rebar. Laborer/Helper Worker qualified for only unskilled or semi-skilled work. Lifting, carrying materials and tools, hauling, digging, clean-up. Lather/Plasterer Worker who installs metal framing & lath. Worker who applies plaster to lathing & installs associated accessories Light Equipment Includes, but not limited to, air compressors, truck crane driver, flex Operator plane, building elevator, form grader, concrete mixer (less than 14cf), conveyer. Mason; Bricklayer Craftsman who works with masonry products, stone, brick, block or any material substituting for those materials and accessories. Metal Building Assembler Worker who assembles pre-made metal buildings. Millwright Mechanic specializing in the installation of heavy machinery, conveyance, wrenches, dock levelers, hydraulic lifts & align pumps. Painter/Wall Covering Worker who prepares wall surfaces & applies paint and/or wall covering, Inst. tape & bedding. Pipefitter Trained worker who installs piping systems, chilled water piping & hot water (boiler) piping, pneumatic tubing controls, chillers, boilers & associated mechanical equipment. Plumber Skilled craftsman who installs domestic hot & cold water piping, waste piping, storm system piping, water closets, sinks, urinals, and related work. Page | 10 Project Engineering Worker who monitors the engineering documents as well as provide technical support regarding the engineering plans and specifications as designed by the Professional Engineer. Worker is responsible for maintaining project status and reports. Project Manager Worker who monitors quality as well as provide technical support to all other HVAC technician skill levels and is responsible for maintaining project status and reports. Project Administrator Worker who provides administrative support to all technician skill levels and is responsible for all administrative functions of the project such as billings, contracts, work orders, legal requirements, purchase orders, sales tax certificates as well as proper record keeping. Refrigeration technicianWorker who is capable of workingon low temperature refrigeration equipment as well as small commercial equipment under 60 tons Refrigeration Field Worker who monitors quality as well as provide technical support to all Supervisor other Refrigeration technician skill levels Roofer Worker who installs roofing materials, Bitumen (asphalt & coal tar) felts, flashings, all types roofing membranes & associated products. Sheet Metal Worker Worker who installs sheet metal products. Roof metal, flashings & curbs, ductwork, mechanical equipment and associated metals. Sprinkler Fitter Worker who installs fire sprinkler systems & fire protection equipment. Terrazzo Worker Craftsman who places & finishes Terrazzo. Tile Setter Worker who prepares wall and/or floor surfaces & applies ceramic tiles to these surfaces Water proofer/Caulker Worker who applies water proofing material to buildings. Products include sealant, caulk, sheet membrane, liquid membranes, sprayed, rolled or brushed. Test & Balance Certified technician per AABC or NEBB standards trained to perform Technician water and air balance. Also provides sound and vibration testing and preparing of certified reports Infrared Technician Worker who utilizes infrared photography to determine location of thermal heat losses. Water Treatment Certified technician who is trained to evaluate analytical test results on Technician boiler system water, condenser water, and chill water samples and to make appropriate recommendations regarding residual levels, cycles, and feed rates. Page | 11 5.4.Other Pricing Scenarios a.Open Market Items or Sourced Goods. Bidders can provide an alternative method of costing to cover any product and/or service not covered by Common Pricing Methodologies due to the projects or application’s specifications, conditions, and/or requirements. b.Additional Discounts and Savings. A Bidder may disclose the volume requirements and subsequent discounts extended to Members who purchase larger than normal volumes. All other rebate programs or incentives should be described and quantified as a part of your Cost Proposal. 5.5.All Products & Services Must Be Priced All products and additional services including, but not limit to installation, delivery, tech support, training, and other services must be priced. Any product or service provided free of charge should be listed in order to be included on any resulting contract award. 6.Evaluation Process 6.1.Evaluation Caveats a.Proposal Rejection. The Proposal Review Team reserves the right to reject any and all proposals, in whole or in part, received in response to this RFP. All proposals will be reviewed for responsiveness to the material requirements of the solicitation. Proposals that are materially non-responsive will be rejected and CCOG will provide notice of rejection to the Bidder. b.Negligence. Negligence on the part of Bidder in preparing its proposal submitted in response to this RFP confers no right of modification or withdrawal of Bidder’s proposal after the proposal due date. c.Competitive Range. It may be necessary to establish a competitive range. Factors from the evaluation criteria will be used to make this determination. Responses not in the competitive range are unacceptable and do not receive further award consideration. d.Past Performance. A Bidder’s performance and actions under previously awarded contracts to schools, local, state, or federal agencies are relevant in determining whether or not the Bidder is likely to provide quality Products & Services to our members; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Respondent’s businesslike concern for the interests of the customer. 6.2.Evaluation and Scoring of Proposals The Proposal Review Team will evaluate based on Bidder’s proposal submission. Proposal scoring will be weighted as described in this section. Bidders should not assume that the Proposal Review Team is familiar with current or past work activities of any Bidder. In scoring the proposals, the PRT will score in two (2) parts: a.Part One – Technical Proposal Scoring Criteria: The PRT will score Technical Proposals by assessing a Bidder’s response to the questions presented in Proposal Form One: Technical Proposal. The PRT will read, review, discuss, and reach consensus on the final technical score for each Technical Proposal. A maximum of 65 points will be awarded for the Technical Proposal and points will be distributed according to the schedule below. Supplier Overview & Qualifications Twenty (20) total points allocated to: Page | 12 o Financial Strength & Legal Consideration o Industry Qualifications o Public Sector Focus o Customer References o Insurance Coverage Products, Services, Capabilities Thirty (30) total points allocated to: o Products & Services Offering o Differentiators o Additional Features o Warranty o Customer Service o Order & Invoice Processing; Payment Go to Market Strategy Fifteen (15) total points allocated to: o Public Sector Growth Plan o Bidder Organizational Structure & Staffing Relationship o Contract Implementation & Expectations b.Part Two – Cost Proposal Scoring Criteria In order to be considered for an award, and for the PRT team to review the Cost Proposal, A Technical Proposal must achieve a total of at least 45 points (a score which represents that Bidder can successfully perform the resulting contractual duties) out of the possible 65 points to qualify for continued consideration. Any Technical Proposal which does not meet the minimum required point threshold will be determined nonresponsive to this RFP and the associated sealed Cost Proposal will neither be opened nor considered. Once the Technical Proposal has achieved a score of 45 points or greater, the PRT will review Cost Proposals to determine the best overall financial value. The PRT will take into account the Bidder’s responses to the questions provided, pricing for Products & Services, and any costs or charges associated with service and support, reporting, and additional services proposed. CCOG may, at its sole discretion, select specific data from Bidder’s Cost Proposal to evaluate. CCOG also reserves the right to request additional pricing scenarios for the purpose of providing Market Basket Pricing or Project Based Pricing to compare Bidders’ Cost Proposals more accurately. A maximum of 35 points will be awarded for the Cost Proposal and points will be distributed according to the schedule below. Pricing of Products & Service Thirty-five (35) total points allocated to: o Pricing for all available Products & Services o Ability for Members to verify that they received contract pricing o Other factors relevant to this section as submitted by the Bidder Page | 13 7.Clarification & Negotiation 7.1.Proposal Clarification Bidders identified as finalists may be requested to participate in a proposal clarification discussion as part of the evaluation process, if deemed necessary. The PRT reserves the right to select Bidders within the competitive range for discussion and may not seek clarification of all Bidders. Any Bidders interviewed will bear all their costs of any scheduled interview. 7.2.Negotiation CCOG, in its sole discretion, may request all Bidders in the competitive range to submit a Best and Final Offer. Bidders must submit their Best and Final Offers in writing. If a Bidder does not respond to the request for a Best and Final Offer, that Bidders most recent offer will be considered to be its Best and Final Offer. 8.Final Scoring and Supplier Recommendation The total of each Bidder’s Technical Proposal and Cost Proposal will be added together to calculate the final points awarded to each Bidder. 9.Final Supplier Recommendation The PRT will recommend to CCOG the Bidder or Bidders deemed responsive and whose proposals are most advantageous to Members, taking into consideration factors such as price and the evaluation of criteria in the Technical Proposal. 10.Contract Award. 10.1.Award Criteria CCOG will award the contract to the responsible Bidder whose proposal is most advantageous with price and other factors consideration factors such as price and the evaluation of criteria in the Technical Proposal. The decision to award multiple contracts, award only one contract, or to make no awards rests solely with CCOG. 10.2.Award Caveats CCOG is under no obligation to issue a contract as a result of this solicitation if, in the opinion of CCOG and the PRT, none of the proposals are sufficiently responsive to the objectives and needs of Members, CCOG, or Equalis Group. CCOG reserves the right to not select any Bidder should CCOG decide not to proceed for any reason. 11.Protests 11.1.Protest of RFP A protest may be filed by a prospective or actual Bidder alleging improprieties in the issuance of the RFP or any other event preceding the deadline for proposal submission. The protest must be sent via email to Procurement@EqualisGroup.org and prior to the proposal due date. 11.2.Contract Award Protests Any potential or actual Bidder objecting to the award of a contract resulting from the issuance of this RFP may file a protest of contract award and must be submitted no later than 12:00 PM Eastern of the eighth (8th) calendar day after the public announcement of contract award. The Bidder(s) who would have been awarded the contract will be notified of the receipt of the protest. 11.3.Required information For Protest Submission Page | 14 Whether for a protest of the RFP or contract award(s) the protest must be filed in writing and must contain the following information; a.The name, address, and telephone number of the protestor; b.The name and number of the RFP being protested; c.A detailed statement of the legal and factual grounds for the protest, including copies of any relevant documents; d.A request for a ruling by CCOG; e.A statement as to the form of relief requested from CCOG; and f.Any other information the protestor believes to be essential to the determination of the factual and legal questions at issue in the written protest. CCOG will issue written decisions on all timely protests and will notify any protestor who filed an untimely protest as to whether or not the protest will be considered. 11.4.Protest Caveats An untimely protest may be considered by CCOG if CCOG, in its sole discretion, determines that the protest raises issues significant to CCOG’s procurement methodology. An untimely protest is one received by CCOG after the time periods set forth in this section. 11.5.Protest Submission All protests must be filed at the following location: Cooperative Council of Governments Attn: Procurement 6001 Cochran Road, Suite 333 Cleveland, Ohio 44139 Page | 15 REQUEST FOR PROPOSALS: Alternative and Renewable Energy Solutions RFP #: COG-2143 ISSUED BY: The Cooperative Council of Governments On Behalf of Equalis Group 6001 Cochran Road, Suite 333 Cleveland, Ohio 44139 DATED: February 10, 2023 SECTION TWO: Proposal Submission Documents, Technical Proposal, Cost Proposal and Other Required Forms T ABLE OF C ONTENTS QSPQPTBM!GPSN!DIFDLMJTU////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////!4 QSPQPTBM!GPSN!2;!UFDIOJDBM!QSPQPTBM////////////////////////////////////////////////////////////////////////////////////////////!5 QSPQPTBM!GPSN!3;!DPTU!QSPQPTBM////////////////////////////////////////////////////////////////////////////////////////////////////////24 QSPQPTBM!GPSN!4;!EJWFSTJUZ!WFOEPS!DFSUJGJDBUJPO!QBSUJDJQBUJPO//////////////////////////////25 QSPQPTBM!GPSN!5;!DFSUJGJDBUJPOT!BOE!MJDFOTFT////////////////////////////////////////////////////////////////////////26 QSPQPTBM!GPSN!6;!VOSFTPMWFE!GJOEJOHT!GPS!SFDPWFSZ////////////////////////////////////////////////////////27 QSPQPTBM!GPSN!7;!NBOEBUPSZ!EJTDMPTVSFT/////////////////////////////////////////////////////////////////////////////////28 QSPQPTBM!GPSN!8;!EFBMFS-!SFTFMMFS-!BOE!EJTUSJCVUPS!BVUIPSJ\[BUJPO//////////////////////29 QSPQPTBM!GPSN!9;!NBOEBUPSZ!TVQQMJFS!'!QSPQPTBM!DFSUJGJDBUJPOT///////////////////////////2: QSPQPTBM!GPSN!:;!DMFBO!BJS!BDU!'!DMFBO!XBUFS!BDU/////////////////////////////////////////////////////////////31 QSPQPTBM!GPSN!21;!EFCBSNFOU!OPUJDF////////////////////////////////////////////////////////////////////////////////////////////32 QSPQPTBM!GPSN!22;!MPCCZJOH!DFSUJGJDBUJPOT//////////////////////////////////////////////////////////////////////////////33 QSPQPTBM!GPSN!23;!DPOUSBDUPS!DFSUJGJDBUJPO!SFRVJSFNFOUT///////////////////////////////////////34 QSPQPTBM!GPSN!24;!CPZDPUU!DFSUJGJDBUJPO//////////////////////////////////////////////////////////////////////////////////35 QSPQPTBM!GPSN!25;!GFEFSBMGVOET!DFSUJGJDBUJPO!GPSNT/////////////////////////////////////////////////////36 QSPQPTBM!GPSN!26;!BSJ\[POB!DPOUSBDUPS!SFRVJSFNFOUT/////////////////////////////////////////////////////42 QSPQPTBM!GPSN!27;!OFX!KFSTFZ!SFRVJSFNFOUT////////////////////////////////////////////////////////////////////////////44 QSPQPTBM!GPSN!28;!HFOFSBM!UFSNT!BOE!DPOEJUJPOT!BDDFQUBODF!GPSN//////////////////////55 QSPQPTBM!GPSN!29;!FRVBMJT!HSPVQ!BENJOJTUSBUJPO!BHSFFNFOU!EFDMBSBUJPO///////56 QSPQPTBM!GPSN!2:;!NBTUFS!BHSFFNFOU!TJHOBUVSF!GPSN/////////////////////////////////////////////////////57 PROPOSALFORM CHECKLIST The following documents must be submitted with the Proposal The below documents can be found in Section 2; Proposal Submission and Required Bid Forms and must be submitted with the proposal. Please note Proposal Form 2 is a separate attachment (attachment B). TECHNICAL PROPOSAL Proposal Form 1: Technical Proposal PROPOSAL PRICING: Attachment B is provided separately in a Microsoft Excel file and is required to complete your cost proposal. Proposal Form 2: Cost Proposal OTHER REQUIRED PROPOSAL FORMS: Proposal Form 3: Diversity Vendor Certification Participation Proposal Form 4: Certifications and Licenses Proposal Form 5: Unresolved Findings for Recovery Proposal Form 6: Mandatory Disclosures Proposal Form 7: Dealer, Reseller, and Distributor Authorization Proposal Form 8: Mandatory Supplier & Proposal Certifications Proposal From 9: Clean Air Act & Clean Water Act Proposal From 10: Debarment Notice Proposal Form 11: Lobbying Certification Proposal Form 12: Contractor Certification Requirements Proposal Form 13: Boycott Certification Proposal Form 14 Federal Funds Certification Forms Proposal Form 15: Arizona Contractor Requirements Proposal Form 16: New Jersey Requirements Proposal Form 17: General Terms and Conditions Acceptance Form Proposal Form 18: Equalis Group Administration Agreement Declaration Proposal Form 19: Master Agreement Signature Form (The rest of this page is intentionally left blank) P ROPOSAL F ORM 1: T ECHNICAL P ROPOSAL 1.O VERVIEW & Q UALIFICATIONS 1.1.Company Information 1.1.1.Company Name: Enter legal name of entity responding to the RFP. 1.1.2.Corporate Street Address: Street Address, City, State & Zip. 1.1.3.Website: Click here to enter response. 1.1.4.Formation. In what year was the company Click here to enter response. formed? For how long has your company been operating under its present business name? If your company has changed its business name, include the most recent prior business name and the year of the name change. Contact Name: 1.1.5.Primary Point of Contact. Provide Click here to enter response. information about the Bidder Title: Click here to enter response. representative/contact person authorized Phone: Click here to enter response. to answer questions regarding the E-Mail Address: Click here to enter response. proposal submitted by your company: Contact Name: 1.1.6.Authorized Representative. Print or type Click here to enter response. the name of the Bidder representative authorized to address contractual issues, Title: Click here to enter response. including the authority to execute a contract on behalf of Bidder, and to whom legal notices regarding contract Phone: Click here to enter response. termination or breach, should be sent (if not the same individual as in 1.1.9., E-Mail Address: Click here to enter response. provide the following information on each such representative and specify their function). 