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Home My WebLink AboutContract 61491CSC No. 61491 FORT WORTH CITY OF FORT WORTH [aisle) 9 01:7:l Y ►I/ Be a":Zy: K%1 WET#]:7 04 Blu I Biel I This Cooperative Purchase Agreement ("Agreement") is entered into by and between RDO Equipment CO., ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A — Seller's Pricing Catalog; 3. Exhibit B — Cooperative Agency Contract (Sourcewell 011723-JDC); 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. In the event of any conflict between the terms and conditions of Exhibits A, B, or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement control. City shall pay Vendor in accordance with the fee schedule in Exhibit A, including any future quotes, and in accordance with the provisions of this Agreement. Total annual payment made under this non-exclusive Agreement may be an amount up to Ten -Million Dollars and Zero Cents ($10,000,000.00). The Vendor acknowledges that this is a non-exclusive agreement and there is no guarantee of any specific amount of purchase. Further, Vendor recognizes that the amount stated above is the total amount of funds available, collectively, for any Vendor that enters into an agreement with the City under the relevant M&C or cooperative agreement and that once the full amount has been exhausted, whether individually or collectively, funds have therefore been exhausted under this Agreement as well. The Parties will engage in multiple transactions to purchase vehicles under this Agreement. For each purchase made pursuant to this Agreement, Vendor must supply a quote for the subject vehicles, and the quote must conform with the then -current pricing under the underlying cooperative agreement. If the City accepts the quote and places an order for the vehicle(s), that quote shall be considered an addendum to this agreement but is not required to be filed in the City records. The Parties will maintain all quotes for the three-year Audit period included herein. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and expires on April 14, 2025. The City shall be able to renew this agreement for two (2) 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: To VENDOR: City of Fort Worth RDO Equipment CO. Attn: Dana Burghdoff, Assistant City Manager 200 Texas Street 5301 Mark IV Parkway Fort Worth, TX 76102-6314 Fort Worth, TX 76131 With copy to Fort Worth City Attorney's Office at Facsimile: N/A same address The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: b�ru� ��A6c�7rr¢G By: Dana Burghdoff (Jun 20241t:`37 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By: �74— Name: Marilyn Marvin Title: Interim Property Management Director ATTEST: QdoaougL . F°RT�yad P�Q* °Oo ..... dank nEoo. By: Name: Jannette Goodall Title: City Secretary VENDOR: RDO Equipment By: Nam Title: S;,4s rVld'e„� Date: 5/414 y 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: Name: Ashley Kadva Title: Purchasing Supervisor APPROVED AS TO FORM AND LEGALITY: By: Name: Jeremy Anato-Mensah Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0450 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A Sourcewell Contract 011723-JDC John Deere Construction Retail Sales List Price Discounts Note: Discounts will be calculated based on current pricing at the time an agency requests the quote and will be valid for 30 days. Please contact your local dealer for a contract quote: httos://dealerlocator.deere.com/servlet/ Product Family Model List Price Discount Articulated Dump Trucks 260E 31% Articulated Dump Trucks 260 P-Tier 28% Articulated Dump Trucks 310E 31% Articulated Dump Trucks 310 P-Tier 28% Articulated Dump Trucks 410E-II 31% Articulated Dump Trucks 410 P-Tier 28% Articulated Dump Trucks 460E-II 31% Articulated Dump Trucks 460 P-Tier 28% Product Family Model List Price Discount Backhoes 310LEP 43% Backhoes 310L 43% Backhoes 310 G-Tier 43% Backhoes 310 P-Tier 43% Backhoes 310SL 43% Backhoes 310SL HL 43% Backhoes 315SL 43% Backhoes 320 P-Tier 43% Backhoes 410L 41% Backhoes 410 P-Tier 41% Backhoes 710L 43% Backhoes 710 P-Tier 43% Product Family Model List Price Discount Compact Track Loaders 317G 30% Public Compact Track Loaders 325G 30% Compact Track Loaders 331G 30% Compact Track Loaders 331 P-Tier 30% Compact Track Loaders 333G 30% Compact Track Loaders 333 P-Tier 30% Compact Track Loaders 335 P-Tier 30% Product Family Model List Price Discount Dozers 450K 27% Dozers 450 P-Tier 27% Dozers 550K 27% Dozers 550 P-Tier 27% Dozers 650K 28% Dozers 650 P-Tier 28% Dozers 700L 25% Dozers 750L 25% Dozers 850L 26% Dozers 950K 33% Dozers 950 P-Tier 27% Dozers 1050K 33% Dozers 1050 P-Tier 27% Product Family Model List Price Discount Crawler Loaders 655K 28% Crawler Loaders 755K 28% Product Family Model List Price Discount Excavators 75G 32% Excavators 75 P-Tier 32.5% Excavators 85G 32% Excavators 85 P-Tier 33% Excavators 130G 34% Public Excavators 130 P-Tier 32.5% Excavators 135G 34% Excavators 135 P-Tier 32.5% Excavators 160G LC 36% Excavators 160 P-Tier 32.5% Excavators 190GW 43% Excavators 20OG LC 36% Excavators 200 G-Tier 32.5% Excavators 21OG LC 36% Excavators 210 P-Tier 32.5% Excavators 245G LC 35% Excavators 245 P-Tier 32.5% Excavators 250G LC 35% Excavators 250 P-Tier 32.5% Excavators 30OG LC 35% Excavators 300 P-Tier 32.5% Excavators 345G LC 30% Excavators 345 P-Tier 32.5% Excavators 350 P-Tier 32.5% Excavators 380 P-Tier 32.5% Excavators 470 P-Tier 32% Excavators 670 P-Tier 32.5% Excavators 870 P-Tier 32.5% Product Family Model List Price Discount Compact Excavators 17G 27% Compact Excavators 17 P-Tier 27% Compact Excavators 26G 27% Compact Excavators 26 P-Tier 27% Compact Excavators 30G 27% Compact Excavators 30 P-Tier 27% Compact Excavators 35G 27% Public Compact Excavators 35 P-Tier 27% Compact Excavators 50G 27% Compact Excavators 50 P-Tier 27% Compact Excavators 60G 27% Compact Excavators 60 P-Tier 27% Product Family Model List Price Discount Tractor Loader 210 G-Tier 39% Tractor Loader 210 P-Tier 39% Product Family Model List Price Discount Motor Graders 620G 41% Motor Graders 622G 41% Motor Graders 670G 42% Motor Graders 672G 42% Motor Graders 770G 43% Motor Graders 772G 43% Motor Graders 870G 43% Motor Graders 872G 43% Product Family Model List Price Discount Skid Steers 316GR 30% Skid Steers 318G 30% Skid Steers 320G 30% Skid Steers 324G 30% Skid Steers 330G 30% Skid Steers 330 P-Tier 30% Skid Steers 332G 30% Skid Steers 334 P-Tier 30% Product Family Model List Price Discount Wheel Loaders 444 G-Tier 36% Public Wheel Loaders 444 P-Tier 38% Wheel Loaders 524 P-Tier 39% Wheel Loaders 544 G-Tier 36% Wheel Loaders 544 P-Tier 39% Wheel Loaders 624 P-Tier 38% Wheel Loaders 644 G-Tier 33% Wheel Loaders 644 P-Tier 34% Wheel Loaders 644 X-Tier 37% Wheel Loaders 724 P-Tier 35% Wheel Loaders 744L 32% Wheel Loaders 744 P-Tier 32% Wheel Loaders 744 X-Tier 32% Wheel Loaders 824L 32% Wheel Loaders 824 P-Tier 32% Wheel Loaders 824 X-Tier 32% Wheel Loaders 844L 32% Wheel Loaders 844 P-Tier 32% Wheel Loaders 844L AH 32% Wheel Loaders 904 P-Tier 32% Wheel Loaders 944K 36% Wheel Loaders 944 X-Tier 35% Product Family Model List Price Discount Compact Wheel Loaders 184 G-Tier 26% Compact Wheel Loaders 204L 26% Compact Wheel Loaders 204 G-Tier 26% Compact Wheel Loaders 244L 26% Compact Wheel Loaders 244 P-Tier 26% Compact Wheel Loaders 304L 26% Compact Wheel Loaders 304 G-Tier 26% Compact Wheel Loaders 324L 26% Compact Wheel Loaders 324 P-Tier 26% Public Compact Wheel Loaders 344L 26% Compact Wheel Loaders 344 P-Tier 26% Product Family Model List Price Discount Compact Tele Lift Loader 326 P-Tier 26% Product Family Model List Price Discount Forestry Excavators 2154G 37% Forestry Excavators 2654G 42% Forestry Excavators 3154G 36% Forestry Excavators 3754G 40% Product Family Model List Price Discount Crawler Log Loaders 2156G 38% Crawler Log Loaders 2656G 38% Crawler Log Loaders 2956G 37% Crawler Log Loaders 3156G 37% Crawler Log Loaders 3756G 33% Product Family Model List Price Discount Wheeled Feller Bunchers 643L-II 34% Wheeled Feller Bunchers 843L-II 32% Product Family Model List Price Discount Tracked Feller Bunchers 803M 30% Tracked Feller Bunchers 853M 33% Tracked Feller Bunchers 859M 31% Tracked Feller Bunchers 903M 31% Tracked Feller Bunchers 953M 30% Tracked Feller Bunchers 959M 30% Public Product Family Model List Price Discount Skidders 640L II 30% Skidders 648L II 30% Skidders 748L II 29% Skidders 768L II 29% Skidders 848L II 28% Skidders 948L II 29% Product Family Model List Price Discount Knuckleboom Loaders 337E 31% Knuckleboom Loaders 437E 34% Product Family Model List Price Discount Wheeled Harvesters 1070G 36% Wheeled