HomeMy WebLinkAboutContract 61626CSC No. 61626
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Kinloch Equipment &
Supply, Inc. ("Vendor"), authorized reseller for Vactor Manufacturing under Sourcewell Contract No. 101221,
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 Rental Rates;
3.Exhibit B -Cooperative Agency Contract: Sourcewell Contract No.
101221;and
4.Exhibit C -Conflict of Interest Questionnaire;
Exhibits A-C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. The vendor agrees to provide City with the services and goods included in Exhibit A pursuant
to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. In the event
of any conflict between the terms and conditions of the Exhibits and the terms and conditions set forth in the
body of this Agreement, the terms and conditions of this Agreement will control.
City shall pay the Vendor in accordance with the fee schedule in Exhibit A and in accordance with the
provisions of this Agreement. Total payment made under this Agreement for the first year by City shall not exceed
Three Hundred and Thirty-Six Thousand Dollars ($336,000.00). Vendor shall not provide any additional items
or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves
in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not
specified by this Agreement unless City first approves such expenses in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below
("Effective Date") and expires on November 30, 2024. The City shall be able to renew this agreement for one (1)
one-year renewal option by written agreement of the parties.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the
right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but
not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional
cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor
facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with
the provisions of this section. City shall give the Vendor reasonable advance notice of intended audits.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie
in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division.
Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the attached Exhibits, or
any future Kinloch Equipment & Supply Rental Contracts under this Agreement, require City to waive its rights
or immunities as a government entity, such provisions are hereby deleted and shall have no force or effect.
To the extent the Exhibits, in any way, limits the liability of Vendor or requires City to indemnify or hold
Vendor or any third party harmless from damages of any kind or character, City objects to these terms and any
such terms are hereby deleted and shall have no force or effect.
The City is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of
the Texas Government Code, is self-insured and therefore is not required to purchase insurance. To the extent the
Exhibits require City to purchase insurance, City objects to any such provision, the parties agree that any such
requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or effect.
City will provide a letter of self-insured status as requested by Vendor.
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:
To CITY:
City of Fort Worth
Attn: Jesica McEachern, Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
To VENDOR:
Kinloch Equipment & Supply, Inc.
1300 W Barlett Rd
Elgin, IL 60120
With copy to Fort Worth City Attorney's Office at Facsimile: 847-622-7153
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:
By:
Name: Jesica McEachern
Title: Assistant City Manager
Date: Jul 2, 2024
APPROVAL RECOMMENDED:
By: Lau�en Prieur (Jun 27, 202415:00 CDT)
Name: Lauren Prieur
Title: TPW Director
ATTEST:
By:
Name: Jannette Goodall
Title: City Secretary
VENDOR: Kinloch Equipment & Supply, Inc.
By: JJan iet i7 :Feder/co
Daniel J Federico (Jun 27, 202411:17 CDT)
Name:
Title:
Daniel J Federico
Sales Manager
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By:
Name: Lakeesha Dodson
Title: Sr. Administrative Assistant
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 24-0234 (3/26/24)
Exhibit A
■ �
���� RENTALS
V�iCT`�R ELTiii� TRU�VAC l�STECH
USD funds/Availableto USSourcewell members onlv
SOURCEWELL MEMBER
RATES
Kinlach Equiprnent � Supply, Inc.
763 109th Street p��e ; �
Arlington, TX 76011
Ph:(817)649�5900
Fax:(817}633-7239
www. kinlochequip, cam
R�NTALCONTRACT 6/26/2�k 7;47
Rese�vation: A Ofl0272 Date: 06/26/24 Active: Yes
Cus�ome� : FORT06 k�hone Day :�817) 871-8309
CTTY OF �"ORT WORTH Nigh�: 81.7) 392-8560
PROPERTY MGNMN'� . DEP �'�.x 817 ) 212 - 2 6 8 5
410Q CO�UMBU� '�RAZL
FQRT wqRTH, TX 75133
Job sa.te : MARK BARTA Phone: (817) 392-7790
Notes : VTCENTE ET�TAS: $17-392-5191
Sold By : I.8 TREN'�ON CRUMP Damage Waiv�r: No
P.O. #$ : MARK BARTA
Ui�i.�� €: < , '�1"A,p�.�� '�1.�.�Tp� < I+'1a��, .�TA��'�� ��ra,a�;. ��<;.05`�:'�-��,�;�.&
,,.�_�.��:.�.�.�
ne
Day �. 00 Week �.! 500 . 00 ,,
N��s/��l�r I 1�k� 5(�Q, �� , ,. ,,,
Tota]. o� Rental l�nes: 14,500.
Tax: *
Tota�.: 14, 500.�00�*
Customer is responsible for wear items, unit maint�nance, and cfamages due to operator error 1 accident 1 neglect.
CusEomer also understands the equipment must be returned free of debris and the bady must be cleaned. Excessive cleaning rec�uired io the
inside andlor outside of the unit upon return will be invoicecE to ihe renter. Where applicable, the fuel tank is fuli upon rece'tpt and must be
filled before returning. Cusfomer agrees to all terms and conditions.
Signafure: _ Print:
Date:
Return
Miles: Ff rs;
5ignature:
'�* 8y signing, customer agrees to pay for any damages or repairs by mRsuse during the time unit is in their possession.
Kinlach Eq�ipm�nt has 48hrs fo campleie inspection to determirse if fhere are any repairs needed that are the direct result of cuskomers abuse or misuse.
7C�]RN[S AND COND�7CTONS
1. The properLy leased by this Lease (herein "properCy"), tlie amou�t oP the rental payments and the initial lenn of tlie lease are descri8ed in Schedule A, attached l�ereto and
tnade a part liereof. IF a Security Deposit is requu•ed as sec�u•ity for lhe prompt and Cul[ payinent of tha rent and tlse complete and tunely perfonnance af alI pro visions oi
the lease, those tenns are also shown on Schedule A.
2. Lessee is entitled to flie use, oper�tion, possession and control oFthe leased property diiiing the Lease terin, provided Lessee is not in default of any provision of d5e
Lease. Lessee s3�all em�loy and h�ve absolute conlrol, supervision and responsibil�ty for the operators and use�s oithe property.
3. Lessee must use the leased propei�ty m a carefiil and pmper m�nnes, and never for more tlian 1 D l�ours er da • 50 hours er week or 22fl hours er �nonth. Lessee agrees
t15at the lease propei�Yy wiII be trsed in accordance witl5 any applicable manufachu�er's inanua s or mstructions. essee agrees to renn urse essm� in or all damage
to the property arism� finm any mistrse or negligent act by f,essee, its employees, or its agents.
4. Lessee shall not penmt any leased property to be operated or used 'm violation of any applicable federal, staCe or local sta��ta, ordinance, ��ules or re�ulation relation to tlie
possession, use of mamtenattae of the property. Lessee will mdeitu�ifv and hold Lessor ha�mless fi•om all liabilities, Fnes, or panalties fvr any violatians desci7bed herein.
5. Lessee shall, at Lessee's expense, maintam the property in good meahanical condition and running order, excepting reasonable waar and tear rasulting fro�n the ordinary
use of the propeity. Lassee shall provide all parts, at Lessea s axpense, required to keep the Ieased property in gaod repair. Lessoz• lias na obligation to provide se�vice,
repays vrpati�ts fvr ihe prope�-ty,
6. Any additions or re�lacement of �arts during the lease tenn shall become part of the leased property and are thus owned 6y the Lessor.