1.2.Financial Strength & Legal Considerations 1.2.1.Financial Strength. Demonstrate your Click here to enter response. financial strength and stability with meaningful data. This could include, but is not limited to, such items as financial statements, SEC filings, credit & bond ratings, letters of credit, and detailed refence letters. Note: If the information disclosed in your response is considered “Trade Secret” as defined in Ohio Revised Code, respondents may mark the information as a “Trade Secret” and the response Page | 4 will be redacted from any future use of the RFP response. 1.2.2.Bankruptcy & Insolvency. Describe any Click here to enter response. bankruptcy or insolvency for your organization (or its predecessors, if any) or any principal of the firm in the last three (3) years. 1.2.3.Litigation. Describe any litigation in which Click here to enter response. your company has been involved in the last three (3) years and the status of that litigation. 1.3.Industry Qualifications 1.3.1.Company Identification.How is your Click here to enter response. organization best identified? Is it a manufacturer, distributor, dealer, reseller, or service provider? 1.3.2.Manufacturer Authorization. If your Click here to enter response. company is best described as a distributor/dealer/reseller (or similar entity), please certify that your organization is authorized to sell on behalf of the products and services you represent. 1.3.3.Authorized Distributors, Agents, Dealers, Click here to enter response. or Resellers. Describe the different channels in which this contract will be made available to Equalis Group Members. Your response should include, but is not limited to, whether your organization will serve as the single point of sale or if the contract will be made available through a network of distributors, agents, dealers, or resellers. NOTE: Bidders intending to authorize distributors, agents, dealers, or resellers must complete Proposal Form 7 - Dealer, Distributor and Reseller Authorization Form. 1.3.4.Network Relationship. If your company is Click here to enter response. best described as a manufacturer or service provider, please describe how your dealer network operates to sell and deliver the Products & Services proposed in this RFP. If applicable, is your network independent or company owned? Page | 5 1.3.5.Industry Experience. How long has your Click here to enter response. company provided the products and services outlined in your response to this RFP? What percentage of your company’s revenue in each of the last three (3) full calendar years was generated from these products and services? 1.3.6.Geographic Reach. Describe your Click here to enter response. company’s service area in the United States and which areas you intend to offer services under a resulting contract if awarded. 1.3.7.Certifications and Licenses. Provide a Click here to enter response. detailed explanation outlining the licenses and certifications that are i) required to be held, and ii) actually held by your organization (including third parties and subcontractors that you use). Has your company maintained these certifications on an ongoing basis? If not, when and why did your company lose any referenced certifications? NOTE: Provide copies of any of the certificates or licenses included in your response in Proposal Form 5 - Certifications and Licenses. 1.4.Public Sector Experience 1.4.1.Public Sector Cooperative Contracts. Click here to enter response. Provide a list of the public sector cooperative contracts (e.g., state term contracts, public sector cooperatives, etc.) you currently hold and the annual revenue through those contracts in each of the last three (3) calendar year. Please exclude information and data associated with Federal or GSA contracts 1.4.2.Education Success. What is the i) total Click here to enter response. dollar amount, and ii) percentage of your company’s total annual revenue generated by sales to educational institutions (i.e., K-12 schools & school districts and high education)? 1.4.3.Government Success. What is the i) total Click here to enter response. dollar amount, and ii) percentage of your company’s total annual revenue generated by sales to local governments Page | 6 (i.e., municipalities, counties, special districts, and state agencies)? 1.4.4.Customer References. Provide references Click here to enter response. of at least five (5) local government or educational institution customers for which your company has provided products and services similar in nature and scope to those defined in this RFP in the last three (3) years. Each reference should include: a.Customer contact person and their title, telephone number, and email address; b.A brief description of the products and services provided by your company; c.Customer relationship starting and ending dates; and, d.Notes or other pertinent information relating to the customer and/or the products and services your company provided. 2.Products & Services 2.1.P RODUCTS & S ERVICES Click here to enter response. 2.1.1.Product & Services Description(s). Provide a detailed description of the products and services you are offering as a part of your proposal. Your response may include, but is not information related to limited to, differentiators, manufacturing capabilities & advantages, warranty information, turnkey capabilities, installation or set-up, training services, maintenance services, or any other piece of information that would help understand the breadth and depth of your products and service offering. IMPORTANT. This description along with the products and services included in the Attachment B – Cost Proposal will be utilized to define the overall products and services available under a resulting contract. Page | 7 2.1.2.Additional Offering. Please include any Click here to enter response. additional products and services not included in the scope of the solicitation that you think will enhance and add value to this contract’s participating agencies. 2.1.3.Open Market Products. Provide a detailed Click here to enter response. description of your ability to accommodate requests for Open Market Products. Open Market Products is a category of products that cannot be found in your standard catalog offering or non- inventoried products. 2.1.4.Warranty. Provide a copy of the Click here to enter response. manufacturer’s warranty. If required, please attach the warranty as an attachment, as instructed in this document. Describe notable features and/or characteristics of the warranty that a public sector customer would find interesting or appealing. Pricing related to the any extended warranty options must be included in Attachment B – Cost Proposal. 3.Business Operations 3.1.1.Logistics 3.1.2.Distribution & Shipping Capabilities. Click here to enter response. Describe how supplier proposes to distribute the products/services in Bidder’s defined geographic reach. Your response may include, but is not limited to, information related to the number of distribution facilities, supply chain partners, fill rates, on-time delivery rates, and your ability to accommodate expedited orders. 3.2.Customer Service 3.2.1.Customer Service Department. Describe Click here to enter response. your company’s customer service department & operations. Your description may include, but is not limited to, hours of operation, number and location of service centers, parts outlets, number of customer service representatives. Clarify if the service Page | 8 centers are owned by your company of if they are a network of subcontractors. 3.3.Customer Set Up; Order & Invoice Processing; Payment 3.3.1.Order & Invoice Process. Describe your Click here to enter response. company’s proposal development, order, and invoice process. Your response should include, but is not limited to, acceptable payment methods and standard payment terms. 3.3.2.Financing. Does your company offer any Click here to enter response. financing options or programs? If yes, describe the financing options available to Members. 3.4.Bonding Capabilities 3.4.1.Bonding. Describe your company’s Click here to enter response. bonding capacity. Your response may include, but is not limited to, the bonding company’s surety rating. 4.P RICING 4.1.Cost Proposal 4.1.1.Pricing Model. Provide a description of Click here to enter response. your pricing model or methodology identifying how the model works for the products and services included in your proposal. Your response should describe how the proposed pricing model is able to be audited by an Equalis Group member to assure compliance with the pricing in the Master Agreement. 4.1.2.Auditable. Describe how the proposed Click here to enter response. pricing model is able to be audited by public sector agencies or CCOG to assure compliance with pricing in the Master Agreement. Page | 9 4.1.3.Cost Proposal Value. Which of the The prices offered in your Cost Proposal are: following statements best describes the lower than what you offer other group purchasing pricing offered included in Bidder’s cost organizations, cooperative purchasing organizations, or state proposal. purchasing departments. equal to what you offer other group purchasing organizations, cooperative purchasing organizations, or state purchasing departments. higher than what you offer other group purchasing organizations, cooperative purchasing organizations, or state purchasing departments. not applicable. Please explain below. Click or tap here to enter text. 4.1.4.Additional Savings. Describe any quantity Click here to enter response. or volume discounts or rebate programs included in your Cost Proposal. 4.1.5.Cost of Shipping. Is the cost of shipping Click here to enter response. included in the pricing submitted with your response? If no, describe how cost associated with freight, shipping, and delivery are calculated. 4.1.6.Pricing Open Market or Sourced Goods. If Click here to enter response. relevant, propose a method for the pricing of Open Market Items. For example, you may supply such items "at cost" or "at cost plus a percentage" or you supply a quote for each such request. NOTE: For a definition of Open Market Items, please refer to Part One, Section 5 – Pricing. 4.1.7.Total Cost of Acquisition. Identify any Click here to enter response. total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Bidder. 5.G O-T O-M ARKET S TRATEGY 5.1.Bidder Organizational Structure & Staffing of Relationship Page | 10 5.1.1.Key Contacts. Provide contact information Click here to enter response. and resumes for the person(s) who will be responsible for the following areas; 1.Executive Contact 2.Contract Manager 3.Sales Leader 4.Reporting Contact 5.Marketing Contact. Indicate who the primary contact will be if it is not the Sales Leader 5.1.2.Sales Organization. Provide a description Click here to enter response. of your sales organization, including key staff members, the size of the organization, in-house vs. third-party sales resources, geographic territories, vertical market segmentation, etc. 5.2.Contract Implementation Strategy & Expectations 5.2.1.Contract Expectation. What are your Click here to enter response. company’s expectations in the event of a contract award? 5.2.2.Five (5) Year Sales Vision & Strategy. Click here to enter response. Describe your company’s vision and strategy to leverage a resulting contract with Equalis over the next five (5) years. Your response may include but is not limited to; the geographic or public sector vertical markets being targeted; your strategy for acquiring new business and retaining existing business; how the contract will be deployed with your sales team; and the time frames in which this will be completed. 5.2.3.Sales Objectives. What are your top line Click here to enter response. sales objectives in each of the five (5) years if awarded this contract? 6.A DMIN F EE & R EPORTING 6.1.Bidder Organizational Structure & Staffing of Relationship Page | 11 6.1.1.Administrative Fee. Equalis Group only Agreed to pay 2.25% Administration Fee. generates revenue when the Winning Negotiation Administration Fee or Fee Structure. Please Supplier generates revenue based on describe the proposed Administration Fee or Fee Structure contract utilization by current and future Members. Click here to enter response. The proposed administrative fee for this RFP is 2.25% of the total Spend for agencies accessing products and services through the Master Agreement. Please provide your proposed Administrative Fee percentage or structure. NOTE: The proposed Administrative Fee language for this contract is based on the terms disclosed in the Attachment A – Model Administration Agreement. 6.1.2.Sales & Administrative Fee Reporting. Click here to enter response. Equalis Group requires monthly reports detailing sales invoiced the prior month and associated Administrative Fees th earned by the 15 of each month. Confirm that your company will meet this reporting requirement. If not, explain why and propose an alternative time schedule for providing these reports to Equalis Group. 6.1.3.Self-Audit. Describe any self-audit process Click here to enter response. or program that you plan to employ to verify compliance with your proposed contract with Equalis Group. This process includes ensuring that Members obtain the correct pricing, reports reflect all sales made under the Contract, and Winning Supplier remit the proper admin fee to Equalis. Page | 12 P ROPOSAL F ORM 2: C OST P ROPOSAL A template for the Cost Proposal h as been included as Attachment B and must be uploaded as a separate attachment to a Bidder’s proposal submission. Bidders are permitted to revise any part of the spreadsheet to the Cost Proposal to accurately reflect the column titles, details, discounts, pricing categories of products, services, and solutions being offered to Equalis Group Members. Bidder’s Cost Proposal must include the information requested in Section 5 – Cost Proposal & Pricing. NOTE: Cost Proposals will remain sealed and will only be opened and reviewed for those Bidders that meet the minimum Technical Proposal score threshold as described in Section 6.2 - Evaluation and Scoring of Proposals. (The rest of this page is intentionally left blank) Page | 13 P ROPOSAL F ORM 3: D IVERSITY V ENDOR C ERTIFICATION P ARTICIPATION Diversity Vendor Certification Pa rticipation - It is the policy of some Members participating in Equalis Group to involve minority and women business enterprises (M/WBE), small and/or disadvantaged business enterprises, disable veterans business enterprises, historically utilized businesses (HUB) and other diversity recognized businesses in the purchase of goods and services. Respondents shall indicate below whether or not they hold certification in any of the classified areas and include proof of such certification with their response. a.Minority Women Business Enterprise Respondent certifies that this firm is an MWBE: Yes No List certifying agency:Click or tap here to enter text. b.Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (“DBE”) Respondent certifies that this firm is a SBE or DBE: Yes No List certifying agency: Click or tap here to enter text. c.Disabled Veterans Business Enterprise (DVBE) Respondent certifies that this firm is an DVBE: Yes No List certifying agency: Click or tap here to enter text. d.Historically Underutilized Businesses (HUB) Yes No Respondent certifies that this firm is an HUB: List certifying agency: Click or tap here to enter text. e.Historically Underutilized Business Zone Enterprise (HUBZone) Respondent certifies that this firm is an HUBZone: Yes No List certifying agency: Click or tap here to enter text. f.Other Respondent certifies that this firm is a recognized diversity certificate holder: Yes No List certifying agency: Click or tap here to enter text. Page | 14 P ROPOSAL F ORM 4: C ERTIFICATIONS AND L ICENSES Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing Bidder to provide the products and services included in their proposal which can include, but not limited to licenses, registrations or certifications. M/WBE, HUB, DVBE, small and disadvantaged business certifications and other diverse business certifications, as well as manufacturer certifications for sales and service must be included if applicable Please also list and include copies of any certificates you hold that would show value for your response not already included above. Click or tap here to enter text. (The rest of this page is intentionally left blank) Page | 15 P ROPOSAL F ORM 5: U NRESOLVED F INDINGS FOR R ECOVERY O.R.C. Chapter 9.24 p rohibits CCOG from awarding a contract to any entity against whom the Auditor of State has issued a finding for recovery, if such finding for recovery is “unresolved” at the time of award. By submitting a proposal, a Bidder warrants that it is not now, and will not become, subject to an “unresolved” finding for recovery under O.R.C. Chapter 9.24 prior to the award of any contract arising out of this RFP, without notifying CCOG of such finding. The Proposal Review Team will not evaluate a proposal from any Bidder whose name, or the name of any of the subcontractors proposed by the Bidder, appears on the website of the Auditor of the State of Ohio as having an “unresolved” finding for recovery. Is your company the subject of any unresolved findings for recoveries? Yes No Page | 16 P ROPOSAL F ORM 6: M ANDATORY D ISCLOSURES 1.Mandatory Contract Performance Disclosure. Disclose whether your company’s performance and/or the performance of any of the proposed subcontractor(s) under contracts for the provision of products and services that are the same or similar to those to be provided for the Program which is the subject of this RFP has resulted in any formal claims for breach of those contracts. For purposes of this disclosure, “formal claims” means any claims for breach that have been filed as a lawsuit in any court, submitted for arbitration (whether voluntary or involuntary, binding or not), or assigned to mediation. For any such claims disclosed, fully explain the details of those claims, including the allegations regarding all alleged breaches, any written or legal action resulting from those allegations, and the results of any litigation, arbitration, or mediation regarding those claims, including terms of any settlement. While disclosure of any formal claims will not automatically disqualify a Bidder from consideration, at the sole discretion of Equalis Group, such claims and a review of the background details may result in a rejection of a Bidder’s proposal. Equalis Group will