HomeMy WebLinkAboutContract 63540CSC No. 63540
FORT WORTH®
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between the City
of Fort Worth ("City"), a Texas home rule municipality, and Icom America Inc. ("Vendor")
City and Vendor are each individually referred to herein as a "parry" and collectively referred to
as the "parties."
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 — Sourcewell Cooperative Contract No. 042021-ICM;
3. Exhibit B — Sourcewell Cooperative Contract No. 042021-ICM Pricing Index;
4. Exhibit C — Conflict of Interest Questionnaire.
The Exhibits referenced above, which are attached hereto and incorporated herein, are
made a part of this Agreement for all purposes. Vendor agrees to provide City with the services
and goods included in Exhibit B pursuant to the terms and conditions of this Cooperative Purchase
Agreement, including all exhibits thereto. If any provisions of the attached documents, conflict
with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation
or ordinance of City, the terms in this Agreement shall control
City shall pay Vendor in accordance with the pricing index in Exhibit B and the provisions
of this Agreement. Total payment made annually under this Agreement by City shall not exceed
One Hundred Thousand and 00/100 dollars ($100,000.00). 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 items, services, and/or expenses.
City shall not be liable for any additional expenses of Vendor not specified by this Agreement
unless City first approves such expenses in writing.
The term of this Agreement shall be effective beginning on the date signed by the Assistant
City Manager below ("Effective Date") and ending on June 23, 2026 City shall be able to renew
this agreement for Three (3) one-year renewal options by written agreement of the parties.
Provided, however, the term of this Agreement shall not extend beyond the term of Sourcewell
attached hereto as Exhibit A, unless it is extended, renewed, or followed up by a substantially
similar cooperative agreement ("Successor Contract") from Vendor and Sourcewell and the parties
agree in writing to incorporate such extension, renewal, or use of Successor Contract into this
Agreement.
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
OFFICIAL RECORD
Cooperative Purchase Agreement CITY SECRETARY page 1 of 4
FT. WORTH, TX
CSC No.
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 workspace in order to conduct audits in compliance with the
provisions of this section. City shall give Vendor reasonable advance notice of intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand -delivered to the other parry, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of
the transmission, or (3) received by the other parry by United States Mail, registered, return receipt
requested, addressed as follows:
To CITY:
City of Fort Worth
Attn: City Manager's Office
100 Fort Worth Trail
Fort Worth, TX 76102
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Icom America Inc.
Attn: Legal Department
12421 Willows Rd. NE
Kirkland, WA 98034-8751
Facsimile: 425-454-1509
With copy to IA Contract Administration and
emailed to: salescontracts@icomamerica.com
IP Indemnification. Vendor agrees to indemnify, defend, settle, or pay, at its own cost
and expense, including the payment of attorney's fees, any claim or action against the
City for infringement of any patent, copyright, trade mark, service mark, trade secret, or
other intellectual property right arising from City's use of the Deliverable(s), or any part
thereof, in accordance with the Agreement, it being understood that the agreement to
indemnify, defend, settle or pay shall not apply if City modifies or misuses the
Deliverable(s). So long as Vendor bears the cost and expense of payment for claims or actions
against the City pursuant to this section, Vendor shall have the right to conduct the defense
of any such claim or action and all negotiations for its settlement or compromise and to settle
or compromise any such claim; however, City shall have the right to fully participate in any
and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest,
and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason,
assumes the responsibility for payment of costs and expenses for any claim or action brought
against the City for infringement arising under the Agreement, the City shall have the sole
right to conduct the defense of any such claim or action and all negotiations for its settlement
or compromise and to settle or compromise any such claim; however, Vendor shall fully
participate and cooperate with the City in defense of such claim or action. City agrees to give
Vendor timely written notice of any such claim or action, with copies of all papers City may
receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of
costs or expenses shall not eliminate Vendor's duty to indemnify the City under the
Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof
is enjoined or restrained or, if as a result of a settlement or compromise, such use is
materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy,
either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the
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Deliverable(s) to make them/it non -infringing, provided that such modification does not
materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the
Deliverable(s) with equally suitable, compatible, and functionally equivalent non -infringing
Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is
reasonably available to Vendor, terminate the Agreement, and refund all amounts paid to
Vendor by the City, subsequent to which termination City may seek any and all remedies
available to City under law. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE
SECURED BY THE REQUISITE INSURANCE COVERAGE REQUIRED BY CITY.
Data Breach. Vendor further agrees that it will monitor and test its data safeguards
from time to time, and to adjust its data safeguards from time to time in light of relevant
circumstances or the results of any relevant testing or monitoring. If Vendor suspects or
becomes aware of any unauthorized access to any financial or personal identifiable
information ("Personal Data") by any unauthorized person or third party, or becomes aware
of any other security breach relating to Personal Data held or stored by Vendor under the
Agreement or in connection with the performance of any services performed under the
Agreement or any Statement(s) of Work ("Data Breach"), Vendor shall immediately notify
City in writing and shall fully cooperate with City at Vendor's expense to prevent or stop
such Data Breach. In the event of such Data Breach, Vendor shall fully and immediately
comply with applicable laws and shall take the appropriate steps to remedy such Data
Breach. Vendor will defend, indemnify and hold City, its Affiliates, and their respective
officers, directors, employees and agents, harmless from and against any and all claims, suits,
causes of action, liability, loss, costs and damages, including reasonable attorney fees, arising
out of or relating to any third party claim arising from breach by Vendor of its obligations
contained in this Section, except to the extent resulting from the acts or omissions of City.
All Personal Data to which Vendor has access under the Agreement, as between Vendor and
City, will remain the property of City. City hereby consents to the use, processing and/or
disclosure of Personal Data only for the purposes described herein and to the extent such use
or processing is necessary for Vendor to carry out its duties and responsibilities under the
Agreement, any applicable Statement(s) of Work, or as required by law. Vendor will not
transfer Personal Data to third parties other than through its underlying network provider
to perform its obligations under the Agreement, unless authorized in writing by City.
Vendor's obligation to defend, hold harmless and indemnify City shall remain in full effect
if the Data Breach is the result of the actions of a third party. All Personal Data delivered to
Vendor shall be stored in the United States or other jurisdictions approved by City in writing
and shall not be transferred to any other countries or jurisdictions without the prior written
consent of City.
