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HomeMy WebLinkAboutC2021-015 - Shade Structures dba USA Shade & Fabric Structures Contract No. 2021-015 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHADE STRUCTURES,INC.DBA USA SHADE & FABRIC STRUCTURES THIS COOPERATIVE PURCHASING AGREEMENT(this"Agreement")is entered into as of September 9, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Shade Structures, Inc. dba USA Shade & Fabric Structures, a Delaware Corporation(the"Contractor"). RECITALS A. After a competitive procurement process, Mohave Educational Services Cooperative, Inc. ("Mohave") entered into Contract No. 16D-SSI-0401, dated April 1, 2016, as amended(collectively,the"Mohave Contract")for the Contractor to provide pre-engineered fabric shade structures. A copy of the Mohave Contract is incorporated herein by reference,to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the Mohave Contract, at its discretion and with the agreement of the awarded Contractor,and the Mohave Contract permits its cooperative use byotherpublic entities,including P the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the Mohave Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with the purchase and installation of pre-engineered fabric shade structures (the"Materials and Services"), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until September 8, 2021, (the "Initial Term") provided that the term of the Mohave Contract has not expired or has been extended, or unless terminated as otherwise provided in this Agreement or the Mohave Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms(the "Renewal Term") if: (i) it is deemed in the best interests of the Town, subject to availability and 1 appropriation of funds for renewal in each subsequent year, (ii) the term of the Mohave Contract has not expired or has been extended,(iii)at least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and(iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the Mohave Contract),as evidenced by the Town Manager's signature thereon,which approval may be withheld by the Town for any reason. The Contractor's failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the "Term."Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Materials and Services under the terms and conditions of the Mohave Contract.The Town does not guarantee that any minimum or maximum number of purchases will be made pursuant to this Agreement.Purchases will only be made when the Town identifies a need and proper authorization and documentation have been approved.For purchase(s)determined by the Town to be appropriate for this Agreement, the Contractor shall provide the Materials and Services to the Town in such quantities and configurations agreed upon between the parties, in a written invoice, quote, work order or other form of written agreement describing the work to be completed (each, a "Work Order"). Each Work Order approved and accepted by the parties pursuant to this Agreement shall (i) contain a reference to this Agreement and the Mohave Contract and (ii) be attached hereto as Exhibit A and incorporated herein by reference. Work Orders submitted without referencing this Agreement and the Mohave Contract will be subject to rejection. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the Mohave Contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a non-conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i)waive the non-conformance; (ii) stop the work immediately; or (iii) bring the Materials or Services into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor for the Term and for each an aggregate amount not to exceed $49,999 for the Materials and Services at the rates that shall be agreed upon by the parties. 4. Payments.The Town shall pay the Contractor monthly,based upon acceptance and 2 delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall(i)contain a reference to this Agreement and the Mohave Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered,time expended, and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the Mohave Contract will be subject to rejection and may be returned. 5. Records and Audit Rights.To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor's and its subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation of the Contractor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section,Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended,the Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401,the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIz. REV. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Israel. Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIz. REV. STAT. § 35-393, of Israel. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ.REV.STAT. § 38-511. 9. Applicable Law;Venue.This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County,Arizona. 10. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town's then current fiscal year. The Town's obligations 3 under this Agreement are current expenses subject to the "budget law" and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement.The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement,any Town-approved work orders,the Mohave Contract,and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above,unauthorized exceptions,conditions,limitations or provisions in conflict with the terms of this Agreement or the Mohave Contract(collectively,the"Unauthorized Conditions"),other than the Town's project-specific requirements,are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Mohave Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges.To the extent provided under the Mohave Contract,the Town shall be afforded all of the rights and privileges afforded to Mohave and shall be "Mohave" (as defined in the Mohave Contract) for the purposes of the portions of the Mohave Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to Mohave to the extent provided under the Mohave Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor's obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof(the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings)to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 4 14. Notices and Requests.Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail,registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service,to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills,Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman PLLC 4711 E. Falcon Drive, Suite 111 Mesa,Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Shade Structures, Inc. dba USA Shade&Fabric Structures 2452 W Birchwood Cir, Suite 112 Mesa, Arizona 85202 Attn: John Saunders or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES APPEAR ON FOLLOWING PAGES] 5 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation 4.1 Grady E. Mill , wn Manager ott:).4.0.....„ ATTEST: 4],e/i____-- lizabe . urke,Town Cler APPROVED AS TO FORM: 4c4...e0-if.,42 ow, Aaron D.Arnson,Town Attorney (ACKNOWLEDGEMENT) STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) On 7--a3 , 2020, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document,on behalf of the Town of Fountain Hills. ✓t ,: EUZABETH A .BUFUCE �.`: Noir/Pobis-%No ota u ro. = A COUNTY 4,�r0' nrbn*663647 ExpbeaAugust 15.2022 (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 6 "Contractor" Shade Structures, Inc. dba USA Shade &Fabric Structures, a Delaware corporation, By: �.,�, cJciz..-�..1.r\ Name: 1Jovia c.A.NyteAckr Its: V ic.e. Presi&A.* (ACKNOWLEDGEMENT) STATE OF -Tt�a, 1 ) , , r ) ss. COUNTY OF Pal I WI 1 ) On SW— ►'vr �6 ►, 2020, before me personally appeared 26VI&c�f i d ,the N t'(, IWoe. of Shade Structures, Inc. dba USA Shade & Fabric Structures, a Delaware corpor Lion, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the limited liability company. +°t %; KAREN P0RT4L0 0 Notary ID g132583364 I y Commission Expires ) Not ry ublic j M July 23, 2024 (Affix notary seal here) 4821-3446-8505,v.2 7 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHADE STRUCTURES, INC. DBA USA SHADE&FABRIC STRUCTURES. [Mohave Contract] See following pages llil‘A I MOHAVE COOPERATIVE 16D-SSI-0401 Shade Structures, Inc. dba USA Shade & Fabric Structures Award, Extension, and Amendment Documents 16D-SSI-0401 Award Letter 2 16D-SSI-0401 Offer and Acceptance Form 5 16D-0304 Signed Award Recommendation 6 16D-0304 Evaluator Agreements 9 16D-SSI-0401 Federal and State Excluded Parties Documents 12 16D-SSI-0401 Contract Extension Documents 14 16D-SSI-0401 Contract Amendments 28 Click section title to be taken directly to that section. 