make this decision based on the Proposal Review Team’s determination of the seriousness of the claims, the potential impact that the behavior that led to the claims could have on the Bidder’s performance of the work, and the best interests of Members. Provide statement here. Insert statement here. 2.Mandatory Disclosure of Governmental Investigations. Indicate whether your company and/or any of the proposed subcontractor(s) has been the subject of any adverse regulatory or adverse administrative governmental action (federal, state, or local) with respect to your company’s performance of services similar to those described in this RFP. If any such instances are disclosed, Bidders must fully explain, in detail, the nature of the governmental action, the allegations that led to the governmental action, and the results of the governmental action including any legal action that was taken against the Bidder by the governmental agency. While disclosure of any governmental action will not automatically disqualify a Bidder from consideration, such governmental action and a review of the background details may result in a rejection of the Bidder’s proposal at Group’s sole discretion. Equalis Group will make this decision based on the Proposal Review Team’s determination of the seriousness of the claims, the potential impact that the behavior that led to the claims could have on the Bidder’s performance of the work, and the best interests of Members. Provide statement here. Insert statement here. Page | 17 P ROPOSAL F ORM 7: D EALER, R ESELLER,AND D ISTRIBUTOR A UTHORIZATION CCOG allows Suppliers to authorize dealers, distributors, and resellers to sell the products and services made available through, and consistent with the Terms and Conditions set forth in, the Master Agreement. If Supplier intends to authorize their dealers, distributors, or resellers access to the Master Agreement in the event of a contract award Supplier must provide a list, either in the form of a document or a weblink, to identify those organizations who are being authorized access to the Master Agreement. Will the Supplier authorize dealers, distributors, resellers access to Master Agreement? Yes No If yes, how will Supplier disclose which organization(s) will have access to the Master Agreement? This list can be updated from time to time upon CCOG’s approval. Bidder Response: Click or tap here to enter text. Page | 18 P ROPOSAL F ORM 8: M ANDATORY S UPPLIER & P ROPOSAL C ERTIFICATIONS CCOG may not enter into contracts with any suppliers who have been found to be ineligible for state contracts under specific federal or Ohio statutes or regulations. Bidders responding to any CCOG RFP MUST certify that they are NOT ineligible by signing each of the statements below. Failure to provide proper affirming signature on any of these statements will result in a Bidder’s proposal being deemed nonresponsive to this RFP. I, Insert name here., hereby certify and affirm that Bidder Name, has not been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in transactions by the Unites States Department of Labor, the United States Department of Health and Human Services, or any other federal department or agency as set forth in 29 CFR Part 98, or 45 CFR Part 76, or other applicable statutes. AND I, Insert name here., hereby certify and affirm that Bidder Name, is in compliance with all federal, state, and local laws, rules, and regulations, including but not limited to the Occupational Safety and Health Act and the Ohio Bureau of Employment Services and the following: Not penalized or debarred from any public contracts or falsified certified payroll records or any other violation of the Fair Labor Standards Act in the last three (3) years; Not found to have violated any worker’s compensation law within the last three (3) years; Not violated any employee discrimination law within the last three (3) years; Not have been found to have committed more than one (1) willful or repeated OSHA violation of a safety standard (as opposed to a record keeping or administrative standard) in the last three (3) years; Not have an Experience Modification Rating of greater than 1.5 (a penalty-rated employer) with respect to the Bureau of Workers’ Compensation risk assessment rating; and Not have failed to file any required tax returns or failed to pay any required taxes to any governmental entity within the past three (3) years. AND I, Insert name here., hereby certify and affirm that Bidder Name, is not on the list established by the Ohio Secretary of State, pursuant to ORC Section 121.23, which identifies persons and businesses with more than one unfair labor practice contempt of court finding against them. AND I, Insert name here., hereby certify and affirm that Bidder Name either is not subject to a finding for recovery under ORC Section 9.24, or has taken appropriate remedial steps required under that statute to resolve any findings for recovery, or otherwise qualifies under that section to enter into contracts with CCOG. I, Insert name here., hereby affirm that this proposal accurately represents the capabilities and qualifications of Bidder Name, and I hereby affirm that the cost(s) proposed to CCOG for the performance of services and/or provision of goods covered in this proposal in response to this CCOG RFP is a firm fixed price structure as described in the Cost Proposal, inclusive of all incidental as well as primary costs. (Failure to provide the proper affirming signature on this item may result in the disqualification of your proposal.) Page | 19 P ROPOSAL F ORM 9: C LEAN A IR A CT & C LEAN W ATER A CT The Bidder is in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement. Authorized signature: Printed Name:Click or tap here to enter text. Company Name:Click or tap here to enter text. Mailing Address: Click or tap here to enter text. Email Address:Click or tap here to enter text. Job Title: Click or tap here to enter text. Page | 20 P ROPOSAL F ORM 10: D EBARMENT N OTICE I, the Bidder, certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations. Click or tap here to enter text. Respondents Name: Click or tap here to enter text. Mailing Address: Signature Title of Signatory: Click or tap here to enter text. Page | 21 P ROPOSAL F ORM 11: L OBBYING C ERTIFICATIONS Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by Section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. The undersigned certifies, to the best of his/her knowledge and belief, on behalf of Bidder that: 1. No Federal appropriated funds have been paid or will be paid on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding one hundred thousand dollars ($100,000) in Federal funds at all appropriate tiers and that all sub-recipients shall certify and disclose accordingly. Signature: Date: Click or tap here to enter text. Page | 22 P ROPOSAL F ORM 12: C ONTRACTOR C ERTIFICATION R EQUIREMENTS 1.Contractor’s Employment Eligibility By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statutes of the states it will operate this contract in. Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws. Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. The Respondent complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program. Contractor shall comply with governing board policy of the CCOG Participating entities in which work is being performed. 2.Fingerprint & Criminal Background Checks If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District. The Respondent shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted. Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed. Signature: Date: Click or tap here to enter text. Page | 23 P ROPOSAL F ORM 13: B OYCOTT C ERTIFICATION Bidder must certify that during the term of any Agreement, it does not boycott Israel and will not boycott Israel. “Boycott” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) Page | 24 P ROPOSAL F ORM 14: F EDERAL F UNDS C ERTIFICATION F ORMS When a participating agency seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or “EDGAR” requirements). All bidders submitting proposals must complete this Federal Funds Certification Form regarding bidder’s willingness and ability to comply with certain requirements which may be applicable to specific participating agency purchases using federal grant funds. This completed form will be made available to Members for their use while considering their purchasing options when using federal grant funds. Members may also require Supplier Partners to enter into ancillary agreements, in addition to the contract’s general terms and conditions, to address the member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, respondent should certify their agreement and ability to comply, where applicable, by having respondents authorized representative complete and initial the applicable lines after each section and sign the acknowledgment at the end of this form. If a Bidder fails to complete any item in this form, CCOG will consider the respondent’s response to be that they are unable or unwilling to comply. A negative response to any of the items may, if applicable, impact the ability of a participating agency to purchase from the Supplier Partner using federal funds. 1.Supplier Partner Violation or Breach of Contract Terms Contracts for more than the simplified acquisition threshold currently set at one hundred fifty thousand dollars ($150,000), which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where Supplier Partners violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Any contract award will be subject to Terms and Conditions of the Master Agreement, as well as any additional terms and conditions in any purchase order, participating agency ancillary contract, or Member construction contract agreed upon by Supplier Partner and the participating agency which mut be consistent with and protect the participating agency at least to the same extent as the CCOG Terms and Conditions. The remedies under the contract are in addition to any other remedies that may be available under law or in equity. By submitting a proposal, you agree to these Supplier Partner violation and breach of contract terms. Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) 2.Termination for Cause or Convenience When a participating agency expends federal funds, the participating agency reserves the right to immediately terminate any agreement in excess of ten thousand dollars ($10,000) resulting from this procurement process in the event of a breach or default of the agreement by Offeror in the event Offeror fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. Participating agency also reserves the right to terminate the contract immediately, with written notice to offeror, for convenience, if participating agency believes, in its sole discretion that it is in the best interest of participating agency to do so. Bidder will be compensated for work performed and accepted and goods accepted by participating agency as of the termination date if the contract is terminated for convenience of participating agency. Any award under this Page | 25 procurement process is not exclusive and participating agency reserves the right to purchase goods and services from other offerors when it is in participating agency’s best interest. Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) 3.Equal Employment Opportunity Except as otherwise provided under 41 CFR Part 60, all participating agency purchases or contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Supplier Partner agrees that such provision applies to any participating agency purchase or contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and Supplier Partner agrees that it shall comply with such provision. Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) 4.Davis-Bacon Act When required by Federal program legislation, Supplier Partner agrees that, for all participating agency prime construction contracts/purchases in excess of two thousand dollars ($2,000), Supplier Partner shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Supplier Partner is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Supplier Partner shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at www.wdol.gov. Supplier Partner agrees that, for any purchase to which this requirement applies, the award of the purchase to the Supplier Partner is conditioned upon Supplier Partner’s acceptance of the wage determination. Supplier Partner further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”. The Act provides that each Supplier Partner or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) Page | 26 5.Contract Work Hours and Safety Standards Act Where applicable, for all participating agency contracts or purchases in excess of one hundred thousand dollars ($100,000) that involve the employment of mechanics or laborers, Supplier Partner agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Supplier Partner is required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) 6.Right to Inventions Made Under a Contract or Agreement If the participating agency’s Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier Partner agrees to comply with the above requirements when applicable. Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) 7.Clean Air Act and Federal Water Pollution Control Act Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended – Contracts and subgrants of amounts in excess of one hundred fifty thousand dollars ($150,000) must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Supplier Partner agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) Page | 27 8.Debarment and Suspension Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier Partner certifies that Supplier Partner is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier Partner further agrees to immediately notify the Cooperative and all Members with pending purchases or seeking to purchase from Supplier Partner if Supplier Partner is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) 9.Byrd Anti-Lobbying Amendment Byrd Anti-Lobbying Amendment (31 USC 1352) – Supplier Partners that apply or bid for an award exceeding one hundred thousand dollars ($100,000) must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Supplier Partner agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) 10.Procurement of Recovered Materials For participating agency purchases utilizing Federal funds, Supplier Partner agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a participating agency maybe required to confirm estimates and otherwise comply. The requirements of Section 6002 includes procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds ten thousand dollars ($10,000) or the value of the quantity acquired during the preceding fiscal year exceeded ten thousand dollars ($10,000); procuring solid waste management services in a manner that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Does Bidder agree? _ Click or tap here to enter text. Page | 28 (Initials of Authorized Representative) 11.Profit as a Separate Element of Price For purchases using federal funds in excess of one hundred fifty thousand dollars ($150,000), a participating agency may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.324(b). When required by a participating agency, Supplier Partner agrees to provide information and negotiate with the participating agency regarding profit as a separate element of the price for a particular purchase. However, Supplier Partner agrees that the total price, including profit, charged by Supplier Partner to the participating agency shall not exceed the awarded pricing, including any applicable discount, under Supplier Partner’s Group Purchasing Agreement. Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) 12.Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Vendor agrees that recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system from companies described in Public Law 115-232, section 889. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country are also prohibited. Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) 13.Domestic preferences for procurements For participating agency purchases utilizing Federal funds, Bidder agrees to provide proof, where applicable, that the materials, including but not limited to, iron, aluminum, steel, cement, and other manufactured products are produced in the United States. