Loading...
HomeMy WebLinkAboutContract 59621CSC No. 59621 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between COUFAL- PRATER EQUIPMENT LLC dba UNITED AG & TURF ("Vendor"), as the authorized retailer of DEERE & COMPANY under COOP Contract Sourcewell 031121-DAC and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A — Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B — Cooperative Agency Contract (Sourcewell 031121-DAC); and 4. Exhibit C — Conflict of Interest Questionnaire. Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be an amount not to exceed Two Million Three Hundred Thousand Dollars and Zero Cents ($2,300,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall coincide with the terms of the Cooperative Agreement beginning on April 30, 2021, and ending on April 30, 2025. City shall be able to renew this agreement for one (1) one-year renewal option by written agreement of the parties. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX To CITY: City of Fort Worth Attn: Jesica McEachern, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Coaufal-Prater Equipment LLC dba United Ag & Turf Attn: Curtis Abel, Government Sales Manager 7736 Central Park Dr. Woodway, TX 76712 Facsimile: N/A 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: By: op�� Name: Jesica McEachern Title: Assistant City Manager Date: Jun 15, 2023 APPROVAL RECOMMENDED: By: )�qt f'o., Name: Dave Lewis 4p�vouQn Title: Interim Director c� FORTad °0 ATTEST: By: U� Name: Jannette S. Goodall Title: City Secretary VENDOR: Coaufal-Prater Equipment LLC dba United Ag & Turf By: Name: Curtis Abel Title: Government Sales Manager CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By ���6arry Name: Matthew Quinn Title: Management Analyst II APPROVED AS TO FORM AND LEGALITY: By: NicoN ico Arias (1v1 L7, 202316:22 CDT) Name: Nico Arias Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0441 1295: 2023-1010757 OFFICIAL RECORD Date: Jun 5, 2023 CITY SECRETARY FT. WORTH, TX EXHIBIT A PRICE SCHEDULE: Sourcewell RFP # 031121 Discounts off Price Page Tabs Product Descriptions MSRP TURF EQUIPMENT L21 Residential Zero -Turn -Radius Mowers & Equipment (excludes Z700s) 4% L21 Residential Zero -Turn -Radius Mowers & Equipment (Z700s only) 9% L25 Lawn Tractors (S100s, S240s only) & Equipment 4% L25 Lawn Tractors (X300s only) & Equipment 18% L30 Garden Tractors & Equipment 18% L35 Equipment for Lawn & Garden Tractors 18% C10 Commercial Walk -Behind Mowers & Equipment 23% C13 Commercial Zero -Turn -Radius Mowers & Equipment 23% C15 Commercial Front Mowers & Equipment 23% C18 Commercial Wide Area Mowers & Equipment 23% C20 Compact Utility Tractors & Equipment 18% C21 Equipment for Commercial Mowing Products 23% C25 Equipment for Compact Utility Tractors 18% C40 Mid Duty Crossover Utility Vehicles & Equipment 14% C41 High -Performance Utility Vehicles & Equipment 14% C42 Gator Utility Vehicles & Equipment 17% C47 HPX Utility Vehicles & Equipment 14% C48 Implements for Utility Vehicles 14% GOLF EQUIPMENT G10 Reel Mowers & Equipment 24% G15 Special Application Mowers & Equipment 24% G20 Special Application Vehicles & Equipment 24% G25 Aeration & Equipment 24% G30 Debris Maintenance & Equipment 24% G35 Golf Fleet Management 13% FRONTIER PRODUCTS Frontier Cotton 18% Frontier Cutting & Mowing 18% Frontier Hay & Forage 18% Frontier Landscaping 18% Frontier Livestock 18% Frontier Material Handling 18% Frontier Planting & Seeding 18% Frontier Snow Equipment 18% Frontier Sprayers 18% Frontier Tillage 18% Discounts listed are off John Deere's list price (MSRP). List price can be found on www.deere.com by utilizing "Build Your Own" and building the desired machine. Note: Discounts will be calculated based on current pricing at the time an agency requests the quote and will be valid for 30 days. Note: For equipment deliveries to Sourcewell participating entities in Alaska or Hawaii, factory freight to the delivering dealer will be paid by the end -user. Factory freight is known at the time of quoting and will be included on the quote to the end -user. Note: John Deere dealers have the option to charge $4.00 per loaded mile to deliver the equipment to the end -user. Mileages will be calculated using Google Maps. Note: Agencies may utilize www.deere.com to obtain the most current information regarding John Deere dealership locations. Select "Find A Dealer" at the top of the page to locate the nearest dealer. DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 EXHIBIT B 031121-DAC Sourcewell -PA' Solicitation Number: RFP #031121 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Deere & Company, 2000 John Deere Run, Cary, NC 27513 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Grounds Maintenance Equipment, Attachments, and Accessories with Related Services from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires April 30, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 10/2020 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at 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 Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing Rev. 10/2020 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government - owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Rev. 10/2020 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. Rev. 10/2020 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. Rev. 10/2020 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. Rev. 10/2020 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use, Quality Control. a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. Rev. 10/2020 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. Rev. 10/2020 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC 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 to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: Rev. 10/2020 10 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit Rev. 10/2020 11 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C�_1D]D]1000E-1\41►[41Jilk] 401a010613►114 1a►1r_1►111ailk] I► I_l: ff-A0117►fsLQKe]►11:]I*oll0]:�'1 INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsements) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. Rev. 10/2020 12 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. 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 Rev. 10/2020 13 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC 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. