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LINKING
AGREEMENT
BETWEEN
THE
CITY OF GLENDALE,
ARIZONA
AND
DOCUNITED
IMAGING, LLC
THIS LINKING AGREEMENT ( this " Agreement") is entered into as of this 11th day of
April, 2023, between the City of Glendale, an Arizona municipal corporation ( the " City"), and
DocUnited Imaging, LLC, a Limited Liability Company authorized to do business in Arizona
and a vendor authorized reseller of Laserfiche, collectively, the " Parties."
RECITALS
A. On December
8, 2022 under National Cooperative Purchasing Alliance ( NCPA), the Region
14 Education Service Center entered into an Agreement which uses Vendor Authorized
Resellers ("
VAR") to distribute its software. The City wishes to purchase the goods and
services with DocUnited Imaging, LLC as the VAR of choice to purchase the goods and
services described in the response to RFP # 36- 22, contract#
01- 158 for Document and
Records Management for Region 14 Education Service Center (NCPA) (the " Cooperative
Purchasing Agreement"), which is attached to this Linking Agreement as Exhibit A. The
Cooperative Purchasing Agreement permits its cooperative use by other governmental
agencies, including the City.
B.
Section 2- 149 of the City' s Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.
C.
Section 2- 149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2- 145 and 2- 146.
D. The City desires to contract with Contractor for supplies or services identical, or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City's utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.
AGREEMENT
NOW,THEREFORE, in consideration ofthe foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agreement. The City is purchasing supplies and/ or services from Contractor
pursuant to
the Cooperative
Purchasing Agreement. According to the
Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was December
8, 2022, until the date the contract expires on November
30,
2025, unless the term of the Cooperative Purchasing Agreement is extended by the mutual
1/
2/ 2020
agreement of the original contracting parties. The Cooperative Purchasing Agreement,
however, may not be extended
beyond November
30, 2027. The initial period of this
Agreement, therefore, is the period from the Effective Date of this Agreement until December
7, 2025. The City may renew the term of this Agreement
for an additional
two one- year
periods until the Cooperative Purchasing Agreement expires on December 7, 2027. Glendale
renewals are not automatic and shall only occur if the City gives the Contractor notice of its
intent to renew. The City may give the Contractor notice ofits intent to renew this Agreement
30 days prior to the anniversary of the Effective Date to effectuate such renewal.
2.
Scope of Work; Terms, Conditions, and Specifications.
A. Contractor shall provide City the supplies and/ or services identified in the Scope of
Work attached as Exhibit A.
B.
Contractor agrees to comply with all the terms, conditions, and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions
and specifications
are
specifically incorporated into and are an enforceable part of this Agreement.
3.
Compensation.
A. City shall pay Contractor compensation at the same rate and on the same schedule as
provided
in the Cooperative
Purchasing
Agreement, which
is attached
hereto
as
Exhibit
B
B.
The total purchase price for the supplies and/ or services purchased under this
Agreement
shall not exceed three hundred and fifty- one thousand dollars ($ 351, 000)
for the entire term of the Agreement ( initial term plus any renewals).
4.
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38- 511.
5.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub- contractor to be bound to the
same
requirements
as
stated
within
this
section. Contractor, and on behalf of any
subcontractors,
warrants
compliance
with this section.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.
7.
E-verify. Contractor
complies
with
A.R.S. §
23- 214
and
agrees
to
comply
with
the
requirements of A.R.S. 5 41- 4401.
8.
No Boycott of Israel. To the extent A.R.S § 35- 393 through §
35- 393. 03 are applicable,
the
parties hereby certify that they are not currently engaged in and agree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined
in A.R.S § 35- 393.
2
4/ 29/ 2021
9.
Attestation of PCI Compliance. When applicable, the Contractor will provide
the City
annually with a Payment Card Industry Data Security Standard ( PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.
10.
Notices. Any notices that must be provided under this Agreement shall be sent to the Parties'
respective authorized representatives at the address listed below:
City of Glendale
c/ o Julie Bower, City Clerk
City Clerk' s Office, Suite 455
Glendale, Anzona
85301
623- 930- 3261
And
DocUnited Imaging, LLC
c/ o Susan Mosby
4106 W Oregon Ave
Phoenix, AZ 85019
smosby@docutilted.
com
602- 615- 8297
TN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
set forth above.
City"
Contractor"
City of Glendale,
an Arizona
DocUnited Imaging, LLC,
municipal corporation
an Arizon
Limited Liability Company
By:
By
211—a/v1 /
1 ` U" u
y1J—
Kevin
R. Phelps
Name: . 5 v Sct
x
U 5 k) 17
City Manager
Tide: m e M. E
777
ATTEST:
Julie K. Bower
SEAL)
City Clerk
APPROVED
AS TO FORM:
Michael D. Bailey
City Attorney
3
4/
29/
2021
LINKING
AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
DOCUNITED
IMAGING, LLC
Vendor
Authorized
Reseller
of Laserfiche)
EXHIBIT
A
Response
to RFP #
36- 22, Enterprise
Content
Management
Solution
for Region
14 Education
Service
Center]
4
4/ 29/ 2021
Region XIV Education Service Center
Thursday, December 8th, 2022
Compulink Management Center, Inc. dba Laserfiche
ATTN: Peter Wayman
3443 Long Beach Blvd
Long Beach, CA 90807
Dear Peter:
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
Region XIV Education Service Center is happy to announce that Compulink
Management Center, Inc. dba Laserfiche has been awarded an annual contract for
Documents and Records Management on the proposal submitted to Region XIV ESC.
The contract is effective immediately and will expire on November 30th , 2025. The
contract can then be renewed annually for an additional two years, if mutually
agreed on by Region XIV ESC and Compulink Management Center, Inc. dba
Laserfiche.
We look forward to a long and successful partnership underneath this contract.
If you have any questions or concerns, feel free to contact me at 325-675-8600.
Sincerely,
Region XIV, Executive Director
REQUEST FOR PROPOSAL (RFP) FOR
Documents and Records Management
SOLICITATION NUMBER
36-22
PUBLICATION DATE
Tuesday, October 4th, 2022
Competitive Solicitation by
Region 14 Education Service Center
for
Documents and Records Management
on behalf of itself and other Government Agencies
and made available through the
National Cooperative Purchasing Alliance
RFP # 36-22
EXHIBIT A
NOTICE TO RESPONDENT:
Submittal Deadline:
Thursday, November 17th, 2022 2:00pm CT
Questions regarding this solicitation must be submitted to questions@ncpa.us no later than
Thursday, November 10th, 2022. All questions and answers will be posted to
http://www.ncpa.us/solicitations.
It is the intention of Region 14 Education Service Center (herein “Region 14 ESC”) to establish
a Master Agreement for Documents and Records Management for use by Region 14 ESC and
other public agencies supported under this contract. This Request for Proposal is issued on
behalf of the National Cooperative Purchasing Alliance through a public agency clause, which
provides that any county, city, special district, local government, school district, private K-12
school, higher education institution, state, other government agency, healthcare organization or
nonprofit organization may purchase Products and Services through this contract. Respondents
will be required to execute the NCPA Administration Agreement upon award.
This contract will allow agencies to purchase on an “as needed” basis from a competitively
awarded contract. Respondents are requested to submit their total line of available products and
services. While this solicitation specifically covers Documents and Records Management,
respondents are encouraged to submit an offering on any or and all products and services
available that they currently perform in their normal course of business.
Responses shall be received electronically no later than the submittal deadline via our online
Bonfire portal at ncpa.bonfirehub.com
Immediately following the deadline, all responses will be publicly opened and the respondents
recorded. Any response received later than the specified deadline will be disqualified.
Responses will remain sealed by our online Bonfire portal until the bid opening time specified.
Responses received outside our online Bonfire portal will not be accepted. Sealed responses
may be submitted on any or all items, unless stated otherwise.
Proposal may be rejected for failure to comply with the requirements set forth in this invitation.
EXHIBIT A
INTRODUCTION/SCOPE
Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher
education institutions in the United States of America, and other government agencies and non-
profit organizations (herein “Public Agency” or collectively “Public Agencies”) is soliciting
proposals from qualified vendors to enter into a Master Agreement for a complete line of
Documents and Records Management.
Region 14 ESC, as the lead public agency, has partnered with NCPA to make the resultant
contract available to all participating agencies in the United States. NCPA provides marketing
and administrative support for the awarded vendor that promotes the successful vendor’s
products and services to Public Agencies nationwide. The Vendor will execute the NCPA
Administration Agreement (Tab 2) upon award. Vendor should thoroughly review all documents
and note any exceptions to NCPA terms and conditions in their proposal.
Awarded vendor(s) shall perform covered product or services under the terms of this
agreement. Respondents shall provide pricing based on a discount from their standard pricing
schedules for products and/or services offered. Electronic Catalog and/or price lists must
accompany the proposal. Multiple percentage discount structure is also acceptable. Please
specify where different percentage discounts apply. Additional pricing and/or discounts may be
included.
Each product or service proposed is to be priced separately with all ineligible items identified.
Services may be awarded to multiple vendors. Respondents may elect to limit their proposals to
a single product or service within any category, or multiple products or services within any and
all categories.
The National Cooperative Purchasing Alliance (herein “NCPA”) assists public agencies to
increase their efficiency and reduce their costs when procuring goods and services. This is
accomplished by awarding competitively solicited contracts that are leveraged nationally by
combining the volumes and purchasing power of entities nationwide. Our contracts are available
for use by any entity that complies with procurement laws and regulations.
It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this
RFP.
•
Provide a comprehensive competitively solicited Master Agreement offering Products
and Services to Public Agencies;
•
Achieve cost savings of Vendors and Public Agencies through a single competitive
solicitation process that eliminates the need for multiple proposals;
•
Combine the purchasing power of Public Agencies to achieve cost effective pricing;
•
Reduce the administrative and overhead costs of Vendors and Public Agencies through
state of the art purchasing procedures.
EXHIBIT A
INSTRUCTIONS TO RESPONDENTS
Submission of Response
•
Only responses received via our online Bonfire portal will be accepted. Faxed or mailed
responses will not be accepted.
•
Responses may be submitted on any or all items, unless stated otherwise. Region 14
ESC reserves the right to reject or accept any response.
•
Deviations to the terms, conditions and/or specifications shall be conspicuously noted in
writing by the respondent and shall be included with the response.
•
Withdrawal of response will not be allowed for a period of 120 days following the
opening. Pricing will remain firm for 120 days from submittal.
Public Bid Opening
The public bid opening will be held via Zoom meeting. Interested parties who wish to attend the
bid opening should email contracts@ncpa.us by 4:00 pm the day before the bid opening date to
receive an invitation.
Required Proposal Format
Responses shall be provided electronically via our online Bonfire portal. Tabs should be used to
separate the proposal into sections, as identified below. Respondents failing to organize in the
manner listed may be considered non-responsive and may not be evaluated. It’s recommended
that all tabs, with the exception of Tab 7 (Pricing), be submitted in Portable Document Format
(PDF). Please note pricing can be submitted separately in a alternate format (e.g. xlsx, xls, csv).
Tabs
Tab 1 – Master Agreement / Signature Form
Tab 2 – NCPA Administration Agreement
Tab 3 – Vendor Questionnaire
Tab 4 – Vendor Profile
Tab 5 – Products and Services / Scope
Tab 6 – References
Tab 7 – Pricing
Tab 8 – Value Added Products and Services
Tab 9 – Required Documents
EXHIBIT A
TAB 1
MASTER AGREEMENT - GENERAL TERMS AND CONDITIONS
Customer Support
The vendor shall provide timely and accurate technical advice and sales support. The vendor
shall respond to such requests within one (1) working day after receipt of the request.
Disclosures
Respondent affirms that he/she has not given, offered to give, nor intends to give at any time
hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor or service to a public servant in connection with this contract.
The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at
independently, and is submitted without collusion with anyone to obtain information or gain any
favoritism that would in any way limit competition or give an unfair advantage over other
vendors in the award of this contract.
Renewal of Contract
Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew
for up to two (2) additional one-year terms or any combination of time equally not more than 2
years if agreed to by Region 14 ESC and the vendor.
Funding Out Clause
Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A
contract for the acquisition, including lease, of real or personal property is a commitment of the
entity’s current revenue only, provided the contract contains either or both of the following
provisions:
Retains to the entity the continuing right to terminate the contract at the expiration of each
budget period during the term of the contract and is conditioned on a best efforts attempt by the
entity to obtain appropriate funds for payment of the contract.
Shipments (if applicable)
The awarded vendor shall ship ordered products within seven (7) working days for goods
available and within four (4) to six (6) weeks for specialty items after the receipt of the order
unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify
the entity placing the order as to why the product has not shipped and shall provide an
estimated shipping date. At this point the participating entity may cancel the order if estimated
shipping time is not acceptable.
Tax Exempt Status
Since this is a national contract, knowing the tax laws in each state is the sole responsibility of
the vendor.
EXHIBIT A
Payments
The entity using the contract will make payments directly to the awarded vendor or their
affiliates (distributors/business partners/resellers) as long as written request and approval by
NCPA is provided to the awarded vendor.
Adding Authorized Distributors/Dealers
Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract
throughout the life of the contract. Vendor must receive written approval from NCPA before such
distributors/partners/resellers considered authorized.
Purchase orders and payment can only be made to awarded vendor or distributors/ business
partners/resellers previously approved by NCPA.
Pricing provided to members by added distributors or dealers must also be less than or equal to
the pricing offered by the awarded contract holder.
All distributors/partners/resellers are required to abide by the Terms and Conditions of the
vendor's agreement with NCPA.
Pricing
All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded
vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with
NCPA.
All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing
offered unless otherwise clearly stated in writing
Warranty
Proposal should address the following warranty information:
•
Applicable warranty and/or guarantees of equipment and installations including any
conditions and response time for repair and/or replacement of any components during
the warranty period.
•
Availability of replacement parts
•
Life expectancy of equipment under normal use
•
Detailed information as to proposed return policy on all equipment
Products: Vendor shall provide equipment, materials and products that are new unless
otherwise specified, of good quality and free of defects
Construction: Vendor shall perform services in a good and workmanlike manner and in
accordance with industry standards for the service provided.
Safety
Vendors performing services shall comply with occupational safety and health rules and
regulations. Also all vendors and subcontractors shall be held responsible for the safety of their
employees and any conditions that may cause injury or damage to persons or property.
EXHIBIT A
Permits
Since this is a national contract, knowing the permit laws in each state is the sole responsibility
of the vendor.
Indemnity
The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its
participants, administrators, employees and agents against all claims, damages, losses and
expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor
subcontractors in the preparation of the solicitation and the later execution of the contract.
Franchise Tax
The respondent hereby certifies that he/she is not currently delinquent in the payment of any
franchise taxes.
Supplemental Agreements
The entity participating in this contract and awarded vendor may enter into a separate
supplemental agreement to further define the level of service requirements over and above the
minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized
delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively
between the participating entity and awarded vendor.
Certificates of Insurance
Certificates of insurance shall be delivered to the Public Agency prior to commencement of
work. The insurance company shall be licensed in the applicable state in which work is being
conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days
notice prior to any modifications or cancellation of policies. The awarded vendor shall require all
subcontractors performing any work to maintain coverage as specified.
