HomeMy WebLinkAboutContract 58550 CSC No.58550
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Time
Manufacturing Company/Versalift Southwest ("Vendor") 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—City's Terms and Conditions;
3. Exhibit B—Seller's Quote, Scope of Services or Purchase Order;
4. Exhibit C—Cooperative Agency Contract(e.g.,NJPA, DIR, BuyBoard); and
5. Exhibit D—Conflict of Interest Questionnaire.
Exhibits A, B, C, and D 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 B pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto. In the event of a conflict between Exhibit A—City's Terms and Conditions and Exhibit
C — Sourcewell Purchasing Contract No. 110421-TIM then Exhibit A — City's Terms and Conditions
shall control, but only to the extent allowable under the Sourcewell Purchasing Contract No. 110421-
TIM.
City shall pay Vendor in accordance with the fee schedule in Exhibit B and in accordance with
the provisions of this Agreement. Total payment made under this Agreement for the first year by City
shall be in the amount of Two Million Two Hundred Sixty One Thousand Four Hundred Fifty Seven
Dollars ($ 2,261,457.00). 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 be for one year beginning on October 25, 2022 and ending on
October 24, 2023. City shall be able to automatically renew this agreement for two (2) one-year
renewal options. Should Sourcewell opt to renew for additional terms, the City will do the same.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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:
Dam amA&Jee By signing I acknowledge that I am the person
By: Dana Burghdoff( c 6,2022 1136CST). responsible for the monitoring and administration
Name: Dana Burghdoff of this contract,including ensuring all performance
Title: Assistant City Manager and reporting requirements.
Date: Dec 6,2022
APPROVAL RECOMMENDED: By:
Name: Eliana Guevara
Title: Sr.Administrative Services Manager
By: Steve o ke(Dec 2,202211 s� APPROVED AS TO FORM AND LEGALITY:
Name: Steve Cooke
Title: Property Management Director
an
PoF Fon>�°a
ATTEST: `9,°; By:
P +° Name: Christopher Austria
QaIln QEXAsa4a Title: Assistant City Attorney
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By; 4#hette S.Goodall(Dec 7,2022 08: ST) CONTRACT AUTHORIZATION:
Name: Jannette S. Goodall M&C: 22-0875
Title: City Secretary Form 1295: 2022-943083
VENDOR:
Time Man uffd ing o it ny ATTEST:
By:
Name: 5' T By:
Title: 2:,y'T-CfWTff,*,CTV CoRD/AjATVZ Name:
Title:
Date: //��o/Z-7�
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
EXHIBIT A
CITY'S TERMS AND CONDITIONS
(Pages Follow)
CITY OF FORT WORTH,TEXAS
STANDARD PURCHASING TERMS ANDCONDITIONS
1.0 DEFINITION OF BUYER
The City of Fort Worth, its officers, agents, servants, authorized employees, Sellers and
subSellers who act on behalf of various City departments,bodies oragencies.
2.0 DEFINITION OF SELLER
The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services,
its officers, agents, servants, employees, Sellers and subSellers who act on behalf of the entity
under a contract with the City of Fort Worth.
3.0 PUBLIC INFORMATION
Any information submitted to the City of Fort Worth(the"City")may be requested by a member
of the public under the Texas Public Information Act. See TEx. GoVT CODE ANN. §§ 552.002,
552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary
information, the Seller listed in the request will be notified and given an opportunity to make
arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller
believes that its information may not lawfully be released. If Seller does not make arguments or
the AG rejects the arguments Seller makes, Seller's information will be released without penalty
to the City.
4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract
with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land,
materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful
violation of this section shall constitute malfeasance in office, and any officer or employee found
guilty thereof shall thereby forfeit his office or position. Any violation of this section with the
knowledge, expressed or implied, of the person or corporation contracting with the City Council
shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII,
Section 16, City of Fort Worth Charter)
5.1 ORDERS
5.2 No employees of the Buyer or its officers, agents, servants, Sellers or subSellers who
act on behalf of various City departments, bodies or agencies are authorized to place
orders for goods and/or services without providing approved contract numbers, purchase
order numbers, or release numbers issued by the Buyer. The only exceptions are
Purchasing Card orders and emergencies pursuant to Texas Local Government Code
Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing
Division will place such orders.
5.3 Acceptance of an order and delivery on the part of the Seller without an approved
contract number, purchase order number, or release number issued by the Buyer may
result in rejection of delivery,return of goods at the Seller's cost and/ornon-payment.
6.0 SEL.L.ER TO PACKAGE GOODS
Seller will package goods in accordance with good commercial practice. Each shipping
container, shall be clearly and permanently marked as follows: (a) Seller's name and address: (b)
Consignee's name, address and purchase order or purchase change order number; (c) Container
number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container
bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided.
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Goods shall be suitably packed to secure lowest transportation costs and to conform to
requirements of common carriers and any applicable specifications. Buyer's count or weight shall
be final and conclusive on shipments not accompanied by packing lists.
7.0 SHIPMENT UNDER RF.SERVATIONPROHIBITED
Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will
operate as a tender of goods.
8.0 TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and
takes possession of the goods at the point or points of delivery after inspection and acceptance of
the goods.
9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES
Freight terms shall be F.O.B. Destination,Freight Prepaid and Allowed,unless delivery terms are
specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation
costs in the amount specified in Seller's proposals or actual costs, whichever is lower, if the
quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to
designate what method of transportation shall be used to ship the goods.
10.0 PLACE OF DELIVERY
The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase
change order, or release order.
11.0 RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall
be responsible for all charges for the return to Seller of any goods rejected as being
nonconforming under the specifications.
12.1 INVOICES
12.2 Seller shall submit separate invoices in duplicate, on each purchase order or purchase
change order after each delivery. Invoices shall indicate the purchase order or purchase
change order number. Invoices shall be itemized and transportation charges, if any, shall
be listed separately. A copy of the bill of lading and the freight waybill,when applicable,
should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's
Department and address as set forth in the block of the purchase order, purchase change
order or release order entitled "Ship to." Payment shall not be made until the above
instruments have been submitted after delivery and acceptance of the goods and/or
services.
12.3 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer
shall furnish a tax exemption certificate upon Seller's request.
13.1 PRICE WARRANTY
13.2 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller
warrants to be no higher than Seller's current prices on orders by others for products and
services of the kind and specification covered by this agreement for similar quantities
under like conditions and methods of purchase. In the event Seller breaches this
warranty, the prices of the items shall be reduced to the prices contained in Seller's
proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel
this contract without any liability to Seller for breach or for Seller's actual expense. Such
remedies are in addition to and not in lieu of any other remedies which Buyer may have
Revised July 11,2019
in law or equity.
13.3 Seller warrants that no person or selling agency has been employed or retained to solicit
or secure this contract upon an agreement or understanding for commission, percentage,
brokerage or contingent fee, excepting employees of an established commercial or selling
agency that is maintained by Seller for the purpose of securing business. For breach or
violation of this warranty, Buyer shall have the right, in addition to any other right or
rights arising pursuant to said purchase(s), to cancel this contract without liability and to
deduct from the contract price such commission percentage,brokerage or contingent fee,
or otherwise to recover the full amount thereof.
14.0 PRODUCT WARRANTY
Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall
render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will
conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and
the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's
specifications,drawings,and descriptions,Buyer's specifications shall govern.
15.0 SAFETY WARRANTY
Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the
U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as
amended. In the event the product does not conform to OSHA standards, Buyer may return the
product for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's
expense. Where no correction is or can be made, Seller shall refund all monies received for such
goods within thirty (30) days after request is made by Buyer in writing and received by Seller.
Notice is considered to have been received upon hand delivery, or otherwise in accordance with
Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach
and cause this contract to terminate immediately.
16.0 SOFTWARE LICENSE TO SELLER
If this purchase is for the license of software products and/or services, and unless otherwise
agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable,
royalty free license to use the software. This software is "proprietary" to Seller, and is licensed
and provided to the Buyer for its sole use for purposes under this Agreement and any attached
work orders or invoices. The City may not use or share this software without permission of the
Seller; however Buyer may make copies of the software expressly for backuppurposes.
17.1 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY
17.2 The SELLER warrants that all Deliverables, or any part thereof, furnished
hereunder, including but not limited to: programs, documentation, software,
analyses, applications, methods, ways, and processes (in this Section each
individually referred to as a"Deliverable" and collectively as the"Deliverables,")do
not infringe upon or violate any patent, copyrights, trademarks, service marks,
trade secrets, or any intellectual property rights or other third party proprietary
rights,in the performance of services under this Agreement.
17.3 SELLER shall be liable and responsible for any and all claims made against the
City for infringement of any patent, copyright, trademark, service mark, trade
secret, or other intellectual property rights by the use of or supplying of any
Deliverable(s)in the course of performance or completion of,or in any way
Revised July 11,2019
connected with providing the services,or the City's continued use of the
Deliverable(s)hereunder.
17.4 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense,
including the payment of attorney's fees, any claim or action against the City for
infringement of any patent, copyright, trade mark, service mark, trade secret, or
other intellectual property right arising from City's use of the Deliverable(s), or any
part thereof, in accordance with this Agreement, it being understood that this
agreement to indemnify, defend, settle or pay shall not apply if the City modifies or
misuses the Deliverable(s). So long as SELLER bears the cost and expense of
payment for claims or actions against the City pursuant to this section 8, SELLER
shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such
claim; however, City shall have the right to fully participate in any and all such
settlement, negotiations, or lawsuit as necessary to protect the City's interest, and
City agrees to cooperate with SELLER in doing so. In the event City, for whatever
reason, assumes the responsibility for payment of costs and expenses for any claim
or action brought against the City for infringement arising under this Agreement,
the City shall have the sole right to conduct the defense of any such claim or action
and all negotiations for its settlement or compromise and to settle or compromise
any such claim; however, SELLER shall fully participate and cooperate with the
City in defense of such claim or action. City agrees to give SELLER timely written
notice of any such claim or action, with copies of all papers City may receive
relating thereto. Notwithstanding the foregoing, the City's assumption of payment
of costs or expenses shall not eliminate SELLER's duty to indemnify the City under
this Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the
use thereof is enjoined or restrained or, if as a result of a settlement or compromise,
such use is materially adversely restricted, SELLER shall, at its own expense and as
City's sole remedy, either: (a) procure for City the right to continue to use the
Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing,
provided that such modification does not materially adversely affect
City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s)
with equally suitable, compatible, and functionally equivalent non-infringing
Deliverable(s) at no additional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to SELLER, terminate this Agreement, and
refund all amounts paid to SELLER by the City, subsequent to which termination
City may seek any and all remedies available to City under law.
18.0 OWNERSHIP OF WORK PRODUCT
Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes,
methods,programs, and manuals that were developed,prepared,conceived,made or suggested by
the Seller for the City pursuant to a Work Order, including all such developments as are
originated or conceived during the term of the Contract and that are completed or reduced to
writing thereafter(the"Work Product") and Seller acknowledges that such Work Product may be
considered"work(s)made for hire" and will be and remain the exclusive property of the City. To
the extent that the Work Product, under applicable law, may not be considered work(s) made for
hire, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns
exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller
may have in any Work Product or any tangible media embodying such Work Product,without the
necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own
Revised July 11,2019
name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of
its Sellers hereby waives any property interest in such WorkProduct.
19.0 NETWORKACCESS
The City owns and operates a computing environment and network(collectively the "Network").
If Seller requires access, whether onsite or remote, to the City's network to provide services
hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other
network application, Seller shall separately execute the City's Network Access Agreement prior
to providing such services. A copy of the City's standard Network Access Agreement can be
provided upon request.
20.0 CANCELLATION
Buyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered portion of this order if Seller breaches any of the terms hereof, including warranties
of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which
Buyer may have in law or equity.
21.0 TERMINATION
The performance of work or purchase of goods under this order may be terminated in whole or in
part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice
of Termination" specifying the extent to which performance of work or the goods to be purchased
under the order is terminated and the date upon which such termination becomes effective. Such
right of termination is in addition to and not in lieu of any other termination rights of Buyer as set
forth herein.