No Bovcott of Israel. If Vendor has fewer than 10 employees or the Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, City is prohibited from entering into a
contract with a company for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract. The terms "boycott Israel" and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By
signing this Addendum, Vendor certifies that Vendor's signature provides written verification
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to City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term
of the Agreement.
Prohibition on Bovcotting Energv Companies. Vendor acknowledges that in
accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more that is to
be paid wholly or partly from public funds of the City with a company with 10 or more full-
time employees unless the contract contains a written verification from the company that it:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the
term of the contract. The terms "boycott energy company" and "company" have the
meaning ascribed to those terms by Chapter 2276.001 of the Texas Government Code. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by
signing this Agreement, Vendor certifies that Vendor's signature provides written verification
to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement.
Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government
Code, the City is prohibited from entering into a contract for goods or services that has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the City
with a company with 10 or more full-time employees unless the contract contains a written
verification from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate during the term of the contract against a firearm entity or firearm trade
association. The terms "discriminate," "firearm entity" and "firearm trade association"
have the meaning ascribed to those terms by Chapter 2274.001 of the Texas Government
Code. To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City thatVendor: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this
Agreement.
Applicable Laws. The laws of the State of Texas shall govern this Agreement. Venue for
any action brought to interpret or enforce, or arising out of or incident to, the terms of this
Agreement shall be in Tarrant County, Texas.
[Signature Page Follows]
Cooperative Purchase Agreement Page 4 of 4
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:
C007-1
By: Dianna Giordano (Jun 26, 2025 13:09 CDT)
Name: Dianna Giordano
Title: Assistant City Manager
Date: 06/26/2025
APPROVAL RECOMMENDED:
By:
Name:
Kevin Gunn
Title:
Director, IT Solutions
ATTEST:
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By:
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Name: Jannette S. Goodall
Title: City Secretary
VENDOR:
Icom America, Inc.
By: a
Nam . Jim BackeIand
Title: President
Date: 6/16/2025
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: Lawrence Crockett (Jun 18, 2025 10:55 CDT)
Name: Lawrence Crockett
Title: Sr. IT Solutions Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Hye Won Kim
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
Exhibit A
042021-ICM
Sourcewell -PA'
Solicitation Number: RFP #042021
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Icom America Inc., 12421 Willows Road NE, Kirkland, WA 98034
(Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to federal,
state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and
Canada. Sourcewell issued a public solicitation for Public Safety Communications Technology
and Hardware Solutions from which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires June 23, 2025, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional
one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this
Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
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All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out or refurbished Equipment or Products if they are clearly indicated in
Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Vendor's dealers and
distributors must agree to assist the Participating Entity in reaching a resolution in any dispute
over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past
the expiration of the Vendor's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will
make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers,
distributors, and/or resellers relative to the Equipment, Products, and Services related to this
Contract. This list may be updated from time -to -time and is incorporated into this Contract by
reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current
version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's
Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Vendor must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
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time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon
as possible and the Vendor will replace nonconforming Equipment and Products with
conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax -
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed
from the Hot List at anytime through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator. This form is available
from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
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restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and be incorporated by reference.
S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Vendor understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government -
owned facilities, including schools. Vendor's employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating
Entity issues a purchase order, it may use its own forms, but the purchase order should clearly
note the applicable Sourcewell contract number. All Participating Entity orders under this
Contract must be issued prior to expiration of this Contract; however, Vendor performance,
Participating Entity payment, and any applicable warranty periods or other Vendor or
Participating Entity obligations may extend beyond the term of this Contract.
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Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will
be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of
any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Vendor, such as job or industry -specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entitles may require the use of a
Participating Addendum; the terms of which will be worked out directly between the
Participating Entity and the Vendor. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements (such as e-commerce specifications,
specialized delivery requirements, or other specifications and requirements) not addressed in
this Contract, the Participating Entity and the Vendor may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to
between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, supply issues, customer issues, and any other
necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract
sales activity report (Report) to the Sourcewell Contract Administrator assigned to this
Contract. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
• Customer Name (e.g., City of Staples Highway Department);
• Customer Physical Street Address;
• Customer City;
• Customer State/Province;
• Customer Zip Code;
• Customer Contact Name;
• Customer Contact Email Address;
• Customer 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 Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Vendor may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
by Participating Entities under this Contract during each calendar quarter. Payments should
note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above "Attn: Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's
Authorized Representative changes at any time during this Contract, Vendor must promptly
notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not
waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract, whether written or
oral, may be used to bind either party. For any conflict between the attached Proposal and the
terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
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respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their
agents and employees, harmless from any claims or causes of action, including attorneys' fees,
arising out of the performance of this Contract by the Vendor or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a cancelable, royalty -free, worldwide, non-exclusive
right and license to use theTrademark(s) provided to Vendor by Sourcewell in
advertising and promotional materials for the purpose of marketing Sourcewell's
relationship with Vendor.
b. Vendor grants to Sourcewell a cancelable, royalty -free, worldwide, non-exclusive
right and license to use Vendor's Trademarks in advertising and promotional
materials for the purpose of marketing Vendor's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited and
cancelable right of each party to grant sublicenses to its and their respective distributors,
marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising
and promotional materials for the purpose of marketing the Parties' relationship to
Participating Entities. Any sublicense granted will be subject to the terms and conditions of
this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use, Quality Control.
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a. Sourcewell must not alter Vendor's Trademarks from the form provided by
Vendor and must comply with Vendor's removal requests as to specific uses of its
trademarks or logos.
b. Vendor must not alter Sourcewell's Trademarks from the form provided by
Sourcewell and must comply with Sourcewell's removal requests as to specific uses
of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's Trademarks only in good faith and in a dignified manner consistent
with such party's use of the Trademarks. In the event of a breach of this covenant,
and upon written notice to the breaching party, the breaching party has 30 days of
the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims, judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of vendors which may be used until the next printing). Vendor must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator
assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Vendor will jointly develop a short briefing document that describes the
issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher
level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Vendor must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Vendor fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result
of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non -defaulting
party may:
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• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products -completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products -Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor
will maintain insurance covering all owned, hired, and non -owned automobiles in limits
of liability not less than indicated below. The coverage must be subject to terms no less
broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or
equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella
coverage over Workers' Compensation, Commercial General Liability, and Commercial
Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Vendor 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 Vendor'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.