Harvesters 1170G 34% Wheeled Harvesters 1270G 39% Wheeled Harvesters 1470G 37% Product Family Model List Price Discount Tracked Harvesters 803MH 31% Tracked Harvesters 853MH 32% Tracked Harvesters 859MH 31% Tracked Harvesters 953MH 30% Tracked Harvesters 959MH 30% Tracked Harvesters 959ML 30% Product Family Model List Price Discount Forwarders 111OG 36% Forwarders 121OG 34% Forwarders 151OG 39% Forwarders 191OG 39% Public Product Family Model List Price Discount Base Coded Attachments Various Additional Volume Discounts if Ordered on One Purchase Order CE Volume Discount: Quantity 5-7 Machines 8-14 Machines 15+ Machines CCE Volume Discount: Quantity 8-14 Machines 15+ Machines For Contract questions, contact: Brooke L. DeVol Contract Administrator John Deere Construction Retail Sales 309-207-0431 ForsberaBrookeL(a)JohnDeere. com 14% Additional Volume Discount 1% 2% 3% Additional Volume Discount 1% 3% Public DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E Exhibit B 011723-JDC Sourcewell wa Solicitation Number: RFP # 011723 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and John Deere Construction Retail Sales a division of John Deere Shared Services LLC, DBA John Deere Construction Retail Sales, 1300 River Drive, Moline, IL 61265 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Heavy Construction Equipment with Related Attachments and Technology from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). FM14.1IF, [QSCSI ZkICL%I A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires April 14, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev. 3/2022 DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 011723-JDC Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. The John Deere Warranty Statement describes covered items and services when returning Damaged Equipment and Rev. 3/2022 DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 011723-JDC Products. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at anytime through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. Rev. 3/2022 DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 011723-JDC A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees maybe required to perform work at government - owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Rev. 3/2022 DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 011723-JDC Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • 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. 3/2022 DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 011723-JDC B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. Any state that requires a Sourcewell participating addendum with an additional admin fee, we reserve the right to reduce the list price discount to accommodate this additional fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Rev. 3/2022 DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 011723-JDC Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. Rev. 3/2022 DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 011723-JDC F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use, Quality Control. Rev. 3/2022 DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 011723-JDC a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. Rev. 3/2022 DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 011723-JDC 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. Rev. 3/2022 10 DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 011723-JDC 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. 1► ��'11"ti liiil�1' il[� $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability -completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. M nimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. M nimum Limits: $2,000,000 Rev. 3/2022 11 DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 011723-JDC 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsements) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier. The waiver must apply to all deductibles and/or self - insured retentions applicable to the required or any other insurance maintained by the Supplier. Rev. 3/2022 12 DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 011723-JDC E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Intentionally Omitted. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Rev. 3/2022 13 DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 011723-JDC Sourcewell �D�o/cyu�Siigned by, J lNu/v ��/ ayfy� By: COFD2A139D06489... Jeremy Schwartz Title: Chief Procurement Officer 4/4/2023 1 2:30 PM CDT Date: Approved: ID,oc�uSigneed��by, E By: 7E42B8F817A64CC... Chad Coauette Title: Executive Director/CEO 4/5/2023 1 8:20 AM CDT Date: John Deere Construction Retail Sales a division of John Deere Shared Services LLC, DBA John Deere Construction Retail Sales DocuSigned by:/ / I^ .E By. 1CAF73242BB647F... Mark Oliver Title: Manager Contract Sales 4/5/2023 1 8:05 AM CDT Date: Rev. 3/2022 14 DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E RFP 011723 - Heavy Construction Equipment with Related Attachments and Technology Vendor Details Company Name: John Deere Shared Services LLC Does your company conduct business under any other name? If John Deere Construction Retail Sales a division of John Deere Shared Services LLC yes, please state: 1300 River Drive Address: Moline, IL 61265 Contact: Brooke DeVol Email: ForsbergBrookeL@JohnDeere.com Phone: 309-207-0431 HST#: 36-2382580 Submission Details Created On: Monday November 28, 2022 09:24:58 Submitted On: Thursday January 12, 2023 14:48:05 Submitted By: Brooke DeVol Email: ForsbergBrookeL@JohnDeere.com Transaction #: 17731346-34ec-484a-83d5-3fc1c1f49270 Submitter's IP Address: 165.225.57.43 Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation). Item Question Response* 1 Proposer Legal Name (one legal entity only): John Deere Construction Retail Sales a division of John Deere Shared Services LLC (In the event of award, will execute the resulting contract as "Supplier") 2 Identify all subsidiary entities of the Proposer Not Applicable whose equipment, products, or services are included in the Proposal. 3 Identify all applicable assumed names or DBA John Deere Construction Retail Sales names of the Proposer or Proposer's JDCRS subsidiaries in Line 1 or Line 2 above. John Deere Construction & Forestry 4 Provide your CAGE code or Unique Entity Cage Code: 3PSD7 Identifier (SAM): UEI: ED9BLXH3Hg21 5 Proposer Physical Address: 1300 River Drive Moline, IL 61265 6 Proposer website address (or addresses): www.deere.com 7 Proposer's Authorized Representative (name, Mark Oliver, Manager Contract Sales title, address, email address & phone) (The 1300 River Drive Moline, IL 61265 representative must have authority to sign OliverMarkR@JohnDeere.com the "Proposer's Assurance of Compliance" on 309-748-3418 behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 8 Proposer's primary contact for this proposal Brooke DeVol, Contract Administrator (name, title, address, email address & phone): 1300 River Drive Moline, IL 61265 ForsbergBrookeL@JohnDeere.com 309-207-0431 9 Proposer's other contacts for this proposal, if Mark Oliver, Manager Contract Sales any (name, title, address, email address & 1300 River Drive Moline, IL 61265 phone): OliverMarkR@JohnDeere.com 309-748-3418 Table 2: Company Information and Financial Strength Line Question Response* Item 10 Provide a brief history of your company, We Run Like No Other. We conduct business essential to life. Running for the including your company's core values, people who trust us and the planet that sustains us, we create intelligent connected business philosophy, and industry longevity machines that enable lives to leap forward. related to the requested equipment, products or services. See our higher purpose: https://www.deere.com/en/our-company/higher-purpose/ John Deere customers are at the center of everything we do. We rely on more than 180 years of experience and terabytes of precision data to know them and their businesses better than anyone else. Our easy -to -use technology helps deliver results they see in the field, on the job site, and on the balance sheet. We ensure seamless access to parts, services, and performance upgrades from take home to trade-in by providing world -class support throughout the lifecycle of their equipment, with productivity and sustainability always in mind. We never forget that we're here to help life leap forward. Deere & Company at a glance: https://www.deere.com/assets/pdfs/common/our- company/deere-&-company-at-a-glance. pdf Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 11 What are your company's expectations in the Our expectation, if we are awarded, is to continue working with Sourcewell to event of an award? provide governmental customers the best option for acquiring our Construction and Compact Construction products. The John Deere Governmental Sales Team will continue to train our dealers on how to present Sourcewell and the benefits the contract offers to continue growing our sales. Since our training plan was rolled out in late 2016, our sales on this contract have had significant growth and our expectation is to continue that trend in the market place. 