22.0 ASSIGNMENT/DEL.EGATION
No interest, obligation or right of Seller, including the right to receive payment, under this
contract shall be assigned or delegated to another entity without the express written consent of
Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally
ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer giving
its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents,
as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and
transfer of rights,interests,or obligations to another entity. The documents that may be requested
include, but are not limited to, Articles of Incorporation and related amendments, Certificate of
Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to
withhold all payments to any entity other than Seller, if Seller is not in compliance with this
provision. If Seller fails to provide necessary information in accordance with this section, Buyer
shall not be liable for any penalties,fees or interest resultingtherefrom.
23.0 WAIVER
No claim or right arising out of a breach of this contract can be discharged in whole or in part by
a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrievedparty.
24.0 MODIFICATIONS
This contract can be modified or rescinded only by a written agreement signed by bothparties.
25.0 THE AGREEMENT
In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Buyer and Seller shall consist of these Standard Terms and Conditions together with any
applicable proposal documents published by the Buyer and Seller's Response to such proposal
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(the "contract documents"). This Agreement is intended by the parties as a final expression of
their agreement and is intended also as a complete and exclusive statement of the terms of their
agreement. No course of prior dealings between the parties and no usage of trade shall be
relevant to supplement or explain any term used in this Agreement. Acceptance of or
acquiescence in a course of performance under this Agreement shall not be relevant to determine
the meaning of this Agreement even though the accepting or acquiescing party has knowledge of
the performance and opportunity for objection. Whenever a term defined by the Uniform
Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall
control. In the event of a conflict between the contract documents, the order of precedence shall
be these Standard Terms and Conditions, the Buyer's published proposal documents and the
Seller's response. If Buyer and Seller have otherwise negotiated a contract, this Agreement shall
not apply.
26.0 APPL.ICABL.E LAW/VENUE
This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform
Commercial Code" or"UCC" is used. It shall be construed as meaning the Uniform Commercial
Code as adopted and amended in the State of Texas. Both parties agree that venue for any
litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract
shall be governed,construed and enforced under the laws of the State ofTexas.
27.0 INDEPENDENT CONTRACTOR(S)
Seller shall operate hereunder as an independent Contractor(s)and not as an officer, agent, servant
or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control,
the details of its operations hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees, Sellers and sub- Sellers.
The doctrine of respondeat superior shall not apply as between Buyer and Seller, its officers,
agents, employees, Sellers and subSellers. Nothing herein shall be construed as creating a
partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, Sellers
and subSellers.
28.1 LIABILITY AND INDEMNIFICATION.
28.2 LIABILITY - SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT
CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE
OR INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
28.3 INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY (ALSO
REFERRED TO AS BUYER), ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE
OR LOSS TO SELLER'S BUSINESS, AND ANY RESULTING LOST PROFITS)
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,
AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY
INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT,TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF
SELLER,ITS OFFICERS,AGENTS, SUBCONTRACTOR(S)S, SERVANTSOR
EMPLOYEES.
29.0 SEVERABILITY
In case any one or more of the provisions contained in this agreement shall for any reason, be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this agreement, which agreement shall be
construed as if such invalid,illegal or unenforceable provision had never been containedherein.
30.0 FISCAL FUNDING LIMITATION
In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for
payments due under this contract, then Buyer will immediately notify Seller of such occurrence
and this contract shall be terminated on the last day of the fiscal period for which funds have been
appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions
of annual payments herein agreed upon for which funds shall have been appropriated and
budgeted or are otherwise available.
31.0 NOTICES TO PARTIES
Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to
have been delivered three (3) business days following the day such notice is deposited in the
United States mail, in a sealed envelope with sufficient postage attached,addressed to Purchasing
Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth, Texas 76102.
Notices to Seller shall be conclusively determined to have been delivered three (3)business days
following the day such notice is deposited in the United States mail, in a sealed envelope with
sufficient postage attached, addressed to the address given by Seller in its response to Buyer's
invitation to proposals. Or if sent via express courier or hand delivery, notice is considered
received upon delivery.
32.0 NON-DISCRIMINATION
This contract is made and entered into with reference specifically to Chapter 17, Article III,
Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as
amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents,
Sellers or subSellers, have fully complied with all provisions of same and that no employee,
participant, applicant, Contractor(s)or subContractor(s)has been discriminated against according
to the terms of such Ordinance by Seller, its employees, officers, agents, Contractor(s)or
subSellers herein.
33.0 IMMIGRATION NATIONALITY ACT
Seller shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-
9). Upon request by City, Seller shall provide City with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. Seller
shall adhere to all Federal and State laws as well as establish appropriate procedures and controls
so that no services will be performed by any Seller employee who is not legally eligible to
perform such services. SELLER SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY SELLER, SELLER'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Seller, shall
have the right to immediately terminate this Agreement for violations of this provision by Seller.
Revised August 31,2017
34.0 HEALTH. SAFETY.AND ENVIRONMENTAL REQUIREMENTS
Services, products, materials, and supplies provided by the Seller must meet or exceed all
applicable health, safety, and the environmental laws, requirements, and standards. In addition,
Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and
inspections necessary to provide the products or to perform the services hereunder. Seller shall
indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall
have the right to immediately terminate this Agreement for violations of this provision by Seller.
35.0 RIGHT TO AUDIT
Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of
three (3) years after final payment under this contract, and at no additional cost to Buyer, have
access to and the right to examine and copy any directly pertinent books, computer disks, digital
files, documents, papers and records of the Seller involving transactions relating to this contract,
including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees
that the Buyer shall have access, during normal working hours, to all necessary Seller facilities,
and shall be provided adequate and appropriate workspace, in order to conduct audits in
compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any
copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer
shall give Seller reasonable advance written notice of intended audits, but no less than ten (10)
business days.
36.0 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller
warrants that it and any and all of its subSellers will not unlawfully discriminate on the basis of
disability in the provision of services to general public, nor in the availability, terms and/or
conditions of employment for applicants for employment with, or employees of Seller or any of its
subSellers. Seller warrants it will fully comply with ADA's provisions and any other applicable
federal, state and local laws concerning disability and will defend, indemnify and hold Buyer
harmless against any claims or allegations asserted by third parties or subSellers against Buyer
arising out of Seller's and/or its subSeller's alleged failure to comply with the above-referenced laws
concerning disability discrimination in the performance of this agreement.
37.0 DISPUTE RESOLUTION
If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty,
obligations, services rendered or any warranty that arises under this Agreement,the parties shall first
attempt to resolve the matter through this dispute resolution process. The disputing party shall notify
the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The
notice shall state the nature of the dispute and list the party's specific reasons for such dispute.
Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort,
either through email, mail, phone conference, in person meetings, or other reasonable means to
resolve any claim,dispute,breach or other matter in question that may arise out of,or in connection
with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of
receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation
upon written consent of authorized representatives of both parties in accordance with the Industry
Arbitration Rules of the American Arbitration Association or other applicable rules governing
mediation then in effect. If the parties cannot resolve the dispute through mediation,then either party
shall have the right to exercise any and all remedies available under law regarding the dispute.
Revised August 31,2017
38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
If Seller has fewer than 10 employees or the Agreement is for less than$100,000,this section 31 does
not apply. Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and(2)
will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company"
shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code.
By signing this Addendum, Seller certifies that Seller's signature provides written verification to City
that Seller: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
Agreement.
Revised August 31,2017
EXHIBIT B
SELLER'S QUOTE, SCOPE OF SERVICES OR PURCHASE ORDER;
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Versalift QUOTATION
7601 Imperial Drive
Waco, Texas 76712-6608 SOURCEWELL N-23428
254.399.2100 as Revision 2
ATTIRE MANUFACTURING COMPANY
Customer: City of Fort Worth Date: 9/21/2022
Attn: Janie Arreola Model: VST-47-MHI
Email: Janie.Arreola@FortWorthTexas.gov VERSALIFT SOURCEWELL
Address: 5021 James Ave. CONTRACT#110421-TIM
Fort Worth, Texas 76115
Model Description Sourcewell Base Price
VST-40-1 Insulated 40 ft. telescopic aerial platform lift, 45 ft. working $151,132.00 List Price
height including the following standard feature items:
$128,462.00 w/Discount
STANDARD SOURCEWELL FEATURES:
• 19,500 GVWR, 84" Ford F550 4X2 chassis with automatic transmission, 6.71-diesel engine,
and air conditioning.
• 132"steel service body with standard compartments treadplate tops and 24"tailshelf.
• Standard platform capacity of 500 lbs. (204 kg).
• Standard 46-1/4" pedestal.
• Hydraulic pump.
• TruGuardTm 2.0 dielectric isolating system with Right Hand single stick control. All control handles are
isolated and Tested per ANSI 92.2. The high resistive dielectric system is protected from direct
environmental and job related contamination. TruGuardTm 2.0 technology incorporates the use of full
hydraulic controls with durable metal handles and linkages
Main A-frame outriggers.
• Full pressure turret mounted lower controls with override.
Engine start/stop from platform and lower controls.
• Continuous rotation including one pass slip ring for start/stop system.
• Chassis insulating system.
• Six gpm (22.7 Ipm)open center hydraulic system at 2500 psi (175 kg/cm2).
• Side mounted telescopic upper boom for low stowed platform.
Fiberglass inner boom and patented ELECTROGARD provide insulation gap fully
retracted meeting ANSI A92.2-2015 requirements for Category C, 46 KV and below.
• Insulation gap and including accommodations to bridge insulation gap for testing per ANSI A92.2
ELECTROGARD and inner boom furnished with white urethane paint over a white gel coat.
Non-lube bearings used throughout.
• One set hydraulic tools at platform.
• Integral hydraulic oil reservoir with dual sight gauges and 17 gallon (64.4 I)capacity.
• Closed 24 in. X 24 in. X 42 in. (0.61 m X 0.61 m X 1.07m)fiberglass platform with one
curbside step (in end hung position)
• Master/slave hydraulic leveling with upper control to tilt for cleanout or rescue.
• Upper boom storage cradle with ratchet type tie down strap and tubular rubber platform support
PTO power source.
Hydraulic oil.
• Mounting hardware.
• Two operator's manuals and two service manuals.
ANSI A92.2 data plate.
VST-47-MHI Date: 9/19/2022
VERSALIFT.COM Page 1 of 2 Quote#: N-23428R1
SOURCEWELL OPTIONS: Price shown in addition to above price.
VST471 aerial lift in lieu of the above VST401 aerial lift $6,704.00
24"x 30"x 42" closed platform with cover and liner in lieu of the 24" $954.00
OPEN MARKET OPTION: Price shown in addition to above price.
Hydraulic dual arm articulating jib and winch with up to 1,000 lbs. capacity $12,284.00
Auxiliary independent narrow A-frame outriggers with interlock and valve $11,569.00
12 volt back up system $1,542.00
• Automatic throttle control $727.00
• Auto boom latch mounted on inner boom $3,661.00
• Safety harness and lanyard $549.00
• Strobe lights, two in grille and two in tailshelf $2,186.00
• Pintle hitch with 2" ball, D-rings, and 7-prong trailer receptacle $1,771.00
• Outrigger pads and wheel chocks $828.00
• 3 pt. grounding kit, parking brake interlock system, back up alarm $1,746.00
• Set of quick disconnects for upper tool power $250.00
• Auto provision PTO and pump in lieu of the standard PTO and pump $650.00
• 2022 Ford F550 4x2 cab and chassis with diesel engine, auto transmission,
19,500 GVWR, 84" CA, XL value package, power equipment group, engine block
heater, trailer brake controller, utility light system, rear view camera, and 332 Amp
alternators in lieu of the above chassis $14,574.00
132"steel body with 30"tailshelf, 48" high compartments on streetside with hot stick
shelf, and 40" on curbside, 5.5" high tailboard at rear, LED light package, rear and
curbside side access steps, grab handles at rear and side access, master door locks,
outrigger pad holders, and wheel chock holder in lieu of the above steel body $16,930.00
Price Summary
TOTAL PRICE F.O.B. WACO, TEXAS: $205,387.00 ea.