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish
to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by
a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide
certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Vendor's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Vendor, and products and completed operations of
Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
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insurance applicable to the Vendor or its subcontractors. The waiver must apply to all
deductibles and/or self -insured retentions applicable to the required or any other insurance
maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self -insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Vendor certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Vendor further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require
additional requirements based on specific funding specifications. Within this Article, all
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references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis -Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
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not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. Vendor
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor
certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file
any required certifications. Vendors must not have used federal appropriated funds to pay any
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person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. §
1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this
Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
also includes timely and reasonable access to Vendor's personnel for the purpose of interview
and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
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22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor's Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to cancellation.
Sourcewell
E
DocuSignedby:v'
COFD2A139DO6489...
By:
Jeremy Schwartz
Title: Chief Procurement Officer
7/3/2021 1 8:46 AM CDT
Date:
Approved:
By: EDocuSigned by: _
7E42B8F817A64CC
Chad Coauette
Title: Executive Director/CEO
7/4/2021 1 6:41 PM CDT
Date:
Icom America Inc.
DocuSigned by:
BEM5970962461...
By:
Jim Backeland
Title: President
Date:
7/2/2021 1 2:42 PM CDT
Rev. 10/2020 17
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RFP 042021 - Public Safety Communications Technology and
Hardware Solutions
Vendor Details
Company Name:
Icom America Inc.
12421 WILLOWS ROAD NE
Address:
KIRKLAND, WA 98034
Contact:
Kristina Pickering
Email:
salescontracts@icomamerica.com
Phone:
425-450-6092
Fax:
425-450-6063
HST#:
91-1083924
Submission Details
Created On:
Tuesday March 30, 2021 10:21:30
Submitted On:
Tuesday April 20, 2021 03:09:05
Submitted By:
Kristina Pickering
Email:
salescontracts@icomamerica.com
Transaction #:
560d4Ofb-744c-4edd-8bf3-fea4a8572023
Submitter's IP Address:
216.170.209.61
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach
additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the
question does not apply to you (preferably with an explanation).
Item
Question
Response*
1
Proposer Legal Name (and
Icom America Inc.
applicable d/b/a, if any):
2
Proposer Address:
12421 Willows Road NE
Kirkland, Washington 98034
3
Proposer website address:
www.icomamerica.com
4
Proposer's Authorized
Jim Backeland, President
Representative (name, title,
12421 Willows Road NE
address, email address & phone)
Kirkland, Washington 98034
(The representative must have
P 425.586.6387
authority to sign the "Proposer's
E - jimb@icomamerica.com
Assurance of Compliance" on
behalf of the Proposer and, in the
event of award, will be expected
to execute the resulting contract):
5 Proposer's primary contact for this Kristina Pickering
proposal (name, title, address, Government Sales Program Manager
email address & phone): 12421 Willows Road NE
Kirkland, Washington 98034
P - 425.450.6092
C - 206.327.3381
E - salescontracts@icomamerica.com
6
Proposer's other contacts for this
Mark Behrends
proposal, if any (name, title,
Senior Manager, Marketing
address, email address & phone):
12421 Willows Road NE
Kirkland, Washington 98034
P - 425.586.6362
E - markb@icomamerica.com
Table 2: Company Information and Financial Strength
mLiQuestion Response*
Ite7 Provide a brief history of your company, Icom America Inc. is a part of Icom Incorporated. Started in 1954 by Tokuzo Inoue
including your company's core values, in Osaka, Japan. Icom Inc.'s roots are in designing, engineering, and manufacturing
business philosophy, and industry longevity highly advanced, compact solid-state radio equipment for use in the amateur (ham)
related to the requested equipment, products radio industry. The company's product line has since expanded to include
or services. communications equipment and products based in the Marine, Avionics, Land
mobile, wide -band Receiver, Network (LTE, WLAN) and Satellite industries.
Icom America was founded in 1979. With the exception of Cuba, Icom America is
responsible for representing Icom products within the entire Western Hemisphere, as
well to U.S. Territories in the Pacific.
What are your company's expectations in the To grow our government sales! With the ability to obtain a nationwide cooperative
event of an award? contract that both Icom America and our Authorized Resellers/Dealers could use
would be extremely helpful to our goal. In addition, as you are aware, it truly helps
our valued Government End -users as it makes their procurement -process so .... much
easier. SourceWell takes all the extra work they would have to do to actually buy
ICOM products, should we be honored with a contract.
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
9 Demonstrate your financial strength and
Icom Inc. is a publicly held Japanese corporation; its stock is traded on the Tokyo
stability with meaningful data. This could
and Osaka Stock Exchanges. We have included a copy of our most recent
include such items as financial statements,
financial report and offer the following past five (5) years of net sales:
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Net Sales USD Year
Upload supporting documents (as applicable)
$217,512,000.00 2016
in the document upload section of your
$208,237,000.00 2017
response.
$234,218,000.00 2018
$267,592,000.00 2019
$280,557,000.00 2020
We have provided copies of the above -mentioned within the "annual reports" zip
folder.
Should you wish to review this information in more detail, please feel free to visit
our Parent Company website at: https://www.icomjapan.com/company/ir/
10 What is your US market share for the
We are proud to share that Icom Inc is the only two-way equipment manufacturer
solutions that you are proposing?
that produces radios for multiple industries. With that said, we offer the following
details by each of the afore -mentioned product groups:
Amateur: 40%
Avionics: 50%
Land mobi le/Systems: <5%
Marine: 65%
Network: undetermined (new division)
11 What is your Canadian market share for the
Roughly the same as the United States statistics.
solutions that you are proposing?
12 Has your business ever petitioned for
No.
bankruptcy protection? If so, explain in detail.
13 How is your organization best described: is
Icom Inc. is a manufacturer.
it a manufacturer, a distributor/dealer/reseller,
or a service provider? Answer whichever
SALES FORCE
question (either a) or b) just below) best
We have the US divided into seven (7) territories. Each territory is assigned to a
applies to your organization.
Technical Channel Manager who works directly for Icom America. Where they have
a) If your company is best described as
many responsibilities, the high-level ones are to train, guide and support the sales
a distributor/dealer/reseller (or similar entity),
efforts of ICOM products/services through any Manufacturing Representatives
provide your written authorization to act as a
assigned to their region and Authorized Dealers/Resellers.