12 Demonstrate your financial strength and John Deere has a long history and attached in supplemental documents is our most stability with meaningful data. This could recent annual report from 2021. Our 2022 fiscal year just concluded on October 31, include such items as financial statements, 2022 and the annual report is not published at this time. 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. 13 What is your US market share for the While we do not publicly state market share position, John Deere Construction & solutions that you are proposing? Forestry holds a top level market share position across our entire product portfolio in the US. 14 What is your Canadian market share for the While we do not publicly state market share position, John Deere Construction & solutions that you are proposing? Forestry holds a top level market share position across our entire product portfolio in Canada. 15 Has your business ever petitioned for No bankruptcy proceedings have taken place. bankruptcy protection? If so, explain in detail. 16 How is your organization best described: is John Deere Construction Retail Sales (JDCRS) is based in Moline, IL and is it a manufacturer, a distributor/dealer/reseller, responsible for growing sales in the governmental segment for the Construction & or a service provider? Answer whichever Forestry Division of John Deere. All employees of JDCRS are full time John Deere question (either a) or b) just below) best employees. This sales team is responsible for training our dealers on governmental applies to your organization. business, contracts and sales processes. Specific to supporting the Sourcewell a) If your company is best described as contract, the account managers, contract manager and sales support team are a distributor/dealer/reseller (or similar entity), responsible for educating the dealers on the quoting, ordering and delivery process provide your written authorization to act as a of products sold on the Sourcewell contract. distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If All dealers are required to go through a contract training program either in person applicable, is your dealer network or virtually via Microsoft Teams to become an authorized seller on our contract. This independent or company owned? process has been the main driver of our growth since it was launched in 2016. We b) If your company is best described as do retain the right to sell direct if required or the dealer has not completed our a manufacturer or service provider, describe training program. Upon award of this new contract, we are revamping our training your relationship with your sales and service process to leverage our John Deere University online training system to make it force and with your dealer network in easier and more efficient for the dealer field staff to become trained and certified delivering the products and services on the Sourcewell contract. proposed in this RFP. Are these individuals your employees, or the employees of a third party? 17 If applicable, provide a detailed explanation John Deere maintains all licenses and certifications necessary to conduct its outlining the licenses and certifications that business around the world. This is supported by our Supply Management, are both required to be held, and actually Engineering, Safety, Accounting, Human Resources and Tax and Legal Departments. held, by your organization (including third John Deere self -audits and has regular outside audits performed by Deloitte & parties and subcontractors that you use) in Touche for compliance with all required licenses, certifications and regulations. pursuit of the business contemplated by this RFP. 18 Provide all "Suspension or Debarment" There are no suspensions or disbarments to note. information that has applied to your organization during the past ten years. Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E Table 3: Industry Recognition & Marketplace Success Item Question Response* 19 Describe any relevant industry awards or John Deere has received numerous levels of recognition and awards worldwide for recognition that your company has received quality production standards, environmental responsibility, ethics, diversity, safety and in the past five years corporate citizenship. Page 12 of the 2021 Annual Report (attached in the documents section of the response) showcases some of our business highlights and the list of 2021 Awards and Recognitions. Also, attached within the documents section is our 2021 Sustainability Report for John Deere. 20 What percentage of your sales are to the Customer and segment specifics for John Deere sales are not shared publicly. For governmental sector in the past three years the industry as a whole that we participate in, approximately 10-15% of sales for Construction and Compact Construction Equipment are sold to governmental agencies across North American each year. 21 What percentage of your sales are to the Our education sector sales is a low percentage of our total governmental business education sector in the past three years but education entities have utilized the Sourcewell contract previously. For construction and compact construction equipment it is generally reported as a local or state level sale. 22 List any state, provincial, or cooperative NASPO, as well as state participating addendums through this contract purchasing contracts that you hold. What is H-GAC the annual sales volume for each of these TASB BuyBoard contracts over the past three years? We also hold on average 5-10 individual state contracts outside of cooperative purchasing contracts. Sales figures are not publicly shared on any of these contracts. 23 List any GSA contracts or Standing Offers GSA and Supply Arrangements (SOSA) that you DLA hold. What is the annual sales volume for US Fish & Wildlife, IDIQ each of these contracts over the past three years? Sales figures are not publicly shared on any of these contracts. Table 4: References/Testimonials Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * Contact Name * Phone Number* Murphy Tractor & Equipment; an authorized Cole Iverson 507-320-8826 dealer with a vast customer base with VP of Sales Sourcewell purchases. Brandt Tractor Ltd.; an authorized dealer Lloyd Norminton 780-486-6786 with a vast customer baes with Sourcewell Government Sales Manager purchases. RDO Construction Equipment MW; an Jesse Miller 952-882-2752 authorized dealer with a vast customer base Government Sales Manager with Sourcewell purchases. Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E Table 5: Top Five Government or Education Customers Line Item 25. 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 New York State Government NewYork - NY Sourcewell and Sourcewell We averaged 172 sales We averaged 19 million participating addendum sales. per year over the last 3 dollars per year over the years within the state of last 3 years within the New York. state of New York. State of Ohio Government Ohio - OH Sourcewell sales. Previous contracts in Previous contracts in Ohio averaged 38-50 Ohio averaged 3-5 million Ohio STS contract was also held transactions per year. dollars per year. and is now expired. These sales are not publicly shared from our office. 2022 Q4 is our first full quarter of our Sourcewell PA contract being rolled out in Ohio. United States Government Pennsylvania - DLA Military Sales Not publicly shared from Not publicly shared from Air Force PA our office. our office. Florida Forest Government Florida - FL Florida Forest Service contract Not publicly shared from Not publicly shared from Service our office. our office. Louisiana DOT Government Louisiana - LA State DOT contract Not publicly shared from Not publicly shared from our office. our office. 