HomeMy WebLinkAbout065383 - General - Contract - Atlas Toyota Material Handling, LLCCSC No. 65383
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between Atlas Toyota Material
Handling, LLC ("Vendor") and the City of Fort Worth ("City"), a Texas home rule municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of
precedence in which they are listed:
1. This Cooperative Purchase Agreement;
OFFICIAL RECORD
2. Exhibit A — Seller's Quote; CITY SECRETARY
3. Exhibit B — Cooperative Agency Contract (Sourcewell 053024-ATY); and FT. WORTH, Tx
4. Exhibit C — Conflict of Interest Questionnaire
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B,
or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this
Agreement control.
City shall pay Vendor in accordance with the fee schedule in Exhibit A, including any future quotes, and
in accordance with the provisions of this Agreement. Total annual payment made under this non-exclusive
Agreement may be an amount up to Forty -One Million Dollars and Zero Cents ($41,000,000.00). The Vendor
acknowledges that this is a non-exclusive agreement and there is no guarantee of any specific amount of purchase.
Further, Vendor recognizes that the amount stated above is the total amount of funds available, collectively, for
any Vendor that enters into an agreement with the City under the relevant M&C or cooperative agreement and
that once the full amount has been exhausted, whether individually or collectively, funds have therefore been
exhausted under this Agreement as well. Vendor shall not provide any additional items or services or bill for
expenses incurred for City not specified by this Agreement unless City requests and approves in writing the
additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by
this Agreement unless City first approves such expenses in writing.
The Parties will engage in multiple transactions to purchase grounds material handling equipment and
related motorized equipment under this Agreement For each purchase made pursuant to this Agreement, Vendor
must supply a quote for the subject vehicles, and the quote must conform with the then -current pricing under the
underlying cooperative agreement. If the City accepts the quote and places an order for the vehicles/equipment,
that quote shall be considered as an addendum to this agreement but is not required to be filed in the City records.
The Parties will maintain all quotes for the 3-year Audit period included herein.
The term of this Agreement is effective beginning on the date signed by the Assistant City Manager
("Effective Date") and shall expire no later than May 12, 2027 ("Expiration Date"), unless terminated earlier in
accordance with 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 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 party, its agents, employees, servants or representatives or
(2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows:
To CITY:
To VENDOR:
City of Fort Worth Atlas Toyota Material Handling, LLC
Attn: Valerie Washington, Assistant City Manager
100 Fort Worth Trail 8601 Xylon Ct,
Fort Worth, TX 76102 Minneapolis, MN, 55445-1840
With copy to Fort Worth City Attorney's Office at Facsimile: N/A
same address
City is a government entity under the laws of the State of Texas and all documents held or maintained by
City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that
City maintain records in violation of the Act, City hereby objects to such provisions, and such provisions are
hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information
marked Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility of Vendor to
submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided
by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction.
The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in
accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue
for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas.
To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant
County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no
force or effect.
Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires
City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have
no force or effect.
To the extent the Agreement, in any way, limits the liability of Vendor or requires City to indemnify or
hold Vendor or any third party harmless from damages of any kind or character, City objects to these terms and
any such terms are hereby deleted from the Agreement and shall have no force or effect.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not
apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is
prohibited from entering into a contract with a company for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term
of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Chapter
2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature
provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the Agreement.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not
apply. Vendor acknowledges that in accordance with Chapter 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 Vendor that it: (1) does not boycott energy companies; and
(2) will not boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 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.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not
apply. 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 Vendor 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. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor
certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
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:
V691
BY: Valerie Washington (Jun 17, 2026 09:46:59 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: 06/17/2026
APPROVAL RECOMMENDED:
fi-�—
By: Reginald Zeno (Jun 17, 2026 09:34:16 CDT)
Name: Reginald Zeno
Title: Chief Financial Officer/Director
ATTEST:
9Foe>'°oa
8=p
PVO
BY:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Atlas Toyota Material Handling,
ssLLC
By.
ame: Greg Sanders
Title:
Sales Manager
Date: 06/16/2026
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.
C%�00&4. YS�
Name: Christopher Ha
Title: Senior Buyer
APPROVED AS TO FORM AND LEGALITY:
By: 0�0
Name: Amarna Muhammad
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 26-0393
Date: May 12, 2026
1295 Form: 2026-1465522
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
4% Exhibit A
our e eia
Awarded Contract
April 28, 2026
Janie Arreola
Sr. Buyer
Department of Financial Management Services
Office 817-392-6678
100 Fort Worth Trail
Fort Worth, TX 76102
CONNECT WITH US. Q 0 O O
Dear Janie,
Atlas Toyota Material Handling (MN)
8601 Xylon Ct
Minneapolis, MN 55445-1840
Phone: 763-425-9066
https://www.atlastoyota.com/
We are pleased to submit the attached Toyota CLASS V (I.C. FORKLIFT) quotation for your review and
approval.
As an authorized Toyota dealer, Atlas Toyota Material Handling can provide the high -quality equipment
and service you would expect from the world's leading forklift manufacturer. This quotation reflects our
understanding of your forklift needs, combined with a careful configuration of the appropriate equipment
and options.
To place your order, please sign and date the quotation where indicated and return to me. If you have any
questions, please contact me.
Thank you for your interest in our company and our Toyota products. We look forward to being of valuable
service to you for your material handling needs.
Sincerely,
Greg Sanders
Phone: 763-425-9066
Email: GSanders@AtlasToyota.com
-1-
ourceweIis
AwLirded contract
To: Sourcewell Member
Janie Arreola
Sr. Buyer
Department of Financial Management Services
Office 817-392-6678
100 Fort Worth Trail
Fort Worth, TX 76102
Atlas Toyota Material Handling (MN)
8601 Xylon Ct
Minneapolis, MN 55445-1840
Phone: 763-425-9066
https://www.atlastoyota.com/
Date: April 28, 2026
Quote No: 05520263
We respectfully submit this quotation for the following NEW Toyota Internal Combustion Lift Truck (1 each):
Toyota... Proud to be the world's #1 forklift manufacturer!
TOYOTA MODEL 50-8FG45U, Internal Combustion Lift Truck, quality engineered with the following
specifications:
• Pneumatic Tires
• Gasoline/LP Gas Powered - UL Type "G/LP"
Rating
SYSTEM OF ACTIVE STABILITY- (SAS)
Toyota's industry exclusive System of Active Stability
(SAS) helps reduce lift truck instability by
electronically monitoring and controlling various
functions of the lift truck.
• Active Control Rear Stabilizer: fib
Various lift truck sensors simultaneously
monitor vehicle speed, fork height, load weight,
and vehicle yaw (or angular acceleration). Photo may portray optional equipment not included in
Your quotation.
Should the operator inadvertently place the
truck in a potentially unstable lateral condition, the sensors trigger the S AS controller to activate
the Active Control Rear Stabilizer to help reduce the likelihood of a lateral tip over.
• Active Mast Function Controller (AMC):
Should the operator inadvertently place the lift truck in a potentially unstable longitudinal
condition, these same sensors trigger the SAS controller to activate the AMC, which limits
forward tilt and/or tilt back speed to help reduce the likelihood of a longitudinal tip over.
2-SPEED AUTOMATIC (POWERSHIFT) TRANSMISSION
A standard 2-speed automatic transmission with 2 forward and 2 reverse gears provides superior
torque, gradeability and acceleration to get the job done. Designed by Toyota engineers, this
Sourcewell
April 28, 2026
Quote: 05520263
Opportunity: 0041491257
electronically controlled transmission passed 120 testing parameters to ensure it can meet the
rigorous demands of your application. A standard 1 st gear lock switch on the left-hand side of the
steering column also allows the operator to lock the transmission in 1 st gear when needed.
AUTOMATIC FORK LEVELING
Toyota's Automatic Fork Leveling feature increases productivity while reducing damage with a push of
a button. By depressing the Automatic Fork Leveling button during forward tilt, operators are quickly
and easily able to level the forks.
FULL FLOATING PLANETARY DRIVE AXLE
Your Toyota lift truck is outfitted with a rugged planetary drive axle. This planetary drive axle decreases
the torsional stresses commonly experienced with power shifting, resulting in greater durability,
reliability, which results in increased uptime.