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
DEALER NETWORK
applicable, is your dealer network
Our nationwide Authorized Dealer/Reseller network an exceptional resource that
independent or company owned?
allows Icom America to have a local presence within communities across North
b) If your company is best described as
America, including Canada. Icom America provides a regular dealer training
a manufacturer or service provider, describe
programs "Icom Education Series" on a variety of sales related topics including
your relationship with your sales and service
contracts. We also offer an incentive to our Authorized Dealer Network for
force and with your dealer network in
partnering in our contract sales activities.
delivering the products and services
proposed in this RFP. Are these individuals
SERVICE FORCE
your employees, or the employees of a third
Our Service and Technical Support Teams are experienced in the very
party?
important 'after the sale' care. The employment -longevity within these groups is truly
exceptional averaging at a 10-year+ tenure. Technical support helps both
Dealer/Resellers, Commercial Clients and Government End -users alike. They are
knowledgeable in all ICOM products, as well as any partner products (or third party)
we may sell. In addition to being able to call or email these folks, they also host a
Knowledge Base on our corporate website for any of those 24/7 questions that may
arise. Our Service Centers are available to help with both warranty and non -
warranty repairs. We have a list of our Service Centers on our website and they
strive for a 7-10 day turn time.
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
14 If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
15 Provide all "Suspension or Debarment"
information that has applied to your
organization during the past ten years.
Equipment within our P25 product line have obtained DHS CAP Compliance.
Icom America Inc offers the following information on our factory ISO Certifications
which can be found within the 'supporting documents' zip folder:
1) The ISO 9000 family of quality management systems (QMS) is a set of
standards that helps organizations ensure they meet customer and other stakeholder
needs within statutory and regulatory requirements related to a product or service.
ISO 9000 deals with the fundamentals of QMS, including the seven quality
management principles that underlie the family of standards. ISO 9001 deals with
the requirements that organizations wishing to meet the standard must fulfil.
2) ISO 14000 is a family of standards related to environmental management that
exists to help organizations minimize how their operations negatively affect the
environment; comply with applicable laws, regulations, and other environmentally
oriented requirements; and continually improve in the above.
3) ISO/IEC 27001 is an international standard on how to manage information
security. The standard was originally published jointly by the International Organization
for Standardization (ISO) and the International Electrotechnical Commission (IEC) in
2005 and then revised in 2013. It details requirements for establishing,
implementing, maintaining and continually improving an information security
management system (ISMS) — the aim of which is to help organizations make the
information assets they hold more secure. A European update of the standard was
published in 2017. Organizations that meet the standard's requirements can choose
to be certified by an accredited certification body following successful completion of
an audit. (Data from: Wikipedia)
This is not applicable to our organization
Table 3: Industry Recognition & Marketplace Success
Line Question
Item
16 Describe any relevant industry awards or
recognition that your company has received
in the past five years
17 What percentage of your sales are to the
governmental sector in the past three years
18 What percentage of your sales are to the
education sector in the past three years
19 List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
20 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Table 4: References/Testimonials
Response*
Marine: NEMA 2018, 2017, 2016, 2015.
Avionics: TSO 2016
Landmobile: DHS P25 CAP and recently SRS (AZ, CO, MI, MO, WY)
Network: PTCRB 2020
<10%
We capture sales in two categories:
1) Federal
2) State/Local (including schools or aka SLED)
Presently, we do not have a separate amount to report for just "Education" sales.
NASPO 06913 'active' - 3 year average is: $2.4M
State of New York 'active' - 3 year average is: $600K
State of New Mexico 'active' - 3 year average is: $370K
AMTRAK 'active' - 3 year average is: $2.4M
GSA GS35FO109L expired 12/14/2020 - 3 year average was: $1.8M
(Presently awaiting GSA Award for replacement contract).
RAILWAY MARKETPLACE active - 3 year average is: $2.4M
Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name *
Contact Name *
Phone Number*
State of Illinois - OGS
Sandy Robinson
(217) 558-6897
State of Illinois - CMS
Terry Thomas
(217) 782-0876
Commonwealth of Kentucky
Daniel Salvato
502) 564-5862
State of Ohio - DAS
Jeff Miller
(614) 644.9909
Bid Number: RFP 042021
Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
Table 5: Top Five Government or Education Customers
Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional),
including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar
volumes from the past three years.
Entity Name
Entity Type *
State /
Province "
Scope of Work
N/A - optional
Government
New Jersey - NJ
Avionics Equipment
N/A - optional
Government
Hawaii - HI
Landmobile - Systems Equipment
N/A - optional
Government
Florida - FL
Service - Maintenance Contract
N/A - optional
Government
Texas - TX
Avionics Equipment
N/A - optional
Government
New Mexico -
Landmobile - P25 Equipment
NM
Table 6: Ability to Sell and Deliver Service
Size of Transactions
218 units
64 units
4 units
41 units
78 units
Dollar Volume Past Three
Years
99687.57
95206.82
64750.00
39831.74
31603.02
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number
of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third
party), and any overlap between the sales and service functions.
Line
Item
23
24
25
Question Response'
Sales force. We have the US divided into seven (7) territories. Each territory is assigned to a
Technical Channel Manager who works directly for Icom America. Where they have
many responsibilities, the high-level ones are to train, guide and support the sales
efforts of ICOM products/services through any Manufacturing Representatives (MR)
assigned to their region and Authorized Dealers/Resellers. Presently, we have an
Outside Sales Team that totals 29 (20 of which are MR's and 9 are direct
Employees of Icom America).
Dealer network or other distribution
methods.
Our nationwide Authorized Dealer/Reseller network an exceptional resource that allows
Icom America to have a local presence within communities across North America,
including Canada. Icom America provides a regular dealer training programs "Icom
Education Series" on a variety of sales related topics including contracts. We also
offer an incentive to our Authorized Dealer Network for partnering in our contract
sales activities. Presently, we have 240 of our Dealer Network selected as
Authorized Contract Dealers/Resellers. We have included a general listing for your
immediate reference within the "supporting documents" zip folder and should we
receive an award a full and detailed contact list will be provided.
Service force. Our Service and Technical Support Teams are experienced in the very
important 'after the sale' care. The employment -longevity within these groups is truly
exceptional averaging at a 10-year+ tenure. Within the Icom America Service
Centers (ie Kirkland, New Jersey) we have 15 onsite Service/Production Technicians
who are Employees of Icom America. Our Service Centers are available to help
with both warranty and non -warranty repairs. We have a list of our Icom America
Service Centers, as well as Dealer Authorized Warranty Service Centers on our
website and they strive for a 7-10 day turn time.