7, Lessor is responsible for 'tts own incaine taxes and fi•anchise taxes. All other taxes based on this iease are the responsibility of Lessee, mcluding s�les 1ax, use tax and
personal praperty tax, If any taxing atttliority requu•es Lessor to directly pay any tax wl�ich is the responsibility of Lessee, Lessee agrees to reimburse Lessor For sucli tax
whera tha next rent installanent ie due,
8. Lassca shall reharn fhe propez�ty to the Lessor at tUe end of the lease tenn full of fuel and cleaned inside and out vr appropriate fiiel and cleaning charges will be charged
to tlie leasa.
9. Lessee assumes all risk and liabiliry for d�e loss of or damage to the leased property, For the death of or injwy tv any peison or property of anotlier, and for all oChar risks
and liabilities arising fi•otn the use operation, possession or storage oFihe property. Notliing in tliis Lease autliorizes Lessee or any other person to operate the feased
property so as io impose any lia6i�ity or other ohligation on Lessor.
l6. Lessee agrees to indemnify and hold hannless Lessor, its agenis �nd employees fi•om all claims, loss or damage Lessor may sustain becAuse oE
{a) Loss of or damege to the leased properly by any cause.
tb) Tnjury to, or deat3i of, any person, mcludmg but not limited to agents oF emp[oyees oP Lessee.
11. Damage to any property arismg &om tl�e use, possession, deli�ery, retum, or opera�on of the leased propertyLessee agrees to tnaintain insuranae againsi loss, theft,
damage or desmiction of the leased pro�erty. This insurance is at the I,essee's sole cost but must naane Lessor as msured, addztional insured ar 3oss payee, This insurance
must be in an amount no less that Yhe Strpulated Loss Value shown on Schedule Aff the pro,perty becomes lost, sfolen, dast�oyed vr daxnaged, Lassee shall promptly
notify Lessor And fila all necessary accident reports} including those required by interested msurance companies. Lessee sball pro�nptly promptly daliver to Lessor ull
papers, notioes and doauments delivered lo Lessee ui connect�ott with any claim aoncerning the leased property.
12. Lessee agrees to maintain insurance against ]oss, theft, damage or desuuction of the Eeased properry. This insru�ance is at the Lessee's sole cost but must name Lessor as
insured, additional insured or loss payee. This insurance must be m an amount no less that the Sii ulaYed Loss Vahie shown on Schedule A.
13. Lessee agrees to eairy pi�blic liability, and property da�nage insurancer issued by eompanies satis�actory to Lessor, insuring �lie inierescs of Lessor, Less�e and their
authorized agents and employees agamst all cIai�ns that may arise dui�ng the Lease tenn that are in any way connected witli the ownership, possession, opeiation or use
of the laased property. Th�s insurance wi11 be at the Lessee's sole cost Uut must naine Lessor as an insured or additional insured. The insurance musC be in an ainount
not [ess tUan:
$5Q0,000 Per person
�1,000,000 Pe�• accident
�5DO,OOQ Property damage
i4. Lessee is responsible for any workers' eompensation insurance that may be rec}ui��ed under s�te law.
15, Lessee agrees to fiu-msh to Lessor, no later than five days prior to the date on whicl� tha property is delivered to Lessee, a certificate evidencing the insurance requu•ed
under A:�tecEes 13 and I4, including a provision that the insurer will not cancel or mnterially modi�y the msi�rance excepY al�er 30 days advaaace notice to Lessor,
16. Any failure on the part of the Lessee to procu3•e, cnaintain or renew the re quired inseu�ance �s � de£ault Lessee agrees to �ndemnify and hold l�az�nless Lessor, its agents
and einployees, fi•om any loss, liability or expense caused by Lessee's failure to comply with aither the terms of the insr�rance policy or wifli the tenns and pro�isions of
articles 13 t}u�ough 16.
17. L,essee inay not assign this Lease or any property described in i#. Lessee may assign the rights and benefits of this Lease but only with I,essor's prior writtcn consent.
18. Lessor may declare Lessee in default by giving written notice on the vccurrence of any ot�the following events:
a) Pailure by Lessee to make rental payinents or perfonn any of its obligations under this Lease.
b) Expiration or cancellation of any insurance policy requu'ed by tliis Laase,
c) Lessee's assigmnent ar involuntary transfer of any intereat in this lease not authorized by Article 18 abo�e.
d) Institution by qr against Lassee ofany proceedings in bankniptcy or insolveney, or tlie appointrnent of a receiver or truslce Por the goods and chatlels oPthe Lessee.
19, f tlie Lassee defaults and remains unconected for fi�e days £allowing notice of default from Lessor to Lessee, Lessor may exercise any one or more of the following
reinedies:
�a) Tertnina#ion of the Lease and Lessee's rights hereunder.
b) A declaration that all due but unpaid rent and all other cl�arges under this Lease are due and payAble immediateiy, along wiYh inLerest aC the rate of 1.5% per montU
fi�om the date oinofificalion of the defauli to date oP payment.
(c) Repossession of the properry witliout lega] process, free of all rights vf flie Lessee in the property, By this provision, Lessee expressly atilhorizes Lessor's agent to
enter any premises ownad or controtled by Lessee for the purpose oirepossessing the prvperLy, �,essee spec�ficttlly waives any right Lessee tmght have aristng out
of the enlry and re ossession and releases Lessor from any cla�m of trespass or damage. Lessor and Lessee further agree that Lessor s@aIl have the remedy describcd
in tlais ai�ticle 20 (c� in the cveaC Lessee fails to x•etuin the pa•operty wl�en the lease tenn�natas,
20. ff Lessee dcFaulfs, f,essee shall z•eimburse C,cssor for all ��easonable expenses incun•ed by Lessor in exarcising the re�nedies outlined in .Article 20,
21. On the expnal�on of the ]ease teran, or earlier Lennination, L,essee shall retuz7n the proparly to Lessor in good repau� and working order by:
�a Delivering the property at Lessee's cosi and expense lo a place spcczfed by l,essoz• in tlia city of counry to which it was delivered to Lessee, ar
b� Laad'mg the propei�iy, at Lessee's cosi and expense, on Uoard a can�icr [.cssor ciesi�zaCes and sliipping tl�e proE�ei�ty ta tiie destination designated by Lessor.
22. All notices requ�red to be given under this Lease mast be m writing and eitlxcr personally dclive�•ed ar deposited in the United States mail, %rst class pvsta$e prepaid,
addressed ta the pzu�ty at the address given abuve. Either party may change iC address by giving notice in Cl�is znanner.
23, This Lease may not be a�nended or moditied m any way wiiliout the wr7tten agreement of both partics. This Lcase and d�a attached 5chedule A constitute die entu•e
agreement between tlie parties.
24, This Lease has been executed and delive��ed in the State of Texas and shall be interpreted imder and consl�•ued in accordance with Texas Law. Venue for any dispute
hereunder shall be in Harris County, Texas.
25. Rep�ecement Value ofLTnit: $ �J (,Gf� � (�(�a w (i(� - — _
Executecl tk�xs �{�� day of �, ZU �.
�
I,�SSOI - I ia►locl� � ipEnent & Supply, inc.
