Extracted text (via ocr_local)
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LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
FITLOGISTIX, LLC
FOR FITNESS AND SPORTS EQUIPMENT, SUPPLIES, MAINTENANCE AND SERVICE
This Linking Agreement (“Agreement”) is entered into as of this day of , 2024, between the
City of Glendale, an Arizona municipal corporation (“City”), and Fitlogistix, LLC, an Arizona limited lability
company, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”
A.
RECITALS
On October 1, 2022, a member of the Mohave Educational Services Cooperative, Inc, entered into
a contract with Contractor to purchase the goods and services described in the Fitness and Sports
Equipment, Supplies, Maintenance and Service, Contract No. 22H-FIT-1001 (“Cooperative
Agreement”), which is attached hereto as Exhibit A. The Cooperative Agreement allows its
cooperative use by other governmental agencies, including the City.
Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods and
setvices by participating with other governmental units in cooperative purchasing agreements when
the best interests of the City would be served.
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.
The City wishes to contract with Contractor for supplies ot services identical to those being provided
to other units of government under the Cooperative Agreement. Contractor consents to the City’s
cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide
the supplies and services set forth in the Statement of Work appended hereto as Exhibit B.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and
the covenants and promises contained in this Linking Agreement, the parties agree as follows:
iL.
Term of Agreement.
A. As provided in the Cooperative Agreement, purchases can be made by governmental entities
from the date of award, which was October 1, 2022, until the date the contract terminates
on September 30, 2025, unless the term is extended by mutual agreement of the parties to
the Cooperative Agreement. The Cooperative Agreement, however, may not be extended
beyond September 30, 2027. The initial period of this Agreement is the period from the
Effective Date of this Agreement until September 30, 2025.
B: The City may extend the term of this Agreement for two (2) additional 12 month periods if
the Cooperative Agreement is likewise extended and the City gives the Contractor notice
that it is exercising its option to extend this Agreement 30 days prior to the anniversary of
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the Effective Date. Glendale extensions are not automatic and shall only occur if the City
affirmatively exercises its right to extend this Agreement.
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 B.
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.
Compensation.
As 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 C.
B. ‘The total purchase price for the supplies and/or services purchased under this Agreement is
estimated to be one hundred thousand dollars ($100,000) annually or three hundred
thousand dollars ($300,000) for the entire term of the Agreement (initial term plus any
extensions).
Cancellation. This Agreement may be cancelled pursuant to A.RS. § 38-511.
Non-discrimination. Contractor must not discriminate against any employee ot 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
requitements as stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.
Insurance Certificate. A cettificate of insurance applying to this Agreement must be provided to the
City prior to the Effective Date.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of
ARS. § 41-4401.
No Boveott of Istael. 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.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and
during the term of this Agreement, will not use:
a. the forced labor of ethnic Uyghurs in the People’s Republic of China;
b. any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
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c. any contractors, subcontractors ot suppliers that use the forced labor or any goods
ot setvices produced by the forced labor of ethnic Uyghurs in the People’s Republic
ot China.
10. 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.
11. 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 Manuel Padia, Recreation Administrator
5600 W. Union Hills Dr.
Glendale, AZ 85308
and
Brent McCasland, V.P. of Strategic Accounts
857 E. Cedar Dr.
Chandler, AZ. 85249
brent@fitlogistix.com
IN WITNESS WHEREOF, the patties hereto have executed this Agreement as of the date and year set
forth above.
“City” “Contractor”
City of Glendale, an Arizona Fitlogistix, LLC,
municipal corporation an Arizona limited liability company
By: By: Z -
Kevin R. Phelps Name: Brefit McCasland
City Manager Title: V-.P. of Strategic Accounts
ATTEST:
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
10/05/2023
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
FITLOGISTIX, LLC
FOR FITNESS AND SPORTS EQUIPMENT, SUPPLIES, MAINTENANCE AND SERVICE
EXHIBIT A
AWARD LETTER
MOHAVE EDUCATIONAL SERVICES, INC. COOPERATIVE PURCHASING
AGREEMENT, CONTRACT NO. 22H-FIT-1001
CONTRACT EXTENSION LETTER
__ August 19,2022. 00000
EXHIBIT A
2 :
MOHAVE
COOPERATIVE
NOTIFICATION OF AWARD LETTER
Sent this day via email to mike@fitlogistix.com
Mike Evans, VP of Sales
Fitlogistix, LLC.
4960 S. Gilbert Road, #308
Chandler, AZ 85249
Congratulations, Fitlogistix, LLC.’s response has been awarded a contract under RFP 22H-0524. Attached is a copy
of the Mohave signed Offer and Acceptance Form. Important notes and action items regarding the award are listed
on the following pages. Some action items contain important deadlines noted in bold font. Be sure to meet
the requests and/or requirements on or before the deadlines noted.
Your organization is bound by the terms of this contract; only items specifically requested in this solicitation
and awarded in your response to this solicitation will be authorized /allowed.
Advise your Mohave customers to make purchase orders out to Fitlogistix, LLC. In the event you receive a purchase
order from a member that does not contain the “MESC REVIEWED” stamp, it should be faxed to (928-718-3232), or
emailed (orders@mesc.org) to Mohave for review.
Do not perform any work or provide any praducts until you receive an “MESC Reviewed” purchase
order.
We highly recommend having your staff review our vendor information pages at (http://www.mesc.org/resources-
brochures) to learn more about working with Mohave, Especially helpful is the Vendor Handbook.