4/5/18 EH 625 East Beale Street, Kingman,AZ 86401 Phone:(928)753-6945 Fax:(928)718-3232 mesc.org • MOHAVE. ARIZONA COOPERATIVE PURCHASING NOTIFICATION OF AWARD LETTER March 28, 2016 Sent this day via email to rcox@usa-shade.com John Saunders, President Shade Structures, Inc. dba USA Shade & Fabric Structures 8505 Chancellor Row Dallas, TX 75247 Congratulations, Shade Structures, Inc. dba USA Shade & Fabric Structures' response has been awarded a contract under IFB 16D-0304. Attached is a copy of the contract signature page. Important notes and action items regarding the award are listed on the following pages. Some action items contain important deadlines noted in bold font. Be sure to meet the requests and/or requirements on or before the deadlines noted. Your organization is bound by the terms of this contract; only items specifically requested in this solicitation and awarded in your response to this solicitation will be authorized/allowed. Advise your Mohave customers to make purchase orders out to Shade Structures, Inc. In the event you receive a purchase order from a member that does not contain the "MESC REVIEWED" stamp, it should be faxed to (928-718- 3232), or emailed (orders@mesc.orq) to Mohave for review. Do not perform any work or provide any products until you receive a"MESC Reviewed" purchase order. We highly recommend having your staff review our vendor information pages at (http://www.mesc.org/resources- brochures) to learn more about working with Mohave. Especially helpful is the Vendor Handbook. The procurement file for IFB 16D-0304 shall be made available for public inspection on March 31, 2016. Please check all the entries on the contract record attached. You may make additions or revisions to the description (40 words or less), contact persons, etc. Email back any changes as soon as possible to mike@mesc.org. Your contract number is 16D-SSI-0401 and will take effect on April 1, 2016. If you have any questions regarding your new contract, please call me at (928) 718-3203. We look forward to working with you and your company in the future. Michael R. Nentwig Contract Specialist I Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org NOTES ON AWARD FOR: Shade Structures, Inc. • Please remind the member of their responsibility to independently verify that quotations and purchase orders comply with the terms of the award of a contract or procurement. This responsibility is set by rule and statute, and cannot be changed by Mohave. Members can go to (service.mesc.org/PVF/plist.php) to assist in meeting this due diligence responsibility. • Financial information included under Tab 2 of your response will be kept confidential. • All products must be priced using contract pricing approved by Mohave. • All quotes shall include your contract #16D-SSI-0401. • Send requests for pricing updates to Mike Nentwig — mike@mesc.org. • Do not provide any goods/services until you receive a Mohave reviewed purchase order. • Quick payment discounts must be approved by Mohave before being offered to members, and must be available equally. • Order cycle overview: 1. Member forwards purchase orders to Mohave. Vendor is Shade Structures, Inc. 2. Mohave reviews and emails member order with"MESC Reviewed'stamp, to Shade Structures, Inc. 3. Shade Structures, Inc. provides product/services. 4. Shade Structures, Inc. invoices member. 5. Member pays Shade Structures, Inc. 6. Shade Structures, Inc. sends Usage and Reconciliation Report to Mohave. 7. Shade Structures, Inc. remits administration fee monthly, based on invoices paid. 8. Mohave audits selected purchases. REQUIREMENTS/ACTION ITEMS FOR THE AWARD: • You agreed to provide a Reconciliation Report detailing activity under the contract, and payment for Mohave administration fees for invoices paid in the previous month. Your report is due on the 10th of each month. Mohave's Audit Specialist will contact you and provide you with a sample report, based on reports provided under contract 15N-SSI-0105. • If no invoices were paid under the contract in the previous month, you may send an email to adminreport@mesc.orq advising of no sales to report for the month. • Because you have an existing Mohave contract, we want to address how to properly report invoices on your monthly reconciliation reports because it may be necessary to submit two separate reports until all old contract purchases are closed: o Line item purchase orders that remain open under 15N-SSI-0105 should be reported on 15N-SSI-0105 reconciliation reports. o Blanket purchase order invoices with a ship date prior to, or on March 31, 2016 should be reported on the 15N-SSI-0105 reconciliation reports. o New purchase orders issued under the 16D-SSI-0401 contract should be reported under 16D-SSI-0401 reconciliation reports. o Blanket purchase order invoices with a ship date after March 31, 2016 should be reported on the 16D- SSI-0401 reconciliation reports. • Administration fee payments should be mailed to: Mohave Educational Services 625 E. Beale St. Kingman, AZ 86401 • In order to assist members with new contract award notices, Mohave will be releasing your contract award information to the members prior to April 1, 2016. Information regarding your contract award will be posted to our website and will be made available in our product vendor finder. Pricing from your awarded contract will also be made available to our members. All of this information will be accessible by our members before April 1, 2016. You may provide quotes to members for this contract. However, it will be your responsibility to inform members the contract is not effective until April 1, 2016, and members should not be processing purchase orders until that date. Acting on purchase orders (delivering products or services) prior to April 1, 2016 is a violation of the contract. Please ensure that your staff is aware of the effective date April 1, 2016, in order to avoid contract confusion. Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86101 • 928-753-6945 • www.mesc.org NOTES ON AWARD FOR: Shade Structures, Inc. • All future pricing updates must be electronic. Updates on the original Excel workbooks are preferred. Similar formats in Word or PDF are acceptable. • We feature marketing information about your current contract in the product vendor finder on our website. Please visit our website (www.mesc.org) and go to the "All Products/Vendors" under the "Contracts & Solicitations" menu. Find your company from the list and click on your name. Once on your company information, review the "About Vendor" section of the "Overview." Confirm in writing if that information is still accurate, or if changes need to be made. Mohave reserves the right to edit information for content or length. Email this information to mike@mesc.org no later than March 31, 2016. Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org Bid and Acceptance Form (Place after Tab la) IFB 16D-0304 Pre-engineered Fabric Shade Structures To Mohave Educational Services Cooperative,Inc.: The undersigned hereby certifies understanding and compliance with the requirements in all terms, conditions, specifications and amendments. Bidder further agrees to furnish materials and/or services in compliance with all terms, conditions, specifications and amendments in the solicitation and any written exceptions in the bid. Federal Employer Identification Number 46-3899811 Company Name Shade Structures,Inc dba USA Shade&Fabric Structures Address 8505 Chancellor Row City Dallas State TX Zip 75247 Telephone Number 214-905-9500 - The Bid and Acceptance Form should be submitted with a signature of the person authorized to sign the bid. The person signing the bid shall nit• er s inter" ations, or other modifications in bid. Failure to sign the Bid and Acceptance Form, to e oth no lions as indicated, may result in rejection of bid. Authorized Signature Printed Name John Saunders Title President Primary Email rcox@usa-shade.com Alternate email vmarquez®usa-shade.com Note: The primary email address will be used for all communication from Mohave regarding your response to this solicitation. Provide an alternate email address that will be used only if the primary email address is not valid. The contract vendor shall not commence any billable work or provide any material or service under this contract unless and until contract vendor receives a purchase order with Mohave's review noted. Acceptance of Bid and Contract Award (Mohave Only) Il Your Bid is Hereby Accepted: As an awarded contract vendor, you are now bound to sell the materials and/or services offered to and accepted by Mohave in accordance with the solicitation, including all terms, conditions, specifications, amendments and any accepted written exceptions. �I �(� This contract shall be referred to as Contract Number lD Awarded this (C day of M_Ci �h 2016. This contract shall be effective this 1 day of_ Y �. I 2016. �� C. Julia E. Tribbett, Executive Director Mohave Educational Services Cooperative, Inc. _ IFB 16D-0304 2 a MOHAVE ARIZONA COOPERATIVE PURCHASING Date: March 28, 2016 To: Julia E. Tribbett, Executive Director Through: Mark DiBlasi, CPPB, Contracts Manager From: Mike Nentwig, Contract Specialist I Subject: Award Recommendation for IFB 16D-0304, Pre-engineered Fabric Shade Structures On March 4, 2016 Mohave received seven responses to IFB 16D-0304. In accordance with the procurement rules and the solicitation, the basis of award was lowest responsive and responsible bidder(s). Market basket pricing, as well as a comparison of portions of the price list, was used to develop a ranking from lowest to highest price for the bids determined to be responsive and responsible. The market basket pricing was built from the submitted pricing for all bidders. Play It Safe Playgrounds and Park Equipment, Inc., Shade 'N Net of Arizona, Inc., Shade Structures, Inc. and Ultimate Shade Alternatives were determined to be the lowest bidders using the individual, as well as and grand totals for five market baskets. Play It Safe Playgrounds and Park Equipment, Inc., Shade 'N Net of Arizona, Inc., Shade Structures, Inc. and Ultimate Shade Alternatives were determined to be responsive and responsible. They provided the following required information: • Bid security of$100,000 • Evidence of required licenses • Evidence of required bonding capacity • Provided the majority of the products and services requested in solicitation • Demonstrated necessary experience • Demonstrated ability to adequately service members statewide for all products and services offered The evaluation committee determined a single award is not advantageous to Mohave's members. The solicitation authorized multiple awards to meet the needs of Mohave's large number of various types of members located throughout Arizona. This is a statewide contract aimed at providing new fabric shade structures and the repair of existing fabric shade structures. No single offer demonstrated the ability to effectively, and efficiently meet all our members' needs for pre-engineered fabric shade structure projects. Award is recommended to the least number of bidders determined necessary to meet the members' requirements. The decision was based upon considerations for the large number of members, diverse types of members, location of members throughout Arizona and members'past usage of similar contracts. The criteria for selecting bidders for multiple contracts is based upon considerations for members' experience with existing fabric shade products and systems, brand continuity for parts replacement and future expansion, contract vendor's ability to provide for our large, diverse membership, minimum bonding capacity of$150,000, geographic area(s) served, Mohave's past experience with contracts for similar product/services, and/or other relevant criteria. MSC 3/5/15 Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org IFB 16D-0304 Award Recommendation Awards are recommended to the responsible and responsive bidders with the lowest cost, based upon the market basket referenced above. Market basket pricing from the responsible and responsive bidders follows: Market Basket Grand Totals Shade'N Net of Arizona, Inc. $49,697.99 Ultimate Shade Alternatives, Inc. dba Desert-Sails, LLC $49,703.26 Shade Structures Inc. dba USA Shade & Fabric Structure $50,051.00 Safe and Sound Playgrounds $52,089.67 Play It Safe Playground and Park Equipment, Inc. $52,133.35 Dave Bang Associates, Inc. $55,959.75 Exerplay, Inc. $74,827.97 Bidder Market Market Market Market Market Basket 1 Basket 2 Basket 3 Basket 4 Basket 5 Dave Bang Associates, $7,842.75 $15,804.00 $1,110.00 $29,808.00 $1,395.00 Inc. Exerplay, Inc. $10,787.89 $26,624.44 $3,263.42 $32,272.22 $1,880.00 Play It Safe Playgrounds $13,623.35 $13,532.00 $1,700.00 $22,388.00 $890.00 and Park Equipment, Inc. Safe and Sound $7,911.37 $17,780.77 $924.00 $23,705.53 $1,768.00 Playgrounds Shade'IV Net of Arizona, $7,566.37 $16,976.77 $860.00 $22,599.85 $1,695.00 Inc. Shade Structures, Inc. $11,078.00 $14,337.00 $2,105.00 $20,946.00 $1,585.00 dba USSA Shade &Fabric Structures Ultimate Shade $7,898.88 $13,778.77 $1,523.36 $24,952.25 $1,550.00 Alternatives, Inc. dba Desert-Sails, LLC Details for the recommended awards are as follows: • Shade'N Net of Arizona was the overall lowest bidder in the market basket grand total comparison. Shade'N Net of Arizona is a manufacturer. They offered the best pricing for their brand with a bonding capacity of $150,000 single and $350,000 aggregate. • Ultimate Shade Alternatives, Inc. dba Desert-Sails, LLC was the second lowest overall bidder in the market basket grand total comparison. They were the second lowest bidder in market basket 2 and third lowest bidder in market baskets 1 and 5. They provided the best pricing for 5 of 17 and second best of an additional 5 of 17 replacement parts, specifically posts and rafters. Ultimate Shade Alternatives, Inc. dba Desert-Sails, LLC is a manufacturer. They offered the best pricing for their brand with a bonding capacity of $350,000 single and aggregate. • Shade Structures, Inc. was the third lowest overall bidder in the market basket grand total comparison. Shade Structures, Inc. is a manufacturer and they offered the best pricing for their brand, USA Shade. They provided better pricing for 14 of 37 shade structures compared in the installed pre-configured shaped structures portion of the price workbook. Shade Structures, Inc. offered seven additional shade structure designs not offered by any other bidder. They have a bonding capacity of$1,000,000 single and $6,000,000 aggregate. • Play It Safe Playgrounds and Park Equipment, Inc. was the lowest bidder in market basket 2 and market basket 5 and also provided the overall best pricing in 30 of 47 shade structures compared in the installed pre-configured shaped structures portion of the price workbook. They also provided the overall best pricing for 11 of 17 replacements parts and second best for the remaining 6. They are not a manufacturer but represent the Superior Shade brand. Their current bonding capacity is $400,000 single and aggregate. Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org IFB 16D-0304 Award Recommendation • Dave Bang Associates, Inc. was the second lowest bidder in market basket 1 and market basket 5. They also were third lowest bidder for market basket 3. They provided the second best pricing for 4 of the 17 replacement parts, specifically shade fabric. They are not a manufacturer but represent the Custom Canopies brand. They have a bonding capacity of$500,000 single and $1,000,000 aggregate. None of the bidders recommended for award are on the United States General Services Administration's Excluded Parties List, or on the Arizona Department of Administration Excluded Parties List. The current contracts under IFB 15N-1009 expire on March 31, 2016. It is recommended the awards under IFB 15S-0205 take effect on April 1, 2016. It is the recommendation of the evaluation committee that contracts be awarded to Play It Safe Playgrounds and Park Equipment, Inc., Shade'N Net of Arizona, Inc., Shade Structures, Inc. and Ultimate Shade Alternatives for Pre-engineered Fabric Shade Structures. Not recommended for award (Below the cutoff for least number of vendors determined necessary to meet the members'requirements.) Safe and Sound Playgrounds Inspections Inc. dba Safe and Sound Playgrounds Safe and Sound Playgrounds was the fourth lowest overall bidder in the market basket comparison. They were the second lowest bidder in the market basket comparison offering the Shade 'N Net product line. There were no apparent price advantages to substantiate award of an additional bid providing Shade N' Net products, beyond the award of Shade N'Net of Arizona (The number one overall lowest bidder in the market basket comparison.) Exerplay, Inc. Exerplay, Inc. was the seventh lowest overall bidder, offering Landscape Structures brands. In all but one, their market basket pricing was the highest. There were no apparent price advantages to substantiate award, beyond those recommended for award. Approval of the #16D-0304 award as recommended: 7fr/bArZ Signature: Date: 3/28/16 Mark DiBlasi, CPPB Contracts Manager Signature: Date: 3/28/16 Julia E. Tribbett Executive Director Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org MOHAVE IFB 16D-0304 EVALUATOR AGREEMENT NAME /exicy Aieresen TITLE Biqa'_EMPLOYER C;/ DP / 4II&d_ PHONE ARS' 7?i- /r�9oo ADDRESS M7/ 0. 117o/troe o , Poo A '5g. 1S Statement of Understanding I agree to evaluate the responses to the solicitation according to its terms. I understand that Mohave will consider my evaluation along with evaluations by other professionals. However, I also agree that Mohave is under no obligation to accept my evaluation, except as advisory. I also understand that Mohave will hold my employer and/or me harmless if any vendor or Interested party protests any award or lack of award made by Mohave under the terms of this solicitation. If any conflict or potential of conflict of Interest exists, I will disclose the conflict to Mohave. I also agree not to discuss my evaluation or any of the evaluation process prior to the announcement of an award, as required by Arizona law(per ARS §41-2616, C). Please read the following statements duplicated from the IFB prior to evaluation: Basis of award: Award(s) will be made to the responsive and responsible bidders) whose bid(s) is (are) determined in writing to be the low responsive and responsible bid or bids. Mohave reserves the right to use model projects/market baskets to determine the low ranking of bids. It is Mohave's Intent to award a complete line of products, when possible and advantageous. Responsible bidder: A responsible bidder Is a firm or person with the capability to perform the contract requirements and the Integrity and reliability which will assure good faith performance. Mohave must determine a bidder to be responsible before awarding a contract to bidder. Responsive bids: A responsive bid reasonably and substantially conforms to all material requirements of the solicitation. Bids must be responsive to receive award consideration. Mohave reserves the right to waive minor informalities. NOTE: Mohave may publicly thank members of the evaluation committee who are not employed by Mohave on our website. Your signature below indicates understanding that we may publicly recognize your help with the evaluation process. If you do not wish to be thanked in this manner, please indicate that below. Please check one of the following: X- I have no conflict of Interest. I have attached a statement of potential conflict of Interest. 644,144-641--) Date // //Signature Signature by Mohave: e IFB 16D-0304 Mohave Evaluator A.reement MSC,i2I,s u • • • 1 1 i S • ► u \ ATITin NAME 40Jc.. b1 ,l (4s , ' TITLE pi". EMPLOYER A'tts:s c PHONE ADDRESS Statement of Understanding I agree to evaluate the responses to the solicitation according to its terms. I understand that Mohave will consider my evaluation along with evaluations by other professionals. However, I also agree that Mohave is under no obligation to accept my evaluation, except as advisory. I also understand that Mohave will hold my employer and/or me harmless if any vendor or interested party protests any award or lack of award made by Mohave under the terms of this solicitation. If any conflict or potential of conflict of interest exists, I will disclose the conflict to Mohave. I also agree not to discuss my evaluation or any of the evaluation process prior to the announcement of an award, as required by Arizona law(per ARS §41-2616, C). Please read the following statements duplicated from the IFS prior to evaluation: Basis of award: Award(s) will be made to the responsive and responsible bidder(s) whose bid(s) is (are) determined In writing to be the low responsive and responsible bid or bids. Mohave reserves the right to use model projects/market baskets to determine the low ranking of bids. It is Mohave's intent to award a complete line of products,when possible and advantageous. Responsible bidder: A responsible bidder is a firm or person with the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance. Mohave must determine a bidder to be responsible before awarding a contract to bidder. Responsive bids: A responsive bid reasonably and substantially conforms to all material requirements of the solicitation. Bids must be responsive to receive award consideration. Mohave reserves the right to waive minor informalities. NOTE: Mohave may publicly thank members of the evaluation committee who are not employed by Mohave on our website. Your signature below indicates understanding that we may publicly recognize your help with the evaluation process. If you do not wish to be thanked in this manner, please indicate that below. Please check oge of the following: —I have no conflict of interest. I have attached a statement of potential conflict of interest. 471e Signature Date 414 Signature by Mohave: ► IFB 16D-0304 Mohave Evaluator A s reement MSC J2t/1s • &NAME 1 Q QCI �� TITLE CtilcA \t Chic \ ► � 1 rkII EMPLOYER PHONE � 6 r • SQV ADDRESS lllc 5 e . -Y2C2AQ b1 1 n m c\ Cr . 8(0(40 Statement of Understanding I agree to evaluate the responses to the solicitation according to its terms. I understand that Mohave will consider my evaluation along with evaluations by other professionals. However, I also agree that Mohave is under no obligation to accept my evaluation, except as advisory. I also understand that Mohave will hold my employer and/or me harmless if any vendor or interested party protests any award or lack of award made by Mohave under the terms of this solicitation. If any conflict or potential of conflict of interest exists, I will disclose the conflict to Mohave. I also agree not to discuss my evaluation or any of the evaluation process prior to the announcement of an award, as required by Arizona law (per ARS § 41-2616, C). Please read the following statements duplicated from the IFB prior to evaluation: Basis of award: Award(s) will be made to the responsive and responsible bidder(s) whose bid(s) is (are) determined in writing to be the low responsive and responsible bid or bids. Mohave reserves the right to use model projects/market baskets to determine the low ranking of bids. It is Mohave's intent to award a complete line of products, when possible and advantageous. Responsible bidder: A responsible bidder is a firm or person with the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance. Mohave must determine a bidder to be responsible before awarding a contract to bidder. Responsive bids: A responsive bid reasonably and substantially conforms to all material requirements of the solicitation. Bids must be responsive to receive award consideration. Mohave reserves the right to waive minor informalities. NOTE: Mohave may publicly thank members of the evaluation committee who are not employed by Mohave on our website. Your signature below indicates understanding that we may publicly recognize your help with the evaluation process. If you do not wish to be thanked in this manner, please indicate that below. Please check one of the following: y I have no conflict of interest. I have attached a statement of potential conflict of interest. Signature Olf:(21----C) Date '3i I I CO Signature by Mohave: IFB 16D-0304 Mohave Evaluator A•reement MSC J2/Z/15 SAM Search Results List of records matching your search for : Search Term : Shade* Structures* Record Status: Active ENTITY Shade Structures, Inc. Status:Active DUNS: 141840186 +4: CAGE Code: 4HG41 DoDAAC: Expiration Date: Dec 10, 2016 Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 8505 Chancellor Row City: Dallas State/Province: TEXAS ZIP Code: 75247-5519 Country: UNITED STATES March 22,2016 1:54 PM Page 1 of 1 m D OA-S P 0 �I���� SEARCH IJl PR) urc>= t.t()Bee "" `• #tz1 ONA 3IATE. PROXII.E.MLN1 *' ABOUT PUBLIC NOTICES RESOURCES PROCUREAZ VENDOR RESOURCES PROCUREMENT REFORM COMPLIANCE HOTLINE ProcureAZ for Vendors State Procurement Activities Procurement Opportunities SPO ALSO PROVIDES A NUMBER OF IN ACCORDANCE WITH ARS 41-153.NOTICE PROCUREAZ-STATEWIDE.MULTI-AGENCY RESOURCES SPECIFICALLY FOR VENDORS OF SIGNIFICANT PROCUREMENT ROLE AND AGENCY SOLICITATION NOTICES ASSOCIATED WITH THE USE OF THE... ACTIVITIES CURRENTLY.. POSTED WITHIN THE STATE'S... aREAD MORE 0 READ I;"=CJI;E_._.