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. Item Question Response* 26 Sales force. Sales is covered by our independent dealer network that has been trained and certified on the Sourcewell sales processes. We have dealer standards that require a minimum sales person to customer ratio to ensure proper sales coverage and response time. 27 Dealer network or other distribution There are nearly 400 dealer locations in the U.S., authorized to sell John Deere methods. construction equipment products and another 60 covering Canada. There are roughly 1400 dealer locations in the U.S. authorized to sell compact construction equipment another 500 across Canada. These John Deere dealers sign contracts to sell and service John Deere products in their assigned areas. We have dealer standards that require a minimum sales person to customer ratio to ensure proper sales coverage and response time. 28 Service force. This is covered fully by our dealers. Our dealers standard policy also has a minimum service technician to machine base ratio to ensure the best service and response time. 29 Describe the ordering process. If orders We have two processes for ordering products on our Sourcewell contract. The will be handled by distributors, dealers or majority of our sales are ordered by authorized selling dealers that have been trained others, explain the respective roles of the and certified by our John Deere Government Sales office. Upon delivery of an order Proposer and others. we have a sales reporting automated process to capture the sales for reporting to Sourcewell. For dealers that may not be certified yet, our John Deere Government Sales office reserves the right to order direct. Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 30 Describe in detail the process and A professional, capable, well -trained, well -capitalized dealer network is one of John procedure of your customer service Deere's competitive advantages. Our dealers, backed by John Deere, provide local program, if applicable. Include your customer support, repairs, maintenance and parts. John Deere has authorized dealers response -time capabilities and in all 50 U.S. states and all across Canada. commitments, as well as any incentives that help your providers meet your stated There are nearly 400 dealer locations in the U.S., authorized to sell John Deere service goals or promises. construction equipment products and another 60 covering Canada. There are roughly 1400 dealer locations in the U.S. authorized to sell compact construction equipment and another 500 across Canada. These John Deere dealers sign contracts to sell and service John Deere products in their assigned areas. We also have a certified technician training program to ensure quality service for our customers. There are also multiple regional parts depots across North America for the best parts availability in the industry. Dealers must submit an annual business plan that contains their commitment to effectively selling and supporting all potential customer in their area, including but not limited to commercial accounts, national accounts, and state, county, and local governmental agencies. Customer can count on John Deere construction dealers to support our products and customers. 31 Describe your ability and willingness to All areas of the U.S. will be served. provide your products and services to Sourcewell participating entities in the United States. 32 Describe your ability and willingness to All areas of Canada that Sourcewell has a defined partner (such as Canoe) will also provide your products and services to be served. Sourcewell participating entities in Canada. 33 Identify any geographic areas of the United All areas of the U.S. will be served. All areas of Canada that Sourcewell has a States or Canada that you will NOT be defined partner (such as Canoe) will also be served. fully serving through the proposed contract. 34 Identify any Sourcewell participating entity Any agency that John Deere defines as a governmental customer and is also eligible sectors (i.e., government, education, not -for- to be a Sourcewell member will qualify for the discounts on our contract. John Deere profit) that you will NOT be fully serving Construction & Forestry defines a governmental customer as the following: through the proposed contract. Explain in 1. Federal, state/provincial, county, municipal and local governmental agencies detail. For example, does your company 2. Hospitals and state/provincially accredited schools (both public and private) have only a regional presence, or do other 3. Special government and/or taxing districts that have authority to levy taxes and/or cooperative purchasing contracts limit your issue tax free municipal bonds (ex. airports) ability to promote another contract? 4. Governmental facilities run by independent management groups qualify only if a governmental agency issues the purchase order and retains ownership. Ownership by the management group voids discount eligibility. 5. Non -governmental utilities or departments or divisions of them that provide has, water, electrical, or telephone service directly to commercial or home users 6. Governmental agencies or departments or divisions of them that provide recycling or waste service directly to commercial or home users. Companies or departments or divisions of these utilities that do not provide service directly to commercial or home users do not qualify 7. North American Indian Tribal Councils 8. Non-profit agencies exempt from state/provincial and federal taxes 9. All Municipal Railroads 35 Define any specific contract requirements The John Deere Construction & Forestry Division has assigned dealers in both or restrictions that would apply to our Alaska and Hawaii. As is the case for the continental U.S. (CONUS), factory to participating entities in Hawaii and Alaska dealer freight as well as local delivery by dealer to end -user will be quoted and and in US Territories. invoiced for any applicable areas outside of the continental U.S. (CONUS). Location specific factors related to moves by ocean, barge, inland, etc. will affect final delivery date. Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E Table 7: Marketing Plan Item Question Response 36 Describe your marketing strategy for Since our "authorized selling dealer" initiative that was rolled out in late 2016, our promoting this contract opportunity. marketing plan has focused on getting our dealer network to understand the power of Upload representative samples of your cooperative purchasing, specially the Sourcewell contract. Our dealers are closer to the marketing materials (if applicable) in end use customers and understand their business and product needs better than our small the document upload section of your team here in Moline, IL. Once we got the dealers fully bought in on the power, ease of response. use and importance of the contract, the sales numbers took off year over year. Our plan for the new contract is to continue this with our dealer network. 37 Describe your use of technology and John Deere has a great public website with information about our entire product line. We digital data (e.g., social media, also have a link to a variety of governmental contracts that are available. In addition to metadata usage) to enhance those site, we also allow the customer to build their own machine online so they can see marketing effectiveness. the options that are available before they contact their local dealer. https://www.deere.com/en/ https://www.deere.com/en/construction/ hftps://www.deere.com/en/government-and-military-sales/ https://www. deere. com/en/govern ment-and-m i I itary-sales/state-and-loca I -purchasing/ https://configure.deere.com/cbyo/#/en_us/products Our marketing communications group runs a variety of social media promotions including a YouTube channel (https://www.youtube.com/user/JohnDeere) and Facebook page (hftps://www.facebook.com/JohnDeereUSCA/). The message on these sites changes periodically but it is primarily focused on the benefits of the John Deere relationship and how we are close to our customer. 38 In your view, what is Sourcewell's role From the John Deere perspective, there are three key components to promoting the in promoting contracts arising out of Sourcewell contract: Sourcewell, John Deere Construction Retail Sales (JDCRS), and our this RFP? How will you integrate a dealer network across the US and Canada. Each has a key role to the success of the Sourcewell-awarded contract into your continued and incremental sales increases each year. Sourcewell's job is to continue to sales process? promote the brand to eligible members so they understand the basics of cooperative purchasing and the benefits of membership. JDCRS has the responsibility to train the dealers on sales processes (ceiling price, discount structure, ordering and delivering of products), how to determine if a customer is already a member and how to assist a customer that is not a member how to become a member. Our dealer's responsibility is to help identify the right product for the job and how to find the easiest, most cost effective way to source that product/solution. We believe that Sourcewell provides one of the best tools available to eligible customer and we will continue to promote that in our annual training. We work with our dealers and support them at any regional conference or training opportunity that helps promote the brand of all three entities. Open communication between all three parties is the key for future success and incremental sales gains on the next contract. 