The procurement file for RFP 22H-0524 was made available for public inspection on August 18, 2022,
Please check all the entries on the contract record attached, You may make additions or revisions to the description
(40 words or less), contact persons, contact information, or other information about your contract. Email back any
changes as soon as possible to michael@mesc.org.
Your contract number is 22H-FIT-1001 and will take effect on October 1, 2022.
If you have any questions regarding your new contract, please cali me at (928) 718-3222. We look forward to working
with you and your company in the future.
HNL bliss, CAB alepeste
Michael S. carter, CPPB, NIGP-CPP
Contract Specialist 1
625 East Beale Street, Kingman, AZ 86401 Phone: (928) 753-6945 — Fax: (928) 718-3232 mesc.org
MSC Of 1/22
NOTES ON AWARD FOR: Fitlogistix, LLC.
Please remind the member of their responsibility to independently verify that quotations and purchase orders
comply with the terms of the award of a contract or procurement. This responsibility is set by rule and statute, and
cannot be changed by Mohave. Members can go to (https://mesc.org/plist/) to assist in meeting this due diligence
responsibility.
Financial information included under Tab 2 of your response will be kept confidential.
All products must be priced using contract pricing approved by Mohave.
All quotes shall include your contract #22H-FIT-1001,
Promotional Pricing (temporary pricing reductions): Your contract includes terms and conditions that
_allows. your. firm_to.offer temporary. pricing. reductions... A Promotional. Pricing.Offer.allows.you.to.provide —_..........
products and services to members at a reduced cost for a limited time basis. Promotional pricing may
increase your contract usage and exposure to members. Mohave encourages promotional pricing under the
awarded contract to provide additional value to members. Promotional pricing requests are typically
reviewed and approved the same day as submitted. Some reminders regarding pricing reductions:
co Promotional Pricing may be offered at any time during a contract and shall become effective upon
notice of acceptance from Mohave.
o Promotional Pricing (e.g., quantity discounts, time sensitive offers, bundles) must apply to all Mohave
orders of similar size and scope.
o Promotional Pricing limited to a single member are not acceptable.
o Special time-limited reductions are permissible under the following conditions: 1) reduction is
available to all members equally; 2) reduction is for a specific time period, normally not less than
thirty (30) days; 3) original price is not exceeded after the time-limit; and 4) Mohave has approved
the new prices prior to any offer of the prices to a member.
Michael R. Nentwig CPPB will be the Contract Specialist assigned to your Mohave contract. Send requests
for pricing updates or contractual inquiries to Michael R. Nentwig, CPPB — mike@mesc.org after the contract
effective date of October 1, 2022. A// future pricing updates must be electronic. Updates on the original
Excel workbooks are preferred. Similar formats in Word or PDF are acceptable.
Do not provide any goods/services until you receive a Mohave reviewed purchase order.
Quick payment discounts must be approved by Mohave before being offered to members, and must be
available equally.
Order cycle overview:
Member forwards purchase orders to Mohave. Vendor is Fitlogistix, LLC.
Mohave reviews and emails member order with “MESC Reviewed" stamp, to Fitlogistix, LLC,
Fitlogistix, LLC. provides product/services,
Fitlogistix, LLC. invoices member.
Member pays Fitlogistix, LLC.
Fitlogistix, LLC. sends Usage and Reconciliation Report to Mohave,
Fitlogistix, LLC. remits administration fee monthly, based on invoices paid.
Mohave audits selected purchases,
ONOUNAWNE
REQUIREMENTS/ACTION ITEMS FOR THE AWARD:
You agreed to provide a Reconciliation Report detailing activity under the contract, and payment for Mohave
administration fees for invoices paid in the previous month. Your report is due on the 15th of each month.
Mohave’s Audit Specialist will contact you about two weeks prior to your first report’s due date
to provide you with a sample report, based on reports provided under contract 17H-FIT-0930,
and information on submitting administration fee payments. They will also provide information
and assist you in understanding what is required when submitting your reconciliation report,
If no invoices were paid under the contract in the previous month, you may send an email to
adminreport@mesc.org advising of no sales to report for the month.
625 East Beale Street, Kingman, AZ 86401 Phone: (928) 753-6945 — Fax: (928) 718-3232 — mesc.org 2
NOTES ON AWARD FOR: Fitlogistix, LLC.
Because you have an existing Mohave contract, we want to address how to properly report invoices on your
monthly reconciliation reports because it may be necessary to submit two separate reports until all 17H-FIT-
0930 purchases are closed:
o Line item purchase orders that remain open under 17H-FIT-0930 should be reported on 17H-FIT-
0930 reconciliation reports until completion of the project.
o Blanket purchase order invoices with a ship date prior to, or on September 30, 2022, should be
reported on the 17H-FIT-0930 reconciliation report.
o New purchase orders issued under the 22H-FIT-1001 contract should be reported under 22H-FIT-
1001 reconciliation reports.
o Blanket purchase order invoices with a ship ¢ date after September 30, 2022, should be reported on
.. the.22H-FIT-1001 reconciliation reports... oe en ne net nee ney pt in nae emepneeennes ye
In order to assist members with new contract award notices, Mohave will be releasing your contract award
information to the members prior to October 1, 2022. Information regarding your contract award will be
posted to our website and will be made available in our product vendor finder. Pricing from your awarded
contract will also be made available to our members. All of this information will be accessible by our members
before October 1, 2022. You may provide quotes to members for this contract. However, it will be your |
responsibility to inform members the contract is not effective until October 1, 2022, and members should i
not be processing purchase orders until that date, Acting on purchase orders (delivering products or services)
prior to October 1, 2022 is a violation of the contract. Please ensure that your staff is aware of the
October 1, 2022, effective date, in order to avoid contract confusion.