____.�.______...� .---_ 0 READ MORE T � .n .raa f r b V, Suspended and Debarred Firms Resources Procurement Resource Library Procurement RegC i o^s F Standard Procedure, State Procurement Resource Library Forms and Documents Suspended aria Debarred Firms ( Agency Procurement Authority Professional Services Compliance Suspended and Debarred Firms SPO is responsible for maintaining a list of firms that are suspended or debarred from doing ProcureAZ Help Desk Support business with the State of Arizona. There are No Suspended or Debarred firms at this time. 602-542.7600 ProcureAZ Phone Support•Monday thru Friday 8:00am to 5:00pm. Voicemail is available at other times. Please feel free to email the help desk and specify the issue in the subject area. gel tVat-- procure@azdoa.gov 4 Arizona's eProcurement System and Vendor Registration Plvculre.A .gov Compliance Hotline Procurement il‘A MOHAVE COOPERATIVE 6 D ..... ssi ... 0401 Contract Extensions 625 East Beale Street, Kingman,AZ 86401 Phone:(928)753-6945 Fax:(928)718-3232 mesc.org 2/19/2020 NIH AV E Ad. COOPERATIVE Modification of Contract (Contract Extension) (Page 1of3) Rhonda Cox Shade Structures, Inc. dba USA Shade & Fabric Structures 2452 W. Birchwood Circle, Suite 112 Mesa, AZ 85202 RE: Contract # 16D-SSI-0401 modification of contract through an extension of contract is made by, and between, Shade Structures, Inc. dba USA Shade & Fabric Structures and Mohave Educational Services Cooperative (Mohave). In accordance with its terms and conditions, Mohave requests to extend contract 16D-SSI-0401 for a period of one (1) year, beginning 4/1/2020. The extension shall be under the same terms and conditions contained therein. Provide your agreement to extend by completing the appropriate information below and on the following pages. If the contract is extended, Shade Structures, Inc. dba USA Shade & Fabric Structures agrees to provide products or prices as per 16D-0304. By signing this Modification of Contract, you hereby certify to the best of your knowledge and belief that your firm complies with Byrd Anti-Lobbying Amendment 31 U.S. Code § 1352, 2 CFR § 200.450 and Federal Acquisition Regulation 52.203-11 We agree to modify anpil xtend the contract as specified above, abiding by the current terms and conditions, and any att ch d rifiic ions. Signature Title President 9 J Typed/Printed Name John Saunders Date 3/12/2020 Upon your signed, executed Modification of Contract through a Contract Extension, you shall be bound to sell the materials and/or services offered to and accepted by Mohave in accordance with the solicitation, including all terms, conditions, specifications, amendments and any accepted written exceptions. 441 Y) • 6. - 4f Nancy Colbaugh, CPPB Contracts Manager Mohave Educational Services Cooperative, Inc. 625 East Beale Street I Kingman, AZ 86401 Phone 928-718-3228 I Fax 928-718-3232 If all pages of this notice are not received at Mohave's Kingman office on, or before, 4/1/2020, orders shall be held without processing. Email or fax completed extension to contracts©mesc.orq or 928-718-3232. To terminate the contract effective 4/1/2020, email or fax a notice of your request to cancel the contract to contracts@mesc.org or 928-718-3232. You agree to complete any authorized work or orders received prior to that date. Renewals not received within 14 days following 4/1/2020 may result in cancellation of the contract. However, any authorized orders received prior to this date, shall be completed under this contracts terms and conditions. Modification of Contract (Page 2 of 3) (Contract Extension) Requested Pricing Modifications We list your contract as utilizing Fixed. Please confirm the following regarding pricing under your contract: Our contract utilized firm-fixed pricing. We agree to hold the current prices until the next contract renewal date of 4/1/2021. Our contract utilized percentage off MSRP/Retail pricing. The current price lists/catalogs are still applicable. X We are requesting a price modification. A price list/catalog will be submitted by 3/12/2020 . (Insert Date) Remember that your firm cannot quote any new products contained in pricing submitted with your contract extension until it has been reviewed and a Contract Modification through a pricing update/product addition has been issued. Current contract pricing will remain in effect until this process is complete. Please verify that the following information is correct and accurate: POs Attn: Order Desk Remit to: Shade Structures, Inc. dba USA Shade & Fabric Structures Shade Structures, Inc. dba USA Shade & Fabric Structures Accounts Receivable 2452 W. Birchwood Circle, Suite 112 PO Box 3467 Mesa, AZ 85202 Coppell„ TX 75019 Member Contact: Rhonda Cox Contract Administrator: Rhonda Cox Phone Number: 480-446-0066 Fax Number: 480-446-8679 Vendor Logo Currently, we have the following logo on file for use on our website in our product/vendor finder: USASHADE & Fabric Structures, If you wish to revise or update the logo we have on file, keep the following requirements in mind: • What file types are acceptable?Vector point files are highly recommended (such as .ai or .eps files). If you don't have access to a vector point file, a large hi-resolution (approximately 150-300 dpi) PEG, TIFF, BITMAP, GIF or PNG file will work. Having a file with a high dpi will help keep images looking sharp if we need to resize the logo. • What file size is recommended?There is no limitation to the logo file size. Modification of Contract (Page 3 of 3) (Contract Extension) Vendor Benefits Description Currently, we have the following information on our website detailing the benefits of your contract for our members to view: Very few products can help save lives, add color and vibrancy to the local landscape and be fun all at the same time. Yet, at Shade Structures, this is exactly what our products do! Over the years, our growth, experience and capabilities as a company have firmly established us as the proven leaders in the shade structure industry. Perhaps most important though is our commitment to the shade business, which we take personally, for it is people that we are most concerned about. Our slogan is "Screen the Sun, Keep the Fun" Our products do exactly that! If you wish to revise or update the vendors benefits information we have on file, keep the following requirements in mind: •The description should be 150-200 words that explain the benefits that your company can provide to our members through your Mohave contract. •The description should give a brief overview for members who may be accessing information about your contract from our product vendor finder on Mohave's website. •Please note that Mohave reserves the right to revise or modify the information provided either for content or length. Email or fax request for information revisions or additional information to contracts@mesc.org or 928-718-3232. If you have any questions, contact your Contract Specialist either via email at mike@mesc.org or phone 