LESSEE (Autharized Party}
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
EXHIBIT B 101221-VTR
Sourcewell �
Solicitation Number: RFP #101221
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Vactor Manufacturing, a division of Federal Signal, 1621 South Illinois
St., Streator, IL 61364 (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 Sewer Vacuum, Hydro-Excavation, and Municipal
Pumping Equipment with Related Accessories and Supplies from which Supplier was awarded a
contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 29, 2025, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Supplier's dealers
and distributors must agree to assist the Participating Entity in reaching a resolution in any
dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends
beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier's Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Supplier must permit the Equipment and Products to be
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery. In the event of the delivery of nonconforming
Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax-
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Supplier Development Administrator. This
approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
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• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an
amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government-
owned facilities, including schools. Supplier's employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier's acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONALTERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry-specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum; the terms of which will be negotiated directly between the
Participating Entity and the Supplier. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed in this Contract (such as e-
commerce specifications, specialized delivery requirements, or other specifications and
requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
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• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, supply issues, customer
issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department);
• Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above "Attn: Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier's Authorized Representative is the person named in the Supplier's Proposal. If
Supplier's Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by the
parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party.For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications. Sourcewell's
responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and
license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and
license to use Supplier's trademarks in advertising and promotional materials for the
purpose of marketing Supplier's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in
advertising and promotional materials for the purpose of marketing the Parties' relationship
to Participating Entities. Any sublicense granted will be subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party's trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's trademarks only in good faith and in a dignified manner consistent with
such party's use of the trademarks. Upon written notice to the breaching party, the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims, judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
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The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non-defaulting
party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non-owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer's Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data — including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Supplier or its subcontractors. The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must
require similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Supplier must be in
compliance with all applicable Davis-Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of inechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Suppliers must file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31
U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Supplier that are directly pertinent to Supplier's discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The
right also includes timely and reasonable access to Supplier's personnel for the purpose of
interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to
this Contract or any purchase by an Participating Entity and is not subject to any obligations or
liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter
resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The
Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and
Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a
Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services,
Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and
Participating Entity are able to assess the actual or potential conflict; and provide any additional
information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources
and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it
will comply with applicable requirements of 2 C.F.R. § 200.216.
Rev. 3/2021 17
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
101221-VTR
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies
that during the term of this Contract will comply with applicable requirements of 2 C.F.R. §
200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier's
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell
�ocuSigned by:
.�y s���,
COFD2A139DD6489...
Y�
Jeremy Schwartz
Title: Chief Procurement Officer
Date:
12/20/2021 � 11:51 AM CST
Approved:
DocuSigned by:
lr"�"�, lN"`^� „�
By� 7E42B8F817A64CC...
Chad Coauette
Title: Executive Director/CEO
12/20/2021 � 2:05 PM CST
Date:
Vactor Manufacturing,
a division of Federal Signal
DocuSigned by:
�I�� P�^���
67407721F3A64A7...
By:
David Panizzi
Title: Business Development Manager
Date:
12/20/2021 � 11:57 AM PST
Rev. 3/2021 18
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
RFP 101221 - Sewer Vacuum, Hydro-Excavation, and Municipal
Pumping Equipment with Related Accessories and Supplies
Vendor Details
Company Name:
Does your company conduct
business under any other name? If
yes, please state:
Elgin Sweeper Co.
Elgin Sweeper Co. Division of Federal Signal and Vactor Manufacturing
1300 W Bartlett Rd
Address:
Elgin, IL 60120
Contact: David Panizzi
Email: dpanizzi@elginsweeper.com
Phone: 847-622-7153
HST#: 36-2351764
Submission Details
Created On: Thursday September 16, 2021 12:18:49
Submitted On: Monday October 11, 2021 14:51:07
Submitted By: David Panizzi
Email: dpanizzi@elginsweeper.com
Transaction #: 5f37a299-5bd6-4ac4-aedf-2f1 ad40fd7bc
Submitter's IP Address: 4.28.67.162
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
Specifications
Table 1: Proposer ldentity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your
response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an
explanation).
Line Question Response'
Item
1 Proposer Legal Name (one legal entity only): (In the Vactor Manufacturing (a Division of Federal Signal)
event of award, will execute the resulting contract
as "Supplier")
2 Identiiy all subsidiary entities of the Proposer whose Vactor Manaufacturing; TruVac
equipment, products, or services are included in the
Proposal.
3 Identify all applicable assumed names or DBA names of Vactor Manufacturing; TruVac
the Proposer or Proposer's subsidiaries in Line 1 or
Line 2 above.
4 Proposer Physical Address: 1621 South Illinois St.
Streator, IL 61364
5 Proposer website address (or addresses): www.Vactor.com
6 Proposer's Authorized Representative (name, title, David Panizzi
address, email address & phone) (The representative Business Development Manager
must have authority to sign the "Proposer's Assurance 1300 West Bartlett Rd
of Compliance° on behalf of the Proposer and, in the dpanizzi@vactor.com
event of award, will be expected to execute the resulting 847-622-7153
contract):
7 Proposer's primary contact for this proposal (name, title, David Panizzi
address, email address & phone): Business Development Manager
1300 West Bartlett Rd
dpanizzi@vactor.com
847-622-7153
8 Proposer's other contacts for this proposal, if any No other contacts
(name, title, address, email address & phone):
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
Table 2: Company Information and Financial Strength
Line Question Response �
Item
9 Provide a brief history of your company, including your Aligned with Federal Signal, Vactor Manufacturing works to enhance the cleanliness, safety and well
company's core values, business philosophy, and being of our communities and work places. We are an American manufacturer with over 55 years of
industry longevity related to the requested equipment, product design and manufacturing experience. Vactor Manufacturing is a recognized leader in high
products or services. quality sewer cleaning and hydraexcavation solutions.
10 What are your company's expectations in the event of We would expect to continue cooperation with Sourcewell as we work to serve its membership and
an award? work to provide effective and simple solutions for environmental cleaning challenges. This would include
Sourcewell commitment to expand membership and promotion of their contracts to support their
contract holders. We have over a decade of cooperation and growth working together with Sourcewell
and their members, and we would work together to continue serve the membership with the latest
advances in sewer cleaner and hydro excavator designs and product offerings.
11 Demonstrate your financial strength and stability with Vactor is the clear leader of our industry in North America. Our growth over the past 15 years has
meaningful data. This could include such items as necessitated two, multi-million dollar factory expansions. The most recent concluding in 2020.
financial statements, SEC filings, credit and bond Vactor is a subsidiary of Federal Signal - a publicly traded company with more than $1.2 billion in
ratings, letters of credit, and detailed reference letters. revenue last year. The link shown here can be used to access the latest quarterly reports as well as
Upload supporting documents (as applicable) in the other financial related topics and will clearly show Federal Signal's financial strength and stability.
document upload section of your response. https//:wuwv.federalsignal.wm/annual-quarterly-reports
12 What is your US market share for the solutions that Our industry is a non-reporting industry. Therefore, no independent data of market share exists.
you are proposing? Based on our market knowledge and across all sewer cleaning and hydro excavation
model/technologies, we believe our aggregate market share to be approximately 40%.
13 What is your Canadian market share for the solutions Again, we do not have empirical data supporting market share in Canada but our research shows that
that you are proposing? we have approximately 32% market share across all types of sewer cleaning and hydro excavation
technologies.
14 Has your business ever petitioned for bankruptcy Vactor Manufacturing and Federal Signal Corp. have never been the subject of a bankruptcy action.
protection? If so, explain in detail.