LCD MULTI -FUNCTION DISPLAY II
Features on the new MFD II include data log functions, fuel information, & operation data log all with
QR code output; fuel gauge (excluding LP); and password protected administrator level access that
can manipulate functions such as travel, vehicle management, and operation data log functions.
Mast 3-Stage (FSV) mast with full free lift provides excellent visibility to load and fork
tips, while providing smooth, quiet and consistent operation.
Mast Specifications:
• Maximum Fork Height - 187.0"
• Overall Lowered Height - 92.5"
• Over Head Guard Height - 90.60"
• Free Lift - 44.5" with standard Load Backrest
Lifting Capacity Base Model Capacity — 10,000 Ibs @24" load center
Actual Capacity, based on quoted specifications - 8,900 Ibs @24" load center to
187.0" MFH
Actual capacity ratings stated above are based on standard features, options, and
attachments available through Toyota at the time of quoting. Non-standard features,
options, and attachments may affect actual capacity ratings. Please contact your
Toyota sales representative for additional information.
Tilt 6.0 degrees forward and 6.0 degrees backwards
Carriage Wide Carriage Class III - 76"
Load Backrest 48" High Load Backrest
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Sourcewell
April 28, 2026
Quote: 05520263
Opportunity: 0041491257
Attachments Cascade Hang -on Sideshifting Fork Positioner (Requires 4-Way Valve w/ 3rd and
4th Function Hydraulics)
Cascade Hang -On K-Series SSFP
72" STD Tapered Forks - Class III
Speeds Travel Speed: 14.00 mph
Lift Speed: 94 fpm
Engine 3.71- 1 FS-US 4 cylinder Industrial Engine
Overhead valve (OHV)
Distributor less ignition system
Net Horsepower Rating: 87 @ 2350 rpm SAE HP
Net Torque Rating: 212 @ 1500 rpm SAE ft-lb
Transmission
2-Speed Automatic (Powershift) Transmission
Steering
Load
Sensing Hydrostatic Power Steering with Tilt Steering Column
Wheels and Tires
Front Tires: 300-15-20PR (Pneumatic)
Rear Tires: 7.00-12-12PR (Pneumatic)
Additional
.
Wide Carriage Class III - 76"
Equipment
.
72" STD Tapered Forks - Class III
Included
.
Cascade Hang -On K-Series Sideshifting fork positioner
•
Metallic Mast Bushings
•
UL Approved Model Type "G/LP" Dual Fuel (propane tank not included)
•
Drum Brake
•
Keyless ignition switch (not a pin code)
•
Rear View Mirrors (Left & Right Sides)
•
LPG Bracket (Swing Down Type)
•
LED Strobe Light (Amber)
•
LED Rear Working Light
•
Blue Light (Key ON/OFF)
•
FWD Blue Light (Key ON/OFF)
•
Rear Assist Grip with Horn Button
•
Polycarbonate Overhead Guard Cover
•
Adjustable Volume Back-up Alarm (Smart Alarm)
•
Dual Drive Tires
•
Front Solid Pneumatic Tires - Including Quick Heel Style Rims
•
Rear Solid Pneumatic Tires - Including Quick Heel Style Rims
•
Quick Heel
•
Mylnsights Standard
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Sourcewell
April 28, 2026
Quote: 05520263
Opportunity: 0041491257
Other Outstanding . EPA/CARB Certified Engine
Toyota Features . Operator Presence Sensing System (OPSS)
• Dual Action Hand Parking Brake
• Electronic Shift Control
• Electronic Speed Control
• Low Entry Step Height
• Dual Operator Assist Grips
• Dash Integrated Pen/Pencil/Cup Holder
• Durable Rubber Floor Mat
• High Visibility Overhead Guard
LED Headlights
• Key Off/Headlight Off System
Some standard items listed within this quotation may be replaced or altered due to optional
equipment.
Putting technology
to work for you.
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*Not applicable to all models. Click here for more details: https://www.toyotaforklift.com/sens
Mylnsights Standard telematics provided on most Toyota forklifts deliver valuable insights and
(Teeematics) actionable data for your business. Increase uptime, optimize your fleet, and view
detailed analytics by completing your free registration at my.toyotaforklift.com
today!
Standard Insights:
• Hour Meters, Error Codes, Impact Detection, Location Tracking
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Sourcewell
April 28, 2026
Quote: 05520263
Opportunity: 0041491257
Warranty 12 Months or 2,000 hours whichever occurs first: Basic
36 Months or 6,000 hours whichever occurs first: Powertrain
Warranty coverage for non-standard option components will be covered by the
manufacturer of that component and not covered under the Toyota forklift
standard or powertrain warranty.
We offer a Toyota factory authorized warranty on all new Toyota Material Handling
Equipment.
Investment Price -Toyota Model 50-8FG45U as specified above: $85,699 Each
Net Price: $85,699 Each
Currently there are 13 build spots remaining for June
production (to you late July). The next batch will be built in
September and to you early October if we don't get an
earlier one.
Financing and Toyota Industries Commercial Finance has been providing effective finance
Maintenance solutions to customers since 1985. As Toyota Material Handling's captive finance
partner, we are committed to offering customized financing solutions, tailored
financing terms, unmatched industry experience, ultimate transparency, and an
unparalleled understanding of your unique business needs. In addition, Full
Maintenance and Planned Maintenance programs are available.
Terms and Payment: Net 30 days / Cash or Financed
Conditions Delivery: Will advise at time of order.
F.O.B.: Delivered
Prices are exclusive of any sales or use taxes now in force or which may be made
effective in the future by any federal, state, or local governments.
Lease offerings subject to credit approval.
Cancellation:
Buyer may cancel its order, reduce quantities, revise specifications or extend
schedules only by mutual agreement.
Reasonable and proper cancellation charges (minimum of 20% of purchase price
per unit) will apply and which shall take into account expense already incurred
and commitments made by Seller and shall indemnify Seller against any loss.
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Sourcewell
April 28, 2026
Quote: 05520263
Opportunity: 0041491257
Performance and specifications stated are based on specific testing and
operating conditions. Actual performance and specifications may vary based on
application, option configuration, operating conditions, and environmental
factors.
Some options and configurations may void UL.
Conditions subject to change to those in effect at time of delivery.
Your signature on this proposal constitutes an order.
Please contact your Toyota sales representative for additional information.
PRE -SHIPMENT PRICE INCREASES
We are working to have this removed for our government proposal templates.
We may, on one or more occasions, increase the price of the ordered equipment,
and you shall pay the increased prices, if up to 30 days prior to date of shipment,
(a) the U.S. Material Handling Equipment Producer Price Index ("MHEPPI") has
increased four percent (4%) or more as compared to the MHEPPI as of the date of
customer's proposal acceptance; or (b) the manufacturer of the equipment
increases the price the seller pays the manufacturer for the ordered equipment
due to any new or increased government fees, tariffs or duties. Price increases
will correlate to, as applicable, the percentage increase in the MHEPPI or
manufacturer price increase.
TELEMATICS AND DATA COLLECTION
The equipment in this proposal is enabled with the Mylnsights system ("System"),
which collects certain location and operational data concerning the equipment
and transmits it to Toyota Material Handling, Inc. for processing and analytics.
Your use of the System is subject to the Mylnsights Master Agreement or other
written agreement explicitly governing your use of the System between you and
Toyota Material Handling, Inc. (the "System Master Agreement"). If you and
Toyota Material Handling, Inc. are not parties to a System Master Agreement,
your use of the System is subject to the Mylnsights Telematics Terms and
Conditions found at https://www.toyotaforklift.com/myinsights-legal ("System
Terms"), which are incorporated herein by reference. Your acceptance of this
proposal (as provided in the following paragraph), or otherwise using the
equipment, constitutes your acceptance of the System Terms and the formation
of an agreement between you and Toyota Material Handling, Inc. based on the
System Terms. You may opt out of data collection features for the System as
provided in, as applicable, the System Master Agreement and System Terms.
Failure to opt out signifies your consent and agreement to the collection and
usage of data in accordance with, as applicable, the System Master Agreement
and System Terms.