Legal Obligations
It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal
laws governing the sale of products/services identified in this RFP and any awarded contract
and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be
followed even if not specifically identified herein.
Protest
A protest of an award or proposed award must be filed in writing within ten (10) days from the
date of the official award notification and must be received by 5:00 pm CST. Protests shall be
filed with Region 14 ESC and shall include the following:
•
Name, address and telephone number of protester
•
Original signature of protester or its representative
•
Identification of the solicitation by RFP number
•
Detailed statement of legal and factual grounds including copies of relevant documents
and the form of relief requested
EXHIBIT A
Any protest review and action shall be considered final with no further formalities being
considered.
Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to
carry out its obligations under this Agreement then such party shall give notice and full
particulars of Force Majeure in writing to the other party within a reasonable time after
occurrence of the event or cause relied upon, and the obligation of the party giving such notice,
so far as it is affected by such Force Majeure, shall be suspended during the continuance of the
inability then claimed, except as hereinafter provided, but for no longer period, and such party
shall endeavor to remove or overcome such inability with all reasonable dispatch.
The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other
industrial disturbances, act of public enemy, orders and regulation of any kind of government of
the United States or any civil or military authority; insurrections; riots; epidemics; pandemic;
landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests;
restraint of government and people; civil disturbances; explosions, breakage or accidents to
machinery, pipelines or canals, or other causes not reasonably within the control of the party
claiming such inability. It is understood and agreed that the settlement of strikes and lockouts
shall be entirely within the discretion of the party having the difficulty, and that the above
requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not
require the settlement of strikes and lockouts by acceding to the demands of the opposing party
or parties when such settlement is unfavorable in the judgment of the party having the difficulty
Prevailing Wage
It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage
legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the
Vendor to monitor the prevailing wage rates as established by the appropriate department of
labor for any increase in rates during the term of this contract and adjust wage rates
accordingly.
Termination
Either party may cancel this contract in whole or in part by providing written notice. The
cancellation will take effect 30 business days after the other party receives the notice of
cancellation. After the 30th business day all work will cease following completion of final
purchase order.
Open Records Policy
Because Region 14 ESC is a governmental entity responses submitted are subject to release
as public information after contracts are executed. If a vendor believes that its response, or
parts of its response, may be exempted from disclosure, the vendor must specify page-by-page
and line-by-line the parts of the response, which it believes, are exempt. In addition, the
respondent must specify which exception(s) are applicable and provide detailed reasons to
substantiate the exception(s).
The determination of whether information is confidential and not subject to disclosure is the duty
of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient
EXHIBIT A
information to render an opinion and therefore, vague and general claims to confidentiality by
the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG.
Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor.
Respondent are advised to consult with their legal counsel concerning disclosure issues
resulting from this procurement process and to take precautions to safeguard trade secrets and
other proprietary information.
EXHIBIT A
PROCESS
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes,
ordinances, rules, and regulations that govern its procurement practices. NCPA will assist
Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose
response is determined to be the most advantageous to Region 14 ESC, NCPA, and its
participating agencies. To qualify for evaluation, response must have been submitted on time,
and satisfy all mandatory requirements identified in this document.
Contract Administration
The contract will be administered by Region 14 ESC. The National Program will be administered
by NCPA on behalf of Region 14 ESC.
Contract Term
The contract term will be for three (3) year starting from the date of the award. The contract may
be renewed for up to two (2) additional one-year terms or any combination of time equally not
more than 2 years.
It should be noted that maintenance/service agreements may be issued for up to (5) years under
this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor
any maintenance agreements for the term of the agreement provided they are signed prior to the
termination or expiration of this contract.
Contract Waiver
Any waiver of any provision of this contract shall be in writing and shall be signed by the duly
authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this
contract shall not be deemed to constitute waiver thereof nor a waiver of any further or
additional right that such party may hold under this contract.
Price Increases
Should it become necessary, price increase requests may be submitted at any point during the
term of the contract by written amendment. Included with the request must be documentation
and/or formal cost justification for these changes. Requests will be formally reviewed, and if
justified, the amendment will be approved.
Products and Services Additions
New Products and/or Services may be added to the resulting contract at any time during the
term by written amendment, to the extent that those products and/or services are within the
scope of this RFP.
Competitive Range
It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the
competitive range are unacceptable and do not receive further award consideration.
EXHIBIT A
Deviations and Exceptions
Deviations or exceptions stipulated in response may result in disqualification. It is the intent of
Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.
Estimated Quantities
While no minimum volume is guaranteed, the estimated (but not limited to) annual volume for
Products and Services purchased under the proposed Master Agreement is $25 million dollars
annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales
within the NCPA program.
Evaluation
Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the
relevant statutes, ordinances, rules and regulations that govern its procurement practices.
NCPA will assist the lead agency in evaluating proposals. Recommendations for contract
awards will be based on multiple factors, each factor being assigned a point value based on its
importance.
Formation of Contract
A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms,
conditions, scope of work, and specifications contained in this request. A solicitation does not
become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a
signed Signature Form with the response thus, eliminating the need for a formal signing
process. Contract award letter issued by Region 14 ESC is the counter-signature document
establishing acceptance of the contract.
NCPA Administrative Agreement
The vendor will be required to enter and execute the National Cooperative Purchasing Alliance
Administration Agreement with NCPA upon award with Region 14 ESC. The agreement
establishes the requirements of the vendor with respect to a nationwide contract effort.
Clarifications/Discussions
Region 14 ESC may request additional information or clarification from any of the respondents
after review of the proposals received for the sole purpose of elimination minor irregularities,
informalities, or apparent clerical mistakes in the proposal. Clarification does not give
respondent an opportunity to revise or modify its proposal, except to the extent that correction of
apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14
ESC reserves the right to conduct discussions with those respondent’s whose proposals are
determined to be reasonably susceptible of being selected for award. Discussions occur when
oral or written communications between Region 14 ESC and respondent’s are conducted for the
purpose clarifications involving information essential for determining the acceptability of a
proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14
ESC will not assist respondent bring its proposal up to the level of other proposals through
discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to
neither obtain further consideration nor will it provide any information about other respondents’
proposals or prices.
EXHIBIT A
Multiple Awards
Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure
that any ensuing contracts fulfill current and future requirements of the diverse and large
number of participating public agencies.
Past Performance
Past performance is relevant information regarding a vendor’s actions under previously awarded
contracts; including the administrative aspects of performance; the vendor’s history of
reasonable and cooperative behavior and commitment to customer satisfaction; and generally,
the vendor’s businesslike concern for the interests of the customer.
EXHIBIT A
EVALUATION CRITERIA
Pricing (40 points)
Electronic Price Lists
•
Products, Services, Warranties, etc. price list
•
Prices listed will be used to establish both the extent of a vendor’s product lines,
services, warranties, etc. available from a particular bidder and the pricing per item.
Ability to Provide and Perform the Required Services for the Contract (25 points)
•
Product Delivery within participating entities specified parameters
•
Number of line items delivered complete within the normal delivery time as a percentage
of line items ordered.
•
Vendor’s ability to perform towards above requirements and desired specifications.
•
Past Cooperative Program Performance
•
Quantity of line items available that are commonly purchased by the entity.
•
Quality of line items available compared to normal participating entity standards.
References and Experience (20 points)
•
A minimum of ten (10) customer references for product and/or services of similar scope
dating within past 3 years
•
Respondent Reputation in marketplace
•
Past Experience working with public sector.
•
Exhibited understanding of cooperative purchasing
Value Added Products/Services Description, (8 points)
•
Additional Products/Services related to the scope of RFP
•
Marketing and Training
•
Minority and Women Business Enterprise (MWBE) and (HUB) Participation
•
Customer Service
Technology for Supporting the Program (7 points)
•
Electronic on-line catalog, order entry use by and suitability for the entity’s needs
•
Quality of vendor’s on-line resources for NCPA members.
•
Specifications and features offered by respondent’s products and/or services
EXHIBIT A
SIGNATURE FORM
The undersigned hereby proposes and agrees to furnish goods and/or services in strict
compliance with the terms, specifications and conditions at the prices proposed within response
unless noted in writing. The undersigned further certifies that he/she is an officer of the company
and has authority to negotiate and bind the company named below and has not prepared this bid
in collusion with any other Respondent and that the contents of this proposal as to prices, terms
or conditions of said bid have not been communicated by the undersigned nor by any employee
or agent to any person engaged in this type of business prior to the official opening of this
proposal.
Prices are guaranteed: 120 days
____________________________________________________________________________
Company Name
____________________________________________________________________________
Address
____________________________________________________________________________
City
State
Zip
___________________________________
___________________________________
Telephone Number
Fax Number
____________________________________________________________________________
Email Address
___________________________________
___________________________________
Printed Name
Position
____________________________________________________________________________
Authorized Signature
EXHIBIT A
TAB 2
NCPA ADMINISTRATION AGREEMENT
This Administration Agreement is made as of _________________________________, by and
between National Cooperative Purchasing Alliance (“NCPA”) and
____________________________________ (“Vendor”).
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated
_______________________, referenced as Contract Number _______________________, by
and between Region 14 ESC and Vendor, as may be amended from time to time in accordance
with the terms thereof (the “Master Agreement”), for the purchase of Document and Records
Management;
WHEREAS, said Master Agreement provides that any state, city, special district, local
government, school district, private K-12 school, technical or vocational school, higher
education institution, other government agency or nonprofit organization (hereinafter referred to
as “public agency” or collectively, “public agencies”) may purchase products and services at the
prices indicated in the Master Agreement;
WHEREAS, NCPA has the administrative and legal capacity to administer purchases
under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection
with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master
Agreement;
WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the
Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the
mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
General Terms and Conditions
•
The Master Agreement, attached hereto as Exhibit 1 and incorporated herein by
reference as though fully set forth herein, and the terms and conditions contained therein
shall apply to this Administration Agreement except as expressly changed or modified by
this Administration Agreement.
•
NCPA shall be afforded all of the rights, privileges and indemnifications afforded to
Region 14 ESC under the Master Agreement, and such rights, privileges and
indemnifications shall accrue and apply with equal effect to NCPA under this
Administration Agreement including, but not limited to, Contractor’s obligation to provide
appropriate insurance and certain indemnifications to Region 14 ESC.
EXHIBIT A
•
Contractor shall perform all duties, responsibilities and obligations required under the
Master Agreement in the time and manner specified by the Master Agreement.
•
NCPA shall perform all of its duties, responsibilities, and obligations as administrator of
purchases under the Master Agreement as set forth herein, and Contractor
acknowledges that NCPA shall act in the capacity of administrator of purchases under
the Master Agreement.
•
With respect to any purchases made by Region 14 ESC or any Participating Agency
pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-
marketer, representative, partner, or agent of any type of Contractor, Region 14 ESC, or
such Participating Agency, (b) shall not be obligated, liable or responsible (i) for any
orders made by Region 14 ESC, any Participating Agency or any employee of Region
14 ESC or Participating Agency under the Master Agreement, or (ii) for any payments
required to be made with respect to such order, and (c) shall not be obligated, liable or
responsible for any failure by the Participating Agency to (i) comply with procedures or
requirements of applicable law, or (ii) obtain the due authorization and approval
necessary to purchase under the Master Agreement. NCPA makes no representations
or guaranties with respect to any minimum purchases required to be made by Region 14
ESC, any Participating Agency, or any employee of Region 14 ESC or Participating
Agency under this Administration Agreement or the Master Agreement.
•
With respect to any supplemental agreement entered into between a Participating
Agency and Contractor pursuant to the Master Agreement, NCPA, its agents, members
and employees shall not be made party to any claim for breach of such agreement.
•
This Administration Agreement supersedes any and all other agreements, either oral or
in writing, between the parties hereto with respect to the subject matter hereof, and no
other agreement, statement, or promise relating to the subject matter of this
Administrative Agreement which is not contained herein shall be valid or binding.
•
Contractor agrees to allow NCPA to use their name and logo within website, marketing
materials and advertisement. Any use of NCPA name and logo or any form of publicity
regarding this Administration Agreement or the Master Agreement by Contractor must
have prior approval from NCPA.
•
If any action at law or in equity is brought to enforce or interpret the provisions of this
Administration Agreement or to recover any administrative fee and accrued interest, the
prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to
any other relief to which such party may be entitled.
•
Neither this Administration Agreement nor any rights or obligations hereunder shall be
assignable by Contractor without prior written consent of NCPA, provided, however, that
the Contractor may, without such written consent, assign this Administration Agreement
and its rights and delegate its obligations hereunder in connection with the transfer or
sale of all or substantially all of its assets or business related to this Administration
Agreement, or in the event of its merger, consolidation, change in control or similar
transaction. Any permitted assignee shall assume all assigned obligations of its assignor
under this Administration Agreement.
•
This Administration Agreement and NCPA’s rights and obligations hereunder may be
assigned at NCPA’s sole discretion, to an existing or newly established legal entity that
has the authority and capacity to perform NCPA’s obligations hereunder.
Term of Agreement
This Agreement shall be in effect so long as the Master Agreement remains in effect, provided,
however, that the obligation to pay all amounts owed by Vendor to NCPA through the
EXHIBIT A
termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive
the term of this Agreement.
Fees and Reporting
The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing
the dollar volume of all sales under the contract for the previous quarter. Reports are due on the
fifteenth (15th) day after the close of the previous quarter. It is the responsibility of the awarded
vendor to collect and compile all sales under the contract from participating members and
submit one (1) report. The report shall include at least the following information as listed in the
example below:
Entity Name
Zip Code
State
PO or Job #
Sale Amount
Total ____________
Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From
the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee
schedule below. Vendor’s annual sales shall be measured on a calendar year basis. Deadline
for term of payment will be included in the invoice NCPA provides.
Annual Sales Through Contract
Administrative Fee
0 - $30,000,000
2%
$30,000,001 - $50,000,000
1.5%
$50,000,001+
1%
Supplier shall maintain an accounting of all purchases made by Public Agencies under the
Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a
period of four (4) years from the date NCPA receives the accounting. In the event of such an
audit, the requested materials shall be provided at the location designated by Region 14 ESC or
NCPA. In the event such audit reveals an under reporting of Contract Sales and a resulting
underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such
underpayment, together with interest on such amount and shall be obligated to reimburse
NCPA’s costs and expenses for such audit.
EXHIBIT A
ACKNOWLEDGMENT OF CONTRACTOR REQUIREMENTS
___________________________________
Organization
___________________________________
Name
___________________________________
Title
___________________________________
Address
___________________________________
Address
___________________________________
Signature
___________________________________
Date
___________________________________
Vendor Name
___________________________________
Name
___________________________________
Title
___________________________________
Address
___________________________________
Address
___________________________________
Signature
___________________________________
Date
National Cooperative Purchasing Alliance
EXHIBIT A
TAB 3
VENDOR QUESTIONAIRE
Please provide responses to the following questions that address your company’s operations,
organization, structure, and processes for providing products and services.
Locations Covered
•
Bidder must indicate any and all locations where products and services can be offered.