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) 14.General Compliance and Cooperation with Members In addition to the foregoing specific requirements, Vendor agrees, in accepting any purchase order from a Member, it shall make a good faith effort to work with Members to provide such information and to satisfy Page | 29 such requirements as may apply to a particular participating agency purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) 15.Applicability to Subcontractors Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does Bidder agree? _ Click or tap here to enter text. (Initials of Authorized Representative) By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. Authorized signature: Click or tap here to enter text. Printed Name: Click or tap here to enter text. Company Name: Click or tap here to enter text. Mailing Address: Click or tap here to enter text. Job Title: Page | 30 P ROPOSAL F ORM 15: A RIZONA C ONTRACTOR R EQUIREMENTS Please answer the following question. If yes, please complete Proposal Form 15. Does the awarded supplier intend to make their products and services available Yes to public agencies in the State of Arizona? No In the event the Awarded Supplier desires to pursue public sector opportunities in the State of Arizona, it is important to understand the requirements for working with those public agencies. The documentation and information contained in this proposal form are intended to provide the respondent with documentation that could be relevant to the providing products & services to public agencies in the State of Arizona. It is the responsibility of the public agency to ensure they are in compliance with local requirements. AZ Compliance with Federal and State Requirements Contractor agrees when working on any federally assisted projects with more than $2,000.00 in labor costs, to comply with all federal and state requirements, as well as Equal Opportunity Employment requirements and all other federal and state laws, statutes, etc. Contractor agrees to post wage rates at the work site and submit a copy of their payroll to the member for their files. Contractor must retain records for three years to allow the federal grantor agency access to these records, upon demand. Contractor also agrees to comply with the Arizona Executive Order 75-5, as amended by Executive Order 99-4. When working on contracts funded with Federal Grant monies, contractor additionally agrees to comply with the administrative requirements for grants, and cooperative agreements to state, local and federally recognized Indian Tribal Governments. AZ compliance with workforce requirements Pursuant to ARS 41-4401, Contractor and subcontractor(s) warrant their compliance with all federal and state immigration laws and regulations that relate to their employees, and compliance with ARS 23-214 subsection A, which states, …” every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program” CCOG reserves the right to cancel or suspend the use of any contract for violations of immigration laws and regulations. CCOG and its members reserve the right to inspect the papers of any contractor or subcontract employee who works under this contract to ensure compliance with the warranty above. AZ Contractor Employee Work Eligibility By entering into this contract, contractor agrees and warrants compliance with A.R.S. 41-4401, A.R.S. 23-214, the Federal Immigration and Nationality Act (FINA), and all other Federal immigration laws and regulations. CCOG and/or CCOG members may request verification of compliance from any contractor or sub-contractor performing work under this contract. CCOG and CCOG members reserve the right to confirm compliance. In the event that CCOG or CCOG members suspect or find that any contractor or subcontractor is not in compliance, CCOG may pursue any and all remedies allowed by law, including but not limited to suspension of work, termination of contract, suspension and/or debarment of the contractor. All cost associated with any legal action will be the responsibility of the contractor. AZ Non-Compliance All federally assisted contracts to members that exceed $10,000.00 may be terminated by the federal grantee for noncompliance by contractor. In projects that are not federally funded, Respondent must agree to meet any federal, state or local requirements as necessary. In addition, if compliance with the federal regulations Page | 31 increases the contract costs beyond the agreed upon costs in this solicitation, the additional costs may only apply to the portion of the work paid by the federal grantee. Registered Sex Offender Restrictions (Arizona) For work to be performed at an Arizona school, contractor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are present, or reasonably expected to be present. Contractor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the CCOG member’s discretion. Contractor must identify any additional costs associated with compliance to this term. If no costs are specified, compliance with this term will be provided at no additional charge. Offshore Performance of Work Prohibited Due to security and identity protection concerns, direct services under this contract shall be performed within the borders of the United States. Terrorism Country Divestments: In accordance with A.R.S. 35-392, CCOG and CCOG members are prohibited from purchasing from a company that is in violation of the Export Administration Act. By entering into the contract, contractor warrants compliance with the Export Administration Act. The undersigned hereby accepts and agrees to comply with all statutory compliance and notice requirements listed in this document. lick or tap here to enter text. Does Bidder agree? _ C (Initials of Authorized Representative) Date: _ Click or tap here to enter text. Page | 32 P ROPOSAL F ORM 16: N EW J ERSEY R EQUIREMENTS Please answer the following question. Does the awarded supplier intend to make their products and services available to Yes public agencies in the State of New Jersey? No In the event the Awarded Supplier desires to pursue public sector opportunities in the State of New Jersey, it is important to understand the requirements for working with those public agencies. The documentation and information contained in this proposal form are intended to provide the respondent with documentation that could be relevant to the providing products & services to public agencies in the State of New Jersey. It is the responsibility of the public agency to ensure they are in compliance with local requirements. New Jersey vendors are also required to comply with the following New Jersey statutes when applicable: All anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38. Compliance with Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act. Compliance with Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26 Bid and Performance Security, as required by the applicable municipal or state statutes. wnership Disclosure Form (N.J.S. 52:25-24.2) A.O Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law), the Respondent shall complete the form attached to these specifications listing the persons owning 10 percent (10%) or more of the firm presenting the proposal. Click or tap here to enter text. Company Name: Click or tap here to enter text. Street: Click or tap here to enter text. City, State, Zip Code: Complete as appropriate: I, Click or tap here to enter text. , certify that I am the sole owner of Click or tap here to enter text., that there are no partners and the business is not incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply. OR: I, Click or tap here to enter text., a partner in Click or tap here to enter text., do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the individual partners owning 10% or greater interest in that partnership. OR: I, Click or tap here to enter text., an authorized representative Click or tap here to enter text., a corporation, do hereby certify that the following is a list of the names and addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the individual partners owning a 10% or greater interest in that partnership. (Note: If there are no partners or stockholders owning 10% or more interest, indicate none.) Name Address Interest Page | 33 I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. Signa ture: Date: Click or tap here to enter text. Page | 34 B.Non-Collusion Affidavit Bidder Name: Enter Bidder Name Enter Bidder Name Street Address: Enter Bidder Name City, State Zip: State of New Jersey County ofInsert County name I, Insert name here. of the Insert name of City in the County of Insert name of County, State of Insert name of State of full age, being duly sworn according to law on my oath depose and say that: I am the Insert name of job title.of the firm of Insert company name. the Bidder making the Proposal for the goods, services or public work specified under the Harrison Township Board of Education attached proposal, and that I executed the said proposal with full authority to do so; that said Respondent has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above proposal, and that all statements contained in said bid proposal and in this affidavit are true and correct, and made with full knowledge that the Harrison Township Board of Education relies upon the truth of the statements contained in said bid proposal and in the statements contained in this affidavit in awarding the contract for the said goods, services or public work. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by Authorized signature: Insert job title here. Job Title: Subscribed and sworn before me this ______ day of ______________, 20____ __________________________________________ Notary Public of New Jersey My commission expires , 20____ SEAL Page | 35 C.Affirmative ActionAffidavit(P.L. 1975, C.127) Company Name: Click or tap here to enter text. Street Address: Click or tap here to enter text. City, State, Zip Code: Click or tap here to enter text. Bid Proposal Certification: Indicate below your compliance with New Jersey Affirmative Action regulations. Your proposal will be accepted even if you are not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met. Required Affirmative Action Evidence: Procurement, Professional & Service Contracts (Exhibit A) Suppliers must submit with proposal: 1.A photo copy of their Federal Letter of Affirmative Action Plan Approval OR 2.A photo copy of their Certificate of Employee Information Report OR 3.A complete Affirmative Action Employee Information Report (AA302) Public Work – Over $50,000 Total Project Cost: No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201-A upon receipt from the Harrison Township Board of Education Approved Federal or New Jersey Plan – certificate enclosed I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. Authorized Signature: Title of Signatory: Click or tap here to enter text. Date: Click or tap here to enter text. P.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, Page | 36 marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions. The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). ________________________________________________ Signature of Procurement Agent D.C. 271 Political Contribution Disclosure Form Page | 37 PUBLIC AGENCY INSTRUCTIONS This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information is available in Local Finance Notice 2006-1 (https://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). 1.The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7). 2.Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed. 3.The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file. 4.The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a)The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay-to-Play web site at They will be updated from https://www.state.nj.us/dca/divisions/dlgs/programs/pay_2_play.html time-to-time as necessary. b)A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists. c)Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county. These submissions are appropriate and should be accepted. d)The form may be used “as-is”, subject to edits as described herein. e)The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f)The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document. 5.It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education. Page | 38 CONTRACTOR INSTRUCTIONS Business entities (contractors) receiving contracts from a public agency in the state of New Jersey that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to: any State, county, or municipal committee of a political party * any legislative leadership committee any continuing political committee (a.k.a., political action committee) any candidate committee of a candidate for, or holder of, an elective office: p of the public entity awarding the contract p of that county in which that public entity is located p of another public entity within that county p or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county. The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions. :44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a N.J.S.A. 19 natural person. This includes the following: individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit all principals, partners, officers, or directors of the business entity or their spouses any subsidiaries directly or indirectly controlled by the business entity IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs). When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” \[N.J.S.A. 19:44A-20.26(b)\] The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts. 1 N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.” C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant To N.J.S.A. 19:44A-20.26 Page | 39 This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract. Part I – Vendor Information Insert vendor name here. Vendor Name: Address:Insert street address here. Insert City Here. City: State:State.Zip:Zip Code The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form. Insert Full Name Insert Title. Signature of Vendor Printed Name Title Part II – Contribution Disclosure :44A-20.26 this disclosure must include all reportable political Disclosure requirement: Pursuant to N.J.S.A. 19 contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit. heck here if disclosure is provided in electronic form. C Contributor Name Recipient Name Date Dollar Amount $ Check here if the information is continued on subsequent page(s) Page | 40 Continuation Page C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant To N.J.S.A. 19:44A-20.26 Page ___ of ______ Vendor Name: Contributor NameRecipient NameDateDollar Amount Contributor Name Recipient Name Date Amount Contributor NameRecipient NameDateAmount Contributor Name Recipient Name Date Amount Contributor NameRecipient NameDateAmount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date Amount Contributor Name Recipient Name Date $Amount Contributor Name Recipient Name Date $Amount Contributor Name Recipient Name Date $Amount Contributor Name Recipient Name Date $Amount Contributor Name Recipient Name Date $Amount Check here if the information is continued on subsequent page(s) Page | 41 List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 County Name: State: Governor, and Legislative Leadership Committees Legislative District #s: State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff {County Executive} Surrogate Municipalities (Mayor and members of governing body, regardless of title): USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY- BASED, CUSTOMIZABLE FORM. E.Stockholder Disclosure Certification Name of Business: I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. OR I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization: Partnership Corporation Sole Proprietorship Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: Name: Stockholder Name Name: Stockholder Name Home Address: Home Address: Home Address Home Address Name: Stockholder Name Name: Stockholder Name Page | 42 Home Address: Home Address: Home Address Home Address Name: Stockholder Name Name: Stockholder Name Home Address: Home Address: Home Address Home Address Subscribed and sworn before me this ___ day of _________________________________ ___________, 2 __. (Affiant) (Notary Public) ________________________________ (Print name & title of affiant) My Commission expires: (Corporate Seal) Page | 43 P ROPOSAL F ORM 17: G ENERAL T ERMS AND C ONDITIONS A CCEPTANCE F ORM Check one of the following responses to the General Terms and Conditions in this solicitation, including the Master Agreement: We take no exceptions/deviations to the general terms and conditions (Note: If none are listed below, it is understood that no exceptions/deviations are taken.) We take the following exceptions/deviations to the general terms and conditions. All exceptions/deviations must be clearly explained. Reference the corresponding general terms and conditions that you are taking exceptions/deviations to. Clearly state if you are adding additions terms and conditions to the general terms and conditions. Provide details on your exceptions/deviations below: Click or tap here to enter text. (Note: Unacceptable exceptions shall remove your proposal from consideration for award. CCOG shall be the sole judge on the acceptance of exceptions/deviations and the decision shall be final.) Page | 44 P ROPOSAL F ORM 18: E QUALIS G ROUP A DMINISTRATION A GREEMENT D ECLARATION Attachment A - Sample Administration Agreement of this solicitation is for reference only. Contracting with Equalis Group and the Winning Supplier will occur after contract award. Execution of the Administration Agreement is required for the Master Agreement to be administered by Equalis Group. Attachment A - Sample Administration Agreement defines i) the roles and responsibilities of both parties relating to marketing and selling the Program to current and prospective Members, and ii) the financial terms between Equalis Group and Winning Supplier. Redlined copies of this agreement should not be submitted with the response. Should a respondent be recommended for award, this agreement will be negotiated and executed between Equalis Group and the respondent. Respondents must select one of the following options for submitting their response. Bidder agrees to all terms and conditions outlined in the Attachment A - Sample Administration Agreement. Bidder wishes to negotiate directly with Equalis Group on terms and conditions outlined in the Sample Administration Agreement. Negotiations will commence after CCOG has completed contract award. Page | 45 P ROPOSAL F ORM 19: M ASTER A GREEMENT S IGNATURE F ORM BIDDERS MUST SUBMIT THIS FORM COMPLETED AND SIGNED WITH THEIR RESPONSE TO BE CONSIDERED FOR AWARD. The undersigned hereby proposes and agrees to furnish Products & Services in strict compliance with the terms, specifications, and conditions contained within this RFP and the Master Agreement at the prices proposed within the submitted proposal unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this proposal in collusion with any other Bidder and that the contents of this proposal as to prices, terms or conditions of said proposal have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal. Company Name Company Name Address Address City/State/Zip City, State, Zip Phone Number Phone Number Email Address Email Address Printed Name Print Name Job Title Job Title Authorized Signature Initial Term of the Master Agreement Contract Effective Date: May 1, 2023 Contract Expiration Date: April 30, 2027 Contract Number: (Note: Contract Number will be applied prior to CCOG and Equalis Group countersigning.) The Cooperative Council of Governments, Inc. Equalis Group, LLC. 6001 Cochran Road, Suite 333 5550 Granite Parkway, Suite 298 Cleveland, Ohio 44139Plano, Texas 75024 By: By: Name:Franklyn A. Corlett Name:Eric Merkle As: CCOG Board President As: EVP, Procurement& Operations Date: Date: Page | 46 REQUEST FOR PROPOSALS: Alternative and Renewable Energy Solutions RFP #: COG-2143 ISSUED BY: The Cooperative Council of Governments On Behalf of Equalis Group ЏЉЉЊ /ƚĭŷƩğƓ wƚğķͲ {ǒźƷĻ ЌЌЌ /ƌĻǝĻƌğƓķͲ hŷźƚ ЍЍЊЌВ DATED: February 10, 2023 SECTION THREE: Part A General Terms and Conditions of Master Agreement 3¤¢³¨® 4§±¤¤Ǿ 0 ±³ ! '¤¤± « 4¤±¬² £ #®£¨³¨®² ®¥ - ²³¤± !