39 Are your products or services We are investigating e-procurement options for certain product families in the future but available through an e-procurement those are not available at this time. Due to the customizable nature of products and ordering process? If so, describe your services, there are many possible configurations for each model. Many build -code e-procurement system and how dependencies must be taken into consideration for a properly functioning machine to be governmental and educational built. For that reason, we feel it is best to contact the local dealer for machine customers have used it. configuration guidance prior to requesting a contract quote. Table 8: Value -Added Attributes Line Item Question Response' 40 Describe any product, equipment, Training on equipment operation and safety is provided through the local dealer. At time of maintenance, or operator training delivery, the dealer provides an introductory walk -around of the unit, explaining general programs that you offer to operation and maintenance procedures, free of charge as part of the purchase. Additional Sourcewell participating entities. product or specific system training is optional and quoted by the local dealer. Include details, such as whether training is standard or optional, who provides training, and any costs that apply. Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 41 Describe any technological John Deere C&F products offer a variety of technology solutions that work to eliminate advances that your proposed rework, improve jobsite safety, counteract labor shortages and increase efficiency. products or services offer. Information on those initiatives is public and can be found at the following link: https://www.deere. com/en/tech nology-prod ucts/precision-construction-tech nology/ There was also a magazine published in the Fall of 2021 that focused on technology and its place in our industry. A link to that publication is below. THE DIRT publication, Fall 2021. https://www.deere.com/assets/pdfs/common/industries/construction/publications/the-dirt-fall-2021- dkmag265c-cv.pdf John Deere has also published what is known as our "Leap Ambitions" and that is also public. Our strategy for the Construction & Forestry Division is by 2026, we will deliver: • 20+ electric and hybrid -electric product models. • Earthmoving: Increase SmartGradeTM grade control adoption to 50%. • Forestry: Boost Intelligent Boom Control adoption to 100%. • Roadbuilding: Increase Precision Roadbuilding Solution adoption to 85%. More information on our Leap Ambitions can be found at: https://www.deere.com/en/our-company/sustainability/sustainabil ity-report/leap-ambitions/ Technology advances in our products is vitally important and was on display at CES 2023 where our CEO was the keynote speaker on day 1. Information can be found at CES2023.deere.com 42 Describe any "green" initiatives John Deere has been very public with these initiatives and more can be found on our that relate to your company or to website in our most recently published Sustainability Report. your products or services, and https://www.deere.com/en/our-company/sustainability/sustainability-report/ include a list of the certifying agency for each. "Our next leap is ELECTRIC" is another informative piece discussing the future of electrification at John Deere. https://www.deere.com/en/our-company/electrification/ 43 Identify any third -party issued eco- In October 2022, John Deere received an award for the SBTi Validation of Greenhouse labels, ratings or certifications that Gas Emission Reduction. your company has received for https://www.deere.com/en/news/all-news/John-deere-receives-sbti-validation-of-greenhouse-gas- the equipment or products emission -reduction -targets/ included in your Proposal related to energy efficiency or In 2021 John Deere acquired majority ownership of Kreisel Electric. conservation, life -cycle design https://www.kreiselelectric.com/johndeere/ (cradle -to -cradle), or other green/sustainability factors. 44 Describe any Women or Minority John Deere is committed to Supplier Diversity. Each year we submit to GSA a Business Entity (WMBE), Small commercial plan that outlines our commitment to use WMBE's, SBE's, and other MBE's Business Entity (SBE), or veteran suppliers in support of our business. owned business certifications that your company or hub partners We also have signed on with two small business partners to learn about small business have obtained. Upload and partner with them to meet demand for products with a small business designation in documentation of certification (as the Federal market as well as help grow their businesses. Our partners are The Akana applicable) in the document Group (Native American owned small business, small business, HUBZone certified) and upload section of your response. Bravo (Service Disabled Veteran -Owned Business). If opportunities arise in the cooperative world for small business designation, we are prepared to grow that segment as well. 45 What unique attributes does your John Deere has a very strong presence as a construction equipment and compact company, your products, or your construction equipment provider. John Deere is also the world's leading manufacturer of services offer to Sourcewell agricultural equipment. Additionally, John Deere Financial is one of the largest equipment participating entities? What makes finance companies. your proposed solutions unique in your industry as it applies to Valuable Extras: Sourcewell participating entities? 1) Genuine John Deere Parts - highest quality parts for the highest quality equipment. -Regional parts depots strategically placed around North America for the best parts delivery response. 2) John Deere Connected Support — Allows customers to: - Monitor alerts for the machine remotely. Monitor engine hours and utilization. View machine location and get driving directions to the jobsite. Monitor fuel level and idle time. 3) John Deere Connected Support — Allows dealers to: - Monitor alerts coming from the customers machine. Remotely connect to a customers machine for real-time diagnostics. Leverage Expert Alerts from John Deere to address potential future downtime. Perform software updates from the dealership. Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 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* 46 Do your warranties cover all products, parts, and Construction equipment has basic warranty of 12 months/unlimited hours. The labor? standard warranty general provisions including parts and labor is attached to this RFP submission. Compact construction equipment has a basic warranty of 24 months or 2,000hrs whichever occurs first. 47 Do your warranties impose usage restrictions or Extended warranty is available as a separate purchase, not on this RFP, other limitations that adversely affect coverage? through our local dealers. Extended warranty has a year and hour limitation with each purchase. An example is 3 year 5,000hr power train/hydraulics extended warranty option. 48 Do your warranties cover the expense of No, TTM is not covered within our warranty. technicians' travel time and mileage to perform warranty repairs? 49 Are there any geographic regions of the United No, we can cover the entire U.S. and Canada with our dealer network. States or Canada (as applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? 50 Will you cover warranty service for items made by Third party warranties are handled by the original OEM of that attachment. other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? 51 What are your proposed exchange and return As noted in the standard warranty document, "John Deere will repair or programs and policies? replace, at its option, any parts... of a new John Deere product that, as delivered to the original retail purchaser(s), are defective in material or workmanship." See attached standard warranty document for full text explanation. 