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Sourcewell
April 28, 2026
Quote: 05520263
Opportunity: 0041491257
QUOTE ACCEPTANCE
This proposal constitutes an offer by us that you may only accept on the terms
set forth herein. To accept our offer, you shall (a) sign and return the signed
proposal to us; or (b) issue a purchase order that attaches or otherwise
references this proposal. If you issue a purchase order under the preceding
sentence, the parties acknowledge that any terms (including pre-printed terms)
appearing thereon will have no effect and are expressly disclaimed and your
acceptance is limited to the terms of this proposal. Your acceptance of any item
offered hereunder will be deemed an acceptance of all terms set forth in this
proposal.
Sincerely,
Atlas Toyota Material Handling (MN)
By.
Name: Greg Sanders
Title: Sales Manager
Accepted:
Sourcewell
Cash Price $
Financed Payment* $
By:
Name:
Title:
Date:
Per Month Months
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Sourcewell
April 28, 2026
Quote: 05520263
Opportunity: 0041491257
Toyota 360 Support Options
(not included in this quotation)
Item Price Accepted*
1. Toyota 360 Support Plus 3 $899
36 Months/6,000 Hrs Carriage to Counterweight Warranty
60 Months/6,000 Hrs Major Parts and Component Warranty
Up to First (4) PM's Included (Parts and Labor)
2. Toyota 360 Support Plus 4 $1099
48 Months/8,000 Hrs Carriage to Counterweight Warranty
60 Months/8,000 Hrs Major Parts and Component Warranty
Up to First (4) PM's Included (Parts and Labor)
3. Toyota 360 Support Plus 5 $1299
60 Months/10,000 Hrs Carriage to Counterweight Warranty
60 Months/10,000 Hrs Major Parts and Component Warranty
Up to First (4) PM's Included (Parts and Labor)
* Customer. please signify acceptance of an option by initialing in the space provided.
36
... UPGRADETO
--
S U P P O R T �t muY1 A "S SUPPORT PLUS!
Includes 1 year of scheduled planned maintenance (up to 4) and additional product assurance.
*Not applicable to all models. See here for more details: www.ToyotaForklift.com/360-support encl
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Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
053024-ATY
Exhibit B
Sourcewell
Solicitation Number: OS3024
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Atlas Toyota Material Handling, LLC, 1815 Landmeier Road, Elk Grove
Village, IL 60007 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Forklifts, Lift Trucks with Related Products and
Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
EXPIRATION DATE AND EXTENSION. This Contract expires July 23, 2028, unless it is cancelled
sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions
upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right
to consider additional extensions beyond seven years as required under exceptional
circumstances.
B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
Rev. 3/2022
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
053024-ATY
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Supplier's dealers
and distributors must agree to assist the Participating Entity in reaching a resolution in any
dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends
beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier's Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
Rev. 3/2022
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
053024-ATY
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Supplier must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery. In the event of the delivery of nonconforming
Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax -
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At anytime during this Contract, Supplier may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Supplier Development Administrator. This
approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
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• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an
amendment to this Contract and will be incorporated by reference.
S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees maybe required to perform work at government -
owned facilities, including schools. Supplier's employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
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subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier's acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry -specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum, the terms of which will be negotiated directly between the
Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as
applicable. Any negotiated additional terms and conditions must never be less favorable to the
Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed in this Contract (such as e-
commerce specifications, specialized delivery requirements, or other specifications and
requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
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A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, performance issues, supply
issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department);
• Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Supplier may not charge Participating Entities more than the contracted
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price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above "Attn: Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier's Authorized Representative is the person named in the Supplier's Proposal. If
Supplier's Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this Contract are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
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D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by the
parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party. For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications. Sourcewell's
responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, maintained, or
disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and
license to use the trademark(s) provided to Supplier by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Supplier.
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b. Supplier grants to Sourcewell a royalty -free, worldwide, non-exclusive right and
license to use Supplier's trademarks in advertising and promotional materials for the
purpose of marketing Supplier's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in
advertising and promotional materials for the purpose of marketing the Parties' relationship
to Participating Entities. Any sublicense granted will be subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party's trademarks from the form provided
and must comply with removal requests — `ts trademarks or
logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's trademarks only in good faith and in a dignified manner consistent with
such party's use of the trademarks. Upon written notice to the breaching party, the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non -defaulting
party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products -completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability -completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non -owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer's Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional
Liability. During the term of this Contract, Supplier will maintain coverage for all claims
the Supplier may become legally obligated to pay resulting from any actual or alleged
negligent act, error, or omission related to Supplier's professional services required
under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 —annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data — including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
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Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsements) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Supplier or its subcontractors. The waiver must apply to all
deductibles and/or self -insured retentions applicable to the required or any other insurance
maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must
require similar written express w�'�®_ 0 1� ����- a� , —ance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self -insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing.
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Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
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the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Supplier must be in
compliance with all applicable Davis -Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Rev. 3/2022 15
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053024-ATY
Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Suppliers must file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31
U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
Rev. 3/2022 16
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
053024-ATY
records of Supplier that are directly pertinent to Supplier's discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The
right also includes timely and reasonable access to Supplier's personnel for the purpose of
interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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 competiti--_ ---'ce of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre -approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to
this Contract or any purchase by a Participating Entity and is not subject to any obligations or
liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter
resulting from the Contract or any purchase by an authorized user.
0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The
Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and
Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a
Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services,
Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and
Participating Entity are able to assess the actual or potential conflict; and provide any additional
information as necessary or requested.
Rev. 3/2022 17
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
053024-ATY
R. U.S. EXECUTIVE ORDER 1322C- T e-------'-actors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources
and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it
will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies
that during the term of this Contract will comply with applicable requirements of 2 C.F.R. §
200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier's
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
JIM
Sourcewell
�Dooccu�S�iigned bby::'' ,. /
COFD2A 139DO6489...
Jeremy Schwartz
Title: Chief Procurement Officer
7/29/2024 1 4:51 PM CDT
Date:
Atlas Toyota Material Handling, LLC
I
l'DAY,o,CcuuSiOig���/�nee(�'�d by:
By:
C9C 9E4E2A
Gregory Sanders
Title: Major Accounts Sales Manager
Date: 7/29/2024 1 4:45 PM CDT
Rev. 3/2022 18
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
RFP 053024 - Forklifts, Lift Trucks with Related Products and
Services
Vendor Details
Company Name:
Atlas Toyota Material Handling, LLC.
Does your company conduct
business under any other name? If
Atlas Lift Truck
yes, please state:
8601 Xylon Court
Address:
Brooklyn Park, MN 55445
Contact
Greg Sanders
Email:
gsanders@toyotaequipment.com
Phone:
763-315-9273
HST#:
27-4350763
Submission Details
Created On:
Monday May 13, 2024 09:27:10
Submitted On:
Wednesday May 29, 2024 06:11:25
Submitted By:
Greg Sanders
Email:
gsanders@toyotaequipment.com
Transaction #:
1013c17a-e674-4fbd-8eff-8d9fb77a3ee1
Submitter's IP Address:
174.213.242.57
Bid Number: RFP 053024 Vendor Name: Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: A7BC3005-108D-4OC6-9CF1-FDAD8C81D278
Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach
additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the
question does not apply to you (preferably with an explanation).
Line
Item
Question
Response*
1
Proposer Legal Name (one legal entity only):
Atlas Toyota Material Handling LLC
(in the event of award, will execute the
resulting contract as "Supplier")
2
Identify all subsidiary entities of the Proposer
Badger Toyota Lift (Wisconsin)
whose equipment, products, or services are
included in the Proposal.
3
I` "~ - ----umed names or DBA
Atlas Toyota Material Handling, Atlas Lift, Atlas Lift Truck Rental & Sales, Atlas
names of the Proposer or Proposer's
Companies
subsidiaries in Line 1 or Line 2 above.
