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HomeMy WebLinkAboutContract 57895 FORT WORTH CSC No. 57895 CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement("Agreement") is entered into by and between ZINIlOERER KUBOTA & EQUIPMENT INC ("Vendor"), as the authorized retailer of Kubota Tractor Corporation under COOP Contract Number 611-20 and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A— Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B—Cooperative Agency Contract(e.g.,NJPA, DIR, BuyBoard); and 4. Exhibit C—Conflict of Interest Questionnaire. Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be an amount not to exceed Three Hundred Fifty Thousand Dollars and Zero Cents ($350,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall coincide with the terms of the Cooperative Agreement beginning on April 30, 2021, and ending on April 30, 2025. Vendor agrees that City shall,until the expiration of three(3)years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX To CITY: To VENDOR: City of Fort Worth ZIMMERER KUBOTA & EQUIPMENT INC Attn: Valerie Washington, Assistant City Attn: Steve Lee,Assistant Store Manager Manager PO Box 162389 200 Texas Street Fort Worth, TX 76161 Fort Worth, TX 76102-6314 Facsimile: N/A Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: t�*t�ti By signing I acknowledge that I am the person By: Valerie Washington(Jul25,2022 20:53 CDT) responsible for the monitoring and administration Name: Valerie Washington of this contract,including ensuring all performance Title: Assistant City Manager and reporting requirements. Date: Jul 25, 2022 i ' APPROVAL RECOMMENDED: By: Name: Matthew Quinn Title: Management Analyst II By: )OP? f0-- APPROVED AS TO FORM AND LEGALITY: Name: Richard Zavala �o4vn���� Title: Director �!°00000' a °�9�der � ATTEST: 0vo o=� By: 0 a *a a Name: Taylor Parispd�°° o Title: Assistant City Attorney r 7Gl`I`IP.��P. c1. C7000��GG ���nEXAso4p By: Jannette S.Goodall(Jul 26,2022 08:06 CDT) CONTRACT AUTHORIZATION: Name: Jannette S. Goodall M&C: 22-0441 Title: City Secretary VENDOR: ZIMMERER KUBOTA & EQUIPMENT INC Steven F `ae By. Steven F.Lee(Jul 25,2022 14:50 CDT) OFFICIAL RECORD ./ Name: Steve Lee Title: Assistant Store Manager CITY SECRETARY FT. WORTH, TX Date: Jul 25, 2022 r! _ O O O O O O O O O O O OIOOOOOO • fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV fV m m J J � N �j N N m � Ln > � 0 L L L L L L L L N cB cB cB cB cB cB cB cB p •U •U •U •U •U •U •U •U � Q N N N N N N N N u cn m V U U U U U U U � cn cn m L -0 QJ fB fB fB fB fB fB fB fB O � -0 cB � ui i i i i i i O DC v O O O O O O O L L L L L L N N N N N N N N L •— O O Q oC oC oC oC oC oC oC or. 0 oC oC Ln N O U a--+ +•' +•' +•' E E E E m0 N N N N CAA CAA CAA CAA � fB fB fB fB J fB fB fB fB i i i i i i i C C C C 0 0 0 0 0 0 0 C C C C DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 EXHIBIT B 031121-KBA Sourcewell Solicitation Number: RFP #031121 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Kubota Tractor Corporation, 1000 Kubota Drive, Grapevine, TX 76051 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Grounds Maintenance Equipment, Attachments, and Accessories with Related Services from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires April 30, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 1 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract.This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 10/2020 2 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator.This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing Rev. 10/2020 3 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government- owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT.To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Rev. 10/2020 4 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. Rev. 10/2020 5 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Rev. 10/2020 6 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their Rev. 10/2020 7 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use, Quality Control. Rev. 10/2020 8 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims,judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW,JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. Rev. 10/2020 9 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control (including either pandemic or epidemic). A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management.The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: Rev. 10/2020 10 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers'Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit Rev. 10/2020 11 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data —including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract.The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsements) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other Rev. 10/2020 12 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all Rev. 10/2020 13 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. .The Participating Entity must provide advance notification to Vendor if federal funds are being used for the purchase. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."The equal opportunity clause is incorporated herein by reference. [Note -Vendor operates under California law and does not participate in or file Affirmative Action Plans.] B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of$2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of Rev. 10/2020 14 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of"funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of$150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. Rev. 10/2020 15 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE.To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. [Note —Vendor's products are not manufactured domestically and do not satisfy the second element of the Buy American Act test for domestically manufactured products.] K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring Rev. 10/2020 16 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 031121-KBA solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Kubota Tractor Corporation 'DocuSigned by, DocuSigned by: E sU Vavf,j 1(t., (N6�S By: COFD2A139D06489... By: 7839492180EC44E... Jeremy Schwartz Alex Woods Title: Chief Procurement Officer Title: Vice President Date: 4/28/2021 1 12:20 PM CDT Date: 4/28/2021 1 9:39 AM PDT Approved: D1�occuSigned by, E Im' By: 7E42BSF817A64CC... Chad Coauette Title: Executive Director/CEO 4/28/2021 1 12:30 PM CDT Date: Rev. 10/2020 17 DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 RFP 031121 - Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Vendor Details Company Name: Kubota Tractor Corporation 1000 Kubota Drive Address: Grapevine,TX 76051 Contact: Mike Spillars Email: mike.spillars@kubota.com Phone: 817-532-5592 HST#: 95-2801513 Submission Details Created On: Thursday January 21,2021 09:29:17 Submitted On: Thursday March 11,2021 13:37:19 Submitted By: Rusty Pugh Email: rusty.pugh@kubota.com Transaction#: e816d383-5749-427b-85c2-950c6dca68cc Submitter's I Address: 74.84.168.187 Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 Specifications Table 1: Proposer Identity&Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark"NA" if the question does not apply to you (preferably with an explanation). Line Question Response Item 1 Proposer Legal Name (and Kubota Tractor Corporation applicable d/b/a, if any): 2 Proposer Address: 1000 Kubota Drive Grapevine, TX 76051 3 jProposer website address: www.kubotausa.com 4 Proposer's Authorized Alex Woods Representative (name, title, Vice President address, email address & phone) 1000 Kubota Drive, Grapevine, TX 76051 (The representative must have alex.woods@kubota.com authority to sign the "Proposer's PH: 817-756-1171 Assurance of Compliance" on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 5 Proposer's primary contact for this Rusty Pugh proposal (name, title, address, National Accounts Manager, Municipal and New Business email address & phone): 1000 Kubota Drive, Grapevine, TX 76051 rusty.pugh@kubota.com 817-716-3587 6 Proposer's other contacts for this Mike Spillars proposal, if any (name, title, National Accounts Business Development Manager address, email address & phone): 1000 Kubota Drive, Grapevine, TX 76051 mike.spillars@kubota.com 817-532-5592 Table 2: Company Information and Financial Strength Line Question Response Item Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 7 Provide a brief history of your company, Who Kubota is, and will continue to be, is summed up in this statement; Kubota is including your company's core values, passionate about, and dedicated to food, water, and life. business philosophy, and industry longevity Gonshiro Kubota demonstrated this with the founding of Kubota in 1890 as a related to the requested equipment, products casting company to serve a critical need for safe drinking water. In 1893 Kubota or services. produced the first ever domestic cast iron pipes. Following WWII food was in short supply in Japan. Kubota developed the cultivator, a pioneering piece of equipment in the mechanization of agriculture and the revolution of the production of food. With small villages in Japan suffering from labor shortages, Kubota developed our first tractor to provide a stable and abundant food supply. In 1969 