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HomeMy WebLinkAboutC2021-059 - National Business Furniture 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 Grady E. Miller, Town Manager ATTEST: Elizabeth A. Klein, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] Elizabeth A. Klein (Jun 1, 2021 11:27 PDT) Elizabeth A. Klein “Contractor” ____________________________________, By: Name: Title: 1 Contract No. 2021-059 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NATIONAL BUSINESS FURNITURE, LLC THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of the date of execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and National Business Furniture, LLC., a Delaware limited liability company (the “Contractor”). RECITALS A. After a competitive procurement process, The National Purchasing Cooperative (“BuyBoard”), a cooperative formed between the National School Boards Association and several state school board associations pursuant to MD. Code Ann., State Fin., & Proc. Section 13-110 and R.I. Gen Laws Section 16-2-9.2, entered into Contract No. 584-19, dated April 1, 2019 (the “BuyBoard Contract”), for the Contractor to provide office furniture and associated ancillary services (“Materials & Services”). A copy of the BuyBoard Contract is attached hereto as Exhibit A and 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 and Section 10 of the Town Procurement Policy, to make purchases under the BuyBoard Contract, at its discretion and with the agreement of the awarded Contractor, and the BuyBoard Contract permits its cooperative use by other public entities, including 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 BuyBoard Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide labor, equipment, and materials necessary to deliver and place office furniture (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 October 31, 2022 (the “Initial Term”), unless 2 terminated as otherwise provided in this Agreement or the BuyBoard Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to one successive one-year term (the “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the BuyBoard 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 BuyBoard 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. Contractor shall provide to the Town the Materials & Services (delivery, unloading, and placement/assembling of office furniture as directed by the Town) under the terms and conditions of the BuyBoard Contract and according to the specifications set forth in the Contractor’s Proposal attached hereto as Exhibit B and incorporated herein by reference. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town and shipped “FOB destination.” Materials failing to conform to the requirements of this Agreement and/or the BuyBoard 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 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 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 any work order within a reasonable time after issuance that is not in production and has not shipped. 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 the Town notice of cancellation, or for lost profits, shipment of product prior to issuance of a work order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor an amount not to exceed $49,999.00 for the Materials and Services at the rates set forth in the BuyBoard Contract and as more particularly set forth in Exhibit B. The aggregate not-to-exceed amount, inclusive of all Renewal Terms, shall not exceed $49,999.00. 3 4. Payments. The Town shall pay the Contractor monthly, based upon acceptance and 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 BuyBoard 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 BuyBoard 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. 4 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 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, the BuyBoard Contract, the Proposal, 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 BuyBoard 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 BuyBoard 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 BuyBoard Contract, the Town shall be afforded all of the rights and privileges afforded to BuyBoard and shall be “BuyBoard” (as defined in the BuyBoard Contract) for the purposes of the portions of the BuyBoard 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 the State to the extent provided under the BuyBoard 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 5 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. 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 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With Copy to: Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Contractor: National Business Furniture 770 S. 70th St. Milwaukee, WI. 53214 Attn: Kristin Gill 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. 6 [SIGNATURES APPEAR ON FOLLOWING PAGES] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Contractor” NATIONAL BUSINESS FURNITURE, LLC, A Delaware limited liability company By: __________________________ Name: __Joanna Terry___________ Its: ____Director of Vertical Markets EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NATIONAL BUSINESS FURNITURE, LLC [The National Purchasing Cooperative D/B/A “BuyBoard” Contract] See following pages. EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NATIONAL BUSINESS FURNITURE, LLC [Contractor’s Proposal] See following pages. 