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. Rev. 10/2020 14 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). Rev. 10/2020 15 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Rev. 10/2020 16 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 031121-DAC Sourcewell �Doocyu�S�iigned by,:r. I,, COFD2A139D06489... By: Jeremy Schwartz Title: Chief Procurement Officer 4/28/2021 1 12:22 PM CDT Date: Approved: E ID,oc�uSigneed��by,Y 7E42B8F817A64CC... Chad Coauette Title: Executive Director/CEO Date: 4/30/2021 1 11:30 AM CDT Deere & Company E6DocuSigned by: C44230CF47A24D5 ,�A W r61%a�.lA, ... By. Andrew Roman Title: Contract Administrator Date: 4/30/2021 1 11:29 AM CDT Rev. 10/2020 17 DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 RFP 031121 - Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Vendor Details Company Name: Deere & Company 2000 John Deere Run Address: Cary, NC 27513 Contact: Andrew Roman Email: GovContractSupport@JohnDeere.com Phone: 800-358-5010 2285 Fax: 309-749-2313 HST#: 362382580 Submission Details Created On: Wednesday February 03, 2021 15:51:18 Submitted On: Wednesday March 10, 2021 08:15:55 Submitted By: Andrew Roman Email: GovContractSupport@JohnDeere.com Transaction #: 15a28f33-864b-4511-9a93-ee50d039fe70 Submitter's IP Address: 165.225.9.87 Bid Number: RFP 031121 Vendor Name: Deere & Company DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation). Item Question Response* 1 Proposer Legal Name (and Deere & Company applicable d/b/a, if any): 2 Proposer Address: 2000 John Deere Run Cary, NC 27513 3 Proposer website address: www.johndeere.com 4 Proposer's Authorized Andrew Roman - Contract Administrator Representative (name, title, 2000 John Deere Run, Cary, NC 27513 address, email address & phone) GovContractSupport@JohnDeere.com (The representative must have 800-358-5010 Ext. 2285 authority to sign the "Proposer's Assurance of Compliance" on behalf of the Proposer and, in the event of award, will be expected Ito execute the resulting contract): 5 Proposer's primary contact for this Andrew Roman - Contract Administrator proposal (name, title, address, 2000 John Deere Run, Cary, NC 27513 email address & phone): GovContractSupport@JohnDeere.com 800-358-5010 Ext. 2285 6 Proposer's other contacts for this Bethany Schneider proposal, if any (name, title, 10789 South Ridgeview Road, Olathe, KS 66061 address, email address & phone): SchneiderBethanyM@JohnDeere.com 515-802-4941 Bid Number: RFP 031121 Vendor Name: Deere & Company DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 Table 2: Company Information and Financial Strength Item Question Response* 7 Provide a brief history of your company, Deere & Company, founded in 1837 (collectively known as John Deere), began as including your company's core values, a simple one-man blacksmith shop. Today it has grown into a corporation that does business philosophy, and industry longevity business around the world and employs over 56,000 people worldwide. The related to the requested equipment, products company is guided by the same core values established by its founder: integrity, or services. quality, commitment and innovation. John Deere is the world's leading provider of advanced products and services for agriculture, construction and lawn & turf. John Deere also provides financial services worldwide and manufactures and markets engines used in heavy equipment. Deere & Company is a global company with offices and factories throughout the US and overseas in countries such as China, India, Poland, Russia and Germany just to name a few. John Deere has been involved with the manufacturing of tractors since 1918 and manufacturing of lawn equipment since 1963. 8 What are your company's expectations in the John Deere will be able to offer a wide array of products that fall within the scope event of an award? �of this RFP that will meet and exceed the needs of all Sourcewell members. 9 Demonstrate your financial strength and Please see Deere & Company's 2020 Annual Report that has been uploaded as stability with meaningful data. This could part of our proposal. include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. 10 What is your US market share for the John Deere considers its market share data to be proprietary information. solutions that you are proposing? 11 What is your Canadian market share for the John Deere considers its market share data to be proprietary information. solutions that you are proposing? 12 Has your business ever petitioned for No. bankruptcy protection? If so, explain in detail. 13 How is your organization best described: is John Deere is a manufacturer. it a manufacturer, a distributor/dealer/reseller, b. John Deere has a nationwide dealer network. The dealer network are or a service provider? Answer whichever independently owned and operated businesses. John Deere partners with these question (either a) or b) just below) best independently owned John Deere dealers that will deliver and service the products applies to your organization. being offered in the RFP. 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? 14 If applicable, provide a detailed explanation To the best of our knowledge, Deere & Company maintains all licenses and outlining the licenses and certifications that certifications necessary to conduct its business (e.g. its sale of grounds maintenance are both required to be held, and actually equipment) in the United States. held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. 15 Provide all "Suspension or Debarment" Not applicable. information that has applied to your organization during the past ten years. Bid Number: RFP 031121 Vendor Name: Deere & Company DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 Table 3: Industry Recognition & Marketplace Success item Question Response* 16 Describe any relevant industry awards or 2020 recognition that your company has received World's Most Ethical Companies - Ethisphere Institute in the past five years Most Innovative Product Engineering Designs - AE50 Awards Best Global Brands - Interbrand Best CES Sustainability Award - GadgetMatch Best Place to Work - Glassdoor 2019 World's Most Ethical Companies - Ethisphere Institute 50 Sustainability & Climate Leader - Bloomberg Best Workplaces for Innovators - Fast Company Top Employer - Top Employers Institute Americas Most JUST Companies - JUST 100 2018 Best Global Brand - Interbrand World's Most Ethical Companies - Ethisphere Institute Top 10 Innovative Company - American Innovation Index Corporate Partner of the Year - National Society of Black Engineers 2017 World's Most Admired Companies - Fortune Magazine # 50 50 Best Places to Work in the US - Indeed.com US Chamber of Commerce Foundation Citizens Award Company of the Year - Society of Hispanic Professional Engineers 2016 2016 Good Design Award - Good Design is one of the oldest, prestigious and most recognized program for design excellence worldwide. 17 What percentage of your sales are to the Due to proprietary information, we would prefer not to provide the sales volume governmental sector in the past three years history of government agencies. We can assure you that we are a partner who is fully aligned with governmental customer purchase requirements. With a dedicated governmental sales department that works solely with public agencies and our dealer network, we continue to increase our sales volume in this key segment. 