Kubota Corporation filled a void in sub-compact tractors by introducing its first tractor into the United States. The Kubota Tractor Corporation was formed in 1972 as a privately held corporation of Kubota Corporation, Osaka, Japan. It has been growing and expanding its offering in the United States ever since. Kubota Tractor Corporation serves Kubota Corporation as distribution in the United States for Kubota equipment. This includes all the products serving this contract in turf mowing and grounds maintenance equipment, tractors, and attachments, as well as compact construction equipment which includes excavators, skid steers, backhoes, wheel loaders and utility vehicles. Additionally, Kubota Corporation has a wholly owned subsidiary in Canada (Kubota Canada Limited "KCL"). KCL supports Canadian sales and distribution. Innovating products since 1890, Kubota continues today to innovate and bring new products and technology into the marketplace. One example is Kubota's revolutionary common rail system with exhaust gas recirculation (EGR), and diesel particulate filter (DPF) muffler. This combination produces more torque at low rpm's with less emissions and better fuel efficiency. This innovation is used across our products where possible. Another example is our inventive glide steer technology, found on our GR series of mowers. These mowers also feature Reverse Awareness Systems (KRS) for additional safety when mowing in reverse. These are but a few examples in action of Kubota's philosophy of creating new and innovative products that are dedicated to preserving our environment and life. Kubota continues to innovate and serve its customers today with the number one selling sub-compact tractor, mini excavator, diesel utility vehicle, and diesel engine in the United States along with a varied and respected product offering. Kubota's core values of dedication to food, water and life are tied to serving our customers. Our company is committed to working for the development of society by drawing on all our capabilities and know-how to offer superior products and technologies. Kubota's business philosophy and primary objective is not sales and profits, rather, to win the trust of our customers and contribute to society in a growing number of ways. Everything we do is for the customer and this can be seen below in the "Kubota Promise". a. Produce state of the art, quality products b. Lead the industry in engineering and technological firsts c. Respect the environment and protect our customer's safety d. Provide uncompromising service e. Listen and respond to the customer's needs f. Value each customer relationship with integrity and respect g. Support professional dealers and retailers h. Manage with vision and leadership Since our founding in 1890, Kubota continues to be a global leader in the products we produce and the markets we serve. Food, water, and the environment are indispensable for human beings. Kubota is looking to the future to support earth and humanity. By contributing products, like the utility vehicles in this proposal, and creating a superior living environment through superior products, technologies, and services, Kubota is living out its core values and business philosophy of being passionate about, and dedicated to food, water, and life. Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 8 What are your company's expectations in the If awarded the Sourcewell contract number 031121, Kubota expects to meet and event of an award? exceed the expectations of Sourcewell members for products, services, and support. Kubota will position Sourcewell as our first and best solution for cooperative purchasing. Our dedicated National Account Manager for Municipal and Business Development makes our Sourcewell contracts a focus for sales growth throughout the United States and Canada. Kubota is committed to supporting Sourcewell members wherever they are located at a level that meets and exceeds their expectations. Kubota will build into dealer training meetings, Sourcewell member aftersales support, and marketing direction to ensure success. We will engage our 1,100 dealers to promote our contract, and support Sourcewell members to the greatest extent possible. Kubota will engage government entities in the adoption of our Sourcewell contract in place of establishing individual government contracts. Kubota and the National Account Manager for Municipal and New Business will partner with Sourcewell for marketing materials and trade show support. Kubota looks forward to attending and supporting Sourcewell "Get to Know Us" forums and will encourage dealer participation to understand the value of contract purchasing with Sourcewell members. Kubota will incorporate all Sourcewell marketing materials, resources, and tools (e.g. training videos, Talkin' Tactics Webinars, etc.) into dealer education and business development. Lastly, Kubota's expectations are when Sourcewell members reach out to their local Kubota dealer, the dealer knows who they are and how they can help. 9 Demonstrate your financial strength and Financial information has been attached. These documents include general stability with meaningful data. This could information such as Dun and Bradstreet number and Federal I.D numbers as well include such items as financial statements, as more specific financial information such as creditors and banking information. SEC filings, credit and bond ratings, letters Beyond the numbers is more tangible evidence of strength and stability. of credit, and detailed reference letters. Upload supporting documents (as applicable) Kubota can demonstrate this financial strength and stability in multiple ways. Kubota in the document upload section of your pays dividends on its stock. Dividends attract long-term investors and offering them response. is a sign of financial stability. Additionally, in 2020, Kubota announced a multi-year strategic alliance with Microsoft. Kubota is migrating its IT infrastructure and SAP mission-critical systems onto Microsoft's trusted cloud platform. This investment in long-term company infrastructure streamlines business operations, accelerates innovation, and shifts towards a solution provision model. Furthermore, this investment not only demonstrates financial strength and stability, it allows Kubota to develop AI-based solutions for businesses in the area of food, water, and the environment. Kubota Tractor Corporation's parent company, Kubota Corporation, carries an AA- issuer rating as well as a Long-Term Issue rating of AA-. This very high credit worthiness is supported by excellent factors. The short-term rating is a-1+. This rating denotes a high certainty of fulfillment of short-term obligation. In closing, a copy of the most recently available full year financial report has been included in documentation. 10 What is your US market share for the Kubota has approximately 34% market share for the solutions being proposed. solutions that you are proposing? 11 What is your Canadian market share for the Kubota's Canadian market share data mirrors that of the United States. solutions that you are proposing? 12 Has your business ever petitioned for No, Kubota has never petitioned for bankruptcy protection. bankruptcy protection? If so, explain in detail. 13 How is your organization best described: is a) Distributor. Kubota Tractor Corporation was incorporated under the laws of the it a manufacturer, a distributor/dealer/reseller, state of California and is a wholly owned subsidiary of the holding company Kubota or a service provider? Answer whichever North America Corporation which is wholly owned by Kubota Corporation, a question (either a) or b) just below) best Japanese Corporation. Kubota Tractor Corporation and Kubota Canada Ltd sell applies to your organization. Kubota equipment to the Kubota dealer network of over 1,100 independently owned a) If your company is best described as Kubota dealerships. These dealers service and sell Kubota products in all 50 a distributor/dealer/reseller (or similar entity), states and throughout Canada. provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 14 If applicable, provide a detailed explanation No licenses and certifications are required to be held by Kubota. However, our outlining the licenses and certifications that commitment to environmental excellence is witnessed in achieving our ISO 14001 are both required to be held, and actually environmental certifications. ISO 14001 certification has been achieved at all held, by your organization (including third domestic sites and 14 production sites in Japan. ISO 14001 certification is an parties and subcontractors that you use) in environmental certification issued by the International Organization for pursuit of the business contemplated by this Standardization. Additionally, all divisions have achieved ISO 9001 certification. 24 RFP. Kubota Group companies whose primary operation is manufacturing have acquired certification. Certifications demonstrate Kubota's commitment to excellence in quality in design, development, and environmental sustainability. Some examples include employing DRBFM, a cross functional disciplined process to evaluate proposed changes to designs. Kubota self-audits quality, quality compliance, cross audits, and audits at short notice. This focus on auditing and compliance is to achieve operational excellence. It is these kinds of actions that result in Kubota's operational excellence and our certifications. 