4853-0792-1819, v. 1 Page 1 of 6 (Revised by the Cooperative Board of Trustees on March 10, 2016). NATIONAL PURCHASING COOPERATIVE INTERLOCAL PARTICIPATION AGREEMENT This Interlocal Participation Agreement ("Agreement") is made and entered into on the date indicated below by and between The National Purchasing Cooperative ("Cooperative"), an administrative agency of cooperating local governments, acting on its own behalf and the behalf of all participating local governments, and the undersigned local government ("Cooperative Member"). I. RECITALS WHEREAS, the National Purchasing Cooperative was formed on May 26, 2010, pursuant to MD. CODE ANN., STATE FIN. & PROC. § 13-110 (West 2009), and R.I.GEN.LAWS § 16-2-9.2 (2009); and WHEREAS, the purpose of this Agreement is to facilitate compliance with state procurement requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for Cooperative Members; NOW THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein, the undersigned Cooperative Member and the Cooperative agree as follows. II. TERMS AND CONDITIONS 1. Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member by the execution or acceptance of this Agreement hereby adopts and approves the Organizational Interlocal Agreement dated May 26, 2010, which agreement is incorporated herein by reference (and is available from the Cooperative upon request). The Organizational Interlocal Agreement established the Cooperative as an administrative agency of its collective participants, and Cooperative Member agrees to become a participant or additional party to that Organizational Interlocal Agreement. 2. Term. The initial term of this Agreement shall commence on the date it is executed by both parties and shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. 3. Termination. (a) By the Cooperative Member. This Agreement may be terminated by the Cooperative Member at any time by thirty (30) days prior written notice to the Cooperative, provided any amounts owed to any vendor have been fully paid. Page 2 of 6 (Revised by the Cooperative Board of Trustees on March 10, 2016). (b) By the Cooperative. The Cooperative may terminate this Agreement by: (1) Giving ten (10) days notice by certified mail to the Cooperative Member if the Cooperative Member breaches this Agreement; or (2) Giving thirty (30) days notice by certified mail to the Cooperative Member with or without cause. (c) Termination Procedure. If the Cooperative Member terminates its participation under this Agreement or breaches this Agreement, or if the Cooperative terminates participation of the Cooperative Member, the Cooperative Member shall bear the full financial responsibility for all of its purchases made from vendors under or through this Agreement. The Cooperative may seek the whole amount due, if any, from the terminated Cooperative Member. In addition, the Cooperative Member agrees it will not be entitled to a distribution which may occur after the Cooperative Member terminates from the Cooperative. 4. Payments by Cooperative Member. The Cooperative Member will make timely payments to the vendor for the goods, materials and services received in accordance with the terms and conditions of the bid invitation, instructions, and all other applicable procurement documents. Payment for goods, materials and services and inspections and acceptance of goods, materials and services ordered by the procuring Cooperative Member shall be the exclusive obligation of the procuring Cooperative Member, and not the Cooperative. Furthermore, the Cooperative Member is solely responsible for negotiating and securing ancillary agreements from the vendor on such other terms and conditions, including provisions relating to insurance or bonding, that the Cooperative Member deems necessary or desirable under federal, state or local law, local policy or rule, or within its business judgment. 5. Payments by Vendors. The parties agree that the Cooperative will require payment from vendors which are selected to provide goods, materials or services to Cooperative Members. Such payment (hereafter “Vendor Fees”) may be up to two percent (2%) of the purchase price paid by Cooperative Members or a flat fee amount that may be set from time to time by the Cooperative Board of Directors. Cooperative Member agrees that these Vendor Fees fairly compensate the Cooperative for the services and functions performed under this Agreement and that these Vendor Fees enable the Cooperative to pay the administrative, endorsement, licensing, marketing, and other expenses involved in successfully operating a program of electronic commerce for the Cooperative Members. Further, Cooperative Member affirmatively disclaims any rights to such Vendor Fees, acknowledging all such fees are the property of the Cooperative. Similarly, in no event shall a Cooperative Member be responsible for payment of Vendor Fees. 6. Distribution. From time to time, and at the sole discretion of the Cooperative Board of Directors, the Cooperative may issue a distribution to Cooperative Members under a plan developed by the Cooperative Board of Directors. The Cooperative Member acknowledges that a distribution is never guaranteed and will depend on the overall financial condition of the Cooperative at the time of the distribution and the purchases made by the Cooperative Member. 7. Administration. The Cooperative may enter into contracts with others, including non-profit associations, for the administration, operation and sponsorship of the purchasing program provided by this Agreement. The Cooperative will provide reports, at least annually, to the Cooperative Member electronically or by Page 3 of 6 (Revised by the Cooperative Board of Trustees on March 10, 2016). mail. Cooperative Member will report purchase orders generated under this Agreement to the Cooperative or its designee, in accordance with instructions of the Cooperative. 