15 How is your organization best described: is it a We are a manufacturer. We have a network of third-party dealerships across North America that are
manufacturer, a distributor/dealer/reseller, or a service trained to sell and service our products. The dealerships are specifically contracted and trained to
provider? Answer whichever question (either a) or b) represent our products in their local areas. We also have Regional Sales Reps (located throughout N.
just below) best applies to your organization. America) that support the sales process and are available to meet and work with end-users. We
a) If your company is best described as a also have a Field Service and Support team. They too are located within their regions, and are
distributor/dealer/reseller (or similar entity), provide your dedicated to support our dealers and their efforts to ensure customer satisfaction with our products.
written authorization to act as a The Regional Sales Reps and the Regional Service and Support Reps are employees of the company.
distributor/dealer/reseller for the manufacturer of the
products proposed in this RFP. If appiicable, is your
dealer network independent or company owned?
b) If your company is best described as a
manufacturer or service provider, describe your
relationship with your sales and service force and with
your dealer network in delivering the products and
services proposed in this RFP. Are these individuals
your employees, or the employees of a third parry?
16 If applicable, provide a detailed explanation outlining All of our contracted dealers are required to have valid state equipment dealer license. All of our
the licenses and certifications that are both required to dealers must comply with this requirement as part of their contract with us.
be held, and actually held, by your organization While not required, Vactor is ISO 9001 and 14001 certified. ISO is the International Standards
(including third parties and subcontractors that you use) Organization and being certified means that we have policies and procedures commensurate with our
in pursuit of the business contemplated by this RFP. business (heavy manufacturing) and that we adhere to those policies, procedures and quality
standards. We are audited annually.
17 Provide all "Suspension or DebarmenY' information that None
has applied to your organization during the past ten
years.
Table 3: Industry Recognition 8� Marketplace Success
Line Question Response `
Item
18 Describe any relevant industry awards or recognition Vactor Manufacturing received the Chicago Innovation Award for the Paradigm Hydro Excavation unit
that your company has received in the past five years in 2016.
19 What percentage of your sales are to the Approximately 62%
governmental sector in the past three years
20 What percentage of your sales are to the education Less than 1°/
sector in the past three years
21 List any state, provincial, or cooperative purchasing We as a manufacturer do not hold any additional state or provincial purchasing contracts - only our
contracts that you hold. What is the annual sales current Sourcewell contract. However, a number of our local dealers do hold state or local
volume for each of these contracts over the past three purchasing contracts which they service. We do not have access to the detailed sales volumes
years?
22 List any GSA contracts or Standing Offers and Supply We service a GSA contract (47QMCA18DOo0E) that is administered through our dealer in Maryland.
Arrangements (SOSA) that you hold. What is the Annual sales volumes are unknown.
annual sales volume for each of these contracts over
the past three years?
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
Table 4: References/Testimonials
Line Item 23. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name' Contact Name" Phone Number'
Hampton Roads & Sanitation District (HRSD) John "JJ" Jones (757) 460-7069
member #46762
City of Nortolk, VA Steve Patterson (757) 441-5700
member #50225
City of Wheaton, IL Sam Webb 630-260-2119
Fleet Supervisor
Orange County Utilities, Nathaniel Haney (407) 883-9574
member ID 141910
City of Chesapeake, Mike Colgan (757) 382-3321
member ID 52040
Table 5: Top Five Government or Education Customers
Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the
entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.
Entity Name Entity Type " State I Province' Scope of Work ` Size of Transactions " Dollar Volume Past Three
Years "
Confidential Government Illinois-IL Purchase of Sewer Cleaning and/or We are a public company and We are a public company and
Hydro Ex. Eq. this is confidential information this is confidential information
Confidential Government Illinois-IL Purchase of Sewer Cleaning and/or We are a public company and We are a public company and
Hydro Ex. Eq. this is confidential information this is confidential information
Confidential Government Illinois-IL Purchase of Sewer Cleaning and/or We are a public company and We are a public company and
Hydro Ex. Eq. this is confidential information this is confidential information
Confidential Government Illinois-IL Purchase of Sewer Cleaning and/or We are a public company and We are a public company and
Hydro Ex. Eq. this is confidential information this is confidential information
Confidential Government Illinois-IL Purchase of Sewer Cleaning and/or We are a public company and We are a public company and
Hydro Ex. Eq. this is confidential information this is confidential information
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
Table 6: Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address
in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector,
whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Line Question Response `
Item
25 Sales force. Vactor/TruVac has ten Regional Sales Managers (RSMs) tasked with supporting our dealer's sales
efforts. The RSMs set sales targets and are involved in the end-user sales process as needed. The
RSMs report to a Director of Municipal/Governmental Sales who reports to a Group level Vice President
26 Dealer network or other distribution methods. Our dealer network consists of 34 dealer entities with over 70 location throughout North America. All
dealers are assigned an area of responsibility that cover all of the US, Canada and the US
Territories. Total dealer sales reps/territory managers for North American total over 230.
27 Service force. Internally, Vactor/TruVac has an Inside Service organization with eight technical reps that support our
dealer's daily need for technical support. We also have four Regional Service and Support Managers
(RSSMs) that live and work with specific dealers within their assigned regions to provide warranty
support, training, consultation and end-user interaction. All of our internal reps support approximately
225 dealer technicians tasked with providing end-user service.
28 Describe the ordering process. If orders will be Sourcewell members will order through their local dealer who will, in-turn, place an order with us. Our
handled by distributors, dealers or others, explain the dealer will be responsible for assisting the member with equipment configuration recommendations and
respective roles of the Proposer and others. providing a detailed proposal/quotation to the member. Once the sewer cleaner/hydro excavation unit is
manufactured and delivered to our dealer, they will be responsible for preparing, delivering, training and
supporting the end-user's needs with the equipment. History is showing that Vactor dealers are
knowledgeable, experienced and anxious to use our Sourcewell contract.
29 Describe in detail the process and procedure of Customer Service starts from the delivery process with equipment installation/operation training. Shorty
your customer service program, if applicable. after delivery, we request a customer satisfaction survey be filled out so we can understand the level of
Include your response-time capabilities and satisfaction from product quality, to dealer support and overall product satisfaction. Any negative
commitments, as well as any incentives that help responses are recorded and assigned to a field rep for appropriate follow-up.
your providers meet your stated service goals or All Vactor Dealers have trained and certified technicians with the vast majority of dealers providing road
promises. (go to customer location) service complete with well-equipped service trucks. This allows for quicker
support of possible inoperative vehicles. Also, at Vactor we have a 24-hour toll free helpline that is
staffed by factory personnel. The objective is to provide an immediate contact and response for both
our dealers and end-user customers. Lastly, we support our products with a comprehensive warranty that
is provided through our trained dealer network. Our philosophy is that quality products with high-levels
of service support will ensure the best value for our customers - this, in turn, will create their desire to
continue their business relationship with Vactor and our dealers.
30 Describe your ability and willingness to provide your Our dealer network allows us to sell and service our products throughout all of North America. Our
products and services to Sourcewell participating dealers are assigned geographic areas (or territories) of responsibility that include all states and
entities in the United States. provinces. The assigned territories are listed in the dealer contract.
31 Describe your ability and willingness to provide your We support, service and actively pursue business opportunities with all Canadian entities that use sewer
products and services to Sourcewell participating cleaner and/or hydro excavators.
entities in Canada.
32 Identify any geographic areas of the United States We will service all geographic areas of the US and Canada
or Canada that you will NOT be fully serving through
the proposed contract.
33 Identify any Sourcewell participating entity sectors We will service any and all Sourcewell participating entities.
(i.e., government, education, not-for-profit) that you
will NOT be fully serving through the proposed
contract. Explain in detail. For example, does your
company have only a regional presence, or do other
cooperative purchasing contracts limit your ability to
promote another contract?
34 Define any specific contract requirements or Hawaii, Alaska and the US Territories are serviced the same as other states. We have dealers that are
restrictions that would apply to our participating contractually assigned these geographic regions.
entities in Hawaii and Alaska and in US Territories.
