HomeMy WebLinkAboutContract 58236 CSC No. 58236
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between
Sweeping Corporation of America, LLC "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— Scope of Services;
3. Exhibit B —Pricing;
3. Exhibit C— Sourcewell Cooperative Contract 062421-SWP; and
4. 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. In the event of any conflict between Exhibits A,B, C, or D and
the terms of this Agreement, the terms of this Agreement shall control. Vendor agrees to provide
City with the services and goods included in Exhibit A pursuant to the terms and conditions of this
Cooperative Purchase Agreement, including all exhibits thereto.
City shall pay Vendor in accordance with 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 up to One Million Five-Hundred Thousand Dollars ($1,500,000.00). Vendor shall
not provide any additional items or services or bill for expenses incurred for City not specified by
this Agreement unless City requests and approves in writing the additional costs for such services.
City shall not be liable for any additional expenses of Vendor not specified by this Agreement
unless City first approves such expenses in writing.
The term of this Agreement shall be for one year beginning on October 12, 2022 and
ending on date October 11,2023. City shall be able to renew this agreement for four(4) one-year
renewal options in accordance with Sourcewell Cooperative Contract 062421-SWP.
1. Termination.
1.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other parry with 30 days' written notice of termination.
1.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever,except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine-readable format or other format
deemed acceptable to City.
2. Disclosure of Conflicts and Confidential Information.
2.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
2.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third parry without the prior written approval of
City.
2.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor.It will be the responsibility of Vendorto submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
2.4 Unauthorized Access.Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
3. Ri2ht to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years,have access to and the right to examine at reasonable times any directly pertinent books,documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
4. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself,and any of its officers, agents, servants, employees, contractors,or contractors.
5. Liability and Indemnification.
5.1 LIABILITY- VENDOR WILL 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 CA USED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
5.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTSAND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS,ARISING O UT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS:
5.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will 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 will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor 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 City for
infringement arising under this Agreement, City will 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,Vendor will fully participate and cooperate
with City in defense of such claim or action. City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not
eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or
documentation 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, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible,and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
6. Assignment and Subcontracting.
6.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
6.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
7. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
7.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle"will be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed.
Employers' liability
$100,000 - Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease;policy limit
(d) Professional Liability(Errors &Omissions): ❑Applicable ®N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
7.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials,agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium.Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
8. Compliance with Laws, Ordinances,Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
9. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
10. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other parry, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or(3)received by the other parry by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Sweeping Corporation of America, LLC
Attn: Assistant City Manager Attn: Matt Spencer
200 Texas Street Chief Operating Officer
Fort Worth,TX 76102-6314 Address: 4141 Rockside Road, Ste 100,
Facsimile: (817) 392-8654 Seven Hills, OH 44131
Phone: (803) 446-7434
With copy to Fort Worth City Attorney's Office at
same address
11. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing,this provision will not apply to an employee of either parry who responds
to a general solicitation of advertisement of employment by either party.
12. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
13. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
14. Governing Law/Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted, at law or in equity,is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
15. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
16. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court,board, department,commission,or agency
of the United States or of any States;civil disturbances;other national or regional emergencies;or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Parry's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event,with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
17. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope
of any provision of this Agreement.
18. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A,B, C, and D.
19. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each parry.
20. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
21. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either (a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
22. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (1-9). Upon request by City, Vendor will provide City with copies of all 1-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
23. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers,procedures,guides, and documentation that are created,published,displayed, or produced in
conjunction with the services provided under this Agreement(collectively,'Work Product"). Further,City
will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right,title and interest in
and to the Work Product, and all copies thereof,and in and to the copyright,patent,trademark,trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due,or rights of retention thereto on the part of City.
24. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto,may be executed by any authorized representative of Vendor. Each
parry is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
25. Change in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
26. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code,the 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"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
27. Prohibition on Bovcottin2 Ener2y Companies.Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,
the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or
more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-
time employees unless the contract contains a written verification from the company that it: (1) does not
boycott energy companies; and(2)will not boycott energy companies during the term of the contract. The
terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not
boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement.
28. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code,as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for goods or
services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"
and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that
Vendor's signature provides written verification to the City that Vendor: (1)does not have a practice,policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
29. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
30. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
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:
By signing I acknowledge that I am the person
By: VM11iCWe hw9to (0 It 13'20221031 CDT) responsible for the monitoring and administration
Name: Valerie Washington of this contract, including ensuring all
Title: Assistant City Manager performance and reporting requirements.
Date: Oct 13, 2022 2022
Leticia Crr��7e�o-
By: Leticia Cordero(Oct 12,2022 20:19 CDT)
APPROVAL RECOMMENDED: Name: Leticia Cordero
Title: Code Compliance Supervisor
By: CMW(0 1 202209:43 DT) APPROVED AS TO FORM AND LEGALITY:
Name: Cody Whittenburg
Title: Code Compliance Assistant Director ��
aovbnn
c �000'00 dd ATTEST: By Name: Matt Murray
pro °o.�d Title: Assistant City Attorney
Pva oo
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p� °°°°°°° *p By: annettes.�ooda cod 13,20221B:40CDT) CONTRACT AUTHORIZATION:
pan nexAsbap Name: Jannette S. Goodall
M&C: 22-0818
Title: City Secretary 1295: 2022-395476
VENDOR:
SWEEPING CORPORATION OF AMERICA,
LLC
217GG�
By:
Matt Spencer Oct 12,2022 17:26 EDT)
Name: Matt Spencer
Title: Chief Operating Officer
Date: Oct 12, 2022 2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
1. Sweeping Corporation of America, LLC (SCA) will provide street sweeping services across the
City of Fort Worth.
2. SCOPE OF WORK
a. There are roughly 1,440 monthly curb miles (Base Miles)plus 160 "Hot Spot" miles that
will be designated to be swept more frequently per month than the Base Miles. CFW will
have the ability to re-evaluate and change the locations of the Hot Spots and Base Miles as
we work through the launch of the program.
b. Additional curb miles can be added at a price of$63.50 per curb mile (subject to the annual
adjustment below).
c. Sweeper type—Regenerative air(Mechanical broom sweepers available upon request).
d. All sweepers will be GPS tracked for route verification.
e. Bi-monthly meetings to discuss issues/modifications to ensure program success.
f. Disposal of debris collected will be on the account of CFW. CFW will have at least five
(5)locations geographically located around the city for SCA sweepers to unload collected
debris.
g. Water access at designated areas will be provided at no cost to SCA.
h. 30-day payment terms.
i. Renewal pricing subject to change,up or down,per the 12-month percentage change in the
local CPI-U, Dallas-Fort Worth-Arlington, TX as published by the US Department of
Labor, Bureau of Labor Statistics.
j. The safety of the public and the convenience of traffic shall be of prime importance.
Unless otherwise provided in this specification, all portions of all streets shall be kept open
to traffic at all time throughout sweeping operations.
k. Any subsequent changes or revisions to Route Lists throughout the duration of the
Contract must have the prior written consent of the Division Manager, or any designated
representative.
1. The Code Compliance Department(Department)will monitor the Contractor's
performance daily. All streets cleaned by the Contractor must present an appearance
which is completely satisfactory to the department, and within the cleanliness guidelines
of the Department.
in. Any deficiency in the Contractor's performance shall be reported in writing to the
Contractor within forty eight(48)hours after completion of work, and all such deficiencies
shall be corrected by the Contractor no later than twenty four(24) hours following receipt
of such notice.
n. In the event a street rehabilitation or improvement project is under construction, or will be
under construction where street cleaning is scheduled,that portion of the cleaning cycle
will be deleted from the appropriate Route List at the direction of the Division Manager or
his(her)representative. Each of the sections of streets deleted shall be re-entered at the
first scheduled cleaning cycle following completion of the rehabilitation.
o. Prior to re-entering any such street section into the cycle, a field inspection shall be made
by the Department and the Contractor's representative to determine what if any street
cleaning will be required by others, including the rehabilitation contractor. In no event
will the Contractor be allowed additional compensation by the Department for the initial
cleaning of a re-entered street section following rehabilitation or construction.
3. STREET SWEEPING SAFETY
a. Applicable provisions of the following shall be incorporated into the specifications for this
project.
1. The latest edition of the Texas Manual on Uniform Traffic Control Devices.
2. Texas State Highway Standard Specifications.
3. Regulations of the Transportation and Public Works Department, City of Fort
Worth, Texas.
4. Other federal, state and municipal acts, statutes, rulings, ordinances, decisions and
regulations affecting safety and/or street sweeping work.
5. All subsequent revisions and supplements to the above documents.
a) The importance the Department attaches to safety and the conduct of safe operations
cannot be overemphasized. The Department reserves the right, at its discretion, to
disallow payment to the Contractor for any work performed where the proper safety
precautions are not being observed.
b) All equipment used in sweeping operations shall be equipped in accordance with existing
state law,
and shall be equipped with a flashing light with the following characteristics:
i) Visible for a minimum of one (1) mile.
ii) Flash sixty (60) to ninety (90) times per minute.
iii)Mounted for three-hundred sixty (360) degree visibility.
iv) Equipment with an amber lens.
c) The safety of the public and the convenience of traffic shall be of prime importance.
