ART SUPPLIES AWARD March 1, 2015 to February 28, Subject to OSC Board of Directors Approval

Transcription

1 OHIO SCHOOLS COUNCIL COOPERATIVE PURCHASING PROGRAM ART SUPPLIES AWARD March 1, 2015 to February 28, 2016 Subject to OSC Board of Directors Approval 6393 Oak Tree Blvd., #377 Telephone (216) Independence, Ohio Facsimile (216)

2 OHIO SCHOOLS COUNCIL Cooperative Purchasing Program Art Supplies March 1, 2015 February 28, 2016 SUCCESSFUL VENDORS: CASCADE SCHOOL SUPPLIES 1 Brown Street North Adams, MA Contact: Todd Shafer Telephone: (800) ext. 16 Fax: (866) pete@cascadeschoolsupplies.com Website: TERMS AND CONDITIONS: Please refer to Vendor s Bid Reference Number on all POs. Will offer discount of 34% on art paper, 41% on drawing, 38% on painting, printing and yarn, and 25% on misc. supplies excluding items listed in award. Minimum order for free shipping $ $8.95 shipping charges for orders under $50. Call for s/h charges for drop ship items. Tax ID # OHIO CERAMIC SUPPLY, INC. P.O. Box 630 Kent, OH Contact: Susan Hogue Telephone: (800) Fax: (330) ocs@ohioceramic.com Please refer to Vendor s Bid Reference Number OSC2015 on all POs. Will offer discount of 36.75% on all pottery supplies excluding items listed in award. $100 minimum order for free shipping. Standard UPS rates apply to orders under $100. Tax ID #

3 SUCCESSFUL VENDORS (cont d): QUILL 100 Schelter Road Lincolnshire, IL Contact: Customer Service Telephone: Fax: TERMS AND CONDITIONS: Please reference Quill Bid # on all POs. Standard shipping 1 2 business days ARO. Large Volume Orders ship via Truck Tailgate Delivery within 2 7 business days. $25 fee for inside-assisted truck delivery. Net 30 days. Tax ID # SCHOOL SPECIALTY Attn: Order Dept. PO Box 1579 Appleton, WI Contact: Order Dept. Telephone: (888) Fax: (888) orders@schoolspecialty.com Website: Please refer to Vendor s Bid Reference Number on all POs. Supply orders $49 or greater ship free (7 and 9 prefix items). Supply orders less than $49 will be charged $9.95. Net 30 days. Tax ID #

4 OHIO SCHOOLS COUNCIL Cooperative Purchasing Program ART SUPPLIES COMMITTEE Mr. Joe Applebaum, Co- Chairperson Brecksville-Broadview Hts. City Schools 6638 Mill Road Brecksville, Ohio (440) Ms. Cindy Vehovec Mentor Ex. Village Schools 6451 Center Street Mentor, Ohio (440) Ms. Cynthia Reinhardt Orange City Schools Chagrin Boulevard Pepper Pike, Ohio (216) Ms. Kimberly Allen Nordonia Hills City Schools 9370 Olde Eight Road Northfield, Ohio (330) Ms. Judy Otten Midview Local Schools 1010 Vivian Drive Grafton, Ohio (440) Mr. Mel Rainey Elyria City Schools Griswold Road Elyria, Ohio Ms. Cara Proehl Firelands Local Schools Vermilion Road Oberlin, Ohio (440) Ms. Lisa Dressig Nordonia Hills City Schools 9370 Olde Eight Road Northfield, Ohio (330) Ms. Nancy Eisenberg Cleve. Hts./Univ. Hts. City Schools 2155 Miramar Blvd. University Heights, Ohio (216) Mrs. Ida Bergson Cleve. Hts.-Univ. Hts. City Schools 2155 Miramar Blvd. University Heights, Ohio (216) Ms. Gloria Wilder, Co- Chairperson Bay Village City Schools 377 Dover Center Road Bay Village, Ohio (440) Ms. Kathy Manning Shaker Heights City Schools Parkland Drive Shaker Heights, Ohio (216) Ms. Cindy Wolski Mentor Ex. Village Schools 6451 Center Street Mentor, Ohio (440) Ms. Leslie Koelsch Avon Lake City Schools 175 Avon Belden Road Avon Lake, Ohio (440) Ms. Debbie Ashbaugh Shaker Heights City Schools Parkland Drive Shaker Heights, Ohio (216)