We feature marketing information about your current contract in the product vendor finder on our website.
Please visit our website (www.mesc.org) and go to the "All Products/Vendors" under the "Contracts &
Solicitations" menu. Find your company from the list and click on your name. Once on your company
information, review the “About Vendor" section of the "Overview." Confirm in writing if that information is
still accurate, or if changes need to be made. Mohave reserves the right to edit information for content or
length. Email this information to michaelc@mesc.org no later than September 2, 2022.
Provide a current insurance certificate naming Mohave Educational Services Cooperative, Inc.
as the certificate holder, Email this information to michaelc@mesc.org no later than September
2, 2022.
625 East Beale Street, Kingman, AZ 86401 — Phone: (928) 753-6945 ~~ Fax: (928) 718-3232 mesc.org 3
Offer and Acceptance Farm
(Place after Tab 1a)
RFP 22H-0524
Fitness and Sports Equipment, Supplies, Maintenance and Service
To Mohave Educational Services Cooperative, Inc.:
‘The undersigned hereby certifles understanding and compliance with the requirements specified within the
solicitation and any amendment(s) issued prior to the solicitation opening. Offeror further agrees to furnish
materials and/or services in compliance with all specified requirements, issued amendment(s), and any
accepted exceptions/deviations noted by offeror In the solicitation.
Federal Employer Identification Number = 27-387-2474.
Company Name FITLOGISTIX, LLC.
Address 4960 S. Gilbert Road #308____ City Chandler. State AZ. Zip 85249,
Telephone Number 480-665-0735,
The Offer and Acceptance Form shall be submitted with a signature of the person authorized to sign the
offer. The person signing the offer shall initial erasures, interlineations or other modifications in proposal.
Failure to sign the Offer and Acceptance Form, or to make other notations as indicated, may result in
rejection of proposal. € °
Authorized Signature Mich " J t s
Printed Name = Mike Evans. Titla VP of Sales
Primary Email mike@fitlogistix.com, Alternate email —_joelle@fitlogistix.com
Note: The primary email address will be used for all communication from Mohave regarding your response
to this solicitation. Provide an alternate email address.
The contract vendor shall not commence any billable work or provide any material or service
under this contract unless and until contract vendor receives a purchase order with Mohave’s
review noted.
| Acceptance of Offer and Contract Award (Mohave Only) }
Your Proposal is Hereby Accepted:
As an awarded contract vendor, you are now bound to sell the materials and/or services offered to and
accepted by Mohave in accordance with the solicitation, including all terms, conditions, specifications,
amendments and any accepted written exceptions/deviations. Your firm has been awarded all products
and services, unless noted in your Notification of Award Letter.
22H-FIT-1001
This contract shall be referred to as Contract Number
August
Awarded this 18th day of 2022,
This contract shall be effective the _ {St day of October 2022,
Brita 2 0) Haron,
Anita S. McLemore, C.P.M., Executive Director
Mohave Educational Services Cooperative, Inc.
RFP 22H-0524 82
DocuSign Envelope ID: 96B6ED1 1-38 1E-4634-920A-80A26BC2E5F3
Request for Proposal 22H-0524 - Fitness and Sports Equipment, Supplies, Maintenance and Service
Fitlogistix, LLC.
REQUEST FOR BEST AND FINAL OFFERS
NOTE; Mohave has completed its initial review of your response to RFP 22H-0524 and is requesting the following
information to better understand your offer. Carefully review and answer the questions that follow. Provide only
the information requested, Do not provide another complete copy of your initial response. Sign and include
this Request for Best and Final Offer with your response, If you do not respond by the specified lime, date and
location, your immediate previous offer will be construed as your best and final offer.
NoTE: YOUR ANSWERS TO QUESTIONS 3A, 3B, 3C, AND 4 REQUIRES REVISIONS AND/OR CLARIFICATIONS TO YOUR
PRICING WORKBOOK, PROVIDE A REVISED COPY OF YOUR PRICING WORKBOOK IN ELECTRONIC FORMAT (WHICH IS NOT
PASSWORD PROTECTED) WITH YOUR RESPONSE TO THE BEST AND FINAL OFFER. PRICING WORKBOOKS, IN WHICH FILE
SIZE(S) ARE TOO LARGE TO BE PROVIDED VIA EMAIL, MAY BE PROVIDED AND ACCESSED THROUGH A DOWNLOADABLE LINK
INCLUDED IN YOUR BEST AND FINAL OFFER RESPONSE.
BEST AND FINAL OFFER SUBMITTAL
1. Your response to the Special Terms and Conditions included the foflowing exception/deviation, which requires
additional information: 2.6, Restocking Fees: Included a statement that custom order returns may be subject to
25% restocking. However, your response included a document titled, Fiffogistix Terms and Conditions, which
contained the following language in the section titled, Cancellations (response page #35): custom or specialized
equipment are not cancelable. This language conflicts with the statement that custom orders may be subject to
a 25% restocking fee. Additionally, the Special Term and Condition 2.6. Restocking Fees requires restocking
shall not exceed 15%. Provide the following information:
a. Will returns be allowed for custom orders or specialized equipment under an awarded contract? If
“yes,” provide your written confirmation restocking fees shall not exceed 15% under an awarded
contract.