Unless otherwise provided in this specification, all portions of all streets shall be kept open
to traffic at all time throughout sweeping operations.
d) Provisions for directing traffic will not be paid for by the City but shall be considered as
subsidiary work to the various bid items for street cleaning and sweeping services.
e) The Contractor's equipment and personnel shall move in the same direction as traffic at all
times during all cleaning and sweeping operations.
4. INVOICING REQUIREMENTS
a. A properly prepared invoice shall be computer printed and shall include, at a minimum, the
Contractor's name, invoice number, invoice date, remit to address, location and service
description, unit price, total cost, and City's complete purchase order number
(FW023-0000001234). Inaccurate invoices may result in delayed payments, as they shall be
returned to the Contractor for correction and re-submittal.
b. The Contractor shall submit corrected/revised invoices within seven (7) calendar days of
notification from the City.
c. Unpaid invoices and/or appeals for service performed throughout the fiscal year(October 1 -
September 30) must be resolved within 30 days of the City's new fiscal year. No previous year
invoices will be paid after October 30th of the current year.
EXHIBIT B
PRICING SCHEDULE
1,440 curb miles— 1X per month Annual Cost Monthly Cost
+160 curb miles "hotspots" 1X per month 1,219,200 $ 101,600
+160 curb miles "hotspots" 2X per month 1,341,120 111,760
+160 curb miles "hot spots" weekly 1,625,600 135,467
1,440 curb miles—2X per month Annual Cost Monthly Cost
+160 curb miles "hotspots" I per month 1,949,856 162,488
+160 curb miles "hotspots" 2X per month 2,073,178 172,765
+160 curb miles "hotspots" weekly 2,357,542 196,462
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EXHIBIT C
COOPERATIVE AGENCY CONTRACT SOURCEWELL 062421-SWP
oou rcewel l
Solicitation Number: RFP #062421
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Sweep America Intermediate Holdings, LLC, 4141 Rockside Road, Suite
100, Seven Hills, OH 44131 (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 Facilities Maintenance Services 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 August 8, 2025, 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
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 forthe 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 anytime 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 Request Form will become an amendment
to this Contract and will be incorporated by reference.
5. 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 Entitles 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 endorsement(s) 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.
0. 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.
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.
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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 Sweep America Intermediate Holdings, LLC
DocuSigned by--:rr -DocuSigned by:
�t Vt y �U�WAVf^j LIC65CBA257A53411
j. �lkbms
By: CDFD2A139DD6489_. By .
Jeremy Schwartz M.J. DuBois, President, DuCo, LLC
Title: Chief Procurement Officer Title: Authorized Contract Administrator
8/5/2021 1 6:48 AM CDT 8/4/2021 1 10:19 AM PDT
Date: Date:
Approved:
By: ED1�occuSigned by:
'�7E42B8F817A64CC...
Chad Coauette
Title: Executive Director/CEO
Date: 8/5/2021 1 6:57 AM CDT
Rev. 3/2021 18
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RFP 062421 - Facilities Maintenance Services
Vendor Details
Company Name: DuCo, LLC
1079 Tamiami Trl N
Address: #350
Nokomis, Florida 34275
Contact: MJ DUBOIS
Email: mjdubois@ducollc.com
Phone: 410-924-1004
Fax: 410-924-1004
HST#: 81-1963530
Submission Details
Created On: Thursday May 06,2021 10:06:15
Submitted On: Wednesday June 23, 2021 08:25:49
Submitted By: MJ DUBOIS
Email: mjdubois@ducollc.com
Transaction#: 283ad96f-1 d25-45df-bb9f-63468354624b
Submitter's IP Address: 47.201.57.209
Bid Number: RFP 062421 Vendor Name: DuCo, LLC
DocuSign Envelope ID:620E245D-C677-4A83-8A2C-A10C3E686BCA
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 Question Response
Item
1 Proposer Legal Name(one legal entity only): Sweep America Intermediate Holdings, LLC
EIN: 62-1348993
2 Identify all subsidiary entities of the Proposer All subsidiary entities are organized under Sweep American Intermediate Holdings, LLC.
whose equipment, products, or services are SCA Equipment LLC
included in the Proposal. SaniTech Jet Vac Services LLC
SCA of OH, LLC
SCA Acquisitions. Inc.
SCA of Georgia LLC
SCA of SC, LLC
Hy-Tech Property Services LLC
Sweeping Corporation of America Inc.
SCA Reilly Sweeping Inc.
USA Services of Florida LLC
Sweep A Lot Inc.
SCA of IN LLC
SCA of MI LLC
SCA of CA LLC
Sweeping South Inc.
Accusweep Servies Inc.
Clean Sweep Inc.
Total Asphalt Services LLC
U.S. Sweeping Inc.
Envirosweep LLC
Envirosweep Specialty Services LLC
SCA of MO LLC
Morrisville Sweeping Inc.
SCA Reilly Sweeping Inc. (PA)
SCA Reilly Sweeping Inc. (MD)
Reilly Sweeping Inc. (OH)
Superior Sweeping Service Inc.
C&J Parking Lot Services Inc.
Buckeye Sweeping, Inc.
Andrews Street Sweeping LLC
Contractors and Municipal Sweeping Services, Inc.
Cleanstreet LLC
Miller Pacific Enterprises Inc.
Jonset Corporation
Cannon Pacific Services Inc.
3 Identify all applicable assumed names or DBA SCA Sweeping Corporation of America-see attached certificate-OH
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.
4 Proposer Physical Address. 4141 Rockside Road
Ste 100
Seven Hills, OH 44131
5 Proposer website address(or addresses): www.sweepingcorp.com
6 Proposer's Authorized Representative (name, title, M.J. DuBois, Authorized Contract Administrator
address, email address&phone) (The DuCa, LLC.
representative must have authority to sign 1079 Tamiami Trl N#350
the"Proposer's Assurance of Compliance"on Nokomis, FL 34275
behalf of the Proposer and, in the event of 410-924-1004
award,will be expected to execute the resulting mjdubois@ducollc.com
contract):
7 Proposer's primary contact for this proposal M.J. DuBois, Authorized Contract Administrator
(name, title, address, email address&phone): DuCa, LLC.
1079 Tamiami Trl N#350
Nokomis, FL 34275
410-924-1004
mjdubois@ducolic.com
8 Proposer's other contacts for this proposal, if any Mike Siragusa, Vice President
(name, title, address, email address&phone): 4141 Rockside Rd STE 100
Seven Hills OH, 44131
MSiragusa@sweepingcorp.com
469-265-1373
Bid Number: RFP 062421 Vendor Name: DuCo, LLC
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Table 2:Company Information and Financial Strength
Line Question Response`
Item
9 Provide a brief history of your company, including your HISTORY&HERITAGE
company's core values, business philosophy, and industry Sweep America Intermediate Holdings, LLC, doing business as SCA Sweeping Corporation of America (SCA), is the
longevity related to the requested equipment, products or largest self-performing power sweeping services provider in the United States.With an emphasis on quality service and
services. customer focus, they quickly became the nation's elite North America Power Sweeping Association (NAPSA) certified
sweeping contractor. Although SCA was formed in 2017, their sweeping heritage began in 1960 with the founding of
Contract Sweeping &Equipment in Columbus, Ohio.
SCA can offer their customers a superior experience in sweeping services as well as an all-encompassing NPDES
(National Pollutant Discharge Elimination System) storm-water plan with their sweeping and sewer JetVac solutions and
best in class vehicles.Their reliable services have been trusted by municipalities, State Departments of Transportation,
construction contractors and commercial, parking, and industrial properties throughout the mid-western, eastern and
southern United States.
Since February of 2017, SCA has completed 25 strategic acquisitions and look forward to continuing to identify
inorganic growth opportunities in markets across the US. As of May 2021, SCA has 50 operating locations.
MISSION STATEMENT
To be the premier power sweeping services company in North America by providing safe, reliable and economical
solutions to our customers while adhering to our core values.
CORE VALUES:
SAFETY: Our employees are empowered and responsible for the complete safety of themselves, our customers and the
areas where we operate.
SERVICE: We uphold an unwavering commitment in providing our valued customers the highest level of respectful,
efficient and reliable service.
INTEGRITY: Do the right thing, at the right time for the right reason.We keep our promises to our stakeholders-our
customers, our communities and each other.
GROWTH. We promote a collaborative work environment where our employees can make a difference and realize their
full potential.Together the SCA team will drive our continued growth and success.
OUR SAFE and HIGHLY QUALIFIED DRIVERS:
To ensure the highest quality service, SCA is a drug free workplace. All SCA operational personnel must meet the
following guidelines/requirements:
Possess a current commercial driver's license and valid DOT medical card.
Pass a pre-hire drug screen, background check and physical.
Participate in random drug &alcohol screening
Allow annual review of their Motor Vehicle Record
Always wear an ANSI class three(3)safety vest
Participate in monthly safety meetings.
If an employee accumulates more than 6 points on their MVR in a 3-year period
they are subject to immediate dismissal
Extensive job specific training is provided via equipment manufacturer's video, insurance videos, and hands-on training.
A supervisor will ride with each new employee until they are proficient in the safety, maintenance, and operation of a
street sweeper. SCA drivers are always required to adhere to traffic laws and are aware that offenses such as
sweeping against the flow of traffic will result in disciplinary action up to immediate dismissal. All of their maintenance
staff are factory trained and undergo additional training annually. Uniformed SCA personnel operate clearly identified
sweepers which include the SCA company logo, phone number, operational location and US DOT number.