•
Please indicate the price co-efficient for each location if it varies.
All 50 States & District of Columbia
(Selecting this box is equal to checking all boxes below)
Alabama
Illinois
Montana
Rhode Island
Alaska
Indiana
Nebraska
South Carolina
Arizona
Iowa
Nevada
South Dakota
Arkansas
Kansas
New Hampshire
Tennessee
California
Massachusetts
New Jersey
Texas
Colorado
Michigan
New Mexico
Utah
Connecticut
Minnesota
New York
Vermont
Delaware
Mississippi
North Carolina
Virginia
D.C.
Missouri
North Dakota
Washington
Florida
Kentucky
Ohio
West Virginia
Georgia
Louisiana
Oklahoma
Wisconsin
Hawaii
Maine
Oregon
Wyoming
Idaho
Maryland
Pennsylvania
All U.S. Territories and Outlying Areas
(Selecting this box is equal to checking all boxes below)
American Somoa
Northern Marina Island
Federated States of Micrones
Puerto Rico
Guam
U.S. Virgin Islands
Midway Islands
EXHIBIT A
All Canada Provinces and Territories
(Selecting this box is equal to checking all boxes below)
Alberta
Prince Edward Island
British Columbia
Quebec
Manitoba
Saskatchewan
New Brunswick
Northwest Territories
Newfoundland and Labrador
Nunavut
Nova Scotia
Yukon
Ontario
If awarded a Master Agreement, will your company extend the terms offered in your Proposal to
public agencies in Canada? If no or maybe, please explain.
Yes
Maybe
No
If awarded a Master Agreement, will your company extend the terms offered in your Proposal to
private sector customers?
Yes
Maybe
No
Minority and Women Business Enterprise (MWBE) and (HUB) Participation
It is the policy of some entities participating in NCPA to involve minority and women business
enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods
and services. Respondents shall indicate below whether or not they are an M/WBE or HUB
certified.
Minority/Women Business Enterprise
Historically Underutilized Business
Respondent Certifies that this firm
Respondent Certifies that this firm is a
a Minority / Women Business Enterprise
Historically Underutilized Business
Small Business, MWBE and HUB Growth
If Proposer is a Large, National or Multinational Organization/Corporation, what programs are in
place that partners or supports the growth of small and MWEB and HUB business? If yes,
please describe.
N/A, we are a recognized small, MWEB or HUB organization
No, we do not have any programs in place.
Yes, we have programs in place.
EXHIBIT A
Residency
Responding Company’s principal place of business is in the city of ______________________,
State of _________________.
Felony Conviction Notice
Please Check Applicable Box (If the 3rd box is checked, a detailed explanation of the names and
convictions must be attached):
A publicly held corporation; therefore, this reporting requirement is not applicable.
Is not owned or operated by anyone who has been convicted of a felony.
Is owned or operated by the following individual(s) who has/have been convicted of a felony
Distribution Channel
Which best describes your company’s position in the distribution channel:
Manufacturer Direct
Certified education/government reseller
Authorized Distributor
Manufacturer marketing through reseller
Value-added reseller
Other: ______________________________________
Processing Contact Information
Contact Person
__________________________________________________________
Title
__________________________________________________________
Company
__________________________________________________________
Address
__________________________________________________________
City/State/Zip
__________________________________________________________
Phone
__________________________________________________________
Email
__________________________________________________________
Pricing Information
In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all
future product introductions at prices that are proportionate to Contract Pricing. If answer is no,
attach a statement detailing how pricing for NCPA participants would be calculated for future
product introductions.
Yes
No
EXHIBIT A
Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated
based on the invoice price to the customer.
Yes
No
Cooperatives
List any other cooperative or state contracts currently held or in the process of securing.
Cooperative/State Agency
Discount
Offered
Expires
Annual Sales
Volume
EXHIBIT A
TAB 4
VENDOR PROFILE
Please provide the following information about your company:
•
Company’s official registered name.
•
Brief history of your company, including the year it was established.
•
Company’s Dun & Bradstreet (D&B) number.
•
Company’s organizational chart of those individuals that would be involved in the
contract.
•
Corporate office location.
o List the number of sales and services offices for states being bid in solicitation.
o List the names of key contacts at each with title, address, phone and e-mail
address.
•
Define your standard terms of payment.
•
Who is your competition in the marketplace?
•
Provide Annual Sales for last 3 years broken out into the following categories:
o Cities / Counties
o K-12
o Higher Education
o Other government agencies or nonprofit organizations
•
Provide the revenue that your organization anticipates each year for the first three (3)
years of this agreement.
$_________ in year one
$_________ in year two
$_________ in year three
•
What differentiates your company from competitors?
•
Describe how your company will market this contract if awarded.
•
Describe how you intend to introduce NCPA to your company.
•
Describe your firm’s capabilities and functionality of your on-line catalog / ordering
website.
•
Describe your company’s Customer Service Department (hours of operation, number of
service centers, etc.)
•
Green Initiatives (if applicable)
EXHIBIT A
o As our business grows, we want to make sure we minimize our impact on the
Earth’s climate. We are taking every step we can to implement innovative and
responsible environmental practices throughout NCPA to reduce our carbon
footprint, reduce waste, energy conservation, ensure efficient computing and
much more. To that effort we ask respondents to provide their companies
environmental policy and/or green initiative.
•
Anti-Discrimination Policy (if applicable)
o Describe your organizations’ anti-discrimination policy.
•
Vendor Certifications (if applicable)
o Provide a copy of all current licenses, registrations and certifications issued by
federal, state and local agencies, and any other licenses, registrations or
certifications from any other governmental entity with jurisdiction, allowing
respondent to perform the covered services including, but not limited to, licenses,
registrations, or certifications. Certifications can include M/WBE, HUB, and
manufacturer certifications for sales and service.
EXHIBIT A
TAB 5
PRODUCTS AND SERVICES
Respondent shall perform and provide these products and/or services under the terms of this
agreement. The supplier shall assist the end user with making a determination of their individual
needs.
Warranty
Proposal should address the following warranty information:
•
Applicable warranty and/or guarantees of equipment and installations including any
conditions and response time for repair and/or replacement of any components during
the warranty period.
•
Availability of replacement parts
•
Life expectancy of equipment under normal use
•
Detailed information as to proposed return policy on all equipment
Products
•
Vendor shall provide equipment, materials and products that are new unless otherwise
specified, of good quality and free of defects
Construction
•
Vendor shall perform services in a good and workmanlike manner and in accordance
with industry standards for the service provided.
The following is a list of suggested (but not limited to) Documents and Record Management
categories. List all categories along with manufacturer that you are responding with:
1. Categories
•
Enterprise Content Management
•
Workflow
•
Records Management
•
Records Storage
•
Document Imaging
•
Document Management
•
Data Backup & Recovery
•
Secure Shredding
•
Web-Form Software
•
Mobile Device Management
•
Document Process Automation
EXHIBIT A
2. Products and Services. The Contractor should offer the following services and products.
2.1 Discovery. Discovery/Assessment of Existing Records, System, and Policies/Procedures
shall include discovery/assessment sessions in order to develop a detailed assessment and
strategic roadmap for a comprehensive Records Management Program.
2.2 Tasks. Contractor shall perform the following tasks:
A. On-site assessment/discovery interview sessions, with teams from Participating
Agency’s departments/divisions, to identify record repositories and processes that result in
the generation of records from the following departments.
B. Assess current records requirements by the Participating Agency and types of records
generated (e.g., data, documents, messages, hardcopies, electronic/soft copies, etc.)
C. Systems utilized to store records for both current and legacy documents.
D. Current taxonomy and metadata implemented.
E. Existing data inventory systems from offsite record storage providers.
F. Systems utilized to store records for both current and legacy documents.
G. Evaluation of adherence to the current Retention Schedule/Record Destruction Policy -
Identification and evaluation of records generated (hard copy and/or electronic) –
Applicable federal, state, and local laws/regulations.
H. Current system used for record storage (current and archived).
I. Areas of potential record duplication.
2.3 System Capability. Contractors’ system should:
A. Be Compatible with all modern web browsers (Edge, Firefox, Chrome, Safari, etc.)
B. Utilize a mobile-friendly, responsive design that is compatible on iOS and Android Mobile
devices
C. Allow Participating Agency System Administrator to configure role-based permissions
and individual user permissions.
D. Allow users to enter search parameters to locate documents by reference number,
application name, document type, date received, site address and other entered
attributes.
EXHIBIT A
E. Allow Participating Agency Application Administrator to configure new folders, sub-
folders, document attributes, and document types without Contractor’s assistance.
Administrator can select whether confidential folders are visible in the customer-facing
interface.
F. Allow Users to configure their own search parameters to enable searching by a variety
of attributes, for example: reference number, date received, and document type.
G. Have options for onsite, cloud-based storage and hybrid-based storage
H. Allow Participating Agency to retain ownership of the data stored on the platform and the
ability to extract it in full at any time.
I. Allow the direct import of common electronic document types (such as, but not
limited to: TIF, PDF, JPG, Microsoft Office standard formats such as docx and xlsx).
J. Be easy to navigate, user-friendly user interface.
K. Allow for add-on for Microsoft Office Integration to enable import of emails directly into
system.
L. Allow for files can be uploaded by using a drag-and-drop system.
M. Allow Application administrator to upload document templates for use by users.
N. Enables storage of application presentation documents, such as PowerPoint
files, photographs and videos
O. Identify duplicate documents within a folder
2.5 Customer Facing Interface. The Customer Facing Interface should address the following
requirements:
A. Include a count of the total number of documents in a folder,
B. Enable the downloading and printing of documents,
C. Allow Administrator to redact sections of documents from public view if needed. Printed
and downloaded documents include the redaction in the downloaded version,
D. Ability to generate hyperlinks to specific documents within the system to allow these to
be used in reports, emails, etc,
E. Ability to select different languages and/or photos within the interface,
EXHIBIT A
F. ADA Compliant Interface,
G. At-a-glance status of applications based on input meta-data (i.e meta-data and attributes
can be added to application folders in addition to documents within folders to enable
application status to be published/summarized via a page on the Participating Agency’s
website.
2.6 Reporting and Management. The Electronic Document Management System should meet
the following requirements:
A. System generates reports of number of documents accessed, imported, uploaded,
edited and deleted. Results can be refined by user.
B. System collects information on when documents are accessed/ viewed/ modified and
downloaded.
C. System can generate reports on total size of all data stored in the system and,
depending on whether system is cloud-based, where data is being stored.
2.7 Testing. The Contractor shall complete all necessary implementation work in a professional
manner that meets the requirements of the Participating Agency. The Contractor shall ensure
that system is correctly configured to meet all Participating Agency functional requirements.
Contractor shall coordinate functional testing to ensure accuracy of configurations. Work shall
commence within 45 days of contract award.
2.8 Training. The Contractor shall provide resources experienced with developing and
executing training plans, including content development and delivery, to assist the Participating
Agency in meeting end-user training needs. Implementation shall occur in phases and
knowledge transfer shall be an ongoing process throughout the entire project. The Contractor
shall provide knowledge transfer both verbally and through written documentation and
procedures.
3. Deliverables. Contractor should develop the following deliverables in the assessment of the
Participating Agencies current system and proposed solution:
A. Work Plan/Timeline: Provide work timeline with estimated days/hours required to
complete the Discovery/Assessment of Existing Records, System, and Procedures.
B. Findings Report with comprehensive findings resulting from the
assessment/evaluations and onsite meeting completed.
C. Key Stakeholder Meeting: Conduct one on-site presentation of the gap analysis
findings identified form the assessment/ evaluations and onsite meetings to the
Participating Agency’s identified project team.
EXHIBIT A
D. Suggested retention processes that are applicable across various record generating
processes and systems.
E. Include costs and strategies for implementing such automated processes across
different enterprise systems.
F. A reduction of impacts to existing and future document users and resources, including
processes that access, use, generate, store or destroy documents (including minimizing
new requirements, responsibilities and processes related to managing documents).
G. Recommendations on maximizing the availability and accessibility of documents for
business and transparency purposes.
H. Recommendations on minimizing the long-term costs associated with managing
documents of all forms, including costs associated with onsite and offsite document filing,
storing and retrieving, as well as storing and backing up electronic documents.
I. Recommendations on minimizing Participating Agency’s liability associated with
retaining and destroying documents and comply with applicable regulations and laws.
J. Document destruction, transference and conversion guidelines.
K. Identify space (internal or external) and equipment necessary for filing records.
Determine if offsite records storage can be reduced for cost reduction for the Participating
Agency.
L. General guidance on executing strategies for successful adoption of new policies,
processes and procedures.
M. Recommendations for change management, training and other ongoing program
management activities such as self-auditing.
N. Additional recommendations as needed.
O. Work Plan/Schedule for recommendations and strategies (including milestones and
phases)
EXHIBIT A
TAB 6
REFERENCES
Provide at least ten (10) customer references for products and/or services of similar scope
dating within the past three (3) years. Please provide a range of references across all eligible
government entity groups including K-12, higher education, city, county, or non-profit entities.
All references should include the following information from the entity:
•
Entity Name
•
Contact Name and Title
•
City and State
•
Phone
•
Email
•
Years Serviced
•
Description of Services
•
Annual Volume
NCPA also accepts Procurated review scores to evaluate relationships with their customers.
Vendors without a current Procurated score will be rated based solely on the references
provided, and will not be penalized for lack of Procurated scoring. To find out your company’s
Procurated score please go to https://www.procurated.com.
EXHIBIT A
TAB 7
PRICING
Please submit price list electronically via our online Bonfire portal (pricing can be submitted as
Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in
price list. Prices submitted will be used to establish the extent of a respondent’s products and
services (Tab 5) that are available and also establish pricing per item.
Price lists must contain the following:
•
Product name and part number (include both manufacturer part number and respondent
part number if different from manufacturers).
•
Description
•
Vendor’s List Price
•
Percent Discount to NCPA participating entities
•
Software cost identified by unit cost, number of units and total cost
•
Annual maintenance cost that identifies the unit cost, number of units and total cost and
basis for annual increases.
•
Costs for professional services for installation, data conversion and training
•
An hourly rate for additional professional services listed by personnel or service
•
A listing of other direct costs.
Not To Exceed Pricing
•
NCPA requests pricing be submitted as “not to exceed pricing” for any participating
entity.
•
The awarded vendor can adjust submitted pricing lower but cannot exceed original
pricing submitted for solicitation.
•
NCPA requests that vendor honor lower pricing for similar size and scope purchases to
other members.
EXHIBIT A
TAB 8
VALUE ADDED PRODUCTS AND SERVICES
Include any additional products and/or services available that vendor currently performs in their
normal course of business that is not included in the scope of the solicitation that you think will
enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.
EXHIBIT A
TAB 9
REQUIRED DOCUMENTS
•
Federal Funds Certifications
•
Clean Air and Water Act & Debarment Notice
•
Contractors Requirements
•
Required Clauses for Federal Assistance by FTA
•
Federal Required Signatures
•
Antitrust Certification Statements Texas Government Code § 2155.005
•
State Notice Addendum
EXHIBIT A
FEDERAL FUNDS CERTIFICATIONS
Participating Agencies may elect to use federal funds to purchase under the Master Agreement.