4
Provide your CAGE code or Unique Entity
OMN30
Identifier (SAM):
5
Proposer Physical Address:
Address: 1815 Landmeier Road, Elk Grove Village, IL 60007
6
Proposer website address (or addresses):
www.atlastoyota.com
7
Proposer's Authorized Representative (name,
Gregory Sanders, Major Accounts Sales Manager, 8601 Xylon CT N, Brooklyn Park,
title, address, email address & phone) (The
MN 55445, gregs@toyotaequipment.com, 763-315-9273
representative must have authority to sign
the "Proposer's Assurance of Compliance" on
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):
8
Proposer's primary contact for this proposal
Gregory Sanders, Major Accounts Sales Manager, 8601 Xylon CT N, Brooklyn Park,
(name, title, address, email address & phone):
MN 55445, gregs@toyotaequipment.com, 763-315-9273
9
Proposer's other contacts for this proposal, if
George Sefer, VP of Sales, 1815 Landmeier Road, Elk Grove Village, IL 60007,
any (name, title, address, email address &
gsefer@atlaslift.com,
phone):
Jeff Stone, Director of National Accounts. 1815 Landmeier Road, Elk Grove Village,
IL 6007
Table 2: Company Information and Financial Strength
Line
Item
Question
Response*
10
Provide a brief history of your company,
Atlas Toyota Material Handling, LLC is majority owned by Toyota Material Handling,
including your company's core values,
Inc. (the Manufacturer). Toyota Material Handling, Inc. is a part of Toyota Material
business philosophy, and industry longevity
Handling Industries, North America. Toyota Material Handling Industries North
related to the requested equipment, products
America is a part of Toyota Material Handling, Group - Headquartered in Nagoya
or services.
Japan. Toyota Material Handling Goroup is the global manufacturer leader for
Material Handling Equipment. Calendar 2023 revenues globally exceeded $16
Billion Dollars (US). Toyota has experienced multiple decades CY2000 and beyond
as the leading global manufacturer of Material Handling Equipment Toyota has
provided its equipment in the United States since 1967. Atlas Toyota has been an
authorized Toyota dealer/distributor since 1968 and is annually one of the volume
leaders in sales and market share for Toyota. Atlas Toyota Material Handling's
primary geographic responsibility is Northeast Illinois and Northwest Indiana (Chicago
Metropolitan Area), Southern Wisconsin (Milwaukee and Madison) and Northwest
Wisconsin (Eau Claire and Lacrosse) and the entire state of Minnesota
11
What are your company's expectations in the
To execute the sale and delivery of the ordered equipment and related services in
event of an award?
compliance with all rules, regulations, policies as contracted with Sourcewell as well
as execute all the committed warranties, policies and procedures of the
Manufacturer(s) of the equipment.
Bid Number: RFP 053024 Vendor Name: Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
12
Demonstrate your financial strength and
Atlas Toyota Material Handling LLC is a private entity, and financial documents are
stability with meaningful data. This could
not published but available by request from appropriate partes. The public
include such items as financial statements,
informa— "tlas Toyota Material Handling had revenues
SEC filings, credit and bond ratings, letters
exceeding $310 million for the fiscal year ended March 32, 2024, and employees
of credit, and detailed reference letters.
over 400 associates. Atlas was founded in 1950 and today is known as Atlas
Upload supporting documents (as applicable)
Toyota Material Handling, LLC. Headquartered in the Chicago, IL area, Atlas Toyota
in the document upload section of your
has the distribution territories of Northwest Illinois, Southern and Northwest
response.
Wisconsin, and the State of Minnesota. Past 5 year history of total revenues are as
follows: FY2024 - $310+ million; FY2023 - $289+million; FY2022 - $235+million;
FY2021 - $210+million; FY2020 - $196+ million
13
What is your US market share for the
The Toyota Brand US and Canadian Combined Retail Order Market Share in all
solutions that you are proposing?
five industry clas--- ".' r •—stries North American Market Share for
all brands across " "- - - '- - "" '--rota Material Handling manages
both the U.S and Canadian Markets as a single market, North America.
14
What is your Canadian market share for the
The Toyota Brand US and Canadian Combined Retail Order Market Share in all
solutions that you are proposing?
five industry classes is 22.5%. Toyota Material Handling manages both the U.S
and Canadian Markets as a single market, North America. es North American
Market Share for all brands across all five classes is above 38%.
15
Has your business ever petitioned for
No
bankruptcy protection? If so, explain in detail.
16
How is your organization best described: is
Atlas Toyota Material Handling, LLC is majority owned by Toyota Material Handling
it a manufacturer, a distributor/dealer/reseller,
(based in Columbus, IN) and is the authorized distributor/dealer/reseller for the
or a service provider? Answer whichever
Toyota Material Handling for Northeast Illinois, Northwest Indiana, Southern Wisconsin,
question (either a) or b) just below) best
Northwest Wisconsin, and the State of Minnesota. Toyota Material Handling is the
applies to your organization.
US Manufacturer of Toyota brand material handling equipment for Toyota Material
a) If your company is best described as
Handling Global, which is a company within Toyota Industries. Corporation. Atlas
a distributor/dealer/reseller (or similar entity),
Toyota Mater— for the sale of new Toyota material handling
provide your written authorization to act as a
products, (and related products) as well as for aftermarket service, parts, rental, and
distributor/dealer/reseller for the manufacturer
training pertaining to those Toyota products.
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
17
If applicable, provide a detailed explanation
Not Applicable
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.
18
Provide all "Suspension or Debarment"
Not Applicable
information that has applied to your
organization during the past ten years.
Bid Number: RFP 053024 Vendor Name: Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
Table 3: Industry Recognition & Marketplace Success
Line
Item
Question
Response*
19
Describe any relevant industry awards or
Atlas Toyota Material Handling is annually recognized by Toyota Material Handling
recognition that your company has received
(Manufacturer) as a leading and award -winning dealer for Service Operations, Parts
in the past five years
Operations, Sales Operations, Sales Volume and Sale Market Share. Indiana's
Governor's Award: Toyota Material Handling was recognized with the 2021 Indiana
Governor's Award for Environmental Excellence in the 'Five Year Continuous
Improvement' category for the company's Carbon Dioxide (CO2) reduction projects.
Since 2018, TMH's CO2 reduction projects have resulted in a 22% reduction in
electrici`~ in natural gas consumption, and a 37%
reduction in CO2 emissions. Recycling Program
Toyota Mated--' " *...... facility that has sent zero waste material
to a landfill for over 19 years. In 2022, TMH diverted 579 tons of waste from going
to a landfill. Inst---- •---- -'-d is sent to a waste -to -energy
facility. Toyota promotes recycling throughout the plant by recycling numerous
materials such as paper, scrap metal, cardboard, plastic, wood, and more, with a
total of 7,545 tons of materials recycled, recovered, or reused in 2022.
Environmental Management
Toyota Material Handling has been an ISO 14001-certified facility since 1999. This
certification involves conforming to a framework to ensure effective environmental
management and continual improvement. TMH obtains 3rd party verification through
audits twice each year and continues to follow an environmental policy
continually Improving our processes.
20
What percentage of your sales are to the
3-4%
governmental sector in the past three years
21
What percentage of your sales are to the
<1%
education sector in the past three years
22
List any state, provincial, or cooperative
State of MN L-517 Lifts, Self-propelled.
purchasing contracts that you hold. What is
th........... . _...._ _..._....._ -. --ach of these
contracts over the past three years?
23
List any GSA contracts or Standing Offers
GSA Schedule 56 MAS, GS-07F-115AA. Approximately $6,000,000
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
Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name *
Contact Name *
Phone Number*
City of Baxter
Dani Steininger
Phone: (218) 454-5135
Hennepin County
Steve Dziuk
612-596-0273
MN DNR
Tom Lattimore
Cell: 218-398-0848
Bid Number: RFP 053024 Vendor Name: Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C8lD278
Table 5: Top Five Government or Education Customers
Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity
type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three
years.
Entity Name
Entity Type *
State / *
Province
Scope of Work *
Size of Transactions *
Dollar Volume Past Three
Years
Department of
Government
Minnesota - MN
forklifts and
$4200 to $55,000
$231,000
Veteran Affairs
.. . �- gers
US Bureau of
Government
Minnesota - MN
forklifts and motive power
$2200 to $60,000
$707,000
Prisons
batteries and chargers
US Army
Government
Minnesota - MN
forklifts and •- -*'-- ----
$2200 to 70,000
$602,000
d ._.. ...._gers
US coast guard
Government
Minnesota - MN
forklifts and �o e_
$4200 to 140,000
$292,000
gers
Us Air Force
Government
Minnesota - MN
forklifts and motive power
$4200 to 55,000
$256,000
batteries and chargers
Table 6: Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number
of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third
party), and any overlap between the sales and service functions.