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
Table 7: Marketing Plan
Line Question Response �
Item
35 Describe your marketing strategy for promoting We advertise our Sourcewell contract at trade shows, on our public website, on our marketing collateral and
this contract opportunity. Upload at our internal dealer events. We invite our Sourcewell Contract Administrator to attend and participate at our
representative samples of your marketing trade shows and internal dealer sales training events. We have facilitated contract training with both our
materials (if applicable) in the document Regional Sales Managers and dealerships. We encourage our dealers to attend and network at Sourcewell
upload section of your response. sponsored events like GTKU and Sourcewell University.
36 Describe your use of technology and digital Vactor utilizes a number of social media platforms to inform and communicate with the public and our
data (e.g., social media, metadata usage) to followers. Our Marketing Communications Group does an excellent job of utilizing these technologies to
enhance marketing effectiveness. promote our products and keep our users informed of whaYs happening. We use Facebook, Linkedln, You
Tube and Twitter to keep users and followers up-to-date with the latest product releases including videos;
application specific information, new option availability (to enhance the functionality), and the latest press
releases. Our website allows users to connect to information including our Sourcewell relationship and contract
information.
37 In your view, what is Sourcewell's role in We would expect Sourcewell to promote our contracts to their membership as a way to simplify the
promoting contracts arising out of this RFP? procurement process and that membership understands that contract holders are part of an elite group of
How will you integrate a Sourcewell-awarded product/solution providers that have proven to be reputable and responsive to member's needs. We expect
contract into your sales process? that Sourcewell works to continue to expand membership so that additional entities would be able to
experiences the benefits for all parties.
Our Sourcewell contract is currently well integrated within our sales process. Our RSMs, as well as our
dealers, have been trained in using our contract as a preferred method of selling/procuring our products. Our
dealers currently have the ability to create Sourcewell compliant proposals/quotes within our on-line configurator
and ordering tool. By making a simple selection (check box) within our CPQ tool a dealer sales rep can
create a proposal that is compliant with our Sourcewell contract. The tool applies the appropriate pricing,
contract information, inserts the approved Sourcewell logo and tracks orders for reporting purposes.
38 Are your products or services available We do not have an e-procurement system for end-customer use. However, we do have an on-line product
through an e-procurement ordering process? If configuration and ordering tool that our dealers use to configure customers specific units and place orders
so, describe your e-procurement system and with us. Our dealers use this on-line tool to prepare Sourcewell compliant proposal/quotes for members and
how governmental and educational customers then to place that Sourcewell order upon award.
have used it.
Table 8: Value-Added Attributes
Line Item Question Response �
39 Describe any product, equipment, We offer training at several levels. Initial training is basic installation training and is provided by our dealers at
maintenance, or operator training or shortly after delivery of a new sewer cleaner/hydro vac as agreed to with customer. This would include basic
programs that you offer to Sourcewell operation, cleaning and maintenance training. This is generally free of charge unless the member requests
participating entities. Include details, such multiple sessions or more in-depth training that requires more time. This initial training is considered standard
as whether training is standard or or can be optionally upgraded if a deeper level of training is desired.
optional, who provides training, and any We also offer product model specific maintenance training at the factory. This covers multiple days and is also
costs that apply. free of charge with the only costs being travel and hotel accommodations if needed. Dealers usually assist the
member/customer with registration for this training.
40 Describe any technological advances that Available on our Vactor 2100i combination units we offer a patented Rapid Deployment Boom (RDB). This
your proposed products or services offer. feature provides for significantly improved productivity in reduced set-up times and also reduces need for
operator set-up/breakdown frequency for improved safety and reduced fatigue. Our standard advanced Intui-
Touch control system is ergonomically designed that allows for safe and easy interactive control interface. We
have also introduced a water-recycler option that again greatly improves productivity while reducing water
consumption in the line cleaning process.
On our TruVac products we have optional Dig-Right technology (also patented) that allows the operator to set
pressure limits to ensure safe digging practices.
41 Describe any "green" initiatives that relate Vactor is ISO 14001 certified (environmental management) which speaks to our environmental management
to your company or to your products or commitment at our factory.
services, and include a list of the Also, the water recycler option mentioned in line item 40 provides for significantly reduced water usage.
certifying agency for each. Lastly, all of our units are now single-engine operation which eliminates the need for an auxiliary engine to
drive air-flow for cleaning. This significantly reduces emission and need for secondary engine maintenance.
42 Identify any third-parry issued eco-labels, ISO 14001 would be the only third-parry issued certification related to environmental management. However, as
ratings or certifications that your company mentioned above, we are certainly focused on energy e�ciency/conservation. I would go as far as saying that
has received for the equipment or we are a leader in developing and providing environmentally beneficial solutions including using alternative fuels
products included in your Proposal related such as CNG.
to energy efficiency or conservation, life-
cycle design (cradle-to-cradle), or other
green/sustainability factors.
43 Describe any Women or Minority While Vactor does not qualify under any of these business headings, several of our partner/dealers do. This
Business Entity (WMBE), Small Business includes WMBE and SBE. This is not a requirement of our dealedpartners and therefore access to
Entity (SBE), or veteran owned business documentation is not readily available.
certifications that your company or hub
partners have obtained. Upload
documentation of certification (as
applicable) in the document upload
section of your response.
44 What unique attributes does your We offer a variety of combination, jetter only or vacuum only sewer cleaner solutions that can be tailored to
company; your products, or your services specific member requirements. We have a large selection of optional content that allows for customization for
offer to Sourcewell participating entities? specific applications as well as the ability to provide specialized (engineered) solutions that may require unique
What makes your proposed solutions attention/design.
unique in your industry as it applies to Our excavation products also are available in various sizes with the ability to excavate with water or air. Our
Sourcewell participating entities? products are also supported by a seasoned dealer network that is trained with the capability of supporting
users throughout North America.
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
Table 9A: 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.
Lineltem Question Response"
45 Do your warranties cover all products, parts, and labor? Yes
46 Do your warranties impose usage restrictions or other No usage limitation. Standard warranty is for 1 year bumper-to -bumper exclusive of wear
limitations that adversely affect coverage? items such as noules.
47 Do your warranties cover the expense of technicians' travel Yes
time and mileage to perform warranty repairs?
48 Are there any geographic regions of the United States or Our dealer wntracts require that they provide service for all customer within their area of
Canada (as applicable) for which you cannot provide a responsibility. This would of course include Sourcewell member customers. In very rare
certified technician to perform warranty repairs? How will situations and with the agreement of the customer, authorizations for a specific customer to
Sourcewell participating entities in these regions be provided pertorm their own warranty repair can be given. Vactor and our dealer would support this by
service for warranty repair? providing parts, work instructions and compensation at pre-established rates. Authorization
would only be given if the required repair is considered relatively easy to accomplish and
did not present any risk for the customer.
49 Will you cover warranty service for items made by other Our warranty covers all items with the exception of engines, truck chassis, tires and other
manufacturers that are part of your proposal, or are these components that carry their own manufacturers warranty. These items are typically supported
warranties issues typically passed on to the original by local dealer facilities. Any items/components that do not have local service would be
equipment manufacturer? cover by Vactor and our dealers. We have been know to assist our end-user by leveraging
our contacts with engine and chassis manufacturers and dealers.
50 What are your proposed exchange and return programs and It is extremely rare that we would need to exchange or have a product returned. If one of
policies? our sewer cleaners was determined to be wrong for a specific customer need/application, we
would work with them to modify or exchange a product for one that would work better.