8. BuyBoard®. Cooperative Member will have a non-exclusive license to use the BuyBoard electronic purchasing application (BuyBoard) during the term of this Agreement. Cooperative Member acknowledges and agrees that the BuyBoard electronic application and trade name are owned by the Texas Association of School Boards, Inc., and that neither the Cooperative nor the Cooperative Member has any proprietary rights in the BuyBoard electronic application or trade name. The Cooperative Member will not attempt to resell, rent, or otherwise distribute any part of BuyBoard to any other party; nor will it attempt to modify the BuyBoard programs on the server or acquire the programming code. The Cooperative Member may not attempt to modify, adapt, translate, distribute, reverse engineer, decompile, or disassemble any component of the application. The Cooperative Member will use BuyBoard in accordance with instructions from the Cooperative (or its designee) and will discontinue use upon termination of participation in the Cooperative. The Cooperative Member will maintain equipment, software and conduct testing to operate the BuyBoard system at its own expense. III. GENERAL PROVISIONS 1. Amendment by Notice. The Board may amend this Agreement, provided that prior written notice is sent to the Cooperative Member at least 60 days prior to the effective date of any change described in such amendment and provided that the Cooperative Member does not terminate its participation in the Cooperative before the expiration of said 60 days. 2. Authorization to Participate and Compliance with Local Policies. Each Cooperative Member represents that its governing body has duly authorized its participation in the Cooperative and that the Cooperative Member will comply with all state and local laws and policies pertaining to purchasing of goods and services through its membership in the Cooperative. 3. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as they may be amended, and any and all written policies and procedures established by the Cooperative. Notwithstanding the foregoing, the Cooperative shall provide written notice to the Cooperative Member of any amendment to the Bylaws of the Cooperative and any written policy or procedure of the Cooperative that is intended to be binding on the Cooperative Member. The Cooperative shall promptly notify all Cooperative Members in writing of any Bylaw amendment, policy or procedure change. 4. Cooperation and Access. The Cooperative Member agrees that it will cooperate in compliance with any reasonable requests for information and/or records made by the Cooperative. The Cooperative reserves the right to audit the relevant records of any Cooperative Member. Any breach of this provision shall be considered material and shall make the Agreement subject to termination on ten (10) days written notice to the Cooperative Member. 5. Coordinator. The Cooperative Member agrees to appoint a program coordinator who shall have express authority to represent and bind the Cooperative Member, and the Cooperative will not be required to contact any other individual regarding program matters. Any notice to or any agreements with the coordinator shall be binding upon the Cooperative Member. The Cooperative Member reserves the right to change the coordinator as needed by giving written notice to the Cooperative. Such notice is not effective until actually received by the Cooperative. Page 4 of 6 (Revised by the Cooperative Board of Trustees on March 10, 2016). 6. Current Revenue. The Cooperative Member hereby represents that all payments, fees, and disbursements required of it hereunder shall be made from current revenues budgeted and available to the Cooperative Member. 7. Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to regulate the commencement, defense, intervention, or participation in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution, or other appearances of the Cooperative in any litigation, claim or dispute which arises from the services provided by the Cooperative on behalf of its members, collectively or individually. Neither this provision nor any other provision in this Agreement will create a legal duty for the Cooperative to provide a defense or prosecute a claim; rather, the Cooperative may exercise this right in its sole discretion and to the extent permitted or authorized by law. The Cooperative Member shall reasonably cooperate and supply any information necessary or helpful in such prosecution or defense. Subject to specific revocation, the Cooperative Member hereby designates the Cooperative to act as a class representative on its behalf in matters arising out of this Agreement. 8. Governance. The Board of Directors (Board) will govern the Cooperative in accordance with the Bylaws. 9. Legal Authority. The Cooperative Member represents to the Cooperative the following: a) The Cooperative Member has conferred with legal counsel and determined it is duly authorized by the laws of the jurisdiction in which the Cooperative Member lies to participate in cooperative purchasing, and specifically, the National Purchasing Cooperative. b) The Cooperative Member possesses the legal authority to enter into this Agreement and can allow this Agreement to automatically renew without subsequent action of its governing body. c) Purchases made under this Agreement will satisfy all procedural procurement requirements that the Cooperative Member must meet under all applicable local policy, regulation, or state law. d) All requirements––local or state–for a third party to approve, record or authorize the Agreement have been met. 10. Disclaimer. THE COOPERATIVE, ITS ENDORSERS, SPONSORS AND SERVICING CONTRACTORS, INCLUDING THE NATIONAL SCHOOL BOARDS ASSOCIATION (NSBA) AND THE TEXAS ASSOCIATION OF SCHOOL BOARDS, INC. (TASB), DO NOT WARRANT THAT THE OPERATION OR USE OF COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE COOPERATIVE, ITS ENDORSERS, SPONSORS AND SERVICING CONTRACTORS, HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11. Limitation of Liability. Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties agree that: (a) Neither party waives any immunity from liability afforded under law; Page 5 of 6 (Revised by the Cooperative Board of Trustees on March 10, 2016). (b) In regard to any lawsuit or formal adjudication arising out of or relating to this Agreement, neither party shall be liable to the other under any circumstance for special, incidental, consequential, or exemplary damages; (c) The maximum amount of damages recoverable will be limited to the amount of fees which the Cooperative received as a direct result of the Cooperative Member’s purchase activity, within 12 months of when the lawsuit or action was filed; and (d) In the event of a lawsuit or formal adjudication the prevailing party will be entitled to recover reasonable attorney’s fees. Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties further agree to limit the liability of the Cooperative’s Endorsers, Sponsors and Servicing Contractors (defined in Paragraph 11, above) up to the maximum amount each received from or through the Cooperative, as a direct result of the undersigned Cooperative Member’s purchase activity, within 12 months of the filing of any lawsuit or action. 12. Limitation of Rights. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended to confer upon any person, other than the parties hereto, any benefits, rights, or remedies under or by reason of this Agreement. 13. Merger/Entirety. This Agreement, together with the Cooperative’s Bylaws and Organizational Interlocal Agreement, represents the complete understanding of the Cooperative and Cooperative Member. To the extent there exists any conflict between the terms of this Agreement and that of prior agreements, the terms of this Agreement shall control and take precedence over all prior participation agreements. 14. Notice. Any written notice to the Cooperative may be given by e-mail to NSBA at BuyBoard@nsba.org; by U.S. mail, postage prepaid, and delivered to the National Purchasing Cooperative, 1680 Duke Street FL2, Alexandria, VA, 22314; or other mode of delivery typically used in commerce and accessible to the intended recipient. Notices to Cooperative Member may be given by e-mail to the Cooperative Member’s Coordinator or other e-mail address of record provided by the Cooperative Member; by U.S. mail, postage prepaid, and delivered to the Cooperative Member’s Coordinator or chief executive officer (e.g., superintendent, city manager, county judge or mayor); or other mode of delivery typically used in commerce and accessible to the intended recipient. 15. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions shall continue in full force and effect. 16. Signatures/Counterparts. The failure of a party to provide an original, manually executed signature to the other party will not affect the validity, enforceability or binding effect of this Agreement because either party may rely upon an electronic or facsimile signature as if it were an original. Furthermore, this Agreement may be executed in several separate counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 17. Authority. By the execution and delivery of this Agreement, each undersigned individual represents that he or she is authorized to bind the entity that is a party to this Agreement. Welcome to the BuyBoard. Below is acknowledgement of your electronic execution of the Interlocal Participation Agreement between your entity and the National Purchasing Cooperative, d/b/a BuyBoard®. By executing the Agreement, you have agreed that you are the Authorized Representative for your entity, that you have read the Agreement, and that your entity is legally bound by the terms and conditions of the Agreement. If action by your entity’s governing body was required prior to joining, you have agreed that you have followed your policy/procedure before establishing membership. Your electronic submission is the legal equivalent of your manual signature. You will receive a separate email with the fully executed counter signed agreement for your records. Log-in information will be sent by email to the BuyBoard Coordinator as identified in the acknowledgement below. Contact information for questions: info@buyboard.com 800.695.2919 BuyBoardRegistrationID 3063 Entity Town of Fountain Hills Coordinator Name (May be different from signor of Agreement below) David J Pock Coordinator E-mail dpock@fh.az.gov Coordinator Title Finance Director Entity Address 16705 E. Avenue of the Fountains Entity City Fountain Hills State AZ Zip Code 85268 Entity Phone (408) 816-5162 Entity Fax (480) 837-3145 I AGREE True Governing Body Approval Required no If yes, Date Approved Name of Authorized Representative/Electronic Signor David J Pock Title of Authorized Representative Finance Director E-mail of Authorized Representative dpock@fh.az.gov Today's Date 05/13/2021 Form inserted 5/13/2021 3:01:21 PM The Local Government Purchasing Cooperative For the Period 4/1/2019 to 3/31/2020 Final Catalog Award Report for Furniture for School, Office, Science, Library and Dormitory #584-19 7 Vendor Award Discount (%) Off Catalog/Pricelist for All Modular Furniture, New Percent DiscountVendor Catalog Info Library Interiors of Texas, LLC NoLibrary Bureau Steel pricelist - Library Interiors of Texas 35% iOffice YesLogi-Flex pricelist - iOffice 40% Lone Star Furnishings, LLC NoLogiflex pricelist - Lone Star Furnishings 35% Lone Star Furnishings, LLC YesLonestar Furnishings F&E pricelist 25% iOffice NoLorell pricelist - iOffice 30% Accents and Accessories NoLyon pricelist - Accents and Accessories 20% Indeco Sales, Inc.YesMaco Vision pricelist - Indeco Sales 35% M.A.N.S. Distributors, Inc.NoMans Furniture pricelist 51% Hertz Furniture Systems, LLC YesMarco Group pricelist - Hertz Furniture Systems 34% Library Interiors of Texas, LLC NoMartin Battrud Contract Furniture pricelist - Library Interiors of Texas 35% Martin Brattrud YesMartin Brattrud pricelist 50.6% Staples Business Advantage YesMarvel Group pricelist (36% to 64% discount) - Staples 51% Hertz Furniture Systems, LLC