15 Provide all "Suspension or Debarment" None. There have been no suspensions or debarment in the past ten years. information that has applied to your organization during the past ten years. Table 3: Industry Recognition & Marketplace Success Line Question Response Item Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 16 Describe any relevant industry awards or 2020 recognition that your company has received Landscape Business "Twenty for 2020 New Products Award in the past five years Pro Tool Innovation Awards — SZ series stand-on mowers Rental Equipment Register 2020 "Innovative Product Award" — SVL65-2 Pro Tool Innovation Awards — RTV-XG850 Diesel International "Diesel of the Year" V5009 — first ever won by a Japanese manufacturer for this European award "2020 Machine of the Year" Agraheute Audience Choice Award— M7003 Georgia US Department of Economic Development GEAR Award Transportation Equipment Manufacturer of the Year. 2019 Best-selling diesel utility vehicle in North America — Power Products Marketing North American Utility Vehicle Market Reports (ranked number one every year since 2004). The North American Dealers Association (NAEDA) Dealers-Manufacturers survey has ranked Kubota number one, six years in a row. OEM Off-Highway Research — Worlds #1 selling compact excavator. Kubota obtained the highest rated "A-List Company" in "CDP Water Security Program". The CDP is an international non-profit organization that conducts researches against companies and governments to reduce greenhouse gases and emissions. Equipment Watch - Kubota U35-4 compact excavator wins Highest Retained Value Award. Excellence Award in Environmental Reporting - 23rd annual Environmental Communication Awards co-sponsored by the Japanese Ministry of the Environment and the Global Environment Forum. 2018 Best-selling diesel utility vehicle in North America — Power Products Marketing North American Utility Vehicle Market Reports. Environmental Technology and Project Award presented by the Environmental Engineering Committee of the Japan Society of Civil Engineers. OEM Off-Highway Research — Worlds #1 selling compact excavator. Excellence Award - CASBEE Sakai Environmental Building Awards for promoting environmentally buildings. BLUE PROPER Award - Environment Minister Indonesia. This rating is only for companies found operating 100 percent in compliance with environmental regulations. Green Award - Kubota Environmental Engineering (Shanghai) - Chinese Environmental Conference. KBS Kubota Co., Ltd. - Environmental Contribution Award presented at the 2018 Logistics Awards sponsored by the Japan Institute of Logistics Systems. Excellence Award in Environmental Reporting - 22rd annual Environmental Communication Awards co-sponsored by the Japanese Ministry of the Environment and the Global Environment Forum. 2017 AE50 Outstanding Innovation Award — RTV X1140 Utility Vehicle Best-selling diesel utility vehicle in North America — Power Products Marketing North American Utility Vehicle Market Reports. OEM Off-Highway Research — Worlds #1 selling compact excavator. Green Industry Award from the Thai government. Kubota obtained the highest rated "A-List Company" in "CDP Water Security Program" in 2017. The CDP is an international non-profit organization that conducts researches against companies and governments to reduce greenhouse gases and emissions. AGRITECHNICA 2017 — Vicon Extra 7100T GEOMOW — Machine of the Year. iF International Forum - Design Award — M7001 series 2016 Japan Institute of Design Promotion — FY2016 Good Design Award. Best-selling diesel utility vehicle in North America — Power Products Marketing North American Utility Vehicle Market Reports. OEM Off-Highway Research — Worlds #1 selling compact excavator. 17 What percentage of your sales are to the Government and education collectively comprise approximately 45% of Kubota's governmental sector in the past three years national accounts program reporting. 18 What percentage of your sales are to the Government and education collectively comprise approximately 45% of Kubota's education sector in the past three years national accounts program reporting. Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 19 List any state, provincial, or cooperative Sourcewell cooperative purchasing contract — 2020 - $34.5mm, 2019 - $33.8mm, purchasing contracts that you hold. What is 2018 - $26.3mm the annual sales volume for each of these contracts over the past three years? BuyBoard — 2020 - $8.03mm, 2019 - $9.9mm, 2018 — no contract HGAC cooperative purchasing contract - 2020 - $306k, 2019 - $595k, 2018 - $656k MAPO cooperative purchasing contract - 2020 - $1.4mm, 2019 - $1.7mm, 2018 - $1.16mm Louisiana state contract - 2020 - $199k, 2019 - $3.4mm, 2018 - $3.41mm Oregon state contract - 2020 - $396k, 2019 - $1.2mm, 2018 - $860k New York state contract (adopted Sourcewell contract, volume is included in Sourcewell totals) Pennsylvania state contract - 2020 - $2.07mm, 2019 - $2.2mm, 2018 - $44k 20 List any GSA contracts or Standing Offers Kubota has multiple dealers holding General Services Administration contracts and and Supply Arrangements (SOSA) that you can be found on https://www.gsaadvantage.gov/advantage/ws/main/start—page? hold. What is the annual sales volume for store=ADVANTAGE. While dealer overall sales volumes are visible to Kubota, each of these contracts over the past three dealer GSA sales volumes are not reported Kubota. years? Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name Contact Name Phone Number Lodi Unified School District Eric Wise 209-712-6346 Eugene Water and Electric Board Gary Lentsch 503-484-2411 Samaritan's Purse Matt Libby 207-551-8292 New York State Natural Heritage Trust Bill Bohach 631-323-2440 Auburn University Malcomb Pegues 251-928-2740 Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type,the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type State 1 Scope of Work Size of Transactions Dollar Volume Past Three Province Years Village of Government New York-NY Construction and grounds $25,000450,000 $763,406 Holley maintenance equipment - Kubota equipment purchases Miami Dade Government Florida-FL Construction and grounds $25,000450,000 $498,766 Parks and maintenance equipment - Kubota Recreation equipment purchases City of Government North Carolina- Construction and grounds $25,000450,000 $384,395 Greensboro NC maintenance equipment - Kubota equipment purchases Town of Government New York-NY Construction and grounds $25,000450,000 $355,798 Fallsburg maintenance equipment - Kubota equipment purchases City of Athens Government Alabama-AL Construction and grounds $25,000450,000 $342,345 maintenance equipment - Kubota equipment purchases Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Question Response* Item 23 Sales force. Kubota's sales force is strong and contains employees of our company as well as that of our dealer network numbering over 1,100 locations. Sales coverage is in place for all 50 states as well as Canada by both our dealers and Kubota commercial sales team. Our typical dealer averages four sales representatives leading to dealer sales representation that conservatively averages over 4,000 representatives. Kubota in Canada has 154 dealer locations with similar sales force averages. Additionally Kubota directly employs 51 region sales managers, five district sales managers, and five division sales managers. This Kubota sales force is essential for educating and instructing dealers in promoting and supporting government and education entities. This combined sales effort will also drive new Sourcewell member growth and engagement. 24 Dealer network or other distribution Kubota has five divisions in the United States that is served by three distribution methods. warehouse in Georgia, Kansas, and California. These centers serve and support over 1,100 Kubota dealers serving all fifty states in the United States. In Canada, Kubota has 154 dealers who serve all of Canada. 25 Service force. Kubota places a high level of importance on quality, dependability, and service support. In fact, Kubota dealers average over twice as many service technicians as sales representatives. With each Kubota dealer averaging 9 service technicians, Kubota's dealer network averages over nine thousand service representatives in the United States. Many of these have mobile service vehicles. Kubota's Canadian dealer network has similar averages of service technicians in its 154 dealerships. Kubota internally employs approximately 50 field-based technical service representatives to assist the dealer network with ensuring maximum up time and value for Kubota users. Kubota has stringent dealer requirements to provide strong customer service support and obligations are high. Each dealership is required to have a factory trained service technician on staff at all times. This factory training is facilitated by the Kubota corporate technical service center in Grapevine, TX. A corporate service training staff ensures dealers have access to, and take advantage of, world-class service training. Every dealer is also required to participate annually in service training school which last multiple days. These requirements ensure Kubota dealers meet our stated service goals and expectations. 