Ultimately, we are all better off if the customer is satisfied with their product - thaYs what we
work toward.
51 Describe any service contract options for the items included We are not specifically offering service contracts with this proposal. However, most of our
in your proposal. dealer offer a variety service contract options and service specials. The offerings can be
from full-service turnkey parts and service solutions to specific targeted specials. These are
dealer specific.
Table 9B: Performance Standards or Guarantees
Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may
upload representative samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the
questions below.
Line Question Response'
Item
52 Describe any performance standards or guarantees To ensure that our products are supported in a timely manner we offer a bumper-to-bumper, 1-year
that apply to your services standard warranty (exclusive of wear parts). We have a nation wide/North American service network
with all dealer connected via our service network software (providing specific unit service history and
service/recall information). We also have a 24-hour hotline to assist both dealers and end-user with
diagnosis and troubleshooting information.
53 Describe any service standards or guarantees that Several months after delivery of each new unit we send out a Customer Satisfaction Survey asking for
apply to your services (policies, metrics, KPIs, etc.) feedback in the areas of product quality, pertormance, level of satisfaction with their dealer experience
and overall product. Any negative mark or comment is recorded and assigned for follow-up. The scores
are tallied in the form of a Customer Satisfaction Index (CSI) score. Several quality and service
pertormance measures are tied to the CSI. This helps us understand the voice of the customer and
ensures that we are monitoring quality, pertormance and overall customer satisfaction at the
manufacturer level.
Table 10: Payment Terms and Financing Options
Line Question Response `
Item
54 Describe your payment terms and accepted payment Payment terms are established between the Vactor dealer and the Sourcewell member. Generally, this is net
methods? 15 or net 30-days. However, our dealers do much of their business municipally and understand that some
entities need to apply different payment terms. Most of the time the specific member requirements can be met "
if within reason.
The standard payment terms between our dealer and us is net 30-days.
55 Describe any leasing or financing options available for Again, leasing and financing options are determined between the Vactor dealer and the Sourcewell member.
use by educational or governmental entities. All of our dealers offer some type of leasing and/or financing option. This is usually with a third-party that we
or they have established relationships with. We often recommend NCL and many of our dealers have an
established relationship with NCL and use NCL's Sourcewell contract solution for lease/financing options.
56 Describe any standard transaction documents that you We do not have a standard transaction document that is provided to the end-user/member. Typically, the
propose to use in connection with an awarded contract entity issues a purchase order to our dealer based on a Sourcewell proposal/quote that is generated through
(order forms, terms and conditions, service level our configurator tool. The dealer submits the "quote" to us as an order once the member issues a PO. We,
agreements, etc.). Upload a sample of each (as in turn, issue an electronic acknowledgement document to the dealer confirming what was ordered. This is
applicable) in the document upload section of your our standard process today, for all orders, and Sourcewell orders fit nicely within our existing process. I am
response. including example document in the upload section.
57 Do you accept the P-card procurement and payment The payment process for members is a transaction between Sourcewell member and Vactor dealer. I do not
process? If so, is there any additional cost to believe P-card transactions are used. We (Vactor) do not accept P-card payments from our dealers.
Sourcewell participating entities for using this process? We have no hidden or undisclosed costs.
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of
an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line question Response"
Item
58 Describe your pricing model (e.g., line-item discounts or product-category We are offering our full-line of sewer cleaners and hydro-excavators. Our pricing
discounts). Provide detailed pricing data (including standard or list model is a 3% discount from list price on all VactodTruVac manufactured products
pricing and the Sourcewell discounted price) on all of the items that you (and options) exclusive of chassis and freight (from factory to dealer location) costs.
want Sourcewell to consider as part of your RFP response. If applicable, We are also offering the rental of our sewer cleaners and hydro-vacs. Rental rates
provide a SKU for each item in your proposal. Upload your pricing apply across the US and Canada (in Canadian dollars). The rates provided on the
materials (if applicable) in the document upload section of your response. rental rate sheets are the Sourcewell member's price.
We will also offer used sewer cleaners and hydro-vacs, primarily from our rental
fleet. These are generally late model year and because of various usage and
condition of specific units, the pricing will be a negotiated and agreed to price
between the member and the Vactor dealer. This allows members a method of
obtaining quality equipment at a much lower initial acquisition cost.
59 Quantify the pricing discount represented by the pricing proposal in this For new equipment a 3% discount from list price applies. This discount applies to
response. For example, if the pricing in your response represents a all Vactor/TruVac manufactured content including options.
percentage discount from MSRP or list, state the percentage or The rental pricing is a pre-established rental rate and is consistent throughout the
percentage range. US and Canada. These rates are at the lower end of the regional rate study that
was conducted to determine appropriate and consistent rental rates.
Used equipment pricing will be negotiated and agreed to between member and
Vactor dealer.
60 Describe any quantity or volume discounts or rebate programs that you Additional volume discounts may be considered on a case-by-case basis.
offer.
61 Propose a method of facilitating "sourced" products or related services, Sourced products or open market items fall into three categories for us. This
which may be referred to as 'bpen markeY' items or "nonstandard could be items that would be provided by our dealer. The items in this category
options°. For example, you may supply such items "at cosY' or "at cost would be quoted by our dealer to the member and could include items such as
plus a percentage," or you may supply a quote for each such request. special radios, decals or exterior wraps, lighting, and other dealer installed
accessories. These items would not be subject to the 3% discount.
Also included in this category would be unique equipment or options that would be
designed, manufactured or procured and installed by Vactor. This is common for
us and would be handled through our RFQ/Specials process. This allows us to
provide a unique (off price list) solution for our customers and would be priced
consistently with the 3% discount from list price. Our "Special" solution would be
included in the Sourcewell proposal/quote.
The last category would be factory supplied chassis. Because most of our
products
are mounted and integrated to a commercial chassis, we work with commercial
chassis manufacturers and their local dealers to provide chassis specifically
engineered for Vactor/TruVac equipment-mounting and use. We typically get
favorable pricing from the manufacturer/dealer because of our volume. These
chassis are very competitively priced and specifically designed for use with our
sewer cleaners/hydo vas. This is the easiest, least risky, and most often cost-
effective turnkey solution. Because chassis availability/inventory is inwnsistent and
lead times vary significantly, we do not provide
chassis pricing. Our dealers will provide chassis quote through at the time a
Sourcewell quote/proposal is being developed - the 3% discount does not apply to
chassis that we or our dealers provide. Supply of chassis is currently constrained.
62 Identify any element of the total cost of acquisition that is NOT included Additional costs not included with our submittal would include dealer charges for
in the pricing submitted with your response. This includes all additional items such as pre-delivery inspection and unit preparation, local freight charges,
charges associated with a purchase that are not directly identified as additional training above and beyond initial training at or shortly after delivery.
freight or shipping charges. For example, list costs for items like pre- Also, as mentioned above, any dealer installed item would not be identified in our
delivery inspection, installation, set up, mandatory training, or initial price sheets but would be identified in the member's Sourcewell proposal/quote.
inspection. Identify any parties that impose such costs and their
relationship to the Proposer.
63 If freight, delivery, or shipping is an additional cost to the Sourcewell The freight from our factory to the local dealer facility would be included with the
participating entity, describe in detail the complete freight, shipping, and Sourcewell quote but not subject to the 3% discount. Freight is a pass thru cost
delivery program. and not a profit item for us. Local freight and delivery, however, is handled by
our local dealers and is not specifically listed in our response. This cost would
be additional and should be listed on the member's pricing quote (often listed as
part of the PDI process). This price would also vary by dealer and complexity of
local shipping requirements.