YesMaxon pricelist - Hertz Furniture Systems 70.74% Built for Dreams, Inc.YesMayline pricelist - Built for Dreams 50% Staples Business Advantage YesMayline pricelist - Staples 50% Library Interiors of Texas, LLC NoMedia Technologies Furniture pricelist - Library Interiors of Texas 35% Hertz Furniture Systems, LLC YesMedia Technologies pricelist - Hertz Furniture Systems 46.8% Accents and Accessories NoMidwest pricelist - Accents and Accessories 20% Azteca Designs, Inc.NoMidwest pricelist - Azteca Designs 5% Mity-Lite YesMity-Lite pricelist 62.45% Library Interiors of Texas, LLC NoMontel pricelist - Library Interiors of Texas 40% MooreCo, Inc.YesMooreCo pricelist (30% to 49% discount)30% Library Interiors of Texas, LLC NoMuzo Furniture pricelist - Library Interiors of Texas 35% National Business Furniture YesNational Business Furniture pricelist 2% Staples Business Advantage YesNational Office Furniture pricelist - Staples 54% Perry Office Plus YesNational pricelist - Perry Office Plus 51% The Local Government Purchasing Cooperative For the Period 4/1/2019 to 3/31/2020 Final Catalog Award Report for Furniture for School, Office, Science, Library and Dormitory #584-19 7 Vendor Award Discount (%) Off Catalog/Pricelist for All Modular Furniture, New Percent DiscountVendor Catalog Info Library Interiors of Texas, LLC NoLibrary Bureau Steel pricelist - Library Interiors of Texas 35% iOffice YesLogi-Flex pricelist - iOffice 40% Lone Star Furnishings, LLC NoLogiflex pricelist - Lone Star Furnishings 35% Lone Star Furnishings, LLC YesLonestar Furnishings F&E pricelist 25% iOffice NoLorell pricelist - iOffice 30% Accents and Accessories NoLyon pricelist - Accents and Accessories 20% Indeco Sales, Inc.YesMaco Vision pricelist - Indeco Sales 35% M.A.N.S. Distributors, Inc.NoMans Furniture pricelist 51% Hertz Furniture Systems, LLC YesMarco Group pricelist - Hertz Furniture Systems 34% Library Interiors of Texas, LLC NoMartin Battrud Contract Furniture pricelist - Library Interiors of Texas 35% Martin Brattrud YesMartin Brattrud pricelist 50.6% Staples Business Advantage YesMarvel Group pricelist (36% to 64% discount) - Staples 51% Hertz Furniture Systems, LLC YesMaxon pricelist - Hertz Furniture Systems 70.74% Built for Dreams, Inc.YesMayline pricelist - Built for Dreams 50% Staples Business Advantage YesMayline pricelist - Staples 50% Library Interiors of Texas, LLC NoMedia Technologies Furniture pricelist - Library Interiors of Texas 35% Hertz Furniture Systems, LLC YesMedia Technologies pricelist - Hertz Furniture Systems 46.8% Accents and Accessories NoMidwest pricelist - Accents and Accessories 20% Azteca Designs, Inc.NoMidwest pricelist - Azteca Designs 5% Mity-Lite YesMity-Lite pricelist 62.45% Library Interiors of Texas, LLC NoMontel pricelist - Library Interiors of Texas 40% MooreCo, Inc.YesMooreCo pricelist (30% to 49% discount)30% Library Interiors of Texas, LLC NoMuzo Furniture pricelist - Library Interiors of Texas 35% National Business Furniture YesNational Business Furniture pricelist 2% Staples Business Advantage YesNational Office Furniture pricelist - Staples 54% Perry Office Plus YesNational pricelist - Perry Office Plus 51% The Local Government Purchasing Cooperative For the Period 4/1/2019 to 3/31/2020 Final Catalog Award Report for Furniture for School, Office, Science, Library and Dormitory #584-19 9 Vendor Award Discount (%) Off Catalog/Pricelist for All Filing Cabinets Percent DiscountVendor Catalog Info Staples Business Advantage YesMayline pricelist - Staples 50% Library Interiors of Texas, LLC NoMedia Technologies Furniture pricelist - Library Interiors of Texas 35% Accents and Accessories NoMidwest pricelist - Accents and Accessories 20% Azteca Designs, Inc.NoMidwest pricelist - Azteca Designs 5% Library Interiors of Texas, LLC NoMontel pricelist - Library Interiors of Texas 40% MooreCo, Inc.YesMooreCo pricelist (30% to 49% discount)30% Library Interiors of Texas, LLC NoMuzo Furniture pricelist - Library Interiors of Texas 35% National Business Furniture YesNational Business Furniture pricelist 2% Staples Business Advantage YesNational Office Furniture pricelist - Staples 54% Perry Office Plus NoNational pricelist - Perry Office Plus 51% Neutral Posture, Inc.YesNeutral Posture Equity pricelist 64% Library Interiors of Texas, LLC NoNevins Furniture pricelist - Library Interiors of Texas 35% Library Interiors of Texas, LLC NoNienkamper pricelist - Library Interiors of Texas 35% NorvaNivel USA LP NoNorvaNivel USA pricelist 30% School Outfitters YesNorwood pricelist - School Outfitters 32% School Outfitters YesOffice Star pricelist - School Outfitters 50% School Specialty NoOffice To Go pricelist - School Specialty 51% The Caprock Group, LLC NoOffice To Go pricelist - The Caprock Group 53% OFGO YesOFGO Complete pricelist 30% Staples Business Advantage NoOFM pricelist - Staples 60% Perry Office Plus NoOFS Brands pricelist - Perry Office Plus 40% Library Interiors of Texas, LLC NoOFS-Carolina pricelist - Library Interiors of Texas 40% Library Interiors of Texas, LLC NoPaladin Furniture pricelist - Library Interiors of Texas 35% Library Interiors of Texas, LLC NoPalmer Hamilton Nomad Furniture pricelist - Library Interiors of Texas 35% Library Interiors of Texas, LLC NoPalmieri Furniture pricelist - Library Interiors of Texas 35% The Local Government Purchasing Cooperative For the Period 4/1/2019 to 3/31/2020 Final Catalog Award Report for Furniture for School, Office, Science, Library and Dormitory #584-19 14 Vendor Award Discount (%) Off Catalog/Pricelist for All Other Furniture Percent DiscountVendor Catalog Info MeTEOR Education, LLC.NoMien pricelist - MeTEOR Education 15% School Specialty NoMien pricelist - School Specialty 42% Staples Business Advantage YesMien pricelist (39% to 44.50% discount) - Staples 39% Educator s Depot NoMitv-Lite pricelist - Educator's Depot 