26 Describe in detail the process and Kubota has created a one-step process for customer service for Sourcewell procedure of your customer service members. Sourcewell members with one call or email can easily access parts, program, if applicable. Include your service, warranty work, or training locally with their servicing dealer. Kubota dealers response-time capabilities and are ready to make the process simple and quick for Sourcewell members. Dealers commitments, as well as any incentives are responsible to in turn work with Kubota directly to provide the best parts and that help your providers meet your stated service turnkey solution for Sourcewell members. Our customer service model places service goals or promises. the responsibility on the dealer, not the Sourcewell member, to understand and deal with the processes behind the scenes. Kubota's high expectations of its dealer networks extend to customer service and helping Sourcewell members with this quick and easy customer service process. 27 Describe your ability and willingness to Kubota will provide service and support to Sourcewell members in all 50 states in provide your products and services to the United States. Sourcewell participating entities in the United States. 28 Describe your ability and willingness to Kubota Canada Ltd. is able to provide to Sourcewell members service and support provide your products and services to in Canada. Sourcewell participating entities in Canada. 29 Identify any geographic areas of the United There are no geographic restrictions in the United States or Canada. There are no States or Canada that you will NOT be participating Sourcewell entities that Kubota will not be fully serving. fully serving through the proposed contract. 30 Identify any Sourcewell participating entity There are no participating Sourcewell entities that Kubota will not be fully serving. sectors (i.e., government, education, not-for- Kubota will support all Sourcewell members equally and fully. profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 31 Define any specific contract requirements There are no restrictions to supporting Sourcewell members in Alaska and Hawaii. or restrictions that would apply to our Kubota has dealers located in both states to support Sourcewell members. participating entities in Hawaii and Alaska and in US Territories. Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 Table 7: Marketing Plan Line Question Response Item 32 Describe your marketing strategy for Growth in government, non-profit, and education verticals has become a priority for Kubota promoting this contract opportunity. corporately. Part of our strategy to grow these verticals is to track performance in these Upload representative samples of your areas. Performance is now measured and is a key performance indicator for the Kubota marketing materials (if applicable) in corporate and region sales team and incorporated into their individual management the document upload section of your plans. This demonstrates Kubota's commitment and desire for marketing our Sourcewell response. contracts locally, regionally, and nationally. We will leverage our extensive dealer network and corporate sales team to promote Sourcewell at all levels. For local marketing, Kubota will ensure our 1,100 plus dealers are made aware immediately of this contract if awarded. An electronic dealer sales bulletin will be issued that will update our entire dealer network as soon as possible. This puts several thousand Kubota dealer sales team members into motion marketing our contract locally if a contract is awarded. Further, Kubota will incorporate the new Sourcewell Supplier Portal into our dealer training and encourage dealers to utilize this tool. This portal will help our dealers sales teams as well as Kubota's corporate sales team get what they need, when they need it for information regarding our Sourcewell contracts. Engaging and supporting our dealers will drive marketing Sourcewell on a local level. Kubota's in-house, full-time marketing team will assist in creating engaging marketing materials as needed for dealers. Setting up dealers for success will ensure successful marketing at the local level. To this previous point, dealer training will be a priority in marketing this contract. We will incorporate this contract, if awarded, into our web-based dealer training. An important part of this training is leveraging our dedicated web-based dealer quote tool specifically designed for our Sourcewell contracts. This quote tool is prepopulated by Kubota with the agreed upon products and pricing to help eliminate errors in pricing to Sourcewell members. This helps dealers focus solely on marketing to Sourcewell members and building quick and accurate turn-key solutions. Part of contract engagement is also making our dealers aware of and encouraging dealers to participate in local Sourcewell events. Our corporate national accounts team attends local, regional, and national Kubota dealer meetings to market Sourcewell and make sure our dealers are fully equipped to support Sourcewell members. Kubota corporately will take ownership of marketing Sourcewell on a regional and national basis. Our dedicated National Account Manage for Municipal and New Business will drive our marketing, promoting, and supporting events in government entities; public and private, K-12 schools, colleges, universities, and non-profit organizations. Kubota is an eco-system of high expectations. We will carry these high expectation into marketing Sourcewell solutions. 33 Describe your use of technology and Kubota has integrated digital resources into dealer training and education to support digital data (e.g., social media, current Sourcewell contracts and this current proposed solution. Training videos are metadata usage) to enhance available online to help dealers understand and identify how to serve Sourcewell members marketing effectiveness. and grow our business utilizing the Sourcewell contract. Dealers are instructed in how the process works and can be integrated into their individual dealer sales plans. Additionally, we have created dealer facing quotation tools dedicated to our Sourcewell contract to ensure ease of use and accuracy of information provided to Sourcewell members. 34 In your view, what is Sourcewell's role Kubota views Sourcewell as a partner in promoting a contract that would arise from this in promoting contracts arising out of RFP. Kubota's experience is in the products, services and turnkey solutions we have this RFP? How will you integrate a created for the Grounds Maintenance contract. Sourcewell's experience is in facilitating Sourcewell-awarded contract into your competitive solicitations leading to solutions that empower community success. This sales process? partnership between Sourcewell and Kubota would deliver a world class, turnkey solution to Sourcewell members if a contract arises from this RFP. Sourcewell is our partner for contract adoption, promotion, and education. Kubota will partner with Sourcewell in seeking state adoption and acceptance of Sourcewell solutions. Sourcewell partnering with us in GTKU's has been and will continue to be effective in dealer sales education. We expect Sourcewell to continue creating content and marketing material we can use to promote Sourcewell in general and our solution specifically. We expect Sourcewell to continue engaging our dealers in person at our annual dealer meetings. Lastly, we will continue to expect to rely on our contract manager for input and guidance regarding our solutions. We expect a partnership in promoting, educating, and engagement so both organizations grow together. 35 Are your products or services An e-procurement system is not currently in place. However, Kubota does use an e- available through an e-procurement quoting tool to ensure speed and accuracy for Sourcewell members. The complexity and ordering process? If so, describe your customization involved in building solutions for Sourcewell members requires a consultative e-procurement system and how approach to best design individualized solutions for Sourcewell members. Working with governmental and educational dealers to fully understand the local terrain and environment, as well as taking advantage customers have used it. of the expertise of our local dealer network best serves Sourcewell members. The ability to use local dealers to tailor local member requirements with the available products, options, and services for Sourcewell members provides a distinct advantage over e- procurement. Table 8: Value-Added Attributes Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 Line Question Response Item 36 Describe any product, equipment, Training is available for all products found in this contract through our dealer network. maintenance, or operator training Training is tailored to the Sourcewell member's existing knowledge and requirements. programs that you offer to Operator training is provided for every member upon delivery of each product. More Sourcewell participating entities. advanced levels of training are available upon request. Other training such as additional on- Include details, such as whether site training may be requested by Sourcewell members. This training may be discussed training is standard or optional, with dealers and provided as an additional line-item in a Sourcewell member quote. who provides training, and any costs that apply. 