64 Specifically describe freight, shipping, and delivery terms or programs Alaska, Hawaii, Canada or other "offshore" delivery requirement would include a
available for Alaska, Hawaii, Canada, or any offshore delivery. special quote from us. With offshore shipping requirements we typically
containerize the product, deliver to a wastal port via truck and then load the
container to a boat for delivery to location. This usually requires additional handling
charges including protective coatings and dock charges. These charges can vary
and would be disclosed in a member's proposal/quote.
65 Describe any unique distribution and/or delivery methods or options We have a dedicated traffic department which is tasked with arranging any unique
offered in your proposal. delivery requirement. This is their focus and the department is knowledgeable and "
skilled at finding competitively priced shipping options that best meet requirements.
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
Table 12: Pricing Offered
;me IThe Pricing Offered in this Proposal is: �
c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
Table 13: Audit and Administrative Fee
Comments
The pricing offered for our
complete line of sewer cleaners
and hydro vacs for this Sourcewell
proposal is better than what we
typically offer for other purchasing
contracts. It is possible that a
dealer may offer a lesser price for
a specific deal or customer but
that is generally without our input.
Line Question Response'
Item
67 Specifically describe any self-audit process or program that you plan to employ Currently, we require our Regional Sales Managers to report Sourcewell
to verify compliance with your proposed Contract with Sourcewell. This process Sales (using the provided Sourcewell template) on a quarterly basis. Late
includes ensuring that Sourcewell participating entities obtain the proper pricing, last year we refined and simplified that process by allowing our dealers to
that the Vendor reports all sales under the Contract each quarter, and that the select "Sourcewell" within the CPQ/ordering tool and that would
Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail automatically apply the appropriate pricing. This also allows us the ability
to support your ability to report quarterly sales to Sourcewell as described in the to track Sourcewell deals in our CPQ/on-line ordering tool. Each RSM
Contract template. now has the ability to view all sales, by specific dealer and region and
can query for Sourcewell specific sales. By tracking sales within our CPQ
ordering tool, we can verify "Sourcewell" sales and obtain the other
required reporting details including transaction price.
Once RSMs submit their territory Sourcewell sales reports, they are
reviewed and reconciled by our Controller. Once approved, I submitted
the quarterly report as required and our Controller initiates payment.
68 If you are awarded a contract, provide a few examples of internal metrics that Quarterly sales are reviewed and compared to the previous year's
will be tracked to measure whether you are having success with the contract. quarterly results and are also reviewed as a percentage of overall sales.
As Business Development Manager, I am task with ensuring growth
targets are achieved specific to several business development objectives
that are set. This includes overall Sourcewell Sales increases. I am also
charged with ensuring compliance to requirements.
69 Identify a proposed administrative fee that you will pay to Sourcewell for As with past contracts, we propose a 0.5% administrative fee exclusive of
facilitating, managing, and promoting the Sourcewell Contract in the event that chassis pricing and freight. We remove chassis pricing and freight as
you are awarded a Contract. This fee is typically calculated as a percentage of these items are not profit generating but rather cost items.
Vendor's sales under the Contract or as a per-unit fee; it is not a line-item This fee will be paid by us (Vactor) and is not a line item past on to the
addition to the Member's cost of goods. (See the RFP and template Contract for member.
additional details.)
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line Question Response"
Item
70 Provide a detailed description of the equipment, We are offering for purchase or rental our full line of combination sewer cleaners, jetters, catch basin
products; and services that you are offering in your (sewer vacuums) and our hydro and air excavation products. This includes multiple sizes/capacities
proposal. for combination sewer cleaners, truck mounted jetters and catch-basin (vacuum) units. Also, trailer
mounted jetters and and various sized hydro and air excavation units under our TruVac brand name.
Also included is our Liquid Vacuum Tanker (LVT) that is a simple water/sludge pump designed for
vacuuming refuse/dirty water, containing and transporting that material.
71 Within this RFP category there may be subcategories Combination Sewer Cleaners (various capacities) mounted on appropriately sized class 8 truck
of solutions. List subcategory titles that best describe chassis; Catch Basin (vac only) units; Truck-Mounted Jetter and trailer-mounted Jetters; Various sized
your products and services. Hydro and Air Excavation units mounted on appropriately sized truck chassis; and Liquid Vacuum
Tanker (LVT) trucks.
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
Table 146: Depth and Breadth of OfFered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box
provided, as necessary.
Line Category or Type Offered " Comments
Item
72 Sewer vacuums or combination sewer cleaners r. Yes Full-line of various sized/capacity combination sewer cleaners (2100i-series)
C' No also available with alternative fuel. Also straight catch-basin (sewer vacs)
units.
73 Hydro or air excavation equipment r. Yes Full-line of various sized, truck-mounted Hydro and Air excavation units.
r No
74 Jetters and rodders � Yes Various sized jetters including both truck and trailer-mounted units.
r No
75 Dewatering, mud, trash, and centrifugal pumps C' Yes Straight trash pumps are not part of our offering.
r. No
76 Pumps used in lift stations, sewage treatment, water � Yes Our LVT units (TruVac Jackal) can be used in treatment facilities to assist
treatment, or water collection facilities � No with cleaning.
77 Accessories, supplies and replacement or wear parts r Yes Service parts and supplies are not included in our proposal.
related to the offerings above. r: No
Table 15: Industry Specific Questions
Line Question Response `
Item
78 Describe any product or equipment features that improve All our products include single button Emergency Stops (E-Stops) at all human-machine
operator safety. intertaces to allow for rapid shutdown of operation. Our Rapid Deployment Boom (RDB)
eliminates the need for repeated operator actions for set-up and breakdown throughout the
workday. Our Dig-Right technology will automatically control pressure settings to avoid
damaging underground utilities that would cause unsafe working conditions. We also have
auto Water Shut Off (WSO) on the digging lance on our hydro ex units to provide an
extra layer of safety for operators.
79 Describe any product or equipment innovations that increase Our RDB 10x15 boom, as previously described, significantly improves productivity. Our
uptime and operator productivity. water recycler option significantly reduces the need to fill-up with fresh water thus providing
for greater productive time. The Dig-Right option on our Vacuum Excavators allows greater
productivity by automatically adjusting pressures to digging conditions.
Table 16: Exceptions to Terms, Conditions, or Specifications Form
Line Item 80. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a
Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract
section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and
proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.
Contract Section Term, Condition, or Speci£cation Exception or Proposed Modi£cation
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."
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
• Pricina - Vactor TruVac Pricing files.zip - Monday October 11, 2021 09:49:16
. Financial Strength and Stability - fss_2020 10k.pdf - Thursday October 07, 2021 11:17:49
. Marketing Plan/Samples - 2021 Vactor Facebook - Sourcewell.pdf - Thursday October 07, 2021 11:19:56
• WMBE/MBE/SBE or Related Certificates (optional)
• Warranty Information - Vactor and TruVac Warranty.zip - Thursday October 07, 2021 11:23:13
• Standard Transaction Document Samples - Vactor Transaction example.zip - Thursday October 07, 2021 11:23:02
• Uoload Additional Document - Fed Sig Elgin Vactor-Sourcewell-COI 2022.pdf - Thursday October 07, 2021 11:18:26
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
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 pertorming the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized
agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms,
conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver
such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell
Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an
awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety.
Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is
awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a"trade
secret," and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States
Department of the Treasury found at: https://www.treasur�gov/ofac/downloads/sdnlist.pdf;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at: httbs://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota;
the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it
nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the
Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not
be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - David Panizzi,
Business Development Manager, Vactor Manufacturing
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.