FREIGHT TO FT. WORTH, TEXAS: $ 200.00 ea.
COMPLETE TOTAL PRICE F.O.B. FT. WORTH, TEXAS: $205,587.00 ea.
Quantity Discounts (Discounts are figured off the contracted Sourcewell Base Price only)
• 2 to 4 units @ 1% $1,285.00 ea.
• 5 to 10 units @ 2% $2,569.00 ea.
• 11-20 units @ 3% $3,853.00 ea.
• 21+ units @ 4% $5,138.00 ea.
TERMS: Net 30 days. MSO released after receipt of payment.
SHIPMENT: Approximately 240 to 275 days after receipt of order,or 60 days after receipt of chassis',whichever is later...
Best Regards,
STAAT TomcH.Esso2v
Government Contracts Sales Coordinator
Phone: (254)399-2167
<<V1RSAL1FT> Email:StanTomchesson@versalift.com
0
Amin MANUFACTURING COMPANY
VST-47-MH I Date: 9/19/2022
VERSALIFT.COM Page 2 of 2 Quote#: N-23428R1
EXHIBIT C
COOPERATIVE AGENCY CONTRACT (E.G.,NJPA,DIR, BUYBOARD)
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Sourcewell 44's
Solicitation Number: RFP #110421
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Time Manufacturing Company, 7601 Imperial Drive, P.O. Box 20368,
Waco, TX 76712 (Supplier).
Sourcewell is a State of Minnesota local government unit 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 eligible
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 Public Utility Equipment with Related Accessories and
Supplies from which Supplier was awarded a contract.
Supplier 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 December 27, 202S, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier'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. Supplier 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, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Supplier'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 extends
beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier'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, Supplier must permit the Equipment and Products to be
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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
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery. In the event of the delivery of nonconforming
Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity.
Supplier 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 Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier 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, Supplier may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier 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
Supplier 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 Supplier Development Administrator. This
approved form is available from the assigned Sourcewell Supplier Development 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;
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• 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
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an
amendment to this Contract and will 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. Supplier 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.
Supplier 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. Supplier's employees maybe required to perform work at government-
owned facilities, including schools. Supplier'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 Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier's acceptable forms of payment are included in its attached Proposal. 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 Supplier, such as job or industry-specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum; the terms of which will be negotiated directly between the
Participating Entity and the Supplier. 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 not addressed in this Contract (such as e-
commerce specifications, specialized delivery requirements, or other specifications and
requirements), the Participating Entity and the Supplier 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 Supplier 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 equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements.
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. Supplier 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:
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• 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.
B. BUSINESS REVIEWS. Supplier 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, sales data reports, 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, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department);
• Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity 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 Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier 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. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Supplier 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
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by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier'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.
Supplier 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 Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier 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.
Supplier's Authorized Representative is the person named in the Supplier's Proposal. If
Supplier's Authorized Representative changes at any time during this Contract, Supplier 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 party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by the
parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. 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 of this Contract, 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
respective businesses. This Contract does not create a partnership,joint venture, or any other
relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier 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. Sourcewell's
responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier 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 Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and
license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and
license to use Supplier's trademarks in advertising and promotional materials for the
purpose of marketing Supplier'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 their respective subsidiaries, distributors, dealers,
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resellers, 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.
a. Neither party may alter the other party's trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos.
b. 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, Supplier 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 Supplier
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 suppliers which may be used until the next printing). Supplier 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 Supplier 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. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
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14. GOVERNING LAW,JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
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. 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 by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination 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 Supplier 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 Supplier may escalate the resolution of the issue to a higher
level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
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.
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The party claiming default must provide written notice of the default, with 30 calendar days to
cure the 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:
• 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, Supplier 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. Supplier 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,
Supplier 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
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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
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer's Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier 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 Supplier'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 Supplier 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, Supplier 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 Supplier Development 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 Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsements) must further provide that coverage is
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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. Supplier 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
insurance applicable to the Supplier 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 Supplier or its subcontractors. Where permitted by law, Supplier 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. Supplier 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 Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier 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 Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing.
Supplier 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. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
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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 have additional
requirements based on specific funding source terms or conditions. Within this Article, all
references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier's Equipment,
Products, or Services with United States federal funds.
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.
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. Supplier must be in
compliance with all applicable Davis-Bacon Act provisions.
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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
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. Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier 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. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier 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).
Supplier 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
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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. Supplier
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.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers 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. Suppliers 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. Suppliers 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, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier 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, Supplier
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, Supplier 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.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Supplier that are directly pertinent to Supplier'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 Supplier'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
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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
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.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to
this Contract or any purchase by an Participating Entity and is not subject to any obligations or
liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter
resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The
Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and
Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a
Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services,
Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and
Participating Entity are able to assess the actual or potential conflict; and provide any additional
information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources
and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it
will comply with applicable requirements of 2 C.F.R. § 200.216.
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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies
that during the term of this Contract will comply with applicable requirements of 2 C.F.R. §
200.322.
22. CANCELLATION
Sourcewell or Supplier 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 Supplier's
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell Time Manufacturing Company
By.IDocuSigned by: DocuSigned by:
COFD2A139Do6489... By. OFDFAF837C74435..
Jeremy Schwartz Stan Tomchesson
Title: Chief Procurement Officer Title: Government Contract Sales Coordinator
12/20/2021 1 2:07 PM CST 1/27/2022 1 8:25 AM CST
Date: Date:
Approved:
r'D,occuSigneed�bAy':,,
1./�`^Vr� 1,"0ktl`
By: 7E4288F817A64CC...
Chad Coauette
Title: Executive Director/CEO
1/27/2022 1 8:26 AM CST
Date:
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RFP 110421 - Public Utility Equipment with Related Accessories
and Supplies
Vendor Details
Company Name: Time Manufacturing Company
7601 Imperial Dr
Address:
Waco,Texas 76712
Contact: Stan Tomchesson
Email: stantomchesson@versalift.com
Phone: 254-399-2167
Fax: 254-399-2167
HST#: 74-1609717
Submission Details
Created On: Monday October 18,2021 20:48:32
Submitted On: Wednesday November 03,2021 16:22:23
Submitted By: Stan Tomchesson
Email: stantomchesson@versalift.com
Transaction#: ef951 bba-c55f-48cf-838c-7873a9b0e524
Submitter's IP Address: 72.48.132.83
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
Specifications
Table 1: Proposer Identity&Authorized Representatives
General Instructions(applies to all Tables)Sourcewell prefers a brief but thorough response to each question.Do not merely attach additional documents to your
response without also providing a substantive response.Do not leave answers blank;respond"N/A"if the question does not apply to you(preferably with an
explanation).
Line Item Question Response*
1 Proposer Legal Name (one legal entity only): (In the Time Manufacturing Company
event of award, will execute the resulting contract
as "Supplier")
2 Identify all subsidiary entities of the Proposer whose Time Manufacturing Company Brands include: Versalift, BrandFX, Ruthmann, Steiger, Ecoline, Eagle.
equipment, products, or services are included in the Blueline, & Aspen Aerials
Proposal.
3 Identify all applicable assumed names or DBA names of Not Applicable
the Proposer or Proposer's subsidiaries in Line 1 or
Line 2 above.
4 Proposer Physical Address: Time Manufacturing Company
7601 Imperial Drive
P.O. Box 20368
Waco, Texas 76712
5 Proposer website address (or addresses): Timemfg.com, Versalift.com, Brandfxbody.com, Ruthmannreachmaster.com, Aspenaerials.com
6 Proposer's Authorized Representative (name, title, Stan Tomchesson
address, email address & phone) (The representative Government Contract Sales Coordinator
must have authority to sign the "Proposers Assurance Time Manufacturing Company
of Compliance" on behalf of the Proposer and, in the 7601 Imperial Drive
event of award, will be expected to execute the resulting P.O. Box 20368
contract): Waco, Texas 76712
Phone: (254) 399-2167
Email: StanTomchesson@versalift.com
7 Proposer's primary contact for this proposal (name, title, STAN TOMCHESSON
address, email address & phone): Government Contract Sales Coordinator
Phone: (254) 399-2167
Email: StanTomchesson@versalift.com
Time Manufacturing Company
7601 Imperial Drive
P.O. Box 20368
Waco, Texas 76712
8 Proposer's other contacts for this proposal, if any N/A
(name, title, address, email address & phone):
Table 2: Company Information and Financial Strength
Line Question Response
Item
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
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9 Provide a brief history of your company, including your Brief History of Time Manufacturing Company
company's core values, business philosophy, and Time Manufacturing Company has been manufacturing and servicing bucket trucks, digger derricks, and
industry longevity related to the requested equipment, cable placers for public utilities under the Versalift brand for more than 50 years with a proven history
products or services. of supporting government agencies in the electric utility transmission and distribution sectors.
Additionally, the company provides equipment service, parts, testing, training, warranty, financing and
rental fleet support to agencies and municipal departments responsible for telecommunications, tree
care, and signage & lighting. We strongly emphasize creating value for our customers in every step of
our manufacturing process with a focus on first time quality, and seek to build the safest and most
reliable equipment in the market. Time Manufacturing Company has built a portfolio of innovative
brands in recent years, adding to the success of the Versalift brand and broadening the company's
ability to serve core markets. Recent acquisitions have included Aspen Aerials, the leading bridge
inspection truck manufacturer in North America, BrandFX Body Company, the country's largest
composite truck body manufacturer, and Ruthmann, a prominent European manufacturer of premium
quality high reach, telescoping and compact aerial lifts. Over this same period of time, we have
deepened our distribution and service network across the United States and Canada. All of the
company's acquisitions are perfectly aligned with this RFP.
Global Growth at Time Manufacturing Company
Since 2017, Time Manufacturing Company has grown in size from 700 to more than 2,000 employees.
This growth has been powered by both significant organic growth, and by several acquisitions in North
America and Europe. This growth has resulted in significantly enhanced capability to manufacture and
distribute products in a timely manner to customers all over the world. Significant manufacturing
improvements have led to decreased lead time, improved first time quality, facilities revamps, and data
driven process improvements that allow management to address parts delivery, supply chain
management, decreased warranty claims, and vastly improved customer satisfaction. The most recent
acquisition of Ruthmann, allows the company to significantly expand aerial lift offerings in complement
to its current line up. By adding the Ruthmann portfolio (Ruthmann, Steiger, Ecol-ine and BlueLift) to
its existing set of premium brands (Versalift, BrandFX and Aspen Aerials), the company is well-
positioned to more efficiently serve and meet the needs of a growing customer base serving
infrastructure needs across the US and Canada.
Across our organization, our global growth plan has resulted in a much stronger capability to design,
manufacture, distribute and service aerial lifts, in a timely manner, to more customers in U.S. and
Canadian markets.
Core Values & Business Philosophy of Time Manufacturing Company
To deliver upon our value proposition of"a lower true cost of ownership" to our customers, we
continue to improve and refine our production and assembly operations to deliver safe, reliable, high
quality equipment that stands the test of time. At Time Manufacturing Company, the principles of
safety, integrity, first time quality, continual improvement, transparency, pride and community are built
around our commitment to the highest standards of quality. We meet these high standards by focusing
on manufacturing excellence, engineering innovation and product safety, and by always putting operator
safety first.
Quotes From Executive Leadership:
Time Manufacturing Company's management team believes that it is their job to create a sustainable
organization that serves the community as whole. Not just committed to profits, but to also enhance
safety, operations efficiency, and value for its customer and the community as a whole through a
culture of innovation:
Curt S. Howell, CEO: "Our goal is to bring the safest products to market. As we implement our global
growth plan, we are creating a sustainable, profitable, and transparent organization. This
transformation results in a better product, which lowers cost of ownership, and leads the industry in
protecting the operator."
Robert Martz, VP Manufacturing: "The people who use our products risk their lives doing hazardous
work, at height, every day. That is what motivates us to drive first time product quality to 100%. This
leads to improved operator safety."
James Christian, VP Engineering: "We are doing everything possible to provide products that have a
carbon neutral footprint including lightweight, high strength aerial lifts combined with lightweight truck
bodies and ePTO systems or electric/hybrid chassis. Our wind energy generation maintenance
equipment helps propel a carbon neutral world forward, not just for us, but also for future generations."