2. Your response to the Method of Approach, Tab 2a, requires additional information:
a. Question #1d., response page #57, included training specifically for member staff, and not of vendor
staff administering an awarded contract as requested. Provide information regarding training of
your firm’s staff assigned to specifically administer, sell products or services, or monitor duties and
processes under an awarded Mohave contract.
b. Question #5, response page #52, did not include a full and complete description for managing
pricing. Provide a full and complete description as to how your pricing will be managed under an
awarded contract.
3. Your electronic pricing workbook requires the following additional! information:
a. Summary Section Four: Service and Labor Rates induded a statement that larger volume installations
of athletic equipment (over $50k) are eligible for reduced install rates. However, no methodology
or reduction to current rates was found. Provide the reduced installation rates for athletic equipment,
and the methodology to determine the applicable rates in a revised electronic workbook.
b. Summary Section Five: Discount Information included discounts provided as a range. However, no
methodology was found to determine the applicable discount. The product pricing provided in the
workbook titled, AiéLogistix_Price_Workbook_RFP_22H-0524_(final).xlsx, did not include a column
for the applicable discount, or a column to calculate the Mohave Price to include administration fees
from the applicable discount. Additionally in this workbook, pricing for TKO did not display full part
(or UPC) numbers, and Hampton Fitness did not include pricing for all products offered. Provide the
following additional information:
1. Provide a methodology or additional explanation regarding the discounts offered as a range.
li. Revise the electronic pricing workbook titled, FitLogistix_Price_Workbook_RFP_22H-
0524_(final).xisx, to include a column for the applicable discount, and the Mohave Price
calculated from the applicable discount.
il, Revise the TKO pricing to display the full part (or UPC) number for the products offered.
(Contd)
625 East Beale Street, Kingman, AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 mesc.org
DocuSign Envelope ID; 96B6ED11-381E-4634-920A-89A26BC2E5F3
Request for Proposal 22H-0524 - Fitness and Sports Equipment, Supplies, Maintenance and Service
Fitlogistix, LLC.
iv. Review pricing for Hampton Fitness and elther provide pricing for all products or remove
products fer which there is no price.
c. Your offered pricing under RFP 22H-0524 did not include all of the manufacturers currently offered
in your Mohave contract 17H-FIT-0930, Additionally, some of the discounts offered for your current
Mohave contract have been revised in your offer. Provide the following additional Information:
i. Provide additional information regarding the removal of some of the current manufactures
included in your Mohave contract 17H-FIT-0930 from your RFP 22F-0930 offer.
ii, Provide an explanation for any discounts, which have been reduced in your RFP 22H-0930
offer, from your current Mohave contract 17H-FIT-0930.,
4. Awarded contracts under RFP 22H-0524 shall be made to the responsive and responsible offer(s) whose
proposal(s) are determined to be most advantageous to Mohave for its members. The pricing offered by your
firm under RFP 22H-0524 will be compared to other external cooperative contracts for similar products and
services. Should your firm hold any current cooperative contracts for similar products and services; review your
pricing offered under RFP 22H-0524 for competitiveness. Mohave is considering multiple proposals for this
contract. Pricing is very competitive. Please review your prices to determine if any additional discounts are
available.
Please review your prices to determine if any additional discounts are available,
If yes, provide a new comprehensive price schedule.
If no, indicate “No Additional Discounts.”
If your offered pricing under RFP 22H-0930 is higher than other external cooperative contracts held by your
firm, Include a detailed explanation regarding the difference or variation in compared pricing.
If a best and final offer is not submitted, the offeror’s immediate previous offer will be construed as
their best and final offer.
625 East Beale Street, Kingman, AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 mesc.org
EQUIPMENT | DESIGN | SERVICE
BEST AND FINAL OFFER SUBMITTAL
i. Your response to the Method of Approach, Tab 2a, requires additional information:
a. Question #1d., response page #57, included training specifically for member staff, and
not of vendor staff administering an awarded contract as requested. Provide information
regarding training of your firm’s staff assigned to specifically administer, sell products or
services, or monitor duties and processes under an awarded Mohave contract.
ANSWER:
Mohave Training:
In the event FitLogistix elects to add an additional Territory Manager to our sales team, whereas there
is opportunity for he/she to introduce and utilize the Mohave contract for a potential client,
FitLogistix (Mike Evans and/or Joelle McCasland) will ensure the proper MESC educational needs are
met. Quality, comprehensive and professional training for our staff is imperative to our success in all
aspects of our sales processes and procedures, including the MESC contract details. These contract
details include all aspects of the Method of Approach as submitted: keeping sku’s and pricing current,
following workbook pricing precisely as per the awarded contract, as well as taking the necessary
steps to assure Mohave has all information timely and as is necessary when opportunities/orders
work themselves through the sales process.
b. Question #5, response page #52, did not Include a full and compiete description for
managing pricing. Provide a full and complete description as to how your pricing will be
managed under an awarded contract.