52 Describe any service contract options for the John Deere does not offer any service contracts within this RFP. Service items included in your proposal. contracts and extended warranty options are available for customers from their local dealer and can be quoted to them at time of purchase. Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E Table 10: Payment Terms and Financing Options Item ine Question Response* 53 Describe your payment terms and accepted payment JDCRS' only option for payment terms is Net 30 Days for direct methods. sales. Since the majority of our deals are purchased through one of our authorized dealers, there are financing options available (JD Financial) that can be negotiated before finalizing the deal. 54 Describe any leasing or financing options available for use JDCRS (contract vendor) does not play a role in leasing, financing by educational or governmental entities. or payment terms other than Net 30 Days. John Deere Financial offers leasing/financing options. The John Deere Municipal Lease Purchase Plan is a 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, having the power to tax may be eligible for the John Deere Municipal Lease Purchase Plan, subject to approval. John Deere Financial also offers other leasing and financing options for governmental, educational and non-profit entities, subject to approval. All leasing and financing options are handled through the local dealer and John Deere Financial. The lease/finance provider funds the contract sales invoice within 30 days. 55 Describe any standard transaction documents that you Our John Deere dealers use approved applications in their business propose to use in connection with an awarded contract system to provide quotes to customers stating the approved contract (order forms, terms and conditions, service level discount rate. The quote contains terms and conditions for the quote agreements, etc.). Upload a sample of each (as and terms for payment when a PO is issued. For direct sales applicable) in the document upload section of your through our office similar documentation is used and is available in response. the document upload section. 56 Do you accept the P-card procurement and payment P-card payments are accepted with a 3% processing fee added to process? If so, is there any additional cost to Sourcewell the contract quote. P-card usage is to be made known at time of participating entities for using this process? quote request. Customer PO must cover the added fee. Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response* 57 Describe your pricing model (e.g., line -item discounts or Each model will have a discount associated to it which applies to product -category discounts). Provide detailed pricing data all options of that model fully configured, base coded attachments (including standard or list pricing and the Sourcewell will have a separate discount schedule. Third party attachments (AT discounted price) on all of the items that you want and BYT kits) are not part of this RFP proposal and are available Sourcewell to consider as part of your RFP response. If for separate purchase by our dealer. applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the The model and discount schedule is attached. Full current price document upload section of your response. pages will be submitted upon successful award. Any price changes or model updates will be submitted through the PnP process. 58 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range 59 Describe any quantity or volume discounts or rebate programs that you offer. Quotes are provided to the customer with a discount off of current list price. Quotes are price protected for a period of 30 days as long as a PO is received within that 30 day period. See attached pricing & discount schedule as well as the example quote for our proposal on this RFP. We offer two different volume discounts between our construction equipment (CE) portfolio and our compact construction equipment (CCE) portfolio due to the difference in acquisition costs of the larger construction equipment verses the smaller compact construction equipment. CE: 5-7 machines = 1%, 8-14 machines = 2%, 15+ machines = 3% CCE: 8-14 machines = 1%, 15+ machines = 3% 60 Propose a method of facilitating "sourced" products or Sourced or open market items are not part of our RFP response related services, which may be referred to as "open but we do allow dealers to quote these as dealer provided items market' items or "nonstandard options". For example, you as a separate line item on the quote. Discounts will not be applied may supply such items "at cost' or "at cost plus a to these open market items. Quotes for these products are percentage," or you may supply a quote for each such negotiated directly through the customer and our dealer network. request. 61 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. The following will not be included: 1. Dealer provided goods and services: Non -factory goods and services (third party items) will be quoted by dealer at the customers request. 2. Set-up and installation fees: These charges will be quoted by the dealer and are not part of this RFP. 3. Pre -Delivery Inspection (PDI): A PDI is performed on all new machine purchases to ensure proper fluid levels, check system pressures, verify accurate system operation, and cleaning of the unit prior to delivery. The cost of the PDI is quoted by the dealer and will vary by machine model and complexity. Taxes: Local taxes, if applicable, will be assessed. 62 If freight, delivery, or shipping is an additional cost to the Freight, delivery and shipping are charged to the customer and Sourcewell participating entity, describe in detail the added to the quote as separate line items. complete freiaht, shiaoina. and delivery Droaram. 63 Specifically describe freight, shipping, and delivery terms or Freight, delivery and shipping are charged to the customer and programs available for Alaska, Hawaii, Canada, or any added to the quote as separate line items just as they are for all offshore delivery. participating entities. Travel that occurs by ocean, barge or inland may affect the delivery time of the machine. 64 Describe any unique distribution and/or delivery methods or If a customer has a unique request, we can review at that time, options offered in your proposal. otherwise there are no unique methods offered in this RFP. Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E Table 12: Pricing Offered Item The Pricing Offered in this Proposal is: * Comments 65 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing Sourcewell has become our departments. most valued contract to our dealer network for governmental business. We will continue to use our best available discount schedule to support this contract. Table 13: Audit and Administrative Fee Line Question Item 66 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. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. 67 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract. 68 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* Our dealers are required to participate in a contract sales training class to ensure they are promoting the contract per the Terms and Conditions of our RFP response. Dealers are made aware of how to obtain the effective price date of the contract, so the customer is being quoted accurately. Whenever there is a price change approved by Sourcewell, we communicate that information via our dealer bulletin process and post on our dealer microsite. We also use an automated settlement process where a dealer utilizes a program ID code so that we can accurately capture the sales each quarter for our internal review and submit to Sourcewell for the payment of our admin fee. We will also be launching a new quoting process to simplify the quoting process for many of our dealers to ensure accurate pricing per the terms and conditions of our contract. Upon award of this contract, we track the sales performance of each dealer group across the US and Canada to achieve our market share goals for construction equipment and compact construction equipment in the governmental segments. This has worked well for this contract to date, and we will continue to use this market share metric to keep our dealers accountable for performance. We have had great success growing and expanding the utilization of this contract for all our dealers in the US and Canada and will continue this growth by providing a 0.5% admin fee to Sourcewell on all contract items. Third party attachments or non -contract items (dealer provided items) are not subject to the admin fee. The total calculated admin fee is payable each calendar quarter to Sourcewell. Table 14A: Depth and Breadth of Offered Equipment Products and Services mLiQuestion Response* Ite69 Provide a detailed description of the We will be offering our complete line of construction equipment and compact equipment, products, and services that you construction equipment, as well as base coded attachments. Product families include are offering in your proposal. Articulated Dump Trucks, Backhoes, Compact Track Loaders, Crawler Dozers, Crawler Loaders, Excavators, Compact Excavators, Tractor Loaders, Motor Graders, Skid Steer Loaders, Wheel Loaders and Compact Wheel Loaders. All services including product support, part support, and warranty work will be provided by our authorized dealers and not part of this contract. 