10 What are your company's expectations in the event of Each Time Manufacturing Company brand, including Versalift, BrandFX and Aspen Aerials, consider
an award? Government Agencies and Municipalities, including Sourcewell members, to be a core element of its
business model. In order to better serve Sourcewell participating members, we have developed a
Government Services website, which can be viewed at https://versalift.com/government.
With a staff that is dedicated to serving Sourcewell member needs, Time Manufacturing Company has
developed programs to ensure that equipment procurement through an awarded contract is fast, easy,
and consistent throughout the award term. Dedicated programs for Sourcewell members include
Sales, Training, Financing, and Service. Unique from some other manufacturers' offerings, Time
Manufacturing Company has partner relationships with dozens of full service facilities that provide
nationwide coverage with hundreds of service locations across North America. Our distribution and
service network will make sure that Sourcewell members have quick and reliable access to routine
maintenance, equipment service and testing, parts, and training.
The company's RFP response and Sourcewell Response programs are now integrated into our
Government Contract department with a dedicated Sales Coordination team that is well trained on
Sourcewell contract offerings across the board. Our Coordination Lead, Stan Tomchessen has
decades of experience managing a team of experts in procurement response. Delivering on hundreds
of RFP's responses per year, his team has a proven track record of fast, concise, and accurate
handling of all Sourcewell leads.
In a recent National Sales Meeting for the company which took places at the 2021 Utility Expo late
September, the company reaffirmed its commitment to better marketing Sourcewell options for its
customers. In attendance at the meeting were hundreds of representatives from all of the companies
distribution/dealer-partners. Program literature, links to contact information, and followup information
was provided. Additionally, we have invited Sourcewell representatives to speak at our local sales
meetings in the past, and intend to continue to do so.
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
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11 Demonstrate your financial strength and stability with Time Manufacturing Company is very well capitalized through its ownership by a well-funded ($10B)
meaningful data. This could include such items as Private Equity Firm. We have working capital, credit, and ratings that will allow us to service
financial statements, SEC filings, credit and band Sourcewell member needs for the next decade and beyond.
ratings, letters of credit, and detailed reference letters.
Upload supporting documents (as applicable) in the See attached financial statement attached
document upload section of your response.
12 What is your US market share for the solutions that We are leaders (top 3 position) in every category of product that we sell. Aspen Aerials is the
you are proposing? undisputed leader in bridge inspection equipment across North America, BrandFX is the largest
composite truck body maker in the World. Versalift products can be found in every contiguous United
State, every Canadian Province, as well as regionally in the Caribbean Territories, Alaska, and
Hawaii. We have sales and distribution centers across the nation that ensure that all states have
access to product, service, and training. Our commitment to better-manufacturing, shorter lead time,
and to producing the highest quality products has served the company well. Since 2017, the company
has grown in every category consistently. Profitable growth in the aerials divisions related to this
contract have provided the company the ability to provide the most-available products in the market
when compared to our competitors.
A short video explaining the growth goals of the company can be found at:
https:/ANww.youtube.com/watch?v=uxJ651alxvs
13 What is your Canadian market share for the solutions In June of 2021 Time Manufacturing Company acquired CALCO Equipment Lmt, one of the leading
that you are proposing? distributors of Aerial Devices and a long time partner of Versalift. With an influx of capital,
technology, and by adding people, The company now serves all of Canada, including hubs in Nova
Scotia, Quebec, British Columbia, Alberta, and Ontario. Through these distribution hubs, our Versalift
Canada service team provides service all of Canada
14 Has your business ever petitioned for bankruptcy No
protection? If so, explain in detail.
15 How is your organization best described: is it a b) Time Manufacturing Company is unique in its complete-solution-capability. This is because it is a
manufacturer, a distributor/dealer/reseller, or a service manufacturer with both company-owned distribution and service capabilities, and a network of third-
provider? Answer whichever question (either a) or b) party service partners. Versalift has company-owned distributor locations, as well as a strong third-party
just below) best applies to your organization. distribution network throughout the United States and Canada. More than half of the dealers in our
a) If your company is best described as a distribution network have been providers of our products for decades. A broad base of experienced
distributor/dealer/reseller (or similar entity), provide your distributors, provides regionally significant subject matter expertise, which has resulted in best-in-class
written authorization to act as a experience, and thousands of repeat customers.
distributor/dealer/reseller for the manufacturer of the
products proposed in this RFP. If applicable, is your Time Manufacturing Company manufactures industry leading Vehicle-Mounted Aerial Lifts (VMALs)that
dealer network independent or company owned? support essential businesses such as Electric utility, Telecommunications, Forestry, Sign, Light &Traffic,
b) If your company is best described as a Construction, and Wind Turbine Blade Maintenance in the private and public sectors. "Our distributor
manufacturer or service provider, describe your network consists of aerial lift, bucket truck, digger derrick and cable placer dealers across North
relationship with your sales and service force and with America. Versalift dealers deliver world-class products with the highest levels of safety, reliability and
your dealer network in delivering the products and overall quality in the world. Versalift dealers are industry experts, engineers and technicians who
services proposed in this RFP. Are these individuals provide sales, service and support to our customers. While we are a global company, we believe
your employees, or the employees of a third party? that local expertise is an essential component of superior service." (https://versalift.com/distribution).
With hundreds of additional sales, service and installation locations across North America, BrandFX,
Ruthmann, and Aspen Aerials each have their own established and highly successful distribution
networks as well. The contacts managing the RFP to fruition are employees of the firm.
16 If applicable, provide a detailed explanation outlining Not Applicable, however all units sold, and all service provided adhere to ANSI and OSHA guidelines.
the licenses and certifications that are both required to
be held, and actually held, by your organization
(including third parties and subcontractors that you use)
in pursuit of the business contemplated by this RFP.
17 Provide all "Suspension or Debarment' information that Does not Apply
has applied to your organization during the past ten
years.
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
Table 3:Industry Recognition&Marketplace Success
Line Question Response*
Item
18 Describe any relevant industry awards or recognition https:Hen.ruthmann.de/profile/awards
that your company has received in the past five years https://www.ruthmann.us/news/press-releases?page=l
https://versaliftinternational.com/versalift-nomi nated-for-prod uct-of-the-year/
While in Europe the companies often submit for awards, it is important to understand that Time
Manufacturing Company has global design teams that report to the VP of Engineering located in
Waco, TX. Additionally, the same award-winning engineering and designs are used on several
American and Canadian units.
Holding positions on the steering committees of various safety boards such as ANSI, the company is
a leader in innovation and safety. Our product design is constantly evolving to meet the changing
needs of decision makers across the industries we serve.
19 What percentage of your sales are to the As a private company, we do not reveal specific information regarding our customer base. However
governmental sector in the past three years several million dollars worth of sales were transacted during our 1st Sourcewell RFP award. Our
sales goals include materially improving these numbers throughout the next contract period.
20 What percentage of your sales are to the education As a private company, we do not reveal specific information regarding our customer base. However
sector in the past three years several million dollars worth of sales were transacted during our 1st Sourcewell RFP award. Our
sales goals include materially improving these numbers throughout the next contract period.
21 List any state, provincial, or cooperative purchasing As the manufacturer, we do not hold regional contracts. However we have hundreds of distributor-
contracts that you hold. What is the annual sales dealers with regional subject matter expertise that do hold these contracts.
volume for each of these contracts over the past three
years?
22 List any GSA contracts or Standing Offers and Supply GS-30E-019GA- This FSS contract for Automotive Parts & Products > Sustainment S&E, Automotive
Arrangements (SOSA) that you hold. What is the Parts & Products > Transportation and Logistics Services was awarded in FY2017 on July 13, 2017
annual sales volume for each of these contracts over to TIME MANUFACTURING COMPANY by Office of Travel, Transportation and Logistics Categories.
the past three years? There have been $1.5M in obligations to date with a ceiling value of$12M, showing a 13% burn
rate so far on the contract. The contract was not completed under any preference program with 999
offers received. We expect a 5 year duration with ultimate completion date of July 12, 2022.
2018 - $473,527.00
2019 - $231,043.00
2020 - $99,924.00
Table 4: Referencesrrestimonials
Line Item 23.Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name* Contact Name* Phone Number*
Clallum County PUD Terry Manning (360) 452-9771
REA Energy Bryon Roland (724) 349-4800
City of Mascoutah, IL Jesse Carlton (618) 566-2964
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
Table 5:Top Five Government or Education Customers
Line Item 24.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 I Province Scope of Work Size of Transactions" Dollar Volume Past Three
Years'
NA Government Connecticut-CT As a private company, we do not reveal As a private company, we do As a private company, we do
specific information regarding our not reveal specific information not reveal specific information
customer base. However several million regarding our customer base. regarding our customer base.
dollars worth of sales were transacted However several million dollars However several million dollars
during our 1st Sourcewell RFP award. worth of sales were transacted worth of sales were transacted
Our sales goals include materially during our 1st Sourcewell RFP during our 1st Sourcewell RFP
improving these numbers throughout the award. Our sales goals include award. Our sales goals
next contract period. materially improving these include materially improving
numbers throughout the next these numbers throughout the
contract period. next contract period.
NA Education Colorado-CO As a private company, we do not reveal As a private company, we do As a private company, we do
specific information regarding our not reveal specific information not reveal specific information
customer base. However several million regarding our customer base. regarding our customer base.
dollars worth of sales were transacted However several million dollars However several million dollars
during our 1st Sourcewell RFP award. worth of sales were transacted worth of sales were transacted
Our sales goals include materially during our 1st Sourcewell RFP during our 1st Sourcewell RFP
improving these numbers throughout the award. Our sales goals include award. Our sales goals
next contract period. materially improving these include materially improving
numbers throughout the next these numbers throughout the
contract period. next contract period.
NA Non-Profit California-CA As a private company, we do not reveal As a private company, we do As a private company, we do
specific information regarding our not reveal specific information not reveal specific information
customer base. However several million regarding our customer base. regarding our customer base.
dollars worth of sales were transacted However several million dollars However several million dollars
during our 1st Sourcewell RFP award. worth of sales were transacted worth of sales were transacted
Our sales goals include materially during our 1st Sourcewell RFP during our 1st Sourcewell RFP
improving these numbers throughout the award. Our sales goals include award. Our sales goals
next contract period. materially improving these include materially improving
numbers throughout the next these numbers throughout the
contract period. next contract period.
NA Government Alaska-AK As a private company, we do not reveal As a private company, we do As a private company, we do
specific information regarding our not reveal specific information not reveal specific information
customer base. However several million regarding our customer base. regarding our customer base.
dollars worth of sales were transacted However several million dollars However several million dollars
during our 1st Sourcewell RFP award. worth of sales were transacted worth of sales were transacted
Our sales goals include materially during our 1st Sourcewell RFP during our 1st Sourcewell RFP
improving these numbers throughout the award. Our sales goals include award. Our sales goals
next contract period. materially improving these include materially improving
numbers throughout the next these numbers throughout the
contract period. next contract period.
NA Government Alabama-AL As a private company, we do not reveal As a private company, we do As a private company, we do
specific information regarding our not reveal specific information not reveal specific information
customer base. However several million regarding our customer base. regarding our customer base.
dollars worth of sales were transacted However several million dollars However several million dollars
during our 1st Sourcewell RFP award. worth of sales were transacted worth of sales were transacted
Our sales goals include materially during our 1st Sourcewell RFP during our 1st Sourcewell RFP
improving these numbers throughout the award. Our sales goals include award. Our sales goals
next contract period. materially improving these include materially improving
numbers throughout the next these numbers throughout the
contract period. next contract period.
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 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 ill
25 Sales force. Time Manufacturing Company, which has grown to more than 2,000 employees, and includes the brands
Versalift, BrandFX, Aspen Aerials and Ruthmann. It has one of the largest North American sales forces
in the industry. This includes both inside sales representatives, who focus on strategic, municipal,
government, and national telecommunications accounts, and also regional sales managers, who focus on
managing our North American and international corporate-owned, and third-party distribution networks.