The following certifications and provisions may be required and apply when a Participating
Agency expends federal funds for any purchase resulting from this procurement process.
Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the
Participating Agency and the Participating Agency’s subcontractors shall contain the
procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
address administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
•
Pursuant to Federal Rule (A) above, when a Participating Agency expends federal
funds, the Participating Agency and Offeror reserves all rights and privileges under the
applicable laws and regulations with respect to this procurement in the event of breach
of contract by either party.
(B) Termination for cause and for convenience by the grantee or subgrantee including the
manner by which it will be effected and the basis for settlement. (All contracts in excess of
$10,000)
•
Pursuant to Federal Rule (B) above, when a Participating Agency expends federal
funds, the Participating Agency reserves the right to terminate any agreement in excess
of $10,000 resulting from this procurement process in the event of a breach or default of
the agreement by Offeror as detailed in the terms of the contract
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive
Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41
CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor.”
•
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds
on any federally assisted construction contract, the equal opportunity clause is
incorporated by reference herein.
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
EXHIBIT A
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non- Federal entity must report all suspected or reported violations to
the Federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
•
Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds
during the term of an award for all contracts and subgrants for construction or repair,
offeror will be in compliance with all applicable Davis-Bacon Act provisions
•
Any Participating Agency will include any current and applicable prevailing wage
determination in each issued solicitation and provide Offeror with any required
documentation and/or forms that must be completed by Offeror to remain in compliance
the applicable Davis-Bacon Act provisions.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-Federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
•
Pursuant to Federal Rule (E) above, when a Participating Agency expends federal
funds, offeror certifies that offeror will be in compliance with all applicable provisions of
the Contract Work Hours and Safety Standards Act during the term of an award for all
contracts by Participating Agency resulting from this procurement process.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that “funding agreement,” the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and
any implementing regulations issued by the awarding agency.
EXHIBIT A
•
Pursuant to Federal Rule (F) above, when federal funds are expended by Participating
Agency, the offeror certifies that during the term of an award for all contracts by
Participating Agency resulting from this procurement process, the offeror agrees to
comply with all applicable requirements as referenced in Federal Rule (F) above
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000
must contain a provision that requires the non- Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
•
Pursuant to Federal Rule (G) above, when federal funds are expended by Participating
Agency, the offeror certifies that during the term of an award for all contracts by
Participating Agency member resulting from this procurement process, the offeror
agrees to comply with all applicable requirements as referenced in Federal Rule (G)
above
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
•
Pursuant to Federal Rule (H) above, when federal funds are expended by Participating
Agency, the offeror certifies that during the term of an award for all contracts by
Participating Agency resulting from this procurement process, the offeror certifies that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation by any federal department
or agency. If at any time during the term of an award the offeror or its principals
becomes debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation by any federal department or agency, the offeror
will notify the Participating Agency
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
•
Pursuant to Federal Rule (I) above, when federal funds are expended by Participating
Agency, the offeror certifies that during the term and after the awarded term of an award
for all contracts by Participating Agency resulting from this procurement process, the
EXHIBIT A
offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:
o No Federal appropriated funds have been paid or will be paid for on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with the
awarding of a Federal contract, the making of a Federal grant, the making of a
Federal loan, the entering into a cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of a Federal contract, grant,
loan, or cooperative agreement.
o If any funds other than 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 in connection with this Federal grant or
cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its
instructions.
o The undersigned shall require that the language of this certification be included in
the award documents for all covered sub-awards exceeding $100,000 in Federal
funds at all appropriate tiers and all subrecipients shall certify and disclose
accordingly.
RECORD RETENTION REQUIREMENTS FOR CONTRACTS
INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this
procurement process, offeror certifies that it will comply with the record retention requirements
detailed in 2 CFR § 200.334. The offeror further certifies that offeror will retain all records as
required by 2 CFR § 200.334 for a period of three years after grantees or subgrantees submit
final expenditure reports or quarterly or annual financial reports, as applicable, and all other
pending matters are closed.
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY
AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this
procurement process, offeror certifies that it will comply with the mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49
C.F.R. Part 18).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad
Administration, or Federal Transit Administration funds, offeror certifies that its products comply
with all applicable provisions of the Buy America Act and agrees to provide such certification or
applicable waiver with respect to specific products to any Participating Agency upon request.
Participating Agencies will clearly identify whether Buy America Provisions apply in any issued
solicitation. Purchases made in accordance with the Buy America Act must still follow the
applicable procurement rules calling for free and open competition.
EXHIBIT A
CERTIFICATION OF ACCESS TO RECORDS
Offeror agrees that the Inspector General of the Agency or any of their duly authorized
representatives shall have access to any non-financial documents, papers, or other records of
offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the
purpose of making audits, examinations, excerpts, and transcriptions. The right also includes
timely and reasonable access to offeror’s personnel for the purpose of interview and discussion
relating to such documents. This right of access will last only as long as the records are
retained.
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the
foregoing terms and conditions.
EXHIBIT A
CLEAN AIR AND WATER ACT AND DEBARMENT NOTICE
By the signature below (Under Federal Required Signatures), I, the Vendor, am in compliance
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970,
as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C.
1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part
15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting
violations to the grantor agency and to the United States Environment Protection Agency
Assistant Administrator for the Enforcement.
I hereby further certify that my company has not been debarred, suspended or otherwise
ineligible for participation in Federal Assistance programs under Executive Order 12549,
“Debarment and Suspension”, as described in the Federal Register and Rules and Regulations.
EXHIBIT A
CONTRACTOR REQUIRMENTS
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and
Nationality Act (FINA), and all other federal and state immigration laws and regulations. The
Contractor further warrants that it is in compliance with the various state statues of the states it
is will operate this contract in.
Participating Government Entities including School Districts may request verification of
compliance from any Contractor or subcontractor performing work under this Contract. These
Entities reserve the right to confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors
are not in compliance, they may pursue any and all remedies allowed by law, including, but not
limited to: suspension of work, termination of the Contract for default, and suspension and/or
debarment of the Contractor. All costs necessary to verify compliance are the responsibility of
the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires
compliance with federal immigration laws by State employers, State contractors and State
subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which
work is being performed.
Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month,
contractor shall submit a full set of fingerprints to the school district if requested of each person
or employee who may provide such service. Alternately, the school district may fingerprint those
persons or employees. An exception to this requirement may be made as authorized in
Governing Board policy. The district shall conduct a fingerprint check in accordance with the
appropriate state and federal laws of all contractors, subcontractors or vendors and their
employees for which fingerprints are submitted to the district. Contractor, subcontractors,
vendors and their employees shall not provide services on school district properties until
authorized by the District.
The offeror shall comply with fingerprinting requirements in accordance with appropriate
statutes in the state in which the work is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity
in which work is being performed.
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the
contractor does not have scrutinized business operations in Sudan and/or Iran.
EXHIBIT A
REQUIRED CLAUSES FOR FEDERAL ASSISTANCE
PROVIDED BY FTA
ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all non-financial books, records, accounts and reports required under this
Contract for a period of not less than two (2) years after the date of termination or
expiration of this Contract or any extensions thereof except in the event of litigation
or settlement of claims arising from the performance of this Contract, in which case
Contractor agrees to maintain same until the FTA Administrator, the U.S. DOT
Office of the Inspector General, the Comptroller General, or any of their duly
authorized representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto.
b) Permit any of the foregoing parties to inspect all non-financial work, materials, and
other data and records that pertain to the Project, and to audit the non-financial
books, records, and accounts that pertain to the Project and to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed
for the purpose of audit and examination. The right of access detailed in this
section continues only as long as the records are retained.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts.
CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as
amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of
1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. §
5332, Contractor or subcontractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national origin,
sex, marital status age, or disability. In addition, Contractor agrees to comply with
applicable Federal implementing regulations and other applicable implementing
requirements FTA may issue that are flowed to Contractor from Awarding
Participating Agency.
2) Equal Employment Opportunity. The following Equal Employment Opportunity
requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49
U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal
Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office
of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal
statutes, executive orders, regulations, and Federal policies that may affect
construction activities undertaken in the course of this Project. Contractor agrees
EXHIBIT A
to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color,
creed, national origin, sex, marital status, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, Contractor agrees to comply with any implementing requirements FTA
may issue that are flowed to Contractor from Awarding Participating Agency.
b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of
1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment
Opportunity Commission (EEOC) implementing regulations, “Age Discrimination
in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by
Contractor against individuals on the basis of age, including present and
prospective employees. In addition, Contractor agrees to comply with any
implementing requirements FTA may issue that are flowed to Contractor from
Awarding Participating Agency.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act
of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits
discrimination against qualified individuals with disabilities in programs, activities,
and services, and imposes specific requirements on public and private entities.
Contractor agrees that it will comply with the requirements of the Equal
Employment Opportunity Commission (EEOC), “Regulations to Implement the
Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR,
Part 1630, pertaining to employment of persons with disabilities and with their
responsibilities under Titles I through V of the ADA in employment, public
services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will
not maintain or provide for their employees any segregated facilities at any of
their establishments, and that they do not and will not permit their employees to
perform their services at any location under the Contractor’s control where
segregated facilities are maintained. As used in this certification the term
“segregated facilities” means any waiting rooms, work areas, restrooms and
washrooms, restaurants and other eating areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided
for employees which are segregated by explicit directive or are in fact segregated
on the basis of race, color, religion or national origin because of habit, local
custom, or otherwise. Contractor agrees that a breach of this certification will be
a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiation, made by Contractor
for work to be performed under a subcontract, including procurements of materials or
leases of equipment, each potential subcontractor or supplier shall be notified by
Contractor of Contractor's obligations under this Contract and the regulations relative
to non-discrimination on the grounds of race, color, creed, sex, disability, age or
national origin.
EXHIBIT A
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the
non-discrimination provisions of this Contract, Public Agency shall impose such
Contract sanctions as it or the FTA may determine to be appropriate, including, but
not limited to: 1) Withholding of payments to Contractor under the Contract until
Contractor complies, and/or; 2) Cancellation, termination or suspension of the
Contract, in whole or in part.
Contractor agrees to include the requirements of this clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA, modified only if necessary to identify the
affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
“Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to
ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an
equal opportunity to receive and participate in the performance of DOT-assisted contracts.
1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this Contract.
Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award
and administration of DOT-assisted contracts. Failure by Contractor to carry out
these requirements is a material breach of this Contract, which may result in the
termination of this Contract or other such remedy as public agency deems
appropriate. Each subcontract Contractor signs with a subcontractor must include
the assurance in this paragraph. (See 49 CFR 26.13(b)).
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work
under this prime Contract for satisfactory performance of that work no later than
thirty (30) days after Contractor’s receipt of payment for that Work from public
agency. In addition, Contractor is required to return any retainage payments to those
subcontractors within thirty (30) days after the subcontractor’s work related to this
Contract is satisfactorily completed and any liens have been secured. Any delay or
postponement of payment from the above time frames may occur only for good
cause following written approval of public agency. This clause applies to both DBE
and non-DBE subcontractors. Contractor must promptly notify public agency
whenever a DBE subcontractor performing Work related to this Contract is
terminated or fails to complete its Work, and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. Contractor
may not terminate any DBE subcontractor and perform that Work through its own
forces, or those of an affiliate, without prior written consent of public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will
cooperate with public agency in meeting its commitments and goals to ensure that
DBEs shall have the maximum practicable opportunity to compete for subcontract
work, regardless of whether a contract goal is set for this Contract. Contractor
agrees to use good faith efforts to carry out a policy in the award of its subcontracts,
agent agreements, and procurement contracts which will, to the fullest extent,
utilize DBEs consistent with the efficient performance of the Contract.
EXHIBIT A
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the State energy conservation plans issued under the Energy Policy and
Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, listed directly or by reference in the Contract between Public Agency and the FTA,
and those applicable regulatory and procedural updates that are communicated to Contractor by
Public Agency, as they may be amended or promulgated from time to time during the term of
this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The provisions include, in part, certain Standard Terms and Conditions required by the U.S.
Department of Transportation (DOT), whether or not expressly set forth in the preceding
Contract provisions. All contractual provisions required by the DOT and applicable to the scope
of a particular Contract awarded to Contractor by a Public Agency as a result of solicitation, as
set forth in the most current FTA Circular 4220.1F, published February 8th, 2016, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated
terms shall be deemed to control in the event of a conflict with other provisions contained in this
Contract. Contractor agrees not to knowingly perform any act, knowingly fail to perform any act,
or refuse to comply with any reasonable public agency requests that would directly cause public
agency to be in violation of the FTA terms and conditions.
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express
written consent and notwithstanding any concurrence by the Federal Government in or approval
of the solicitation or award of the underlying Contract, the Federal Government is not a party to
this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or
any other party (whether or not a party to that contract) pertaining to any matter resulting from
the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part
with federal assistance provided by the FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,
as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil
Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of
the underlying Contract, Contractor certifies or affirms, to the best of its knowledge, the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me
EXHIBIT A
made, pertaining to the underlying Contract or the FTA assisted project for which this Contract
Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it
makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems
appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the
right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor,
to the extent the Federal Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
EXHIBIT A
FEDERAL REQUIRED SIGNATURES
Offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted
in the pages above. It is further acknowledged that offeror agrees to comply with all federal,
state, and local laws, rules, regulations and ordinances as applicable.
Offeror
__________________________________________________________
Address
__________________________________________________________
City/State/Zip
__________________________________________________________
Authorized Signature __________________________________________________________
Date
__________________________________________________________
EXHIBIT A
ANTITRUST CERTIFICATION STATEMENTS
TEXAS GOVERNMENT CODE § 2155.005
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company,
corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any
provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this bid, neither I nor any representative of the Company has violated any
federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any
of the contents of this bid to a competitor of the Company or any other company, corporation,
firm, partnership or individual engaged in the same line of business as the Company.
Company Name
__________________________________________________________
Address
__________________________________________________________
City/State/Zip
__________________________________________________________
Telephone Number
__________________________________________________________
Fax Number
__________________________________________________________
Email Address
__________________________________________________________
Printed Name
__________________________________________________________
Title
__________________________________________________________
Authorized Signature __________________________________________________________
EXHIBIT A
STATE NOTICE ADDENDUM
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and
potential participants to include all county, city, special district, local government, school district,
private K-12 school, higher education institution, state, tribal government, other government
agency, healthcare organization, nonprofit organization and all other Public Agencies located
nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national
contract.
For your reference, the links below include some, but not all, of the entities included in this
proposal:
http://www.usa.gov/Agencies/State_and_Territories.shtml
https://www.usa.gov/local-governments
EXHIBIT A
NCPA
Document and Records Management RFP
Laserfiche
November 16, 2022
EXHIBIT A
3443 Long Beach Blvd.
Long Beach, CA 90807
800 - 985 - 8533 | 562 - 988 - 1688
November 16, 2022
Region 14 Education Service Center
1850 Highway 351
Abilene, Texas, 79601
Re:
National Cooperative Purchasing Alliance (NCPA) RFP # 36-22
for Document and Records Management
To Whom It May Concern:
We are pleased to submit the attached proposal in response to the NCPA RFP # 36-22 for Document and
Records Management. Compulink Management Center, Inc., doing business as Laserfiche, is the developer
of the award-winning Laserfiche® enterprise content management solutions, as well as a respected system
integrator and consultancy. We have a successful partnership historically with the NCPA contract for
Document and Records Management and believe that Laserfiche is a particularly good fit to continue meeting
Region 14 ESC’s goal of deploying content management as a foundational technology to assist public agencies
drive operational improvements and efficiencies.