18 What percentage of your sales are to the Due to proprietary information, we would prefer not to provide the sales volume education sector in the past three years history of education agencies. We can assure you that we are a partner who is fully aligned with educational customer purchase requirements. With a dedicated governmental sales department that works solely with public agencies and our dealer network, we continue to increase our sales volume in this key segment. 19 List any state, provincial, or cooperative John Deere currently holds over 115 government contracts consisting of federal, purchasing contracts that you hold. What is state, county and cooperative contracts. The state, county and cooperative sales the annual sales volume for each of these volumes are combined. contracts over the past three years? The sales volumes over the past three years are as follows: 2020 - $320.OM 2019 - $326.3M 2018 - $305.5M 20 List any GSA contracts or Standing Offers John Deere currently holds the following GSA Contracts: and Supply Arrangements (SOSA) that you Ag Tractor Contract #GS-30E-0007T hold. What is the annual sales volume for UV Contract #GS-07F-9670S each of these contracts over the past three L&G Contract #GS-06F-0083S years? The total sales volume for the GSA contracts over the past three years are as follows: 2020 - $15.2M 2019 - $21.OM 2018 - $15.3M Bid Number: RFP 031121 Vendor Name: Deere & Company DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * Broward County Public Schools Loudoun County Virginia Osceola County Florida State of Indiana - Sourcewell Participating Addendum State of Arkansas - Sourcewell Participating Addendum Contact Name Edgar Lugo Gerald Landayan Paul Callaway Stephanie Nelson John Leverett Table 5: Top Five Government or Education Customers Phone Number* 754-321-0508 I* 703-771-5956 I* 407-742-0932 I* 317-234-0963 501-683-2222 Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type * State / * Scope of Work * Size of Transactions * Dollar Volume Past Three Province Years Coop Government Texas - TX Complete Price Page Contract Varies FY20 = 13.2M Buyboard for all John Deere product FY19 = 11.5M Grounds categories. FY18 = 10AM Maintenance Contract MI - Ag, Government Michigan - MI Complete Price Page Contract Varies FY20 = 5AM Grounds and for all John Deere product FY19 = 8.1 M Roadside categories. FY18 = 8.6M Equipment Contract OH - Ag Government Ohio - OH Complete Price Page Contract Varies FY20 = 10.3M Machinery, for all John Deere product FY19 = 12.8M Mowers & categories. FY18 = 20.7M Tractors Contract OK - Government Oklahoma - OK John Deere Ag Tractors and Varies FY20 = 8.OM Agriculture, Related Equipment. FY19 = 11.5M Trees & Brush FY18 = 10.3M Maintenance Equipment Contract PA - Ag and Government Pennsylvania - Complete Price Page Contract Varies FY20 = 9.1 M Grounds PA for all John Deere product FY19 = 9.2M Keeping categories. FY18 = 9.8M Power Equipment Contract Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Question Response* Item Bid Number: RFP 031121 Vendor Name: Deere & Company DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 23 Sales force. John Deere has dedicated governmental sales department, based out of Cary, NC, that focuses 100% of their time on the sales and processing of agricultural and turf equipment to governmental and other public agencies. We have a total of 5 Government Account Managers, one of which is dedicated strictly to federal sales. The 4 remaining Government Account Managers are ultimately responsible for state governmental sales in their respective geographies, dedicating 100% of their time to growing the John Deere governmental sales business. The government account managers develop relationships and understand the equipment needs of federal purchasing agents, state purchasing agents and state fleet administrators, i.e. Department of Transportation, Department of Natural Resources. The government account managers also work with John Deere dealers to provide training and a greater understanding of the selling process. The John Deere dealer is ultimately responsible for delivering and supporting the equipment. In relation to the potential Sourcewell Grounds Maintenance Equipment Contract, the government account managers would promote the contract to state purchasing agents and state fleet administrators, who either do not have their own state purchasing contract or have product gaps in their contracts. 24 Dealer network or other distribution John Deere has a nationwide independent dealer network offering best -in -class parts, methods. service, and support. We know the government customer and make everything easy, from the initial purchase to service and support. Our dealer network, with over 1,700 locations nationwide, would be responsible for delivering and servicing the equipment sold to end users using this contract. John Deere dealers offer a combination of after- hours service (varies by dealer) and online support (online parts ordering system), which gives end -users the service needed to avoid costly downtime. The John Deere parts ordering system is available for all dealers and gives them access to over 800,000 unique parts which are ready to ship overnight, if needed. Most dealers also offer some form of mobile maintenance service, which provides on -site service. Dealer technicians are factory -trained on the service and support of the products offered in this RFP. 25 Service force. John Deere has a nationwide independent dealer network offering best -in -class parts, service, and support. We know the government customer and make everything easy, from the initial purchase to service and support. Our dealer network, with over 1,700 locations nationwide, would be responsible for delivering and servicing the equipment sold to end users using this contract. John Deere dealers offer a combination of after- hours service (varies by dealer) and online support (online parts ordering system), which gives end -users the service needed to avoid costly downtime. The John Deere parts ordering system is available for all dealers and gives them access to over 800,000 unique parts which are ready to ship overnight, if needed. Most dealers also offer some form of mobile maintenance service, which provides on -site service. Dealer technicians are factory -trained on the service and support of the products offered in this RFP. 26 Describe in detail the process and The support of the equipment ultimately takes place through the John Deere dealer procedure of your customer service network. While customer service inevitably varies within the dealer network, the program, if applicable. Include your consistent training that is offered by John Deere Company to dealer technicians and response -time capabilities and parts personnel helps