928-718-3203. SAM Search Results List of records matching your search for : Search Term : SHADE STRUCTURES INC* Record Status: Active ENTITY Shade Structures, Inc. Status: Active DUNS: 141840186 +4: CAGE Code: 4HG41 DoDAAC: Expiration Date: 12/05/2020 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 2580 Esters Blvd 100 City: DFW Airport State/Province: TEXAS ZIP Code: 75261 Country: UNITED STATES March 13,2020 6:24 PM https://www.sam.gov Page 1 of 1 2/12/2019 ® MOH AV E ' COOPERATIVE Modification of Contract (Contract Extension) (Page 1 of 3) Rhonda Cox Shade Structures, Inc. dba USA Shade & Fabric Structures 2452 W. Birchwood Circle, Suite 112 Mesa, AZ 85202 RE: Contract # 16D-SSI-0401 modification of contract through an extension of contract is made by, and between, Shade Structures, Inc. dba USA Shade & Fabric Structures and Mohave Educational Services Cooperative (Mohave). In accordance with its terms and conditions, Mohave requests to extend contract 16D-SSI-0401 for a period of one (1) year, beginning 4/1/2019. The extension shall be under the same terms and conditions contained therein. Provide your agreement to extend by completing the appropriate information below and on the following pages. If the contract is extended, Shade Structures, Inc. dba USA Shade & Fabric Structures agrees to provide products or prices as per 16D-0304. By signing this Modification of Contract, you hereby certify to the best of your knowledge and belief that your firm complies with Byrd Anti-Lobbying Amendment 31 U.S. Code § 1552, CFR § 200.450 and Federal Acquisition Regulation 52.203-11 We agree to modify xt nffthe contract as specified above, abiding by the current terms and conditions, and any a h d larific s. }, Signature `f Title PI A £. f Typed/Printed Name � G 1�� �1 1���� 11 e'r-S Date l Upon your signed, executed Modification of Contract through a Contract Extension, you shall be bound to sell the materials and/or services offered to and accepted by Mohave in accordance with the solicitation, including all terms, conditions, specifications, amendments and any accepted written exceptions. 64-41/1211 6AICAA, Nancy Colbaugh, CPPB Contracts Manager Mohave Educational Services Cooperative, Inc. 625 East Beale Street I Kingman, AZ 86401 Phone 928-718-3228 I Fax 928-718-3232 If all pages of this notice are not received at Mohave's Kingman office on, or before, 4/1/2019, orders shall be held without processing. Email or fax completed extension to contracts©mesc.org or 928-718-3232. To terminate the contract effective 4/1/2019, email or fax a notice of your request to cancel the contract to contracts@mesc.org or 928-718-3232. You agree to complete any authorized work or orders received prior to that date. Renewals not received within 14 days following 4/1/2019 may result in cancellation of the contract. However, any authorized orders received prior to this date, shall be completed under this contracts terms and conditions. Modification of Contract (Page 2 of 3) (Contract Extension) Requested Pricing Modifications We list your contract as utilizing Fixed. Please confirm the following regarding pricing under your contract: Our contract utilized firm-fixed pricing. We agree to hold the current prices until the next contract renewal date of 4/1/2020. Our contract utilized percentage off MSRP/Retail pricing. The current price lists/catalogs are still v,applicable. i We are requesting a price modification. A price list/catalog will be submitted by I 1 CI . (Insert Date) Remember that your firm cannot quote any new products contained in pricing submitted with your contract extension until it has been reviewed and a Contract Modification through a pricing update/product addition has been issued. Current contract pricing will remain in effect until this process is complete. Please verify that the following information is correct and accurate: POs Attn: Order Desk Remit to: Shade Structures, Inc. dba USA Shade & Fabric Structures Shade Structures, Inc. dba USA Shade & Fabric Structures Accounts Receivable 2452 W. Birchwood Circle, Suite 112 PO Box 204691 Mesa, AZ 85202 Dallas, TX 75320-469 Member Contact: Rhonda Cox Contract Administrator: Rhonda Cox Phone Number: 480-446-0066 Fax Number: 480-446-8679 Vendor Logo Currently, we have the following logo on file for use on our website in our product/vendor finder: USASHADE 8 Fabric Structures, If you wish to revise or update the logo we have on file, keep the following requirements in mind: • What file types are acceptable?Vector point files are highly recommended (such as .ai or .eps files). If you don't have access to a vector point file, a large hi-resolution (approximately 150-300 dpi)PEG, TIFF, BITMAP, GIF or PNG file will work. Having a file with a high dpi will help keep images looking sharp if we need to resize the logo. • What file size is recommended?There is no limitation to the logo file size. Modification of Contract (Page 3 of 3) (Contract Extension) Vendor Benefits Description Currently, we have the following information on our website detailing the benefits of your contract for our members to view: Very few products can help save lives, add color and vibrancy to the local landscape and be fun all at the same time. Yet, at Shade Structures, this is exactly what our products do! Over the years, our growth, experience and capabilities as a company have firmly established us as the proven leaders in the shade structure industry. Perhaps most important though is our commitment to the shade business, which we take personally, for it is people that we are most concerned about. Our slogan is "Screen the Sun, Keep the Fun" Our products do exactly that! If you wish to revise or update the vendors benefits information we have on file, keep the following requirements in mind: •The description should be 150-200 words that explain the benefits that your company can provide to our members through your Mohave contract. •The description should give a brief overview for members who may be accessing information about your contract from our product vendor finder on Mohave's website. •Please note that Mohave reserves the right to revise or modify the information provided either for content or length. Email or fax request for information revisions or additional information to contracts@mesc.org or 928-718-3232. If you have any questions, contact your Contract Specialist either via email at mike@mesc.org or phone 928.718-3203. 2/13/2018 Extension of Contract (Page 1 of 3) ARIZONA COOPERATIVE PURCHASING Rhonda Cox Shade Structures, Inc. dba USA Shade & Fabric Structures 2452 W. Birchwood Circle, Suite 112 Mesa, AZ 85202 RE: Contract # 16D-SSI-0401 Extension of contract Agreement made by, and between, Shade Structures, Inc. dba USA Shade & Fabric Structures and Mohave Educational Services Cooperative (Mohave). In accordance with its terms and conditions, Mohave desires to extend contract 16D-SSI-0401 for a period of one (1) year, beginning 4/1/2018. The extension shall be under the same terms and conditions contained therein. Please indicate your desire to extend by completing the appropriate information below and on the following pages. If the contract is extended, Shade Structures, Inc. dba USA Shade & Fabric Structures agrees to provide products or prices as per 15N-1009. We desire to extend the contract as specified above, and agree to abide by the current terms and conditions, and a a tached clarifications. Signature Title r Qii.