Our North American distributor network, many of whom have been partners for decades, have multiple
locations throughout the US and Canada. They have built long-term relationships with government
agencies, facilitators, municipalities and contractors. We believe that our strong relationships,
and "lowest true cost of ownership' value proposition are at the core of our customer support-focused
business.
26 Dealer network or other distribution methods. Our distributor networks in the United States and Canada include dozens of corporate-owned and
hundreds of partner companies that each have multiple locations. We strive to have multiple dealers in
every U.S. state and nationwide coverage in every part of Canada. Through this network, which is
closely-managed through a best-in-class technology consumer relationship management system, we
ensure immediate followup to inquiries with a check and balance system designed to understand
customer needs, account for any customizations, and ensure that this information is properly
communicated across the entire sales, and manufacturing team.
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
27 Service force. The distribution network includes aerial equipment upfitting, sales, parts, testing, maintenance,
troubleshooting and service at every location. Experienced, certified service technicians are available to
perform scheduled and unscheduled maintenance at each location. Additionally, mobile service
technicians are available throughout the US and Canada, with well-equipped trouble-trucks that can
service equipment on the worksite. One of Time Manufacturing Company's brands is TRL, which
provides Rental Fleets to our customers throughout the country. We rent equipment that spans the entire
lineup, to ensure that when our customers need to augment their owned-fleets to get the job done. We
have the ability to provide rental fleets where and when they need them.
We strive to always have parts in stock where they will be needed and have the ability to expedite
when needed to our entire coverage areas. In the case of Versalift customers, thousands of bucket
truck replacement parts and accessories are available through our online parts store located at
https://parts.versalift.com. These can be expedited and are shipped within 24 hours. Because every
product is unique, we require that our customers know the part number before ordering. While these
are found in the use manuals required by law to be kept in the vehicles, we also have staff available
to answer both parts and service questions at our 24/7 (866-LIFT-U-UP) hotline number.
28 Describe the ordering process. If orders will be Sourcewell customers have the opportunity of ordering equipment in many ways. Our websites provide
handled by distributors, dealers or others, explain the hundreds of leads monthly and are linked to a best in class Consumer Relationship Management
respective roles of the Proposer and others. (CRM) System that routes inquiries directly to a dealer in the customers region. This action takes just
seconds and copies of the inquiry go to our dealers and also to the Regional Sales Manager
responsible for that area. Additionally through the DEDICATED SOURCEWELL and GOVERNMENT
website pages, customers can reach the Sourcewell Contract Administration team directly.
https://versalift.com/government/ A dedicated resource will be assigned to chaperone the inquiry to
delivery. This will include the ability for customers to speak with sales, engineering, and procurement
associates that have deep familiarity with the use-cases for our equipment. When the order is placed
a customer will receive a login to our Global Partner Program, as we believe that customers should be
treated like Partners. This system will allow customers to explore all aspects of their purchasing
process. This includes who to call, units, purchased, and many additional tools that will be used
throughout the Iifecycle of the product.
29 Describe in detail the process and procedure of Customer Service requests at Versalift can be made several ways:
your customer service program, if applicable.
Include your response-time capabilities and • Directly contacting any one of numerous locations in every state through a Versalift Certified Service
commitments, as well as any incentives that help Center
your providers meet your stated service goals or Visiting versalift.com/service and submitting a request online 24 hours a day, 7 days a week
promises. Calling our toll free customer support center at 1-866-LIFT-U-UP from anywhere in the contiguous
United States
We have the ability to expedite, ship or transport parts to any service center within the country, in some
cases within the same day of request. Expedited shipping is also available. In the case of service-
only, we have technicians available from all of our locations who, upon agreement with the client, can
perform many operations, including repairs and part replacements, on site.
Customer Service requests at BrandFX Body Company can also be made in several ways. Customers
are able to contact their equipment distributors directly, to contact BrandFX directly by telephone, or to
fill out a service form on the contact page at https:HBrandFXbody.com/contact
Customer Service requests at Aspen Aerials can be made in several ways as well. With regard to
equipment service and support, the company offers an annual bridge inspection equipment service
school at its headquarters in Duluth, MN, where bridge inspection equipment repair technicians from
around the world gather to learn. Customers can submit a service request at any time through the
contact form at https:Haspenaerials.com/contact Additionally, the Aspen Aerials service and sales teams
are available during regular business hours at (toll-free) 800-888-2773.
At Time Manufacturing Company, once a call is received, a service ticket is issued on our customized
internal Consumer Relationship Management (CRM) system, and a resolution course of action is
established by appointing key personnel. All service contacts and leads are followed up on. Service
staff performance is measured on response-time, first-time-solution, and the number of hours to close-
out a ticket. Results of these tickets are shared with department heads in a REAL TIME manner.
Each service representative is tracked for speed and accuracy through the ticketing system and
challenging requests can be expedite immediately to the person in the organization best suited.
30 Describe your ability and willingness to provide your Time Manufacturing Company has a deep bench of dealers and authorized service providers throughout
products and services to Sourcewell participating the United States. The network includes dealers (both corporate and 3rd party), 250 approved service
entities in the United States. centers for Versalift products. BrandFX has over 240 dealers nationwide. All Aspen Aerials inquiries
are handled through our national service teams. Sourcewell contract sales training for all dealers is
provided through the companies website and via our, and headquarters in Waco, TX. The Ruthmann
brand has been popular in Europe for decades, and after the acquisition of Ruthmann including its
facilities in America, we are now able to bring a unique set of high reach products to the US market.
Time Manufacturing Company's websites include direct links to Government, Municipal, and Non-profit
alternatives, and as of 2018, we have had a dedicated resource to handle all inquiries, RFP's and
service requests. In addition a dedicated page with Sourcewell links is now available on all websites.
31 Describe your ability and willingness to provide your Time Manufacturing Company has a deep bench of dealers across Canada and recently acquired
products and services to Sourcewell participating Calco, our largest dealer with locations across the country to launch Versalift Canada. A press release
entities in Canada. describing the acquisition can be found here - https://www.prnewswire.com/news-releases/versalift-
acquires-calco-establishes-versalift-canada-301305642.html and in addition a dedicate Website providing
service can be found at Canada.versalift.com. Further BrandFX with its 25 dedicated dealers in Canada
offer Sourcewell engagements for the company. Sourcewell contract training for all dealers is provided
through the company's website and via dedicated resources in our headquarters in Waco, TX. The
Ruthmann brand has been popular in Europe for decades, and after the acquisition of Ruthmann
including its facilities in America, we are proud to bring a unique set of high reach products to
Canada. A recent delivery of a North america dedicate high reach product resulted in industry news
coverage here - https://www.liftandaccess.com/article/first-ruthmann-t-235-canada
Time Manufacturing Company's websites include direct links to Government, Municipal, and Non-profit
alternatives, and as of 2018, we have had a dedicated resource to handle all inquiries, RFP's and
service requests. In addition a dedicated page with Sourcewell links is now available on all websites.
32 Identify any geographic areas of the United States None, we have dedicated teams to service all areas.
or Canada that you will NOT be fully serving through
the proposed contract.
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
33 Identify any Sourcewell participating entity sectors None
(i.e., government, education, not-for-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?
34 Define any specific contract requirements or None, we have dedicated teams for these areas.
restrictions that would apply to our participating
entities in Hawaii and Alaska and in US Territories.
Table 7: Marketing Plan
Line Item Question Response
35 Describe your marketing strategy for promoting Time Manufacturing Company prides itself on its sales and marketing capabilities, as they are regionalized
this contract opportunity. Upload and organized to meet the needs of all of our customers. Sourcewell members vary in their size, structure
representative samples of your marketing and procurement strategy, and our team has been working to better understand and build marketing materials
materials (if applicable) in the document that address each of these members based on a stakeholder persona model. Time Manufacturing Company
upload section of your response. has built a dedicated web page for government resources at https://versalift.com/government, where Sourcewell
members can access the Government Services team, get additional information and use links that pertain to
them.
Sourcewell members can search for equipment by industry focus through an equipment menu, and search by
Fleet Application and several attributes, including working height. Additionally, equipment can be compared,
sorted and filtered at https://versalift.com/bucket-truck, using our custom-built bucket truck comparison tool.
There are several other ways to locate a distributor, including dedicated third parry distributor landing pages
and prominently located Dealer link at the top of every Time Manufacturing Company website, including
TimeMFG.com Versalift.com, BrandFXBody.com, AspenAerials.com, RuthmannReachmaster.com, TRLRents.com,
and UtilityTruckTrader.com
We have an experienced user experience (UX) team that has been working to make the Versalift, BrandFX,
Ruthmann, and Aspen Aerials websites the best in the industry. These websites enjoy success as Page 1
search results for over 100 keywords used to describe the product and industry applications of the company.
For example, this has led the Versalift website traffic to increase from less than 2,000 visits a month in 2017
to over 15,000 monthly visits in 2021. As a leader in providing knowledge, engineering application for the
electric utility, telecommunications, sign light and traffic, forestry, wind energy, and plane deicing industries, we
have worked hard to make the website easy to navigate and to provide a knowledge orientation for customer
seeking information. An advanced mega-menu system has been developed which provides fast access to all
industries including Government.
In addition, in order to make purchasing easier for Sourcewell members, website viewers they can search
Versalift equipment by product type rather than application, as RFPs are often written with this language.
Because Time Manufacturing Company is focused on providing Sourcewell Members with exactly the right
choice of product to meet their needs, we have made available on our website all specifications, as well as
links to contact engineering, to ensure that the buying process is simple, straightforward, and efficient.
Examples include:
Versalift's popular 45 foot Articulated Telescopic Insulated Aerial lift:
https:/tversalift.com/bucket-truck/vst-40-i/
Ruthmann Steiger 295ft high Reach Aerial Lift
https://ruthmanreach.wpengine.com/ruth mann-models/ruthmann-t-295a/
BrandFX has a dedicated Government Website which discusses in detail the advantages of using advanced
lightweight composite materials to save fuel and reduce a carbon footprint.
https://brandfxbody.com/industry/municipal-government/
ADVERTISING IN INDUSTRY JOURNALS - Our products are designed to deliver a complete solution, and
often multiple units are designed to be used as part of a crew. We often market in this manner through
email, advertising, and by promoting them through our network of websites. For example, advertisements are
shown in industry quarterly periodicals.
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
36 Describe your use of technology and digital With a strong digital presence across its portfolio of brands, Time Manufacturing Company has a network of
data (e.g., social media, metadata usage) to websites that are used in support of sales, service, parts support, warranty claims management, and
enhance marketing effectiveness. equipment training. We have deep, communication-oriented content throughout the site and regularly update
our blog pages in order to share valuable information with our customers. We track all website behavior
using established best practices designed by Google Analytics. We maintain a highly active network and
update our social media daily, with dedicated social media coordinators who are responsible for sharing
valuable detailed information with our followers.
Our websites are content-driven, built in the world-class Wordpress Foundation, and we have a dedicated
team of experts who have custom-coded the site for optimal performance on desktop, laptop, tablet, and
mobile devices. Using only clean, necessary coding, the sites experience super fast load times that are
additionally benefited from cache servers on a top tier hosting facility.
Website analytics are examined bimonthly for audience, behavior, lead generation, and product engagement.
This information is reported in a virtual Policy Meeting which includes all department heads. We use website
activity as an indicator of interest in products and services. This allows the company to better understand
customer behavior and also efficiently predict needs for supply chain and human operations. Google analytics
are reported and added to a company-wide Dashboard which is accessible to all division heads, managers,
and decision-making associates.
Linked to the websites are a top tier E-commerce store and Time Manufacturing Company world-class
Customer Relationship Management (CRM) System that is used to track and personalize all client
communications. This allows the company to quickly understand and sort client needs, view previous orders,
and quickly route questions to dedicated associates. In support of our customers, we have developed a
Global Partner Program Portal which allows any customer to login from any device anywhere in the country to
find part-lists, order parts, track service dates, and schedule service based on unit serial numbers. This
program is a best-in-class, value-added service that comes standard for every Sourcewell customer purchase.