10 What are your company's expectations in the event of an award? SCA hopes to build on their present customer base by adding the ability to utilize an awarded Sourcewell Contract.
An awarded contract will allow SCA to continue their company's growth, provide Sourcewell Members with impeccable
service, allow Sourcewell members nationally discounted prices and open opportunities to SCA in the educational and
non-profit markets.
11 Demonstrate your financial strength and stability with meaningful Sweep America Intermediate Holdings, LLC (SCA) is a sound and stable company. Please see attached Certificates
data.This could include such items as financial statements, of Good Standing, Bonding Qualification, and Bank Letter. The Duns number for this entity is 08-095-4905
SEC filings, credit and bond ratings, letters of credit, and
detailed reference letters. Upload supporting documents(as SCA has many more Certificates of Good Standing and will be happy to provide any Member with this information.
applicable) in the document upload section of your response.
12 What is your US market share for the solutions that you are Today, SCA is ten times larger than that of their closest competitor. It is hard to establish a market share for their
proposing? services as it is a highly fragmented market with over 1,000 local companies across the United States. Many
municipalities self-perform which makes market share tough to calculate. SCA is the only truly scaled sweeping self-
performing sweeping services provider and their scale enables them to bring a higher level of sophistication creating
numerous advantages relative to their competitors.
13 What is your Canadian market share for the solutions that you Today, SCA has no operations in Canada. SCA has an interest in expanding first into the Ontario area. If there
are proposing? becomes more interest among the Canadian Members, SCA will examine the opportunity to expand into other
Canadian territories as well.
14 Has your business ever petitioned for bankruptcy protection?If SCA nor its parent company has ever filed for bankruptcy.
so, explain in detail.
15 How is your organization best described: is it a manufacturer, a SCA is best described as a service provider with 50 locations across the United States. SCA employs a staff of
distributor/dealer/reseller, or a service provider? Answer over 1200 full-time team members that will be proving sales support and performing all services related to any
whichever question(either a) or b)just below) best applies to awarded Sourcewell contract.
your organization.
a) If your company is best described as a
distributor/dealer/reseller(or similar entity), provide your written
authorization to act as a distributor/dealer/reseller for the
manufacturer of the products proposed in this RFP. If applicable,
is your dealer network independent or company owned?
b) If your company is best described as a manufacturer or
service provider, describe your relationship with your sales and
service force and with your dealer network in delivering the
products and services proposed in this RFP. Are these
individuals your employees, or the employees of a third party?
16 If applicable, provide a detailed explanation outlining the Sweeping Corporation of America and/or listed subsidiaries holds many Contractors Licenses in the fallowing states
licenses and certifications that are both required to be held, (not limited to these states): AL, MS, LA, TN, MS, VA,TN, MO, LA,
and actually held, by your organization (including third parties
and subcontractors that you use) in pursuit of the business SCA or listed subsidiaries holds business licenses or business registrations in the following states(not limited to these
contemplated by this RFP. states)VA, DE, NJ, PA, CA, IN, MO, OH, WV, SC, AL, GA, MS; AL,TN, KY, OK, MD, NC, RI,TX, FL
SCA holds a Florida Department of Health Operating Permit
If a member requires a specific license to do business, SCA is able to obtain that license.
17 Provide all"Suspension or Debarment' information that has Neither SCA nor any subsidiaries have ever been suspended or disbarred during the last ten years.
applied to your organization during the past ten years.
Bid Number: RFP 062421 Vendor Name: DuCo, LLC
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Table 3:Industry Recognition&Marketplace Success
Line Item Question Response*
18 Describe any relevant industry awards or recognition that your SCA has been consistently recognized by various third-party organizations across our footprint at the local, regional,
company has received in the past five years and national level.They have included a few awards below.Although they appreciate the recognition, they feel as
though the best measure of success is renewal and referral business from their current customers.
Sweeping Company of the year by Pavement Maintenance and Reconstruction magazine in 2019
WSA Sweeper of the Year in 2017
East Tennessee Clean Fuel Fleet Award in 2019.
NAPSA Certified Sweeping Company
In addition to the above awards, SCA is also a proud member of the following trade and industry groups that have
high standards for their members, especially the National American Power Sweeping Association which certifies
companies for their service levels.
60 Years of Sweeping Heritage
National American Power Sweeping Association
American Public Works Association
Property Management Association
National Association of Sewer Service Companies
American Road and Transportation Builders Association
19 What percentage of your sales are to the governmental sector Approximately 37-40%of SCA's total sales are to DOT, County and Municipal customers for the last 3 years.
in the past three years
20 What percentage of your sales are to the education sector in Less than 1%of SCA sales have been to non-profit and schools during that same time period.
the past three years
21 List any state, provincial, or cooperative purchasing contracts SCA does not hold any cooperative purchasing contracts.
that you hold. What is the annual sales volume for each of
these contracts over the past three years? In the last year, SCA received over$24 million in revenue with 13 state agencies covered by 67 contracts with the
following states: AL, CA, FL, GA, LA, MD, MS, NC, PA, SC, TN,TX AND VA
In the last year, SCA received over$15 million of contracted revenue with over 325 local municipalities and counties
across 18 states: AL, CA, DE, FL, GA, IN, LA, M, MI, MS, NC: NJ, OH, PA, SC, TN, TX AND VA.
The prior two annual periods are comparable to the 2020 annual municipal sales volumes.
22 List any GSA contracts or Standing Offers and Supply SCA does not hold any GSA or Standing Offer Arrangements.
Arrangements(SOSA)that you hold.What is the annual sales
volume for each of these contracts over the past three years?
Table 4:References/Testimonials
Line Item 23.Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name* Contact Name* Phone Number*
City of Groveport, OH Walter Wagner 614-830-3910 ex 1402
See attached Letter
City of Pharr, TX Ignacio Amezcua 956-402-4231 ex 1199
See attached Letter
Township of Fall, PA Joseph Arnao 215-949-9000 ex 281
See attached Letter
Town of Brookwood, AL Joe Barger 205-556-1300
See attached Letter
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
Georgia DOT Government Georgia-GA Sweeping and Jet/Vac Services $2,817,000 to$7,744,000 annually $13,054,669
Alabama DOT- Government Alabama-AL Sweeping Services $588,000 to$1,764,000 annually $4,020,177
Birmingham
City of Memphis Government Tennessee-TN Jet/Vacuum Services $492,906 to$1,802,000 annually $3,940,819
Florida DOT- Government Florida-FL Sweeping Services $399,600 to$1,132,000 annually $2,143,426
District 5-Brevard
Florida DOT- Government Florida-FL Sweeping Services $284,218 to$874.824 annually $2,009,835
District 5-Orange
Bid Number: RFP 062421 Vendor Name: DuCo, LLC
DocuSign Envelope ID:620E245D-C677-4A83-8A2C-AlOC3E686BCA
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 Item Question Response-
25 Sales force. SCA has a fully-staffed sales force. There are 14 Regional Sales managers that provide coverage across all 50
locations in the United States. Those Regional Sales Managers provide support for all of SCA's lines of business. All
Regional Sales Managers report to a Government Bid and Contract's Manager who reports directly to a Vice President
of Sales.
26 Dealer network or other distribution methods. There is no dealer network. There are 50 SCA locations.
See attached for Map of locations and list of cities/states
27 Service force. SCA employs over 1200 full-time team members throughout their 50 locations. SCA owns all of the equipment to he
used in performing facilities maintenace services for Sourcewell Members.
28 Describe in detail the process and procedure of your SCA's proprietary VSS technology allows customers to log into a custom cloud-based portal to visually see real-time and
customer service program, if applicable. Include your historical sweeping cycle data. This information can be easily exported for billing verification and reporting showing the
response-time capabilities and commitments, as well as any customer's parking lots, streets and highways are being swept as they expect.
incentives that help your providers meet your stated service
goals or promises. SCA guarantees service satisfaction. If SCA does not complete the scope of work to the customer's satisfaction, they
will redo the area in question. The response time is usually the same day and well within 12 hours. The service time
will be completed within 48 hours.
SCA provides GPS reports on competed sweeping cycles pursuant to the attached customer service flyer.
Each SCA site will have a Regional Sales Manager and a Project Manager contact for each job. These contacts will
be listed on the Sourcewell Quote that is presented to the Member.
29 Describe your ability and willingness to provide your products SCA is in business to self-perform facilities maintenance services, parking lot sweeping, street sweeping, Jet/Vacuuming,
and services to Sourcewell participating entities in the United closed circuit TV pipe inspection and porter services. SCA is aggressively pursuing new business growth opportunities
States. within North America, and a contract with Sourcewell supports their overall corporate strategy.
SCA is continually expanding their network of locations and is willing to provide services in the areas of their current
locations. SCA is also willing to provide services nationally beyond their current locations.
See the attached Advertising in the Municipal Magazine recently published.
30 Describe your ability and willingness to provide your products SCA does not have any operations currently in Canada. SCA is continually expanding their network of locations and is
and services to Sourcewell participating entities in Canada. willing to provide services in Canada where able.
SCA is open to expanding into Canada.
31 Identify any geographic areas of the United States or Canada SCA will cover all of the United States. SCA will cover parts of Canada, specifically in the Ontario area.
that you will NOT be fully serving through the proposed
contract.