( VA. ' Typed/Printed Name ctA4LP S Date 021140 2_o ? Please verify that the following information is correct and accurate: POs Attn: Order Desk Remit to: Shade Structures, Inc. dba USA Shade & Fabric Structures Shade Structures, Inc. dba USA Shade & Fabric Structures Accounts Receivable 2452 W. Birchwood Circle, Suite 112 PO Box 204691 Mesa, AZ 85202 Dallas, TX 75320-469 Member Contact: Rhonda Cox Contract Administrator: Rhonda Cox Phone Number: 480-446-0066 Fax Number: 480-446-8679 If both pages of this notice are not received at Mohave's Kingman office on, or before, 4/1/2018, orders shall be held without processing. Email or fax completed extension to contracts@mesc.org or (928) 718-3232. To terminate the contract effective 4/1/2016, email or fax a notice of your request to cancel the contract to contracts @mesc.org or(928) 718-3232. You agree to complete any authorized work or orders received prior to that date. Renewals not received within 14 days following 4/1/2016 shall result in cancellation of the contract. However, any authorized orders received prior to this date, shall be completed under this contracts terms and conditions. Extension of Contract (Page 2 of 3) Pricing Update We list your contract as utilizing Fixed. Please confirm the following regarding pricing under your contract: Our contract utilized firm-fixed pricing. We agree to hold the current prices until the next contract renewal date of 4/1/2019. Our contract utilized percentage off MSRP/Retail pricing. The current price lists/catalogs are still applicable. We are requesting a price adjustment. A price list/catalog will be submitted by . (Insert Date) We will provide new price list(s)/catalog(s) by . (Insert Date) Remember that your firm cannot quote any new products contained in pricing submitted with your contract renewal until it has been reviewed and approved by your Contract Specialist. Current contract pricing will remain in effect until new pricing has been reviewed and approved. Vendor Logo Currently, we have the following logo on file for use on our website in our product/vendor finder: USASHADE & Fabric Structures, If you wish to revise or update the logo we have on file, keep the following requirements in mind: • What file types are acceptable?Vector point files are highly recommended (such as .ai or .eps files). If you don't have access to a vector point file, a large hi-resolution (approximately 150-300 dpi) PEG, TIFF, BITMAP, GIF or PNG file will work. Having a file with a high dpi will help keep images looking sharp if we need to resize the logo. • What file size is recommended?There is no limitation to the logo file size. Vendor Benefits Description Currently, we have the following information on our website detailing the benefits of your contract for our members to view: Extension of Contract (Page 3 of 3) Vendor Benefits Description (continued) Very few products can help save lives, add color and vibrancy to the local landscape and be fun all at the same time. Yet, at Shade Structures, this is exactly what our products do! Over the years, our growth, experience and capabilities as a company have firmly established us as the proven leaders in the shade structure industry. Perhaps most important though is our commitment to the shade business, which we take personally, for it is people that we are most concerned about. Our slogan is "Screen the Sun, Keep the Fun" Our products do exactly that! If you wish to revise or update the vendors benefits information we have on file, keep the following requirements in mind: •The description should be 150-200 words that explain the benefits that your company can provide to our members through your Mohave contract. •The description should give a brief overview for members who may be accessing information about your contract from our product vendor finder on Mohave's website. •Please note that Mohave reserves the right to revise or modify the information provided either for content or length. Email or fax request for information revisions or additional information to contracts@mesc.org or 928-718-3232. If you have any questions, contact your Contract Specialist either via email at mike@mesc.org or phone 928-718-3203. 3/2/2017 16D• Extension of Contract ARIZONA COOPERATIVE PURCHASING (Page 1 of 3) Rhonda Cox Shade Structures,Inc. dba USA Shade&Fabric Structures 2452 W. Birchwood Circle, Suite 112 Mesa,AZ 85202 RE: Contract # 16D-SSI-0401 Extension of contract Agreement made by, and between, Shade Structures, Inc. dba USA Shade & Fabric Structures and Mohave Educational Services Cooperative (Mohave). In accordance with its terms and conditions, Mohave desires to extend contract 16D-SSI-0401 for a period of one(1)year, beginning 4/1/2017.The extension shall be under the same terms and conditions contained therein. Please indicate your desire to extend by completing the appropriate information below and on the following pages. If the contract is extended, Shade Structures, Inc. dba USA Shade & Fabric Structures agrees to provide products or prices as per 15N-1009. We desire to exte >d'the contract as specified above,and agree to abide by the current terms and conditions, and a y a e cl cations. Signature Title m( A ,Q,(,,A' Typed/Printed Name JCko i) it(/`(VI 6) US Date . >r I Please verify that the following information is correct and accurate: POs Attn: Order Desk Remit to: Shade Structures,Inc.dba USA Shade&Fabric Structures Shade Structures, Inc. dba USA Shade&Fabric Structures Accounts Receivable 2452 W. Birchwood Circle, Suite 112 PO Box 204691 Mesa,AZ 85202 Dallas,TX 75320-469 Member Contact: Rhonda Cox Contract Administrator: Rhonda Cox Phone Number: 480-446-0066 Fax Number: 480-446-8679 If both pages of this notice are not received at Mohave's Kingman office on,or before,4/1/2017, orders shall be held without processing. Email or fax completed extension to contracts@mesc.org or (928) 718-3232. To terminate the contract effective 4/1/2016, email or fax a notice of your request to cancel the contract to contracts @mesc.org or(928)718-3232. You agree to complete any authorized work or orders received prior to that date. Renewals not received within 14 days following 4/1/2016 shall result in cancellation of the contract. However,any authorized orders received prior to this date,shall be completed under this contracts terms and conditions. Extension of Contract (Page 2 of 3) Pricing Update We list your contract as utilizing Fixed. Please confirm the following regarding pricing under your contract: Our contract utilized firm-fixed pricing. We agree to hold the current prices until the next contract renewal date of 04/01/2018. Our contract utilized percentage off MSRP/Retail pricing. The current price lists/catalogs are still (applicable. We are requesting a price adjustment. A price list/catalog will be submitted by L5 044 1i(Insert Date) We will provide new price list(s)/catalog(s) by . (Insert Date) Remember that your firm cannot quote any new products contained in pricing submitted with your contract renewal until it has been reviewed and approved by your Contract Specialist. Current contract pricing will remain in effect until new pricing has been reviewed and approved. Vendor Logo Currently,we have the following logo on file for use on our website in our product/vendor finder: USASHADE & Fabric Structures, If you wish to revise or update the logo we have on file, keep the following requirements in mind: • What file types are acceptable?Vector point files are highly recommended (such as .ai or .eps files). If you don't have access to a vector point file,a large hi-resolution (approximately 150-300 dpi)JPEG, TIFF, BITMAP,GIF or PNG file will work. Having a file with a high dpi will help keep images looking sharp if we need to resize the logo. • What file size is recommended?There is no limitation to the logo file size. Vendor Benefits Description Currently, we have the following information on our website detailing the benefits of your contract for our members to view: Extension of Contract (Page 3 of 3) Vendor Benefits Description(continued) Very few products can help save lives,add color and vibrancy to the local landscape and be fun all at the same time.Yet,at Shade Structures,this is exactly what our products do! Over the years, our growth,experience and capabilities as a company have firmly established us as the proven leaders in the shade structure industry. Perhaps most important though is our commitment to the shade business,which we take personally,for it is people that we are most concerned about. Our slogan is"Screen the Sun, Keep the Fun"Our products do exactly that! If you wish to revise or update the vendors benefits information we have on file, keep the following requirements in mind: •The description should be 150-200 words that explain the benefits that your company can provide to our members through your Mohave contract. •The description should give a brief overview for members who may be accessing information about your contract from our product vendor finder on Mohave's website. •Please note that Mohave reserves the right to revise or modify the information provided either for content or length. Email or fax request for information revisions or additional information to contracts@mesc.org or 928-718-3232.If you have any questions,contact your Contract Specialist either via email at mike@mesc.org or phone 928-718-3203. MOHAVE COOPERATIVE 6 D ..... ssi .... 