37 In your view, what is Sourcewell's role in In our view, Sourcewell's role in promoting contracts arising from this RFP is limited to presenting the
promoting contracts arising out of this RFP? opportunity to its membership and updating contact information to the Time Manufacturing Company Dedicated
How will you integrate a Sourcewell-awarded Sourcewell Liaison. We are aware that Sourcewell members are not obligated to purchase, and we are
contract into your sales process? confident in our ability to deliver the best equipment, service, training and replacement parts to all Sourcewell
member organizations. Sourcewell-awarded contracts will be managed by a dedicated Sourcewell liaison,
who will integrate contracts into the company's production cycle. Tools for order tracking and customer
relationship management accessible to the Sourcewell Liaison will ensure that Sourcewell members receive
the best quality service available.
Time Manufacturing Company has regularly scheduled meetings with both its internal sales, marketing, and
sales support staff, as well as monthly meetings with distribution partners. When awarded the Sourcewell
contact we will execute upon a 3 phase rollout program across the country.
Sourcewell Sales Meetings
Our company has dedicated Regional Sales Managers (RSMs) that are responsible for territorial distribution
partners. These RSMs regularly visit with Distributors in their territories and can call a meeting of a
distributor's sales staff in order to relay important information, such as the awarding of a Sourcewell member
contract, as needed. In this meeting, which will include the Sourcewell member liaison, contact information,
pricing information and access to configurations will be shared. Additional documentation will be made readily
available to all pertinent sales teams with our distribution network.
Dedicated Sourcewell Website
Upon clicking on the link on the Sourcewell website, qualified customers will be able to access a secure
website designed to facilitate fast access to general pricing, request for quote, access to designated parts
and service locations. The Versalift salesforce will have direct access to pricing and other relevant details.
Integrated Marketing
Time Manufacturing Company brands will launch a term-wide marketing program that will include social media,
email, and print collateral that can be shared internally as well as with Sourcewell members.
38 Are your products or services available Because our products have many optional features designed to meet specific customer needs, initial orders
through an e-procurement ordering process? If should be placed directly through members of the sales team. However, parts and service, and several other
so, describe your e-procurement system and benefits, can be accessed through our Global Partner Program (described above), a proprietary, web-based
how governmental and educational customers client service portal. Initially launched to serve only our largest strategic accounts, Global Partner Program is
have used it. now available to all customers who purchase equipment through the Sourcewell Contract.
Table 8:Value-Added Attributes
Line Item Question Response'
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
39 Describe any product, equipment, According to ANSI A92.2, Section 10.2, all aerial lift operators must be trained, familiarized, and authorized to
maintenance, or operator training use the aerial lift on which they operate. The Versalift training offering is designed to familiarize learners with
programs that you offer to Sourcewell ANSI safety guidelines and key operational features of the aerial lift.
participating entities. Include details, such
as whether training is standard or An initial in-service training is included with the purchase of the aerial unit and will be administered at the time
optional, who provides training, and any the aerial is delivered. Additional training options are available and can be customized, as needed, to the
costs that apply. user and the aerial unit.
These options include:
Instructor-led service technician training: Classes typically last 2 days, are model-specific, and class size is
limited to 12 people. The class will be facilitated by a Versalift qualified instructor. The facilitator will familiarize
learners with the contents of the Operator Manual. The class is built around the ANSI A92.2 standard and
focuses on safety when working on or around an aerial lift, lift operation, maintenance procedures and
adjustments, troubleshooting techniques, and emergency retrieval procedures. This class requires access to the
aerial lift.
Self paced e-learning: This class is accessible by any internet compatible device. Online courses take
approximately 1 to 1-1/2 hours to complete. It has been developed and tested by Versalift. Each section of
the course is linked to a specific section of the ANSI A92.2 guidelines, allowing for analysis of the learner's
grasp of core concepts before final authorization to operate is granted. Learners may complete the course in
one sitting or over a period of time, as the Learning Management System (LMS)will track and save the
learner's progress throughout the course. Tracking of assessments and course completion is stored in a
secure LMS and accessible at any time.
Online and in person operational training classes are now available for every product that we manufacture.
Versalift also offers maintenance training classes on an as-needed basis.
Online Training for Aerial Lift Operation at Versalift
Versalift offers online aerial lift training for operation by a suite of digital and online learning tools focused
specifically on the safe operation of Versalift vehicle-mounted aerial lifts. The goal of Versalift Aerial Lift Training
interactive training programs is to ensure operator safety and to support a perfect safety record, while
reinforcing the operator behaviors that extend the useful working life of the aerial lifts themselves. Those
operators and technicians who complete Versalift Aerial Lift Training training courses are trained to be safety
advocates. https://versalift.com/aerial-lift-training/
Bridge Inspection Equipment Service School at Aspen Aerials
Bridge inspection school at Aspen Aerials is an annual opportunity for bridge inspection engineers and
technicians to benefit from classroom training, hands-on maintenance training, safe equipment setup and
operation andANSI A92.8 Safety review. Aspen Aerials is the market leader in North American bridge
inspection equipment, and is attended by professionals from across North America.
40 Describe any technological advances that Versalift, BrandFX, Aspen Aerials, Ruthmann and BlueLine are each Time Manufacturing Company brands that
your proposed products or services offer. are innovation and engineering leaders. Versalift has several innovative new product offerings that simplify
decision making and task completion for technicians on the job. For example, new Versalift bucket trucks for
5G installation feature climate controlled splicing cabins that enable technicians to work long hours. BrandFX
has innovated in designing a truck body that is made from 100% composite material, and is the lightest
commercial truck body available in North America. Ruthmann
Advanced Safety Isolation Systems -Versalift Electroguard and TruGuard®safety systems combine to offer the
safest telescopic insulated aerial units on the market, at any height and position, including fully retracted.
SlopeMax is a brand new engineering innovation that allows technicians to work in safer conditions without the
need to constantly check slope angle indicators. SlopeMax is a passive operating system that will measure the
slope angle of the surface and boom, and limit the horizontal reach via the lower boom function when
necessary. It is a great example of the culture of innovation and safety at Time Manufacturing Company, and
allows the firm to maintain compliance with soon-to-be released ANSI standards for safe operation.
SlopeMax-Technical Explanation
A system of angular sensors located to measure the aerial base angle and lower boom angle relative to
horizontal. The system limits the operating envelope depending on the aerial lift base angle. With the base
angle within 5 degrees (or predetermined angle depending on aerial lift model) of horizontal, the aerial lift is
allowed to operate to its full envelope range. When the base angle exceeds 5 degrees (or predetermined angle
depending on aerial lift model) above horizontal, the structural, functional, and overturning stability limits may be
exceeded when the lift platform is at a maximum horizontal position. To prevent this the lower boom maximum
raised position is limited, which will reduce the horizontal position and thus reduce loading due to horizontal
position below the aerial lift maximum load limits. If the base angle exceeds a maximum-operating angle, the
lower boom raise (elevate) function will be disabled and not allowed to raise from its stowed position. The
sensors are part of a control system that will control the hydraulic limit of the lower boom.
Quality Assurance Checkpoints -Torque striping is an extra step taken to ensure the quality of Versalift
equipment. All critical bolts are torque seal marked, which allows lift operators to efficiently conduct daily visual
inspections. Additionally, every critical pin on the bucket truck and lift assembly has a redundant pin-set, which
is then torque striped.
Special Innovations -Versalift, Ruthmann, and Aspen Aerials have innovations that have evolved from decades
of feedback from customers. Too numerous to illustrate in details here, just some of these includes specialized
cockpit controls (fy by wire, metal handles, emergency stop features, bluetooth controls, secondary (on ground
controls), remote controls, etc), stability technologies such as multiple types of outriggers with the capability to
short-jack as needed on some of the larger units. BrandFX has hundreds of design variables to meet the
needs of any fleet customer with a custom-designed mold that decreases weight, increases strength, and
creates the most durable products in the industry. Aspen Aerial uses a proprietary design to allow for bridge
inspection without the need for outriggers which impede traffic and damage bridge surfaces. In addition,
multiple basket-designs and multiple reach machines with multiple booms allow their series of bridge inspection
equipment to be outfitted for any job.
41 Describe any "green" initiatives that relate Environmental Policy Statement-Time Manufacturing Company
to your company or to your products or At Time Manufacturing Company we will conduct our business in ways that responsibly sustain, protect and
services, and include a list of the preserve the natural environment.
certifying agency for each.
Time Manufacturing is committed to a goal of zero environmental occurrences in our operations.
We will accomplish this goal by:
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
Ensuring the proper disposal of chemicals and waste
Proactively reducing, reusing and recycling of waste
Using resources, including energy and water, efficiently
Educating employees on plant environmental mitigation
Complying with all environmental regulations
Time Manufacturing Company Environmental Programs Include:
Accidental Chemical Spills Management and Response
Non RCRA Regulated & Universal Waste Management
Wastewater Monitoring and Testing Program
Storm Water Pollution Prevention (SWPP) Program
Spill Prevention Control and Countermeasure (SPCC) Program
Biodegradable Hydraulic Oil is Always an Available Option at Versalift
As a hydraulic systems manufacturer, Versalift works with the nation's top supplier of environmentally friendly
hydraulic fluid. The oil is biodegradable, which reduces some of the unintended impacts of accidental leakage.
As of 2019, every Versalift bucket truck in the North American market is available with Versalift's proprietary
green oil. Learn more about Versalift green initiatives at https://versalift.com/green-initiatives/
Product Carbon Footprint
"Time Manufacturing is doing everything possible to provide products that have a carbon neutral footprint like
lightweight truck bodies, the ePTO and electric/hybrid chassis. We have equipment that is designed and
developed to maintain wind energy generators, something that is important to reduce our carbon footprint. It is
important for our company to support that type of industry to be carbon neutral to protect our planet. Because
it's not just for us. There are other generations coming along, and we have to think about that." James
Christian, VP Engineering
Improved First Time Quality is Waste Reduction
According to the United States Environmental Protection Agency, one of the most effective ways to optimize the
carbon footprint of a manufacturing company is to improve the first time quality of the output. Improved first
time quality drives the overall level of waste downward, which reduces input costs. According to the EPA note
on sustainability, companies that improve their operational efficiency by reducing waste are building long-term
business viability and success.
The Strong Business Case for Sustainability
By building a business case for sustainability, the EPA shows that reducing waste is a highly profitable way to
respond to regulatory constraints, while at the same time accessing new customers, strengthening the brand,
building public trust, and being well-positioned to respond to any new opportunities that might increase its
competitive advantage. - https:Hepa.gov/sustainability/sustainable-manufacturing
Opportunities in Clean Technology/Renewable Energy
Time Manufacturing Company Lightweights Units to Improve Safety and Efficiency
Fleets Can Do More Than Go Hybrid - Lightweighting Makes an Impact
The U.S. Department of Energy states that for every 100 pounds of weight added to a vehicle, MPG is
reduced by up to 2 percent. Conversely, by reducing vehicle weight, MPG is increased, saving fleets money.
Many fleets are going green by incorporating hybrid and CNG trucks, but they shouldn't stop there. By
incorporating lightweight composite truck bodies, fleets will continue to see improved return on investment.
BrandFX - Fiberglass Division - Advanced Composite Materials
BrandFX advanced composite truck bodies allow fleets to downsize the weight of their equipment with minimal
impact on payload. That means thousands of dollars in bottom line life cycle savings per fleet unit. Data
suggests that by taking advantage of truck rightsizing, alternative fuels and lightweight materials, fleets can
accomplish up to 50% fuel savings as well. Lightweight, long-lasting truck bodies have lower emissions and
lower maintenance costs.
BrandFX manufactures truck bodies from advanced composite materials which prove not only to be lighter than
steel, stronger than aluminum, but also have enumerable environmental advantages by being lightweight. Many
of the truck body units sold are transferred to new chassis and many are seen in operation more than 30
years after their purchase date. Time Manufacturing Company's acquisition of BrandFX enabled resources to
extend manufacturing to include buckets and booms.