¦±¤¤¬¤³ THIS MASTER COOPERATIVE PURCHASINGAGREEMENT (this "MasterAgreement entered into by and between The Cooperative Council of Governments, Inc., the Winning Supplier, And Equalis. Throughout this Master Agreement, CCOG, Winning Supplier, and Equalis are referred to interchangeably as in the singular PartyParties 1.RECITALS A.CCOG is a Council of Governments formed under Chapter 167 of the Ohio Revised Code and serves as a lead agency Lead Public AgencyEqualis Group organization, by publicly procuring Master Agreements for products and services to be made available to Equalis Group MemberMember B.Equalis is the third-party procurement administrator for and duly authorized agent of CCOG, and in that role manages the procurement, contract management, marketing, sales, reporting, and financial activities of, for, and on behalf of CCOG at the direction and with the authorization of the CCOG Board of Directors. C.To the extent that the laws of a state, region, territory, and/or country permit, any public sector entity may join Equalis Group as a Member. The term Public Sector Entities s, but is not limited to, political subdivisions, municipal corporations, counties, townships, villages, school districts, special districts, public institutions of higher education or training, units of government, state/regional/territorial agencies, state/regional/territorial governments, federal/national agencies, federal/national governments, and other entities receiving financial support from tax monies and/or public funds. D.Any organization that is exempt from federal income tax under Section 501(c)(3) of the IRS Code, and any other entity if permitted under the IRS Code and other applicable law, including for-profit companies, may also join Equalis Group as a Member. E.Equalis Group makes its Master Agreements available through groups and associations Association Partners that contract with Equalis for the purpose of providing additional benefits to the members of such Association Partners. F. Master Agreement as Equalis Group Equalis Group Participants G.CCOG issued this Equalis Group Participants for and awarded a contract to Winning Supplier as a lowest responsive and responsible bidder. The products and services made available in this contract are defined by the Products & Services. H.CCOG and Equalis agree to make the Products & Services from Winning Supplier available to Equalis Group Participants and Winning Supplier agrees to provide the same to Equalis Group Participants who Program Participants subject to the terms of this Master Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree to the following terms and conditions: Page | 1 2. TERMS & CONDITIONS 2.1.Personnel & Equipment. The Parties agree that the number and types of any subcontractors, dealers, distributors, personnel, or specialized equipment which may be required to furnish Products & Services to Program Participants will be determined by Winning Supplier. Winning Supplier agrees to engage the number and types of subcontractors, personnel, and/or specialized equipment necessary to furnish the types of Products & Services to all Program Participants throughout the Term of this Master Agreement and any Customer Agreement. 2.2.Supplemental Agreements. Winning Supplier may enter into separate supplemental agreements with an Equalis Group Participant and/or Program Participant to further define the terms and conditions of purchasing Products & Services Customer Agreement. Notwithstanding the foregoing, by ordering products or services under this Master Agreement, all terms and conditions of this Master Agreement will be incorporated into a resulting Customer Agreement unless the Customer Agreement as mutually agreed between Winning Supplier and the Program Participant states otherwise. Any Customer Agreement entered into as a result of this contract is exclusively between the Program Participant and Winning Supplier. Neither CCOG, Equalis Group, its agents, Member and employees shall be made party to any claim for breach of such agreement. 2.3.Pricing a.Not-To-Exceed Pricing. All contract pricing is bƚƷΏƚΏ9ǣĭĻĻķ tƩźĭźƓŭ where Members will receive pricing that does not exceed the per unit pricing provided by the respondent in Attachment B. Winning Supplier may adjust pricing lower if needed, without any approval needed, but cannot exceed the pricing on their contract price list. b.Pricing Adjustments. No price increases are permitted within the first ninety (90) days of this Agreement to make any change in design or any alterations that will increase expense, Equalis Group must be notified immediately. Price increases must be approved by CCOG and no payment for additional materials or services, beyond the amount stipulated in the Agreement, shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. All price changes must be provided to Equalis Group, using the same format as was accepted in the original contract. c.Rates & Charges. The rates, fees, and charges to be charged to and paid by Program Participants for Products & Services are set forth in contract price list. Winning Supplier agrees that there are no other applicable rates, fees, charges, or other monetary incentives for Products & Services 2.4.The Term. This Master Agreement and the Appendices attached hereto will become effective as of effective date identified in the Master Agreement Signature Form Effective Date Master Agreement will remain in effect for four (4) years and will expire on the date identified in the Master Agreement Signature Form Termination Date Page | 2 Initial Term may be renewed for one (1) additional one (1) year period by CCOG Renewal Term this Master Agreement is terminated as set forth herein. By mutual consent of the Parties, the Term of this Master Agreement may be extended beyond the Initial and Renewal Term (the Extended Term. The Initial Term together with all Renewal Terms and Extended Terms exercised are hereinafter Term 2.5.Formation of Contract a.Bidder Contract Documents. CCOG and Equalis Group will review proposed Bidder contract documents. Bidder contract with Bidder unless and until an authorized representative of CCOG and Equalis Group reviews and approves it. b.Entire Agreement. This Master Agreement, including its Recitals, together with all components of the RFP, attachments, appendices, and exhibits hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral or written representations and agreements with regard to the same subject matter. The Parties acknowledge that this Master Agreement has been negotiated and incorporates their collective agreement as to the provisions to be contained herein. Therefore, no presumption will arise giving benefit of interpretation by virtue of authorship of any provision of this Master Agreement, and any final RFP response is hereby incorporated into and made part of this Master Agreement. c.Modification. No release, discharge, abandonment, waiver, alteration, or modification of any of the provisions of this Master Agreement, or any of the Appendices incorporated herein, shall be binding upon any Party unless set forth in a writing signed by authorized representatives of the Parties. d.Assignment. This Master Agreement and the rights and obligations hereunder may not be assignable by any Party hereto without the prior written consent of the other Parties, which consent shall not be unreasonably withheld, conditioned, or delayed, provided, however, that Winning Supplier and Equalis may assign their respective rights and obligations under this Master Agreement without the consent of the other Parties in the event either Winning Supplier or Equalis shall hereafter effect a corporate reorganization, consolidation, merger, merge into, sale to, or a transfer of all or substantially all of its properties or assets to another entity. Subject to the preceding sentence, this Master Agreement will be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns. Any instrument purporting to make an assignment in violation of this section shall be null and void. This Master Agreement may be extended to additional entities affiliated with the Parties upon the mutual agreement of the Parties. No such extension will relieve the extending Party of its rights and obligations under this Master Agreement. Page | 3 e.Order of Precedence. (1)General terms and conditions of Master Agreement (2)Specifications and scope of work, as awarded (3)Attachments and exhibits to the Master Agreement (4)The solicitation and all attachments thereto; and (5)attachments thereto. 2.6.Confidentiality. a.Obligation. The nature and details of the business relationship established by this Master Agreement Disclosing PartyReceiving Party this Master Agreement Information proprietary information, the disclosure, copying, or distribution of which could result in competitive harm to the Disclosing Party. Each Party agrees to maintain the other Parties Information in the strictest confidence and agrees not to disclose, copy, or distribute the other Part Information, whether orally or in writing, directly or indirectly, in whole or in part, , and suppliers with a need to know the Information. The foregoing will not limit a Receiving Party, for purposes of marketing, from informing actual or potential Equalis Group Participants of the existence of a contractual relationship between the Parties. The Parties further agree that they will require that all of their employees, agents, subcontractors, and suppliers abide by the terms of these confidentiality obligations. The confidentiality obligations set forth in this section will continue in effect for the Term of this Master Agreement and for a period of two (2) years after the date this Master Agreement is terminated or expires. b.Exceptions. Nothing herein will apply to any information (a) which is or becomes generally available to the public other than as a result of a disclosure by a Receiving Party or its representatives, (b) which was available on a non-confidential basis prior to its disclosure by the Disclosing Party or its representatives, (c) which becomes available to a Receiving Party on a non-confidential basis from a source other than the Disclosing Party or its representatives, provided that such source is not known to be subject to any prohibition against transmitting the information, (d) which is disclosed pursuant to an order of court; provided that in the event that proprietary information is disclosed or threatened to be disclosed pursuant to this clause (d), the Receiving Party will give the original Disclosing Party prompt, written Notice, as hereinafter defined, of such threatened disclosure and the right to t the original Receiving Party will cooperate reasonably in such defense, or (e) which is subject to a Freedom of Information Act Request or other public records request to which a Party is, or may be, required to respond by applicable law. 2.7.Indemnification. Winning Supplier shall protect, indemnify, and hold harmless both CCOG and Equalis Group, administrators, employees, and agents Indemnified Parties against all claims, damages, losses and expenses Claims arising out of or resulting from the actions of Winning Supplier, Winning Supplier employees or subcontractors in the preparation of the solicitation and the later performance under the contract, including any Customer Agreements with Program Participants Losses. Page | 4 2.8.Winning Supplier Insurance. During the Term of this Master Agreement, and for two (2) years following expiration or termination of this Master Agreement, Winning Supplier, at its own expense, shallmaintain and shallrequire that its agents, subcontractors, andsuppliers engaged in Winning SupplierMaster Agreementmaintain general liability insurance,property insurance, and automobile insurance (at a minimum, in the amount of $1,000,000 per occurrence/$5,000,000 annual aggregate) applicable to any claims, liabilities, damages, costs, or expenses arising out of its performance under this Master Agreement, or any Appendix, and with respect to, or arising out of, Winning SupplierProducts & Services to Program Participants. CCOG, Equalis, and their respective officers, directors, employees, and agents will be named as certificate holders on Winning Supplierrelated insurance policies. All such insurance policies shall incorporate a provision requiring the giving of written Notice to CCOG and Equalis at least thirty (30) days prior to the cancellation, nonrenewal, and/or material modification of any such policies. Winning Supplier shall submit to Equalis within ten (10) calendar days after the Effective Date of this Master Agreement, and prior to furnishing Products & Services to any Program Participants, valid certificates evidencing the effectiveness of the foregoing insurance policies. Winning Supplier shall provide such valid certificates on an annual basis until the terms of this section are no longer applicable. 2.9.Termination Rights. The Parties shall have the termination rights set forth below. a.Insolvency. If a petition in bankruptcy is filed by any Party, or if any Party is adjudicated as bankrupt, or if any Party makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of the insolvency of any Party, then the other Parties, without prejudice to any other right or remedy, may terminate this Master Agreement upon giving at least five (5) business days prior written Notice of such termination. b.Mutual Consent. This Master Agreement, or any Appendix, may be terminated at any time by the mutual written consent of the Parties. c.Breach. In the event that any Party commits a material breach of its obligations under this Master Agreement, except for a payment obligation, the non-breaching Party(ies) may provide written Notice describing the material breach to the breaching Party. The breaching Party will have thirty (30) calendar days to cure such breach or provide acceptable reassurance to the non-breaching Party(ies), or, if the Parties agree that a cure or reassurance is not feasible within thirty calendar (30) days, such period of time for cure or satisfactory reassurance as the Parties may agree in writing. If the breach is not cured within such period or if satisfactory reassurance is not accepted by the non-breaching Party(ies) in such period, then the Party(ies) not in breach may terminate this Master Agreement upon ten (10) business days written Notice at the Addresses for Notices. 2.10.Effects of Termination. Upon termination of this Agreement for any reason, all Customer Agreements entered into with Program Participants shall immediately terminate. Winning Supplier shall immediately cease any sales of Products & Services to any Program Participant under and through the terms of this Master Agreement. Following the date of termination, Winning Supplier shall not be precluded from selling its products and services to individuals, businesses, and entities that were Program Participants when this Master Agreement was in effect either directly or through some other contract vehicle. Following the date of termination, Page | 5 CCOG and Equalis shall not be precluded from transitioning individuals, businesses, and entities that were Program Participants when this Master Agreement was in effect to another agreement or Equalis Group supplier partner. 2.11.Audit of Winning Supplier. CCOG and Equalis, whether directly or through an independent auditor or accounting firm, shall have the right to perform audits, including inspection of books, records, and computer data relevant to Winning SupplierProducts & Services to Program Participants pursuant to this Master Agreement, to ensure that pricing, inventory, quality, process, and business controls are maintained; provided, however, that such inspections and audits will be conducted upon reasonable notice to Winning Supplier and so as not to unreasonably interfere with Winning Supplier. 2.12.Force Majeure. This Master Agreement will be temporarily suspended during any period to the extent that any Party during that period is unable to carry out its obligations under this Master Agreement or the Appendices by reason of an Act of God or the public enemy, act of terrorism, epidemic or pandemic, fire, flood, labor disorder not caused by Winning Supplier, civil commotion, closing of the public highways not caused by Winning Supplier, government interference, government regulations, or any other event or occurrence beyond the reasonable Event of Force Majeure other Party(ies) for a delay in performance nor failure to perform to the extent this Master Agreement or any Appendix is so temporarily suspended; provided that nothing contained herein shall apply to payment obligations with respect to obligations which have already been performed under this Master Agreement. If the provision of Products & Services are impeded due to an Event of Force Majeure, then Winning Supplier may apportion the provision of Products & Services among its present and future customers on a fair and reasonable basis after consulting with Equalis and the Program Participants potentially affected and in a manner that would not reasonably be expected to disproportionately affect Program Participants. 2.13.Notices. All notices, claims, certificates, requests, demands, and other communications required Notice will be deemed given to the Addresses for Notices (a) when delivered personally to the recipient, (b) upon delivery by reputable overnight courier service (charges prepaid), or (c) upon delivery or refusal of delivery by certified or registered mail, return receipt requested, and addressed to the intended recipient. The Parties agree that the day-to-day business communications, including notification of a change of address, pricing updates, or revisions to any Appendix, may be made via electronic communication. a.Addresses for Notices. Written notices for the Winning Supplier will be sent to the remittance address provided the Winning Suppliers proposal. i. If to CCOG: ii. If to EQUALIS: The Cooperative Council of Equalis Group, LLC. Governments, Inc. Attn: Eric Merkle, SVP Attn: Board President 5550 Granite Parkway, 6001 Cochran Road, Suite 333 Suite 298 Page | 6 Cleveland, Ohio 44139 Plano, Texas 75024 Facsimile: 440.337.0002 2.14.Waiver. Other than the rights and obligations with respect to payment provided by this Master Agreement, waiver by any Party(ies) of or the failure of any Party(ies) hereto to enforce at any time its rights with regard to any breach or failure to comply with any provision of this Master Agreement by the other Party(ies) may not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other future breach of or failure to comply with the same provision or any other provision of this Master Agreement. 