5 OHIO SCHOOLS COUNCIL COOPERATIVE PURCHASING PROGRAM MEMBERS Board of Directors Randy Boroff Chairman Scot Prebles Vice Chairman Clinton Keener Past Chairman Jeffrey Graham GCSSA Treasurer Gregory Ring Director Robert Mengerink Director Brian Bontempo Director Keith Bell Director Catherine Aukerman Director William J. Zelei Executive Director (216) , ext.6102 Dennis L. Allen Assistant Executive Director (216) , ext Pat Hinkle LEEMC Program Manager (216) , ext Tami Perkins Coop. Purch. Program Manager (216) , ext Kelly Rocco Office Manager (216) , ext Amherst Ex. Village Schools Anthony Wayne Local Schools Archbold Area School District Ashtabula Area City Schools Ashtabula County ESC Auburn Career Center Aurora City Schools Avon Lake City Schools Barberton City Schools Bay Village City Schools Beachwood City Schools Bedford City Schools Bellevue City Schools Berea City Schools Berkshire Local Schools Black River Local Schools Brecksville-Broadview Heights City Schools Brookfield Local Schools Brooklyn City Schools Buckeye Local Schools (Ashtabula) Buckeye Local Schools (Medina) Cardinal Local Schools Chagrin Falls Ex. Village Schools Chardon Local Schools City of Cleveland Heights City of Independence City of Maple Heights City of Mentor City of Parma City of Richmond Heights City of Shaker Heights Clearview Local Schools Cleve. Hts./Univ. Hts. City Schools Cleveland Metroparks Cleveland Metropolitan School District Cloverleaf Local Schools Columbia Local Schools Copley/Fairlawn City Schools Coventry Local Schools Crestwood Local Schools Cuyahoga County Board of DD Cuyahoga Falls City Schools Cuyahoga Heights Local Schools Cuyahoga Valley Career Center Danbury Local Schools East Cleveland City Schools Eastwood Local Schools Elyria City Schools ESC of Lake Erie West ESC of Lorain County Euclid City Schools Evergreen Local Schools Fairport Harbor Ex. Vill. Schools Fairview Park City Schools Firelands Local Schools Garfield Heights City Schools Geauga County Board of DD Geneva Area City Schools Genoa Area Local School District Grand Valley Local Schools Green Local Schools Hawken School Highland Local Schools Hubbard Ex. Village Schools Hudson City Schools Huron City Schools Independence Local Schools Jackson Local Schools Jefferson Area Local Schools Joseph Badger Local Schools Kenston Local Schools Keystone Local Schools Kirtland Local Schools Lake County Board of DD/Deepwood Lake Local Schools (Wood) Lakewood City Schools Lakota Local Schools (Sandusky) Ledgemont Local Schools Lorain City Schools Lorain County Board of DD Lorain County JVS Lordstown Local Schools Madison Local Schools (Lake) Maple Heights City Schools Maumee Valley Country Day School Mayfield City Schools Medina City Schools Mentor Public Schools Midview Local Schools Mogadore Local Schools Newbury Local Schools Nordonia Hills City Schools North Baltimore Local Schools North Central Ohio ESC North Ridgeville City Schools North Royalton City Schools Northwood Local Schools Oberlin City Schools Olmsted Falls City Schools Orange City Schools Oregon City Schools Orrville City Schools Otsego Local Schools Ottawa Hills Local Schools Owens Community College Painesville City Local Schools Pandora Gilboa Local Schools Parma City Schools Patrick Henry Local Schools Penta Career Center Perry Local Schools (Lake) Perrysburg Public Schools Pettisville Local Schools Pike-Delta-York Local Schools Polaris Career Center Port Clinton City Schools Positive Education Program (PEP) Revere Local Schools Richmond Heights Local Schools Rittman Exempted Village Schools Riverdale Local Schools Riverside Local Schools (Lake) Rocky River City Schools Rossford Ex. Village Schools Shaker Heights City Schools Sheffield-Sheffield Lake City Schools Solon City Schools South Euclid-Lynd. City Schools Springfield Local Schools (Lucas) St. Angela Merici School St. Bernadette St. Joseph's School (Amherst) Stow-Munroe Falls City Schools Strongsville City Schools Sts. Joseph & John Interparochial School Summit County Board of DD Swanton Local Schools Tallmadge City Schools Trumbull Career & Technical Center Twinsburg City Schools Vanguard-Sentinel Career & Technology Center Vermilion Local Schools Wadsworth City Schools Warren City Schools Warrensville Heights City Schools Washington Local Schools Wauseon Ex Village Schools Wellington Ex. Village Schools West Branch Local Schools West Geauga Local Schools Westlake City Schools Wickliffe City Schools Willoughby-Eastlake City Schools Wood County Board of DD Wood County ESC

6 DATE: JANUARY 8, 2015 TO: SELECTED VENDORS SUBJECT: REQUEST FOR PROPOSAL BID ID: ART SUPPLIES PRICING EVENT: FEBRUARY 13, 2015 AWARD PERIOD: MARCH 1, 2015 to FEBRUARY 28, 2016 The Ohio Schools Council (OSC) extends an invitation to your company to submit pricing in the catalog listed above via dynamic pricing event. REVERSE AUCTION INFORMATION The OSC is requesting pricing for a twelve (12) month term contract with optional extensions for four (4) additional years for Art Supplies. The term contract will run from March 1, 2015 through February 28, The Contractor shall provide all the necessary products as specified below. Service specifications and frequencies can be altered at the discretion of the buying entities and all information given here is an estimate and not a guarantee. Reverse Auction Information: The Ohio Schools Council will accept bids for Art Supplies using an online Reverse Auction Process managed and hosted by Electronic Auction Services, Inc (EASi). Sealed response documents without pricing information for Art Supplies will be received by the Ohio Schools Council via Electronic Auction Service s platform, ra.eauctionservices.com, on or before Wednesday, February 4 at 4:00 p.m. Pricing for Art Supplies will be received via the Reverse Auction process scheduled to take place on Friday, February 13 at 10:00 a.m. A condition of participation in the Reverse Auction is that vendors complete all bid proposal forms and be deemed responsive to all requirements and responsible to perform the services or to provide the goods. Such determination will be a pre-requisite to participation in the Reverse Auction event. Following completion of the bidding process, the OSC shall award a contract to the responsible bidder whose bid meets the specifications or description of the services or supplies to be acquired, so long as it is in the opinion of the OSC that the best interests of the OSC would be served thereby. Price shall be a significant factor in the awarding of a contract. Other facts that my be considered include, but are not limited to: the bidder s number of years in service; office locations; the bidder s history; education and experience of personnel assigned to perform the services; types of services offered; technical expertise of the personnel who would be assigned to perform services; availability of staff to perform services based on workload; and/or any other past experience of the bidder in serving or providing supplies to any entity participating in the auction. In the event that all bids submitted exceed the amount appropriated for the award of the contract, the OSC shall have the authority and right to negotiate an award with the apparent responsible bidder, so long as the bid is within twenty-five percent (25%) of the amount appropriated. If it is obvious from the examination of the bid documents that it was the intent of a qualified bidder to submit a responsive bid and that the bid, if accepted, would create a serious financial loss to the bidder because of clerical error, the OSC shall have the authority to relieve the bidder from responsibility and may reject the bid. Method of Award: It is the intention of the OSC to award this contract based on a percent discount off of vendor catalogs per identified category. 2