37 Describe any technological Innovation in technology is common and ongoing within our company. Kubota utilizes fuel advances that your proposed efficient engine systems (water cooled diesel common rail systems and gasoline EFI). This products or services offer. is advanced electronic fuel injection systems which is an advancement from carburetors. EFI systems are more fuel efficient, constantly adjusting for air to fuel ratios. This burns less fuel and creates less pollutants and waste. Kubota also uses electronic fuel injection, otherwise known as common rail systems, in our diesel engines. Common rail systems and our Kubota Eco-Plus system prioritizes fuel economy, lowers noise and excess vibration providing for the health of the operator and our environment. Because of our technological advances, many of our competitors choose to use Kubota engines in their products. Concerning lawn, garden, and grounds maintenance care, Kubota's mulching systems on all products improve grass health, not requiring disposal. Kubota's technological advances are focused on fuel efficiency, reducing waste, pollution, and improving not just products performance, but improving our environment. 38 Describe any "green" initiatives Kubota's has a deep commitment to green initiatives. In 1995 Kubota began the internal that relate to your company or to Environmental Audit System for environmental protection in accordance with standards your products or services, and stricter than existing laws and regulations and towards continuous environmental include a list of the certifying improvement. All domestic establishments achieved ISO 14001 environmental certifications agency for each. from the International Organization for Standardization. In 2010 Kubota was certified as an Eco-First Company by Japan's Ministry for the Environment. The Kubota Group has established a Kubota Group Environmental Charter as well as involvement with environmental conservation activities and setting medium and long-term environmental conservation targets. These targets have resulted in actions that have achieved results. 2019 in comparison to 2014 has achieved the following results. CO2 emission per unit produced has been reduced by -17.1%. Energy use per unit of production was reduced by -14.3%. Waste discharge has reduced by -10% per unit of production. Water consumption per unit of production was reduced by -19.5%. VOC's (volatile organic compounds) was reduced per unit of production by -38.1% Our long-range plans and immediate actions of the present demonstrate Kubota's commitment to reducing CO2 and VOC emissions, reducing waste, conserving water, and preserving our environment. "For Earth, For Life", it is more than our motto, it is what we do. https://www.kubota.com/sustainability/environment/activelindex.htm I 39 Identify any third-party issued eco- All products in the proposed solution meet or exceed the highest applicable Environmental labels, ratings or certifications that Protections Agency requirements and certifications. your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life-cycle design (cradle-to-cradle), or other green/sustainability factors. 40 Describe any Women or Minority No proposal for this section. Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 41 What unique attributes does your A unique attribute to Kubota is its blending of commitment to the environment with its company, your products, or your commitment to improving our products. Progress and advancements in technology, design, services offer to Sourcewell and safety enhancement, go hand in hand in product improvements with environmental participating entities? What makes considerations in mind. Kubota designs safety into our products. 3M activity or method, your proposed solutions unique in man, machinery is employed in our design. your industry as it applies to Sourcewell participating entities? Further, ISE or inherently safe equipment is a better choice compared to machinery lacking similar design considerations. This is, machinery designed with fewer ways of causing harm. Seeking continuous improvement is foundational to Kubota's philosophy and practice. Our company employs DRBFM, a cross functional disciplined process to evaluate proposed changes to designs. Kubota self-audits quality, quality compliance, cross audits, and audits at short notice. This focus on auditing and compliance is to achieve operational excellence and continuous improvement. 5-gen and PDCA (plan, do, check, act) continuous improvement is used in manufacturing and operations. Hydrostatic power steering, common rail systems, and reverse awareness systems and cameras, are just a few of the many, many features, all introduced and interwoven as a result of a focus on enhanced safety, performance, and concern for the environment. This is a unique attribute in our industry. Lastly, Kubota manufactures and/or markets products in more than 130 countries. This footprint that extends around the globes allows our company to pool "best practices" from across many languages, cultures, and geographic regions. We pool these ideas and innovations and share them across the entire business. This unique attribute of viewing people, products, and the environment as interrelated and global, is a unique attribute shared with Sourcewell members. Kubota is more than part of a supply chain; Kubota is part of a global value chain. Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Question Response Item 42 Do your warranties cover all products, parts, and Yes. Warranty documents providing detail are included in this proposal. labor? 43 Do your warranties impose usage restrictions or Warranty details are provided in the warranty guide. The warranty guide is other limitations that adversely affect coverage? fully instructive in warranty details. Abuse and neglect for example are not covered under warranty. 44 Do your warranties cover the expense of Travel time and mileage are not under the coverage of warranty. However, technicians' travel time and mileage to perform if Kubota issues a recall there may be reimbursement for travel time and/or warranty repairs? mileage paid to the dealer/technician. 45 Are there any geographic regions of the United Every authorized Kubota dealer is required to have one factory trained States or Canada (as applicable) for which you technician on staff. With 1,100 dealers in the United States with coverage cannot provide a certified technician to perform in all 50 states as well as 154 dealers in Canada, Kubota dealers are well warranty repairs? How will Sourcewell positioned to serve Sourcewell members with factory trained technicians. participating entities in these regions be provided Kubota dealers are responsible to service and support all sales made by service for warranty repair? the dealer. Service for warranty repairs for Sourcewell members are made by the servicing dealer. Should, on a rare occasion, a dealer have difficulty due to remoteness or other circumstance, Kubota and the servicing dealer will work together to find resolution. 46 Will you cover warranty service for items made by No items in our proposal are made by other manufacturers. Kubota is the other manufacturers that are part of your proposal, sole manufacturer for all products in our proposal. All Kubota products are or are these warranties issues typically passed on covered by a Kubota warranty. to the original equipment manufacturer? 47 What are your proposed exchange and return All sales are final. However, at its discretion, Kubota may choose to work programs and policies? with a Sourcewell member if they purchase a product that is not matched to their needs. Kubota reserves the right to accept or deny any request for returns or exchanges. Please note, Kubota's number one dealer rating six years in a row by The North American Dealers Association (NAEDA) Dealers-Manufacturers survey speaks to our ability and willingness to resolve most any issue that arises. Lastly, any items found to be warrantable will be provided for under the terms of the warranty statement. 48 Describe any service contract options for the Service contract options will be quoted as Open-Market items by local items included in your proposal. Kubota dealers. Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 Table 10: Payment Terms and Financing Options Line Question Response Item 49 What are your payment terms (e.g., net 10, net 30)? Terms of sale are net thirty days. 50 Do you provide leasing or financing options, especially Kubota offers financing and leasing options to Sourcewell members those options that schools and governmental entities may through Kubota Credit Corporation. need to use in order to make certain acquisitions? 