Managing Pricing:
As recently as just a few short years ago, our manufacturers would go multiple years without any
changes or increases in their pricing structures. Unfortunately, in today’s world of hyperinflation,
rising fuel costs, global freight surcharges etc., this is no longer the case. Today's reality for managing
pricing is more difficult than ever but FitLogistix employs a proactive approach to identifying partners
capable of managing their supply chains better than their competitors. Often, we look to identify true
OEMs that design and manufacture their products in-house vs. utilizing a host of 3 party suppliers to
do so. True OEMs tend to hold pricing better and longer than companies that assemble products with
3 party components. And, while we cannot control or guarantee that prices will not increase, it is
our ongoing mission, and we are committed to identifying new and better partners to supply us with
the products we sell. FitLogistix is committed to supplying Mohave with timely updated price sheets
as we become notified of any such increases. Moreover, any signed Mohave client orders submitted in
the system prior to an increase will be granted the pricing as agreed upon as reflected on the quote.
WWW.FITLOGISTIX.COM | (T) 855-FITLOGX
FIT
EQUIPMENT | DESIGN | SERVICE
2. Your electronic pricing workbook requires the following additional information:
a. Summary Section Four: Service and Labor Rates included a statement that larger volume installations of
athletic equipment (over $50k) are eligible for reduced install rates. However, no methodology or reduction
to current rates was found. Provide the reduced installation rates for athletic equipment, and the
methodology to determine the applicable rates in a revised electronic workbook,
Response: See Pricebook
b. Summary Section Five: Discount Information included discounts provided as a range. However, no
methodology was found to determine the applicable discount. The product pricing provided in the
workbook titled, FitLogistix_Price_Workbook_RFP_22H-0524_(final).xisx, did not include a column for the
applicable discount, or a column to calculate the Mohave Price to include administration fees from the
applicable discount. Additionally in this workbook, pricing for TKO did not display full part (or UPC) numbers,
and Hampton Fitness did not include pricing for all products offered. Provide the following additional
information:
i. Provide a methodology or additional explanation regarding the discounts offered as a range.
Response: Per your request, we removed the range of discount and clarified discounting on a per
line-item basis. We wanted to extend the Mohave member discounting across all products
regardless of the volume ordered.
ji. Revise the electronic pricing workbook titled, FitLogistix_Price_Workbook_RFP_22H-
0524 _(final).xisx, to include a column for the applicable discount, and the Mohave Price calculated
from the applicable discount.
Response: See Pricebook
iil, Revise the TKO pricing to display the full part (or UPC) number for the products offered.
Response: See Pricebook
c. Your offered pricing under RFP 22H-0524 did not include all of the manufacturers currently offered In
your Mohave contract 17H-FIT-0930, Additionally, some of the discounts offered for your current Mohave
contract have been revised in your offer. Provide the following additional Information:
i, Provide additional information regarding the removal of some of the current manufactures included in
your Mohave contract 17H-FIT-0930 from your RFP 22F-0930 offer.
li, Provide an explanation for any discounts, which have been reduced In your RFP 22H-0930 offer, from
your current Mohave contract 17H-FIT-0930,
Response:
i. While several of our primary, tier-one manufacturer partners that have been with us for over
a decade, weathered the pandemic storm and subsequent fallout, a few other manufacturers
didn’t fare so well. Many were caught off-guard by the “new world order” and couldn’t
deliver in the short and even long term. Or, their pricing structures rose so high, it just wasn’t
prudent to continue to do business with them. Hence, FitLogistix actively sought out new
WWW.FITLOGISTIX.COM | (T) 855-FITLOGX
FIT
EQUIPMENT | DESIGN | SERVICE
suppliers and partners to better meet our standards and most importantly, the needs of our
customers. Therefore, some manufacturers that were included in our Mohave contract 17H-
FIT-0930 were not listed in our RFP response to 22H-0930.
ii. FitLogistix is committed to providing the best value and the lowest possible price to all
Mohave members and any reduction in discount structure from our current contract to our new
offer is a result of changing price structures from our manufacturer partners. An example of our
commitment to total customer satisfaction, FitLogistix absorbed many if not all of the “global
freight and fuel surcharges” for as long as possible during the pandemic to avoid impacting our
customers and we grandfathered in the pricing on signed quotes and orders in the face of rising
costs of our own,
WWW.FITLOGISTIX.COM | (T) 855-FITLOGX
DocuSign Envelope (0: F4C11CE2-678A-4620-868D-8B684877F 7D
_ Confidential/Proprietary Submittal Form
(Place after Tab 1a)
CONFIDENTIAL/PROPRIETARY SUBMITTALS
Any documentation marked as confidential or proprietary must be identified below. Any confidential or
proprietary information NOT identified as instructed shall be deemed as non-confidential or non-proprietary.
« = Pricing shall not ke considered as confidential information.
« Financial information after Tab 2d shall be considered as confidential information,
¢ Your entire offer and any publicly known or available information shall not be
considered as confidentlal/proprietary information.
Confidential/Proprietary Submittals (mark one):
No confidentlal/proprietary materials have been included with this offer,
x Confidential/proprietary materials have been Included with this offer. Offerors shail identify
below any portion of their offer they deem confidential or proprietary as specified In the
General Terms and Conditions 6, Confidential Information,
The confidentlal/proprietary Information identified below does not guarantee that disclosure will be
prevented but that the item(s) will be subject to review by the offeror and Mohave prior to any public
disclosure,
FitLogistix understands that pricing can not be held confidential. However, we request that the
“percentage off” be held confidential, while agreeing for full disclosure of MSRP in the bid,
- FETLOGISTIX, LLC
Midiael 4 Baons
Authorized Sighatire
Firm
RFP 22H-0524 3
DocuSign Envelope 'D: F4C11CE2-578A-452C-86BD-86B6B4677F7D
1.
2.