12% Mity-Lite YesMity-Lite pricelist 55.75% School Specialty NoMity-Lite pricelist - School Specialty 44% Haldeman-Homme, Inc YesMontel pricelist - Haldeman-Homme 30% MooreCo, Inc.YesMooreCo pricelist (30% to 49% discount)30% Moving Minds (Play with a Purpose YesMoving Minds pricelist 10% Lone Star Furnishings, LLC YesMTS Seating pricelist - Lone Star Furnishings 30% Library Interiors of Texas, LLC YesMuzo Furniture pricelist - Library Interiors of Texas 35% MeTEOR Education, LLC.NoMuzo pricelist - MeTEOR Education 30.5% Staples Business Advantage YesMuzo pricelist (30.50% to 34.50% discount) - Staples 30.5% Educator s Depot NoMyTCoat pricelist - Educator's Depot 10% South Texas School Furniture YesMyTCoat pricelist - South Texas School Furniture 25% National Business Furniture YesNational Business Furniture pricelist 2% MeTEOR Education, LLC.YesNational Office Furniture pricelist - MeTEOR Education 41% Staples Business Advantage YesNational Office Furniture pricelist (41% to 44.50% discount) - Staples 41% Perry Office Plus NoNational pricelist - Perry Office Plus 51% National Public Seating YesNational Public Seating pricelist 35% ACP Direct NoNational Public Seating pricelist - ACP Direct 0% Educator s Depot NoNational Public Seating pricelist - Educator's Depot 38% Staples Business Advantage NoNational Public Seating pricelist - Staples 45% Office Design Concepts,LLC YesNDI pricelist - Office Design Concepts 45% Groupe Lacasse LLC YesNeocase pricelist - Group Lacasse 56% Perry Office Plus NoNeutral Posture pricelist - Perry Office Plus 52% The Local Government Purchasing Cooperative For the Period 4/1/2019 to 3/31/2020 Final Catalog Award Report for Furniture for School, Office, Science, Library and Dormitory #584-19 15 Vendor Award Discount (%) Off Catalog/Pricelist for All Moveable Walls and Partitions Percent DiscountVendor Catalog Info Office Design Concepts,LLC YesKI pricelist - Office Design Concepts 50% Kimball NoKimball Office pricelist 65% K-Log, Inc.YesK-Log pricelist 5% Groupe Lacasse LLC YesLacasse pricelist - Group Lacasse 56% Liberty Office Products NoLiberty Office Products pricelist (10% to 55% discount) 10% Austin Business Furniture YesLoftwall pricelist - Austin Business Furniture 40% Business Interiors NoLoftwall pricelist - Business Interiors 35% Staples Business Advantage NoLuxor pricelist - Staples 45% Accents and Accessories NoLyon pricelist - Accents and Accessories 20% M.A.N.S. Distributors, Inc.NoMans Furniture pricelist 51% Staples Business Advantage NoMarvel Group pricelist (36% to 64% discount) - Staples 51% Hertz Furniture Systems, LLC YesMaxon pricelist - Hertz Furniture Systems 70.74% Accents and Accessories NoMidwest pricelist - Accents and Accessories 20% Azteca Designs, Inc.NoMidwest pricelist - Azteca Designs 5% Mity-Lite YesMity-Lite pricelist 65% MooreCo, Inc.YesMooreCo pricelist (30% to 49% discount)30% National Business Furniture YesNational Business Furniture pricelist 2% Staples Business Advantage NoNational Office Furniture pricelist - Staples 54% Perry Office Plus NoNational pricelist - Perry Office Plus 51% Groupe Lacasse LLC YesNeocase pricelist - Group Lacasse 56% Neutral Posture, Inc.YesNeutral Posture pricelist 64% Evans Facility Consultants YesNevins pricelist - Evans Facility Consultants 50% NorvaNivel USA LP YesNorvaNivel USA pricelist 30% School Outfitters NoNorwood pricelist - School Outfitters 32% Groupe Lacasse LLC YesNvision Brand pricelist - Group Lacasse 66% Staples Business Advantage NoOFM pricelist - Staples 60% Perry Office Plus NoOFS Brands pricelist - Perry Office Plus 40% Evans Facility Consultants YesPerformance pricelist - Evans Facility Consultants 50% The Local Government Purchasing Cooperative For the Period 4/1/2019 to 3/31/2020 Final Catalog Award Report for Furniture for School, Office, Science, Library and Dormitory #584-19 19 Vendor Award State the Percent (%) Rate of Total Order for Installation of Furniture Percent DiscountVendor Catalog Info Libra-Tech Corporation YesPercent Rate of Total Order for Installation of Furniture 15% HiTouch Business Services, LLC YesPercent Rate of Total Order for Installation of Furniture 15% McCoy Rockford, Inc.YesPercent Rate of Total Order for Installation of Furniture 15% Kimball YesPercent Rate of Total Order for Installation of Furniture 15% ADP Lemco YesPercent Rate of Total Order for Installation of Furniture 15% School Specialty YesPercent Rate of Total Order for Installation of Furniture 15% National Public Seating YesPercent Rate of Total Order for Installation of Furniture 15% Krug Inc.YesPercent Rate of Total Order for Installation of Furniture 12% Sauder Education YesPercent Rate of Total Order for Installation of Furniture 12% Built for Dreams, Inc.YesPercent Rate of Total Order for Installation of Furniture 12% Exemplis, LLC YesPercent Rate of Total Order for Installation of Furniture 10% Hekman Contract YesPercent Rate of Total Order for Installation of Furniture 10% RightAngle Products YesPercent Rate of Total Order for Installation of Furniture 10% Business Interiors YesPercent Rate of Total Order for Installation of Furniture 10% Steelcase YesPercent Rate of Total Order for Installation of Furniture 0% Custom Educational Furnishings YesPercent Rate of Total Order for Installation of Furniture 0% DeBourgh Manufacturing Company YesPercent Rate of Total Order for Installation of Furniture 0% National Business Furniture YesPercent Rate of Total Order for Installation of Furniture 0% Lakeshore Learning Materials YesPercent Rate of Total Order for Installation of Furniture 0% The Local Government Purchasing Cooperative For the Period 4/1/2019 to 3/31/2020 Final Award Report for Furniture for School, Office, Science, Library and Dormitory #584-19 18 Bid PriceVendor Award Not to Exceed Hourly Labor Rate for Installation/Repair Service of All Types of Furniture