Technical support helps both Deal er/Resellers, Commercial Clients and Government
End -users alike. They are knowledgeable in all ICOM products, as well as any
partner products (or third party) we may sell. In addition to being able to call or
email these folks, they also host a Knowledge Base on our corporate website for
any of those 24/7 questions that may arise. There are currently seven (7) full-time
Technical Support Employees, also with decades of experience in the two-way
industry just waiting to help our End -users with any questions they may have.
26 Describe in detail the process and We have included a document in the upload section called 'Performance Indicators'
procedure of your customer service within the "supporting documents" zip folder which will provide you with metrics by
program, if applicable. Include your Customer needs, as well as the timeframes we strive to support.
response -time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
27 Describe your ability and willingness to Icom America is proud to offer over four -decades of experience within the two-way
provide your products and services to radio industry to all eligible government, education, direct commercial, public safety,
Sourcewell participating entities in the transportation and/or non-profit organizations through Sourcewell's cooperative contract.
United States.
28
Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.
Should Icom America be honored with a contract award, we will look in to partnering
with our subsidiary Icom Canada to enhance our contract where they may provide
product sales, support and/or services to Canadian End -users.
29
Identify any geographic areas of the United
Not applicable.
States or Canada that you will NOT be
fully serving through the proposed contract.
30
Identify any Sourcewell participating entity
Not applicable, we are able to support domestic and international requests.
sectors (i.e., government, education, not -for -
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
31 Define any specific contract requirements There are shipping restrictions in place with various carriers when it comes
or restrictions that would apply to our to "spare" battery shipments. All spare battery shipments going OCONUS can only
participating entities in Hawaii and Alaska ship via air transport, ground service is no longer available. Additional shipping
and in US Territories. charges may apply. Shipments to US Territories are considered export transactions,
therefore terms change to FOB Origin and payment terms are CIA (Cash in
Advance). We accept Visa, Mastercard, American Express and/or Wire Transfers as
prepayment for said orders.
Table 7: Marketing Plan
Line
Item
Question
Response k
32 Describe your marketing strategy for Kindly refer to the general marketing strategies document included within the upload
promoting this contract opportunity. section of this solicitation.
Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
33
Describe your use of technology and
Icom America collects contact information and demographics on buyers and end users of
digital data (e.g., social media,
our product through marketing campaigns on a variety of platforms and may buy customer
metadata usage) to enhance
lists.
marketing effectiveness.
Icom America uses the data to tailor content and venue for outbound marketing to vertical
markets (ad campaigns) and to individuals (email, message or phone).
Icom America adheres to the emerging privacy policies put forth by California and other
US states.
34 In your view, what is Sourcewell's role Being this is a cooperative contract, we would assume new awarded contracts are
in promoting contracts arising out of advertised within your membership. Upon award and after our internal contract launch, we
this RFP? How will you integrate a would set-up a Authorized Dealer/Reseller training session to review the ins/outs of the
Sourcewell-awarded contract into your nationwide -contract and how it can be a benefit for ICOM End -users and Dealers alike.
sales process?
35
Are your products or services
Icom America does not presently offer a B2G online ordering system. All orders are
available through an e-procurement
personally processed through our Client Centric Government Customer Service Team. A
ordering process? If so, describe your
local Authorized Dealership may have such an eProcurement option, in addition to their
e-procurement system and how
own Customer Service and Sales force. If awarded, we would be happy to reach out to
governmental and educational
our "Contract" Authorized Dealers/Resellers and have them share specifically as to if they
customers have used it.
have such an eProcurement system.
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
Table 8: Value -Added Attributes
Line m
Ite36
Question
Response*
Describe any product, equipment, After a sale, if technical and or maintenance services are required, they will be handled by
maintenance, or operator training our Government Sales department, Service department and our Technical Support
programs that you offer to department accordingly. We offer onsite and/or webinar training programs often customized
Sourcewell participating entities. to the specific Customer's needs. Training may be offered by Icom America directly or
Include details, such as whether through a preferred local Dealer, whichever the Sourcewell Participating Entity prefers. We
training is standard or optional, also have many tutorials available through our Knowledgebase and/or the Icom America
who provides training, and any YouTube channel which are for public consumption and at no cost. Please refer to
costs that apply. the 'Icom Services' brochure and pricing found within our optional services section of the
uploaded price list.
37
Describe any technological
Icom offers multiple FM LMR communications protocols BUT is an industry leader in the
advances that your proposed
transition to LTE and Satellite push -to -talk communications technology. This provides
products or services offer.
mission and business critical users with nationwide and worldwide voice and data
connectivity.
38 Describe any "green" initiatives Icom Inc. has a deep recognition that "global environmental conservation" is a major issue
that relate to your company or to for mankind around the world, and will continue to be so in the future. Therefore, we have
your products or services, and promoted environmentally -sensitive activities in every phase of our business. For example,
include a list of the certifying we have been working on procurement of green (environmentally -friendly) parts and
agency for each. materials. We have provided our Green Procurement Standard Policy within the "supporting
documents" zip folder.
39
Identify any third -party issued eco-
Our factories are ISO14001 certified. Please refer to the supporting certificate within
labels, ratings or certifications that
the "supporting documents" zip folder.
your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life -cycle design
(cradle -to -cradle), or other
green/sustainability factors.
40 Describe any Women or Minority Icom America is considered a large business, with the exception of NAICS Code 334220
Business Entity (WMBE), Small (Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing)
Business Entity (SBE), or veteran where we are under the SBA threshold for employee -count. Therein, we may be classified
owned business certifications that as a small business. We are owned 100% by Icom, Inc. so not described as any WMBE
your company or hub partners or Veteran owned business.
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
41
What unique attributes does your
ICOM is the leader in complete connectivity ecosystems using multiple protocols. Icom can
company, your products, or your
seamlessly connect native and foreign protocols via IP. Various platforms like LTE PTT,
services offer to Sourcewell
WLAN PTT, Satellite PTT, Digital LMR, Marine radio, Aviation Radio, Amateur Radio,
participating entities? What makes
Analog LMR and SIP can communicate as one ecosystem using Icom products. ICOM
your proposed solutions unique in
products are manufactured in Japan where we are constantly innovating to uphold our
your industry as it applies to
worldwide recognition for having state of the art technology.