3,
General Terms and Conditions
(Place after Tab tc)
Some General Terms and Conditions may specify placement of Information in tabs other than Tab. ic.as
noted In the title above, Pay close attention to placement information as Indicated In select General Terms
and Conditions,
ADVERTISING
Offeror shall not advertise or publish information concerning this solicitation prior to an award belng
announced by Mohave, After award, contract vendor(s) may advertise the availability of contracted
products, materials, processes and services to members. Any promotional marketing materials using
tha Mohave logo shall be approved by a Mohave Contract Specialist in advance.
AVAILABILITY OF FUNDS
Member fund availabllity Is unknown to Mohave at the time this solicitation was Issued, Use of any
contract awarded by Mohave will be conditioned upon the availability of member funds.
CANCELLATION
3.1. Cancellation Process: The following requirements shall apply to all cancellation notices issued
under an awarded contract:
a) A written notice of cancellation shall be sent to the contract vendor and the effective date of
cancellation shail be the date specified within the written notice of cancellation.
b) Upon cancellation, all products, materlals, processes and services paid for by the member,
along with documents, data and reports prepared by contract vendor under the contract shall
become the property of the member,
c} Contract vendor shall be entitled to receive just and equitable compensation In accordance
with applicable contract pricing for authorized work In progress, authorized work completed
and materials accepted before the effectlve date of the cancellation,
d) Cancellation shall have no effect on projects in progress prior to the effective date of the
cancellation,
e) Contract vendor Is obligated to continue submitting monthly reconciliation reports and
administrative fee payments until all purchases are complete and closed.
3.2, Cancellation for bankruptcy or acquisition: Mohave reserves the right to cancel, or suspend
the use of, any contract If contract vendor files for bankruptcy protection, or if the original contract
hoider Is sold and ownership Is transferred to a new party.
3.3. Cancellation for conflict of interest: In accordance with A.R.S. §38-511, Mohave may cancel
the contract within 3 years after contract execution without penalty or further obligation if any
person significantly involved In initiating, negotiating, securing, drafting, or creating the contract
on behalf of Mohave is or becomes at any time while the contract, or an extension of the contract
\s in effect, an employee of or a consultant to any party to the contract with respect to the subject
matter of the contract. The cancellation shall be effective when the contract vendor receives
written notice of the cancellation unless the notice specifies a later time.
3.4. Cancellation for convenience: Mohave reserves the right to Immediately cancel the contract
without penalty or recourse, in whole or In part, when Mohave determines that action to be in the
best Interests of its members.
3.5, Cancellation for no or low-usage: Mohave may terminate any contract if members have not
used the contract, or if purchase volume Is determined to be “low volume” In any 12-month period,
3.6. Cancellation for non-performance or contract vendor deficlency: Mohave reserves the
right to cancel the whole or any part of this contract due to fallure by contract vendor to carry out
any obligation, term or condition of the contract. Mohave may Issue a written deficiency notice
to contract vendor for acting or falling to act in any of the following:
a) Failing to comply with the accepted terms and conditions of the contract;
b) Providing material that does not meet the specifications of the contract;
RFP 22H-0524
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General Terms and Conditions
(Place after Tab ic)
(Contd)
c) Providing work and/or materlal that was not awarded under the contract;
d)} Falling to adequately perform the services set forth in the scope of work and specifications;
e) Falling to complete required work or furnish required materlals within a reasonable or
specified amount of time;
f) Falling to make progress in performance of the contract and/or giving Mohave reason to
believe that contract vendor will not or cannot perform the requirements of the contract;
or,
g) Performing work or providing products, materials, processes or services under the contract
prior to receiving a Mohave reviewed member purchase order for such work,
Upon receipt of a written deficiency notice, contract vendor shall have ten (10) days to provide a
satisfactory response to Mohave to adequately address all issues of concern. Fallure to adequately
address all Issues of concern may result in contract cancellation. Upon cancellation under this
clause, all goods, materials and work pald for by the member, along with documents, data and
teports prepared by contract vendor under the contract shall become the property of the member.
3.7, Cancellation for replacement: Mohave reserves the right to cancel a contract awarded under
this solicitation, if a new solicitation has been Issued and a contract has been awarded to the same
contract vendor for similar products, materials, processes and services. Mohave may, at Its option,
either replace a contract resulting from this solicitation or delay a new award untl! the existing
contract expires, The decision to delay or replace the contract rests solely with Mohave.
3.8. Contract vendor cancellation: Contract vendor may cancel this contract at any time upon
thirty (30) days prior written notice to Mohave or at time of annual contract renewal (contract
modification), Termination shall have no effect on projects in pragress at the time the notice of
cancellation Is received by Mohave.
3.9, Continuation of performance: Contract vendor shall continue to perform in accordance with
the requirements of the contract, up to the date of cancellation and as directed In the cancellation
hotice,
3.10, Gratuities: If Mohave determines that any contract vendor or an employee of the contract
vendor has offered, conferred or agreed to confer any personal gift or benefit on any employee
of Mohave or a member employee who supervised or participated in the planning, recommending,
selecting or contracting of the contract, in accordance with A.R.S, §15-213(0), Mohave may, by
written notice, terminate the contract, in whole or in part. Officers, employees and agents are
prohibited from soliciting or accepting gratulties, favors or anything of monetary value from
contractors or parties of subcontractors under an awarded contract. Paying the expenses of
normal business meals shall be in accordance with each member's policy regarding
gratuities, Samples as requested in the solicitation and provided to Mohave for demonstration or
evaluation are not considered gratulties.