70 Within this RFP category there may be N/A subcategories of solutions. List subcategory titles that best describe your products and services. Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item 71 72 73 74 75 76 77 Categor\ or T\pe Wheeled, tracked, and backhoe loaders Motor Graders Wheeled and tracked excavators Bulldozers, compactors, scapers, articulated and rigid haulers Cranes Accessories or attachments for the offering in #71- 75 above Offered r Yes * No c Yes r' No Yes * No r. Yes r No r Yes c No r. Yes r No Technology or services for the offering in #71-75 r Yes above r' No Table 14C: Required Offering of Equipment Comments We do not offer rigid haulers. Compactors are offered on the separate Wirtgen contract. We will be offering base coded attachments at time of whole goods purchase or separately if needed. AT kits and BYT kits (third party attachments) are not part of this contract. ' /ink Telematics, Grade Control, and Slope Control are examples of these technology services that are available as options on certain products. Indicate below if the proposer's proposal includes at least one (1) of the following listed types or classes of equipment. Provide additional comments in the text box provided, as necessary. Line Item 78 79 80 81 Categor\ or Rpe Wheel loader with published net horsepower (HP) of at least 300 HP Wheeled or tracked excavator with a published net horsepower (HP) of at least 150 HP Motor Grader with a published maximum operating weight of at least 30,000 lbs. Rough terrain, all terrain, crawler, floating, lattice, or telescopic crane with a published maximum lifting capacity of at least 300 tons and a published maximum boom length of at least 150 feet Offered c Yes r No c Yes * No r% Yes • No r Yes r No Exceptions to Terms, Conditions, or Specifications Form Comments We offer 4 wheel loaders that meet this spec requirement. We offer 10 excavators that meet this spec requirement. We offer 8 motor graders that meet this spec requirement. 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 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • Pricing - RFP 011723 Model & Discount Schedule.pdf - Monday January 09, 2023 11:48:21 • Financial Strength and Stabilitv - Deere-Co_Annual-Report-2021.pdf - Tuesday November 29, 2022 12:34:40 • Marketing Plan/Samples (optional) • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information - US CAN deere wty stmt.pdf - Tuesday December 06, 2022 10:27:02 • Standard Transaction Document Samples - Sample Sourcewell Quote.pdf - Monday January 09, 2023 11:22:37 • Upload Additional Document - Sustainability Report 2021.pdf - Tuesday November 29, 2022 13:01:16 Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: httos://www.treasurv.aov/ofac/downloads/sdnIiSt..Ddf; 2. Included on the government -wide exclusions lists in the United States System for Award Management found at: httos://sam.aov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC DocuSign Envelope ID: 54FC24D3-8A5A-4541-98A2-44B284ACDC8E 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. - Mark Oliver, Manager, Contract Sales, John Deere Construction Retail Sales 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_5_Heavy_Construction_Equipment_RFP_011723 Tue January 10 2023 08:47 AM Addendum _4_Heavy_Construction_Equipment_RFP_011723 Fri January 6 2023 09:51 AM Addendum_3_Heavy_Construction_Equipment_RFP_011723 Thu December 29 2022 12:33 PM Addendum_2_Heavy_Construction_ Equipment_RFP_011723 Wed December 21 2022 01:49 PM Addendum_1_Heavy_Construction_Equipment_RFP 011723 Thu December 15 2022 09:27 AM Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC 9/25/2023 Dealer Address: PO BOX 7160 FARGG, ND 581 D6-7160 John Deere Construction & Forestry Division 1300 River Drive, Moline, IL 61265 Phone: 309-748-3418 Mobile: 563-946-5027 E-mail: OliverMarkRgJohnDeere.com Mark R. Oliver Manager, Government Sales & Equipment Remarketing Services Reference: 5ourcewell National Cooperative Contract Number: 011723-JDC ("Contract") Contract Validity: May 15, 2023 to April 14, 2027 or as may be extended Eligible Customers: Sourceweil Cooperative members; State and local government agencies, public and private accredited schools, as well as public serving non-profit agencies. John Deere Construction Retail Sales (JDCRS) is the holder of the referenced Contract- Pursuant to the Contract Terms and Conditions, a documented relationship exists between John Deere and its dealer network thereby permitting Dealer to quote, accept purchase orders, order, deliver, and invoice the 5ourcewell Customer provided realer agrees to the following: Compliance: 1. healer agrees to cooperate with JDCRS to comply with all Contract sales and administration requirements. Contract 011723JDC Terms and Conditions are hereby incorporated in their entirety. 2. Clearer bears all contractual responsibility associated with equipment and parts sales to the 5ourcewell member, including post sale warranty and service obligations, in accordance with the Contract. post -sale warranty support includes standard factory warranty as well as any dealer provided extended warranty, same as for a commercial sale. 3. healer hereby agrees to comply with the Certificate of Insurance ("COI") requirement as defined under the Contract and will produce a copy of the certificate if requested by JDCRS. 4. Certain states may adopt Sourcewell byway of a Participating Addendum. In those instances, there may be additional local contract stipulations that must be adhered to in addition to the national contract. Dealer agrees to review state specific requirements, as maybe applicable, and abide by same_ Fees: 1. Dealer shall be responsible for any Contract administration fees due to 5ourcewell and JDCR5 reserves the right to debit dealer's account. NOTE: The administration fee cannot be charged to the customer as a separate line -item charge. it is already accounted for in the discount calculation. Any dealer that is found during an auditor inquiryfrom 5ourcewell to have charged the administrative fee to the customer, will be charged back the full discount on the sale, and could potentially lose access to the 5ourcewell contract for a period of no less than one full calendar quarter. C.s:::isaar;y . Fc� C 2. Any breach of Contract and resulting fines or other penalties assessed by Sourcewell for any dealer irregularities will be the sole responsibility of dealer. if substantiated, JDCRS reserves the right to debit dealer's account for such fines or other penalties, accordingly, Deere reserves the right to pursue any other legal remedy in the event of dealer's acts or omissions. Quoting: 1. Quote training and contract questions should be directed to the Account Manager noted herein. Quotes provided to the customer are required to show: o Itemized quote including all options a Sourcewell discount W Customer name p Customer Sou rcewell member number a 5ourcewell contract# 011-723 ADC 2. Quotes are based on: o The price pages on file with Sourcewell at the time of quote. Quotes are valid for 30 days. * If a Purchase Order is received within 30 days of quote, the quoted price will be price protected if there was a price increase after the original quote. Price protection paperwork is required in this situation with evidence of bid date, quote date and PO received dated. 3. Based Coded Attachments are allowed to be sold separately per the approved discount on the incentive bulletin. 4. Dealer provided, non -contract goods and services, which serve to complete the machine sale, are permitted under the Contract, including without limitation (and as applicable), factory freight, PDI, set-up, extended warranty, local delivery, taxes etc. There is no discount available for these items and are negotiated directly between the dealer and the customer. 