Laserfiche is the document management solution of choice for many government and education institutions
throughout the world. Over our 30+ years in business, we have cultivated a strong understanding of the
business processes within government and education, allowing us to provide solutions which integrate with
both commercial and homegrown applications. We have worked hard to foster a sense of community
throughout our large and diverse customer base. Our public-sector customers constitute an exceptionally
active collection of users anchored by inspirational Laserfiche luminaries.
The Laserfiche software solutions platform is developed and licensed to be implemented as core
infrastructure technology for managing content and facilitating optimized business processes. The system
bundles functionality and provides for the deployment of servers and repositories so individual departments
have access to the tools they need to solve their specific business problems while the enterprise has complete
control over system topology. Laserfiche provides the ability to deploy multiple systems for production,
testing, development, and training to meet high availability, disaster recovery and changing development
needs.
Our proposal follows the format proscribed in the RFP as closely as possible. We have been as concise as
possible in our responses. We would be pleased to provide additional information related to this proposal,
including our proposed solutions, as requested.
Thank you for your time and consideration.
Sincerely,
Will Talbot
Head of Strategic Sales
1.562.988.1688 ext. 148
will.talbot@laserfiche.com
EXHIBIT A
Table of Contents
TAB 1 MASTER AGREEMENT – TERMS AND CONDITIONS ............................................................................ 5
SIGNATURE FORM............................................................................................................................ 9
TAB 2 NCPA ADMINISTRATION AGREEMENT ............................................................................................. 10
ACKNOWLEDGMENT OF CONTRACTOR REQUIREMENTS .............................................................. 13
TAB 3 VENDOR QUESTIONNAIRE ................................................................................................................ 14
TAB 4 VENDOR PROFILE .............................................................................................................................. 18
TAB 5 PRODUCTS AND SERVICES / SCOPE .................................................................................................. 23
TAB 6 REFERENCES ...................................................................................................................................... 29
TAB 7 PRICING ............................................................................................................................................. 32
TAB 8 VALUE ADDED PRODUCTS AND SERVICES ........................................................................................ 33
TAB 9 REQUIRED DOCUMENTS ................................................................................................................... 34
FEDERAL FUNDS CERTIFICATIONS ................................................................................................. 35
APPENDIX II TO 2 CFR PART 200 .................................................................................................... 35
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS ................ 38
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT ............. 38
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS ............................................ 38
CERTIFICATION OF ACCESS TO RECORDS....................................................................................... 39
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS ............................................................ 39
CLEAN AIR AND WATER ACT AND DEBARMENT NOTICE ............................................................... 40
CONTRACTOR REQUIRMENTS ........................................................................................................ 41
CONTRACTOR CERTIFICATION CONTRACTOR'S EMPLOYMENT ELIIGIBILITY ................................. 41
FINGERPRINT & BACKGROUND CHECKS ............................................................................ 41
BUSINESS OPERATIONS IN SUDAN, IRAN....................................................................................... 41
REQUIRED CLAUSES FOR FEDERAL ASSISTANCE PROVIDED BY FTA .............................................. 42
ACCESS TO RECORDS AND REPORTS .............................................................................................. 42
CIVIL RIGHTS / TITLE VI REQUIREMENTS ....................................................................................... 42
DISADVANTAGED BUSINESS PARTICIPATION ................................................................................ 44
ENERGY CONSERVATION REQUIREMENTS .................................................................................... 45
FEDERAL CHANGES ........................................................................................................................ 45
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ..................................... 45
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES .................................................... 45
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS .................................................... 45
FEDERAL REQUIRED SIGNATURES .................................................................................................. 47
EXHIBIT A
ANTITRUST CERTIFICATION STATEMENTS TEXAS GOVERNMENT CODE § 2155.005 .................... 48
STATE NOTICE ADDENDUM ........................................................................................................... 49
EXHIBIT A
TAB 1
MASTER AGREEMENT - GENERAL TERMS AND CONDITIONS
Customer Support
The vendor shall provide timely and accurate technical advice and sales support. The vendor
shall respond to such requests within one (1) working day after receipt of the request.
Disclosures
Respondent affirms that he/she has not given, offered to give, nor intends to give at any time
hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor or service to a public servant in connection with this contract.
The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at
independently, and is submitted without collusion with anyone to obtain information or gain any
favoritism that would in any way limit competition or give an unfair advantage over other
vendors in the award of this contract.
Renewal of Contract
Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew
for up to two (2) additional one-year terms or any combination of time equally not more than 2
years if agreed to by Region 14 ESC and the vendor.
Funding Out Clause
Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A
contract for the acquisition, including lease, of real or personal property is a commitment of the
entity’s current revenue only, provided the contract contains either or both of the following
provisions:
Retains to the entity the continuing right to terminate the contract at the expiration of each
budget period during the term of the contract and is conditioned on a best efforts attempt by the
entity to obtain appropriate funds for payment of the contract.
Shipments (if applicable)
The awarded vendor shall ship ordered products within seven (7) working days for goods
available and within four (4) to six (6) weeks for specialty items after the receipt of the order
unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify
the entity placing the order as to why the product has not shipped and shall provide an
estimated shipping date. At this point the participating entity may cancel the order if estimated
shipping time is not acceptable.
Tax Exempt Status
Since this is a national contract, knowing the tax laws in each state is the sole responsibility of
the vendor.
EXHIBIT A
Payments
The entity using the contract will make payments directly to the awarded vendor or their
affiliates (distributors/business partners/resellers) as long as written request and approval by
NCPA is provided to the awarded vendor.
Adding Authorized Distributors/Dealers
Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract
throughout the life of the contract. Vendor must receive written approval from NCPA before such
distributors/partners/resellers considered authorized.
Purchase orders and payment can only be made to awarded vendor or distributors/ business
partners/resellers previously approved by NCPA.
Pricing provided to members by added distributors or dealers must also be less than or equal to
the pricing offered by the awarded contract holder.
All distributors/partners/resellers are required to abide by the Terms and Conditions of the
vendor's agreement with NCPA.
Pricing
All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded
vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with
NCPA.
All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing
offered unless otherwise clearly stated in writing
Warranty
Proposal should address the following warranty information:
Applicable warranty and/or guarantees of equipment and installations including any
conditions and response time for repair and/or replacement of any components during
the warranty period.
Availability of replacement parts
Life expectancy of equipment under normal use
Detailed information as to proposed return policy on all equipment
Products: Vendor shall provide equipment, materials and products that are new unless
otherwise specified, of good quality and free of defects
Construction: Vendor shall perform services in a good and workmanlike manner and in
accordance with industry standards for the service provided.
Safety
Vendors performing services shall comply with occupational safety and health rules and
regulations. Also all vendors and subcontractors shall be held responsible for the safety of their
employees and any conditions that may cause injury or damage to persons or property.
EXHIBIT A
Permits
Since this is a national contract, knowing the permit laws in each state is the sole responsibility
of the vendor.
Indemnity
The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its
participants, administrators, employees and agents against all claims, damages, losses and
expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor
subcontractors in the preparation of the solicitation and the later execution of the contract.
Franchise Tax
The respondent hereby certifies that he/she is not currently delinquent in the payment of any
franchise taxes.
Supplemental Agreements
The entity participating in this contract and awarded vendor may enter into a separate
supplemental agreement to further define the level of service requirements over and above the
minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized
delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively
between the participating entity and awarded vendor.
Certificates of Insurance
Certificates of insurance shall be delivered to the Public Agency prior to commencement of
work. The insurance company shall be licensed in the applicable state in which work is being
conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days
notice prior to any modifications or cancellation of policies. The awarded vendor shall require all
subcontractors performing any work to maintain coverage as specified.
Legal Obligations
It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal
laws governing the sale of products/services identified in this RFP and any awarded contract
and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be
followed even if not specifically identified herein.
Protest
A protest of an award or proposed award must be filed in writing within ten (10) days from the
date of the official award notification and must be received by 5:00 pm CST. Protests shall be
filed with Region 14 ESC and shall include the following:
Name, address and telephone number of protester
Original signature of protester or its representative
Identification of the solicitation by RFP number
Detailed statement of legal and factual grounds including copies of relevant documents
and the form of relief requested
EXHIBIT A
Any protest review and action shall be considered final with no further formalities being
considered.
Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to
carry out its obligations under this Agreement then such party shall give notice and full
particulars of Force Majeure in writing to the other party within a reasonable time after
occurrence of the event or cause relied upon, and the obligation of the party giving such notice,
so far as it is affected by such Force Majeure, shall be suspended during the continuance of the
inability then claimed, except as hereinafter provided, but for no longer period, and such party
shall endeavor to remove or overcome such inability with all reasonable dispatch.
The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other
industrial disturbances, act of public enemy, orders and regulation of any kind of government of
the United States or any civil or military authority; insurrections; riots; epidemics; pandemic;
landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests;
restraint of government and people; civil disturbances; explosions, breakage or accidents to
machinery, pipelines or canals, or other causes not reasonably within the control of the party
claiming such inability. It is understood and agreed that the settlement of strikes and lockouts
shall be entirely within the discretion of the party having the difficulty, and that the above
requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not
require the settlement of strikes and lockouts by acceding to the demands of the opposing party
or parties when such settlement is unfavorable in the judgment of the party having the difficulty
Prevailing Wage
It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage
legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the
Vendor to monitor the prevailing wage rates as established by the appropriate department of
labor for any increase in rates during the term of this contract and adjust wage rates
accordingly.
Termination
Either party may cancel this contract in whole or in part by providing written notice. The
cancellation will take effect 30 business days after the other party receives the notice of
cancellation. After the 30th business day all work will cease following completion of final
purchase order.
Open Records Policy
Because Region 14 ESC is a governmental entity responses submitted are subject to release
as public information after contracts are executed. If a vendor believes that its response, or
parts of its response, may be exempted from disclosure, the vendor must specify page-by-page
and line-by-line the parts of the response, which it believes, are exempt. In addition, the
respondent must specify which exception(s) are applicable and provide detailed reasons to
substantiate the exception(s).
The determination of whether information is confidential and not subject to disclosure is the duty
of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient
EXHIBIT A
information to render an opinion and therefore, vague and general claims to confidentiality by
the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG.
Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor.
Respondent are advised to consult with their legal counsel concerning disclosure issues
resulting from this procurement process and to take precautions to safeguard trade secrets and
other proprietary information.
SIGNATURE FORM
The undersigned hereby proposes and agrees to furnish goods and/or services in strict
compliance with the terms, specifications and conditions at the prices proposed within response
unless noted in writing. The undersigned further certifies that he/she is an officer of the company
and has authority to negotiate and bind the company named below and has not prepared this bid
in collusion with any other Respondent and that the contents of this proposal as to prices, terms
or conditions of said bid have not been communicated by the undersigned nor by any employee
or agent to any person engaged in this type of business prior to the official opening of this proposal.
Prices are guaranteed: 120 days
Compulink Management Center, Inc. dba Laserfiche
Company Name
3443 Long Beach Blvd
Address
Long Beach
California
90807
City
State
Zip
562-988-1688
N/A
Telephone Number
Fax Number
notices@laserfiche.com
Email Address
Peter Wayman
President
Printed Name
Position
Authorized Signature
EXHIBIT A
TAB 2
NCPA ADMINISTRATION AGREEMENT
This Administration Agreement is made as of _______________, by and between National
Cooperative Purchasing Alliance (“NCPA”) and
Compulink Management Center, Inc. dba Laserfiche (“Vendor”).
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated
, referenced as Contract Number
, by
and between Region 14 ESC and Vendor, as may be amended from time to time in accordance
with the terms thereof (the “Master Agreement”), for the purchase of Document and Records
Management;
WHEREAS, said Master Agreement provides that any state, city, special district, local
government, school district, private K-12 school, technical or vocational school, higher
education institution, other government agency or nonprofit organization (hereinafter referred to
as “public agency” or collectively, “public agencies”) may purchase products and services at the
prices indicated in the Master Agreement;
WHEREAS, NCPA has the administrative and legal capacity to administer purchases
under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection
with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master
Agreement;
WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the
Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the
mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
General Terms and Conditions
The Master Agreement, attached hereto as Exhibit 1 and incorporated herein by
reference as though fully set forth herein, and the terms and conditions contained therein
shall apply to this Administration Agreement except as expressly changed or modified by
this Administration Agreement.
NCPA shall be afforded all of the rights, privileges and indemnifications afforded to
Region 14 ESC under the Master Agreement, and such rights, privileges and
indemnifications shall accrue and apply with equal effect to NCPA under this
Administration Agreement including, but not limited to, Contractor’s obligation to provide
appropriate insurance and certain indemnifications to Region 14 ESC.
December 8, 2022
December 8, 2022
01-158
EXHIBIT A
Contractor shall perform all duties, responsibilities and obligations required under the
Master Agreement in the time and manner specified by the Master Agreement.
NCPA shall perform all of its duties, responsibilities, and obligations as administrator of
purchases under the Master Agreement as set forth herein, and Contractor
acknowledges that NCPA shall act in the capacity of administrator of purchases under
the Master Agreement.
With respect to any purchases made by Region 14 ESC or any Participating Agency
pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-
marketer, representative, partner, or agent of any type of Contractor, Region 14 ESC, or
such Participating Agency, (b) shall not be obligated, liable or responsible (i) for any
orders made by Region 14 ESC, any Participating Agency or any employee of Region
14 ESC or Participating Agency under the Master Agreement, or (ii) for any payments
required to be made with respect to such order, and (c) shall not be obligated, liable or
responsible for any failure by the Participating Agency to (i) comply with procedures or
requirements of applicable law, or (ii) obtain the due authorization and approval
necessary to purchase under the Master Agreement. NCPA makes no representations
or guaranties with respect to any minimum purchases required to be made by Region 14
ESC, any Participating Agency, or any employee of Region 14 ESC or Participating
Agency under this Administration Agreement or the Master Agreement.
With respect to any supplemental agreement entered into between a Participating
Agency and Contractor pursuant to the Master Agreement, NCPA, its agents, members
and employees shall not be made party to any claim for breach of such agreement.
This Administration Agreement supersedes any and all other agreements, either oral or
in writing, between the parties hereto with respect to the subject matter hereof, and no
other agreement, statement, or promise relating to the subject matter of this
Administrative Agreement which is not contained herein shall be valid or binding.
Contractor agrees to allow NCPA to use their name and logo within website, marketing
materials and advertisement. Any use of NCPA name and logo or any form of publicity
regarding this Administration Agreement or the Master Agreement by Contractor must
have prior approval from NCPA.
If any action at law or in equity is brought to enforce or interpret the provisions of this
Administration Agreement or to recover any administrative fee and accrued interest, the
prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to
any other relief to which such party may be entitled.