Versalift ePTO Systems Reduce Environmental Impact
Versalift Provides Power Source Solutions
Versalift creates aerial lift equipment with the future in mind. The solution for how to run multiple mechanical
systems using one vehicle's power source has been in development by Versalift for decades. Versalift offers
their customers Electric DriveT"".
Electric Driver"" Saves Fuel and Improves Efficiency
Versalift delivers the highest levels of safety, quality and reliability to its customers every day. The cost savings
and reduced environmental impact that can be found within the Versalift Green Initiative represent another way
the company delivers value to its customers.
Electric DriveTM offers fleet managers a way to save fuel and improve efficiency by powering the lift and other
functional systems of a bucket truck without running its engine.
Electric Driver"" Advantages
Electric DriveTM operates during aerial run time and includes features like full flow for hydraulic tool circuit
operation, battery recharge of existing truck alternator, and full power-to-tool circuit operation. During its nearly
40 years of field operation, Electric Driver"" has been extensively tested and proven to create significant
savings on fleet fuel costs. With Electric Driver"", fleets can eliminate idle time, spend less money on fuel,
stop contributing to noise pollution, decrease the amount of emissions from your truck, eliminate tailpipe
emissions while working at the site, minimize impact on payload and reduce maintenance costs.
Ruthmann, a Time Manufacturing Company Brand, a Leader in Wind Energy Blade Maintenance
The United States Increases Wind Energy Initiatives
Wind generated electricity now accounts for approximately 8.5% of total output in the United States, and
approximately 45% of sustainably generated electric power. Electric power generated by wind is remarkably
inexpensive to produce once the infrastructure is in place. The states of Texas and Oklahoma, which are
perhaps best known as big oil states, also happen to be the nation's leaders in wind-generated electricity. This
is not an accident: wind-generated electricity is currently the most efficient application of renewable energy
generation. The most effective and efficient way to service and maintain wind turbines is through the use of
high access work platforms reaching in excess of 200 feet.
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
Ruthmann, a Time Manufacturing brand, Supports the Wind Energy Industry
High access work platforms are an integral part of wind energy installation, maintenance and repair. Ruthmann
high access work platforms are a wind energy industry leader and directly contribute to how wind energy will
succeed in generating greater amounts of electric power.
Principally through Ruthmann, but also through its other high reach brands, Time Manufacturing Company
supports the wind-powered electricity generation and wind farm maintenance industries in the United States, and
around the world, deploying wind-turbine blade maintenance units to organizations across Europe, Africa, Asia
and South America.
Safer and More Reliable Wind Energy Production with Ruthmann Equipment
Internationally, Ruthmann is known for its high reach innovations designed to support the wind energy industry.
Ruthmann engineers design units with enormous reach on relatively lightweight work platforms. At heights
commonly exceeding 200 feet, these units are capable of remaining highly stable at full working height and
load in windy conditions, ensuring efficiency and safety of wind energy technicians. Ruthmann high access
work platforms stow quickly, designed to return to their stowed traveling position in minutes. Exceeding dielectric
testing of ANSI and OSHA, they offer the highest quality of safety for effective installation, blade/turbine
maintenance, repair and inspection of wind turbines and blades.
42 Identify any third-party issued eco-labels, Not Applicable
ratings or certifications that 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.
43 Describe any Women or Minority Not Applicable
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.
44 What unique attributes does your Time Manufacturing Company brands offer a complete solution to Sourcewell members in our family of utility
company, your products, or your services vehicles and equipment- bucket trucks, high access aerials, compact aerials, service trucks, cable placers and
offer to Sourcewell participating entities? digger derricks. We support our customers by providing a complete fleet solution through hundreds of locations
What makes your proposed solutions across North America. This complete fleet solution includes sales, service, pans, equipment testing, onsite and
unique in your industry as it applies to virtual training, equipment financing, warranty service, used equipment and short term rental solutions.
Sourcewell participating entities?
Since the company has bath manufacturer-owned, and also 3rd party distributors, service centers, and parts
suppliers, we can provide Sourcewell members with everything that they need to keep our products in service,
on the jobsite, and performing the work that they were designed to do. In addition, since Time Manufacturing
Company provides Sourcewell with a dedicated liaison, we can ensure that Sourcewell members will know who
to contact and where to find answers.
Having multiple brands across multiple industries allows Time Manufacturing Company the unique ability to
employ economies of scale to achieve more competitive supply chain function. As a large organization with
manufacturing facilities on several continents, we can leverage internal teams to help meet demand, even when
global forces make this difficult for the industry.
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 Item Question Response*
45 Do your warranties cover all products, parts, and labor? All products are covered (parts and labor) for a period of one year from the date of service.
In addition, longer term warranties are available for an additional charge. Warranties are
valid throughout the term, can be extended for additional periods, and can be serviced
through any of our manufacturer-awned, or 3rd party distribution partners in every state.
46 Do your warranties impose usage restrictions or other The only limitations of warranty coverage is abuse of the equipment or failure to adhere to
limitations that adversely affect coverage? the periodic maintenance schedule.
47 Do your warranties cover the expense of technicians' travel Yes. Travel is covered for a period of thirty (30) days.
time and mileage to perform warranty repairs?
48 Are there any geographic regions of the United States or All geographic areas in the U.S. are covered. Sourcewell members will be able to access
Canada (as applicable)for which you cannot provide a certified technicians to perform warranty repairs, as Time Manufacturing Company distributors
certified technician to perform warranty repairs? Haw will cover the entire United States and Canada.
Sourcewell participating entities in these regions be provided
service for warranty repair?
49 Will you cover warranty service for items made by other Time Manufacturing Company covers and manages all warranty claims for components used
manufacturers that are part of your proposal, or are these in the assembly of our equipment. During the warranty periods, our team covers all items.
warranties issues typically passed an to the original
equipment manufacturer?
50 What are your proposed exchange and return programs and While we do not have an exchange program, the return policy is thirty (30) days from date
policies? of sale. Warrantied parts can be returned via RMA for credit. Electronic components are not
available for return due to their sensitive nature. Our company's products are known for their
reliability and longevity. This in turn gives them a better than average retained value as they
age. We recommend that unit should be traded in towards a new product at planned
intervals and have our Utility Truck Trader brand to facilitate this.
51 Describe any service contract options for the items included Two extended warranty periods are available
n your proposal.
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
Table 10: Payment Terms and Financing Options
Line Item Question Response'
52 Describe your payment terms and accepted payment NET 30
methods? Time Manufacturing Company facilitates multiple payment, financing, flexible leasing, and transfer options with a
dedicated Versalift Capital division with dedicated staff to help facilities purchase and payment through
disposition. More information is available at https://versalift.com/capital
53 Describe any leasing or financing options available for YES, details and contact information can be found at https://versalift.com/versalift-capital/
use by educational or governmental entities.
Versalift Capital offers industry knowledge, responsiveness and personal service to fleet and contractor
customers across North America. We can offer competitive financing options because we know our equipment,
its durability, and its residual value better than anyone else. We have extremely competitive programs for the
single lift buyer, a private or investor owned utility or a municipality with hundreds in their fleet.
We offer Operating (Fair Market Value) Leases which are based on a residual purchase option at the end of
the lease. This allows you to structure your lease for the period of time you will need to use the equipment
and decide at the end if you want to buy it or walk away. Operating lease programs are also available with
a fixed price Early Buyout Option (EBO).
Capital ($1 out) Leases are very similar to a traditional loan, in that you finance the cost of the purchase over
time with a resulting final payment of$1 which then transfers ownership. The advantage of Capital Leases
over Purchase Financing is in regard to the rules of ownership whereby Capital leases remain operation
expenses from an accounting standpoint throughout the length of the lease.
Terminal Rental Adjustment Clause (TRAC) Leases combine all of the advantages of leasing while retaining an
option to buy out the equipment at the end of the lease at an agreed upon residual value. This is particularly
attractive with Versalift High Reach equipment as they have been known to remain in service for over 30 years
54 Describe any standard transaction documents that you Sourcewell member purchase orders will be processed directly through Versalift (Time Manufacturing Company)
propose to use in connection with an awarded contract only. Upon receipt of purchase orders, they are stamped and identified as "SOURCEWELL", therefore all
(order forms, terms and conditions, service level processes including order entry, installation, invoicing, etc. are referenced to Sourcewell. During invoicing,
agreements, etc.). Upload a sample of each (as Accounting documents each sale to a Sourcewell account, which generates total sales along with Sourcewell
applicable) in the document upload section of your administrative fees calculated for quarterly reporting.
response.
55 Do you accept the P-card procurement and payment Yes we accept P-cards
process? If so, is there any additional cost to
Sourcewell participating entities for using this process?
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 described in the RFP,the template Contract,and the Sourcewell Price and Product Change Request Form.
Line Question 1111111111111111111111
e'
Item
56 Describe your pricing model (e.g., line-item discounts or product-category See attached price spreadsheet.
discounts). Provide detailed pricing data (including standard or list
pricing and the Sourcewell discounted price) on all of the items that you
want 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.
57 Quantify the pricing discount represented by the pricing proposal in this Base pricing reflects a 30% percentage discount off our standard price of the
response. For example, if the pricing in your response represents a aerial portion only. Accessory pricing reflects a 15% discount off standard prices.
percentage discount from MSRP or list, state the percentage or
percentage range.
58 Describe any quantity or volume discounts or rebate programs that you Quantity Discounts:
offer. 2 to 4 -1
5to 10 -2%
11 to 20 - 3%
21 plus —4
59 Propose a method of facilitating "sourced" products or related services, Open market items requested by the Sourcewell member will be included in the
which may be referred to as 'open market' items or "nonstandard quote and identified as "Open market Item."
options". For example, you may supply such items "at cost' or "at cost
plus a percentage," or you may supply a quote for each such request.
60 Identify any element of the total cost of acquisition that is NOT included NONE
in the pricing submitted with your response. This includes all additional
charges associated with a purchase that are not directly identified as
freight or shipping charges. For example, list costs for items like pre-
delivery inspection, installation, set up, mandatory training, or initial
inspection. Identify any parties that impose such costs and their
relationship to the Proposer.
61 If freight, delivery, or shipping is an additional cost to the Sourcewell All Sourcewell sales are FOB our installation locations. (See Distributor Map)
participating entity, describe in detail the complete freight, shipping, and Because these installation locations are positioned throughout the country and
delivery program. Canada, delivery costs are kept at a minimum to the Sourcewell member. Delivery
freight will be quoted from these locations to the end user at a rate of$2.27 per
mile. All deliveries are set up by Company or arranged through our install
distributor.
62 Specifically describe freight, shipping, and delivery terms or programs In addition to shipping process above in Item 61, any additional off shore freight
available for Alaska, Hawaii, Canada, or any offshore delivery. charges to the nearest port will be quoted to the Sourcewell member during the
quoting process.
63 Describe any unique distribution and/or delivery methods or options All Sourcewell sales are FOB our installation locations. (See Distributor Map)
offered in your proposal. Because these installation locations are positioned throughout the country and
Canada, delivery costs are kept at a minimum to the NJPA member.
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
Table 12: Pricing Offered
Line The Pricing Offered in this Proposal is— Comments
Item
64 c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments. Sourcewell members receive a
significant discount when compared
to our typical customers.
Table 13:Audit and Administrative Fee
Item Line Question Response
65 Specifically describe any self-audit process or program that you plan to employ A Sourcewell work procedure form was developed to self audit each
to verify compliance with your proposed Contract with Sourcewell. This process NJPA order from receipt of purchase order to filing NJPA administration
includes ensuring that Sourcewell participating entities obtain the proper pricing, fee. Each individual form will be included in the job file.
that the Vendor reports all sales under the Contract each quarter, and that the
Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail
to support your ability to report quarterly sales to Sourcewell as described in the
Contract template.
66 If you are awarded a contract, provide a few examples of internal metrics that All information regarding customers, products, service, warranty claims, and
will be tracked to measure whether you are having success with the contract. customer satisfaction are recorded for all customer of Time Manufacturing
Company. This information is shared through our internal dashboarding
system and transparently shown to all stakeholders relevant to the sale.