3.11. Contract vendor offerings: Mohave may, by written notice, terminate the contract in whole
or in part, if Mohave determines that employment or a gratuity was offered or made by the
contract vendor or a representative of the contract vendor to any officer or employee of the schaal
district or school purchasing cooperative for the purpose of Influencing the outcome of the
procurement or securing the contract, an amendment to the contract, or favorable treatment
concerning the contract, including making of any determination or decision about contract
performance.
CAP’ S, HEADINGS USTRATIONS
The captions, iNustrations, headings, and subheadings In this solicitation are for convenience and ease
of perusal only, and In no way define, limit or describe the scope or intent of the request.
RFP 22H-0524 «4
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DocuSign Envelopa ID: F4C 11CE2-578A-452C-86BD-88B6B467 7F 7D
General Terms and Conditions
(Place after Tab 1c)
5. IFICATI
By signing the Offer and Acceptance Form (page 2 of the RFP), offeror certifies the following:
a) Offeror has examined and understands the terms, conditions, scope of work, specificatians and
other documents in this solicitation,
b) The submission of the offer did not invelve collusion or other anttcompetitive practices and that
the offeror has taken steps and exercised due diligence to ensure that no violation of A.R.S.
§15-213(0) has or will occur. Nelther signatory nor any person on his behalf has connived ar
colluded to praduce a deceptive shaw of competition in the matter of the bidding or award of
a contract under this solicitation.
¢) Offeror has not given, offered to give, nor intends to give at any time hereafter any economic
opportunity, future employment, gift, loan, gratulty, special discount, trip, favor, or service to
a public servant In connection with the submitted offer,
d) Neither offeror, nor any officer, director, partner, member or associate of offeror, nor any of
its employees directly involved in obtaining contracts with the State of Arizona, Mohave
Educational Services Cooperative, Inc., or any subdivision of the state, has been convicted of
false pretenses, attempted false pretenses, or conspiracy to commit false pretenses, bribery,
attempted bribery or conspiracy to bribe under the laws of any state or federal government far
acts or omissions after January 1, 1985.
e) Offeror agrees to comply fully with any and all provisions of A.R.S. Title 32, Chapter 10
(Registrar of Contractors) that may regulate offeror’s business,
f) Offeror shall not discriminate against any employee, or applicant for employment, in violation
of federal and state laws (see Federal Executive Order 11246; and A.R.S. Title 41, Chapter 9,
Article 4).
9) Offeror Is not currently suspended, debarred or otherwise precluded from participating in any
public procurement activity with any federal, state or local government entity.
h) If awarded a contract, offeror agrees to promote, offer and sell under Mohave contract, only
those materials and/or services awarded to contract vendor by Mohave.
{) Jf awarded a contract, offeror shall pravide the equipment, commodities, and/or services to
members of Mohave in accordance with the terms, conditions, scope of work, specifications,
and other documents of this Request for Proposal,
j) If awarded a contract, offeror agrees that all staff and other individuals eligible to receive
services shall have equal access to the services regardless of race, religion, color, sex, disabillty,
age or national origin,
k) Offeror and all proposed subcontractors comply and shall remain in compliance with the Federal
Immigration and Nationality Act (FINA), all other federal Immigration laws and regulations,
ARS. §41-4401, and ARS. §23-214, which requires compliance with current federal
immigration laws by employers, contractors and subcontractors in accordance with the E-Verify
employee eligibility verification program,
1) Offeror shall comply with A.R.S, §35-393.01 and certify that they are not currently engaged in,
and agree that for the duration of the contract to not engage in, a boycott of Israel.
m) If applicable to the products and services offered under this contract, Offeror shall comply with
current applicable requirements of Health Insurance Portability and Accountability Act of 1996
(HIPAA), and accompanying reguiations. Contract vendor agrees to work with the member in
the course of performance so that the member and contract vendor are in compliance with
HIPAA,
6. CONF I ATIO:
6.1. Confidential Information request: If offeror believes that its proposal contains confidential
trade secrets or other proprietary data not to be disclosed, a statement advising Mahave of this
fact shail accompany the proposal, and the information shail be so Identified wherever it appears.
Mohave shall review the statement and shail notify the offeror of their determination in writing
whether the information shall be withheld or disclosed. Requests to deem the entire offer as
confidential will not be considered,
RFP 22H-0524 4
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DocuSign Envelope ID: FAC 11CE2-6784-482C-86BD-88B6B4677F7D
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General Terms and Conditions
(Place after Tab 1c)
6.2. Pricing: Mohave will not consider pricing to be confidential or proprietary.
6.3. Public record: All proposals submitted in response to this solicitation shall become the property
of Mohave. They will become a matter of public record available for review, subsequent to award
of contract(s), with the exception of information deemed confidential by Mohave.
CONFIRMATION / DISCUSSIONS
7.1, Confirmation: If an apparent mistake in a proposal, relevant to the award determination is
discovered after opening and before award, Mohave shall contact the offeror for written
confirmation of the proposal, If offeror fails to act, the offeror shall be considered non-responsive,
Mohave may contact an offeror to confirm our understanding of the proposal. Such contact shall
be prior to award. Mohave shaft obtain written confirmation from the offeror and shall retain the
confirmation In the procurement file. Correction of mistakes In a proposal shall only be allowed
as described In Arizona procurement rules and code,
7.2, Discussions: For the purposes of conducting discussions, Mohave shall determine that proposals
are either acceptable for further consideration or unacceptable. Discussions may be conducted
with responsible offerors who submit proposals determined ta be acceptable for further
consideration. Discussions may be conducted to assure full understanding of the proposal In order
to obtain the most advantageous contract for Mohave, based on the requirements and evaluation
factors In this Request for Proposal. Discussions may be conducted orally or in writing. If oral
discussions are conducted, the offeror shall confirm the discussions In writing.