Vendor Brand and Model Number $0.00Indeco Sales, Inc.YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture $0.00Haskell Office YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture $0.10Palmer Hamilton, LLC YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture (Call for quote) $0.10The Library Store YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture (Call for quote) $0.10National Business Furniture YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture (Call for quote) $0.10Martin Brattrud YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture (Call for Quote) $0.10Custom Educational Furnishings YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture (Call for Quote) $0.10ECFS, LLC YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture (Call for quote) $0.10Raspberry Med, Inc.YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture (Call for quote) $0.10Steelcase YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture (Call for quote) $0.10Gressco Ltd.YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture (Call for Quote) $0.10The Brill Company, Inc.YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture (Call for quote) $0.10Wildcat Mfg YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture (Call for quote) $10.00Accents and Accessories YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture $20.00Thompson Educational Furnishings YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture ($20.00 per person/per hour in Oklahoma only) $20.00Capitol Blind and Drapery YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture $25.00PS Furniture, Inc.YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture $25.00Office Design Concepts,LLC YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture $29.00Business Interiors YesHourly Labor Rate for Installation/Repair Service of All Types of Furniture ($29.00 to $60.00) TOWN OF FOUNTAIN HILLS KIMBERLY WICKLAND 16705 E AVENUE OF THE FOUNTANS FOUNTAIN HLS, AZ 85268 Phone: (480) 816-5180 Fax: (480) 837-3145 Qty Description Options Price Each Ext. Price Small Reception Desk 1 Curved Reception Desk Counter Driftwood Laminate/Silver Laminate Desktop Kickplate and Accents/Glass Top $247.91 $247.91 1 Curved Reception Desk Panels Driftwood Laminate/Silver Laminate Desktop Kickplate and Accents $299.69 $299.69 2 48" Reception Desk Panels Driftwood Laminate/Silver Laminate Desktop Kickplate and Accents $325.87 $651.74 2 48" Reception Desk Counter Driftwood Laminate/Silver Laminate Desktop Kickplate and Accents/Glass Top $218.36 $436.72 1 Mobile Ped Box/Box/File Driftwood Laminate $176.89 $176.89 Subtotal $1,812.95 Large Reception Desk-Option A 2 Curved Reception Desk Counter Driftwood Laminate/Silver Laminate Desktop Kickplate and Accents/Glass Top $247.91 $495.82 2 Curved Reception Desk Panels Driftwood Laminate/Silver Laminate Desktop Kickplate and Accents $299.69 $599.38 1 ADA Return Driftwood Laminate/Silver Laminate Desktop Kickplate and Accents $170.89 $170.89 4 48" Reception Desk Panels Driftwood Laminate/Silver Laminate Desktop Kickplate and Accents $325.87 $1,303.48 4 48" Reception Desk Counter Driftwood Laminate/Silver Laminate Desktop Kickplate and Accents/Glass Top $218.36 $873.44 3 Mobile Ped Box/Box/File Driftwood Laminate $176.89 $530.67 1 Storage Cabinet Mahogany Laminate/Silver Laminate Kickplate and Hardware $220.45 $220.45 Subtotal $4,194.13 Conference Room Rectangular Table - 16' Long / No 10 Faux Leather Conference Chair Stratus Polyurethane/Chrome Steel Base/Aluminum Arm $206.56 $2,065.60 1 Conference Table 192"Empire Mahogany Top/Platinum Base $1,762.18 $1,762.18 Subtotal $3,827.78 Open Lobby Areas 1 Buffet Monterey Point Butcher Block Top $1,283.64 $1,283.64 5 End Table Monterey Point Butcher Block Top $386.64 $1,933.20 4 Coffee Table Monterey Point Butcher Block Top $522.73 $2,090.92 12 Lenox Wood Fabric Guest Chair Grade 2 Fabric- Dorset : Ash / Standard Walnut Finish $248.71 $2,984.52 10 Lenox Wood Fabric 3 Seat Bench Grade 2 Fabric- Connelly: Dove / Standard Walnut Finish $512.14 $5,121.40 3 48" Round Tbl W/No Shelf Wood Finish: Walnut / Leg Finish: Bronze / Includes: Grommet In Center Of Table With No Shelf $614.23 $1,842.69 6 Lenox Oversized Chair W/ Arms Grade 2 Fabric: Connelly-Dove / Standard Walnut Finish $292.51 $1,755.06 3 Cable Mgmt F/ Tables Finish: Silver Only $107.00 $321.00 4 Chance Upholstered Sofa Gray $1,069.87 $4,279.48 8 Chance Upholstered Armchair Fabric: Gray $599.25 $4,794.00 6 8' Yucca Tree Red/Green Foliage/Black Container $387.00 $2,322.00 Subtotal $28,727.91 Subtotal $38,562.77 Design Services / Project Management $0.00 Installation $3,598.00 All items are quoted with BUY BOARD Cooperative Delivery $3,732.26 *Lead Time: 2-4 Weeks Sales Tax $3,547.77 *50% Deposit and/or PO Required to Place Order Project Total $49,440.80 *Changes in quantity may result in price change *All products have a LIFETIME GUARANTEE May 21, 2021 Quote QL275738 v(4) Fax: (480) 837-3145 Phone: (480) 816-5160 FOUNTAIN HLS, AZ 85268 16705 E AVENUE OF THE FOUNTANS JANICE BAXTER TOWN OF FOUNTAIN HILLS 5/21/2021 QL275738-v4-05-21-21-Kimberly-UPDATED **YOUR ORDER IS MADE-TO-ORDER AND NON-RETURNABLE. NOTE: If Choose to REMOVE Install the following applies: DELIVERY LEVEL - TAILGATE DELIVERY, YOU WILL NEED PERSONNEL OR EQUIPMENT TO LOWER THE ITEMS FROM THE TRUCK AND BRING THEM INSIDE. PLEASE CONTACT US IF INSIDE DELIVERY IS REQUIRED Kristen Gill Executive Consultant Sales Rep for Arizona territory National Business Furniture 480.273.2113 Kristeng@nbf.com 5/21/2021 QL275738-v4-05-21-21-Kimberly-UPDATED 1 Robert Durham From:Kristen Gill <KristenG@nbf.com> Sent:Friday, May 14, 2021 7:03 AM To:Robert Durham Cc:Kimberly Wickland Subject:RE: NBF and BuyBoard solicitation & contract number Attachments:CSA NBF.pdf Importance:High  This message originated from outside the organization. Do not click links or open attachments unless you have verified the sender and know the content is safe. Good morning! Please see the attached document with red lines and the signature.   