51 Briefly describe your proposed order process. Include The proposed order process is established to best support enough detail to support your ability to report quarterly Sourcewell members by letting members work closely with their local sales to Sourcewell as described in the Contract template. supporting Kubota dealers throughout the order process. Kubota For example, indicate whether your dealer network is dealers are included in our response. The process flow below included in your response and whether each dealer (or describes both the Sourcewell member order process as well as some other entity) will process the Sourcewell participating the internal order process between Kubota and dealers. entities' purchase orders. Sourcewell member process flow: Sourcewell members contact their local Kubota dealer or Kubota Tractor Corporation directly for a quote. Additionally, Kubota dealers proactively marketing the Sourcewell contract may become aware of a need or quote request. If non-Sourcewell members request a quote, dealers have been instructed how to help prospective and qualifying non-members become a Sourcewell member. The local Kubota dealer will provide the existing or new Sourcewell member with a Kubota authorized Sourcewell quote. This quote is created using the Kubota authorized dealer quote tool. If Sourcewell members decide to move forward and acquire a Kubota product, Sourcewell members will issue a purchase order made to the Kubota dealer. The servicing dealer will fulfill the order either from their dealer inventory, or the dealer will order the product from Kubota in the event the product is not located in the servicing dealer inventory. The product is shipped to the Kubota dealer for the required inspections and any preparation needed for the Sourcewell member. Delivery is coordinated with the Sourcewell member and upon delivery, operating instructions are reviewed and dealers assist with all needs and questions by the Sourcewell member. Sourcewell member satisfaction is ensured before the process moves on. The process continues and turns internally between Kubota and dealers. Kubota/Dealer process flow: Dealers will settle the purchased unit indicating the sale is to a Sourcewell member in order to receive credit for the sale. The supporting dealer will provide Kubota the quote as well as the Sourcewell member purchase order for reference. Kubota will create quarterly reports for dealer sales to Sourcewell members. Kubota will submit this report to Sourcewell quarterly. Kubota makes payment to Sourcewell based on the agreed upon administrative fee. For reference, this process is the currently established process for Sourcewell contract 040319. 52 Do you accept the P-card procurement and payment Kubota dealers may, at their discretion, accept the P-card process? If so, is there any additional cost to Sourcewell procurement and payment process. Kubota encourages dealers to participating entities for using this process? accept the P-card and encourages Sourcewell members to consult with their local supporting dealer for participation. Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 Line Question Response Item 53 Describe your pricing model (e.g., line-item discounts or Kubota will offer a specific discount from published list price for product-category discounts). Provide detailed pricing data each series and product family in our proposed solution. These (including standard or list pricing and the Sourcewell discounts from MSRP can be found in the supporting pricing discounted price) on all of the items that you want documentation submitted in the documents step. Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. 54 Quantify the pricing discount represented by the pricing Kubota will offer a specific discount from published list price for proposal in this response. For example, if the pricing in each series and product family in our proposed solution. These your response represents a percentage discount from discounts from MSRP can be found in the supporting pricing MSRP or list, state the percentage or percentage range. documentation submitted in the documents step. The discount from published list price is as follows: Tractors B series — 22% BX series — 22% L series — 22% M series — 22% Turf F series — 22% GR series — 22% T series — 22% Z series — 22% TLB series - 1326, L47 & M62 — 22% Land Management Disc mowers — 22% Rotary tedders — 22% Rotary rakes — 22% Spreaders — 22% 55 Describe any quantity or volume discounts or rebate Kubota offers best and last pricing for individual units without programs that you offer. requiring Sourcewell members to buy in volume or apply for rebates after the sale. 56 Propose a method of facilitating "sourced" products or Requests for open market "sourced" or non-standard items can be related services, which may be referred to as "open added to Sourcewell members quotes at their request. Acceptance market" items or "nonstandard options". For example, you of these quoted sourced/non-standard items will be at the discretion may supply such items "at cost" or "at cost plus a of Sourcewell members. percentage," or you may supply a quote for each such request. 57 Identify any element of the total cost of acquisition that is Pre-delivery inspections and freight will be shown on all Sourcewell NOT included in the pricing submitted with your response. member quotes to ensure complete costs transparency prior to This includes all additional charges associated with a acquisition. These items will be shown clearly as line items on the purchase that are not directly identified as freight or quote form. All common accessories and attachments have a shipping charges. For example, list costs for items like pre- standard labor time associated with the installation of accessories. delivery inspection, installation, set up, mandatory training, Dealer labor rate will vary due to regional economic differences or initial inspection. Identify any parties that impose such (e.g. Seattle, WA labor rates are typically higher than Greenville, costs and their relationship to the Proposer. SC). Kubota reviews all dealer labor rate differences and ensures that all dealer rates are justified and compliant with normal regional economic conditions. Kubota strives to maintain a labor rate relative to $100/hr. All charges will be turnkey solutions with no hidden costs and will be clearly identified on all Sourcewell members quotes prior to solution acquisition. 58 If freight, delivery, or shipping is an additional cost to the Freight charges will be shown on every Sourcewell member quote Sourcewell participating entity, describe in detail the prior to acquisition. Kubota's proposed solution includes many complete freight, shipping, and delivery program. various models with great weight and size disparities (e.g. a BX1880 tractor weighs 1,407lbs, an M6 tractors weighs 11,387lbs). These will be shipped from east coast, west coast, and central US warehouses to all 50 states, territories, Canada, and wherever Sourcewell members are located. A flat rate charge to ensure costs are covered would be prohibitively and artificially high. Our solution is a freight pricing model of showing freight charges tailored by size, model, weight, to a specific location. This solution best address the logistical variances in supporting all Sourcewell members equally. 59 Specifically describe freight, shipping, and delivery terms or The freight pricing model for Alaska Hawaii, Canada, and all programs available for Alaska, Hawaii, Canada, or any offshore deliveries will be to show all freight charges on Sourcewell offshore delivery. member quotes prior to acquisition. Freight in Canada by Kubota Canada Ltd. will follow this process. Freight for Hawaii and Alaska will be provided by a freight forwarder and shown on all quotes prior to acquisition. Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 60 Describe any unique distribution and/or delivery methods or A unique aspect of Kubota's distribution method is having new options offered in your proposal. forward inventory placed within our Kubota dealer network. Many products, attachments, accessories, and solutions are already in place and close to Sourcewell members within our 1,100+ location dealer network. This allows for Sourcewell members to visit local dealers and many times have a hands-on opportunity with a solution prior to acquisition. While Kubota does ship products from its three US warehouses (California, Georgia, and Kansas) and one in Canada (greater Toronto area), this access to solutions locally is an added benefit to Sourcewell members. Additionally, have a local, servicing dealer allows for specialization of products to meet local and unique Sourcewell member needs and requirements prior to delivery (e.g. dealers based in and familiar with local subzero winterization requirements). Table 12: Pricing Offered Line The Pricing Offered in this Proposal is:* Comments Item 61 b.the same as the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments. Table 13: Audit and Administrative Fee Line Question Response* Item 62 Specifically describe any self-audit process or program that you Kubota self-audits multiple product group's regularly reviewing plan to employ to verify compliance with your proposed Contract and auditing pricing along with our digital marketing group with Sourcewell. This process includes ensuring that Sourcewell that manages our electronic pricing database. In addition, participating entities obtain the proper pricing, that the Vendor the National Accounts group regularly reviews dealer quoting reports all sales under the Contract each quarter, and that the for pricing accuracy. These multiple layers of self-audit and Vendor remits the proper administrative fee to Sourcewell. review elevate accuracy and compliance. Kubota dealers are not paid for their sales using the Sourcewell program without submitting all of the required information to report accurately on the Sourcewell contract usage reports. This information is in turn downloaded to create our usage reports for the Sourcewell program. This series of overlapping auditing for pricing and reporting drives contract compliance. 