2.15.Governing Law; Invalidity. This Master Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Ohio without regard to rules of conflict of laws. If any provision of this Master Agreement is declared unlawful or unenforceable by judicial determination or performance, then the remainder of this Master Agreement shall continue in force as if the invalidated provision did not exist. Any suits filed by any Party pursuant to this Master Agreement shall be brought in a court of competent jurisdiction located in Cuyahoga County, Ohio. In the event any Party initiates a suit and that suit is adjudicated by a fees and costs from the non-prevailing Party in addition to any other relief to which the court determines the prevailing Party is entitled or awarded. 2.16.No Third-Party Beneficiaries; Survival of Representations. This Master Agreement is made solely for the benefit of the Parties to it, and no other persons will acquire or have any right under or by virtue of this Master Agreement. Except as otherwise provided herein, all representations, warranties, covenants, and agreements of the Parties shall remain in full force and effect regardless of any termination of this Master Agreement, in whole or in part. 2.17.Execution in Counterparts. This Master Agreement may be executed in one or more counterparts, each of which will be deemed an original. For purposes of this Master Agreement, a facsimile, scanned, or electronic signature will be deemed an original signature. 2.18.Nondiscrimination & Intimidation. a.Winning Supplier expressly agrees that in the hiring of employees for the performance of work or services under this Master Agreement or any subcontract that takes place in the State of Ohio, Winning Supplier, its subcontractors, or any person acting on a Winning Supplier creed, sex, disability as defined in Section 4112.01 of the Ohio Revised Code nor shall it discriminate against any citizen of the State of Ohio in the employment of labor or workers who are qualified and available to perform the Work to which the employment relates. b.Winning Supplier expressly agrees that Winning Supplier, any of its subcontractors, or any person on behalf of Winning Supplier or its subcontractors in any manner shall not discriminate against or intimidate any employee hired for the performance of work or services under this Master Agreement on account of race, creed, sex, disability as defined in Section 4112.01 of the Ohio Revised Code, or color. Page | 7 c.Winning Supplier expressly agrees to include principally similar provisions of this section in each of its written subcontractor agreements for the Products & Servicessubject to this Master Agreement. (The rest of this page is intentionally left blank) Page | 8 !³³ ¢§¬¤³ !%°´ «¨² '±®´¯Sample!£¬¨¨²³± ³¨® !¦±¤¤¬¤³ THIS ADMINISTRATION AGREEMENT (this "Agreement"), effective as of May 1, 2025 Effective Date into by and between Winning Supplier, a Statecorporation with its principal place of business at street address, City, State Zip Winning Supplier business at 5550 Granite Parkway, Suite 298, Plano, Texas 75 Equalis PartyParties SECTION 1.RECITALS A.CCOG serves as a lead Lead Public AgencyEqualis Group master cooperative purchasing agreements for products and services to be made available to Equalis Group members Equalis Group MemberMember B.RFP COG-2143dated February 10, 2023,for contracting on behalf of Equalis Group Members alternative and renewable energy solutionsand awarded a contract to Winning Supplierfor the products and services included in their submitted proposal Products &Services. C.CCOG, Equalis, and Winning Supplier entered into that certain master cooperative purchasing agreement (the Master Agreement contract numbereffective as of the Effective Datesto provide Products & Services to Equalis Group Members. D.Equalis serves as the Contract Administrator of the Master Agreement on behalf of CCOG. E.Equalis actively promotes Master Agreements to current and prospective Equalis Group Members (collectively Prospective Participants to, marketing and sales collateral development, direct mail, web marketing, electronic communications, attendance at events, Winning Supplier sales representative training, and Winning Supplier field sales support (collectively, Equalis ServicesAppendix B. F.Any Prospective Participant who purchases Products & Services from Winning Supplier subject to the Master Program Participant G.Winning Supplier desires to promote and expand its operations and increase the sales of its Products & Services to public sector, private sector, and non-profit organizations through Equalis Group. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree to the following terms and conditions: -1- SECTION 2.BUSINESS TERMS 2.1.Defined Terms.Any capitalized terms contained herein not defined in this Agreement shall have the same meaning as defined in the Master Agreement. 2.2.Appendices. Winning Supplier agrees to provide Products & Services to Program Participants as may be agreed to by the Parties in accordance with the specific terms and conditions set forth in the Master Agreement, this Appendix Appendices (i)Appendix A defines Winning Sup (ii)Appendix B sets forth the roles and responsibilities of the Parties. (iii)Appendix C defines the financial terms between the Parties. 2.3.Terms in Appendices.In all cases where the terms of this Agreement and any Appendices disagree, the terms in the Appendix shall control. 2.4.Publicity & Joint Marketing. (a)Publicity. A Party may only issue press releases or other public announcements with respect to this Agreement with the prior, written consent of the other Party. (b)Joint Marketing / Logo & Name Use.Winning Supplier authorizes Equalis to use Winning ogos as provided by Equalis to Winning Supplier. including correspondence, newsletters, and website material, and joint marketing efforts, including, but not limited to, utilizing the same on correspondence, collateral, agreements, websites, newsletters, or other marketing materials promoting the Products & Services pursuant to the Master Agreement and this Agreement. Notwithstanding the foregoing, the Parties understand and agree that except as provided herein, termination of this Agreement, each Party shall immediately cease use of the oth names, and logos. SECTION 3.TERMS & CONDITIONS 3.1.Express Limitation of Equalis Liability. With respect to any purchases of Products & Services by CCOG or any Program Participant pursuant to the Master Agreement, Equalis shall not be: (i) construed as a dealer, re-marketer, representative, partner, or agent of any type of the Winning Supplier, CCOG, or any Program Participant; (ii) obligated by, liable for, or in any way responsible for any order of Products & Services made by CCOG or any Program Participant or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Products & Services; and (iii) obligated by, liable for, or in any way responsible for any failure by CCOG or any Program Participant to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase Products & Services under the Master Agreement. Equalis makes no representation or guaranty with respect to any minimum purchases by CCOG or any Program Participant, whether individually or collectively, or any employee thereof under this Agreement or the Master Agreement. The terms of this section shall survive the termination of this Agreement. -2- 3.2.Term & Termination. The Term of this Agreement is the same as the Term of the Master Agreement. This Agreement shall only be terminated, and shall be terminated, if and when the Master Agreement is terminated. Upon termination of the Master Agreement for any reason, WinningSupplier shall continue making Administrative Fee and other payments, as set forth in Appendix C of Products & Services through the term of the then current Customer Agreement to the extent that Winning Supplier termination of the Master Agreement. 3.3.Audit of Winning Supplier. Equalis, whether directly or through an independent auditor or accounting firm, shall have the right to perform audits, including inspection of books, records, and computer data relevant to Winning ualis pursuant to the Master Agreement and this Administration Agreement, to ensure that pricing, inventory, quality, process, and business controls are maintained; provided, however, that such inspections and audits will be conducted upon reasonable notic or operations. 3.4.Force Majeure. This Agreement will be temporarily suspended during any period to the extent that either Party during that period is unable to carry out its obligations under this Agreement or the Appendices by reason of an Act of God or the public enemy, act of terrorism, pandemic or epidemic, fire, flood, labor disorder not caused by Winning Supplier, civil commotion, closing of the public highways not caused by Winning Supplier, government interference, government regulations, or any other event or occurrence beyond the reasonable control of the affected Event of Force Majeure a delay in performance nor failure to perform to the extent this Agreement or any Appendix is so temporarily suspended; provided that nothing contained herein shall apply to payment obligations with respect to obligations which have already been performedunder this Agreement. 3.5.Notices. All notices, claims, certificates, requests, demands, and other communications required or permitted Notice delivered personally to the recipient, (b) upon delivery by reputable overnight courier service (charges prepaid), or (c) upon delivery or refusal of delivery by certified or registered mail, return receipt requested, and addressed to the intended recipient. The Parties agree that day-to-day business communications, including notification of a change of address or revisions to any Appendix, may be made via electronic communication, including email. 3.6.Addresses for Notices.This section may be modified at anytime by either Party providing the other Party with written Notice, including via email, of a change of address or addition or deletion to the individuals who will be copied on all Notices. -3- a.If to Winning Supplier:and with copy to: Winning SupplierCompany Name Attn: Name, TitleAttn: Name, Title Street Address 1Street Address 1 Street Address 2Street Address 2 City, State ZipCity, State Zip b.If to EQUALIS: Equalis Group LLC Attn: Eric Merkle, SVP 5550 Granite Parkway, Suite 298 Plano, Texas 75024 3.7.Waiver. Other than the rights and obligations with respect to payment provided by this Agreement, waiver by either Party of or the failure of either Party hereto to enforce at any time its rights with regard to any breach or failure to comply with any provision of this Agreement by the other Party may not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other future breach of or failure to comply with the same provision orany other provision of this Agreement. 3.8.Governing Law; Invalidity. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Ohio without regard to rules of conflict of laws. If any provision of this Agreement is declared unlawful or unenforceable by judicial determination or performance, then the remainder of this Agreement shall continue in force as if the invalidated provision did not exist. Any suits filed by either Party pursuant to this Agreement shall be brought in a court of competent jurisdiction located in Cuyahoga County, Ohio. In the event either Party initiates a suit,and that suit is adjudicated by a court of competent jurisdiction, the prevailing Party shall be entitled to reasonable attorne-prevailing Party in addition to any other relief to which the court determines the prevailing Party is entitled or awarded. 3.9.Modification. No release, discharge, abandonment, waiver, alteration, or modification of any of theprovisions of this Agreement, or any of the Appendices incorporated herein, shall be binding upon either Party unless set forth in a writing signed by authorized representatives of the Parties. 3.10.Assignment. This Agreement and the rights and obligations hereunder may not be assignable by either Party hereto without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed, provided, however, that either Party may assign its respective rights and obligations under this Agreement without the consent of the other Party in the event either Party shall hereafter effect a corporate reorganization, consolidation, merger, merge into, sale to, or a transfer of all or substantially all of its properties or assets to another entity.Subject tothe preceding sentence, this Agreement will be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns. Any instrument purporting to make an assignment in violation of this section shall be null and void. This Agreement may be extended to additional entities affiliated with either Party upon the agreement of the otherParty. No such extension will relieve the extending Party of its rights and obligations under this Agreement. 3.11.No Third-Party Beneficiaries; Survival of Representations. This Agreement is made solely for the benefit of the Parties to it, and no other persons will acquire or have any right under or by virtue of this Agreement. Except as -4- otherwise provided herein, all representations, warranties, covenants, and agreements of the Parties shall remain in full force and effect regardless of any termination of this Agreement, in whole or in part. 3.12.Entire Agreement. The Master Agreement and this Agreement, together with all attachments, appendices, and exhibits hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral or written representations and agreements with regard to the same subject matter. The Parties acknowledge that this Agreement has been negotiated and incorporates their collective agreement as to the provisions to be contained herein. Therefore, no presumption will arise giving benefit of interpretation by virtue of authorship of any provision of this Agreement, and any ambiguity may not be construed for or against any Party. 3.13.Execution in Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original. For purposes of this Agreement, a facsimile, scanned, or electronic signature will be deemed an original signature. 3.14.Titles, Headings & Recitals. The Preamble to this Agreement ishereby incorporated herein and made part of this Agreement.The Recitals stated within this Agreement are deemed to be a part of this Agreement.The titles and headings of the sections and paragraphs of this Agreement are inserted for convenience only andshall not constitute a part hereof or affect in any way the meaning or interpretation of this Agreement. \[SIGNATURE PAGE TO FOLLOW\] -5- IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date. WINNING SUPPLIEREQUALIS GROUP LLC By:By: Name:Name:Eric Merkle As:As:EVP, Procurement& Operations Date:Date: -6- APPENDIX A: WINNING SUPPLIER REPORTING REQUIREMENTS This Appendixmay be modified at any time with the mutual written consent of the Parties, including via email. Winning Supplier shall electronically provide Equalis with a detailed line-itemmonthly report showing the dollar volume of all member Products & Services sales under the contract for the previous month. Reports shall be sent via th e-mail to Equalis offices at Reporting@EqualisGroup.org. Reports are dueon the fifteenth (15)day after the end of the previous month. It is the responsibility of Winning Supplier to collect and compile all sales under the Master Agreement from Program Participants and submit one (1) monthly report. Fields below marked as *required indicate a required field. All other fields are preferred, but not required: Equalis Member ID Vendor Customer Number *required (or Equalis Member ID) Customer Name *required Customer Street Address *required Customer City *required Customer Zip Code *required Customer State *required Distributor Name Distributor ID Distributor Street Address Distributor City Distributor Zip Code Distributor State Product Category level 1 Product Category level 2 ΛŷĻƩĻ ğǝğźƌğĬƌĻ ƚƩ ğƦƦƌźĭğĬƌĻΜ Product Category level 3 ΛŷĻƩĻ ğǝğźƌğĬƌĻ ƚƩ ğƦƦƌźĭğĬƌĻΜ Distributor Product Number Manufacturer Product Number Product Description Product Brand Name Product packaging Unit of Measure level 1 Product packaging Unit of Measure level 2 Product packaging Unit of Measure level 3 Purchase Unit of Measure Purchase Quantity Distributor Landed Cost Total $ (without deviations) Distributor Landed Cost Total $ (with mfr deviations) Customer Purchase Total $ *required Admin Fee % *required Admin Fee $ *required -7- APPENDIX B: ROLES & RESPONSIBILITIES This Appendix defines the roles and responsibilities of Equalis and Winning Supplier under this Agreement. This Appendix may be modified at any time with the mutual written consent of the Parties, including via email. 1.Equalis Services. 1.1.Winning Supplier Sales Representative Training. Equalis will develop, as appropriate and subject to Winning Supplier approval, various sales training materials, sales tools, and marketing collateral to promote the Master lis, as appropriate, will i) conduct periodic sales trainings with Winning Supplier sales representatives assigned to sell Products & Services, ii) provide sales representatives with marketing collateral and sales tools to utilize with sales prospects, with particular focus on the procurement process that led to the establishment of the Master Agreement, the legal ability for sales prospects in any state to purchase Products & Services through the Master Agreement without having to conduct their own bid or RFP process, and the key differentiators in the design of this program with Winning Supplier, and iii) attend at least one Winning Supplier company-wide sales and/or leadership meeting per year. 1.2.Sales Support. Equalis will engage in Winning Supplier salesefforts as agreed by the Parties through participating in i) individual sales calls, ii) joint sales calls, iii) communications and customer service, iv) discussions and communication with sales prospects during the sales process to address questions relating to the procurement process, legal authority to purchase through the Master Agreement, and program design, v) general contract administration. 