32 Identify any Sourcewell participating entity sectors(i.e., There are no participating entity sectors that SCA will not cover fully.
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?
33 Define any specific contract requirements or restrictions that SCA will participate with Hawaii, Alaska and other US Territories. There will be fees for equipment mobilization where
would apply to our participating entities in Hawaii and Alaska there is no local presence. The fees will be to cover costs of equipment transportation. This will not be a profit center
and in US Territories. for SCA. All applicable charges will be discussed in the quote process prior to any Member issuing a Purchase Order.
Bid Number: RFP 062421 Vendor Name: DuCo, LLC
DocuSign Envelope ID:620E245D-C677-4A83-8A2C-AlOC3E686BCA
Table 7:Marketing Plan
Line Item Question Response
34 Describe your marketing strategy for promoting this SCA has an integrated marketing strategy that utilizes both traditional and non-traditional marketing channels to drive leads and
contract opportunity. Upload representative samples of convert prospects. The majority of their marketing efforts are digitally focused and utilize the fallowing primary strategies to
your marketing materials(if applicable) in the identify new prospects, leads, and opportunities.
document upload section of your response.
See attached examples of electronic marketing flyers.
1. Search Engine Optimization (SEO)
2. Search Engine Marketing (SEM)
3. Customer Segmentation Analysis for Targeting
4. Sales Playbook, Sales Manual and Sales Pitch deck developed and utilized by
SCA's sales team.
5. 3213 direct marketing strategies(Integrated)
In addition to the above strategies, SCA also utilizes direct sales strategies working with our 14 Regional Sales Managers
(RSMs)located across the footprint as well as their Site and General Managers that are our customer's primary contact for any
work to be completed.
SCA will train all of their sales staff with the assistance of MJ DuBois, Contract Administrator, and make use of Sourcewell's
available employees, extensive collection of vendor support materials. This training will be accomplished both by group sales
meetings and one-on-one virtual meetings. MJ DuBois has been training in the marketing and sales of Sourcewell Contracts
for over ten yeas with an abundance of success.
SCA will take an aggressive approach to marketing Sourcewell. SCA will include Sourcewell Logos in their service brochures
and on their website. SCA will want their customers to immediately know that they have a Sourcewell Contract available for
their utilization whether they are a member or want to became a member. In order to further ensure that SCA is fully
marketing the value of Sourcewell, SCA will encourage their sales staff to attend regional Sourcewell training sessions as well
as utilize their assigned Sourcewell Vendor Development Manager to assist in answering questions for Members interested in
learning more about the value of the Sourcewell procurement process.
See attached ads recently published in Municipal Magazine.
35 Describe your use of technology and digital data(e.g., SCA has invested heavily over the last 6+months in marketing technology and resources. Below is a short list of some of the
social media, metadata usage)to enhance marketing tools SCA utilizes to track performance of all of their marketing efforts.
effectiveness. 1. Sisense—Periscope-A data visualization tool that allows us to build a
dashboard to better analyze all the digital marketing metrics from our ad
campaigns.
2. SalesForce-A customer relationship management(CRM)tool to optimize the
sales and reporting processes.
3. Asana-A project management tool SCA uses as a team to ensure they are not
forgetting about any specific tasks related to the 30+ projects they are working
on at any time.
4. Trello-An online, list-making tool that allows for team collaboration and task
tracking
5. FlipHTML5-An online flipbook tool that allows SCA to convert PDFs to
embedded HTML documents with interactivity and full engagement tracking
6. Visme-An online design tool that allows SCA to internally develop all different
types of marketing communications. From info-graphics to social media
promotions to full advertisements.
SCA has made significant investments in third-party consulting firms in 2021 that are experts in digital marketing.
Voglio—Digital Marketing&Advertising
Perception Builder—Website Optimization
Scaling Innovations—Customer Segmentation Analysis
Aggregate Insights—Sales Strategy Planning and Implementation
Recent results of SCA strategies include:
SCA has seen a 39% increase in Google 1st position rankings from January to
April 2021.
From January 1 —Feb. 28 vs. March 1 —April 30,web leads have increased by
54%.
SCA's current Return on Ad Spend (ROAS) is 16:1. For every$1 of advertising
they are spending, they are generating$16 of net new revenue. (Anything
greater than 4:1 is considered successful.)
SCA's revenue per lead is 1,694%greater than their cost per lead.
36 In your view,what is Sourcewell's role in promoting Sourcewell knows how to promote their contracts! SCA believes that Sourcewell's marketing model works and that is
contracts arising out of this RFP? How will you demonstrated by the growth in Sourcewell sales. The basis of SCA's longevity is service-rated and Sourcewell is well aware of
integrate a Sourcewell-awarded contract into your this concept.
sales process?
SCA is firmly committed to the Sourcewell contract buying concept and is in agreement that it is the way of the future. SCA
will create sessions at their National Sales Meetings dedicated solely to Sourcewell sales education and training. These
sessions will include haw to properly sell, using any contract award, question and answer periods, and testimonials about SCA
success stories with the contract.
37 Are your products or services available through an e- SCA's services will not be available through an e-procurement order process as each customer site is different and will need to
procurement ordering process?If so, describe your e- be viewed by a Regional Sales Manager prior to quoting.
procurement system and how governmental and
educational customers have used it.
Table 8:Value-Added Attributes
Line Item Question Response*
38 Describe any product, equipment, maintenance, SCA will not provide training as a part of the scope of this contract. SCA will provide services, no equipment is to be used by
or operator training programs that you offer to the Member.
Sourcewell participating entities. Include details,
such as whether training is standard or optional,
who provides training, and any costs that apply.
Bid Number: RFP 062421 Vendor Name: DuCo, LLC
DocuSign Envelope ID:620E245D-C677-4A83-8A2C-AlOC3E686BCA
39 Describe any technological advances that your VERIFIED SWEEPING SERVICE®
proposed products or services offer. SCA is the only sweeping company to offer the proprietary Verified Sweeping Service®(VSS). Their proven state-of-the-art VSS
portal allows their customers to confirm that specific Geo-fenced areas(contracted segment of parking lots/roads/highways) have
been swept, minimizing the use of a human inspector, saving on costs. Sourcewell entities will have visibility into our active
contract and will be able to view agreed to Geo-fence boundaries, service parameters(max speed, min broom time, etc.) and a
history of work-order completions. Our VSS portal is also available in desktop and mobile devices to allow for convenient access
at any time to view predetermined performance metrics, real-time execution progress, and historical perspectives of SCA's services
All equipment used by SCA in the course of completing Members Job Orders comply with the latest EPA emission standards.
SCA's new equipment purchases consist of the following types of equipment that far exceed industry standard and are considered
far superior due to their technological advances:
M6 AVALANCHE (MECHANICAL SWEEPER)
5-Yard Mechanical Sweeper
The Schwarze M6 Avalanche- is earning its reputation as the premier heavy duty mechanical broom sweeper in the American
marketplace.
The versatile Schwarze M6 Avalanche sweepers offer many of the design innovations that have become the Schwarze®hallmark.
The Schwarze®Easy Change Conveyor System makes it a breeze to repair or replace a conveyor. Or go from a squeegee type
to a belt type conveyor on the same machine.The free float, impact resistant, drag shoes take lateral impact from milling cuts,
manhole covers and curbs and flexes back into place.
Elgin-Broom Bear(MECHANICAL SWEEPER)
Rugged and made to last, the Elgin®Broom Bear®four-wheel mechanical(broom) sweeper is the most efficient on the market.
Mounted on a commercially available conventional or cab-over chassis with fully dualized controls(single-steer optional)and an
intelligent single-engine design that utilizes the chassis engine to power the sweeper.The Elgin Broom Bear features a large
hopper and water tank, which means more productive sweeping time. Single-engine design keeps maintenance or the need for
replacement sweeper parts to a minimum. A variable dumping height and 11" (279 mm)of hopper side-shift ensures easy
dumping.This sweeper is available with your choice of squeegee or no-jam belt conveyor systems, depending on the application
requirements.The short wheelbase, large brooms, and dual made air suspension system make the Elgin Broom Bear ideal for
sweeping in both congested urban areas and far away rural locations.
The Elgin Broom Bear is available as an optional alternative fuel sweeper including compressed natural gas(CNG).
Nitehawk Sweepers-Osprey II—Regenerative Air Sweeper for Low Profile Applications(Parking Decks/Garages)
The next generation Osprey II is engineered to perform in the most diverse operating environments. Built on a low profile
conventional chassis, this sweeper can excel in any location. 35 years of inspired design and field testing have culminated in the
best-in-class sweeping performance of the Osprey II. The advanced hydraulic system has the power to sweep anything you throw
in front of it. Reliable quiet operation lets you dean where no other sweeper can. Powerful, silent and efficient.There is simply
nothing else like it.
Advanced Hydraulics—Generate power and reliability where you need it most
"Stealth Sweeping" System—Single engine hydraulic design delivers the quietest performance of any sweeper
5 year warranty—longest warranty of any sweeper manufacturer
Lowest Cost of Operation—No auxiliary engine delivers performance with efficiency
Customized Application—Passenger side brooms, specialized cameras, custom paint-we can build your perfect unit
Innovative Controls—User friendly controls customized for operators
Longevity—NiteHawk has been producing sweepers for over 45 years.