Neither this Administration Agreement nor any rights or obligations hereunder shall be
assignable by Contractor without prior written consent of NCPA, provided, however, that
the Contractor may, without such written consent, assign this Administration Agreement
and its rights and delegate its obligations hereunder in connection with the transfer or
sale of all or substantially all of its assets or business related to this Administration
Agreement, or in the event of its merger, consolidation, change in control or similar
transaction. Any permitted assignee shall assume all assigned obligations of its assignor
under this Administration Agreement.
This Administration Agreement and NCPA’s rights and obligations hereunder may be
assigned at NCPA’s sole discretion, to an existing or newly established legal entity that
has the authority and capacity to perform NCPA’s obligations hereunder.
Term of Agreement
This Agreement shall be in effect so long as the Master Agreement remains in effect, provided,
however, that the obligation to pay all amounts owed by Vendor to NCPA through the
EXHIBIT A
termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive
the term of this Agreement.
Fees and Reporting
The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing
the dollar volume of all sales under the contract for the previous quarter. Reports are due on the
fifteenth (15th) day after the close of the previous quarter. It is the responsibility of the awarded
vendor to collect and compile all sales under the contract from participating members and
submit one (1) report. The report shall include at least the following information as listed in the
example below:
Entity Name
Zip Code
State
PO or Job #
Sale Amount
Total
Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From
the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee
schedule below. Vendor’s annual sales shall be measured on a calendar year basis. Deadline
for term of payment will be included in the invoice NCPA provides.
Annual Sales Through Contract
Administrative Fee
0 - $30,000,000
2%
$30,000,001 - $50,000,000
1.5%
$50,000,001+
1%
Supplier shall maintain an accounting of all purchases made by Public Agencies under the
Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a
period of four (4) years from the date NCPA receives the accounting. In the event of such an
audit, the requested materials shall be provided at the location designated by Region 14 ESC or
NCPA. In the event such audit reveals an under reporting of Contract Sales and a resulting
underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such
underpayment, together with interest on such amount and shall be obligated to reimburse
NCPA’s costs and expenses for such audit.
EXHIBIT A
ACKNOWLEDGMENT OF CONTRACTOR REQUIREMENTS
National Cooperative Purchasing Alliance
Organization
Compulink Management Center, Inc. dba
Laserfiche
Vendor Name
Peter Wayman
Name
Name
President
Title
Title
3443 Long Beach Blvd
Address
Address
Long Beach, CA 90807
Address
Address
Signature
Signature
Date
Date
Matthew Mackel
Director, Business Development
PO Box 701273
Houston, TX 77270
December 8, 2022
EXHIBIT A
TAB 3
VENDOR QUESTIONAIRE
Please provide responses to the following questions that address your company’s operations,
organization, structure, and processes for providing products and services.
Locations Covered
Bidder must indicate any and all locations where products and services can be offered.
Please indicate the price co-efficient for each location if it varies.
X All 50 States & District of Columbia
(Selecting this box is equal to checking all boxes below)
Alabama
Illinois
Montana
Rhode Island
Alaska
Indiana
Nebraska
South Carolina
Arizona
Iowa
Nevada
South Dakota
Arkansas
Kansas
New Hampshire
Tennessee
California
Massachusetts
New Jersey
Texas
Colorado
Michigan
New Mexico
Utah
Connecticut
Minnesota
New York
Vermont
Delaware
Mississippi
North Carolina
Virginia
D.C.
Missouri
North Dakota
Washington
Florida
Kentucky
Ohio
West Virginia
Georgia
Louisiana
Oklahoma
Wisconsin
Hawaii
Maine
Oregon
Wyoming
Idaho
Maryland
Pennsylvania
X All U.S. Territories and Outlying Areas
(Selecting this box is equal to checking all boxes below)
American Somoa
Northern Marina Island
Federated States of Micrones
Puerto Rico
Guam
U.S. Virgin Islands
Midway Islands
EXHIBIT A
X All Canada Provinces and Territories
(Selecting this box is equal to checking all boxes below)
Alberta
Prince Edward Island
British Columbia
Quebec
Manitoba
Saskatchewan
New Brunswick
Northwest Territories
Newfoundland and Labrador
Nunavut
Nova Scotia
Yukon
Ontario
If awarded a Master Agreement, will your company extend the terms offered in your Proposal to
public agencies in Canada? If no or maybe, please explain.
X Yes
Maybe
No
If awarded a Master Agreement, will your company extend the terms offered in your Proposal to
private sector customers?
X Yes
Maybe
No
Minority and Women Business Enterprise (MWBE) and (HUB) Participation
It is the policy of some entities participating in NCPA to involve minority and women business
enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods
and services. Respondents shall indicate below whether or not they are an M/WBE or HUB
certified.
Minority/Women Business Enterprise
Respondent Certifies that this firm
a Minority / Women Business Enterprise
Historically Underutilized Business
Respondent Certifies that this firm is a
Historically Underutilized Business
Small Business, MWBE and HUB Growth
If Proposer is a Large, National or Multinational Organization/Corporation, what programs are in
place that partners or supports the growth of small and MWEB and HUB business? If yes,
please describe.
N/A, we are a recognized small, MWEB or HUB organization
X No, we do not have any programs in place.
Yes, we have programs in place.
EXHIBIT A
Residency
Responding Company’s principal place of business is in the city of Long Beach,
,
State of California.
Felony Conviction Notice
Please Check Applicable Box (If the 3rd box is checked, a detailed explanation of the names and
convictions must be attached):
A publicly held corporation; therefore, this reporting requirement is not applicable.
X Is not owned or operated by anyone who has been convicted of a felony.
Is owned or operated by the following individual(s) who has/have been convicted of a felony
Distribution Channel
Which best describes your company’s position in the distribution channel:
X Manufacturer Direct
Certified education/government reseller
Authorized Distributor
Manufacturer marketing through reseller
Value-added reseller
Other:
Processing Contact Information
Contact Person
Courtney Pugh
Title
Assistant Program Manager
Company
Compulink Management Center, Inc. dba Laserfiche
Address
3443 Long Beach Blvd
City/State/Zip
Long Beach, CA 90807
Phone
562-988-1688
Email
Courtney.Pugh@Laserfiche.com
Pricing Information
In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all
future product introductions at prices that are proportionate to Contract Pricing. If answer is no,
attach a statement detailing how pricing for NCPA participants would be calculated for future
product introductions.
X Yes
No
EXHIBIT A
Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated
based on the invoice price to the customer.
X Yes
No
EXHIBIT A
TAB 4
VENDOR PROFILE
Company’s official registered name
Compulink Management Center, Inc. DBA Laserfiche
Company History
Since 1987, Laserfiche Enterprise Content Management software has been trusted by
organizations worldwide to manage, secure, and share information. As a privately-held
company based in California, Laserfiche develops solutions for capture, workflow, forms, e-
signatures and case management that help organizations drive business value—and make
timely, informed decisions. Laserfiche represents a unique combination of stability and
innovation within the Enterprise Content Management industry. Stability within the
management and development teams and sustained, consistent profitability has allowed
Laserfiche to follow a long-term strategy without distraction from short-term pressures.
Unparalleled customer loyalty and satisfaction are hallmarks of doing things the right way
for decades.
Laserfiche utilizes an integrated architecture that allows services such as document
imaging, document management and records management to be layered transparently and
exposed through personalized interfaces. With a comprehensive set of tools designed
specifically to work together, Laserfiche provides the ability to design and build creative
solutions to complex business problems that break patterns developed over 30 years of
doing things the way they have always been done.
Usability and accessibility are primary design considerations for every Laserfiche
application. All administrative, design and configuration interfaces benefit from the same
user focused design applied to user facing applications. This approach ensures that
implementing, configuring, and maintaining a Laserfiche system does not require highly
specialized technical skills, which makes it easy to rapidly expand system usage while
minimizing total cost of ownership.
Dun & Bradstreet (D&B) number.
086512134
Organizational Chart
EXHIBIT A
Corporate Location and Contact Info
Laserfiche Headquarters - 3443 Long Beach Blvd, Long Beach, CA 90807
Name: Will Talbot
Title: Head of Strategic Sales
Telephone: 1.562.988.1688 x 148
Mobile: 1.562.253.1499
E-mail: will.talbot@laserfiche.com
Standard terms of payment
We sell direct and through a reseller channel. For our direct customers, the standard term is
net 30. For our resellers with a credit line, standard term is net 30, except for expired LSSP
orders for which standard term is “Due upon Receipt”. For our new resellers, the standard
term of payment is prepaid.
Competition in the Marketplace
We provide Enterprise Content Management solutions, so our competition ranges from
industry specific document management providers to other ECM solutions. We have been
recognized by analysts for being the best value ECM solution (InfoTech) and are
consistently rated as one of the leaders in the ECM industry. Laserfiche defines the
Transactional Content Management niche.
Financial Information
Financial information may be provided directly under separate cover to prospective
customers with signed nondisclosure agreements.
Company Differentiation
Laserfiche is the leading provider of intelligent content management and business
process automation. Laserfiche's robust digital transformation tools — including powerful
workflows, electronic forms, document management, and analytics — enable
organizations to configure solutions that meet their diverse needs. At the same time,
Laserfiche provides low-code and no-code process automation that empowers business
users to create and deploy solutions quickly. The Laserfiche Solution Marketplace is a
powerful example of this approach, with 150-plus prebuilt solution templates aimed at
helping jumpstart process automation and digital transformation, which range from
common business processes (such as new hire onboarding, accounts payable and
contract management) to individual industry or organization needs (such as student
registration and enrollment, transportation request or student accident report forms).
Users can quickly deploy their own automated workflows or connect Laserfiche to other
applications faster using these prebuilt solutions, which follow industry-vetted designs and
best practices.
Laserfiche’s development approach incorporates innovations in machine learning and AI
to enable organizations in more than 80 countries to transform into digital businesses.
Customers in the most highly regulated industries — including government, education,
financial services, healthcare, and manufacturing — use Laserfiche to boost productivity,
scale their business and deliver digital-first customer experiences. With DoD 5015.2
version 3-certified electronic records management, Laserfiche facilitates organizations'
compliance with various regulatory requirements, additionally maintaining a set of industry
compliance certifications and attestations itself such as SOC2 Type 2 Plus, HECVAT,
DoD 5015.2 v3 certification. ISO 27001 is in progress.
EXHIBIT A
Laserfiche has also fostered an active user community, comprising customers who are
very enthusiastic about sharing the solutions they’ve built and what they’ve achieved with
Laserfiche. This knowledge sharing is incredibly value to users looking to learn and
otherwise be inspired by others' digital transformation initiatives.
Marketing of the Contract if Awarded
With NCPA permission, we would market this partnership through the following channels:
•
Press Release announcing the contract
•
Announce the contract to our resellers and educate them on its use
•
Partner with NCPA in the future to publicize implementations (with customer
approval) and technological innovation at Laserfiche.
Introduction of NCPA to Company
Laserfiche would introduce NCAP to the entire company through email and company
intranet, sharing the public press release. We will also educate our sales organization on
the contract through our weekly sales enablement meeting.
Online Ordering
Our online catalog, the Laserfiche Ordering System, allows our resellers to place
orders for their customers for current Laserfiche software. Resellers and
Laserfiche Sales Representatives can then monitor and follow up with customer
orders.
Customer Service Department
Our support team can be reached from 6:00 A.M. to 5:00 P.M. Pacific Standard Time,
Monday through Friday, excluding holidays, at: (562) 988-1688
We also have a support portal, the Laserfiche Support Site
(https://support.laserfiche.com)
General questions may be emailed to info@laserfiche.com
Green Initiatives
Laserfiche is committed to building and supporting the paperless office. Not only does this
drive efficiency in our daily work, but it also helps to preserve our finite resources. This also
supports our customers’ green initiatives, by enabling them to build a paperless office.
As our business grows, we want to make sure we minimize our impact on the Earth’s
climate. We are taking every step we can to implement innovative and responsible
environmental practices to reduce our carbon footprint, reduce waste, energy conservation,
ensure efficient computing and much more.
Laserfiche's corporate social responsibility (CSR) program demonstrates continuing
commitment to the company's employees, the local and global community and society-at-
large. As a part of that commitment, mitigating impact on the environment is one of its pillars.
As an electronic content management company, the very nature of Laserfiche’s software
promotes paperless business operations through secure electronic records storage and
process automation. Laserfiche’s green initiatives focus on reducing our carbon footprint
and improving our environmental impact through sustainable, mindful practices and
environmental initiatives that preserve resources.
The new Laserfiche Headquarters in Long Beach was completed in early 2022. With
EXHIBIT A
sustainability and wellness at the forefront of the buildings’ design, environmentally friendly
building materials were used. Laserfiche recently submitted for Leadership in Energy and
Environmental Design (LEED) Gold Certification, the globally recognized symbol of
sustainability achievement and leadership. As the most widely used green building rating
system in the world, it provides a framework for healthy, highly efficient green buildings.
The headquarters' parking garage encourages sustainable practices, with 21 carpool spots,
16 EV charging stations and a 700+ square foot bike station with 52 bike parking spaces, 2
pumps, and mechanical stations to support employees biking to work. The white building
and cooling roof reduces the heat island effect while water retention planters help capture
water to re-use, minimizing water run-off during a storm. To promote waste reduction,
Laserfiche provides a 3-stream waste program, providing education on waste and
receptacles for trash, recycling, and compost.
Windows on each floor maximize the use of natural daylight, while minimizing electricity
usage and the attached fins provide shade. Additionally, a special window glazing helps
minimize glare from the sun and lessen heat absorption. All lights are motion-censored to
save electricity when areas are not in use.
The building features local, cradle-to-cradle recycled carpet, EnergyStar appliances and
WaterSense fixtures. To prevent waste of paper and plastic, there are filtered water stations
on every floor. Biophilic design of the building provides access to the outdoors, which live
plants are scatter throughout the building.
When upgrading to more efficient technology and infrastructure, Laserfiche donates the
technology to the nonprofit, Human-I-T, diverting technology from landfills. Since 2018,
Laserfiche has diverted 20,578 pounds of technology, which is then repurposed and
provided to communities to help bridge the digital divide.
Laserfiche has also partnered with the iDig Long Beach for the 10,000 trees by 2022
initiative. Laserfiche employees have helped plant and maintain street trees in Long Beach
to
combat
air
pollution
and
create
an
urban
forest.
Learn
more
here:
https://laserfiche1.wistia.com/medias/byndbyp9uw?wtime=0. Furthermore, as part of our
Laserfiche's Empower user conference, the company asked visitors to share their
sustainability initiatives and planted over 600 trees on their behalf.
Anti-Discrimination Policy
Laserfiche is an equal opportunity employer. In accordance with applicable law, we prohibit
discrimination and harassment against employees, applicants for employment, individuals
providing services in the workplace pursuant to a contract, interns, and volunteers
based on their actual or perceived: race (including traits historically associated with race,
such as hair texture and protective hairstyles), religious creed, color, national origin,
ancestry, physical or mental disability, medical condition, genetic information, marital
status (including registered domestic partnership status), sex and gender (including
pregnancy, childbirth, lactation, and related medical conditions), gender identity and gender
expression (including transgender individuals who are transitioning, have transitioned, or
are perceived to be transitioning to the gender with which they identify), age (40 and over),
sexual orientation, Civil Air Patrol status, military and veteran status, and any other
consideration protected by federal, state, or local law (collectively referred to as “protected
characteristics”).