provide each agency with a similar customer experience. commitments, as well as any incentives Should there be a need for equipment service, it will be the Sourcewell member's that help your providers meet your stated responsibility to contact the delivering dealer for service. The member can also work service goals or promises. with other dealers if necessary, as warranty and service work can be performed by any authorized John Deere dealer. In the event of service issues that cannot be solved by the John Deere dealer, the dealer works with John Deere Company's dealer technical assistance center for elevated support. As far as the John Deere Government Sales Department, we have an entire department of approximately 30 people dedicated to government sales. This includes an Order Management Team, that within an average of 7 days of submission, audits and processes every PO to verify contract pricing and verify the items quoted are eligible for the contract. Contract Administrators in the department ensure contract compliance is maintained. 27 Describe your ability and willingness to John Deere will serve Sourcewell member agencies in the United States. The provide your products and services to nationwide John Deere dealer network is able to provide products and services Sourcewell participating entities in the throughout the United States. United States. Equipment Delivery Time After Receipt of Order (ARO) is as follows: 1. Lawn & Garden - 30 to 60 days after receipt of order. 2. Commercial - 60 to 90 days after receipt of order. 28 Describe your ability and willingness to John Deere will serve Sourcewell member agencies in Canada. The Canadian John provide your products and services to Deere dealer network is able to provide products and services throughout Canada. Sourcewell participating entities in Canada. 29 Identify any geographic areas of the United John Deere will serve the entire United States, including Alaska and Hawaii and States or Canada that you will NOT be Canada. fully serving through the proposed contract. Bid Number: RFP 031121 Vendor Name: Deere & Company DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 30 Identify any Sourcewell participating entity John Deere will serve all Sourcewell Member sectors. sectors (i.e., government, education, not -for - profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 31 Define any specific contract requirements John Deere will only ship to Alaska and Hawaii. For deliveries to Alaska or Hawaii, or restrictions that would apply to our factory freight to the delivering dealer will be paid by the Sourcewell member. The participating entities in Hawaii and Alaska equipment will be FOB origin. Factory freight is known at the time of quoting and and in US Territories. will be included on the quote to the Sourcewell member. For all other deliveries within the continental US, the equipment will be FOB destination (the Sourcewell member will NOT be charged factory freight to the delivering dealer). Table 7: Marketing Plan Item Question Response* 32 Describe your marketing strategy for John Deere currently uses several forms of marketing to target the governmental and promoting this contract opportunity. public customer segment: Upload representative samples of your marketing materials (if applicable) in 1. We have created a website where we prominently advertise the cooperative contracts the document upload section of your we currently hold. response. 2. Each year, the company produces a purchasing guide for government equipment. This purchasing guide, available in both print and electronic Flash Drive format, is used by the John Deere dealer network to promote the products. 3. John Deere provides templates online for dealers to create their own mailings to promote products to governmental and public agencies. 4. John Deere also prints detailed marketing brochures for the products being offered in this RFP. This literature is made available to dealers and includes features and benefits and equipment specifications. A sample of marketing materials have been uploaded for review and include: Government Municipal Lease Literature, Government Sales Folder Packet and Government Sport Turf Banner. 33 Describe your use of technology and JohnDeere.com provides detailed product information for the products being offered in this digital data (e.g., social media, RFP. Customers are able to view information on product features, specifications, and metadata usage) to enhance accessories. Utilizing JohnDeere.com, Sourcewell members would be able to "build -their - marketing effectiveness. own" product. Customers choose the product category and subsequent product options to configure their desired piece of equipment. Manufacturer's Suggested Retail List Price is shown. The website will not show the Sourcewell contract discount, but if the Sourcewell member knows the discount on the particular product category, they will be able to determine their purchase price. 34 In your view, what is Sourcewell's role Sourcewell will play a key role in working with and supporting the John Deere Government in promoting contracts arising out of Account Managers, by helping the Account Managers promote the Sourcewell contract and this RFP? How will you integrate a recognize key opportunities in states that show a willingness to adopt Sourcewell. Sourcewell-awarded contract into your Conference calls and/or webinars with the John Deere Government Account Managers will sales process? be a valuable tool. Because the Account Managers have a strong relationship with the John Deere dealers, the account managers will help the dealers understand the contract and market it in their particular areas. The account managers will help the John Deere dealers understand the steps necessary to sign up new Sourcewell members as well. Furthermore, in certain geographies, webinars could be used to help John Deere dealers understand the Sourcewell contract. These opportunities would typically be initiated by John Deere and considered on an individual basis depending on the needs of a particular region. 