7 1. PLEASE OPEN AND PRINT each of these items: a. Acceptance of Contract; b. Debarment Certification; c. IRS W-9; d. Current Award; e. Excel Proposal Workbook; f. EASI Supplier Agreement Terms and Conditions; and, g. Rules for Participating in an Online Dynamic Reverse Auction Event 2. RETURN TO OSC before Wednesday, February 4 at 4:00 p.m. EST: a. The completed Acceptance of Contract ; b. The completed US Dept. of Agriculture Debarment Certificate ; c. The completed IRS W-9 Form ; d. Your company s recent catalog or website address where item descriptions and specification verifications are available; e. Samples, if indicated in Item Notes, or if quoting a product other than that listed in Manufacturer ; f. The completed Excel Art Supplies Proposal Workbooks; g. The completed EASI Terms and Conditions; and, h. The completed Rules for Participating in an Online Dynamic Reverse Auction Event Upload all completed forms to and send all catalogs and samples to Ohio Schools Council prior to Wednesday, February 4 at 4:00 p.m. EST. Tami Perkins, Program Manager Ohio Schools Council 6393 Oak Tree Blvd., #377 Independence, Ohio Tel ext Fax tperkins@osconline.org OHIO SCHOOLS COUNCIL REQUEST FOR PROPOSAL YOU ARE THE ONLY PERSON AT YOUR COMPANY RECEIVING THIS INFORMATION. PLEASE CONTACT US IF SOMEONE ELSE IN YOUR COMPANY SHOULD RECEIVE THIS INFORMATION. Approximately 155 school districts and non-profit organizations serving approximately 400,000 students are eligible members of our coop for this catalog area. Note that estimated quantities in the Specifications are for the districts that indicated an interest in purchasing through the Ohio Schools Council. The current award is available at osconline.org for your reference. 1) VERIFY YOUR ENTRIES 2) COLLECT SALES DATA ON ALL ITEMS SOLD TO OUR MEMBERS. YOU WILL BE ASKED TO PROVIDE SALES INFORMATION DURING YOUR CONTRACT. CAUTION: If your company considers some items to be hazardous materials please indicate such in the Item Variance cell and on the Acceptance of Contract form with the additional cost of shipping indicated as such (Example: Hazardous + $30 Shp.Chg). Thank you for your participation in this process. If any questions arise, please contact Tami Perkins of the OSC at (216) ext.6103 or Kelsey Resnick of EASI at (330) for assistance. 3

8 OHIO SCHOOLS COUNCIL GENERAL TERMS AND CONDITIONS I. DEFINITIONS A. Owner" shall mean the Boards of Education or other non-profit organizations that are members of the Ohio Schools Council (OSC) Cooperative Purchasing Program. A list of members is attached in this specification. All members of the Cooperative Purchasing Program have the right to purchase from the awarded Vendors whether or not they contributed to the estimated units required. B. "Vendor" shall mean any person, firm or company obligated to furnish service, equipment and/or products. C. OSC" shall mean the Ohio Schools Council. II. RIGHTS OF THE OSC A. The OSC reserves the right to reject any or all price quotations for any item or groups of items, may award contracts for items to a single vendor or on a line item basis, and to waive informalities or irregularities in quotation forms or procedures. Incomplete or missing requests for information, documents or attachments shall be considered non-responsive and the bid thus rejected. Awards are made in accordance with the best interest of the Owner and are subject to OSC Board of Directors approval. B. The members reserve the right to refuse delivery of any one item or items failing to meet specifications or prices as quoted by the vendor. C. Amounts of materials indicated as estimated usage quantities should not be considered as firm commitment quantities. D. Prices quoted are to be in effect for the entire length of the term unless mutually agreed upon for changes by the vendor and the OSC. E. The Manufacturer established by the OSC is indicative of type, function, minimum standard of quality, design and efficiency and should not be construed to mean exclusion of a manufacturer s product of comparable standards. Products meeting equivalent quality and matches form, fit and function can be quoted, with samples of the equivalent being sent to Ohio Schools Council prior to the bid closing. However, when manufacturer is indicated as NO SUB, no other manufacturer will be accepted for that item. F. Upon mutual agreement between Vendor and the OSC, the OSC reserves the right to extend this contract for an additional term. III. PURCHASING A. All purchase orders shall be initiated by the members - not by the OSC. Questions pertaining to orders or invoicing should be directed to the individual members. B. All purchase orders for merchandise covered by this quotation will be identified as being a function of the Ohio Schools Council Cooperative Purchasing Program. IV. DELIVERY Vendors whose price quotations are accepted shall: 1) Deliver, upon receipt of a purchase order, those items required by the members. 2) Deliver such items to the site specified by the members, including inside delivery. 4