Discrimination on the basis of “national origin” also includes discrimination against an
individual because that person holds or presents the California driver license issued to those
EXHIBIT A
who cannot document their lawful presence in the United States, as well as discrimination
based upon any of the following: an individual’s or individual’s ancestors’ actual or
perceived physical, cultural, or linguistic characteristics associated with a national origin
group; marriage to or association with individuals of a national origin group; tribal affiliation;
membership in or association with an organization identified with or seeking to promote the
interests of a national origin group; attendance or participation in schools, churches,
temples, mosques, or other religious institutions generally used by persons of a national
origin group; or a name that is associated with a national origin group. An employee’s or
applicant for employment’s immigration status will not be considered for any employment
purpose except as necessary to comply with federal, state, or local law. Laserfiche allows
employees to self-identify their gender, name, and/or pronoun, including gender-neutral
pronouns. Laserfiche will use an employee’s gender or legal name as indicated on a
government-issued identification document, only as necessary to meet an obligation
mandated by law. Otherwise, the Company will identify the employee in accordance with
the employee’s current gender identity and preferred name.
Laserfiche will not tolerate discrimination or harassment based upon these protected
characteristics or any other characteristic protected by applicable federal, state, or local
law. Laserfiche also does not retaliate or otherwise discriminate against applicants or
employees who request a reasonable accommodation for reasons related to disability or
religion. Our commitment to equal opportunity employment applies to all persons involved
in our operations and prohibits unlawful discrimination and harassment by any employee,
including supervisors and co-workers.
Vendor Certifications
Laserfiche currently has DoD 5015.2 v3 certification, HECVAT certification and a SOC II
PLUS available (provided with signed NDA). ISO 27001 certification in progress.
EXHIBIT A
TAB 5
PRODUCTS AND SERVICES
Laserfiche will perform and provide its products and/or services under the terms of this
agreement with NCPA as well as the terms of its Cloud Subscription Agreement, End User
License Agreement and/or Laserfiche Services Agreement, as applicable. Laserfiche will assist
the end user with marking a determination of their individual needs.
See above referenced agreements for warranty, indemnification and other legal standard
provisions.
The following is a list of Documents and Record Management categories offered by Laserfiche:
1. Categories
•
Enterprise Content Management
•
Workflow
•
Records Management
•
Records Storage
•
Intelligent Content Capture
•
Document Imaging
•
Document Management
•
Data Backup & Recovery
•
eForm Software
•
Mobile Access
•
Process Automation
All products in the Laserfiche product line are manufactured by Laserfiche, and details regarding
functionality can be found on our website at www.laserfiche.com.
EXHIBIT A
2. Products and Services. Laserfiche will offer the following products and services:
2.1 Discovery. Discovery/Assessment of Existing Records, System, and Policies/Procedures
shall include discovery/assessment sessions in order to develop a detailed assessment and
strategic roadmap for a comprehensive Records Management Program.
Laserfiche typically performs discovery workshops as the first step in process initiation and
work with our customers. From these sessions, we can provide a detailed assessment of the
current state and a roadmap/plan to develop a comprehensive Records Management
Program within the Laserfiche platform.
2.2 Tasks. Laserfiche will perform the following tasks:
A. On-site assessment/discovery interview sessions, with teams from Participating
Agency’s departments/divisions, to identify record repositories and processes that result in
the generation of records from the following departments.
B. Assess current records requirements by the Participating Agency and types of records
generated (e.g., data, documents, messages, hardcopies, electronic/soft copies, etc.)
C. Systems utilized to store records for both current and legacy documents.
D. Current taxonomy and metadata implemented.
E. Existing data inventory systems from offsite record storage providers.
F. Systems utilized to store records for both current and legacy documents.
G. Evaluation of adherence to the current Retention Schedule/Record Destruction Policy
Identification and evaluation of records generated (hard copy and/or electronic) –
Applicable federal, state, and local laws/regulations.
H. Current system used for record storage (current and archived).
I. Areas of potential record duplication.
Laserfiche project lifecycles cover the above tasks. Initial discussions are required to
determine exactly what migrations from legacy systems would require. It is Laserfiche's
expectation that after a migration all content, Laserfiche would become the source of truth
for documents. Any risk of record duplication would be cleared up in the migration plan.
2.3 System Capability. Laserfiche solutions:
A. Are compatible with all modern web browsers (Edge, Firefox, Chrome, Safari, etc.)
Laserfiche is supported on the latest versions of Chrome, Microsoft Edge (Chromium),
Firefox, and Safari for iOS.
B. Utilize a mobile-friendly, responsive design that is compatible on iOS and Android Mobile
devices
C. Allow Participating Agency System Administrator to configure role-based permissions
and individual user permissions.
EXHIBIT A
System administrators can set security permissions and feature rights on an
individual or group basis.
D. Allow users to enter search parameters to locate documents by reference number,
application name, document type, date received, site address and other entered
attributes.
These metadata fields can be applied to all files/folders stored in the repository
and used in search.
E. Allow Participating Agency Application Administrator to configure new folders,
sub- folders, document attributes, and document types without Contractor’s
assistance. Administrator can select whether confidential folders are visible in the
customer-facing interface.
Admin users can configure security rights, including visibility, on all files within the
repository. Authorized users can create new folders, sub folders, metadata fields,
templates, or document types, and configure other settings based on their
assigned rights.
F. Allow Users to configure their own search parameters to enable searching by a variety of
attributes, for example: reference number, date received, and document type.
Users can filter their searches by metadata fields (reference number, date, document
type, or any other fields that are configured by authorized users.) These searches can
also be saved and reused if needed.
G. Have options for onsite, cloud-based storage and hybrid-based storage
Laserfiche is available in either a Cloud SaaS system or Self-hosted system. Self-hosted
systems can be hosted on an organization's onsite servers and/or Cloud environments such
as Azure or AWS.
H. Allow Participating Agency to retain ownership of the data stored on the platform and
the ability to extract it in full at any time.
I. Allow the direct import of common electronic document types (such as, but not limited
to: TIF, PDF, JPG, Microsoft Office standard formats such as docx and xlsx).
All file types that can be stored within a Windows system can also be stored in the
Laserfiche Repository.
J. Are easy to navigate, user-friendly user interface.
Laserfiche provides a friendly user experience by delivering a modern, intuitive user
interface.
K. Allow for add-on for Microsoft Office Integration to enable import of emails directly into
system.
Laserfiche has a user-friendly Microsoft Outlook integration that allows users to import
emails with only a couple of clicks.
L. Allow for files can be uploaded by using a drag-and-drop system.
M. Allow Application administrator to upload document templates for use by users.
N. Enable storage of application presentation documents, such as PowerPoint
files, photographs and videos
All files that can be saved on a Windows device can be uploaded into the
EXHIBIT A
repository.
O. Identify duplicate documents within a folder
Depending on the Repository setup, workflow can be used to identify duplicate documents in
a folder based on configured rules (such as when file names match).
2.5 Customer Facing Interface. The Laserfiche User Interface addresses the following
requirements:
A. Include a count of the total number of documents in a folder,
B. Enable the downloading and printing of documents
C. Allow Administrator to redact sections of documents from public view if needed. Printed
and downloaded documents include the redaction in the downloaded version,
Annotations, such as redactions, can be applied to document pages. Redactions will
be included in downloaded versions of documents. When downloading document
pages as PDFs, users can choose to convert Laserfiche annotations to PDF
annotations upon download.
D. Ability to generate hyperlinks to specific documents within the system to allow these to
be used in reports, emails, etc,
Please note that depending on how the document link is sent, users will still need to
login to view the document.
E. Ability to select different languages and/or photos within the interface,
Laserfiche offers several language options to translate the interface display text within the
repository client. Additionally, users can view photos stored in Laserfiche.
F. ADA Compliant Interface,
As a part of our ongoing commitment to accessibility within our software, Laserfiche has
Voluntary Product Accessibility Templates (VPATs) available for review for our product
suite. For more information visit https://www.laserfiche.com/legal/accessibility/
G. At-a-glance status of applications based on input meta-data (i.e meta-data and attribute
can be added to application folders in addition to documents within folders to enable
application status to be published/summarized via a page on the Participating Agency’s
website.
Metadata can be applied to folders and updated depending on the status of a document.
This information can be displayed either in the Repository columns, or in the folder name
itself so it can be viewed at a glance.
2.6 Reporting and Management. Laserfiche solutions meet the following requirements:
A. System generates reports of number of documents accessed, imported, uploaded,
edited and deleted. Results can be refined by user.
Laserfiche Audit Trail enables you to track activities performed in a Laserfiche
repository. The tracked information is stored in log files that Audit Trail uses to
generate reports. Users can filter reports based on criteria such as action
performed, date range, etc.
B. System collects information on when documents are accessed/ viewed/ modified and
EXHIBIT A
downloaded.
Laserfiche Audit Trail can be configured to store this data into log files that can be
used to generate reports.
C. System can generate reports on total size of all data stored in the system and,
depending on whether system is cloud-based, where data is being stored.
Full storage information can be viewed within administrative consoles for both
self-hosted and cloud. Self-hosted systems will also display storage location
information by reporting on individual file volumes created for the system.
2.7 Testing. Laserfiche will complete all necessary implementation work in a professional
manner that meets the requirements of the Participating Agency. Laserfiche will ensure that
system is correctly configured to meet all Participating Agency functional requirements.
Laserfiche will coordinate functional testing to ensure accuracy of configurations. Work shall
commence within 45 days of contract award.
Projects always entail the delivery of a requirements document. On signing off on
finalized requirements documentation, the development cycle begins. The Laserfiche
development cycle runs in an agile manner where the team will demo new
features/processes as they are being built to receive immediate feedback in
coordination with the requirements deliverable. After development, the project enters
the user acceptance testing phase where Laserfiche and our customer will work
together to turn the requirements document into a test plan. It will be up to the customer
to work through the test plan and confirm requirements are met. Laserfiche's goal with
the agile development cycle is to make the User Acceptance Testing phase much
easier for both parties as proper expectations are met early in the project.
2.8 Training. Laserfiche will provide resources experienced with developing and executing
training plans, including content development and delivery, to assist the Participating Agency in
meeting end-user training needs. Implementation shall occur in phases and knowledge
transfer shall be an ongoing process throughout the entire project. Laserfiche will also provide
knowledge transfer both verbally and through written documentation and procedures.
When working directly with our customer, Laserfiche provides engineers well-versed in
all aspects of a project’s lifecycle. A typical project flow runs as follows: project kickoff,
requirements gathering, development, user acceptance training/testing, formal user
training, go-live and stabilization. Knowledge transfer occurs during the entire project but
agreed upon documentation is typically delivered between the UAT/Go-Live phases of
the project.
Laserfiche's most successful projects follow a train-the-trainer approach, where a subset
of business/admin users are trained directly by the Laserfiche staff and become well
versed in the documentation provided. From there, these internal individuals are points of
contact for onboarding new users or helping existing users work through any issues.
3. Deliverables. Laserfiche will work with each customer to develop the following deliverables
in the assessment of the Participating Agencies current system and proposed solution:
A. Work Plan/Timeline: Provide work timeline with estimated days/hours required to
complete the Discovery/Assessment of Existing Records, System, and Procedures.
EXHIBIT A
B. Findings Report with comprehensive findings resulting from the
assessment/evaluations and onsite meeting completed.
C. Key Stakeholder Meeting: Conduct one on-site presentation of the gap analysis
findings identified form the assessment/ evaluations and onsite meetings to the
Participating Agency’s identified project team.
D. Suggested retention processes that are applicable across various record generating
processes and systems.
E. Include costs and strategies for implementing such automated processes across
different enterprise systems.
F. A reduction of impacts to existing and future document users and resources, including
processes that access, use, generate, store or destroy documents (including minimizing
new requirements, responsibilities and processes related to managing documents).
G. Recommendations on maximizing the availability and accessibility of documents for
business and transparency purposes.
H. Recommendations on minimizing the long-term costs associated with managing
documents of all forms, including costs associated with onsite and offsite document filing,
storing and retrieving, as well as storing and backing up electronic documents.
I. Recommendations on minimizing Participating Agency’s liability associated with
retaining and destroying documents and comply with applicable regulations and laws.
J. Document destruction, transference and conversion guidelines.
K. Identify space (internal or external) and equipment necessary for filing records.
Determine if offsite records storage can be reduced for cost reduction for the Participating
Agency.
L. General guidance on executing strategies for successful adoption of new policies,
processes and procedures.
M. Recommendations for change management, training and other ongoing program
management activities such as self-auditing.
N. Additional recommendations as needed.
O. Work Plan/Schedule for recommendations and strategies (including milestones and
phases)
EXHIBIT A
TAB 8
VALUE ADDED PRODUCTS AND SERVICES
Laserfiche lists integrations available from our Professional Developer Partnership (PDP)
members on the Integration Marketplace (https://www.laserfiche.com/products/marketplace/).
These integrations compliment the Laserfiche product line.
Additionally, the Laserfiche Professional Services Group can work with customers and resellers
to meet the customer’s unique product needs. This services rate may be found in our separately
provided price list.
EXHIBIT A
TAB 9
REQUIRED DOCUMENTS
Federal Funds Certifications
Clean Air and Water Act & Debarment Notice
Contractors Requirements
Required Clauses for Federal Assistance by FTA
Federal Required Signatures
Antitrust Certification Statements Texas Government Code § 2155.005
State Notice Addendum
EXHIBIT A
FEDERAL FUNDS CERTIFICATIONS
Participating Agencies may elect to use federal funds to purchase under the Master Agreement.
The following certifications and provisions may be required and apply when a Participating
Agency expends federal funds for any purchase resulting from this procurement process.
Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the
Participating Agency and the Participating Agency’s subcontractors shall contain the
procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
address administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
Pursuant to Federal Rule (A) above, when a Participating Agency expends federal
funds, the Participating Agency and Offeror reserves all rights and privileges under the
applicable laws and regulations with respect to this procurement in the event of breach
of contract by either party.
(B) Termination for cause and for convenience by the grantee or subgrantee including the
manner by which it will be effected and the basis for settlement. (All contracts in excess of
$10,000)
Pursuant to Federal Rule (B) above, when a Participating Agency expends federal
funds, the Participating Agency reserves the right to terminate any agreement in excess
of $10,000 resulting from this procurement process in the event of a breach or default of
the agreement by Offeror as detailed in the terms of the contract
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive
Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41
CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor.”
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds
on any federally assisted construction contract, the equal opportunity clause is
incorporated by reference herein.