0401 Contract Amendments 625 East Beale Street, Kingman,AZ 86401 Phone:(928)753-6945 Fax:(928)718-3232 mesc.org ARIZONA COOPERATIVE PURCHASING Mohave Contract 16D-SSI-0401 Shade Structures, Inc. dba USA Shade &Fabric Structures Via Email May 16, 2017 Agreement To Amend the Terms and Conditions of the Existing Contract In order for Mohave Educational Services Cooperative, Inc.'s (Mohave's)contracts to comply with Federal Education Department General Administration Regulations (EDGAR) requirements, Mohave is amending its existing contracts. Please review, initial next to each requirement, sign the bottom of the amendment and return to Mohave no later than June 16, 2017. The Terms and Conditions of your contract have been modified as follows: A. Anti-Lobbying Certification: In accordance with the Federal Acquisition Regulation, 52.203-11: (a)The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. (b)The bidder, by signing this amendment, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989— (1)No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of this contract; (2)If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3)He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of$100,000 shall certify and disclose accordingly. (c)Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352,Title 31, United States Code. Any person who makes expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision shall be subject to a civil penalty of not less than (-ft10,000, and not more than $100,000, for each such failure. Initial Agreement as the Authorized Representative of the Contract Vendor B. Clean Air Act,Clean Water Act and Environmental Protection Agency Regulations: Contract vendor and its subcontractors shall comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act, section 508 of the Clean Water Act, Executive Order 11738 and Environmental Protection Agency regulations (7 CFR 3016.36 (i) (12)). This shall only apply to federally funded projects subject to the Clean Air Act, Clean Water Act and current appl' able EPA regulations. Initial Agreement as the Authorized Representative of the Contract Vendor Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org UMOHAVE ARIZONA COOPERATIVE PURCHASING C. Energy Policy and Conservation Act: Contract vendor and its subcontractors shall comply with mandatory standards and policies relating to energy efficiency (7 CFR 3016.36 (i) (13)). This shall only apply to federally funded projects subject to cu nt applicable energy policies and the Energy Conservation Act. Initial Agreement as the Authorized Representative of the Contract Vendor D. Procurement of recovered material: Contract vendor and its subcontractors shall comply with section 6002 of the Solid to Disposal Act, as amended by the Resource Conservation and Recovery Act, as stated in 2 CFR 200.321. Initial Agreement as the Authorized Representative of the Contract Vendor E. Rights to inventions: Rights to inventions made under a contract or agreement as specified under Appendix II to 2 CFR (Ecti all apply for federally funded projects. �Th Initial Agreement as the Authorized Representative of the Contract Vendor F. Subcontracts: Prime Contractor, if subcontracts are to be let, will allow all business to have an equal opportunity to sign up as prospective bidder for work assigned under this contract. i Initial Agreement as the Authorized Representative of the Contract Vendor Failure to sign and return EDGAR amendment by close of business on June 16, 2017 may result in your contract being placed on hold or canceled. Amendment will take effect July 1, 2017. i ' (L r Dated �� 1 %� t�—_I gy)2U-42.A.A_ 0 n i ' Dated May 16 2017 �.� ��n f r✓rs y , Shade Structures, Inc. dba USA Shade &Fabric Structures Anita McLemore, Executive Director Mohave Educational Services Cooperative, Inc. Mohave Educational Services Cooperative, Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org oHAVE ARIZONA COOPERATIVE PURCHASING Mohave Contract 16D-SSI-0401 Shade Structures, Inc. dba USA Shade&Fabric Structures Via Email September 6, 2016 Agreement To Amend the Terms and Conditions for Certification In order for Mohave Educational Services Cooperative, Inc.'s(Mohave's)contracts to comply with new legislation that went into effect August 6, 2016, Mohave is amending its existing contracts. This law"prohibits public entities from entering into contract with a company to acquire or dispose of services, supplies from information technology or construction, unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel." The Terms and Conditions of your contract have been modified as follows: 6. CERTIFICATION By signing the amendment below, bidder certifies the following: •Bidder shall comply with ARS §35-393.01 and certify that they are not currently engaged in, and agree that for the duration of the contract to not engage in, a boycott of Israel. Dated t ' U 1 0y) Ada-Cox jt* S u d er ( Dated September 6, 2016 Shade Structures, Inc. dba USA Shade &Fabric Structures Anita McLemore, Interim Executive Director Mohave Educational Services Cooperative, Inc. Mohave Educational Services Cooperative,Inc. 625 E. Beale St. • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org HAVE ARIZONA COOPERATIVE PURCHASING Mohave Contract 16D-SSI-0401 Shade Structures,Inc.dba USA Shade&Fabric Structures Via Email June 14,2016 Agreement To Amend The Standard Terms And Conditions for Construction;Performance And Payment Bonds Mohave Educational Services Cooperative,Inc.'s(Mohave)previous contract requirements for payment and performance bonding included reference to statute,title,and/or rules,and specific vendor actions, and acknowledgment from the member when waiving performance and payment bonding. However, these requirements may not be applicable to all members. This amendment replaces the previous requirements in the Special Terms and Conditions regarding issuing performance and payment bonds.The Special Terms and Conditions have been modified as follows: 12 . PERFORMANCE AND PAYMENT BONDS 12.1. Issuing performance and payment bonds:It shall be the sole responsibility of the member to determine if any applicable performance and payment bonding requirements apply to the procurement under an awarded contract. Member must request that the contract vendor provide the performance and payment bonds that meets the requirements prior to project implementation. The contract vendor shall supply Mohave with a copy of the procured bonds upon request. If the contract vendor fails to deliver any required performance or payment bonds requested by the member,the contract with Mohave may be canceled. 12.2. Payment bond requirement: An irrevocable payment bond shall be executed in an amount equal to 100% of the price specified in the contract between the member and the contract vendor by a surety company authorized to do business in Arizona. This bond will protect all persons supplying labor and material to the contract vendor for the performance of the work provided in the contract. 12.3. Performance bond requirement: An irrevocable performance bond shall be executed in an amount equal to 100%of the price specified in the contract between the member and the contract vendor by a surety company authorized to do business in Arizona. This agreement shall be effective July 1, 2016. Signature below indicates agreement to modifications as listed above. Se�.rR.a.ln Dated ip - 'G' `_L 4 �` _1 J Dated June 14, 2016 David Schneider Anita McLemore, Interim Executive Director Shade Structures, Inc. dba USA Shade&Fabric Structures Mohave Educational Services Cooperative, Inc. Mohave Educational Services Cooperative,Inc 625 L. Beale St • Kingman • AZ • 86401 • 928-753-6945 • www.mesc.org