9 3) a) The Vendor whose quotation is accepted shall deliver the articles mentioned in the purchase order as soon as possible but within 30 days after purchase order has been received, or on a date thereafter as specified by the Owner. b) The Vendor agrees to warehouse merchandise purchased by members, either pre-paid or via open Purchase Order, including copy paper, and deliver quantities as requested by member, without additional charge. c) Vendor shall not be obligated to warehouse merchandise for more than one year. d) Minimum delivery requirement shall be $ Members of the Cooperative Purchasing Program agree to a $50.00 minimum order. There may be a few times the member may need to purchase less than the $50.00 minimum. In this case, the member must get prior approval from Vendor to issue a purchase order for less than $50.00 on quoted prices. The Vendor is not obligated to accept orders for less than the agreed $50.00 minimum. 4) All articles, materials and papers shall be delivered to the location specified by the Owner, which includes inside delivery. The Vendor shall pack, crate and label each package to the respective locations as directed by the Owner. Separate purchase orders shall not be combined. Each order shall be packed separately, and the outside label must show the purchase order number. 5) All unit packages must be labeled in a conspicuous place with size, weight, and identification, or any other pertinent information. All containers shall be labeled as to nature and amount of the contents and to identify the source or supply. The label shall include simple directions covering the use of the item. All containers shall be stamped with the date of manufacture. All items must be labeled to comply with local, state and federal regulations, including OSHA. V. INVOICING 1) Two copies of the invoice must accompany all deliveries. When an entire order is not delivered to the member at one time, the invoice shall be delivered when the order is complete. If an item ordered is not available, the Vendor shall contact the member for further instruction. 2) No charge above the quoted price shall be made by the Vendor for packing, delivering, placing or invoicing goods unless such charges were specified in the quotation submitted by the vendor and accepted by the committee. 3) Awarded vendor is responsible for providing a purchase report to EASI at the beginning of the month for Reverse Auction Fee invoicing. VI. COLLUSIVE BIDDING The Vendor certifies that his bid is made without any previous understanding, agreement or connection with any person, firm or corporation making bid for the same project, and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. VII. INSURANCE COVERAGE All companies must submit, upon request, proof of the following insurance coverage: A. Workers' Compensation - Statutory. B. Comprehensive General Liability, including coverage for: occurrence basis and broad form under PD liability; personal injury; and contractual liability (indemnification) 1. Bodily Injury $1,000,000 each occurrence for: Premises and operations Independent contractors Completed operations & products 2. Personal Injury $1,000,000 General Aggregate. 3. Property Damage $500,000 each occurrence for: 5

10 Premises - operations Independent contractors Completed operations & products Contractual, $1,000,000 aggregate for: Operations, independent contractor, products and contractual. C. Comprehensive Automobile Liability, including coverage for: Non-owned and hired automobiles and occurrence basis for property damage liability. 1. Bodily Injury $1,000,000 each person 2. Property Damage $500,000 each Occurrence VIII. NON-PERFORMANCE Vendor shall perform to the satisfaction of the Owners and the OSC and comply with the terms and conditions stated herein for the length of the contract period. Non-compliance and/or unsatisfactory performance can result in termination of respective services with said Vendor prior to the end of the contract period given thirty (30) days written notice. In the event of termination with a Vendor, the next Vendor who meets the best interest of the Owners will be awarded the previous Vendor s items. IX. PENALTY CLAUSE After the Ohio Schools Council awards items to Vendors, Non-Awarded Vendors are not permitted to solicit purchasing units and offer another price to OSC members. Vendors pursuing this practice will not be offered the opportunity to quote Ohio Schools Council catalogs for the next bid period. INSTRUCTIONS FOR COMPLETING PROPOSAL WORKBOOK The following instructions/explanations will assist in the submission of information on the proposal workbook. 1. Please observe the Manufacturer established by the OSC. This is indicative of type, function, minimum standard of quality, design and efficiency and should not be construed to mean exclusion of a manufacturer s product of comparable standards. Products meeting equivalent quality and matches form, fit and function can be bid, with samples of the equivalent being sent to Ohio Schools Council prior to the bid response due date will be considered by the OSC. 2. Do not submit multiple "Offered Equivalent" products per line item please submit only one offered equivalent for each request. 3. Include any miscellaneous information in "Notes" that may be helpful: "Sold in dozens only", "MFG changes" or differs from the item specified: quantity of 50 instead of 100. Also indicate in Notes the differences of your product if you do not quote as specified. 4. Vendors are encouraged to submit creative pricing incentives and cash discounts for prompt payment. However, these incentives will not be considered in determining best quotations. 5. For items listed in a catalog, list manufacturer and catalog page numbers in Notes column in your bid response. Provide OSC with said catalog prior to bid response due date. 6. All bid pricing will be collected via the online pricing event managed and hosted by EASI. No telephone, fax, mail or personal delivery of bid pricing will be accepted. Supplemental documents may be faxed, ed or mailed to OSC offices. 7. The Cooperative Purchasing Program of the OSC will be the sole judge of the Vendor's ability to service member schools. 6