� Yes r. No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
DocuSign Envelope ID: CC12F943-29AC-4FFE-8A38-51F01A909E38
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
Addend um_3_Sewer_Vac_Hydro-Excavatio n_Pu m ps_RF P_101221
Thu September 30 2021 03:29 PM
Addendum 2 Sewer_Vac_Hydro-Excavation_Pumps_RFP_101221
Fri September 10 2021 02:40 PM
Addend um_1 _Sewer_Vac_Hydro-Excavatio n_Pum ps_RFP_101221
Thu August 26 2021 05:40 PM
I have reviewed the
below addendum and pages
attachments (if
applicable)
r �
r
r
Bid Number: RFP 101221 Vendor Name: Elgin Sweeper Co.
EXHIBIT C
C�NFLICT OF INTERES� C�UESTIONNAIRE FORM CIQ
For ►►endor doing business witi� local governmental entity
This questionnaire reflects changes made to the law hy M.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY
7his questionnaire is being filed in accordance with Chapter 176, Local Governm�nt Code, 6y a vendor who Date Received
�as a business relatianship as defined by Sectian 176.001{1-a) wikh a local governmenlal entiiy 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 noi fater
ihan the 7th business day after the date the vendor becomes aware of faots that require the statemani ta be
filed. 5ee Section 176,006(a-1), Local Govarnment Cod�.
A vendor commiis an offense if the vendor knowingly violates 5ection 176.006, Local Gov�rnment Code. An
offense �nder this section is a misdemeanor.
1 Name of vendor who has a business relakionship with local go�ernmental entity.
��)l.00r{ �Qc.L,��'9�'i�9 � "�'�'Vi'Pi.`-� !.r�t.
�
� Check this box if you are filing an update to a previausly tiled questEonr�alre. (The law requires that you file an updated
campleted 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 questianr�aire was incomplete or inaccurate.)
3 Name of local go�ernment officer about wham the information Is heing disclosad.
���
Name of Officer
a Qescribe each employment or other business relationship with the local ga�ernment afficer, or a famlly me�nb�r of the
officer, as described by Section 176AU3(a)(2)(A). Also describe any family relatfonshlp with the local government otticer.
Comp�ete subparts A and B fior each employment or business relationship described. Attach additional pages fo this Form
CIQ as necessary.
A. Is the local government ofFicer or a fami{y member of the officer recei�ing or likely to receive taxable income,
other than in�estment income, from the vendor?
� Ye5 � No
B, Is the vendor receiving or likely to receive taxable income, ather than investment income, from or at the dir�ction
of the local gavernment officer ar a family member of the officer AND tFte taxable incame is nok received from the
local gov�rnmental entity?
�Yes �No
� Describe each employment or business relationship tf�at the �endor named in Section 1 maintalns with a corporation or
other business entity with respect to which the local go�ernment officer serves as an officer or director, or holds an
ownership inferest of ane percent or more.
6
❑ Check this box if the vendor has gi�en the local government officer ar a fami�y mernber of the officer one or more gifts
as described in Section 176.003(a}(2){B), excluding gifts described in Section 176A�3(a-1).
7
' � S ��
5ignature f ve doing business with the governmental entity ate
Form provlded �y Texas Ethics Corr�rrt€ssion www.eihics,state.ix.us Revised 11112D21
3/28/24, 10:39 AM
CITY COUNCIL AGENDA
Create New From This M8�C
DATE:
CODE:
3/26/2024 REFERENCE
N O..
P TYPE:
M&C Review
**M&C 24- LOG NAME:
0234
F� RT ���0 R711
_�v
13P COOP SOURCEWELL
RENTAL EQUIPMENT TPW
JJ
PUBLIC
CONSENT HEARING: NO
SUBJECT: (ALL) Authorize Execution of an Agreement with Kinloch Equipment & Supply, INC. as an
Authorized Seller of Vactor Manufacturing, LLC. Equipment Using Sourcewell Cooperative
Contract No.101221 for the Rental of Underground Stormwater Drainage System Cleaning
Equipment in an Annual Amount Up to $336,000.00 and Authorize One Annual Renewal
Option for the Transportation and Public Works Department
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement with Kinloch Equipment
& Supply, INC. as an authorized seller of Vactor Manufacturing, LLC. equipment using Soucewell
Cooperative Contract No.101221 for the rental of underground stormwater drainage system cleaning
equipment in an annual amount up to $336,000.00 and authorize one annual renewal option for the
Transportation and Public Works Department.
DISCUSSION:
In January 2024, the Transportation and Public Works Department contacted the Purchasing Division
to enter into an agreement with Kinloch Equipment, INC. using Sourcewell Cooperative Contract No.
101221. The equipment will be rented for Field Operations CCTV Storm Drain Rehab Program, which
focuses on the inspection and assessments of the storm drain pipe, in addition to cleaning. The
equipment rental is necessary until the equipment the department has ordered for these services is
delivered. The agreement will help clean 10 miles of the City's underground stormwater drainage
system.
The maximum annual amount allowed under this agreement will be $336,000.00.
Sourcewell cooperative contracts offer fixed discounts. Staff reviewed the pricing and determined it to
be fair and reasonable.
State law provides that a local government purchasing an item under a cooperative purchase
agreement satisfies any state law requiring that the local government seek competitive bids for the
purchase of the item. BuyBoard Cooperative contracts are competitively bid to increase and simplify
the purchasing power of government entities across the State of Texas. The Sourcewell Cooperative
Contract No. 101221 was published on August 24, 2021, and responses were opened on 10/12/2021.
Soucewell Contract No. 101221 has a term through November 29, 2025, with one additional year
extension.
ADMINISTRATIVE CHANGE ORDERS - In addition, an administrative change order or increase may
be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code
and does not require specific City Council approval as long as sufficient funds have been appropriated
for that purpose.
AGREEMENT TERMS AND RENEWAL OPTIONS — The initial term of the City's agreement will be
from the date of execution until November 30, 2024. The Agreement may be renewed in accordance
with the terms and conditions of the Sourcewell Cooperative contract, for up to one one-year renewal
period.
A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public
entity.
apps.cfwnet.org/council_packeUmc_review.asp?ID=31941 &councildate=3/26/2024 1 /2
3/28/24, 10:39 AM M&C Review
Funding is budgeted in the Equipment Lease account within the Stormwater Utility Fund for the
Transportation & Public Works Department.
This project will serve ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the
current operating budget, as previously appropriated, in the Stormwater Utility Fund. Prior to an
expenditure being incurred, the Transportation and Public Works Department has the responsibility to
validate the availability of funds.
BQN\\
Fund Department I Account I Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Department Account Project Program Activity Budget Reference # Amount
ID I I ID Year (Chartfield 2)
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
Reginald Zeno (8517)
Dana Burghdoff (8018)
Reginald Zeno (8517)
Lauren Prieur (6035)
Jo Ann Gunn (8525)
Juby Jacob (8066)
ATTACHMENTS
1=3 pages of Contract.pdf (CFW Internal)
13P COOP SOURCEWELL RENTAL EQUIPMENT, PRODUCTS, OR SERVICES funds availability,pdf (CFW Internal)
FID Table for Vactor rental FY23-24.xlsx (CFW Internal)
Form 1295.pdf (CFW Internal)
Signature:
Email: Ronald.Gonzales@fortworthtexas.gov
Signature:
Email: allison.tidwell@fortworthtexas.gov
apps.cfwnet.org/council_packeUmc_review.asp?ID=31941 &councildate=3/26/2024 2/2