Support—full service dealerships and factory support throughout the US.
Driver Friendly—Simple operation, training and No COL requirement.
Sewer Equipment Co. of America
MODEL 900 ECO COMBINATION SEWER CLEANER
Sewer Equipment Co. of America introduces the Model 900 ECO Combination Sewer Cleaner truck.The 900 ECO utilizes
proven technologies to deliver a machine with a simplicity that is unequaled in the combo jet vac truck industry. The Model 900
ECO operating platform offers the best in class fuel efficiency and noise reduction for operator safety.
It all starts with our patented"Hydro Drive'powertrain system. The Hydro Drive powers the pump and blower in addition to the
auxiliary hydraulic systems.When you are ready to work, simply put the truck in neutral and apply the parking brake and exit the
cab while the combo truck remains in neutral and power is taken directly from the chassis engine, assuring operator safety during
operation, as there is no transfer case to slip into gear.
The simplicity at the operators station begins with the flip of one switch: Work Mode. The operator can utilize the remaining three
switches(water pump, blower, and throttle)to go to work with ease.What's more, there are no special sequences required,that's
it!Additionally, simplicity continues with the use of 12-volt electrical switches, relays, and solenoids throughout the truck, making it
easy for mechanics to run diagnostics and maintain the equipment. Moreover. no special laptops or software programs required,
all you need is a simple test light and a hydraulic pressure gauge.
CUES—Sewer and Pipeline Inspection Systems
CUES PRE-BUILT MAINLINE AND LATERAL INSPECTION VEHICLES
CUES TV/LAMP (mainline and lateral probe) inspection vehicles to help locate electric lines, water lines, gas lines, sewer lines,
and other pipes in the path of boring machines to avoid penetrating or damaging the pipes. Prior to the initiation of horizontal
boring. use the CUES TV/LAMP truck system to perform pan and tilt inspections of the mainline sewer pipe while viewing and
locating lateral services. CUESTV LAMP vehicles can include a variety of inspection equipment based on your specific needs.
Trucks include state of the art Evolution Interior III,featuring an ergonomic design to achieve ease of operation, safety, and
convenient storage to produce the most efficient, rugged, and reliable system in today's market
Safety Technology-Scorpion II®TMA Truck Mounted Attenuator
After 17 years on the road, over 2,000 documented impacts, and thousands of lives saved across the globe, the Scorpion TMA's
Patented design is the safest and most reliable Truck Mounted Attenuator available today!
The Scorpion II TMA consists of strut and cartridge sections that are linked together on a support frame. This open cartridge
design reduces wind resistance and increases fuel efficiency when deployed on the job site and when traveling at highway
speeds. Each energy absorbing cushion has an Aluminum honeycomb core that is enclosed by aluminum powder coated box
module that provides maximum durability and longevity.The Scorpion II is equipped with omnivolt LED brake, directional, signal
and running lights to further enhance advanced warnings to drivers.
When impacted, the Scorpion's modular design crushes in progressive stages,which reduces the impact forces on the vehicles
occupants and results in lower repair costs and easy parts replacement.The curved side rails are made from corrosion resistant
aluminum tubes and offer full width impact protection along the entire length of the Scorpion II by safely redirecting the impacting
vehicle away from the deadly"coffin corners"at the rear of the truck. Unlike the Scorpion II, most other manufacturers Crash
Attenuator models have little or no side-angle impact protection
The Scorpion II TMA is the world's first Truck Mounted Attenuator eligible for MASH, TL-3 tested at 62.5 mph (100 kph), see
FHWA Eligibility Letter CC-132 for details.
Bid Number: RFP 062421 Vendor Name: DuCo, LLC
DocuSign Envelope ID:620E245D-C677-4A83-8A2C-AlOC3E686BCA
40 Describe any"green" initiatives that relate to As a certified Sweeping Company by the North American Power Sweeping Association, SCA has met all their criteria (partial list
your company or to your products or services, below).
and include a list of the certifying agency for Certified Members shall agree to comply with all local, state and federal regulations in regard to the proper disposal of
each. sweeping debris.
Certified Members shall provide to customers proof of proper disposal methods upon request.
A Commitment to Excellence
The definition of quality is conformance to requirements. NAPSA established the industry standards for properly and professional
operation of a power sweeping business. Approved by the American National Standards Institute,the NAPSA/ANSI Power
Sweeping Standard (PSS1000-2018) defines the procedures professional power sweeping companies endeavor to implement to
provide quality services to their customers. By implementing and adhering to the Power Sweeping Standard, companies can
reduce their legal exposure while increasing employee satisfaction and retention.
NAPSA's Power Sweeping Standard—2018PPS1000
All equipment used by SCA in the course of completing Members Jab Orders comply with the latest EPA emission standards.
In addition, SCA works closely with our procurement partners to identify suppliers that are focused an sustainability and develop
their products with this in mind. Below are highlights from one of our primary vehicle suppliers:
Schwarze
The Schwarze machines that SCA utilizes are certified on the California South Coast Air Quality Management District Rule
1186—Less-Polluting Sweepers. SCAQMD Rule 1186 requires local governments within the South Coast Air Quality Management
District to procure certified street sweepers for new equipment purchases or new street sweeping contracts made after January 1,
2000 (there are no retrofit requirements under Rule 1186).Various SCAQMD regulations also require procurement of certified street
sweepers to implement specific rule requirements. This list of equipment is updated periodically based on certifications test results
and in response to new information.The SCAQMD Governing Board adopted Rule 1186 street sweeper testing and certification
procedures in September of 1999.This standard that was set in Southern California is now nationally recognized as a standard
when purchasing sweepers.
41 Identify any third-party issued eco-labels, ratings SCA is a certified Sweeping Company by the North American Power Sweeping Association.
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.
42 Describe any Women or Minority Business Entity SCA is not a WMBE, SBE or veteran owned business.
(WMBE), Small Business Entity (SBE), or
veteran owned business certifications that your SCA will utilize a Small Woman Owned Business, DuCo, LLC to administer, track, and report any awarded Sourcewell Contract.
company or hub partners have obtained. Upload SCA committed to hiring Veterans and Personal with Disabilities in our hiring practices.
documentation of certification (as applicable) in
the document upload section of your response.
Bid Number: RFP 062421 Vendor Name: DuCo, LLC
DocuSign Envelope ID:620E245D-C677-4A83-8A2C-AlOC3E686BCA
43 What unique attributes does your company, your SCA Competitive Advantages
products, or your services offer to Sourcewell
participating entities?What makes your proposed 1) Largest sweeping company in the US, 50 locations, 20 states
solutions unique in your industry as it applies to
Sourcewell participating entities? 2)Scale-"Hometown hustle with national muscle", Extensive fleet of back up vehicles to maintain service
3) Safe- Dedicated personnel for training and coaching, 44 different training programs, DriveCamTm by Lytx, Low
reputational risk bath professionally to the decision maker and to your organization
4) Experts-In different sweeping technologies and services including: air, broom, and sewer cleaning
5) People-Full HR function plus dedicated team of recruiters to maintain and grow staffing levels to support all sizes of
contracts, Employer choice equals better quality, Training, benefits and advancement(it is not a job, it is a career)
6) Efficient&Economical- High value at low cost
7) Dependable-We have a large fleet that continues to grow and the financial strength/capital to purchase more. SCA also has
the newest fleet—which reduces down time
8) Law Risk-Low reputational risk for the decision maker and organization, VSS—SCA's new proprietary Verified Sweeping
Service®tool that shows real time sweeping cycle data, Transparency into our contracted activities
9) Best Technology-Tablets in all trucks that integrate multiple performance tools, VSS®(Please see below), GPS, Maintenance-
enabled tech
SAFETY
To enhance equipment visibility and the safety of the traveling public all SCA sweepers and follow trucks include the following:
backup camera, a 360-degree rotating beacon on the front of the vehicle, LED marker and taillights, work lights. reflective tape,
multiple strobe lights, and slow-moving vehicle signs. SCA Regenerative air sweepers are equipped with ICC bumpers to provide
under ride protection and utilize a crash attenuator(alpha 1000 or equal)for all sweeping operations that occur between dusk
and dawn. SCA's mechanical broom sweepers and follow trucks possess a"48 X 96" Class C LED arrow board on the rear of
the machine. Additionally,
SCA follow trucks include a 62 MPH truck mounted attenuator for use an higher speed roads. SCA meets or exceeds all
MUTCD guidelines for traffic control&safety.
SCA operational personnel are furnished with all personal protective equipment such as first aid kit, gloves, safety glasses, dust
masks, safety vests,flashlights, 10Ib.fire extinguisher, etc, required for the performance of their duties. All company vehicles carry
a copy of our Sweeper Equipment Fluid Release SOP and our Hazardous Material Spill Response Kits and Reporting SOP.
These items are reviewed with operational personnel at each location on a regular basis.
Safety is a priority for SCA managers and in an effort to enhance safety, their managers: perform quarterly vehicle inspections,
hold formal monthly safety meetings, review driver accident procedures, review spill SOP, have daily safety talks with drivers,
review work zone safety guidelines, require personnel to attend annual defensive driving courses, perform Pre/Post trip vehicle file
audits. review driver safety rules, perform a quarterly road test with each driver, and perform random audits regarding traffic
control. Periodically SCA's insurance company visits their operational facilities for safety inspections.