11 ONLINE BIDDING PROCESS INFORMATION The OSC will accept bids for Art Supplies using an Online Bidding Process managed and hosted by EASI. Pricing for Art Supplies will be captured via an Online Bidding Event scheduled to take place on Friday, February 13 at 10:00 AM EST. The Online Bidding Process will be conducted in accordance with the OSC purchasing provisions and the specifications for this Bid. The Online Bidding Process will be used to determine final pricing. By submitting a bid through the Online Bidding Event, the bidder agrees to abide by the terms and conditions of the OSC policies and procedures for the purchase of goods and services, the terms and conditions of the Online Bidding Event and the terms and specifications for this bid. ONLINE BIDDING EVENT PROCEDURES EASI will provide notice to each bidder through telephone or regarding the bidder s inclusion or exclusion from the qualified bidders list. This will be the official invitation to participate in the Online Bidding Event EASI will work with the bidder to prepare for the Online Bidding Event. Preparation may include, but is not limited to: testing of the bidder interface, review and discussion of Online Bidding Event procedures and other documentation, and training. During the Online Bidding Event, only those bidders on the qualified bidders list will be allowed to participate in the event. EASI will provide the necessary administrative support to ensure that the integrity of the Online Bidding Event is not compromised. EASI will keep an event record, which will include the prices offered by the bidders. The EASI bidder interface will be configured such that a bidder will not know the identity of competing bidders. EASI will begin the event through electronic notification to all qualified bidders. Bidders may submit multiple prices during the event. The lowest price offered by each qualified bidder will become the price portion of the bid response. Bids must be submitted by, or under the direction of, an authorized representative of the bidder as designated in the qualifications summary. The Online Bidding Event will have a scheduled stop time. The event may be extended if bids are received within a predetermined amount of time prior to the scheduled stop time. Specific procedures on time extension will be contained in the event procedures that will be reviewed and discussed with all qualified bidders. The event will conclude at either the scheduled stop time or at the time at which all extensions are completed, whichever is later. After the conclusion of the auction event, the OSC will consider the qualifications summary and the price offered during the auction event to determine the lowest responsive and responsible bidder. ONLINE BIDDING EVENT TRANSACTION FEE The awarded bidder agrees to and is required to pay a transaction fee to EASI pursuant to the Terms & Conditions signed and returned to the OSC prior to the bid response due date. The awarded Supplier will be responsible to pay the Fee of three percent (3%) to EASI for all payments received from the OSC, any of its political subdivisions or any other entity (the Buying Agent ) resulting from this bidding event or subsequent contract. In a catalog award, this Fee is based on purchases against any awarded vendor s complete catalog, not only identified categories or items within a proposal workbook. The transaction fee is payable to EASI as follows: Term Purchase Contracts The fee for contracts for a period of time during which goods are purchased or services are rendered will be charged to your Preferred Transaction Fee Payment Method within fifteen (15) days of the end of each month. 7

12 CAUTION: If your company considers some items to be hazardous materials please indicate such in the Notes and Attachments cell and on the Acceptance of Contract form with the additional cost of shipping indicated as such (Example: Hazardous + $30 Shp.Chg). Thank you for your participation in this process. If any questions arise, please contact Tami Perkins at tperkins@osconline.org for assistance. INSTRUCTIONS FOR SUBMITTING BID RESPONSE The following instructions/explanations will assist in the submission of information on the quotation form. 1. VENDOR HAS 24 HOURS FROM BID DUE DATE AND TIME TO WITHDRAW THEIR BID. After the first twenty-four (24) hours, no company shall withdraw their proposal for ninety (90) days. All offers are firm for the bid period. Check your proposal carefully because errors cannot be corrected after proposals are opened. It is a condition to any award under this proposal that bidders shall deliver at prices quoted, even in error if not withdrawn in the first 24 hours of opening. 2. The Cooperative Purchasing Program of the OSC will be the sole judge of the Vendor's ability to service member schools. 8

13 OHIO SCHOOLS COUNCIL COOPERATIVE PURCHASING PROGRAM ART SUPPLIES REQUEST FOR PROPOSAL March 1, 2015 February 28, 2016 RFP Item # 1: Art Supplies Proposal Workbooks See attached RFP Item # 2: EASI Supplier Agreement Terms and Conditions Appendix A 9

14 Appendix A Electronic Auction Service, Inc. ( EASI ) SUPPLIER AGREEMENT TERMS AND CONDITIONS READ THIS SUPPLIER AGREEMENT TERMS AND CONDITIONS ( AGREEMENT ) CAREFULLY BEFORE SIGNING. BY SIGNING, YOU WILL BE PERMITTED TO UTILIZE THE EASI INTERNET- BASED STRATEGIC SOURCING SOLUTION ( SOLUTION ) FOR THE PURPOSE OF PARTICIPATING IN THIS ONE-TIME, ONLINE PRICING EVENT PROCESS. YOU WILL BE ALLOWED TO RECEIVE REQUESTS FOR INFORMATION AND QUOTATIONS. YOU WILL BE ALLOWED TO SUBMIT BIDS AND PROPOSALS NECESSARY TO PARTICIPATE IN THE ONLINE PRICING EVENT PROCESS. SHOULD YOU CHOOSE NOT TO SIGN AND RETURN THIS AGREEMENT PRIOR TO THE ONLINE PRICING EVENT PROCESS, YOU WILL BE DENIED ACCESS TO THE SOLUTION AND THE ONLINE PRICING EVENT PROCESS. EASI does not verify or validate any buyer information provided or representations made by users on the Solution, and makes no warranty of any kind to you concerning any buyer offerings using the Solution. You acknowledge EASI, its employees, agents and partners make no warranty of any kind, either express or implied, regarding the quality, accuracy or validity of any data and information available on the Solution, or residing or passing through its network, other than information and data that is provided directly to you from EASI. You further acknowledge any agreement entered into by you as the supplier of goods or services from a participating buyer is an agreement solely with such buyer, and EASI is in no way a party to or responsible for the performance of such agreement. Therefore: 1) EASI DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO ANY TRANSACTION ENTERED INTO BETWEEN A PARTICIPATING BUYER AND A SUPPLIER, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INTENDED USE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; AND 2) EASI FURTHER DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING INFORMATION SUPPLIED, OR REPRESENTATIONS MADE, BY ANY BUYER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION RELATING TO PRODUCT SUITABILITY, SPECIFICATIONS, OR REQUESTED AVAILABILITY, OR THE TRUTHFULNESS OR ACCURACY OF ANY OTHER INFORMATION OR REPRESENTATION MADE OR SUPPLIED BY A BUYER OR ANY OTHER SUPPLIER INVOLVED IN THIS AGREEMENT. BY YOUR SIGNATURE BELOW, AND BY SUBSEQUENTLY USING THE SOLUTION, YOU AGREE TO COMPLY WITH ALL TERMS AND CONDITIONS SET FORTH BELOW AND WITH ALL INSTRUCTIONS FOR USE POSTED ON THE SOLUTION. 1. Utilization. You are granted a one-time, non-transferable, non-exclusive right to access the Solution through EProcureLive website by the use of a password(s) and/or access code(s) for the purpose of participating in a specific Online Pricing Event Process. Any subsequent rights to access the Solution will require you to accept a new Supplier Agreement Terms and Conditions. EASI reserves the right to terminate your access to the Solution or any of its services at any time, if EASI shall determine, in its sole discretion, which you have violated any term(s) of this Agreement with respect to your access to and use of the Solution. In the event of such termination, EASI shall notify you immediately. 2. Responsibilities of the Parties. Subject to the terms and conditions of this Agreement, EASI will make available to you electronic access and use of the Solution for you to participate in a one-time, Online Pricing Event Process. EASI will also provide such other assistance in the way of customer support and service as are set forth below. It is solely your responsibility when using the Solution to comply with all applicable local, state and federal statutes, ordinances, regulations, and policies governing the sales of goods or services by your company. EASI shall have no responsibility for ensuring sales of goods or 10