Line
Item
Question
Response*
26
Sales force.
Atlas Toyota Material Handling, LLC has/will assign a Sourcewell Account Specialist
(Manager) to serve Sourcewell customers. This account manager will be Gregory
Sanders, Major Accounts Sales Manager for Atlas Toyota Material Handling -
Minnesota. Gregory is experienced and expert in government sales (GSA) for over
20 years and has the experience to ensure all rules, policies and regulations are met
to ensure satisfaction for all stakeholders. Gregory is back-up by the Atlas Toyota
Material Handling, LLC sales department consisting of a Vice -President of Sales, (5)
Sales Managers and over (30) professional and trained Toyota Material Handling
sales professionals.
27
Dealer network or other distribution
Atlas Toyota Material Handling, LLC is the responsible Toyota dealer for proposing
methods.
and selling new Toyota products through the Sourcewell program. As the responsible
dealer Atlas Toyota Material Handling LLC is responsible to work with any authorized
Toyota dealer to meet Toyota's requirements for equipment delivery to any customer
facility within North America. Atlas Toyota Material Handling will coordinate with the
Toyota Dealer Network (50 dealers with 230 locations) to ensure accurate and timely
delivery as well as follow-up for aftermarket repair and maintenance services,
maintenance and replacement parts, operators training and any other necessary
services for the safe and proper utilization of the equipment.
28
Service force.
Atlas Toyota Material Handling, LLC employees over 200 technicians across its
geographical footprints in Illinois, Minnesota, and Wisconsin. Atlas Toyota Facilities
across all regions carry a substantial maintenance and repair parts ($3+ million) to
ensure prompt service repair completion. All technicians receiving factory training and
certification. Outside of Atlas Toyota Material Handling LLC geographical regions,
there are 50 Toyota dealers with over 230 combined locations throughout North
America to provide the same level of service and aftermarket support. There are
over 2,200 Toyota dealer technicians throughout North America.
29
Describe the ordering process. If orders
Orders will be received and executed by the selling distributor/dealer (Atlas Material
will be handled by distributors, dealers or
Handling, LLC) through Sourcewell. Atlas Toyota Material Handling will comply with the
others, explain the respective roles of the
rules and policies set forth by Sourcewell and the rules and policies set forth by the
Proposer and others.
manufacturer, Toyota. Atlas Toyota Material Handling will ensure that all of Toyota's
requirements for properly handling and delivering Toyota equipment will be correctly
executed by the Toyota dealer network, regardless of customer location. The
Bid Number: RFP 053024 Vendor Name: Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
30
Describe in detail the process and
The customer service program ostensibly starts at the delivery of the new
procedure of your customer service
equipment. A customer service representative from the authorized servicing deal-'
program, if applicable. Include your
"' --' ------- -" "' _--ntacts at the local receiving customer
response -time capabilities and
company/organization and review the operation of the equipment, warranties, and
commitments, as well as any incentives
recommend aft----`-` ���'� _o�_o.re ���"�`"� —th the customer's operation
that help your providers meet your stated
environment and requirements. Most commonly, a planned maintenance program in
service goals or promises.
accordance's with the manufacturer's recommendation will be presented and
implemented by mutual agreement.
31
Describe your ability and willingness to
Atlas Toyota Material Handling, LLC on behalf of Toyota Material Handling will be the
services to
main point of contact/sale for Sourcewell and ensure that the Sourcewell program is
Sourcewell participating entities in the
exe- -'-" w ="r �� w�" as ��� a T--ta's delivery requirements, warranties,
United States.
and aftermarket programs are correctly applied throughout the Toyota dealer sales
and service network.
32
Describe your ability and willingness to
Same as above. Same as for the United States. Toyota Mat"
services to
"' ' "' ".S and Canadian markets as one, North America.
Sourcewell participating entities in Canada.
33
Identify any geographic areas of the United
In extremely remote areas of Alaska, Hawaii, and Canada we require the forklift to
States or Canada that you will NOT be
be delivered to us, or for the customer to pay reasonable travel expenses for the
fully serving through the proposed contract.
technician.
34
Identify any Sourcewell participating entity
Not Applicable - we are unrestricted to sell our products in the USA and Canada.
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
contract?
35
Define any specific contract requirements
There will be special transportation charges required for equipment delivering to
or restrictions that would apply to our
Hawaii and any US Territories not whose land is not contiguous to the North
participating entities in Hawaii and Alaska
American continent. due to the necessity of ocean shipping.
and in US Territories.
Table 7: Marketing Plan
Line
Item
Question
Response*
36
Describe your marketing strategy for
Atlas Toyota Material Handling, LLC's plan is to first identify the potential sales volume for
promoting this contract opportunity.
New Toyota products and consolidate those purchases for an expected annual sales
Upload representative samples of your
volume for Sourcewell program participants. Those annual sales volumes are
marketing materials (if applicable) in
communicated to the manufacturer, Toyota Material Handling, to ensure National/Major
the document upload section of your
Account Volume pricing which involves higher discounts than typical low volume purchases
response.
(less than 10 units). Once Sourcewell program pricing is secured, The Atlas Toyota
Material Handling, Sourcewell Program Sales Manager will communicate directly with
Sourcewell program participants inquiring about sourcing equipment to ensure proper
equipment specifications and programs. Additionally general marketing materials will be
provided to Sourcewell program participants to introduce Toyota products and services.
37
Describe your use of technology and
Atlas Toyota Material Handling, LLC at the direction of Sourcewell and its own Sourcewell
digital data (e.g., social media,
Program Sales Manager, will employ marketing tools and strategies directly through
metadata usage) to enhance
targeted emails, and generally through Social Media advertising (Facebook), company
marketing effectiveness.
website www.atiastoyota.com and the manufacturers website. www.toyotaforldift.com.
38
In your view, what is Sourcewell's role
In our view, Sourcewell's role in promoting contracts resulting from this RFP would be t
in promoting contracts arising out of
advertise that Atlas Toyota Material Handling, LLC is an approved, competent, and viable
this RFP? How will you integrate a
source for Material Handling Equipment. If promotion is allowed, Sourcewell could
Sourcewell-awarded contract into your
emphasize Toyota's position as the leading and largest global manufacturer of material
sales process?
handling equipment.
39
Are your products or services
The manufacturer, Toyota Material Handling, provides very limited e-procurement options for
available through an e-procurement
the simplest of products, light duty electric walkie equipment. The manufacturer also
ordering process? If so, describe your
provides capability for maintenance parts via e-procurement. The e-commerce capability
e-procurement system and how
is purposefully limited in order to ensure proper and safe specifications of equipment and
governmental and educational
repair parts. Consequently, direct communication with the selling and servicing dealers is
customers have used it.
the best practice to ensure proper and safe operation and avoid the downfalls and costs
of missing or omitting crucial components or equipment. E-commerce parts ordering
capability cantwill be explained to any requesting Soucewell program particiapant.
Table 8: Value -Added Attributes
Line Question Response*
Item
Bid Number: RFP 053024 Vendor Name: Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
40
Describe any product, equipment,
Operator familiarization is provided with the delivery of a new forklift by the delivering dealer
maintenance, or operator training
at no cost. Your local Toyota forklift dealer can provide forklift safety training programs for
programs that you offer to
all your operators. It's important to remember that operators must be certified on all types
Sourcewell participating entities.
of forklifts th on a sit-down counter -balanced forklift like a Toyota
Include details, such as whether
IC Cushion does not mean that an operator is necessarily qualified to drive an order
training is standard or optional,
picker. When you acquire a new kind of material handling equipment, make sure you're in
who provides training, and any
contact with y---- 'raining your operators. And make sure any
costs that apply.
new associate that is hired is properly trained as well. Costs vary based on class location
and size. Typically form $150-300 per operator. Technical training is also offered based on
desired class size and scope. Additional costs apply.