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
EXHIBIT A
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non- Federal entity must report all suspected or reported violations to
the Federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds
during the term of an award for all contracts and subgrants for construction or repair,
offeror will be in compliance with all applicable Davis-Bacon Act provisions
Any Participating Agency will include any current and applicable prevailing wage
determination in each issued solicitation and provide Offeror with any required
documentation and/or forms that must be completed by Offeror to remain in compliance
the applicable Davis-Bacon Act provisions.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-Federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
Pursuant to Federal Rule (E) above, when a Participating Agency expends federal
funds, offeror certifies that offeror will be in compliance with all applicable provisions of
the Contract Work Hours and Safety Standards Act during the term of an award for all
contracts by Participating Agency resulting from this procurement process.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that “funding agreement,” the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and
any implementing regulations issued by the awarding agency.
EXHIBIT A
Pursuant to Federal Rule (F) above, when federal funds are expended by Participating
Agency, the offeror certifies that during the term of an award for all contracts by
Participating Agency resulting from this procurement process, the offeror agrees to
comply with all applicable requirements as referenced in Federal Rule (F) above
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000
must contain a provision that requires the non- Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
Pursuant to Federal Rule (G) above, when federal funds are expended by Participating
Agency, the offeror certifies that during the term of an award for all contracts by
Participating Agency member resulting from this procurement process, the offeror
agrees to comply with all applicable requirements as referenced in Federal Rule (G)
above
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
Pursuant to Federal Rule (H) above, when federal funds are expended by Participating
Agency, the offeror certifies that during the term of an award for all contracts by
Participating Agency resulting from this procurement process, the offeror certifies that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation by any federal department
or agency. If at any time during the term of an award the offeror or its principals
becomes debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation by any federal department or agency, the offeror
will notify the Participating Agency
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
Pursuant to Federal Rule (I) above, when federal funds are expended by Participating
Agency, the offeror certifies that during the term and after the awarded term of an award
for all contracts by Participating Agency resulting from this procurement process, the
EXHIBIT A
offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:
o No Federal appropriated funds have been paid or will be paid for on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with the
awarding of a Federal contract, the making of a Federal grant, the making of a
Federal loan, the entering into a cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of a Federal contract, grant,
loan, or cooperative agreement.
o If any funds other than 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 in connection with this Federal grant or
cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its
instructions.
o The undersigned shall require that the language of this certification be included in
the award documents for all covered sub-awards exceeding $100,000 in Federal
funds at all appropriate tiers and all subrecipients shall certify and disclose
accordingly.
RECORD RETENTION REQUIREMENTS FOR CONTRACTS
INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this
procurement process, offeror certifies that it will comply with the record retention requirements
detailed in 2 CFR § 200.334. The offeror further certifies that offeror will retain all records as
required by 2 CFR § 200.334 for a period of three years after grantees or subgrantees submit
final expenditure reports or quarterly or annual financial reports, as applicable, and all other
pending matters are closed.
CERTIFICATION OF COMPLIANCE WITH THE ENERGY
POLICY AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this
procurement process, offeror certifies that it will comply with the mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49
C.F.R. Part 18).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad
Administration, or Federal Transit Administration funds, offeror certifies that its products comply
with all applicable provisions of the Buy America Act and agrees to provide such certification or
applicable waiver with respect to specific products to any Participating Agency upon request.
Participating Agencies will clearly identify whether Buy America Provisions apply in any issued
solicitation. Purchases made in accordance with the Buy America Act must still follow the
applicable procurement rules calling for free and open competition.
EXHIBIT A
CERTIFICATION OF ACCESS TO RECORDS
Offeror agrees that the Inspector General of the Agency or any of their duly authorized
representatives shall have access to any non-financial documents, papers, or other records of
offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the
purpose of making audits, examinations, excerpts, and transcriptions. The right also includes
timely and reasonable access to offeror’s personnel for the purpose of interview and discussion
relating to such documents. This right of access will last only as long as the records are
retained.
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the
foregoing terms and conditions.
EXHIBIT A
CLEAN AIR AND WATER ACT AND DEBARMENT NOTICE
By the signature below (Under Federal Required Signatures), I, the Vendor, am in compliance
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970,
as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C.
1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part
15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting
violations to the grantor agency and to the United States Environment Protection Agency
Assistant Administrator for the Enforcement.
I hereby further certify that my company has not been debarred, suspended or otherwise
ineligible for participation in Federal Assistance programs under Executive Order 12549,
“Debarment and Suspension”, as described in the Federal Register and Rules and Regulations.
EXHIBIT A
CONTRACTOR REQUIRMENTS
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and
Nationality Act (FINA), and all other federal and state immigration laws and regulations. The
Contractor further warrants that it is in compliance with the various state statues of the states it
is will operate this contract in.
Participating Government Entities including School Districts may request verification of
compliance from any Contractor or subcontractor performing work under this Contract. These
Entities reserve the right to confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors
are not in compliance, they may pursue any and all remedies allowed by law, including, but not
limited to: suspension of work, termination of the Contract for default, and suspension and/or
debarment of the Contractor. All costs necessary to verify compliance are the responsibility of
the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires
compliance with federal immigration laws by State employers, State contractors and State
subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which
work is being performed.
Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month,
contractor shall submit a full set of fingerprints to the school district if requested of each person
or employee who may provide such service. Alternately, the school district may fingerprint those
persons or employees. An exception to this requirement may be made as authorized in
Governing Board policy. The district shall conduct a fingerprint check in accordance with the
appropriate state and federal laws of all contractors, subcontractors or vendors and their
employees for which fingerprints are submitted to the district. Contractor, subcontractors,
vendors and their employees shall not provide services on school district properties until
authorized by the District.
The offeror shall comply with fingerprinting requirements in accordance with appropriate
statutes in the state in which the work is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity
in which work is being performed.
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the
contractor does not have scrutinized business operations in Sudan and/or Iran.
EXHIBIT A
REQUIRED CLAUSES FOR FEDERAL ASSISTANCE
PROVIDED BY FTA
ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all non-financial books, records, accounts and reports required under this
Contract for a period of not less than two (2) years after the date of termination or
expiration of this Contract or any extensions thereof except in the event of litigation
or settlement of claims arising from the performance of this Contract, in which case
Contractor agrees to maintain same until the FTA Administrator, the U.S. DOT
Office of the Inspector General, the Comptroller General, or any of their duly
authorized representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto.
b) Permit any of the foregoing parties to inspect all non-financial work, materials, and
other data and records that pertain to the Project, and to audit the non-financial
books, records, and accounts that pertain to the Project and to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed
for the purpose of audit and examination. The right of access detailed in this
section continues only as long as the records are retained.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts.
CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975,
as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act
of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. §
5332, Contractor or subcontractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national
origin, sex, marital status age, or disability. In addition, Contractor agrees to
comply with applicable Federal implementing regulations and other applicable
implementing requirements FTA may issue that are flowed to Contractor from
Awarding Participating Agency.
2) Equal Employment Opportunity. The following Equal Employment Opportunity
requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the
Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at
49
U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal
Employment Opportunity requirements of U.S. Dept. of Labor regulations,
“Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any
applicable Federal statutes, executive orders, regulations, and Federal policies
that may affect construction activities undertaken in the course of this Project.
Contractor agrees
EXHIBIT A
to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color,
creed, national origin, sex, marital status, or age. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, Contractor agrees to comply with any implementing requirements
FTA may issue that are flowed to Contractor from Awarding Participating
Agency.
b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of
1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal
Employment Opportunity Commission (EEOC) implementing regulations, “Age
Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment
discrimination by Contractor against individuals on the basis of age, including
present and prospective employees. In addition, Contractor agrees to comply
with any implementing requirements FTA may issue that are flowed to
Contractor from Awarding Participating Agency.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities
Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits
discrimination against qualified individuals with disabilities in programs, activities,
and services, and imposes specific requirements on public and private entities.
Contractor agrees that it will comply with the requirements of the Equal
Employment Opportunity Commission (EEOC), “Regulations to Implement the
Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR,
Part 1630, pertaining to employment of persons with disabilities and with their
responsibilities under Titles I through V of the ADA in employment, public
services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will
not maintain or provide for their employees any segregated facilities at any of
their establishments, and that they do not and will not permit their employees to
perform their services at any location under the Contractor’s control where
segregated facilities are maintained. As used in this certification the term
“segregated facilities” means any waiting rooms, work areas, restrooms and
washrooms, restaurants and other eating areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and housing
facilities provided for employees which are segregated by explicit directive or
are in fact segregated on the basis of race, color, religion or national origin
because of habit, local custom, or otherwise. Contractor agrees that a breach
of this certification will be a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment.
In all solicitations, either by competitive bidding or negotiation, made by Contractor
for work to be performed under a subcontract, including procurements of materials
or leases of equipment, each potential subcontractor or supplier shall be notified by
Contractor of Contractor's obligations under this Contract and the regulations
relative to non-discrimination on the grounds of race, color, creed, sex, disability,
age or national origin.
EXHIBIT A
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with
the non-discrimination provisions of this Contract, Public Agency shall impose
such Contract sanctions as it or the FTA may determine to be appropriate,
including, but not limited to: 1) Withholding of payments to Contractor under the
Contract until Contractor complies, and/or; 2) Cancellation, termination or
suspension of the Contract, in whole or in part.
Contractor agrees to include the requirements of this clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA, modified only if necessary to identify the
affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
“Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to
ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an
equal opportunity to receive and participate in the performance of DOT-assisted contracts.
1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this
Contract. Contractor shall carry out all applicable requirements of 49 CFR Part 26
in the award and administration of DOT-assisted contracts. Failure by Contractor
to carry out these requirements is a material breach of this Contract, which may
result in the termination of this Contract or other such remedy as public agency
deems appropriate. Each subcontract Contractor signs with a subcontractor must
include the assurance in this paragraph. (See 49 CFR 26.13(b)).
2) Prompt Payment. Contractor is required to pay each subcontractor performing
Work under this prime Contract for satisfactory performance of that work no later
than thirty (30) days after Contractor’s receipt of payment for that Work from public
agency. In addition, Contractor is required to return any retainage payments to
those subcontractors within thirty (30) days after the subcontractor’s work related
to this Contract is satisfactorily completed and any liens have been secured. Any
delay or postponement of payment from the above time frames may occur only for
good cause following written approval of public agency. This clause applies to both
DBE and non-DBE subcontractors. Contractor must promptly notify public agency
whenever a DBE subcontractor performing Work related to this Contract is
terminated or fails to complete its Work, and must make good faith efforts to
engage another DBE subcontractor to perform at least the same amount of work.
Contractor may not terminate any DBE subcontractor and perform that Work
through its own forces, or those of an affiliate, without prior written consent of
public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will
cooperate with public agency in meeting its commitments and goals to ensure that
DBEs shall have the maximum practicable opportunity to compete for subcontract
work, regardless of whether a contract goal is set for this Contract. Contractor
agrees to use good faith efforts to carry out a policy in the award of its
subcontracts, agent agreements, and procurement contracts which will, to the
fullest extent, utilize DBEs consistent with the efficient performance of the
Contract.
EXHIBIT A
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the State energy conservation plans issued under the Energy Policy and
Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, listed directly or by reference in the Contract between Public Agency and the FTA,
and those applicable regulatory and procedural updates that are communicated to Contractor by
Public Agency, as they may be amended or promulgated from time to time during the term of
this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The provisions include, in part, certain Standard Terms and Conditions required by the U.S.
Department of Transportation (DOT), whether or not expressly set forth in the preceding
Contract provisions. All contractual provisions required by the DOT and applicable to the scope
of a particular Contract awarded to Contractor by a Public Agency as a result of solicitation, as
set forth in the most current FTA Circular 4220.1F, published February 8th, 2016, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated
terms shall be deemed to control in the event of a conflict with other provisions contained in this
Contract. Contractor agrees not to knowingly perform any act, knowingly fail to perform any act,
or refuse to comply with any reasonable public agency requests that would directly cause public
agency to be in violation of the FTA terms and conditions.
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express
written consent and notwithstanding any concurrence by the Federal Government in or approval
of the solicitation or award of the underlying Contract, the Federal Government is not a party to
this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or
any other party (whether or not a party to that contract) pertaining to any matter resulting from
the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part
with federal assistance provided by the FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,
as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil
Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of
the underlying Contract, Contractor certifies or affirms, to the best of its knowledge, the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me
EXHIBIT A
made, pertaining to the underlying Contract or the FTA assisted project for which this Contract
Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if
it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the
Federal Government deems appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves
the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
EXHIBIT A
FEDERAL REQUIRED SIGNATURES
Offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted
in the pages above. It is further acknowledged that offeror agrees to comply with all federal,
state, and local laws, rules, regulations and ordinances as applicable.
Offeror
Compulink Management Center, Inc. dba Laserfiche
Address
3443 Long Beach Blvd.
City/State/Zip
Long Beach, CA 90807
Authorized Signature
Peter Wayman, President
Date
EXHIBIT A
ANTITRUST CERTIFICATION STATEMENTS
TEXAS GOVERNMENT CODE § 2155.005
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the
company, corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any
provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this bid, neither I nor any representative of the Company has violated any
federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated
any of the contents of this bid to a competitor of the Company or any other company,
corporation, firm, partnership or individual engaged in the same line of business as the
Company.
Company Name
Compulink Management Center, Inc. dba Laserfiche
Address
3443 Long Beach Blvd
City/State/Zip
Long Beach, CA 90807
Telephone Number
562-988-1688
Fax Number
Not Applicable
Email Address
notices@laserfiche.com
Printed Name
Peter Wayman
Title
President
Authorized Signature
EXHIBIT A
STATE NOTICE ADDENDUM
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and
potential participants to include all county, city, special district, local government, school district,
private K-12 school, higher education institution, state, tribal government, other government
agency, healthcare organization, nonprofit organization and all other Public Agencies located
nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national
contract.
For your reference, the links below include some, but not all, of the entities included in this
proposal:
http://www.usa.gov/Agencies/State_and_Territories.shtml
https://www.usa.gov/local-governments
EXHIBIT A
LINKING
AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
DOCUNITED
IMAGING, LLC
Vendor
Authorized
Reseller
of Laserfiche)
EXHIBIT B
METHOD
AND AMOUNT
OF COMPENSATION
DETAILED PROJECT COMPENSATION - To be invoiced annually.
July 1, 2023 —June 30, 2024
45, 290. 60 ( Annual Support)
4903. 29 ( Annual Digital Signature Subscription)
50, 193. 89
July 1, 2024— June 30, 2025
45, 290. 60 ( Annual Support)
4903. 29 (
Annual
Digital
Signature
Subscription)
50, 193. 89
July 1, 2025 —June 30, 2026
45, 290. 60 ( Annual Support)
4903. 29 ( Annual Digital Signature Subscription)
50, 193. 89
July 1, 2027 —June 30, 2027
45, 290. 60 ( Annual Support)
4903. 29 (
Annual Digital Signature Subscription)
50, 193. 89
July 1, 2027 — December
7, 2027
Pro-ratedfee
22, 645. 30 (
6 months of Support)
2, 451. 65 (
6 months of Digital Signature Subscription)
25096. 95
Professional Services Hourly Rate of$200.00 for Special Projects - Estimated at$ 20,000 annually.
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by
the Project must not exceed $ 351, 000. 00 for the entire term of the Agreement.
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