Sourcewell participating entities?
One of those most recent technologies is our VEPG4. This unit allows you to bridge
almost any modern communications system to Icom's universe of Network products and
more.
Interconnect in a Variety of Ways:
LTE PTT Products
Wireless LAN radio products
Icom IDAS conventional and trunking systems
Analog Radio Systems
P25 systems
DMR systems
SIP Phone
It is truly a powerful tool within the communication industry!
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure,
and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document
upload section of your response in addition to responding to the questions below.
Line
Item
Question
Response*
42
Do your warranties cover all products, parts, and
Yes, warranty timeframes vary by product group and/or item. Please refer to
labor?
the Icom America Warranty Information provided within the upload section.
43
Do your warranties impose usage restrictions or
ICOM AMERICA, INC., ICOM, Incorporated's authorized distributor, warrants
other limitations that adversely affect coverage?
ICOM products to be free from defects in material or workmanship for a
specified period of time from the date of purchase, depending on the
product. Icom America, Inc. will, at its option, replace or repair parts found
defective and return the equipment or parts to the owner.
The above -stated warranty repair undertaking does not apply to an ICOM
product which, in ICOM America's exclusive judgment, has failed due to
damage, misuse, corrosion, accident, natural disaster, alteration, unauthorized
or improper installation, repair, or modification.
44 Do your warranties cover the expense of Products covered by the ICOM Limited or Extended Warranty may be
technicians' travel time and mileage to perform returned to the Icom America Kirkland Service Center for covered repairs.
warranty repairs? Buyer may also return covered products to any Authorized ICOM Warranty
Service Center or other authorized service agent designated by Icom
America.
Icom America will cover ground transportation out -bound from ICOM
America's repair facility in Kirkland, WA or any other authorized ICOM
Warranty Service Center or service agent for all repairs covered under the
Extended Warranty.
45
Are there any geographic regions of the United
No, we offer selected Dealer locations as Authorized Warranty Service
States or Canada (as applicable) for which you
Centers (AWSC) in addition to our Icom Service Centers.
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
46 Will you cover warranty service for items made by Icom America covers warranties for ICOM products, whereas the Partner
other manufacturers that are part of your proposal, Vendor (OEM) would handle warranties for their products. However, the
or are these warranties issues typically passed on End -user has the option to return directly to Icom America's Partner Vendor
to the original equipment manufacturer? (OEM) or send back to Icom America Service Center who will assist with
the OEM warranty -return for the non-ICOM product.
47
What are your proposed exchange and return
Our Service Team checks the radio serial number to confirm if unit is under
programs and policies?
warranty or outside warranty period. If basic conditions for the warranty are
met:
• Inside warranty period
• Unit has not been altered/tampered
• Unit has not had overvoltage
• Unit has not been mistreated
They will proceed to fix the unit under warranty. Should it not be repairable,
a replacement unit will be offered to the client. Typical replacements are
with "like" condition from us repack (aka refurbished) stock and if there is
nothing in similar condition available, replace from new stock.
Warranty timeframe remains the same for the replacement unit as if it were
the original (ie start date of warranty is from date of purchase).
48
Describe any service contract options for the
We have included as an attachment within the "supporting documents" zip
items included in your proposal.
folder for the Icom America Services brochure which outlines additional
repair agreements, training options, service maintenance contracts, etc.
Table 10: Payment Terms and Financing Options
Line Question Response'
Item
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
49 What are your payment terms (e.g., net 10, net 30)? Our standard payment terms are: 2% 20 Net 30 (OAC)
Other forms of payment accepted are:
1) Visa, Mastercard and/or American Express
2) Wire Transfers
3) Letter of Credit
50 Describe any leasing or financing options available for use We do not presently offer any leasing or financing programs.
by educational or governmental entities.
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
51 Briefly describe your proposed order process. Include
enough detail to support your ability to report quarterly
sales to Sourcewell as described in the Contract template.
For example, indicate whether your dealer network is
included in your response and whether each dealer (or
some other entity) will process the Sourcewell participating
entities' purchase orders.
The orders are entered daily with an automatic order confirmation
via email after the order has been accepted into our system. If an
item is not in stock, the order confirmation will clearly outline the
estimated arrival dates for the backordered item to ensure the
Client is aware of the ultimate delivery schedule. Every contract
order, whether processed directly by Icom America or through an
Authorized Reseller of our contract... our Customer Service Team
audits each and applies a specific code (aka tag) which indicates
the following: Contract number, terms, pricing, products, complete
End -user information, etc. This information flows to our order
confirmations, shipment notifications, packing slips and commercial
invoices. In addition to the above information, our system will then
allow our Contract Administration Team to extract all the order data
for the development of any and all require sales reports.
Those reports would then be sent to Sourcewell directly by Icom
America along with the required administrative fee as in RFP
Section III B Administration Fees.
DIRECT ORDER
1. Purchase Order is received by Icom America, evaluated and
typically entered in to our operating system within the same
business day as received.
2. Once order is entered, an order confirmation is sent via email
to the Client.
a. If Client marked the order to "ship complete" an ETA for
entire order would be provided.
b. If Client marked order to ship "partially" the Confirmation
outlines if everything is in stock or if something is on backorder, an
ETA is provided.
3. Order is released to the Distribution Center for processing
once payment has been confirmed by our Credit Department (ie
Extended Terms, Credit Card, etc).
4. In general Distribution Center is able to pick and pack the
order same day if received before noon; otherwise the order may
ship the following business day.
5. Once the order ships, a shipment notification is emailed to
the Client complete with a Shipper's tracking number.
6. Being our Government Shipping Terms are FOB Destination,
an invoice is not generated until the shipment has been "Delivered"
to the ultimate location.
7. Once the Invoice is generated, it is either emailed or mailed
to the Client (whichever their preference).
8. Client would then pay Icom America.
INDIRECT ORDER (Dealer Sale)
1. Purchase Order is received by Authorized Icom America
Reseller/Dealer, evaluated and typically entered in to their operating
system within the same business day as received.
2. Once order is entered, an order confirmation is sent via email
to the Client.
a. If Client marked the order to "ship complete" an ETA for
entire order would be provided.
b. If Client marked order to ship "partially" the Confirmation
outlines if everything is in stock or if something is on backorder, an
ETA is provided.