SCA company policy states that if any operational personnel were involved in any type of accident or property damage the
employee is to immediately notify their supervisor. SCA management would then contact the person involved to resolve the issue
at no cost to the city and report the details to the appropriate city personnel. In the event SCA is involved in a vehicle accident
the location supervisor and corporate safety manager will review and investigate the accident to minimize the chance of re-
occurrence.
SCA's highly trained professional operators, combined with SCA's reliable equipment, ensure they are prepared for any cleaning
challenge. SCA guarantees they will exceed their customer's expectations!
QUALITY ASSURANCE/QUALITY CONTROL
SCA will task the Operations Supervisor or the designated representative member of Site Management to inspect the work
performed and schedule any needed corrections within 48 hours. SCA's quality goal is to remove 95 A of the debris considered
normal day to day buildup and this plan will allow for the completion of the sweep cycle and allowing additional shifts to correct
any audit deficiencies. Follow up sweeping resulting from an audit deficiency will be performed at no cost to Sourcewell entities.
In the event of ongoing contract deficiencies SCA will submit a Corrective Action Plan to Sourcewell entities with targeted scope
and date, time completion goals.
SCA will furnish daily reports to Sourcewell entities(by 10:00 AM) reflecting route(from to location specific), personnel.
equipment, hours worked and dump tickets from debris disposal for the previous day. Sourcewell entities personnel will continue
to have access to the SCA VSS®system installed in all SCA Sweeping and support equipment. This will allow geo-location
tracking of all sweeping resources assigned to Sourcewell entities in real time. Tracking information available includes but is not
limited to the following:
a. Vehicle Identification
b. Driver Identification
C. Vehicle Systems Status(Water on/off, Broom on/off, Aux Engine on/off)
d. Tracking Information (location, direction of travel, speed, stops)
e. Route Playback(date/time from/to)
We utilize sweepers meeting PM-10 criteria for control of particulate matter. SCA will utilize water for dust suppression.We will
not utilize water at a temperature of 40-F or less to avoid icing of the roadway. Sweeping will not occur during heavy rain or
during periods of snow or ice.
VERIFIED SWEEPING SERVICE®
SCA is the only sweeping company to offer their proprietary Verified Sweeping Service®(VSS). This proven state-of-the-art VSS
portal allows their customers to confirm that specific geo-fenced areas(contracted segment of roads/highways) have been swept,
minimizing the use of a human inspector, saving an costs. Sourcewell entities will have visibility into their active contract and will
be able to view agreed to geo-fence boundaries, service parameters(max speed, min broom time, etc.) and a history of work
order completions. The VSS portal is also available in desktop and mobile devices to allow for convenient access at any time to
view predetermined performance metrics, real-time execution progress, and historical perspectives of SCA's services.
Bid Number: RFP 062421 Vendor Name: DuCo, LLC
DocuSign Envelope ID:620E245D-C677-4A83-8A2C-A10C3E686BCA
Table 9:Performance Standards or Guarantees
Describe in detail your performance standards or guarantees,including conditions and requirements to qualify,claims procedure,and overall structure.You may upload representative samples
of your performance materials(if applicable)in the document upload section of your response in addition to responding to the questions below.
Line Question Response'
Item
44 Describe any performance standards or SCA will task the Operations Supervisor or the designated representative member of Site Management to inspect the work performed and
guarantees that apply to your services schedule any needed corrections within 48 hours. SCA's quality goal is to remove 95%of the debris considered normal day to day buildup and
this plan will allow for the completion of the sweep cycle and allowing additional shifts to correct any audit deficiencies. Follow up sweeping
resulting from an audit deficiency will be performed at no cost to Sourcewell entities. In the event of ongoing contract deficiencies SCA will
submit a Corrective Action Plan to Sourcewell entities with targeted scope and date, time completion goals.
SCA will furnish daily reports to Sourcewell entities(by 10:00 AM) reflecting route(from to location specific), personnel, equipment, hours
worked and dump tickets from debris disposal for the previous day. Sourcewell entities personnel will continue to have access to the SCA
VSS®system installed in all SCA Sweeping and support equipment. This will allow geo-location tracking of all sweeping resources assigned
to Sourcewell entities in real time. Tracking information available includes but is not limited to the following:
a. Vehicle Identification
It. Driver Identification
C. Vehicle Systems Status(Water on/off; Broom on/off, Aux Engine on/off)
d. Tracking Information (location, direction of travel, speed, stops)
e. Route Playback(date/time from/to)
We utilize sweepers meeting PM-10 criteria for control of particulate matter. SCA will utilize water for dust suppression.We will not utilize water
at a temperature of 40-F or less to avoid icing of the roadway. Sweeping will not occur during heavy rain or during periods of snow or ice.
SCA has the previously described VSS/GPS that they will show as proof that work was actually performed. Any customer can log into their
own portal to see real time data. SCA will also guarantee that the customer is satisfied or they will re-do any work that the customer may not
be happy with at no charge.
For catch basin, pipe cleaning as well as CCTV work, SCA will dean and inspect the Member's pipe to the standards of the local municipality.
For any service not performed pursuant to the local municipal standard, SCA will redo the work at no additional charge.
45 Describe any service standards or See above statements
guarantees that apply to your services
(policies, metrics, KPIs, etc.) NAPSA (North American Power Sweeping Association) Certified (requirements below)
Insurance:
Members shall agree to carry reasonable levels of liability insurance and provide customers a copy of certificate of insurance upon
request.
Members shall agree to carry worker's compensation insurance on all employees and require that all subcontractors comply with such
rules.
Regulations:
Members shall agree to comply with all local. state and federal regulations in regards to the proper disposal of sweeping debris.
Members shall provide to customers proof of proper disposal methods upon request.
Members shall collect and pay all appropriate taxes, including all payroll, sale and fuel taxes.
Employees
Member shall agree to provide training for all equipment.
Member shall continuously strive to provide employees with a safe working conditions.
Members shall follow all state and federal laws in regards to compensation.
General:
Members agree to conduct their business with honesty, integrity and project a professional image in all endeavors.
Members agree to be truthful and non-deceptive in advertising.
Members agree to all proposals shall be complete and accurate in describing services/products rendered.
Table 10:Payment Terms and Financing Options
Line Question Response'
Item
46 Describe your payment terms and accepted payment methods? Net 30 days. Payments may be made by Check, ACH transfer and wire transfer.
47 Describe any leasing or financing options available for use by There are no financing or leasing options for services to be provided in the scope of this solicitation.
educational or governmental entities.
48 Briefly describe your proposed order process. Include enough The Sourcewell Member will contact an SCA Regional Sales Manager for an initial request for quote. The Regional Sales
detail to support your ability to report quarterly sales to Manager will review the Member's requirements and, if necessary,will make a site visit to determine the estimated
Sourcewell as described in the Contract template. For equipment and time involved for the project. The Regional Manager will contact SCA's HQ (Government Bid Manager)for
example, indicate whether your dealer network is included in tracking and estimation. The Government Bid Manager will then prepare a quote based an the Sourcewell Pricing, Terms
your response and whether each dealer(or some other entity) and Conditions working with MJ DuBois. The Government Bid Manager will then send the Member the quote for review.
will process the Sourcewell participating entities' purchase The Member will then send a Purchase Order to SWEEPING CORPORATION OF AMERICA'S HQ for the project
orders. scheduling. SCA's Government Bid Manager will disperse the project to the correct location for fulfillment. The Government
Bid Manager will forward any Purchase Order to MJ DuBois for proper Sourcewell Sales Reporting. The local Project
Manager will complete the project and report back to HQ that the jab is complete. Then SWEEPING CORPORATION OF
AMERICAN will invoice the Member.
49 Describe any standard transaction documents that you propose See attached examples of SCA Parking Lot agreements and Other Service Agreements, these may or may not be utilized
to use in connection with an awarded contract(order forms, for Sourcewell Members.
terms and conditions, service level agreements, etc.). Upload
a sample of each (as applicable) in the document upload
section of your response.
50 Do you accept the P-card procurement and payment process? P-card is not accepted.
If so, is there any additional cast to Sourcewell participating
entities for using this process?
Bid Number: RFP 062421 Vendor Name: DuCo, LLC
DocuSign Envelope ID:620E245D-C677-4A83-8A2C-A10C3E686BCA
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 Response*
Item
51 Describe your pricing model(e.g., line- It is SCA's intent to offer a percentage discount from the published labor rates to the Sourcewell Members on all of the services being offered.
item discounts or product-category SCA's discount will be based on a percentage off of the profit-making portion of this award.
discounts). Provide detailed pricing data
(including standard or list pricing and the SCA's intent is a simple percentage discount calculation. SCA will not discount costs of added items such as water, dump fees or equipment
Sourcewell discounted price)on all of the mobilization fees as these items are invoiced as a pass through (at cost) price to the Member.
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.
52 Quantify the pricing discount represented SCA is proposing a 3%discount from all their labor rates.
by the pricing proposal in this response.
For example, if the pricing in your
response represents a percentage
discount from MSRP or list, state the
percentage or percentage range.
53 Describe any quantity or volume discounts There are no standard quantity or volume discounts as each service job is different.
or rebate programs that you offer.