67 Identify a proposed administrative fee that you will pay to Sourcewell for A 2% administrative fee will be paid to Sourcewell calculated on sales
facilitating, managing, and promoting the Sourcewell Contract in the event that under this contract.
you are awarded a Contract. This fee 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 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line Question Response'
Item
68 Provide a detailed description of the equipment, A Portfolio of Innovation
products, and services that you are offering in your
proposal. Time Manufacturing Company has a portfolio of industry-leading brands that are all known for their
innovative products.
• Versalift provides state-of-the-art lightweight, durable aerial lifts from 29 to 180 feet. Additionally, the
company manufactures digger derricks, cable placers, high reach aerials and provides service
coverage across the United States and Canada.
• BrandFX provides lightweight, advanced composite truck Line & Service truck bodies that improve
payload capacity, improve fuel efficiency and reduce wear on basic systems such as brakes and
suspension. Additionally, the company offers a full suite of Topper and Tonneau covers that improve
function and security for lightweight commercial vehicles. The vertically integrated company also
manufactures Booms and Buckets.
• Aspen Aerials is the leading North American manufacturer of bridge inspection equipment.
Headquartered in Duluth, MN, the company provides innovative bridge inspection equipment that can
found in every US State, and hosts a popular service and operation school for its equipment.
• Ruthmann is a leading manufacturer of aerial lifts in Europe and now available in North America.
The company's innovative product line includes the most capable high reach aerial work platforms at
90 meters in North America. Ruthmann high access aerial lifts are used to service wind turbines and
blades.
Time Manufacturing Company websites are organized to help you quickly obtain detailed information
an each family of products including spec sheets and contact information. The flagship websites can
be found at:
https://versalift.com/
https:Hbrandfxbody.com/
https://www.ruth man nreachmaster.com/
https:Haspenaerials.com/
69 Within this RFP category there may be subcategories Versalift- Aerial Lifts With a Lower True Cost of Ownership
of solutions. List subcategory titles that best describe
your products and services. Versalift provides fleets with lower true cost of ownership through smarter and more reliable design.
Through the use of stronger, lightweight materials, Versalift equipment is safer and more reliable, while
being easier to maintain. (Sustainability, p.7)
Versalift End Markets
Telecommunications Construction & Maintenance
Electric Utility Distribution and Transmission Construction & Maintenance
Forestry, Line Clearing, Tree care
Gas, Oil, and Mining Inspection
Sign, Light & Signal Maintenance
Residential & Commercial Services Fleet and Building Maintenance
Wind Turbine Blade Maintenance
Other Construction Applications
BrandFX Advanced Composite - Fiberglass Division
Brand FX was acquired by Time Manufacturing Company in 2019. As a vertically integrated fiberglass
division manufacturing advanced lightweight composite Bodies, Boom, and Buckets for the Line and
Service Worktrucks. BrandFX sells to both internal Versalift and also external OEM and retail fleet end-
markets.
Telecommunications
Construction
Roadside Mechanics
Agriculture
Electric Utility
Forestry, Line Clearing, Tree care
Gas, Oil, and Water Utilities
Sign, Light & Signal Maintenance
HVAC and Plumbing
Pest Control
Commercial Fleets
Aspen Aerials Supports Industries that Strengthen our Infrastructure
Aspen Aerials provides world-class bridge inspection equipment to bridge engineering and inspection
companies and government entities in the United States and Europe. Recent infrastructure and public
safety legislation will ensure the improvement and maintenance of more than 45,000 American bridges.
Aspen Aerials, a Time Manufacturing Company brand, is growing its capacity to meet significant
demand for bridge inspection and repair services across the United States.
Ruthmann - European Manufacturer Of Aerial Work Platforms
Ruthmann goes to market under the brands Ruthmann, Steiger, Ecoline, and Bluelift. The company's
line of aerial lift devices expand Time Manufacturing Company's offering to include Wind Turbine Blade
Maintenance business in North America as well as support the many specialized access needs of
telecommunications, electric utility and other essential end customers around the world. The Blueline,
JIBBI, and BIBBI products are also used for building maintenance activities.
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
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 Item Category or Type Offered Comments
70 Telescopic, articulated, mast, and boom, aerial lifts, towers, r Yes Complete fleet solutions are available
buckets, and platforms r No
71 Digger derricks, and cable placing, pulling, and tensioning r Yes Complete fleet solutions are available
equipment t' No
72 Directional drills, trenchless excavation equipment, thrust and t'Yes NA
boring machines, soil piercing tools, trenchers, rock wheels, r No
and pile drivers
73 Utility locating equipment t Yes NA
r No
74 Accessories, supplies, replacement or wear parts, and G Yes Complete fleet solutions are available
services related to the offering of equipment in Lines 69-72 r No
Table 15: Exceptions to Terms,Conditions,or Specifications Form
Line Item 75.NOTICE:To identify any exception,or to request any modification,to the Sourcewell template Contract terms,conditions,or specifications,a
Proposer must submit the exception or requested modification on the Exceptions to Terms,Conditions,or Specifications Form immediately below.The contract
section,the specific text addressed by the exception or requested modification,and the proposed modification must be identified in detail.Proposer's exceptions and
proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.
Contract Section Term,Condition,or Specification Exception or Proposed Modification
Documents
Ensure your submission document(s)conforms to the following:
1.Documents in PDF format are preferred.Documents in Word,Excel,or compatible formats may also be provided.
2.Documents should NOT have a security password,as Sourcewell may not be able to open the file.It is your sole responsibility to ensure that the uploaded
document(s)are not either defective,corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3.Sourcewell may reject any response where any document(s)cannot be opened and viewed by Sourcewell.
4.If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file.If the zipped file contains more than
one(1)document, ensure each document is named,in relation to the submission format item responding to.For example,if responding to the Marketing Plan
category save the document as"Marketing Plan."
• Pricing-2022 Sourcewell Price List.xlsx-Wednesday November 03,2021 13:04:49
• Financial Strength and Stability-FS-Time Manufacturing-12-31-20-Final.pdf-Wednesday November 03,2021 13:05:07
• Marketing Plan/Samples-Sourcewell RFP 2021 -Marketing&Training Plan-TIME MANUFACTURING COMPANY.pdf-Tuesday November 02,2021
14:41:32
• WMBE/MBE/SBE or Related Certificates (optional)
• Warranty Information-STANDARD Warranty Statement.pdf-Wednesday November 03,2021 13:05:23
• Standard Transaction Document Samples-Sourcewell Sales Order Acknowledgement.pdf-Wednesday November 03,2021 14:56:00
• Upload Additional Document-Certificate of Insurance.pdf-Wednesday November 03,2021 14:32:08
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
Addenda,Terms and Conditions
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:
1. 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_gov/ofac/downloads/sdniist.pdf;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at:https://sam.00v/SAM/;or
3. 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. - Stan Tomchesson,
Government Contracts Sales Coordinator,Time Manufacturing Company
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.
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
DocuSign Envelope ID: F1 BD155E-1538-46C4-8E6A-59ED8D364F37
Check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda.
have reviewed the
File Name below addendum and Pages
attachments(if
applicable)
Addendum_4_Public_Utility_Equipment_RFP_110421 rw 2
Thu October 14 2021 04:33 PM
Addendum_3_Public_Utility_Equipment_RFP_110421 1
Mon September 27 2021 05:28 PM
Addendum_2_Public_Utility_Equipment_RFP_110421rw
1
Fri September 24 2021 03:55 PM
Addendum_i_Public_Utility_Equipment_RFP_110421 1
Mon September 20 2021 02:54 PM
Bid Number: RFP 110421 Vendor Name: Time Manufacturing Company
EXHIBIT D
CONFLICT OF INTEREST QUESTIONNAIRE
(Pages Follow)
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
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.
1 Name of vendor who has a business relationship with local governmental entity.
A4WO,CA- C70eIN& CO. Z V15eVAV-1-C!r 9DIrl-4,1411!�Sr
❑ 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.
Name of Officer
4 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
CIQ as necessary.
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 F5:�] 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 F52-1 No
-5J 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.
s
❑ 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
ignature ol/y6ndor doing business with the governmental entity DaJe
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.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) Avendor 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 1/1/2021
11/21/22, 10:40 AM M&C Review
Official site of the City of Fort Worth,Texas
WoRym
CITY COUNCIL AGENDA FoR
Create New From This M&C
DATE: 10/25/2022 REFERENCE **M&C 22- LOG NAME: 21 F - 550 BUCKET TRUCKS
NO.: 0875 PMD ADK
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. (ALL) Authorize the Purchase of 11 F-550 Bucket Trucks from Time Manufacturing
Company in an Amount Up to $2,261,457.00 Using the Sourcewell Purchasing Contract
No. N-23428 for the Transportation and Public Works Department
RECOMMENDATION:
It is recommended that the City Council authorize the purchase of 11 F-550 bucket trucks from Time
Manufacturing Company in an amount up to $2,261,457.00 using the Sourcewell Cooperative
Purchasing Contract No. N-23428 for the Transportation and Public Works Department.
DISCUSSION:
The Transportation and Public Works Department approached the Property Management Department
with the intent to replace older trucks that have been deemed no longer economically feasible to
maintain. The allocation of vehicles is as follows: 11 F-550 with Aerial lifts (bucket trucks) will be used
for the repair and maintenance of the City's street lights. The requested trucks allow the technician to
reach street lights and/or traffic lights for repairs and are designed to transport personnel and tools
from one site to another. The old units will be sold at auction upon delivery and acceptance of the new
units.
TOTAL COST OF OWNERSHIP - These trucks meet required specifications and are expected to
operate satisfactorily during its average service life. Warranty information, manufacturer's statement
of origin (if applicable) and an original sales invoice will accompany the new unit upon receipt to the
City.
PRICE ANALYSIS -The unit price proposed by Time Management Company is 65\% percent higher
than the last purchase in 2008. The price increase reflects manufacturer increases in the new year
model. The Aerial bucket trucks will replace existing units that can no longer be economically
maintained.
COOPERATIVE PURCHASE - State law provides that a local government purchasing item(s) under a
Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek
competitive bids for purchase of the items. Sourcewell Cooperative Purchasing Contract No. N-23428
has been competitively bid to increase the purchasing power of government entities and simplify the
process.
ADMINISTRATIVE CHANGE ORDER—An administrative change order or increase may be made by
the City Manager or his designee up to the amount allowed by relevant law and the Fort Worth City
Code and does not require specific City Council approval as long as sufficient funds have been
appropriated.
A M/WBE - goal is not assigned when purchasing from an approved purchasing cooperative or public
entity.
RENEWAL—The agreement may be renewed for up to two additional one-year terms, in accordance
with the terms of the Sourcewell cooperative contract N-23428. Should Sourcewell opt to renew for
additional terms, the City will do the same.
Funding is budgeted in the Transportation and Public Works Department's Tax Note 2020 Fund for the
FY2020 TPW Vehicles VERF project and in the Property Management Department's Vehicle &
Equipment Replacement Fund for the TPW Vehicle Replacement project, as appropriated.
apps.cfwnet.org/council packet/mc_review.asp?ID=30428&councildate=10/25/2022 1/2
11/21/22, 10:40 AM M&C Review
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budgets, as previously
appropriated, in the 2020 Tax Note Fund for the FY2020 TPW Vehicles VERF project and the Vehicle
And Equip Replacement Fund for the TPW Vehicle Replacement project to support the approval of
the above recommendation. Prior to any expenditure being incurred, the Property Management
Department has the responsibility to validate the availability of funds.
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
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: Steve Cooke (5134)
—g g—P Brad Hunter (6759)
Additional Information Contact: Denise Garcia (6787)
Ashley Kadva (5101)
ATTACHMENTS
21 F-550 BUCKET TRUCKS PMD ADK funds availabilitypdf (Public)
doc00311820221011112248.pdf (CFW Internal)
doc1 7643820221 0 1 0 1 00433.pdf (CFW Internal)
EPR 20-3280-3287 and 3 New Bucket Trucks- FID Table.xlsx (CFW Internal)
SAMS check.PNG (CFW Internal)
apps.cfwnet.org/council packet/mc_review.asp?ID=30428&counciidate=10/25/2022 2/2