35 Are your products or services We currently use E-procurement systems in North Carolina and Virginia (eVA) because we available through an e-procurement are contractually required to do so. The system does provide the state a constant record ordering process? If so, describe your of sales activity, however, administratively, E-procurement is not a seamless process for e-procurement system and how us. When it comes to John Deere equipment, there are thousands of equipment governmental and educational configurations. Because Deere's price pages are in pdf format, we cannot just simply customers have used it. upload the pricing into the E-procurement systems. We have to manually construct base machines by model and enter them individually. Doing it this way means the agency is not getting the complete picture of what we have available. They're only getting a "sample". For the most part, agencies still feel most comfortable with working directly with the dealer to ensure they're getting equipment that will best suit their needs. Bid Number: RFP 031121 Vendor Name: Deere & Company DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 Table 8: Value -Added Attributes Line m Ite36 Question Response* Describe any product, equipment, The John Deere dealer is ultimately responsible for delivering and supporting the maintenance, or operator training equipment. However, any Sourcewell member will be encouraged to call the John Deere programs that you offer to governmental sales direct toll -free number (800-358-5010, option 2) for assistance with Sourcewell participating entities. locating their nearest dealer. John Deere does offer distance -learning classes on the Include details, such as whether operation and adjustment of equipment for certain products. To date, this has primarily training is standard or optional, been for larger equipment, targeted at farm customers. Many John Deere dealers offer who provides training, and any local training, which is at the discretion of the dealer. costs that apply. 37 Describe any technological Fastback TM PRO Rear -Discharge Mower Deck for the gas and diesel Z900 Ztrak Mowers. advances that your proposed 1. Available in a 60- or 72-inch cutting widths, products or services offer. 2. The rear -discharge mower deck increases productivity and improves operator comfort without sacrificing cut quality. 3. The rear -discharge design, the chance of damage from objects being thrown from the mower deck is decreased. 4. The unique design also helps minimize the amount of debris blown onto the operator. 5. Allows operators to mow closely around fixed objects with either side of the deck. Compact Tractor Quik-KnectTM System Awarded with 2020 AE50 Award 1. Quik-Knect System Named One of This Year's Most Innovative Products in the Food and Agriculture Industry. 2. Quik-Knect prevents twisting or forcing to line-up the splines when attaching rear implements. 3. Developed to help increase operator ease and enhance productivity. 4. Operators slide the tractor and implement connectors together until they click into place. Commercial Walk Behind Mowers Recognized with 2020 AE50 Award 1. AE50 awards highlight the most innovative designs in product engineering. 2. The recoil start M Series and electric start R Series Walk Behind Mowers have been a gamechanger for the commercial mowing industry. 3. Redesigned machines directly address the primary customer needs of productivity, operator comfort, weight distribution, and frame clearance. 38 Describe any "green" initiatives John Deere has created a Product Sustainability goal where we offer machines and that relate to your company or to technology solutions that are not only more productive and efficient but also minimize the your products or services, and impact on the environment. Some Product Sustainability Goals include: include a list of the certifying 1. Reduce environment impact including CO2 emissions on 90% of new products. agency for each. 2. Increase the use of sustainable materials by growing remanufactured and rebuild sales by 30%. 3. Increasing recyclable, renewable and recycled content. 39 Identify any third -party issued eco- Sustainability is foundational to the John Deere strategy. We are committed to reducing the labels, ratings or certifications that environmental impact on 90% of new products to include carbon emission reductions and your company has received for invest $4 Million dollars per day in research and development. Further we have received the the equipment or products following awards. included in your Proposal related 1. Best of CES Sustainability Award (GadgetMatch) to energy efficiency or 2. 50 Sustainability & Climate Leader (Bloomberg) conservation, life -cycle design 3. World's Most Ethical Companies (Ethisphere) (cradle -to -cradle), or other green/sustainability factors. 40 Describe any Women or Minority John Deere continues to proactively engage small and diverse businesses to support the Business Entity (WMBE), Small economic growth of communities. Benefits of a thriving Supplier Diversity Program include: Business Entity (SBE), or veteran 1. Generates economic opportunities for disadvantaged communities. owned business certifications that 2. Promotes supply base competition and creates risk mitigation options. your company or hub partners 3. Unlocks innovation and diversity of thought. have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. 41 What unique attributes does your John Deere's founder was best known for his work with the first commercially successful company, your products, or your plow. And so it is today that we are perhaps best known for our quality agricultural services offer to Sourcewell equipment. We also take the lead worldwide in construction and forestry equipment. We're participating entities? What makes a major force in grounds maintenance and commercial landscape equipment. Also, John your proposed solutions unique in Deere Financial is one of the largest equipment finance companies. your industry as it applies to Sourcewell participating entities? Bid Number: RFP 031121 Vendor Name: Deere & Company DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response* 42 Do your warranties cover all products, parts, and See paragraph A of the attached warranty statement. labor? 43 Do your warranties impose usage restrictions or Per the attached warranty statement paragraph B, the warranty term (time other limitations that adversely affect coverage? period and usage limits) varies by product. 44 Do your warranties cover the expense of Per the attached warranty statement paragraph A, the purchaser will be technicians' travel time and mileage to perform responsible for any service call and/or transportation of equipment to and warranty repairs? from the authorized dealer's place of business (except where prohibited by law), for any premium charged for overtime labor requested by the purchaser and for any service and/or maintenance not directly related to any defect covered under these warranties. 45 Are there any geographic regions of the United The John Deere dealer network is able to service equipment throughout the States or Canada (as applicable) for which you United States and Canada. cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warrantv repair? 46 Will you cover warranty service for items made by John Deere is only submitting equipment manufactured by John Deere. other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? 47 What are your proposed exchange and return John Deere exchanges and returns will not be permitted. programs and policies? 