15 services using the Solution will comply with such laws, ordinances, regulations, or policies. The Supplier, in using the system, has the responsibility for the sale including, but not limited to, the following: Accepting the terms and conditions of this agreement as contained in the Bid Package not less than 3 business days in advance of a scheduled Online Pricing Event Process Selecting appropriate procurement opportunities to participate Preparing and assuring the completeness of any bids, quotes or proposals Submitting any bids, quotes or proposals electronically within the buyer established deadlines Maintaining with the Buyer, the security and the integrity of the bid procurement process Participating in any Pre-bid Conference(s) and telephonic tutorial for suppliers prior to an Online Pricing Event Process Compliance with all applicable legal requirements Establishing and adhering to the terms and conditions of buyer contracts Assuring proper authorization to enter into a contract and the proper administration of any resulting contract As a supplier, you also acknowledge that EASI s responsibilities are, but not limited to, the following: Clarifying buyer needs and specifications to the supplier Assisting in the completion of a comprehensive Bid Package Hosting telephone tutorials with all suppliers on utilization of the electronic bid process Participating in any Pre-bid Conference(s) Conducting the Online Pricing Event Process and providing help desk support during the event Publishing appropriate results to the users and obtaining feedback from participants 3. Conduit Services Only. The Solution provides only an Internet conduit through which the following may take place: (a) you may communicate the availability of your goods and services to potential buyers, (b) potential buyers may communicate their procurement needs to you and (c) you may respond to requests for quotations, bids or proposals in Online Pricing Event Process. You will be entitled only to respond to requests of potential buyers for quotations, bids or proposals if you have accepted the terms and conditions of this Agreement. EASI makes no representation of any kind concerning the reputation, reliability or any other matter concerning participating buyers. EASI recommends you conduct your own inquiries concerning the qualifications and reputation of buyers, and you must look only to the buyers with whom you choose to transact business for performance of any agreements with them. 4. Buyer Representations and Warranties. EASI does not verify the information supplied or representations made by buyers on the Solution and makes no warranty of any kind to you concerning any buyer using the Solution. EASI recommends you look solely to the buyer with respect to any buyerrelated information, representations and warranties. 5. Coded Access. Participation in the Online Pricing Event Process is available only to persons and entities who have read and agreed to the terms of this Agreement and who have been assigned access code(s) and/or password(s). You agree not to divulge your access codes or passwords to any other person or entity. EASI is not responsible for such unauthorized use of the Solution. 6. Availability and Operation of the Solution. While every effort will be made to keep the Solution operating during all scheduled hours of operation, no guarantee of uninterrupted operation can be given. You agree the services provided on the Solution are provided as is and that neither you nor your business will have any claim against EASI as a result of any non-availability of the Solution at a particular time or times or any failure of the Solution to operate as intended. 11

16 7. Sole Remedy. If you are dissatisfied with the functionality of this Solution or the services EASI provides, your sole remedy is to cease using the Solution. YOU AGREE THAT YOU HAVE, AND WILL HAVE, NO CLAIM OR RIGHT OF ACTION OF ANY KIND AGAINST EASI RELATED TO YOUR USE OF THE SOLUTION. 8. Virus. You hereby agree EASI will not be liable for any harm that may be caused by the inadvertent or deliberate transmission of any malicious computer software, or such other computer program transmitted through its website from a third party. 9. Information You Provide. You agree any information you provide about yourself or your agents when registering to use the Solution is accurate, current and complete and you will maintain and update that information to ensure that it remains as such. If EASI suffers any claim or incurs any liability as a result of information entered into the Solution by users of your account, you and your business will indemnify EASI against such claim or liability including costs and attorney s fees incurred in defending against it. 10. Security. EASI uses industry-standard security measures to safeguard any information you may provide to us on our website. You, your organization and/or your agents have the responsibility to manage your internal security by safeguarding passwords and establishing your own internal security procedures, to assure the proper use of the Solution. In the event of any compromise in the security of the Solution, you agree to immediately report the same to EASI and a new password will be assigned for your use. EASI does not and cannot guarantee that information will remain secure. 11. Transaction Fee ( Fee ). The design, maintenance and operation of the Solution requires substantial costs and investment by EASI. Thus, a Fee based on the total final purchase price stated upon award will be charged to the awarded Supplier. The Fee for specific products and services for each Online Bid shall be owed by you and your company upon the execution of each awarded sale resulting from your submission of any request for quotations through this Solution. You hereby acknowledge that once you have viewed or received a request for quotation through or as a result of the Solution, and submitted an initial quotation of which a sale has ultimately been consummated as a result thereof, whether or not consummated through the Solution or other forms of bids or negotiations, you are obligated to pay the Fee to EASI if as the awarded Supplier. Said Fee will be assessed to the awarded Supplier by EASI as follows. Awarded Supplier Reporting and Payment Terms and Conditions: The awarded Supplier will be responsible to pay the Fee of 3% to EASI for all payments received from the Buyer, any of its political subdivisions or any other entity (the Buying Agent ) resulting from this bidding event or subsequent contract. Upon notification of award from the Buyer, the awarded Supplier is required to provide ACH or credit card account payment information ( Preferred Transaction Fee Payment Method ) to EASI. EASI will charge the awarded Supplier via the Preferred Transaction Fee Payment Method based on the terms below: Term Purchases: For Term or ongoing purchases, awarded Supplier is required to enter into the Solution all Buyer s payments received (the Payment or Payments ) and details of the items, quantities and prices associated with those Payment(s) received within ten (10) days of the end of each month. If awarded Supplier fails to enter Buyer s payment information by the 10th of the month EASI will charge to Supplier s Preferred Transaction Fee Payment Method an amount equal to one month of the overall contract value estimated by the Buyer times the Fee percentage. The Fee will be charged to your Preferred Transaction Fee Payment Method on the fifteenth of each month. This agreement is binding on all renewable and/or evergreen/roll-over contracts until and unless such time buyer re-bids same in a manner consistent with acceptable procurement procedures. 12