5. JDCRS reserves the right to audit dealer's contract sales records for compliance and training purposes, Settlements: 1. Dealer agrees to settle the sale only under the applicable Program 10 as found under the current incentive Bulletin in effect at time of delivery. 2. Dealer agrees to settle the safe in the month in which product is delivered. Program Ellgilale Machines: Under previous Sourcewell contracts, only new, unused equipment was allowed for sale, JDCRS and Sourcewell now allow the sale of John Deere Program Eligible machines. "Program Eligible" opens the contract's machine eligibility to include Demo machines, Training Center machines and Marketing machines that are Market Share and Program Eligible as defined below. Program Eligible Criteria: Never retailed, Less than three years old for compact and midsize machines, Less than four years old for Production Class Equipment (ADT's, 9SO+ Dozers, 470+ Excavators, and 744r 4WD Loaders). wornp=;try l sp Program Eligible Pricing Model: Original List - Contract Discount = Standard Contract Selling Price Standard Contract Selling Price - Depreciation = Program Eligible Selling Price. Depreciation varies based on age, hours, and machine type. Depreciation is negotiated between dealer and customer. Sourceweil Administration Fee will be paid on Standard Contract Selling Price. Failure to adhere to the 10ave requirements will jeopardize dealer -direct selling privileges for at least one full quart Please sign and date below to indicate your agreement, to the terms set forth herein, art dturn an executed original document for our files. r. AAoriz68 Deal r epresentative Signature Print-Na-me: Kent Hoffman Title: Manager, Federal & State Accounts Date: Email: @JohnDeere.com Phone: (309)230-4650 Print Name: Chris Cooper Title: President Date: 9/25/2023 Email: ccooper@rdoequipment.com Phone: 214.687.6654 Dealer's Sourcewell Administration Contact Print Name: Jesse Miller Title: Governmental Support Manager Email: jmiller@rdoequipment.com Phone: 612.202.6906 Company Use (4;D JOHN DEER May 20, 2024 RDO Equipment Co. 5301 Mark IV Pkwy Fort Worth, TX 76131 John Deere Construction & Forestry Division 1300 River Drive, Moline, IL 61265 Phone: 309-748-341 B Mobile: 563-940-5027 E-mail. OliverMarkR@JohnDeere.com Mark R. Oliver Manager, Government Sales & Equipment Remarketing Services RE: RDO Equipment as authorized Sourcewell deafer for John Deere Construction Retail Sales To Whom It May Concern: This letter is to confirm that RDO Equipment Co. and its sales organization supporting the sale of Construction & Forestry equipment for John Deere has completed the John Deere Government Sales Contract Training. As a result, all RDO Equipment Co. dealer locations in Texas are authorized to quote and sell on the John Deere Construction Retail Sales Sourcewell contract for Heavy Construction Equipment, contract #011723-JDC. If you have any questions, please feel free to contact me. Regards, Mar R. Oliver Manager, Government Sales and Equipment Remarketing public Exhibit C - Conflict of Interest Questionnaire 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. J Name of vendor who has a business relationship with local governmental entity. RDO Equipment Co. J ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. 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 CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F7 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? aYes F7No 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. 61 ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 4 4 6�ja "e' endor omg bu P6 with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.0010-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0450 LOG NAME: 13P BLANKET COOPERATIVE AUTHORIZATION FLEET ACQUISITIONS ADK SUBJECT (ALL) Authorize Purchase Agreements with Multiple Vendors for the Purchase of Fleet Vehicles, Off -Road Vehicles, and Other Motorized Equipment up to the Amount of Available Funding in Capital Projects Across Multiple Funds Citywide using Multiple Cooperative Contracts and Interlocal Agreements for Three Years for the Property Management Department RECOMMENDATION: It is recommended that the City Council authorize the execution of purchase agreements with multiple vendors for the purchase of fleet vehicles, off road vehicles, and other motorized equipment up to the amount of available funding in Capital Projects Across Multiple Funds Citywide using multiple cooperative contracts and interlocal agreements for three years for the Property Management Department. DISCUSSION: The Property Management Department's Fleet Acquisitions Division is currently in the process of fulfilling a multi -year backlog of City vehicle and equipment purchases. The biggest challenge in trying to overcome this backlog is the availability of vendors, inventory, and the time it takes for the City to make purchases when vehicles are available. Currently, the City has a backlog of eight (8) years totaling more than $30 million dollars. The City currently has contracts with the following vendors using cooperative contracts: VENDOR �Siddons Martin Emergency Group, LLC �Siddons Martin Emergency Group, LLC �JIIouston Holdings, LLC �Versalift Lake Country Chevrolet North Texas Trailers, LLC Silsbee Ford Associated Supply Company (ASCO) Rogue Jet Boatworks, Inc. Lenco Industries, Inc. Polaris Sales, Inc. Nationwide Trailers, LLC �Crafco, Inc. �0Z0] ;j =1 011%9LTA WI[r] =I2Iwo BuyBoard Houston -Galveston Area Council (HGAC) BuyBoard Sourcewel I The Interlocal Purchasing System (TIPS) Buyboard TIPS BuyBoard General Services Administration (GSA) HGAC Sourcewel I BuyBoard BuyBoard However, due to limited inventory and availability, additional vendors and options are needed. Fleet Acquisitions has already identified twenty-nine additional vendors that are available through cooperatives. Approval of this Mayor & Council Communication (M&C) authorizes the City to execute contracts with any vendor that is currently listed on any valid cooperative that has one or more vehicles or pieces of equipment that is a current need for the City's fleet. This authorization would also include purchases made using Interlocal Agreements with other governmental entities. Fleet Acquisitions recently partnered with the Purchasing Division in an effort to better ensure that the City is able to purchase needed items as quickly and efficiently as possible. The Fleet team meets regularly with key personnel to ensure that specifications are appropriate for the City's fleet, costs are reasonable and acceptable, and that departments are receiving items that meet their business needs. COOPERATIVE PURCHASE and INTERLOCAL AGREEMENTS - State law provides that a local government purchasing an item under a cooperative purchasing agreement or interlocal agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the item. AGREEMENT TERMS - Upon City Council approval of this M&C, the City will have authority to enter into one-time purchase agreements or annual agreements with available vendors for up to three years from the date of approval. At the expiration of three years from the date of approval, the City will seek additional authorization for any necessary contracts at that time. BUSINESS EQUITY - an M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or other public entity. FUNDING - Currently, there is $42,593,019.00 in the City's budget in capital projects across multiple funds citywide for the purpose of funding fleet acquisitions. Prior to each purchase agreement or contract being executed, staff will confirm that funding is available for that purchase and is appropriated for that purpose. All existing contracts shall be amended or terminated to release encumbered funds to ensure that the City is able to make purchases with the vendors that have needed items available for purchase on a rolling basis. No guarantee has been or will be made to any vendor regarding minimum purchases. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the Vehicle and Equip Replacement Fund, W&S Capital Projects Fund, Stormwater Capital Projects Fund, Municipal Airport Capital Proj Fund, Solid Waste Capital Projects Fund, CCPD Capital Projects Fund, ITS Capital Fund, Fleet Capital Projects Fund, Environmental Prot Cap Proj Fund, Tax Note 2019 Fund and Tax Note 2020 Fund to support the approval of the above recommendation for the purchase of vehicles and equipment. Prior to any expenditures being incurred, the Property Management Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517 Dana Burghdoff 8018 Oriainatina Business Unit Head: Reginald Zeno 8517 Steve Cooke 5134 Additional Information Contact: Jo Ann Gunn 8525 Ashley Kadva 2047