So, what can Toyota •--- dy manage site safety at your facility?
Every Toyota forklift dealership offers safety -related programs and products, including, but not
limited to:
Operator Training
Train the Trainer
Safety Equipment
Safety Accessories
Safety Regulation Training
Vehicle Inspections
Battery Safety & Maintenance
Site Safety Surveys
For more information about Toyota forklift training or to request a quote, please contact your
locally authorized Toyota dealer.
41
Describe any technological
Toyota's System of Active Stability (SAS)Tm helps reduce the risk of accidents and injuries,
advances that your proposed
minimizes the potential for product and equipment damage, and increases overall
products or services offer.
productivity levels.
SAS senses various factors that lead to lateral instability and potential lateral overturn.
When those conditions are detected, SAS instantly engages the Swing Lock Cylinder to
stabilize the rear axle, changing the forklift's stability footprint from triangular in shape to
rectangular. The resulting increase in stability substantially reduces the likelihood of a lateral
overturn. The "'lizer or the Active Mast Function Controller also adds
stability and helps avoid accidents or injuries. Operator assist system with Pedestrian and
Object Detection — Including truck slow down*
Assisting Operators by providing visual and audible alerts along with truck slowdown for
awareness while operating.
The SEnS+ camera has been exclusively designed for forklifts to detect objects and
pedestrians in the detection range. The system supports your operation by notifying the
operator with a warning buzzer and warning lights.
In addition to the system notifications, the system can control the traveling speed and slows
the truck fo ^� �� e�s �� a �� a ��� a --nditions.
42
Describe any "green" initiatives
Environmental Management
that relate to your company or to
Toyota Material Handling has been an ISO 14001-certified facility since 1999. This
your products or services, and
certification involves conforming to a framework to ensure effective environmental
include a list of the certifying
management and continual improvement. TMH obtains 3rd party verification through audits
agency for each.
twice each year and continues to follow an environmental policy of Complying, Preventing,
and Continually Improving our processes.
Indiana's Governor's Award
Toyota Material Handling was recognized with the 2021 Indiana Govemor's Award for
Environmental Excellence in the 'Five Year Continuous Improvement category for the
company's Carbon Dioxide (CO2) reduction projects. Since 2018, TMH's CO2 reduction
projects have resulted in a 22% reduction in electricity consumption, a 23% reduction in
natural gas consumption, and a 37% reduction in CO2 emissions.
Recycling Program
Toyota Material Handling is a landfill -free facility that has sent zero waste material to a
landfill for over 19 years. In 2022, TMH diverted 579 tons of waste from going to a landfill.
Instead, waste that cannot be recycled is sent to a waste -to -energy facility. Toyota promotes
recycling throughout the plant by recycling numerous materials such as paper, scrap metal,
cardboard, plastic, wood, and more, with a total of 7,545 tons of materials recycled,
recovered, or reused in 2022.
Bid Number: RFP 053024 Vendor Name: Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81 D278
43
Identify any third -party issued eco-
Toyota Material Handling has been an ISO 14001-certified facility since 1999. Indiana
labels, ratings or certifications that
Governor's Award for Environmental Excellence
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.
44
Describe any Women or Minority
We are located in a HUB zone and currently in the process of certification. We are a
Business Entity (WMBE), Small
certified small business for SAM / GSA. E Library document attached as requested.
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
45
What unique attributes does your
Toyota Material Handling has achieved the reputation of unparalleled quality, safety, and
company, your products, or your
lowest overall costs of ownership. As the authorized Toyota dealership with the most
services offer to Sourcewell
extensive experience in selling and servicing material handling equipment for government
participating entities? What makes
entities (GSA since '�""' a �`� �� " to ensure optimal value and service for
your proposed solutions unique in
Sourcewell. Greg Sanders has instituted and executed the
your industry as it applies to
GSA sa— _._ .._..�.�•..� _ __ 35 years' experience in the forklift industry.
Sourcewell participating entities?
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure,
and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document
upload section of your response in addition to responding to the questions below.
Line
Item
Question
Response'
46
Do your warranties cover all products, parts, and
Yes. All new products are covered by Warranty and is available throughout
labor?
the USA and Canada,
47
Do your warranties impose usag
Yes. Hour meter readings are used. Sufficient hours are allowed to cover
— "'' "'ations that adversely affect coverage?
forklifts used in 8 hour per day applications.
48
Do your warranties cover the expense of
yes, with the exception of Hawaii and remote parts of Alaska and Canada.
technicians' travel time and mileage to perform
warranty repairs?
49
Are there any geographic regions of the United
No. Toyota provides coverage across the US and Canada. The receiving
States or Canada (as applicable) for which you
and delivering dealer with their decals on the vehicles clearing giving the
cannot provide a certified technician to perform
dealership phone numbers. You may also find your local dealer at:
warranty repairs? How will Sourcewell
https://www.toyotaforklift.com/find-a-dealer
participating entities in these regions be provided
service for warranty repair?
50
Will you cover warranty service for items made by
If other vendors in conjunction with are used to complete an order, the
other manufacturers that are part of your proposal,
respective OEM warranty will cover those items_
or are these warranties issues typically passed on
Ito the original equipment manufacturer?
51
What are your proposed exchange and return
Cancellation: Buyer may cancel its order, reduce quantities, revise
programs and policies?
specifications or extend
schedules only by mutual agreement. Reasonable and proper cancellation
charges (generally
15% of purchase price per unit) will apply and which shall take into account
expense already
incurred and commitments made by Seller and shall indemnify Seller against
any loss.
52
Describe any service contract options for the
We have extended warranty provisions from Toyota that increase warranty
items included in your proposal.
coverage and can include the first year of planned maintenance. Typically,
from $800 to $1200 based on term extension and model you can get full
coverage for 3 to 5 years.
Bid Number: RFP 053024 Vendor Name, Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
Table 10: Payment Terms and Financing Options
Line
Item
Question
Response*
53
Describe your payment terms and accepted payment
Net 30 days. Cash, ACH, check, or approved financing. Purchasing
methods.
cards or credit cards are subject to 2.65% service fees.
54
Describe any leasing or financing options available for use
Toyota is the second largest bank in the world. We work with their
by educational or governmental entities.
captive finance arm to deliver the highest customer service. We
rent, lease, or loan the money for customer to use or own forklifts.
Payment streams can match seasonal fluctuations and terms set to
each application.
55
Describe any standard transaction documents that you
We would issue a proposal to each end user. Specifications and
propose to use in connection with an awarded contract
terms are listed. See PDF 013015519-2 for an example done for
(order forms, terms and conditions, service level
the city of Fridley, MN
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
56
Do you accept the P-card procurement and payment
Yes. 2.65% service fees with bank cards.
process? If so, is there any additional cost to Sourcewell
participating entities for using this process?
Bid Number: RFP 053024 Vendor Name: Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
Line
Item
Question
Response"
57
Describe your pricing model (e.g., line -item discounts or
We would offer Toyota MSRP pricing with a discount based on
product -category discounts). Provide detailed pricing data
model class from 25 to 30%. On Cascade attachments, Stryten
(including standard or list pricing and the Sourcewell
battery and chargers 10 to 12.5%. There are multiple ways to
discounted price) on all of the items that you want
configure each lift and many options to consider. Some options
Sourcewell to consider as part of your RFP response. If
conflict with each other and we will provide a detailed solution each
applicable, provide a SKU for each item in your proposal.
time. We have uplaoded the prices for each Toyota model as well
Upload your pricing materials (if applicable) in the
as Comm options. There are other custom designs which will be
document upload section of your response.
achieved through special engineering quotes and detailed on a
proposal if necessary.
58
Quantify the pricing discount represented by the pricing
The discount from msrp list would be 25-30% on Toyota and 10-
proposal in this response. For example, if the pricing in
12.5% on Stryten batteries and chargers.
your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
59
Describe any quantity or volume discounts or rebate
From time -to -time Toyota offers discounts and incentives in the form
programs that you offer.
of rebates. I have one included in the pricing document that
provides a $2000 rebate when a competitive branded forklift is
traded in. We also offer quantity discounts for large orders based
on market conditions.