3. Order is released to their Warehouse for processing once
payment has been confirmed by their Credit Department (ie
Extended Terms, Credit Card, etc).
a. If Dealer has product in stock, they will usually be able to
ship within 24 hours of order receipt. They would then provide the
tracking information to their Client.
b. If Dealer does not have product in stock, they may submit an
order to Icom America requesting Icom America 'drop ship' the
equipment to their Customer. Once the order ships, a shipment
notification is emailed to the Dealer complete with a Shipper's
tracking number. The Dealer would then follow-up with their Client
to reconfirm their order has shipped.
4. Government Shipping Terms are FOB Destination, so either
way an invoice is not generated until the shipment has
been "Delivered" to the ultimate location.
9. Once the Invoice is generated, it is either emailed or mailed
to the Client (whichever their preference).
10. Client would then pay their invoice directly to their preferred
Dealer (aka Reseller).
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
52 Do you accept the P-card procurement and payment lYes. There is no additional cost for credit card payments up to
process? If so, is there any additional cost to Sourcewell $25,000.00. Thereafter, a 3% processing fee may be applied.
�i)articii)atina entities for usino this process?
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
Line
Item
Question
Response"
53 Describe your pricing model (e.g., line -item discounts or Icom America will offer Sourcewell Participating Agencies a
product -category discounts). Provide detailed pricing data favorable discount from our published retail price based on the
(including standard or list pricing and the Sourcewell various product groups we are offering.
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If
applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
54
Quantify the pricing discount represented by the pricing
Discounts are by "Product Group":
proposal in this response. For example, if the pricing in
your response represents a percentage discount from
Amateur: 15% off Retail
MSRP or list, state the percentage or percentage range.
Avionics: 30% off Retail
Landmobile/Systems: 25% off Retail
Marine: 30% off Retail
Network: 25% off Retail
Accessories: 25% off Retail
Services: 25% off Retail
55
Describe any quantity or volume discounts or rebate
Quantity Price Break for High -Tier Landmobile Mainframes:
programs that you offer.
100+ receives an additional 5% discount
56
Propose a method of facilitating "sourced" products or
If there is an item not under contract, we would apply the proper
related services, which may be referred to as "open
product group discount to the item retail price to sell 'open market'
market" items or "nonstandard options". For example, you
until the product/price list could be properly updated.
may supply such items "at cost" or "at cost plus a
percentage," or you may supply a quote for each such
request.
57 Identify any element of the total cost of acquisition that is Within our Network Division, we offer both LTE and Satellite
NOT included in the pricing submitted with your response. radios. There are subscription services that are offered which are
This includes all additional charges associated with a not listed within our contracts. Those have their own separate End -
purchase that are not directly identified as freight or user agreements and payment options which are handled by our
shipping charges. For example, list costs for items like pre- Network Administration.
delivery inspection, installation, set up, mandatory training,
or initial inspection. Identify any parties that impose such
costs and their relationship to the Proposer.
58
If freight, delivery, or shipping is an additional cost to the
Freight charges are included for all off -the -shelf (OTS) equipment.
Sourcewell participating entity, describe in detail the
complete freight, shipping, and delivery program.
Freight charges may be applicable for any custom-built system
which would be outlined within the project quotation which would be
signed -off by End -user before purchase order was issued.
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
Icom Canada handles shipments within Canada. FOB Destination
59 Specifically describe freight, shipping, and delivery terms or
programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
Icom America handles shipments CONUS, AK, HI. - FOB
Destination. International shipments would be advance paid; FOB
Origin.
SHIPPING (including express shipping):
Although we utilize all freight carriers when requested, Icom
America's preferred freight carrier is Federal Express. Fed Ex has
been our shipping partner for over two -decades and is a trusted
source within the shipping community.
We offer services such as: ground, LTL, overnight, 2-day, 3-day, etc.
For the Sourcewell Customers, we would cover ground shipping as
FOB Destination for all orders CONUS, AK, HI. However, should
the Agency wish to upgrade their shipping method, we simply
charge the difference between ground and the priority method
selected.
Icom America's Distribution Center has a great deal of experience
in delivering on time and is very familiar with the intricacies of
shipping and receiving.
60 Describe any unique distribution and/or delivery methods or We are willing to support our Customers to the best of our ability,
options offered in your proposal. so if they have special packaging, shipping and/or labeling
requirements we are happy to help!
Table 12: Pricing Offered
Line IThe Pricing Offered in this Proposal is: ` Comments
Item
61 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing
departments.
Table 13: Audit and Administrative Fee
Line Question
Item
62 Specifically describe any self -audit process or program that you
plan to employ to verify compliance with your proposed Contract
with Sourcewell. This process includes ensuring that Sourcewell
participating entities obtain the proper pricing, that the Vendor
reports all sales under the Contract each quarter, and that the
Vendor remits the proper administrative fee to Sourcewell.
Response*
As stated in line item 51, each contract awarded to Icom
America is assigned a specific identification -code for
tracking and reporting purposes.
This code is used in several ways: 1) it is applied to the
order by contract name; 2) it will display the contract name
and number on all invoices generated by that order; 3)
Contract Administration will run reports on a regular basis
pulling all sales data (ie Purchaser's name, PO, products
ordered, contract pricing, quantity, etc.) linked to the
Sourcewell contract code.
That sales/credit information would be transferred on to the
Sourcewell Quarterly Sales Report template for submission
shortly after quarters end.
The corresponding administration fee would be paid shortly
thereafter (unless there is an online payment portal to which
we would process payment at the time your report was
submit).
63 If you are awarded a contract, provide a few examples of internal lEase of use, Participating Entity feedback, number of
metrics that will be tracked to measure whether you are having inquiries, number of quotes, number of orders, increases in
success with the contract. sales, etc.
64 Identify a proposed administrative fee that you will pay to 2.0%
Sourcewell for facilitating, managing, and promoting the Sourcewell
Contract in the event that you are awarded a Contract. This fee
is typically calculated as a percentage of Vendor's sales under the
Contract or as a per -unit fee; it is not a line -item addition to the
Member's cost of goods. (See the RFP and template Contract for
additional details.)