54 Propose a method of facilitating "sourced" Related services labor rates will also be discounted at the same rate as the contract discount. Items invoiced which are considered"open
products or related services, which may market"will be invoiced at cost plus 20%.
be referred to as`open market' items
or"nonstandard 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.
55 Identify any element of the total cost of SCA will charge for Water used in the providing of services pursuant to local water costs, if customer does not provide it.. SCA will charge for
acquisition that is NOT included in the disposal fees if the customer elects to have them transport and dispose of debris collect at a pass through price(weight ticket substantiated).
pricing submitted with your response.This
includes all additional charges associated Equipment mobilization and fuel may also be required based on customer location. SCA will quote these costs prior to any Member issuing a
with a purchase that are not directly Purchase Order.
identified as freight or shipping charges.
For example; list costs for items like SCA is the only party that would charge any of these fees. No third-parties will be billing these fees to any Member.
inspection, installation, set up, mandatory
training, licensing fees, or administrative
charges. Identify any parties that impose
such costs and their relationship to the
Proposer.
56 If freight, delivery, or shipping is an If SCA locations are within the member service area, there will be no mobilization charges.
additional cost to the Sourcewell
participating entity, describe in detail the If the Member location is beyond the SCA regular service area, freight charges may apply. These charges will be disclosed at the quoting stage
complete freight, shipping, and delivery so each Member will be fully informed of freight charges prior to issuing a Purchase Order.
program.
57 Specifically describe freight, shipping, and Please see answer above. Any freight or mobilization fees are not profit making center for SCA. Costs will be at a pass through price.
delivery terms or programs available for
Alaska, Hawaii, Canada, or any offshore
delivery.
58 Describe any unique distribution and/or Not applicable for a service provider.
delivery methods or options offered in
your proposal.
Table 12:Pricing Offered
Line The Pricing Offered in this Proposal is:* Comments
Item
59 c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing SCA recognizes the value of the national volume this contract can offer and has
departments. discounted their prices accordingly.
Bid Number: RFP 062421 Vendor Name: DuCo, LLC
DocuSign Envelope ID:620E245D-C677-4A83-8A2C-A10C3E686BCA
Table 13:Audit and Administrative Fee
Line Item Question Response
60 Specifically describe any self-audit process or program that you plan to employ to verify Due to the unique nature of SCA's contract representation, SCA builds in an
compliance with your proposed Contract with Sourcewell. This process includes ensuring that automatic audit process. DuCo, LLC, being the Contract Administrator and being
Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales involved in the Sourcewell quotation process, allows for this self-audit process. SCA
under the Contract each quarter, and that the Vendor remits the proper administrative fee to will not have to rely on multiple report locations for an accurate accounting of sales.
Sourcewell. DuCo will have the ability to account for every sale at time of order. There will be no
after-the-fad gathering of information required. DuCo will collaborate with the
Government and Bid Contract's Manager on every quotation for the Sourcewell
Member under the contract guidelines.. terms and conditions. Every Sourcewell Member
quotation delineates the Sourcewell Contract Number.When a Purchase Order is
received, SCA will require the Purchase Order to reference the contract number. The
Purchase Order will be copied to DuCo. This process makes it clear for all
personnel to recognize that it is a Sourcewell Contract Sale. The sale,when
received, is booked and accounted for on a Sourcewell sales spreadsheet. This
makes the end of quarter reporting complete and on time.
As a secondary check, when SCA receives a payment for a complete job. SCA will
verify the contract used in the purchase. This ensures the correct accounting for the
sale an a second level.
61 If you are awarded a contract, provide a few examples of internal metrics that will be tracked SCA values the ability to service Sourcewell Members with their services In order for
to measure whether you are having success with the contract. SCA to ensure they are providing a product that Sourcewell Members want, SCA will
be evaluating the sales, Quarterly and Annually, to ensure growth. SCA will respond
accordingly to specific regional performance through sales training as well as
participation in Sourcewell training classes.
SCA is expected to increase their sales each year. SCA operates with an annual
marking plan to ensure that they maximize their outreach to potential customers,
including Sourcewell Members in order to achieve their goal.
62 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, SCA will pay a fee of 1%for services performed. The 1%will not be calculated on
and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee costs such was water used, mobilization if applicable, and dump fees which are pass
is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit through prices.
fee, it is not a line-item addition to the Members cost of goods. (See the RFP and template
Contract for additional details.)
Table 14A:Depth and Breadth of Offered Equipment Products and Services
Line Question Response*
Item
63 Provide a detailed description of the equipment, products, and SCA will provide facility maintenance services such as.
services that you are offering in your proposal. Porter Services
Littler Pickup
Power Washing
Parking Lot Sweeping
Street Sweeping
Catch Basin Cleaning
Pipe Cleaning
TV pipe inspection
See attached detailed examples of Scope of Work provided.
64 Within this RFP category there may be subcategories of Street and highway sweeping services.
solutions. List subcategory titles that best describe your products Pipe Cleaning Services
and services. Catch Basin Cleaning
Pipe Inspection Services
Grease Trap Cleaning
See attached examples of Scope of Work or Other Services
Table 14B:Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment,products,and services are offered within your proposal.Provide additional comments in the text box provided,as necessary.
Line Category or Type Offered* Comments
Item
65 Janitorial, custodial, r Yes Porter Service, Litter Pickup, power washing, catch basin cleaning, TV pipe inspection, grease trap cleaning and
housekeeping, cleaning, and r No storm/sewer/water pipe cleaning.
sanitizing services
66 Landscaping, groundskeeping, ('Yes Landscaping, snow removal, grounds maintenance, catch basin cleaning, storm water retention system cleaning, parking lot
lawn mowing, snow removal or r No sweeping, road sweeping, highway sweeping.
snow plowing, and grounds
maintenance services
67 Maintenance, management, and f Yes n/a
operations of facilities, systems: R No
components, and surfaced areas
(horizontal and vertical facilities)
68 Management, administration, R Yes Management of all of the above services. Including suggested maintenance schedules.
labor, personnel, tools, r No
equipment, supplies, and
technology related to or
incidental to offering solutions
described in Line Numbers 65-
67 in Table 14B
Bid Number: RFP 062421 Vendor Name: DuCo, LLC
DocuSign Envelope ID:620E245D-C677-4A83-8A2C-A10C3E686BCA
Table 15:Industry Specific Questions
Line Question Response`
Item
69 Describe your staffing recruitment, SCA takes a structured and standardized approach to recruiting, candidate selection and employee retention to ensure they have a ready flow of
selection, and retention capabilities for qualified, trained employees to perform at the highest levels for their customers.Their recruiters deploy a wide variety of in-person and automated
participating entities at various stages techniques(community outreach, At prescreening programs, skill-based assessments to name a few)to continuously source applicants and fill their
of facilities maintenance or pipeline through the most challenging talent acquisition times. SCA maintains robust screening and on-boarding processes to ensure compliance with
management services outsourcing DOT and other regulations,while ensuring the candidate experience is a positive and interactive one. Once employed, SCA engages their employees
(initial implementation. provider in a wide variety of ways to continuously monitor job satisfaction, ensuring they identify and address any concerns early. SCA's goal is to
transition, hybrid service model, etc.) continuously improve retention and satisfaction of their workforce through dear communications, promotional opportunities, and a well-rounded benefit
and pay program.
70 Describe your process for SCA has extensive experience working with municipalities and other entities in creating custom statements of work, service levels, quality control
development of participating entity plans, and performance standards.
statements of work, service levels,
quality control plans, and performance Our Regional Sales Managers will work with participating entities personnel to educate and discuss a thorough work scope and quality control plan
standards(as applicable). to ensure expectations are being met for all facets of the project(s). A wide range of options will be discussed so entities will know all the
available options to them and they will be able to pick a service level plan that is tailored to their needs based on their requirements.
From a quality control and performance perspective, SCA's proprietary VSS technology allows customers to log into a custom cloud-based portal to
visually see real-time and historical sweeping cycle data. Information can be easily exported for billing verification and reporting showing streets and
highways are being swept just as expected. Sweeping contracts can involve tens to hundreds to thousands of miles of roadways which can create
challenges for inspectors to monitor and inspect. VSS solves this issue by providing real time and historical data such as location, miles swept,
speed, and actual sweeping time.
71 Describe technology and software VERIFIED SWEEPING SERVICES
applications used for recordkeeping SCA is the only sweeping company to offer the proprietary Verified Sweeping Service®(VSS). Their proven state-of-the-art VSS portal allows their
and reporting, and identify the ability customers to confirm that specific Geo-fenced areas(contracted segment of parking lots/roads/highways)have been swept, minimizing the use of a
to integrate with participating entity human inspector, saving on costs. Sourcewell entities will have visibility into our active contract and will be able to view agreed to Geo-fence
technology or software applications. as boundaries, service parameters(max speed, min broom time, etc.)and a history of work-order completions. Our VSS portal is also available in
applicable. desktop and mobile devices to allow for convenient access at any time to view predetermined performance metrics, real-time execution progress, and
historical perspectives of SCA's services.
See attached information for more information.