60
Propose a method of facilitating "sourced" products or
Open market items are sold at cost + 10%. We can include these
related services, which may be referred to as "open
with the forklift proposal or show them as options at as requested
market" items or "nonstandard options". For example, you
by the end user. For example, a customer may wish to have a rug
may supply such items "at cost' or "at cost plus a
ram on the forklift for use in hauling carpet rolls. We would work
percentage," or you may supply a quote for each such
with our vendors and have them shipped to the local dealer for
request.
installation on the forklift or ship directly to the end user based on
their need.
61
Identify any element of the total cost of acquisition that is
Dealer charge fees for installation of non-standard items that are on
NOT included in the pricing submitted with your response.
time and material basis. For example, a customer may wish to
This includes all additional charges associated with a
have a fork mounted camera for viewing fork location at high
purchase that are not directly identified as freight or
heights. We would provide a quote for installing the camera as well
shipping charges. For example, list costs for items like pre-
as a monitor. Predelivery inspection is included in sale. If there is
delivery inspection, installation, set up, mandatory training,
an excessive wait time to access a facility, additional charges could
or initial inspection. Identify any parties that impose such
apply.
costs and their relationship to the Proposer.
62
If freight, delivery, or shipping is an additional cost to the
Freight costs would be included in the price.
Sourcewell participating entity, describe in detail the
complete freight, shipping, and delivery program.
63
Specifically describe freight, shipping, and delivery terms or
Canadian orders would be handled on a special quote basis.
programs available for Alaska, Hawaii, Canada, or any
Canadian laws require a set of options that are different from he
offshore delivery.
USA. We would work with the local Canadian dealer to be sure
these are achieved. Freight to Alaska, Hawaii, and Guam is done
through our broker Odessey Freight. We have used them for 20
years and deliver the units to their Fife, WA or Carson, CA
locations and they sail it to the remote destination where it is
unloaded and delivered to the end user.
64
Describe any unique distribution and/or delivery methods or
We make a dime do a dollar's work in transportation. We utilize
options offered in your proposal.
common carriers, rail, sea, and local forklift companies to make
sure the loads arrive safely and on time. Loads over 10,000
pounds are secured to Conestoga trailers to make sure they do not
shift during transport. 80% or more of the forklifts we sell are made
in the USA in our Iowa, Indiana, New York, and West Chicago
factories. We have specialty forklifts made in Italy and Japan. All
TIAA compliant forklifts are proposed here. We do have Chinese
products from Toyota, but they are not offered under this proposal.
They can be acquired on special request.
Bid Number: RFP 053024 Vendor Name: Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
Table 12: Pricing Offered
Line
Item
The Pricing Offered in this Proposal is: *
Comments
65
d. other than what the Proposer typically offers (please describe).
We will be within 1-2 percent
of our most preferred
customer. This is the GSA,
and we are contractually
bound to offer them our best
price.
Table 13: Audit and Administrative Fee
Line
Item
Question
Response*
66
Specifically describe any self -audit process or program that you
As stated in the previous marketing plan, Sourcewell
plan to employ to verify compliance with your proposed Contract
program participants will qualify for National Account Pricing
with Sourcewell. This process includes ensuring that Sourcewell
to be administered to Atlas Toyota Material Handling, LLC
participating entities obtain the proper pricing, that the Vendor
by the manufacturer, Toyota Material Handling. The Toyota
reports all sales under the Contract each quarter, and that the
National Account program dictates a limited resellers margin
Vendor remits the proper administrative fee to Sourcewell. Provide
(V-3%) and will be audited on an annual basis. Atlas
sufficient detail to support your ability to report quarterly sales to
Toyota Material Handling, LLC will provide the required
Sourcewell as described in the Contract template.
information and payments as required through the mutual
responsibilities of the Atlas Toyota Material Handling, LLC's
sales coordination (administration) department and Corporate
Accounting -Finance department.
67
If you are awarded a contract, provide a few examples of internal
Toyota and her dealers subscribe to the Toyota Production
metrics that will be tracked to measure whether you are having
System and have measured goals. Specifically, the "Plan, do,
success with the contract.
check, act," (PDCA) philosophy assures we strategize or
work, execute, measure, and review our efforts on a
continual basis. Our philosophy of "Kaizen", or continual
improvement, means we are always looking for ways to
increase our value to customers.
68
Identify a proposed administrative fee that you will pay to
Based on the slim margins in the material handling industry,
Sourcewell for facilitating, managing, and promoting the Sourcewell
we would be willing to propose a 1% administrative fee to
Contract in the event that you are awarded a Contract. This fee
Sourcewell for their value.
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.)
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Item
Question
Response*
69
Provide a detailed description of the
We have proposed Toyota ITA class 1-5 forklifts (lift trucks) tow tractors, and pallet
equipment, products, and services that you
trucks as well as Stryten batteries and chargers to power them.
are offering in your proposal.
70
Within this RFP category there may be
Motive Power Solutions (batteries and chargers).
subcategories of solutions. List subcategory
titles that best describe your products and
services.
Bid Number: RFP 053024 Vendor Name: Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
Table 14B: Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional
comments in the text box provided, as necessary.
Line Item
Category or Type
Offered *
Comments
71
Class I: Electric Motor Rider Trucks
a Yes
A very broad line has been offered.
r No
72
Class II: Electric Motor Narrow Aisle Trucks
r: Yes
Reach, double reach, double reach,
r No
moving mast, order pickers, and low-
level enclosed riders
73
Class III: Electric Motor Hand Trucks or Hand
r. Yes
Walk behind, walkie riders, and
Rider Trucks
r No
center/end control available
74
Class IV: Internal Combustion Engine Trucks
r. Yes
LPG, dual fuel (gasoline/LP) are
(Solid/Cushion Tires)
r No
available
75
Class V: Internal Combustion Engine Trucks
r. Yes
LPG, dual fuel (gasoline/LP) are
,
(Pneumatic Tires)
r No
available
76
Class VI: Electric and Internal Combustion Engine
r: Yes
Our Toyota 8TB50 is a tugger that
Tractors
r No
can be classified in III or VI. We
have it listed in III.
77
Class VII: Rough Terrain Forklift Trucks
r Yes
We have the Sellick line available,
r: No
but they are not included on this bid
as they have their own government
contracting arm
78
Container Handlers (Reach stackers, loaded or
s Yes
We have all three.
empty container handlers)
r No
79
Forklift, lift truck and container handler
r. Yes
Side shifters, fork positioners, single
accessories, attachments to the extent that the
r No
double handlers and more are listed
solutions are complementary to the offering of 71-
in the submitted Toyota price pages.
78 above
We also offer the complete line of
Cascade (a Toyota owned company)
as open market items.
80
Related services complementary to the offering of
r. Yes
Installation, service, and rental of
the solutions described in Sections 71-78 above
r No
common items.
Table 15: Exceptions to Terms, Conditions, or Specifications Form
Line Item 81. NOTICE: To identify any exception, or to request any modification, to Sourcewell standard Contract terms, conditions, or
specifications, a Proposer must submit the proposed exception(s) or requested modification(s) via redline in the Contract Template
provided in the "Bid Documents" section. Proposer must upload the redline in the `Requested Exceptions" upload field. All exceptions
and/or proposed modifications are subject to review and approval by Sourcewell and will not automatically be included in the Contract.
Do you have exceptions or modifications to propose?
Acknowledgement
r Yes
r. No
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to
ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed
by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the
zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding
to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
Bid Number: RFP 053024 Vendor Name: Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
• Pricing - Toyota, Cascade and Stryten list prices.zip - Thursday May 16, 2024 16:47:39
• Financial Strength and Stability (optional)
• Marketing Plan/Samples - Trade Up to Toyota Flyer until 30 April 2024.pdf - Tuesday May 28, 2024 13:04:19
• WMBE/MBE/SBE or Related Certificates - GSA eLibrary Contractor Information.pdf - Tuesday May 28, 2024 13:00:28
• Warranty Information - 2020 Class I Models 8FBCU20.32 Warranty certificate.pdf - Thursday May 16, 2024 13:42:26
• Standard Transaction Document Samples - 013011519-2.pdf -Thursday May 16, 2024 13:41:23
• Requested Exceptions (optional)
• Upload Additional Document - Toyota Industries Corporate Philosophy and values.pdf - Tuesday May 28, 2024 13:07:26
Bid Number: RFP 053024 Vendor Name: Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of
this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor's obj-- "Y ' ` 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: hftps://www.treasury.gov/ofac/downloads/sdnlist.pd ;
2. Included on the government -wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
Bid Number: RFP 053024 Vendor Name: Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: A7BC30C5-108D-40C6-9CF1-FDAD8C81D278
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. - Gregory Sanders, Sales Manager National Accounts, MN, ATLAS TOYOTA
MATERIAL HANDLING, LLC
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the
Proposer foresees an actual or potential Conflict of Interest in performing the obligations contemplated in the solicitation proposal.