1.3.Marketing and general collateral materials. Equalis and Winning Supplier will jointly develop and approve marketing materials to promote Products & Services, such as website content, brochures and collateral, talking points, press releases, and correspondence. Equalis will market the Products & Services to Prospective Participants eting efforts may consist of Services specifically and/or as part of a package of selected Master Agreements to targeted Prospective Participants, and iii) attending trade shows, conferences, and meetings. 2.Winning Supplier Roles & Responsibilities. As a condition to Winning Supplier entering into the Master Agreement, which is available to all Public Sector Entities, Winning Supplier must make certain representations, warranties, and covenants to Equalis designed to ensure the success of the Master Agreement for all Prospective Participants, sales prospects, and Winning Supplier. 2.1.Equalis Group Membership Agreement. Winning Supplier will make available the Equalis Group Master Intergovernmental Cooperative Purchasing Agreement (whether in hard copy, electronically, or via www.EqualisGroup.org) and requestany Prospective Participants subject to the Master Agreement who have Customer Agreements and/or beginning to purchase Products & Services from WinningSupplier to ensure -8- that Winning Supplier and each Program Participant are in full compliance with applicable state procurement statutes. 2.2.Corporate Commitment. Winning Supplier commits that i) the Master Agreement has received all necessary corporate auth will be promoted to Public Sector Entities, and iii) Winning Supplier will identify an executive corporate sponsor and a separate national account manager that willbe responsible for the overall management of the Master Agreement and this Agreement. 2.3.Sales Commitment. Winning Supplier commits to market the Master Agreement as a market strategy in the public sector and that its sales force will be trained, engaged, and committed to offering the Master Agreement to Public Sector Entities through Equalis Group in the geographies defined in the Master Agreement. Winning Supplier commits that all sales under the Master Agreement will be accurately and timely reported to Equalis. Winning Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Program Participants under the Master Agreement in a consistent or better manner compared to sales to Public Sector Entities if WinningSupplier were not awarded the Master Agreement. Winning Supplier will make available to interested Prospective Participants such price lists or quotes as may be necessary for such Prospective Participants to evaluate potential purchases of Products & Services under the Master Agreement. 2.4.Marketing Commitment. As mutually agreeable, Winning Supplier commits to work with Equalis to develop Plan The Plan may include, but is not limited to, the following: 2.4.1.Issuing co-branded press release 2.4.2.Publishing Master Agreement details and contact information on both Equalis Group and Winning 2.4.3.Scheduling and holding training on the Master Agreement for the sales teams of both Equalis Group and Winning Supplier 2.4.4.Jointly participatingin national and regional conferences 2.4.5.Jointly attending national and regional Equalis Group Member networking events 2.4.6.Designing, publishing, and distributing co-branded marketing materials 2.4.7.Engaging in ongoing marketing and promotion of the Master Agreement for the entire Term of the Master Agreement (e.g., developing and presenting case studies, collateral pieces, and presentations) -9- APPENDIX C: FINANCIAL TERMS This Appendix may be modified at any time with the mutual written consent of the Parties. 1.Administrative Fee. th On or before the fifteenth (15) of each month, Winning Supplier shall remit to Equalis an administrative fee payment Administrative Fee written numberpercent (number Equalis Group SpendSpend cumulative purchases of Products & Services by Program Participants under the Master Agreement net of taxes, shipping costs, returns, and credits. All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one-and one-half percent (1.5%) per month or the maximum rate permitted by law until paid in full. 2.Case-by-Case Administrative Fee Adjustments. The Parties understand and acknowledge that Winning Supplier may have to provide aggressive deviated pricing on a case-by-case basis to win certain opportunities with Prospective Participants when those opportunities represent a sufficiently large Spend and/or are highly competitive. In such situations, Winning Supplier may request Equalis accept a reduced Administrative Fee. The Parties agree to evaluate each such situation as it arises and utilize best efforts to establish an adjusted Administrative Fee rate upon mutual written agreement (including via email) of the Parties. 3.Rebates or Other Payments. Insert rebate or other payment language as agreed. -10- Page 14 Print Date 4/27/2023 Overtime Hours RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Standard Hours Region Means) Price Book (Please indicate the unit price book - Preferred is RS Confidential Page 15 Print Date 4/27/2023 RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Confidential Page 16 Print Date 4/27/2023 RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Confidential Page 17 Print Date 4/27/2023 RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Confidential Page 18 Print Date 4/27/2023 RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Confidential Page 19 Print Date 4/27/2023 RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Confidential Page 20 Print Date 4/27/2023 RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Confidential Page 21 Print Date 4/27/2023 RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Confidential Page 22 Print Date 4/27/2023 RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Confidential Page 23 Print Date 4/27/2023 RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Confidential Page 24 Print Date 4/27/2023 RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Confidential Page 25 Print Date 4/27/2023 RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Confidential Page 26 Print Date 4/27/2023 RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Confidential Page 27 Print Date 4/27/2023 RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Confidential Page 28 Print Date 4/27/2023 RFP - CCOG Alt Energy (Attachment B - Cost Proposal Template) Confidential Uif!Dppqfsbujwf!Dpvodjm!pg!Hpwfsonfout-!Jod/ BUUBDINFOU!C!.!DPTU!QSPQPTBM SGQ$!DPH.3254!gps!Bmufsobujwf!boe!Sfofxbcmf!Fofshz!Tpmvujpot MBCPS!CBTFE!TFSWJDFT!QSJDFCPPL Instructions: Bidder wishing to provide Labor Based Pricing should fill applicable information below. Please refer to Section Two -5.1d for the definitions of the labor classifications below. Part 1 - Provide Standard Labor Rates for applicable labor classifications in the table below. ClassificationHourly Rate Architectural Asbestos Worker Boilermaker Bricklayers; Masons Carpenter /Case worker Carpet Layers/Floor Installers Concrete Finishers Data Comm./Telecom Installer Delivery personnel Drafting Drywall Installers; Ceiling Installers Electricians Elevator Mechanics Engineering Design Energy Engineer Glaziers Heavy Equipment Operators Helper HVAC Commercial A/C Technician HVAC Light Commercial HVAC Helper HVAC Field Supervisor HVAC Refrigeration technician HVAC Duct installer HVAC Filter technician HVAC Building Automation Technician Infrared Technician Insulators Ironworkers Laborers Lathers Light Equipment Operators Metal Building Assembler Millwrights Operating Engineer Painters/Wall Covering Installers Pipefitters Plasterers Plumbers Project Manager Project Administrator Project Engineering Refrigeration Technician Refrigeration Supervisor Roofers Sheet Metal Workers Sprinkler Fitters Terrazzo Workers Test & Balance Technician Tile Setters Water proofers/Caulkers Water Treatment Technician Miscellaneous Materil Margins Labor Coefficient Part 2 - Calculate Overtime Rates Note: All overtime labor rates will be expressed as a percentage increase applied to Bidder's Standard Labor Rates. A. Provide Bidder's Overtime Rate for Afterhours & Saturdays B. Provide Bidder's Overtime Rate for Sundays and Holidays C. Provide any minimum number of hours charged for all overtime work. Part 3 - Per Diem Rates A. Provide the per person/per day per diem rate for situations. B. Provide the per person/per day per diem rate for project located in HI and AK, if applicable. Part 4 - Annual Rate Adjustment Factor Note: The rates provided a Winning Supplier will be adjusted annually based on the information provided in this section. A. Provde the percentage increase on field labor from the previous year. B. Provide material price index change from the previous year. C. Provide office and operating expense changes from the pervious year. ATTACHMENT C:STATE NOTICE Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with Equalis Group and access the Vendor Contract award made pursuant to this solicitation, and hereby given notice of the foregoing Request for Proposal for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama State of HawaiiState of MassachusettsState of New State of South MexicoDakota State of AlaskaState of IdahoState of MichiganState of New YorkState of Tennessee State of ArizonaState of IllinoisState of MinnesotaState of North State of Texas Carolina State of ArkansasState of IndianaState of MississippiState of North State of Utah Dakota State of CaliforniaState of IowaState of MissouriState of OhioState of Vermont State of ColoradoState of KansasState of MontanaState of State of Virginia Oklahoma State of ConnecticutState of KentuckyState of NebraskaState of OregonState of Washington State of DelawareState of LouisianaState of NevadaState of State of West PennsylvaniaVirginia State of FloridaState of MaineState of New HampshireState of Rhode State of Wisconsin Island State of GeorgiaState of MarylandState of New JerseyState of South State of Wyoming Carolina District of Columbia Lists of political subdivisions and local governments in the above referenced states/districts may be found at http://www.usa.gov/Agencies/State_and_Territories.shtmland https://www.usa.gov/local-governments. www.equalisgroup.org -1- CITIES, TOWNS, VILLAGES AND BOROUGHS INCLUDING BUT CITY OF RIDDLE, OR NOT LIMITED TO:CITY OF ROGUE RIVER, OR BAKER CITY GOLF COURSE, ORCITY OF ROSEBURG, OR CITY OF ADAIR VILLAGE, ORCITY OF SALEM, OR CITY OF ASHLAND, ORCITY OF SANDY, OR CITY OF AUMSVILLE, ORCITY OF SCAPPOOSE, OR CITY OF AURORA, ORCITY OF SHADY COVE, OR CITY OF BAKER, ORCITY OF SHERWOOD, OR CITY OF BATON ROUGE, LACITY OF SHREVEPORT, LA CITY OF BEAVERTON, ORCITY OF SILVERTON, OR CITY OF BEND, ORCITY OF SPRINGFIELD, OR CITY OF BOARDMAN, ORCITY OF ST. HELENS, OR CITY OF BONANAZA, ORCITY OF ST. PAUL, OR CITY OF BOSSIER CITY, LACITY OF SULPHUR, LA CITY OF BROOKINGS, ORCITY OF TIGARD, OR CITY OF BURNS, ORCITY OF TROUTDALE, OR CITY OF CANBY, ORCITY OF TUALATIN, OR CITY OF CANYONVILLE, ORCITY OF WALKER, LA CITY OF CLATSKANIE, ORCITY OF WARRENTON, OR CITY OF COBURG, ORCITY OF WEST LINN, OR CITY OF CONDON, ORCITY OF WILSONVILLE, OR CITY OF COQUILLE, ORCITY OF WINSTON, OR CITY OF CORVALLI, ORCITY OF WOODBURN, OR CITY OF CORVALLIS PARKS AND RECREATION DEPT., ORLEAGUE OF OREGON CITES CITY OF COTTAGE GROVE, ORTHE CITY OF HAPPY VALLEY OREGON CITY OF DONALD, ORALPINE, UT CITY OF EUGENE, ORALTA, UT CITY OF FOREST GROVE, ORALTAMONT, UT CITY OF GOLD HILL, ORALTON, UT CITYOF GRANTS PASS, ORAMALGA, UT CITY OF GRESHAM, ORAMERICAN FORK CITY, UT CITY OF HILLSBORO, ORANNABELLA, UT CITY OF INDEPENDENCE, ORANTIMONY, UT CITY AND COUNTY OF HONOLULU, HIAPPLE VALLEY, UT CITY OF KENNER, LAAURORA, UT CITY OF LA GRANDE, ORBALLARD, UT CITY OF LAFAYETTE, LABEAR RIVER CITY, UT CITY OF LAKE CHARLES, ORBEAVER, UT CITY OF LEBANON, ORBICKNELL, UT CITY OF MCMINNVILLE, ORBIG WATER, UT CITY OF MEDFORD, ORBLANDING, UT CITY OF METAIRIE, LABLUFFDALE, UT CITY OF MILL CITY, ORBOULDER, UT CITY OF MILWAUKIE, ORCITY OF BOUNTIFUL, UT CITY OF MONROE, LABRIAN HEAD, UT CITY OF MOSIER, ORBRIGHAM CITY CORPORATION, UT CITY OF NEW ORLEANS, LABRYCE CANYON CITY, UT CITY OF NORTH PLAINS, ORCANNONVILLE, UT CITY OF OREGON CITY, ORCASTLE DALE, UT CITY OF PILOT ROCK, ORCASTLE VALLEY, UT CITY OF PORTLAND, ORCITY OF CEDAR CITY, UT CITY OF POWERS, ORCEDAR FORT, UT CITY OF PRINEVILLE, ORCITY OF CEDAR HILLS, UT CITY OF REDMOND, ORCENTERFIELD, UT CITY OF REEDSPORT, ORCENTERVILLE CITY CORPORATION, UT www.equalisgroup.org -2- CENTRAL VALLEY, UTHENEFER, UT CHARLESTON, UTHENRIEVILLE, UT CIRCLEVILLE, UTHERRIMAN, UT CLARKSTON, UTHIDEOUT, UT CLAWSON, UTHIGHLAND, UT CLEARFIELD, UTHILDALE, UT CLEVELAND, UTHINCKLEY, UT CLINTON CITY CORPORATION, UTHOLDEN, UT COALVILLE, UTHOLLADAY, UT CORINNE, UTHONEYVILLE, UT CORNISH, UTHOOPER, UT COTTONWOOD HEIGHTS, UTHOWELL, UT DANIEL, UTHUNTINGTON, UT DELTA, UTHUNTSVILLE, UT DEWEYVILLE, UTCITY OF HURRICANE, UT DRAPER CITY, UTHYDE PARK, UT DUCHESNE, UTHYRUM, UT EAGLE MOUNTAIN, UTINDEPENDENCE, UT EAST CARBON, UTIVINS, UT ELK RIDGE, UTJOSEPH, UT ELMO, UTJUNCTION, UT ELSINORE, UTKAMAS, UT ELWOOD, UTKANAB, UT EMERY, UTKANARRAVILLE, UT ENOCH, UTKANOSH, UT ENTERPRISE, UTKAYSVILLE, UT EPHRAIM, UTKINGSTON, UT ESCALANTE, UTKOOSHAREM, UT EUREKA, UTLAKETOWN, UT FAIRFIELD, UTLA VERKIN, UT FAIRVIEW, UTLAYTON, UT FARMINGTON, UTLEAMINGTON, UT FARR WEST, UTLEEDS, UT FAYETTE, UTLEHI CITY CORPORATION, UT FERRON, UTLEVAN, UT FIELDING, UTLEWISTON, UT FILLMORE, UTLINDON, UT FOUNTAIN GREEN, UTLOA, UT FRANCIS, UTLOGAN CITY, UT FRUIT HEIGHTS, UTLYMAN, UT GARDEN CITY, UTLYNNDYL, UT GARLAND, UTMANILA, UT GENOLA, UTMANTI, UT GLENDALE, UTMANTUA, UT GLENWOOD, UTMAPLETON, UT GOSHEN, UTMARRIOTT-SLATERVILLE, UT GRANTSVILLE, UTMARYSVALE, UT GREEN RIVER, UTMAYFIELD, UT GUNNISON, UTMEADOW, UT HANKSVILLE, UTMENDON,UT HARRISVILLE, UTMIDVALE CITY INC., UT HATCH, UTMIDWAY, UT HEBER CITY CORPORATION, UTMILFORD, UT HELPER, UTMILLVILLE, UT www.equalisgroup.org -3- MINERSVILLE, UTSALINA, UT MOAB, UTSALT LAKE CITY CORPORATION, UT MONA, UTSANDY, UT MONROE, UTSANTA CLARA, UT CITY OF MONTICELLO, UTSANTAQUIN, UT MORGAN, UTSARATOGA SPRINGS, UT MORONI, UTSCIPIO, UT MOUNT PLEASANT, UTSCOFIELD, UT MURRAY CITY CORPORATION, UTSIGURD, UT MYTON, UTSMITHFIELD, UT NAPLES, UTSNOWVILLE, UT NEPHI, UTCITY OF SOUTH JORDAN, UT NEW HARMONY, UTSOUTH OGDEN, UT NEWTON, UTCITY OF SOUTH SALT LAKE, UT NIBLEY, UTSOUTH WEBER, UT NORTH LOGAN, UTSPANISH FORK, UT NORTH OGDEN, UTSPRING CITY, UT NORTH SALT LAKE CITY, UTSPRINGDALE, UT OAK CITY, UTSPRINGVILLE, UT OAKLEY, UTSTERLING, UT OGDEN CITY CORPORATION, UTSTOCKTON, UT OPHIR, UTSUNNYSIDE, UT ORANGEVILLE, UTSUNSET CITY CORP, UT ORDERVILLE, UTSYRACUSE, UT OREM, UTTABIONA, UT PANGUITCH, UTCITY OF TAYLORSVILLE, UT PARADISE, UTTOOELE CITY CORPORATION, UT PARAGONAH, UTTOQUERVILLE, UT PARK CITY, UTTORREY, UT PAROWAN, UTTREMONTON CITY, UT PAYSON, UTTRENTON, UT PERRY, UTTROPIC, UT PLAIN CITY, UTUINTAH, UT PLEASANT GROVE CITY, UTVERNAL CITY, UT PLEASANT VIEW, UTVERNON, UT PLYMOUTH, UTVINEYARD, UT PORTAGE, UTVIRGIN, UT PRICE, UTWALES, UT PROVIDENCE, UTWALLSBURG, UT PROVO, UTWASHINGTON CITY, UT RANDOLPH, UTWASHINGTON TERRACE, UT REDMOND, UTWELLINGTON, UT RICHFIELD, UTWELLSVILLE, UT RICHMOND, UTWENDOVER, UT RIVERDALE, UTWEST BOUNTIFUL, UT RIVER HEIGHTS, UTWEST HAVEN, UT RIVERTON CITY, UTWEST JORDAN, UT ROCKVILLE, UTWEST POINT, UT ROCKY RIDGE, UTWEST VALLEY CITY, UT ROOSEVELT CITY CORPORATION, UTWILLARD, UT ROY, UTWOODLAND HILLS, UT RUSH VALLEY, UTWOODRUFF, UT CITY OF ST. GEORGE, UTWOODS CROSS, UT SALEM, UT www.equalisgroup.org -4- COUNTIES AND PARISHES INCLUDING BUT NOT LIMITED TO:SAINT CHARLES PARISH, LA ASCENSION PARISH, LASAINT CHARLES PARISH PUBLIC SCHOOLS, LA ASCENSION PARISH, LA, CLEAR OF COURTSAINT LANDRY PARISH, LA CADDO PARISH, LASAINT TAMMANY PARISH, LA CALCASIEU PARISH, LASHERMAN COUNTY, OR TERREBONNE PARISH, LA CITY AND COUNTY OF HONOLULU, HITILLAMOOK COUNTY, OR CLACKAMAS COUNTY, ORTILLAMOOK COUNTY SHERIFF'S OFFICE, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, ORTILLAMOOK COUNTY GENERAL HOSPITAL, OR CLATSOP COUNTY, ORUMATILLA COUNTY, OR COLUMBIA COUNTY, ORUNION COUNTY, OR COOS COUNTY, ORWALLOWA COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, ORWASCO COUNTY, OR COUNTY OF HAWAII, ORWASHINGTON COUNTY, OR CROOK COUNTY, ORWEST BATON ROUGE PARISH, LA CROOK COUNTY ROAD DEPARTMENT, ORWHEELER COUNTY, OR CURRY COUNTY, ORYAMHILL COUNTY, OR DESCHUTES COUNTY, ORCOUNTY OF BOX ELDER, UT DOUGLAS COUNTY, ORCOUNTY OF CACHE, UT EAST BATON ROUGE PARISH, LACOUNTY OF RICH, UT GILLIAM COUNTY, ORCOUNTY OF WEBER, UT GRANT COUNTY, ORCOUNTY OF MORGAN, UT HARNEY COUNTY, ORCOUNTY OF DAVIS, UT HARNEY COUNTY SHERIFFS OFFICE, ORCOUNTY OF SUMMIT, UT HAWAII COUNTY, HICOUNTY OF DAGGETT, UT HOOD RIVER COUNTY, ORCOUNTY OF SALT LAKE, UT JACKSON COUNTY, ORCOUNTY OF TOOELE, UT JEFFERSON COUNTY, ORCOUNTY OF UTAH, UT JEFFERSON PARISH, LACOUNTY OF WASATCH, UT JOSEPHINE COUNTY GOVERNMENT, ORCOUNTY OF DUCHESNE, UT LAFAYETTE CONSOLIDATED GOVERNMENT, LACOUNTY OF UINTAH, UT LAFAYETTE PARISH, LACOUNTY OF CARBON, UT LAFAYETTE PARISH CONVENTION & VISITORS COMMISSIONCOUNTY OF SANPETE, UT LAFOURCHE PARISH, LACOUNTY OF JUAB, UT KAUAI COUNTY, HICOUNTY OF MILLARD, UT KLAMATH COUNTY, ORCOUNTY OF SEVIER, UT LAKE COUNTY, ORCOUNTY OF EMERY, UT LANE COUNTY, ORCOUNTY OF GRAND, UT LINCOLN COUNTY, ORCOUNTY OF BEVER, UT LINN COUNTY, ORCOUNTY OF PIUTE, UT LIVINGSTON PARISH, LACOUNTY OF WAYNE, UT MALHEUR COUNTY, ORCOUNTY OF SAN JUAN, UT MAUI COUNTY, HICOUNTY OF GARFIELD, UT MARION COUNTY, SALEM, ORCOUNTY OF KANE, UT MORROW COUNTY, ORCOUNTY OF IRON, UT MULTNOMAH COUNTY, ORCOUNTY OF WASHINGTON, UT MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OROTHERAGENCIES INCLUDING ASSOCIATIONS, BOARDS, MULTNOMAH COUNTY SHERIFFS OFFICE, ORDISTRICTS, COMMISSIONS, COUNCILS, PUBLIC MULTNOMAH LAW LIBRARY, ORCORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, ORLEANS PARISH, LARESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED PLAQUEMINES PARISH, LATO: POLK COUNTY, ORBANKS FIRE DISTRICT, OR RAPIDES PARISH, LABATON ROUGE WATER COMPANY www.equalisgroup.org -5- BEND METRO PARK