72 Describe any procedures related to SCA has preferred vendor status relationships with manufacturers such as Nitehawk(parking lot sweepers)and Schwarze Industries(street sweepers),
supplier-provided equipment, products, were they get exceptional service and vehicle availability for any vehicle purchases. This allows SCA to increase their fleet size and mobilize
and supplies, and the ability to meet equipment for a new contract faster than anyone else in the industry. SCA also has similar deals with Continental Tires for maintenance of their
participating entity requirements(cost, existing fleet.
inventory, sustainability, etc.). These relationships translate into lower costs for acquiring and maintaining equipment which allows for fleet expansion and sustainable coverage for
Sourcewell members.
73 Describe any procedures related to VUAth the preferred supplier status relationships established, SCA receives priority when in need of new equipment, parts, and factory service.This
participating entity-provided or supplier- allows SCA to increase their fleet size. keeps their equipment running and ready for superior response and service to their customers.
acquired equipment, products, and
supplies. SCA belongs to two(2)group purchasing organizations, Coretrust Procurement Group(office supplies, shipping, etc.) and Procurement Analytics
(industrial parts for inventory)to allow SCA to team up with other companies to get volume discounts.
Table 16:Exceptions to Terms,Conditions,or Specifications Form
Line Item 74.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-SCA Services Pricing Sourcewell Pricing 6_22_2021.xlsx-Tuesday June 22,2021 11:06:33
• Financial Strength and Stability-Table 1 and 2 Rep IDEA Carts Bond Bank.zip-Tuesday June 15,2021 13:10:27
• Marketing Plan/Samples-Table 4 and 5 Ads docs location csr svc testimonials(2).zip-Thursday June 17,2021 11:14:13
• WMBE/MBE/SBE or Related Certificates (optional)
• Performance Standards or Guarantee Information-SCA Customer Service System VSS SLICK.pdf-Tuesday June 15,2021 13:19:02
• Standard Transaction Document Samples-St l Transaction Docs.zip-Tuesday June 15,2021 13:11:45
• Uoload Additional Document-Table 14 Scope of Work.zip-Tuesday June 15,2021 13:18:23
Bid Number: RFP 062421 Vendor Name: DuCo, LLC
DocuSign Envelope ID:620E245D-C677-4A83-8A2C-AlOC3E686BCA
Addenda,Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
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 vendors 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:httos://www.treasury oov/ofac/downloads/sdnlist.oddf;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at:httos://sam.gov/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. - M.J.DuBois,Contract Administrator,Sweep America Intermediate Holdings LLC
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission,and/or the Proposer foresees an actual or potential Conflict of Interest
in performing the contractual obligations contemplated in the bid.
r Yes r. No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda.
I have reviewed the
File Name below addendum and Pages
attachments(if
applicable)
Addendum-3_Facilities Maintenance Services_RFP_062421 1
Thu June 17 2021 05:05 PM
Addendum-2_Facilities Maintenance Services_RFP_062421 r 1
Wed June 9 2021 04:23 PM
Addendum_1_Facilities Maintenance Services_RFP_062421 r 1
Wed June 2 2021 08:48 AM
Bid Number: RFP 062421 Vendor Name: DuCo, LLC
DocuSign Envelope ID:92CF1 BOO-9C8D-4CB3-B64F-C77482AD9D49
AMENDMENT#1
TO
CONTRACT#062421-SWP
THIS AMENDMENT is by and between Sourcewell and Sweep America Intermediate Holdings,
LLC (Vendor).
Vendor was awarded a Sourcewell Contract for Facilities Maintenance Services effective August
5, 2021, through August 8, 2025, relating to the provision of services by Vendor to Sourcewell
and its Members (Original Agreement).
The parties agree that certain terms within the Original Agreement will be updated and
amended and only to the extent as hereunder provided.
IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment,
the parties agree as follows:
1. This Amendment is effective upon the date of the last signature below.
2. Section 18. Insurance, Subsection A. Requirements, Item 5. Network Security and
Privacy Liability Insurance of the Original Agreement is modified to reduce the minimum
limits required to $1,000,000 per occurrence and annual aggregate.
Except as amended by this Amendment, the Original Agreement remains in full force and
effect.
Sourcewell Sweep America Intermediate Holdings, LLC
DocuSigned by: DocuSigned by:
By.
UVV
COFD2A139D06489... 1Aw4908D"E0993504BF...
Jeremy ...,,,.�u,« Matt .N.,,..,
coo
Title: Director of Operations & Procurement/CPO Title:
Date:
1/13/2022 1 8:35 PM CST Date: 1/13/2022 1 1:48 PM PST
Sourcewell—APPROVED:
DocuSaign/ed,by:
B
C C 7E42BSF817A64CC...
a . ...,
Title: Executive Director/CEO
Date: 1/14/2022 1 8:09 AM CST
EXHIBIT D
CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to
contract for the sale or purchase of property,goods, or services with a local governmental entity(i.e. The City of
Fort Worth)must disclose in the Questionnaire Form CIQ ("Questionnaire")the person's affiliation or business
relationship that might cause a conflict of interest with the local governmental entity. By law,the Questionnaire
must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract
discussions or negotiations with the City, or submits an application or response to a request for proposals or bids,
correspondence, or another writing related to a potential Agreement with the City. Updated Questionnaires must be
filed in conformance with Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at
http://www.ethics.state.tx.us/fonns/CIQ.pdf
If you have any questions about compliance,please consult your own legal counsel. Compliance is the individual
responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter
176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with
the City,use N/A in each of the areas on the form.However, a signature is required in the#4 box in all cases.
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
jJ Name of vendor who has a business relationship with local governmental entity.
SCA
2
❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
Matt Spencer
Name of Officer
4J Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes F-1 No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes F-1 No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
6
❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
Xlwt S Oct 12 2022
Matt Soencer Oct 12,2022 1726 EDTI
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission Revised 11/30/2015
www.ethics.state.tx.us
10/12/22, 12:21 PM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOt`�T H
Create New From This M&C
DATE: 10/11/2022 REFERENCE **M&C 22- LOG NAME: 23COOP CONTRACTED STREET
NO.: 0818 SWEEPING
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL)Authorize the Execution of an Agreement with Sweeping Corporation of America,
LLC for Street Sweeping Services for a Total Annual Amount of Up to $1,500,000.00
Using Sourcewell Cooperative Contract 062421-SWP and Authorize Four One-Year
Renewal Options for the Same Annual Amount
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an agreement with Sweeping
Corporation of America, LLC for street sweeping services for a total annual amount of up to
$1,500,000.00 using Sourcewell cooperative contract 062421-SWP and authorize four one-year
renewal options for the same annual amount for the Code Compliance Department.
DISCUSSION:
A primary goal of Fiscal Year (FY) 2023 is to promote a clean and safe City. The Code Compliance
Department is seeking to help address litter in the community by increasing litter abatement services.
Expanding from two street sweepers to twelve street sweepers has been identified as one of several
measures to assist the community in achieving this goal. Due to expected supply chain delays and
equipment shortages following the COVID-19 pandemic, street sweepers will not be available for an
estimated 12-18 months or longer. In anticipation of these delays, the Code Compliance Department
has solicited contracted street sweeping services which will allow street sweeping services to begin
quickly while staff continues to evaluate long-term equipment purchase options.
The Code Compliance Department obtained a cooperative quote from Sweeping Corporation of
America, LLC through Sourcewell Contract No. 062421-SWP.
Staff recommends awarding the purchase of street sweeping services to Sweeping Corporation of
America, LLC. These services will be used throughout the City of Fort Worth in an effort to reduce
litter and debris on major arterial City streets with particular focus on heavily-littered commercial
corridors. Street sweeping services are expected to reduce floatable debris and other pollutants in
area waterways.
COST ANALYSIS - The City has no recent comparable purchase history for street sweeping
services. Costs were obtained using the Sourcewell Cooperative Contract No. 062421-SWP, which
offers a minimum of 3\% percent discount off all services and labor. Staff requested, received, and
reviewed estimates from three separate vendors. Staff evaluated service costs from each vendor at
weekly, biweekly, and monthly service frequencies. Comparison of cost estimates were used to select
a service frequency to match the funds budgeted for this purchase. Vendors were also contacted to
confirm their resources were sufficient to implement this service at the requested frequencies. Costs of
services and implementation timelines of the requested frequencies are considered valid and
appropriate.
An administrative change order or increase may be made by the City Manager 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.
COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a
cooperative purchasing agreement satisfies state laws requiring that the local government seek
competitive bids for purchase of the item. Sourcewell cooperative contracts have been competitively
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bid to increase and simplify the purchasing power of local government entities across the State of
Texas.
BUSINESS EQUITY DIVISION -An M/WBE goal is not assigned when purchasing from an approved
purchasing cooperative or other public entity.
Funding is provided through the Environmental Protection Fund.
Services will be scheduled to commence in October 2022 and will be phased in during the first
quarter of Fiscal Year 2023.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as previously
appropriated, in the Environmental Protection Fund to support the approval of the above
recommendation and execution of the agreement. Prior to any expenditure being incurred, the Code
Compliance Department has the responsibility to validate the availability of fund.
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 I Year (Chartfield 2)
Submitted for City Manager's Office by_ Valerie Washington (6199)
Originating Department Head: Brandon Bennett (6322)
Additional Information Contact: David B. Carson (6336)
ATTACHMENTS
23 COOP Contracted Street Sweeping.docx (CFW Internal)
FID Table-COOP Contracted Street Sweeping.xlsx (CFW Internal)
Sweeping Corp. of Amer., LLC.pdf (CFW Internal)
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