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 1 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-2—Forklifts—Lift Trucks_RFP053024
Thu May 23 2024 09:20 AM
Addendum _1_Forklifts _Lift Trucks_RFP053024
Fri April 12 2024 08:51 AM
r
r
Bid Number: RFP 053024 Vendor Name: Atlas Toyota Material Handling, LLC.
Docusign Envelope ID: 2D7F0058-1A58-4F91-A4D8-1A1584F63FA6
AMENDMENT #1
TO
CONTRACT # 053024-ATY
THIS AMENDMENT is effective upon the date of the last signature below by and between
Sourcewell and Atlas Toyota Material Handling, LLC (Supplier).
Sourcewell awarded a contract to the Supplier to provide Forklifts, Lift Trucks with Related
Products and Services to Sourcewell and its Participating Entities, effective July 29, 2024,
through July 23, 2028 (Contract).
NOW, THEREFORE, the parties wish to amend the Contract as follows:
Section 18. Insurance —Subsection A. Requirements— Item 6. Network Security and
Privacy Liability Insurance of the Contract is deleted in its entirety.
Except as amended by this Amendment, the Contract remains in full force and effect.
Sourcewell
Signed by:
By. Vt wiy S"a.Vf' j
COFD2A 139DO6489...
Jeremy Schwartz, Chief Procurement Officer
Date: 10/29/2024 1 10:42 PM CDT
Atlas Toyota Material Handling, LLC
E
_Siigneed by: 11/(
SMA.
Gregory Sanders
Title: Sales Manager National Accounts
Date: 10/29/2024 1 1:52 PM CDT
Sourcewell Contract # 053024-ATY I Amendment #1
Page 1 of 1
Exhibit C - Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who
Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
.1J Name of vendor who has a business relationship with local governmental entity.
Atlas Toyota Material Handling, LLC
2
❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
N/A
Name of Officer
4 Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
N/A
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?
Yes FT-1 No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
N/A
6
ElCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7?�4f 7':�5 a4w�
5/20/2026
Signature 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 may be found at http://www.statutes.Iegis.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
General Discussion Certifications I Attachments Authors & Reviewers I Routing Summary
(This is a read only summary view of the M&C)
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/12/26
LOG NAME: 13P BLANKET COOPERATIVE AUTHORIZATION FLEET ACQUISITIONS CAH
CONSENT: Consent
SUBJECT
(ALL) Authorize Execution of Non -Exclusive Agreements with Multiple Vendors for the Purchase of Fleet Vehicles and Off -Road and Other
Motorized Equipment Up to the Amount of Available Funding Capital Projects Across Multiple Funds Citywide Using Cooperative Contracts
and Interlocal Agreements for One Year for the Financial Management Services Department
RECOMMENDATION:
It is recommended that the City Council authorize execution of non-exclusive agreements with multiple vendors for the purchase of fleet
vehicles, off -road and other motorized equipment up to the amount of available funding in capital projects across multiple funds citywide
using cooperative contracts and interlocal agreements for one year for the Financial Management Services Department.
DISCUSSION:
The purpose of this Mayor & Council Communication (M&C) is to authorize a one-year blanket approval to execute non-exclusive
cooperative purchasing agreements and interlocal agreements with multiple vendors.
The City routinely receives a high volume of vehicle and equipment purchase requests within tight timeframes, often compounded by
limited vendor availability. Absent a blanket authorization, these concurrent demands can create procurement bottlenecks and result in
delays of acquiring critical vehicles and equipment. Establishing a blanket M&C enables the Financial Management Services Department
to respond more efficiently to departmental needs, secure available inventory in a timely manner, and mitigate the risk of a new backlog
that could disrupt daily operations across City departments. Approval of this M&C will enable the Fleet Stirke Force (FSF) to continue
supporting the daily needs of the City while ensuring the timely acquisition of essential vehicles and equipment needed to support
operations.
The following vendors and cooperative purchasing agencies are actively utilized to procure vehicles and equipment. These partnerships
have been instrumental in advancing procurement efforts and sustaining critical operations across the City.
VENDOR
COOPERATIVE AGENCY
Siddons Martin Emergency Group, LLC
BuyBoard, Houston -Galveston Area Council
(HGAC)
RDO Equipment
Sourcewell
Versalift
Sourcewell
Lake Country Chevrolet
The Interlocal Purchasing System (TIPS)
North Texas Trailers, LLC
BuyBoard
Silsbee Ford
The Interlocal Purchasing System (TIPS)
Associated Supply Company (ASCO)
BuyBoard
Zimmerer Kubota
Sourcewell
Interstate Trailers, LLC
BuyBoard
American Golf Cars
BuyBoard
Professional Turf Products
BuyBoard
Silsbee Toyota
The Interlocal Purchasing System (TIPS)
Kirby Smith Machinery
BuyBoard
Ditch Witch
Sourcewell
Munson Boats
General Services Administration (GSA)
Industrial Power, LLC
Houston -Galveston Area Council (HGAC)
Sam Packs Five Star Ford, LTD
BuyBoard
Core and Main, LP dba Green Equipment
Co.
Sourcewell
Donalson CDJR
The Interlocal Purchasing System (TIPS)
MHC Kenworth
Sourcewell
COOPERATIVE PURCHASE - State law provides that local government purchasing an item under a cooperative purchasing agreement
satisfies state laws requiring that the local government seek competitive bids for purchase of the item.
ADMINISTRATIVE CHANGE ORDERS -An administrative change order or increase may be made by the City Manager or his designee up
to the amount allowed by relevant Law and the Fort Worth City Code and does not require specific City Council approval as long as
sufficient funds have been appropriated.
SMALL BUSINESS —A Small Business goal has not been assigned to this contract because a waiver has been approved by the Property
Management Department's Assistant City Manager, on behalf of the Financial Management Services Department, in accordance with the
City's Small Business Ordinance.
FUNDING - Currently, there is $41,568,886.00 in the City's budget in capital projects across multiple funds citywide for the purpose of
funding fleet acquisitions. Prior to each purchase agreement or contract being executed, staff will confirm that funding is available for that
purchase and is appropriated for that purpose. All existing contracts shall be amended or terminated to release encumbered funds to
ensure that the City is able to make purchases with the vendors that have needed items available for purchase on a rolling basis. No
guarantee has been or will be made to any vendor regarding minimum purchases.
This agreement will serve ALL COUNCIL DISTRICTS.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the Vehicle and
Equip Replacement Fund, W&S Capital Projects Fund, Stormwater Capital Projects Fund, Municipal Airport Capital Proj Fund, Solid Waste
Capital Projects Fund, CCPD Capital Projects Fund, Fleet Capital Projects Fund, Environmental Prot Cap Proj Fund, Tax Notes Series
2023 Fund, Tax Notes Series 2024 Fund, Justice Asset Forfeitu Capital Fund, Certificate of Obligation 2023 Fund and Tax Notes 2025E
Fund for various projects to support the approval of the above recommendation for the purchase of vehicles and equipment. Prior to any
expenditures being incurred, the Financial Management Services Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by: Reginald Zeno 8517
Valerie Washington 6192
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Atlas Toyota Material Handling, LLC
Subject of the Agreement: Provide forklifts and other related motorized equipment for City fleet.
M&C Approved by the Council? * Yes 8 No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 8
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 8
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date:
If different from the approval date.
Expiration Date:
May 12, 2027
If applicable.
Is a 1295 Form required? * Yes 8 No ❑
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. n/a
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.