Please let me know if you have any questions.  Thank you and make it a great day!    Kristen  480.273.2113    Working from Home Resource Page    Kristen Gill  National Business Furniture  E: kristeng@nbf.com    Vizient Contract # CE0318  GSA Schedule Contract: # GS‐27F‐0024V  Tax ID: 20‐3851320  DUNS Number: 07‐6164‐771    From: Robert Durham   Sent: Thursday, May 13, 2021 2:05 PM  To: Kristen Gill   Cc: Kimberly Wickland   Subject: RE: NBF and BuyBoard solicitation & contract number  Importance: High    Afternoon……well if corporate is willing to sign our document (draft attached) it will move things along. Plan B will have  to be a competitive process of the Town receiving quotes from multiple vendors (in the first case that process has been  done via BuyBoard) or one of our State contract vendors. Since time is of the essence this will have to be resolved fairly  quickly.     Let me know what your corporate says regarding the attached draft.   Thanks,  Rob      2   Rob Durham  Procurement Officer  Town of Fountain Hills  p: (480) 816‐5128 m: (816) 786‐8931  a: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268   w: www.fh.az.gov e: rdurham@fh.az.gov  Follow us on:               From: Kristen Gill <KristenG@nbf.com>   Sent: Thursday, May 13, 2021 1:50 PM  To: Robert Durham <rdurham@fh.az.gov>  Subject: RE: NBF and BuyBoard solicitation & contract number     This message originated from outside the organization. Do not click links or open attachments unless you have verified the sender and know the content is safe.   Good afternoon…  The response I received from my corporate office is the following:    We are on page 90    https://app.buyboard.com/Reports/CurrentVendors_TX.pdf     I am hoping you can link your pro cam information up to this link?  Let me know if you have any questions.  Thank you!    Kristen  480.273.2113    Working from Home Resource Page    Kristen Gill  National Business Furniture  E: kristeng@nbf.com    Vizient Contract # CE0318  GSA Schedule Contract: # GS‐27F‐0024V  Tax ID: 20‐3851320  DUNS Number: 07‐6164‐771    From: Robert Durham <rdurham@fh.az.gov>   Sent: Thursday, May 13, 2021 10:28 AM  3 To: Kristen Gill <KristenG@nbf.com>  Subject: RE: NBF and BuyBoard solicitation & contract number    Thanks…..under our Town policy the agreement I draft will satisfy our end to do business. If this is not a route NBF can  take I’d need know asap as I’d have to then start a new procurement process to satisfy our policy.     From: Kristen Gill <KristenG@nbf.com>   Sent: Thursday, May 13, 2021 10:19 AM  To: Robert Durham <rdurham@fh.az.gov>; 'info@buyboard.com' <info@buyboard.com>  Subject: RE: NBF and BuyBoard solicitation & contract number     This message originated from outside the organization. Do not click links or open attachments unless you have verified the sender and know the content is safe.   Good morning. I have reached out to my key contact person at my corporate office to see what we  can do two links this together.  Thank you    Kristen  480.273.2113    Working from Home Resource Page    Kristen Gill  National Business Furniture  E: kristeng@nbf.com    Vizient Contract # CE0318  GSA Schedule Contract: # GS‐27F‐0024V  Tax ID: 20‐3851320  DUNS Number: 07‐6164‐771    From: Robert Durham <rdurham@fh.az.gov>   Sent: Thursday, May 13, 2021 10:03 AM  To: Kristen Gill <KristenG@nbf.com>; 'info@buyboard.com' <info@buyboard.com>  Subject: RE: NBF and BuyBoard solicitation & contract number    Sorry…..and contract date.     From: Robert Durham   Sent: Thursday, May 13, 2021 9:59 AM  To: 'KristenG@nbf.com' <KristenG@nbf.com>; 'info@buyboard.com' <info@buyboard.com>  Subject: RE: NBF and BuyBoard solicitation & contract number  Importance: High    Good morning….  I am drafting an agreement to link NBF and the Town to The National Purchasing Cooperative (“BuyBoard”), is there a  solicitation number and contract number I can reference to trace the BuyBoard solicitation and award to NBF……and  also the contract resulting?  Thanks,   4 Rob        Rob Durham  Procurement Officer  Town of Fountain Hills  p: (480) 816‐5128 m: (816) 786‐8931  a: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268   w: www.fh.az.gov e: rdurham@fh.az.gov  Follow us on:         Disclaimer: All messages created in this system are the property of the Town of Fountain Hills, Arizona and should be considered a public record subject to disclosure under  the Arizona Public Records Law (ARS 39‐121). Town employees, town public officials, and those who generate email to them, should have no expectation of privacy related to  the use of this technology.       This e‐mail and any files transmitted with it are confidential and intended solely for the use of the individual or company  to whom they are addressed. If you have received this e‐mail in error, please notify the sender immediately and delete  this e‐mail including all attachments from your system. Thank you.    Disclaimer: All messages created in this system are the property of the Town of Fountain Hills, Arizona and should be considered a public record subject to disclosure under  the Arizona Public Records Law (ARS 39‐121). Town employees, town public officials, and those who generate email to them, should have no expectation of privacy related to  the use of this technology.     Disclaimer: All messages created in this system are the property of the Town of Fountain Hills, Arizona and should be considered a public record subject to disclosure under  the Arizona Public Records Law (ARS 39‐121). Town employees, town public officials, and those who generate email to them, should have no expectation of privacy related to  the use of this technology.