Mohave will not help offeror bring Its proposal up to the level of other proposals through
discussions, Mohave will not indicate to offeror a cost ar price that it must meet to obtain further
consideration nor will it provide any information about other offerors’ proposals or prices.
CONTRA’ JANAGEMENT
8.1. Applicable law: The contract shall be governed by the Jaws of the State of Arizona, and sults
pertaining to the contract may be brought only in courts In the State of Arizona,
8.2, Application of law: The Arizona Procurement Code, the Arizona State Board of Education School
District Procurement Rules, and the Uniform Commercial Code (UCC) as adopted by the State of
Arizona, are part of this document as If fully set forth herein. Any provision or clause required by
law, rule or regulation to be included in the contract will be read and enforced as If in the contract,
whether or not physically included. If any such provision fs not included, or ts not correctly
Included, contract will be amended In writing to make such Inclusion or correction upon application
from either party to contract,
8.3. Arbitration: After exhausting applicable administrative review, the parties to this contract may
agree to resolve disputes arising out of or relating to this contract through arbitration, to the
extent allowed by law.
8.4. Assignment: Contract vendor agrees that if a contract Is reassigned as part of an
acquisition/merger, the contract vendor will notify Mohave once legally permissible. Mohave
reserves the right to accept or reject any reassignment of an awarded Mohave contract. Mohave
shall not unreasonably withhold approval of a contract transfer resulting from an
acquisition/merger, Mohave shall notify the contract vendor of Its decision within fifteen (15) days
of receipt of written notification from contract vendor of the acquisition/merger,
8.5. Contract claims or controversies: The requirements of the Arizona Procurement Code, the
Arizona State Board of Education, School District Procurement Rules shall govern any contract
awarded as a result of this solicitation, as well as any contract claims or controversies associated
with it,
(Contd)
RFP 22H-0524 4
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OocuSign Envelope ID: FAC 11CE2-678A-462C-86BD-88B6B4677F 7D
General Terms and Conditions
(Place after Tab ic)
RFP 22H-0524
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General Terms and Conditions
(Place after Tab 1c)
Formal contract claims and controverstes between a member and contract vendor shall be resolved
in accordance with R7-2-1155 through R7-2-1159, or A.R.S., Title 41, Chapter 23, Article 9, as
applicable, The member's authorized representative shall serve as the district representative for
resolution of such claims and controversies, A.R.S., Title 41, Chapter 23, Article 9 and the rules
promulgated under it, or R7-2-1155 through R7-2-1159, as applicable, provide the exclusive
procedure for asserting a cause against the member under the contract.
8.6. Contract pfaced on hold: Mohave shall have the ability to place a contract on hold, If It Is
deemed necessary to address ongoing problems with an awarded contract. Details of the decision
to place the contract on hold shall be provided in a written deficiency notice. A reasonable amount
of time shall be provided to contract vendor to address issues in the written deficiency notice.
8.7. Modification of contract: An awarded contract may be modified for a variety of reasons,
Contract modifications will be issued as deemed necessary by Mohave to address contractual
issues that may arise. The contract modification will become effective upon agreement by contract
vendor and Mohave,
8.8. Novation: If contract vendor sells or transfers all assets or the entire portion of the assets used
to perform this contract, a successor in interest must guarantee to perform ali obligations under
this contract. Mohave reserves the right to accept or reject any new party. A simple change of
name agreement will not change the contractual obligations of contract vendor.
8.9. Order cycle overview:
One, or both, of the following order cycles will apply to an awarded contract. A sample
reconciliation report will be provided to contract vendors who have been awarded a contract.
Instructions for Including purchase order, Pcard/credit card purchases, will be contained in that
sample reconciliation report and email.
For Procurements made with purchase orders:
4. Member and/or contract vendor forwards purchase orders to Mohave that Is made out to
the contract vendor and includes contract number, along with a copy of the contract
vendor's quote,
Mohave reviews and emails member order with “MESC Reviewed’ stamp, to contract
vendor and member.
Contract vendor provides product/services,
Contract vendor invoices member,
Mamber pays contract vendor.
Contract vendor sends monthly Reconciliation Report to Mohave, based on invoices pald.
Contract vendor remits administration fee monthly.
Mohave audits selected invoices.
n
PNONAYW
For Procurements made with Pcards/credit card:
1. Member purchases directly from contract vendor using a Pcard/credit card and forwards a
copy of detailed contract vendor quote to Mohave (if applicable),
2, Mohave reviews and emails contract vendor quote with “MESC Reviewed’ stamp, to
contract vendor and member (if applicable),
Contract vendor provides product/services,
Contract vendor Invoices member (if not previously pald with Pcard/credit card),
Member pays contract vendor (if not previously paid with Pcard/credit card),
Contract vendor sends monthly Reconciliation Report listing Peard/credit card transaction,
invoice or quotation to Mohave, based on Pcard/credit card purchases paid.
Contract vendor remits administration fee monthly.
Mohave audits selected Peard/credit card purchases.
SN DUPwW
RFP 22H-0524 94
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