AND RECREATION DISTRICTWILLAMETTE HUMANE SOCIETY BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BOARDMAN PARK AND RECREATION DISTRICT CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LAK-12 INCLUDING BUT NOT LIMITED TO: CENTRAL OREGON INTERGOVERNMENTAL COUNCILACADIA PARISH SCHOOL BOARD CITY OF BOGALUSA SCHOOL BOARD, LABEAVERTON SCHOOL DISTRICT CLACKAMAS RIVER WATERBEND-LA PINE SCHOOL DISTRICT CLATSKANIE PEOPLE'S UTILITY DISTRICTBOGALUSA HIGH SCHOOL, LA CLEAN WATER SERVICESBOSSIER PARISH SCHOOL BOARD CONFEDERATED TRIBES OF THE UMATILLA INDIAN BROOKING HARBOR SCHOOL DISTRICT RESERVATIONCADDO PARISH SCHOOL DISTRICT COOS FOREST PROTECTIVE ASSOCIATIONCALCASIEU PARISH SCHOOL DISTRICT CHEHALEM PARK AND RECREATION DISTRICTCANBY SCHOOL DISTRICT DAVID CROCKETT STEAM FIRE COMPANY #1, LACANYONVILLE CHRISTIAN ACADEMY EUGENE WATER AND ELECTRIC BOARDCASCADE SCHOOL DISTRICT HONOLULUINTERNATIONAL AIRPORTCASCADES ACADEMY OF CENTRAL OREGON HOODLAND FIRE DISTRICT #74CENTENNIAL SCHOOL DISTRICT HOUSING AUTHORITY OF PORTLANDCENTRAL CATHOLIC HIGH SCHOOL ILLINOIS VALLEY FIRE DISTRICTCENTRAL POINT SCHOOL DISTRICT NO.6 LAFAYETTE AIRPORT COMMISSION, LACENTRAL SCHOOL DISTRICT 13J LAFOURCHE PARISH HEALTH UNIT DHH-OPH REGION 3COOS BAY SCHOOL DISTRICT NO.9 LOUISIANA PUBLIC SERVICE COMMISSION, LACORVALLIS SCHOOL DISTRICT 509J LOUISIANA WATER WORKSCOUNTY OF YAMHILL SCHOOL DISTRICT 29 MEDFORD WATER COMMISSIONCULVER SCHOOL DISTRICT MELHEUR COUNTY JAIL, ORDALLAS SCHOOL DISTRICT NO.2 METRO REGIONAL GOVERNMENTDAVID DOUGLAS SCHOOL DISTRICT METRO REGIONAL PARKSDAYTON SCHOOL DISTRICT NO.8 METROPOLITAN EXPOSITION RECREATION COMMISSIONDE LA SALLE N CATHOLIC HS METROPOLITAN SERVICE DISTRICT (METRO)DESCHUTES COUNTY SCHOOL DISTRICT NO.6 MULTNOMAH EDUCATION SERVICE DISTRICTDOUGLAS EDUCATIONAL DISTRICT SERVICE NEW ORLEANS REDEVELOPMENT AUTHORITY, LADUFUR SCHOOL DISTRICT NO.29 NORTHEAST OREGON HOUSING AUTHORITY, OREAST BATON ROUGE PARISH SCHOOL DISTRICT PORT OF BRANDON, ORESTACADA SCHOOL DISTRICT NO.10B PORT OF MORGAN CITY, LAFOREST GROVE SCHOOL DISTRICT PORTLAND DEVELOPMENT COMMISSION, ORGEORGE MIDDLE SCHOOL PORTLAND FIRE AND RESCUEGLADSTONE SCHOOL DISTRICT PORTLAND HOUSING CENTER, ORGRANTS PASS SCHOOL DISTRICT 7 OREGON COAST COMMUNITY ACTIONGREATER ALBANY PUBLIC SCHOOL DISTRICT OREGON HOUSING AND COMMUNITY SERVICESGRESHAM BARLOW JOINT SCHOOL DISTRICT OREGON LEGISLATIVE ADMINISTRATIONHEAD START OF LANE COUNTY ROGUE VALLEY SEWER, ORHIGH DESERT EDUCATION SERVICE DISTRICT SAINT LANDRY PARISH TOURIST COMMISSIONHILLSBORO SCHOOL DISTRICT SAINT MARY PARISH REC DISTRICT 2HOOD RIVER COUNTY SCHOOL DISTRICT SAINT MARY PARISH REC DISTRICT 3JACKSON CO SCHOOL DIST NO.9 SAINT TAMMANY FIRE DISTRICT 4, LAJEFFERSON COUNTY SCHOOL DISTRICT 509-J SALEM MASS TRANSIT DISTRICTJEFFERSON PARISH SCHOOL DISTRICT SEWERAGE AND WATER BOARD OF NEW ORLEANS, LAJEFFERSON SCHOOL DISTRICT SOUTH LAFOURCHE LEVEE DISTRICT, LAJUNCTION CITY SCHOOLS, OR TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF KLAMATH COUNTY SCHOOL DISTRICT OREGONKLAMATH FALLS CITY SCHOOLS TUALATIN HILLS PARK & RECREATION DISTRICTLAFAYETTE PARISH SCHOOL DISTRICT TUALATIN VALLEY FIRE & RESCUELAKE OSWEGO SCHOOL DISTRICT 7J TUALATIN VALLEY WATER DISTRICTLANE COUNTY SCHOOL DISTRICT 4J WILLAMALANE PARK AND RECREATION DISTRICTLINCOLN COUNTY SCHOOL DISTRICT www.equalisgroup.org -6- LINN CO. SCHOOL DIST. 95CACADEMY FOR MATH ENGINEERING & SCIENCE (AMES), UT LIVINGSTON PARISH SCHOOL DISTRICTALIANZA ACADEMY, UT LOST RIVER JR/SR HIGH SCHOOLALPINE DISTRICT, UT LOWELL SCHOOL DISTRICT NO.71AMERICAN LEADERSHIP ACADEMY, UT MARION COUNTY SCHOOL DISTRICTAMERICAN PREPARATORY ACADEMY, UT MARION COUNTY SCHOOL DISTRICT 103BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL MARIST HIGH SCHOOL, ORSCIENCES, UT MCMINNVILLE SCHOOL DISTRICT NOAOBEAR RIVER CHARTER SCHOOL, UT MEDFORD SCHOOL DISTRICT 549CBEAVER SCHOOL DISTRICT, UT MITCH CHARTER SCHOOLBEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA), UT MONROE SCHOOL DISTRICT NO.1JBOX ELDER SCHOOL DISTRICT, UT MORROW COUNTY SCHOOL DIST, ORCBA CENTER, UT MULTNOMAH EDUCATION SERVICE DISTRICTCACHE SCHOOL DISTRICT, UT MULTISENSORY LEARNING ACADEMYCANYON RIM ACADEMY, UT MYRTLE PINT SCHOOL DISTRICT 41CANYONS DISTRICT, UT NEAH-KAH-NIE DISTRICT NO.56CARBON SCHOOL DISTRICT, UT NEWBERG PUBLIC SCHOOLSCHANNING HALL, UT NESTUCCA VALLEY SCHOOL DISTRICT NO.101CHARTER SCHOOL LEWIS ACADEMY, UT NOBEL LEARNING COMMUNITIESCITY ACADEMY, UT NORTH BEND SCHOOL DISTRICT 13DAGGETT SCHOOL DISTRICT, UT NORTH CLACKAMAS SCHOOL DISTRICTDAVINCI ACADEMY, UT NORTH DOUGLAS SCHOOL DISTRICTDAVIS DISTRICT, UT NORTH WASCO CITY SCHOOL DISTRICT 21DUAL IMMERSION ACADEMY, UT NORTHWEST REGIONAL EDUCATION SERVICE DISTRICTDUCHESNE SCHOOL DISTRICT, UT ONTARIO MIDDLE SCHOOLEARLY LIGHT ACADEMY AT DAYBREAK, UT OREGON TRAIL SCHOOL DISTRICT NOA6EAST HOLLYWOOD HIGH, UT ORLEANS PARISH SCHOOL DISTRICTEDITH BOWEN LABORATORY SCHOOL, UT PHOENIX-TALENT SCHOOL DISTRICT NOAEMERSON ALCOTT ACADEMY, UT PLEASANT HILL SCHOOL DISTRICTEMERY SCHOOL DISTRICT, UT PORTLAND JEWISH ACADEMYENTHEOS ACADEMY, UT PORTLAND PUBLIC SCHOOLSEXCELSIOR ACADEMY, UT RAPIDES PARISH SCHOOL DISTRICTFASTFORWARD HIGH, UT REDMOND SCHOOL DISTRICTFREEDOM ACADEMY, UT REYNOLDS SCHOOL DISTRICTGARFIELD SCHOOL DISTRICT, UT ROGUE RIVER SCHOOL DISTRICTGATEWAY PREPARATORY ACADEMY, UT ROSEBURG PUBLIC SCHOOLSGEORGE WASHINGTON ACADEMY, UT SCAPPOOSE SCHOOL DISTRICT 1JGOOD FOUNDATION ACADEMY, UT SAINT TAMMANY PARISH SCHOOL BOARD, LAGRAND SCHOOL DISTRICT, UT SEASIDE SCHOOL DISTRICT 10GRANITE DISTRICT, UT SHERWOOD SCHOOL DISTRICT 88JGUADALUPE SCHOOL, UT SILVER FALLS SCHOOL DISTRICT 4JHAWTHORN ACADEMY, UT SOUTH LANE SCHOOL DISTRICT 45J3INTECH COLLEGIATE HIGH SCHOOL, UT SOUTHERN OREGON EDUCATION SERVICE DISTRICTIRON SCHOOL DISTRICT, UT SPRINGFIELD PUBLIC SCHOOLSITINERIS EARLY COLLEGE HIGH, UT SUTHERLIN SCHOOL DISTRICTJOHN HANCOCK CHARTER SCHOOL, UT SWEET HOME SCHOOL DISTRICT NO.55JORDAN DISTRICT, UT TERREBONNE PARISH SCHOOL DISTRICTJUAB SCHOOL DISTRICT, UT THE CATLIN GABEL SCHOOLKANE SCHOOL DISTRICT, UT TIGARD-TUALATIN SCHOOL DISTRICTKARL G MAESER PREPARATORY ACADEMY, UT UMATILLA MORROW ESDLAKEVIEW ACADEMY, UT WEST LINN WILSONVILLE SCHOOL DISTRICTLEGACY PREPARATORY ACADEMY, UT WILLAMETTE EDUCATION SERVICE DISTRICTLIBERTY ACADEMY, UT WOODBURN SCHOOL DISTRICTLINCOLN ACADEMY, UT YONCALLA SCHOOL DISTRICTLOGAN SCHOOL DISTRICT, UT www.equalisgroup.org -7- MARIA MONTESSORI ACADEMY, UTTOOELE SCHOOL DISTRICT, UT MERIT COLLEGE PREPARATORY ACADEMY, UTTUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS, UT MILLARD SCHOOL DISTRICT, UTUINTAH RIVER HIGH, UT MOAB CHARTER SCHOOL, UTUINTAH SCHOOL DISTRICT, UT MONTICELLO ACADEMY, UTUTAH CONNECTIONS ACADEMY, UT MORGAN SCHOOL DISTRICT, UTUTAH COUNTY ACADEMY OF SCIENCE, UT MOUNTAINVILLE ACADEMY, UTUTAHELECTRONIC HIGH SCHOOL, UT MURRAY SCHOOL DISTRICT, UTUTAH SCHOOLS FOR DEAF & BLIND, UT NAVIGATOR POINTE ACADEMY, UTUTAH STATE OFFICE OF EDUCATION, UT NEBO SCHOOL DISTRICT, UTUTAH VIRTUAL ACADEMY, UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES), VENTURE ACADEMY, UT UTVISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND NOAH WEBSTER ACADEMY, UTTECHNOLOGY, UT NORTH DAVIS PREPARATORY ACADEMY, UTWALDEN SCHOOL OF LIBERAL ARTS, UT NORTH SANPETE SCHOOL DISTRICT, UTWASATCH PEAK ACADEMY, UT NORTH STAR ACADEMY, UTWASATCH SCHOOL DISTRICT, UT NORTH SUMMIT SCHOOL DISTRICT, UTWASHINGTON SCHOOL DISTRICT, UT ODYSSEY CHARTER SCHOOL, UTWAYNE SCHOOL DISTRICT, UT OGDEN PREPARATORY ACADEMY, UTWEBER SCHOOL DISTRICT, UT OGDEN SCHOOL DISTRICT, UTWEILENMANN SCHOOL OF DISCOVERY, UT OPEN CLASSROOM, UT OPEN HIGH SCHOOL OF UTAH, UTHIGHER EDUCATIONINCLUDING, BUT NOT LIMITED TO: OQUIRRH MOUNTAIN CHARTER SCHOOL, UTARGOSY UNIVERSITY PARADIGM HIGH SCHOOL, UTBATON ROUGE COMMUNITY COLLEGE, LA PARK CITY SCHOOL DISTRICT, UTBIRTHINGWAY COLLEGE OF MIDWIFERY PINNACLE CANYON ACADEMY, UTBLUE MOUNTAIN COMMUNITY COLLEGE PIUTE SCHOOL DISTRICT, UTBRIGHAM YOUNG UNIVERSITY -HAWAII PROVIDENCE HALL, UTCENTRAL OREGON COMMUNITY COLLEGE PROVO SCHOOL DISTRICT, UTCENTENARY COLLEGE OF LOUISIANA QUAIL RUN PRIMARY SCHOOL, UTCHEMEKETA COMMUNITY COLLEGE QUEST ACADEMY, UTCLACKAMAS COMMUNITY COLLEGE RANCHES ACADEMY, UTCOLLEGE OF THE MARSHALL ISLANDS REAGAN ACADEMY, UTCOLUMBIA GORGE COMMUNITY COLLEGE RENAISSANCE ACADEMY, UTCONCORDIA UNIVERSITY RICH SCHOOL DISTRICT, UTGEORGE FOX UNIVERSITY ROCKWELL CHARTER HIGH SCHOOL, UTKLAMATH COMMUNITY COLLEGE DISTRICT SALT LAKE ARTS ACADEMY, UTLANE COMMUNITY COLLEGE SALT LAKE CENTER FOR SCIENCE EDUCATION, UTLEWIS AND CLARK COLLEGE SALT LAKE SCHOOL DISTRICT, UTLINFIELD COLLEGE SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UTLINN-BENTON COMMUNITY COLLEGE SAN JUAN SCHOOL DISTRICT, UTLOUISIANA COLLEGE, LA SEVIER SCHOOL DISTRICT, UTLOUISIANA STATE UNIVERSITY SOLDIER HOLLOW CHARTER SCHOOL, UTLOUISIANA STATE UNIVERSITY HEALTH SERVICES SOUTH SANPETE SCHOOL DISTRICT, UTMARYLHURST UNIVERSITY SOUTH SUMMIT SCHOOL DISTRICT, UTMT. HOOD COMMUNITY COLLEGE SPECTRUM ACADEMY, UTMULTNOMAH BIBLE COLLEGE SUCCESS ACADEMY, UTNATIONAL COLLEGE OF NATURAL MEDICINE SUCCESS SCHOOL, UTNORTHWEST CHRISTIAN COLLEGE SUMMIT ACADEMY, UTOREGON HEALTH AND SCIENCE UNIVERSITY SUMMIT ACADEMY HIGH SCHOOL, UTOREGON INSTITUTE OF TECHNOLOGY SYRACUSE ARTS ACADEMY, UTOREGON STATE UNIVERSITY THOMAS EDISON -NORTH, UTOREGON UNIVERSITY SYSTEM TIMPANOGOS ACADEMY, UTPACIFIC UNIVERSITY TINTIC SCHOOL DISTRICT, UTPIONEER PACIFIC COLLEGE www.equalisgroup.org -8- PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITYSTATE AGENCIESINCLUDING BUT NOT LIMITED TO: REED COLLEGEADMIN. SERVICES OFFICE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAIIBOARD OF MEDICAL EXAMINERS ROGUE COMMUNITY COLLEGEHAWAII CHILD SUPPORT ENFORCEMENT AGENCY SOUTHEASTERN LOUISIANA UNIVERSITYHAWAII DEPARTMENT OF TRANSPORTATION SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY HAWAII HEALTH SYSTEMS CORPORATION SYSTEM)OFFICE OF MEDICAL ASSISTANCE PROGRAMS SOUTHWESTERN OREGON COMMUNITY COLLEGEOFFICE OF THE STATE TREASURER TULANE UNIVERSITYOREGON BOARD OF ARCHITECTS TILLAMOOK BAY COMMUNITY COLLEGEOREGON CHILD DEVELOPMENT COALITION UMPQUA COMMUNITY COLLEGEOREGON DEPARTMENT OF EDUCATION UNIVERSITY OF HAWAII BOARD OF REGENTSOREGON DEPARTMENT OF FORESTRY UNIVERSITY OF HAWAII-HONOLULU COMMUNITY COLLEGEOREGON DEPT OF TRANSPORTATION UNIVERSITY OF OREGON-GRADUATE SCHOOLOREGON DEPT. OF EDUCATION UNIVERSITY OF PORTLANDOREGON LOTTERY UNIVERSITY OF NEW ORLEANSOREGON OFFICE OF ENERGY WESTERN OREGON UNIVERSITYOREGON STATE BOARD OF NURSING WESTERN STATES CHIROPRACTIC COLLEGEOREGON STATE DEPT OF CORRECTIONS WILLAMETTE UNIVERSITYOREGON STATE POLICE XAVIER UNIVERSITYOREGON TOURISM COMMISSION UTAH SYSTEM OF HIGHER EDUCATION, UTOREGON TRAVEL INFORMATION COUNCIL UNIVERSITY OF UTAH, UTSANTIAM CANYON COMMUNICATION CENTER UTAH STATE UNIVERSITY, UTSEIU LOCAL 503, OPEU WEBER STATE UNIVERSITY, UTSOH-JUDICIARY CONTRACTS AND PURCH SOUTHERN UTAH UNIVERSITY, UTSTATE DEPARTMENT OF DEFENSE, STATE OF HAWAII SNOW COLLEGE, UTSTATE OF HAWAII DIXIE STATE COLLEGE, UTSTATE OF HAWAII, DEPT. OF EDUCATION COLLEGE OF EASTERN UTAH, UTSTATE OF LOUISIANA UTAH VALLEY UNIVERSITY, UTSTATE OF LOUISIANA DEPT. OF EDUCATION TH SALT LAKE COMMUNITY COLLEGE, UTSTATE OF LOUISIANA, 26JUDICIAL DISTRICT ATTORNEY UTAH COLLEGE OF APPLIED TECHNOLOGY, UTSTATE OF UTAH \[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK\] www.equalisgroup.org -9- ADDENDUM #1 REQUEST FOR PROPOSALS: Alternative and Renewable Energy Solutions RFP #: COG-2143 ISSUED BY: The Cooperative Council of Governments On Behalf of Equalis Group DATED: February 15, 2023 This Addendum #1 amends the Request for Proposal (RFP) for Alternative and Renewable Energy Solutions Addendum #1. To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. This Addendum #1 is hereby issued to make the following changes: 1.The deadline for proposal submission will be extended to March 20, 2023, at 3 PM Eastern. 2.The public opening of proposals will be held at the same time as the deadline for proposal submission. - 1 - ADDENDUM #2riding mower REQUEST FOR PROPOSALS: Alternative and Renewable Energy Solutions RFP #: COG-2143 ISSUED BY: The Cooperative Council of Governments On Behalf of Equalis Group DATED: February 20, 2023 This Addendum #2 amends the Request for Proposal (RFP) for Alternative and Renewable Energy Solutions Addendum #2. To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. This Addendum #2 is hereby issued to make the following changes: 1.The Q&A Period has been extended and will now close on March 13, 2023, at 5 PM Eastern. 2.Q&A Responses will now be distributed on March 14, 2023. - 1 - ADDENDUM #3 REQUEST FOR PROPOSALS: Alternative and Renewable Energy Solutions RFP #: COG-2143 ISSUED BY: The Cooperative Council of Governments On Behalf of Equalis Group DATED: March 10, 2023 This Addendum #3 amends the Request for Proposal (RFP) for Alternative and Renewable Energy Solutions Addendum #3. To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. This Addendum #3 is hereby issued to make the following changes: 1.The deadline for proposal submission will be extended to March 23, 2023, at 3 PM Eastern. 2.The public opening of proposals will be held at the same time as the deadline for proposal submission. Meeting information, including the registration link to the public opening event has been updated. - 1 - ADDENDUM #4 REQUEST FOR PROPOSALS: Alternative and Renewable Energy Solutions RFP #: COG-2143 ISSUED BY: The Cooperative Council of Governments On Behalf of Equalis Group DATED: March 16, 2023 This Addendum #4 amends the Request for Proposal (RFP) for Alternative and Renewable Energy Solutions Addendum #4. To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail. This Addendum #4 is hereby issued to incorporate the Q&A Summary, as provided below, into the RFP documentation. Question 1a Looking to see if possible of extending the bid due date, appreciate the consideration Answer 1a The proposal due date has already been extended by 10 days to March 23, 2023 at 3pm Eastern. Are you suggesting an extension in addition to the 10 days. Can you provide a specific date your are requesting for extension of the due date and a reason for the request? Question 1b Limited time between RFI responses and final submission. 5 more days - 1 - Answer 1b CCOG will extend the proposal due date to until Thursday March 23rd, 2023 at 3pm ET. Question 2 Would an additional extension of two weeks be considered for this opportunity? Answer 2 The proposal due date has already been extended by 10 days to March 23, 2023 at 3pm Eastern. Are you suggesting an extension in addition to the 10 days. Can you provide a specific date your are requesting for extension of the due date? Question 3 Are offsite solar PPA/vPPAs a viable option? Answer 3 If that is a service or capability that would allow for members to meet their sustainability goals then yes. Question 4 Does the scope include financing services, eg onsite solar PPAs? Answer 4 If that is a service or capability that would allow for members to meet their sustainability goals then yes. Question 5 How do you price commodities in an otherwise volatile market? Answer 5 Rather than basing your pricing off of known, stable price list or index, consider using a pricing methodology that describes the means by which pricing will be developed or calculated to provide transparency to your clients and our members. - 2 - City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Rick Labinsky, P.E., City Engineer DATE: October 22, 2024 RE: Request to Approve an Agreement with Equalis Group/Advanced Green Technologies for the Design and Construction of solar panels at the Government Center RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach desires to install solar panels over portions of the ground floor parking and on levels 3 and 4 of the parking garage to provide for solar power for the Government Center operations while also providing covered parking spaces. The proposed cost from Equalis Group/Advanced Green Technologies is $1,044,276.02. Pursuant to § 62-13 of the city's Purchasing Code, Purchases made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a corporation not for profit whose members are governmental entities, provided that such cooperative purchasing arrangements or consortiums provide for a competitive process to select a vendor. The Cooperative agency known as Equalis, issued RFP #COG -2143 for Alternative and Renewable Energy Solutions on February 10, 2023 and subsequently entered into Contract #COG -2143A with Advanced Green Technologies (AGT). Equalis Group is a Public Sector purchasing cooperative. Equalis delivers compliant, publicly procured cooperative agreements that Public Sector entities can utilize to: i) quickly acquire the products and Item Number: 9.1 186 services they need; ii) receive better pricing through the collective buying power of Equalis Group Members; and, iii) save time through Equalis Group's legal and compliant alternative to conducting their own resource -consuming solicitation process. This RFP and contract award process is a solutions -based solicitation; meaning that CCOG is seeking solutions that meet the general requirements of the scope ofthis RFP and that are commonly desired or are required by law or industry standards. Scope of the RFP was to seek proposals for alternative and renewable energy solutions to support the implementation of sustainable energy generation, usage, and storage. Products, services, and solutions within the scope of this RFP will support the adoption of sustainable energy alternatives through consulting, assessment, study, development, implementation, and installation of equipment related to our Members' sustainability goals and objectives. Examples of different types of alternative or renewable energy may include, but is not limited to: • Geothermal • Solar • Wind • Hydropower • Ocean or Tidal energy • Combined Heat and Power • Bioenergy • Biomass Members of Equalis Co-operative includes, City of Aventura, City of Hollywood, City of Miami Beach, Miami Dade County and many more. ADDITIONAL INFORMATION: Copies of the complete contract are one file with the Office of the City Clerk. FUNDING SOURCE: Funds of $1,000,000 have been appropriated in account no. 300-5-5390-465000-30003 and an additional $50,000 will be appropriated in a budget amendment on the October agenda. ATTACHMENTS: Resolution Agreement Item Number: 9.1 187