48 Describe any service contract options for the John Deere is not including service contract options with our proposal. items included in your proposal. Table 10: Payment Terms and Financing Options Item ine Question Response* 49 What are your payment terms (e.g., net 10, net 30)? John Deere's payment terms are Net 30. 50 Do you provide leasing or financing options, especially John Deere offers financing and leasing options through John Deere those options that schools and governmental entities may Financial. The John Deere Municipal Lease Purchase Plan is a need to use in order to make certain acquisitions? special low- rate financing plan that is designed to provide flexibility of leasing while building equity toward ownership of the John Deere equipment. Any state or local government body or their political subdivisions may be eligible for the John Deere Municipal Lease Purchase Plan, subject to approval and if the agencies rules and guidelines allow. John Deere Financial also offers other leasing and financing options for governmental, educational, and non- profit entities, subject to approval. 51 Briefly describe your proposed order process. Include The order process will follow a Business -to -Government order enough detail to support your ability to report quarterly process. Our dealer network will be quoting equipment, accepting sales to Sourcewell as described in the Contract template. purchase orders, delivering and servicing the equipment. The For example, indicate whether your dealer network is Sourcewell Member or John Deere dealer will submit a purchase included in your response and whether each dealer (or order to John Deere Government Sales for processing, noting the some other entity) will process the Sourcewell participating Sourcewell contract number on the PO and the Member's preferred entities' purchase orders. delivering dealer. John Deere will invoice the member upon delivery of the product. The equipment will be delivered by the designated dealer. 52 Do you accept the P-card procurement and payment No. process? If so, is there any additional cost to Sourcewell participating entities for using this process? Bid Number: RFP 031121 Vendor Name: Deere & Company DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Question Response" Item 53 Describe your pricing model (e.g., line -item discounts or John Deere is offering product -category discounts. See uploaded product -category discounts). Provide detailed pricing data Price Schedule and Price Pages.pdf. (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. 54 Quantify the pricing discount represented by the pricing The percentage discount range is 4% to 24% off Current MSRP. 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. 55 Describe any quantity or volume discounts or rebate programs that you offer. 56 Propose a method of facilitating "sourced" products or related services, which may 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. 57 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. John Deere offers a Multiple Unit Discount (MUD) based on the following schedule: 3-4 units — 1 % 5-6 units — 2% 7-8 units — 3% 9 units or more — 4% For sales of three or more like self-propelled equipment sold to one customer on the same purchase order qualifies for an additional discount. Implements and attachments sold with and for self-propelled ride -on machines are also eligible for multi -unit discounts, but do not count towards the total number of ride -on units, which determines the multi -unit discount percentage. Frontier Equipment is excluded from the Multiple Unit Discount. John Deere can offer "Sourced Goods" to Sourcewell Members. What Sourcewell calls "Sourced Goods" John Deere calls non- contract items and allied items. We define non -contract as John Deere items that are not on contract (like parts and catalog items that say "See Parts" or "See Catalog" in our price pages). Allied equipment is defined as non -John Deere equipment (ex. Tiger mower). Non -contract and allied items would be sold as "open market" and the price of the item would be negotiated between the John Deere dealer and the Sourcewell Member. The non- contract/allied item would appear on the purchase order (PO) with the contract item but would be listed as "non -contract". For deliveries to Alaska, Hawaii, factory freight to the delivering dealer will be paid by the Sourcewell member. Factory freight is known at the time of quoting and will be included on the quote to the Sourcewell member. The dealer may charge $4.00 per loaded mile to deliver equipment from the dealership to the agency's location. The charge must appear on the quote or purchase order. 58 If freight, delivery, or shipping is an additional cost to the IFor deliveries to Alaska, Hawaii, factory freight to the delivering Sourcewell participating entity, describe in detail the dealer will be paid by the Sourcewell member. Factory freight is complete freight, shipping, and delivery program. known at the time of quoting and will be included on the quote to the Sourcewell member. The dealer may charge $4.00 per loaded mile to deliver equipment from the dealership to the agency's location. The charge must appear on the auote or purchase order. 59 Specifically describe freight, shipping, and delivery terms or For deliveries to Alaska, Hawaii, factory freight to the delivering programs available for Alaska, Hawaii, Canada, or any dealer will be paid by the Sourcewell member. Factory freight is offshore delivery. known at the time of quoting and will be included on the quote to the Sourcewell member. 60 Describe any unique distribution and/or delivery methods or None. options offered in your proposal. Bid Number: RFP 031121 Vendor Name: Deere & Company DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 Table 12: Pricing Offered Item The Pricing Offered in this Proposal is: Comments 61 1 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Table 13: Audit and Administrative Fee Line Item 62 63 Question Specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Response* The Sourcewell member will receive their equipment quote directly from the John Deere dealer. The dealer is able to create the quote by utilizing the contract information (discounts, contract guidelines, eligible equipment, etc.) that we have posted on our website as well as a quoting tool that we've made available to them. The member will submit their purchase order (PO), with contract number noted, to the dealer. John Deere will be listed as the vendor on the PO and the dealer, who created the quote, will be the delivering dealer. The dealer will then upload the quote and the PO to Deere's online order management system. Our Order Management Team will then retrieve the quote and the PO and audit them based on the contract guidelines. If an issue is discovered with PO and/or quote, the Order Management Team will then contact the dealer and work with the dealer and the member to get the issue