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
Table 14A: Depth and Breadth of Offered Equipment Products and Services
item Question Response*
65 Provide a detailed description of the Amateur Handhelds, Mobiles, Basestations, D-STAR, Receivers and Repeaters.
equipment, products, and services that you Mixture of Analog & Digital technologies.
are offering in your proposal.
Avionic Handhelds, Mobiles and Panel Mounts (including TSO approved version).
Analog technology.
Landmobile Handhelds, Mobiles, Basestations, RoIP, Data/HF with technologies such
as Analog, Digital, CAP P25 Phase1/2, IDAS and combinations thereof.
Marine Handhelds, Fixed Mounts, GMDSS, AIR/Radar and Single -Side Band (SSB).
Analog technology.
Network Handhelds, Mobiles and RolP Gateway with technologies such as Analog,
Digital, Satellite, WLAN and LTE.
Supporting Product Accessories as shown within the product catalogs provided
within this proposal.
66 Within this RFP category there may be A sub -category of our Landmobile Division is "Systems". Our Icom America
subcategories of solutions. List subcategory Systems Team builds communications solutions tailored to the specific needs of our
titles that best describe your products and Clients.
services.
httDs://www.voutube.com/watch?v=AAWh2543u7Y
Table 14B: Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional
comments in the text box provided, as necessary.
Item
Category or Type
Offered *
Comments
67
Fire or EMS station alerting
G. Yes
Equipment from our Amateur, Landmobile and/or Network Divisions may be
or paging systems
r No
applicable in this section.
68
Connectivity and
`' Yes
Equipment from our Amateur, Landmobile and/or Network Divisions would be
interoperability devices,
r No
relevant to this section.
hardware and equipment
69
Airborne, marine, and
a Yes
Equipment from our Avionics & Marine Divisions would be suitable for this
underwater communication
r No
section.
systems
70
Services related to lines 67,
r: Yes
Services such as factory installation, programming, onsite support, product
68 and 69 above
r No
training, etc. would be provided within this section.
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
Table 15: Industry Specific Questions
Line
Item
Question
�
Response*
H
71
Describe the interoperability of
Icom products conform to several standards including FCC, TIA, ETSI and EIA which established a
your products and services with
set of manufacturing standards for interoperable two-way communications products to ensure
other equipment, software, and
compliance between various radio ecosystems and manufacturers products. Icom is proud to
systems, as applicable
support these ever -advancing standards to ensure we provide the best products to our government
and public safety partners.
72
Describe how your products
Icom products can be configured to integrate with multiple products and services using the latest in
and services integrate with
connectivity technology including standard TCP/IP layer 2 and layer 3 protocols, Bluetooth, CDM,
other communications and
3G, LTE, microwave, FM RF, twisted pair, RS232 and custom API.
technology components (e.g.,
CAD, RMS, LMR, etc.)
73
Describe how your products
Including FCC, TIA, ETSI and EIA standards, Icom is an ISO 9001 certified manufacturer and our
and services conform to
products also conform to the stringent environmental certifications of MIL -STD 810, UL and IEC
applicable industry standards
standard 60529 for ingress protection.
and required specifications.
74
Describe your use of
Icom America, Inc. is supported by a nationwide network of LMR service providers supporting 5
installation or service partners,
divisions of product. To see a comprehensive list visit our website 'locate a dealer' at
if applicable.
https://www.icomamerica.com/en/dealers/dealers.aspx
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, Specifications that have been accepted by Sourcewell have been
incorporated into the contract text.
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 OT 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."
• Financial Strength and Stabilitv - Annual Reports.zip - Tuesday April 20, 2021 02:40:25
• Marketina Plan/Samples - Icom America Inc. - General Marketing Strategies.pdf - Tuesday April 20, 2021 02:13:10
• WMBE/MBE/SBE or Related Certificates (optional)
• Warranty Information - Icom America Inc. - Personnel, Facilities & Warranty.pdf - Tuesday April 20, 2021 02:21:24
• Pricing - Products & Pricing.zip - Tuesday April 20, 2021 02:30:35
• Upload Additional Document - Supporting Documents.zip - Tuesday April 20, 2021 02:35:23
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
Proposer's Affidavit
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of
this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: httos://www.treasuU.aov/ofac/downloads/sdnIist.pdf;
2. Included on the government -wide exclusions lists in the United States System for Award Management found at:
httos://sam.aov/SAM/; or
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
DocuSign Envelope ID: 5D9DFE77-6015-4C36-B273-EF385BB4DCA4
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. - Kristina Pickering, Government Sales Program Manager, Icom America Inc.
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the
Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
r Yes r. No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
File Name
below addendum and
Pages
attachments (if
applicable)
Addendum _8_PS_Comm unications_Tech_RFP_042021
r
Tue April 13 2021 04:33 PM
1
Addendum_7_PS_Communications_Tech_RFP_042021
r
1
Mon April 12 2021 06:55 PM
Addendum _6_PS_Comm unications_Tech_RFP_042021
r
Wed April 7 2021 06:45 PM
1
Addendum_5_PS_Communications_Tech_RFP_042021
Mon April 5 2021 08:18 PM
1
Addendum _4_PS Comm unications_Tech_RFP_042021
1
Thu April 1 2021 03:59 PM
Addendum_3_PS_Communications_Tech_RFP_042021
Thu March 25 2021 08:23 AM
1
Addendum _2_PS_Comm unications_Tech_RFP_042021
r
Mon March 8 2021 01:20 PM
2
Addendum-1 PS_Communications_Tech_RFP_042021
2
Fri March 5 2021 12:57 PM
Bid Number: RFP 042021 Vendor Name: Icom America Inc.
Exhibit B
Icom America #042021-ICM
Sourcewell ita"i
Pricing for contract #042021-ICM is provided at discount range of 15% - 30% off current price sheet to Sourcewell
participating agencies.
Amateur: 15% off Retail
Avionics: 30% off Retail
Landmobile/Systems: 25% off Retail
Marine: 30% off Retail
Network: 25% off Retail
Accessories: 25% off Retail
Services: 25% off Retail
Exhibit C
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
J Name of vendor who has a business relationship with local governmental entity.
Icom America Inc.
J
❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about whom the information is being disclosed.
Jaimie Newton (City of Fort Worth - IT Finance Contractor)
Name of Officer
J Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes X� No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
71 Yes X1 No
J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
Not applicable
J
❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
71
�C�C<C �Gti Jim Backand
President
6/16/2025
2gnature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 176.0010-a): "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021