17 Suppliers will insure this transaction fee is included in every bid they submit before or during an auction. You further acknowledge any payment made by a buyer with respect to a sale in which you were the winning bidder, whether or not such payment is made directly to you or a third party, will cause you to be immediately liable to EASI for the Fee. Because these fees are expected to be INCLUDED in your pricing, these fees shall not be delineated in your invoicing to the buyer. Audit Right: the Buyer and EASI reserve the right to audit the accuracy of the Fees. Audits shall be conducted during regular business hours, upon not less than fifteen (15) business days prior written notice, and in such a manner as not to unreasonably interfere with the awarded Supplier s normal business activities. Fees will be due immediately for any errors or omissions disclosed by any such audit. If, as a result of any such audit, Fees are determined to have been underpaid by more than five percent (5%) for the period audited, awarded Supplier shall pay for the costs of such audit. Any and all subsequent orders resulting from this specific Online Pricing Event Process for like equipment, services or materials are subject to these terms and conditions in their entirety. 12. Disclosures. You acknowledge by using the Solution, you agree to provide EASI accurate and complete information regarding (a) any agreement entered into by you with a participating buyer through or as a result of any Online Pricing Event Process conducted through the Solution; (b) the final price agreed upon between you and the participating buyer with respect to the product or service sold to such buyer, and (c) the date payment (whether a payment in full or a partial or installment payment) is delivered to you by any buyer pursuant to any agreement entered into by you with a participating buyer through or as a result of any Online Pricing Event Process conducted through the Solution. You understand and acknowledge you are to provide this information to EASI immediately upon becoming aware of such information and EASI relies upon your delivery of such information for the calculation and payment of its fees as set forth in Section 11. You acknowledge and agree the buyers conducting Online Pricing Event Process through the Solution may be governmental or quasi-governmental entities, and that, prior to entering into any binding agreement with you for the purchase of any product or service, such buyers may be required to comply with numerous state and local laws, regulations and ordinances with respect to the procurement of goods and services by governmental entities. You acknowledge and agree such compliance by participating buyers may involve public notice, public hearings, counsel meetings, and other lengthy processes. 13. Privacy Policy. You hereby acknowledge EASI has the right to monitor the Solution electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate its service properly, or to protect itself or its users. EASI reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable or in violation of this Agreement. The information we receive depends on what you do when visiting the Solution. If you visit the Solution to read or download information, we collect and store only the following information about you: the name of the domain and host through which you access the Internet (for example, aol.com if you are connecting from an America Online account), and the date and time you access the Solution. EASI uses this information to measure the number of visitors to different sections of the Solution, so that EASI can make the Solution more useful to our visitors. If you actively participate in using or providing any of the services offered through the Solution, we collect and store the personally identifiable information needed to facilitate this participation (typically your name, company name, mailing address, address). If you wish to use a link to another website or to do business with another user of the Solution, you may be asked by the other user to provide certain confidential information. You agree not to hold EASI 13

18 responsible for any loss or damage of any sort incurred as a result of any such disclosure to another user through the Solution. EASI does not control the collection or use of this information, and makes no representations about the privacy policies of other sites. 14. Reselling or Transfer. You agree not to resell or transfer your right to use the Solution to anyone, and you will not allow your access code or password to be used by any other company or unauthorized person. 15. Access to Internet. You agree that in order to use the Solution you must: (a) provide your own access to the Internet, and (b) provide all equipment necessary for you to make the connection to the Internet. EASI is not responsible for the speed, reliability and/or quality of your connectivity to the Internet. 16. Interference with Others. You agree not to use the Solution in a manner that would restrict or inhibit any other party s use of such services. 17. Links to Other Sites. This Solution may link you to other sites on the Internet. These links are provided for your convenience but the sites to which the links connect are not under EASI s control. You understand and agree that the linking of the system to other sites does not mean that these sites are endorsed by EASI, and EASI is not responsible for the legality, accuracy or any other aspect of the operation or content of any sites to which links are provided. 18. Copyright How you May Use the Content of the Solution. The content of this Solution (the Content ) is protected by intellectual property laws of both the United States and foreign jurisdictions. You may download, use, and copy the materials found on the Solution for your internal business use only, provided that all copies that you make of the material must bear any copyright, trademark, or other proprietary notice located on the Solution which pertains to the material being copied. This material is not for republication, except as authorized in this paragraph. You are not being granted a license under any copyright, trademark, patent, or other intellectual property right in the material or the services, processes, or technology described therein. All such rights are retained by EASI and/or any third party owner of such rights. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. None of the Content, including any software, may be reverse engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, resold, or redistributed without the prior written consent of EASI, except as described herein. Nothing in this paragraph prohibits you from printing, using or reproducing any records or reports of your transactions using the Solution. 19. Framed Links. You may not create framed links to the Solution without express written permission from EASI. 20. Modification. EASI, in its sole discretion, has the right to modify this Agreement at any time. Any modification is effective upon either posting notice of such modification on EASI s website or upon notice by certified mail. Your continued use of the Solution following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modifications. 21. Non-Circumvention. You agree you will not, directly or indirectly, take any action with the Buyer or any other Suppliers involved in this specific event which circumvents or attempts to circumvent the intent or purpose of this Agreement. Further, you agree that once (1) you have agreed to the terms and conditions contained herein and 2) electronically viewed or received a specific request for quotations from a buyer through the Solution, you will not, directly or indirectly, enter into any agreement related to such specific request for quotations with such buyer outside the Solution or in any manner such as paper or verbal bids which would result in your failure to pay to EASI the fee set out in Section 11 14