63 Identify a proposed administrative fee that you will pay to Kubota proposes paying a 1.5% administrative fee of total Sourcewell for facilitating, managing, and promoting the Sourcewell sales less freight, assembly fees, and pre-delivery inspection Contract in the event that you are awarded a Contract. This fee fees for Kubota products only. is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Response* Item 64 Provide a detailed description of the The solutions being proposed by Kubota are broad and encompassing of equipment, products, and services that you professional grounds maintenance requirements. Kubota's turnkey solutions of whole are offering in your proposal. goods, equipment, attachments, accessories, and related services as they relate to grounds maintenance is well established around the world for both professionals and consumers. Kubota offers in this proposal turf management with walk-behind mowers as small as 21 inches in cutting width up to over 13 feet in cutting width using disc mowers and many various sizes in between. This solves for mower cutting jobs as small as imaginable while providing extensive cutting widths across the range of 21 inches to 13 feet. Our solutions solve for the smallest and tightest areas (zero turn mowers) in grounds maintenance in and around walkways, landscaping, lawn and garden maintenance, up through large tracts of acreage needing to be maintained. This proposal includes small walk behind mowers, small riding mowers, mid-size lawn and garden tractors, commercial zero—turn mowers in both gas and diesel. All of these products are built by Kubota and Kubota engineered for professional performance. This proposal also includes a wide variety of tractors, attachments, and accessories. These tractors range in size from 1,407lbs to 11,387lbs. This range empowers Sourcewell members with a comprehensive selection of tractors and attachments suited to their specific needs. The tractors come with a sweeping assortment of accessories and attachments. These include but is not limited to, loaders, backhoes, buckets, grapple buckets, snow blowers, sweepers, a wide range of mower decks and grass mulching and catchers, forklift attachments, straight blades, angled blades. The loaders and backhoe options in this proposal offer ground engaging ability to dig, push and move material in professional grounds maintenance. Fork lift attachments for tractors provide forklift capability for moving product as needed. Lastly, while our mowing solutions maintain small to medium land size, our land management solutions solve for maintenance of large swaths of acreage. This is done with next generation disc mowing that moves on from sickle bar mowing. Disc mowing is better suited to fine-stemmed grasses leaving a clean evenly maintained area. With our many models, sizes, and series, of disc mowers, tedders, rakes, etc., along with options, accessories, attachments, and services, this proposal is broad in scope and robust enough to support any professional grounds maintenance requirements. 65 Within this RFP category there may be Along with the many various whole goods in this proposal is a long list of subcategories of solutions. List subcategory attachments, accessories, options, and services. These may be referred to as titles that best describe your products and subcategories. The literature provided in additional documents shows these services. subcategories in better detail. Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Category or Type Offered Comments Item 66 Lawn and garden equipment, tools, C: Yes Full spectrum of lawn, sod, grounds, and garden equipment and attachments, and accessories r No tools. 67 Irrigation systems, equipment, parts, and r Yes Our solutions (ground engaging) can be used to install irrigation related installation and maintenance services r No systems 68 Beach and waterfront maintenance C: Yes The products we offer in our proposed solution can be used for equipment and accessories r No grounds maintenance along waterfront areas. 69 Accessories, parts, and services related to r Yes Full assortment and wide variety of attachments and accessories the solutions described above, including r No for grounds maintenance as well as service and training. maintenance or repair, and warranty programs Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 Table 15: Industry Specific Questions Line Question Response Item 70 If you are awarded a contract, provide a Kubota produces multiple sales reports on a monthly basis including our sales few examples of internal metrics that will volume numbers for the Sourcewell contract. Our main report is the National be tracked to measure whether you are Accounts Month End report. This report lists all of our sales through the national having success with the contract. accounts programs in terms of dollar volume and model mix. Kubota Executives, Middle Management and Field Sales reps review the report(s) and monitor their dealer and dealer group performance with the Sourcewell contract. We also produce a contract usage report that is sorted by Region Sales manager so that each RSM has visibility to the dealers under his responsibility that are and are not using the contract to its fullest potential. Corrective action in the form of sales training is created for underperforming dealers. Sourcewell is a specific call out line item on all National Account sales reports and is thoroughly reviewed by all levels of management for increased monthly/yearly performance. 71 Describe the serviceability of the products Serviceability in the way of after sale support for Sourcewell members is easy and included in your proposal (parts availability, robust. With an extensive dealer network across the United States and Canada warranty and technical support, etc.). waiting to support Sourcewell members, the serviceability of the solutions proposed by Kubota is comprehensive. Local dealers will provide local expertise for parts, warranty work as well as regular service internals as needed. Our dealers are experts in our products. Sourcewell members will be able to sit down with these localized experts and map out any turnkey solution needed. Every Kubota dealer is required to have a factory trained technician on staff. To support this, Kubota dealers are required to participate annually in service school training. To also help ensure a high level of serviceability for parts, Kubota has added a parts component to measuring our dealers performance. The goal is to incentivize Kubota dealers to have parts on the shelf when needed. Parts on the shelf, factory trained technicians, and local experts in the solutions in this proposal ensure a high level of serviceability and dependability waiting for Sourcewell members. 72 Describe advancements reflected in the Advancements are ongoing and constant as is total operational improvement. Some equipment or products offered in your examples of our advancements follow here. Kubota has developed Reverse proposal, such as safety, longevity or life Awareness Systems for our GR series of mowers. These advancements enhance cycle cost measures. safety when mowing in reverse. Regarding life-cycle and longevity, Kubota offers multiple year warranties as standard for many products. For products with standard one year warranty's, most all products have extended warranty's available to Sourcewell members. Another advancement is Kubota's exclusive "Swift-Tach" loaders which allow for safe and easy removal and installation. "Swift-Connect" backhoes are likewise designed and performance matched for ease and safety. Another example of an advancement is the industry-exclusive optional one-lever quick couplers found on the LX series of tractors in this proposal. Likewise is the industry-exclusive mechanical self-leveling kit for easier material handling capabilities. Kubota engines with their next generation common rail systems and electronic fuel injections are examples of advancements that improve fuel cost savings and environmental enhancement. Throughout Kubota's product offering, our products are engineered to provide durable long life that reduce down time as well as minimize lifetime costs. The previous are but a few of the product advancements that will serve Sourcewell members. Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant(an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or"nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a"trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: a. Included on the"Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.aov/ofac/downloads/sdnlist.pdf-1 b. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.aov/SAM/; or Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:C7C1 D069-60D0-438D-AB76-E291152FB9B2 c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Rusty Pugh, National Account Manager Municipal and New Business, Kubota Tractor Corporation The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r- Yes r- No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column"I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and pages attachments(if applicable) Addendum_11_Grounds_Maintenance_Equipment_RFP_031121 2 Thu March 4 2021 06:08 PM Addendum_10_Grounds_Maintenance_Equipment_RFP_031121 r 1 Thu February 25 2021 01:00 PM Addendum_9_Grounds_Maintenance_Equipment_RFP_031121 1 Tue February 23 2021 10:33 AM Addendum_8_Grounds_Maintenance_Equipment_RFP_031121 2 Mon February 22 2021 10:21 AM Addendum-7—Grounds Maintenance_Equipment_RFP_031121_CDR Suggests 1 Wed February 17 2021 09:01 AM Addendum_6_Grounds_Maintenance_Equipment_RFP_031121 1 Tue February 16 2021 11:03 AM Addendum_5_Grounds_Maintenance_Equipment_RFP_031121 1 Fri February 12 2021 03:14 PM Addendum_4_Grounds_Maintenance_Equipment_RFP_031121 1 Tue February 2 2021 02:12 PM Addendum_3_Grounds_Maintenance_Equipment_RFP_031121 2 Thu January 21 2021 03:47 PM Addendum_2_Grounds_Maintenance_Equipment_RFP_031121 r 1 Wed January 20 2021 02:02 PM Addendum_1_Grounds_Maintenance_Equipment_RFP_031121 1 Tue January 19 2021 03:36 PM Bid Number: RFP 031121 Vendor Name: Kubota Tractor Corporation DocuSign Envelope ID:40429D94-F635-44BD-A539-16DC297C80D9 AMENDMENT#1 TO CONTRACT#031121-KBA THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Kubota Tractor Corporation (Supplier). Sourcewell awarded a contract to Supplier to provide Grounds Maintenance Equipment,Attachments, and Accessories with Related Services,to Sourcewell and its Participating Entities, effective April 28, 2021,through April 30, 2025 (Contract). The parties wish to amend the following terms within the Contract. 1. Section 6. Participating Entity Use and Purchasing—Subsection B. Additional Terms and Conditions/Participating Addendum, of the Contract, is deleted in its entirety and replaced with the following: B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum;the terms of which will be worked out directly between Participating Entity and the Vendor, or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. Except as amended by this Amendment,the Contract remains in full force and effect. Sourcewell Kubota Tractor Corporation DocuSigned by: DocuSigned by: ,�.VY.w�y �"�fi�. Bv. COFD2A 139D06489.. By: 89D-8D8BEC744A.. Jeremy Schwartz, Director of Operations/CPO Rusty Pugh, National Accounts Manager 4/22/2022 1 11:25 AM CDT 4/22/2022 1 8:27 AM PDT Date: Date: Approved: EDocuSigned by, By. 7E42BSF817A64CC... Chad Coauette, Executive Director/CEO 4/22/2022 1 11:37 AM CDT Date: Sourcewell Contract#031121 1 Amendment#1 Page 1 of 1 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. Kubota Tractor Corporation 2 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. None Name of Officer 4j Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. None/ Not applicable A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F-1 No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. None 6 ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 DocuSigned by: 5/17/2022 L2?RWMPWEW4*$or doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.Iegis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§ 176.006(a)and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection (a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 6/27/22,7:55 AM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOT WoRn Create New From This M&C DATE: 6/14/2022 REFERENCE**M&C 22- LOG 13P AMEND 611-20 GROUNDS NO.: 0441 NAME: MAINTENANCE EQUIP TD CITY CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL)Authorize Execution of Amendments to Existing Contracts to Increase the Compensation Amount and Amend Mayor and Council Communication 20-0777 to Add Interspec, LLC and Justin Seed Co. as Additional Vendors and Authorize the Execution of Additional Cooperative Contracts through Sourcewell 031121-DAC, Sourcewell 031121- KBA, Sourcewell 031121-TTC, and TIPS 190901 for Grounds Maintenance Equipment, Irrigation Parts, Supplies and Installations for all City Departments and to Increase the Combined Annual Amount from $725,000.00 to a Combined Annual Amount Not to Exceed $2,300,000.00 RECOMMENDATION: It is recommended that the City Council authorize execution of an amendment to existing contracts to increase the compensation amount and amend mayor and council communication 20-0777 to add Interspec, LLC and Justin Seed Co. as additional vendors and authorize the execution of additional cooperative contracts through Sourcewell 031121-DAC, Sourcewell 031121-KBA, Sourcewell 031121-TTC, And TIPS 190901 for grounds maintenance equipment, irrigation parts, supplies and installations for all City departments and to increase the combined annual amount from $725,000.00 to a combined annual amount not to exceed $2,300,000.00. DISCUSSION: The Park& Recreation Department (PARD) requested that the Purchasing Division assist with amending agreements under Mayor and Council Communication (M&C) 20-0777 to increase the annual amount not to exceed from $725,000.00 to $2,300,000.00 and to add additional suppliers using additional cooperative agreements. The Water, Code, Police and Transportation & Public Works (TPW) Departments will also use these agreements. The increase will be used to replace damaged irrigation items as well as add additional ground maintenance equipment, supplies, installation, and athletic field turf maintenance. Trees, shrubs, and bedding plants will also be purchased as the City sent a bid (ITB 22-0033) out for these items and received no response and the current suppliers will not renew their contract, expiring October 13, 2022. The purchase of new golf course equipment will also be obtained in place of the current golf course equipment that is being leased. The following is the revised utilization plan: M&C 20-0777 New Estimated Cooperative Cooperative Vendors Estimated Amounts Agreement Expiration Date Amounts BWI Companies, Inc. $0.00 $250,000.00 TIPS 190901 November 30, 2022 Austin Turf&Tractor $0.00 $485,000.00 Sourcewell 031DAC 121- April 30, 2025 Ewing Irrigation $56,000.00 $90,000.00 BuyBoard 611-20 May 31, 2023 Interspec, LLC $0.00 $20,000.00 BuyBoard 611-20 May 31, 2023 Justin Seed Co. $0.00 $12,000.00 BuyBoard 611-20 May 31, 2023 KBW Supply, Inc. $5,200.00 $6,000.00 BuyBoard 611-20 May 31, 2023 Kubota Tractor Corporation $55,000.00 $55,000.00 BuyBoard 611-20 May 31, 2023 apps.cfwnet.org/counciI_packet/mc_review.asp?ID=29994&counciIdate=6/14/2022 1/3 6/27/22,7:55 AM M&C Review Kubota Tractor Corporation $0.00 $200,000.00 Sourcewell 031121- April 30, 2025 KBA LSM Outdoor Power $22,000.00 $22,000.00 BuyBoard 611-20 May 31, 2023 MasterTurf Products and Services, $1,400.00 $43,000.00 BuyBoard 611-20 May 31, 2023 Inc. Professional Turf Products, LP $155,000.00 $30,000.00 BuyBoard 611-20 May 31, 2023 Professional Turf Products, LP $0.00 $1,023,000.00 Sourcewell 031TTC 121- April 30, 2025 SiteOne Landscape Supply $130,000.00 $340,000.00 BuyBoard 611-20 May 31, 2023 WinField United $56,000.00 $24,000.00 BuyBoard 611-20 May 31, 2023 * BWI Companies, Inc. $135,000.00 $0.00 BuyBoard 611-20 May 31, 2023 *Austin Turf&Tractor $25,000.00 $0.00 BuyBoard 611-20 May 31, 2023 * Hill Country Outdoor Power $6,000.00 $0.00 BuyBoard 611-20 May 31, 2023 *JHouston Holdings, LLC, dba, $8,500.00 $0.00 BuyBoard 611-20 May 31, 2023 JRC Associates, LLC * Kinloch Equipment & Supply, Inc. $43,000.00 $0.00 BuyBoard 611-20 May 31, 2023 * Note: BWI Companies, Inc. and Austin Turf&Tractor have been redistributed to TIPS 190901 and Sourcewell 031121-DAC respectively. The department will be receiving a better value at a lower cost using these cooperative agreements. Hill Country Outdoor Power, JHouston Holdings, LLC, dba, JRC Associates, LLC, and Kinloch Equipment& Supply, Inc. have been removed. The maximum amount allowed under this agreement citywide will be $2,300,000.00, however the actual amount used will be based on the need of the department and available budget. State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies any state law requiring that the local government seek competitive bids for purchase of the item. BuyBoard contracts are competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. This project will serve ALL COUNCIL DISTRICTS FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating & capital budgets, as previously appropriated, in the participating departments' Operating Funds and in the General Capital Projects Fund for the Golf Equipment Replacement and Golf Course Equipment FY22 projects to support the approval of the above recommendation and execution of the amendment to the contract. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 a pps.cfwnet.o rg/council_packet/mc_review.asp?I D=29994&cou nci Idate=6/14/2022 2/3 6/27/22,7:55 AM M&C Review Submitted for City Manager's Office by: Reginald Zeno (8517) Valerie Washington (6192) Originating Department Head: Anthony Rousseau (8338) —g g—p Richard Zavala (5711) Additional Information Contact: Cynthia Garcia (8525) Taylor Dean (7648) ATTACHMENTS 13PAMEND 611-20 GROUNDS MAINTENANCE EQUIP TD CITY funds availability,pdf (CFW Internal) All 1295 Forms.pdf (CFW Internal) All SAMS Reports.pI (CFW Internal) FID TABLE BLANK WITH INSTRUCTIONS V2(002).xlsx (CFW Internal) a pps.cfwnet.o rg/council_packet/mc_review.asp?I D=29994&cou nci Idate=6/14/2022 3/3