resolved. John Deere will pay a 1 % administrative fee Bid Number: RFP 031121 Vendor Name: Deere & Company DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 Table 14A: Depth and Breadth of Offered Equipment Products and Services item Question Response* 64 Provide a detailed description of the John Deere will offer its complete product offering that fall within the scope of this equipment, products, and services that you RFP. Description of the products John Deere will offer include: are offering in your proposal. Residential Zero -Turn Radius Mowers & Equipment Lawn Tractors & Equipment Garden Tractors & Equipment Equipment for Lawn & Garden Tractors Commercial Walk -Behind Mowers & Equipment Commercial Zero -Turn Radius Mowers & Equipment Commercial Front Mowers & Equipment Commercial Wide Area Mowers & Equipment Compact Utility Tractors & Equipment Equipment for Commercial Mowing Products Equipment for Compact Utility Tractors Mid -Size Utility Vehicles & Equipment Full -Size Utility Vehicles & Equipment Traditional Utility Vehicles & Equipment HPX Utility Vehicles & Equipment Implements for Utility Vehicles TerrainCut Mowers & Equipment Special Application Vehicles & Equipment Aercore & Equipment Debris Maintenance & Equipment Frontier Implements and Attachments Our independent dealer network will provide aftermarket services upon request. Equipment Delivery Time After Receipt of Order (ARO) is as follows: 1. Lawn & Garden - 30 to 60 days after receipt of order. 2. Commercial - 60 to 90 days after receipt of order. 65 Within this RFP category there may be List of subcategory products John Deere will offer within this RFP include: subcategories of solutions. List subcategory titles that best describe your products and Material Handling Attachments (Loaders, Backhoes, Mower Decks, Rotary Tillers, services. Snow Blowers) Frontier Attachments (Cotton, Cutting/Mowing, Hay & Forage, Landscape, Livestock, Material Handling, Planting & Seeding, Snow, Sprayers, Tillage) 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. Item Category or Type Offered * Comments 66 Lawn and garden equipment, tools, G. Yes See uploaded Price Schedule and Price Pages.pdf. attachments, and accessories r No 67 Irrigation systems, equipment, parts, and r Yes No Bid related installation and maintenance services r: No 68 Beach and waterfront maintenance r Yes No Bid equipment and accessories r: No 69 Accessories, parts, and services related to r Yes John Deere is not providing parts, service or warranty programs the solutions described above, including r: No as part of its RFP response. However, Sourcewell members maintenance or repair, and warranty will be able to purchase parts and other service programs programs directly from the John Deere dealers. Bid Number: RFP 031121 Vendor Name: Deere & Company DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 Table 15: Industry Specific Questions Line Question Response Item 70 If you are awarded a contract, provide a John Deere looks forward to annual business reviews with Sourcewell account few examples of internal metrics that will managers. During these reviews, we discuss plans and volume goals and normally be tracked to measure whether you are include percentage sales increase. Our metrics & goals for 2021 and beyond having success with the contract. includes this discussion. 71 Describe the serviceability of the products John Deere has a nationwide independent dealer network offering best -in -class included in your proposal (parts availability, parts, service, and support. Our dealer network, with over 1,700 locations warranty and technical support, etc.). nationwide, would be responsible for delivering and servicing the equipment sold to end users using this contract. John Deere dealers offer a combination of after-hours service (varies by dealer) and online support (online parts ordering system), which gives end -users the service needed to avoid costly downtime. The John Deere parts ordering system is available for all dealers and gives them access to over 800,000 unique parts which are ready to ship overnight, if needed. Most dealers also offer some form of mobile maintenance service, which provides on -site service. Dealer technicians are factory -trained on the service and support of the products offered in this RFP. 72 Describe advancements reflected in the John Deere relies heavily on applicable safety standards as published by the equipment or products offered in your International Standards Organization (ISO), the American National Standards Institute proposal, such as safety, longevity or life (ANSI), the American Society of Agricultural and Biological Engineers (ASABE), cycle cost measures. European Committee for Standardization (CEN), and other organizations. Our goal is to meet or surpass the intent of these standards. As part of our design process, we ensure safety information appears in pre -delivery instructions, operator's manuals, technical manuals, and other service publications. In addition, safety instructions in the form of safety signs are affixed to the product to appropriately warn an operator of potential hazards. We also provide training resources such as videos, posters, brochures, and guides. Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Bid Number: RFP 031121 Vendor Name: Deere & Company DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasuU.aov/ofac/downloads/sdnlist.pdf; b. Included on the government -wide exclusions lists in the United States System for Award Management found at: httos://sam.aov/SAM/; or Bid Number: RFP 031121 Vendor Name: Deere & Company DocuSign Envelope ID: 1A745598-BEDB-42B6-8E79-6E7E8FCBDD97 c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Andrew Roman, Contract Administrator, Deere & Company The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum_11_ Grounds _Maintenance_Equipment_RFP_031121 2 Thu March 4 2021 06:08 PM Addendum_10_ Grounds _Maintenance_Equipment_RFP_031121 1 Thu February 25 2021 01:00 PM Addendum_9_ Grounds _Mai ntenance_Equipment_RFP_031121 1 Tue February 23 2021 10:33 AM Addendum_8_ Grounds _Maintenance_Equipment_RFP_031121 2 Mon February 22 2021 10:21 AM Addendum_7_ Grounds Maintenance_Equipment_RFP_031121_CDR_Suggests 1 Wed February 17 2021 09:01 AM Addendum_6_ Grounds _Mai ntenance_Equipment_RFP_031121 1 Tue February 16 2021 11:03 AM Addendum_5_ Grounds _Maintenance_Equipment_RFP_031121 1 Fri February 12 2021 03:14 PM Addendum_4_ Grounds _Maintenance_Equipment_RFP_031121 1 Tue February 2 2021 02:12 PM Addendum_3_ Grounds _Mai ntenance_Equipment_RFP_031121 2 Thu January 21 2021 03:47 PM Addendum_2_ Grounds _Maintenance_Equipment_RFP_031121 1 Wed January 20 2021 02:02 PM Addendum_1_ Grounds —Mai ntenance_Equipment_RFP_031121 rV 1 Tue January 19 2021 03:36 PM Bid Number: RFP 031121 Vendor Name: Deere & Company CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1). Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. J heck 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.) J Name of local government officer about whom the information is being disclosed. )k Name of Officer 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 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 Ef No J 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. §Of A- 61 ElCheck 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). 71 Sigftat of vendor doi vsMess with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 6/27/22, 7:55 AM M&C Review Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FUR4TW oRTH Create New From This M&C DATE: 6/14/2022 REFERENCE **M&C 22- LOG 13P AMEND 611-20 GROUNDS NO.: 0441 NAME: MAINTENANCE EQUIP TD CITY CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL) Authorize Execution of Amendments to Existing Contracts to Increase the Compensation Amount and Amend Mayor and Council Communication 20-0777 to Add Interspec, LLC and Justin Seed Co. as Additional Vendors and Authorize the Execution of Additional Cooperative Contracts through Sourcewell 031121-DAC, Sourcewell 031121- KBA, Sourcewell 031121-TTC, and TIPS 190901 for Grounds Maintenance Equipment, Irrigation Parts, Supplies and Installations for all City Departments and to Increase the Combined Annual Amount from $725,000.00 to a Combined Annual Amount Not to Exceed $2,300,000.00 RECOMMENDATION: It is recommended that the City Council authorize execution of an amendment to existing contracts to increase the compensation amount and amend mayor and council communication 20-0777 to add Interspec, LLC and Justin Seed Co. as additional vendors and authorize the execution of additional cooperative contracts through Sourcewell 031121-DAC, Sourcewell 031121-KBA, Sourcewell 031121-TTC, And TIPS 190901 for grounds maintenance equipment, irrigation parts, supplies and installations for all City departments and to increase the combined annual amount from $725,000.00 to a combined annual amount not to exceed $2,300,000.00. DISCUSSION: The Park & Recreation Department (PARD) requested that the Purchasing Division assist with amending agreements under Mayor and Council Communication (M&C) 20-0777 to increase the annual amount not to exceed from $725,000.00 to $2,300,000.00 and to add additional suppliers using additional cooperative agreements. The Water, Code, Police and Transportation & Public Works (TPW) Departments will also use these agreements. The increase will be used to replace damaged irrigation items as well as add additional ground maintenance equipment, supplies, installation, and athletic field turf maintenance. Trees, shrubs, and bedding plants will also be purchased as the City sent a bid (ITB 22-0033) out for these items and received no response and the current suppliers will not renew their contract, expiring October 13, 2022. The purchase of new golf course equipment will also be obtained in place of the current golf course equipment that is being leased. The following is the revised utilization plan: M&C 20-0777 New Estimated Cooperative Vendors Estimated Amounts Agreement Amounts BWI Companies, Inc. $0.00 $250,000.00 TIPS 190901 Austin Turf & Tractor $0.00 $485,000.00 Sourcewell 031121- DAC Ewing Irrigation $56,000.00 $90,000.00 BuyBoard 611-20 Interspec, LLC $0.00 $20,000.00 BuyBoard 611-20 Justin Seed Co. $0.00 $12,000.00 BuyBoard 611-20 KBW Supply, Inc. $5,200.00 $6,000.00 BuyBoard 611-20 Kubota Tractor Corporation $55,000.00 $55,000.00 BuyBoard 611-20 apps. cfwnet.org/counci I_packet/mc_review.asp? I D=29994&cou nciIdate=6/14/2022 Cooperative Expiration Date November 30, 2022 April 30, 2025 May 31, 2023 May 31, 2023 May 31, 2023 May 31, 2023 May 31, 2023 1/3 6/27/22, 7:55 AM Kubota Tractor Corporation LSM Outdoor Power MasterTurf Products and Services, Inc. Professional Turf Products, LP Professional Turf Products, LP SiteOne Landscape Supply M&C Review $0.00 $200,000.00 Sourcewell 031121- April 30, 2025 KBA $22,000.00 $22,000.00 BuyBoard 611-20 May 31, 2023 $1,400.00 $43,000.00 BuyBoard 611-20 May 31, 2023 $155,000.00 $30,000.00 BuyBoard 611-20 May 31, 2023 $0.00 $1,023,000.00 Sourcewell 031TTC 121- April 30, 2025 $130,000.00 $340,000.00 BuyBoard 611-20 May 31, 2023 WinField United $56,000.00 $24,000.00 BuyBoard 611-20 May 31, 2023 * BWI Companies, Inc. $135,000.00 $0.00 BuyBoard 611-20 May 31, 2023 * Austin Turf & Tractor $25,000.00 $0.00 BuyBoard 611-20 May 31, 2023 * Hill Country Outdoor Power $6,000.00 $0.00 BuyBoard 611-20 May 31, 2023 * JHouston Holdings, LLC, dba, $8,500.00 $0.00 BuyBoard 611-20 May 31, 2023 JRC Associates, LLC * Kinloch Equipment & Supply, Inc. $43,000.00 $0.00 BuyBoard 611-20 May 31, 2023 * Note: BWI Companies, Inc. and Austin Turf & Tractor have been redistributed to TIPS 190901 and Sourcewell 031121-DAC respectively. The department will be receiving a better value at a lower cost using these cooperative agreements. Hill Country Outdoor Power, JHouston Holdings, LLC, dba, JRC Associates, LLC, and Kinloch Equipment & Supply, Inc. have been removed. The maximum amount allowed under this agreement citywide will be $2,300,000.00, however the actual amount used will be based on the need of the department and available budget. State law provides that a local government purchasing an item under a cooperative purchase agreement satisfies any state law requiring that the local government seek competitive bids for purchase of the item. BuyBoard contracts are competitively bid to increase and simplify the purchasing power of government entities across the State of Texas. A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. This project will serve ALL COUNCIL DISTRICTS FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating & capital budgets, as previously appropriated, in the participating departments' Operating Funds and in the General Capital Projects Fund for the Golf Equipment Replacement and Golf Course Equipment FY22 projects to support the approval of the above recommendation and execution of the amendment to the contract. Prior to any expenditure being incurred, the participating departments have the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID I ID Year (Chartfield 2) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=29994&cou nciIdate=6/14/2022 2/3 6/27/22, 7:55 AM Submitted for City Manager's Office by_ M&C Review Reginald Zeno (8517) Valerie Washington (6192) Originating Department Head: Additional Information Contact: ATTACHMENTS Anthony Rousseau (8338) Richard Zavala (5711) Cynthia Garcia (8525) Taylor Dean (7648) 13PAMEND 611-20 GROUNDS MAINTENANCE EQUIP TD CITY funds availabilitv.,pdf (CFW Internal) All 1295 Forms.pdf (CFW Internal) All SAMS Reports.pdf (CFW Internal) FID TABLE BLANK WITH INSTRUCTIONS V2 (002).xlsx (CFW Internal) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=29994&cou nciIdate=6/14/2022 3/3