19 hereof. You agree to maintain confidentiality between the Buyer, your company and its representatives and EASI regarding the submission of quotations and subsequent pricing before and during the Online Pricing Event Process. 22. Governing Law. This Agreement and the rights of the parties to this Agreement shall be governed by and interpreted in accordance with the laws of the State of Ohio, without regard to or application of its conflict of laws principles. 23. Partial Enforceability. If any provision of this Agreement, or the application of any provision to any person, entity or circumstance shall be held invalid, illegal or unenforceable, then the remainder of this Agreement, or the application of that provision to persons, entities or circumstances other than those with respect to which it is held invalid, illegal or unenforceable, shall not be affected thereby. 24. Entire Agreement. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements, negotiations, correspondence, undertakings and communications between such parties representing such subject matter. 25. No Consequential Damages. Except as prohibited by law, each party hereto waives any right it may have to claim or recover any special, exemplary, punitive or consequential (including business interruption), or any damages other than, or in addition to, actual damages. 26. Headings. The headings in this Agreement have been included solely for ease of reference and shall not be considered in the interpretation or construction of this Agreement. YOUR SIGNATURE BELOW IS YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ AND FULLY UNDERSTAND THE FOREGOING AND AGREE TO ABIDE BY ITS TERMS AND CONDITIONS IN THEIR ENTIRETY. I understand that if I Do Not Accept the terms listed in this Agreement or if I do not respond to this Agreement, EASI cannot allow me or my company to participate in the online bid. I accept the terms listed in this agreement Company Name Name Title Signature Date Please review the following rules for participating in an Online Pricing Event Process: I understand the auction configuration parameters as they are displayed in the section above, entitled, Reverse Auction Event Configuration. I acknowledge that I have received and fully understand the training and I am capable of bidding in the Online Pricing Event Process. If someone else is designated by me to bid in this event, I take responsibility 15

20 for that bidder s capabilities, will notify EASI, and I acknowledge that this Agreement will apply to the designated bidder. I understand that I should not attempt to troubleshoot any technical problems on my own, especially problems I am experiencing in the Online Pricing Event Process and that I should call EASI IMMEDIATELY at I understand that if I encounter any difficulties in placing a bid that I am to contact EASI via phone immediately and that, if necessary, EASI will assist me in placing a bid. I understand that adequate time must be provided to EASI to assist me and agree that EASI is not liable if I am unable to place a bid for any reason before the online bid closes. I understand that the official Online Pricing Event Process clock is maintained by EASI s server and due to Internet connection speeds the Online Pricing Event Process clock on my computer may vary. For this reason, it is important that I submit my bid with ample time remaining in the Online Pricing Event Process to prevent late bids from being rejected due to the lag in connection speeds and clock times. Ultimately, EASI s server is the official clock and by following instructions in this Agreement, I will minimize the possibility that my intended bid will not be accepted. I understand that there are extensions built into this Online Pricing Event Process in order to allow fair and ample opportunity for all bidders to counter last-minute bids. This is done to leverage Internet connection speeds. If a bid is placed within the last 3 minutes of the Online Pricing Event Process the clock will reset to 3 minutes until no further bids are placed and the time expires. I understand that I should not wait until the last 60 seconds of an Online Pricing Event Process to place a bid. I also understand that by waiting until the last 60 seconds to place a bid I risk problems associated with Internet transmission speeds and take the chance of having my bid rejected. I agree that neither EASI nor the Buyer using the Online Pricing Event Process for purchases is responsible or liable if my bid is submitted too late or improperly and is not accepted by the software. I understand that in some cases, an Online Pricing Event Process might be re-opened if technical issues prevented a bidder or bidders from placing bids and those issues were brought to EASI s attention immediately. I acknowledge that a re-opening decision will be at the discretion of EASI and the Buyer. Due to the possibility of a re-opening, I understand that I should remain logged on and attentive to the EASI Auctions site until a broadcast message announces the bid has officially closed. I understand that EASI is under no obligation to re-open an Online Pricing Event Process for a bidder to place a bid for any reason, particularly if a bidder does not contact EASI immediately after attempting to place a rejected bid. I understand that there may be an opening price in the Online Pricing Event Process and that I cannot place a bid higher than this price. This price represents the maximum allowable price that the system will accept in the Online Pricing Event Process. I understand that an established reserve price may have been set in the Online Pricing Event Process and that this price reflects the price at or below which the Buyer intends to award the bid. I do not know this price, but there will be indication on my screen when the reserve has been met. I also understand that if this price is not met during the Online Pricing Event Process, the Buyer retains the right to not award the bid. I understand that the Buyer has the right to reject any and all bids and that possessing the low bid in the Online Pricing Event Process does not necessarily guarantee that the low bidder will be awarded. 16