Linking Agreement

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
CLARK EQUIPMENT COMPANY dba BOBCAT COMPANY

THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this day of

, 2022, between the City of Glendale, an Arizona municipal corporation (the “City”), and Clark

Equipment Company dba Bobcat Company, a(n) Indiana corporation authorized to do business in
Arizona (“Conttactor”), collectively, the “Parties.”

RECITALS

On May 31, 2019, under Sourcewell's Coopetative Purchasing Program, Sourcewell entered
into a contract with Contractor to putchase the goods and services described in the Medium
Duty and Compact Construction Equipment with Related Attachments, Accessories, and
Supplies Contract, Contract No. 040319-CEC (“Cooperative Purchasing Agreement”), which
is attached hereto as Exhibit A. The Cooperative Purchasing Agreement permits its
cooperative use by other governmental agencies including the City.

Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods
and services by patticipating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.

Section 2-149 also provides that the Materials Manager may enter into such cooperative
agteements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.

The City desites to contract with Contractor for supplies or services identical, ot neatly
identical, to the supplies or services Conttactor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desites to
enter into this Agreement to provide the supplies and services set forth in this Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the parties agree as follows:

1.

Term of Agteement. The City is purchasing supplies and/or setvices from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was May 31, 2019, until the date the contract expires on May 31, 2023 unless the
term of the Cooperative Purchasing Agreement is extended by the mutual agreement of the
original contracting parties. The Cooperative Purchasing Agreement, however, may not be
extended beyond May 31, 2024. The initial petiod of this Agreement, thetefore, is the petiod
from the Effective Date of this Agreement until May 31, 2023. The City may renew the term

1/2/2020

of this Agreement for one (1) year until the Cooperative Purchasing Agreement expites on
May 31, 2024. Glendale renewals ate not automatic and shall only occur if the City gives the
Contractor notice of its intent to renew. The City may give the Contractor notice of its intent
to renew this Agreement 30 days prior to the anniversary of the Effective Date to effectuate
such renewal.

s Works Condit 1 Specifications

A. Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.

B. Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.

Com} ation.

A. City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.

B. The total putchase price for the supplies and/or services purchased under this
Agreement shall not exceed one hundred forty-two thousand sixty-five dollars and
ninety-four cents dollars ($142,065.94) for the-entire term of the Agreement (initial
term plus any renewals).

Cancellation, This Agreement may be cancelled pursuant to A.R.S. § 38-511.

Non-disctimination. Contractor must not discriminate against any employee ot applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contractor will require any Sub-contractor to be bound to the
same requitements as stated within this section. Contactor, and on behalf of any
subcontractors, warrants compliance with this section.

Insurance Certificate. A certificate of insurance applying to this Agreement must be provided
to the City prior to the Effective Date.

E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the
requirements of A.R.S. § 41-4401.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the
parties hereby certify that they are not currently engaged in, and agree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined
in ARS § 35-393.

4/29/2021

Attestation of PCI Complisoce, When applicable, the Contractor will provide the Chey
annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility,

10. Notices. Any notices that must be provided under this Agreement shail be sent to the Parties’

City of Glendale

c/o Craig Croner - Fleet Management Superintendent
6210 W. Myrde Avenue, #111

Glendale, AZ 85301

And

Clark Equipment Company dba Bobeat Company
c/o Randy Fuss

250 E. Beaton De.

West Fargo, ND 58078

IN WITNESS WHEREOF, the pasties hereto have executed this Agreement as of the date and year
set forth above.

“City” “Contractor”
City of Glendale, an Arizona Clark Equipment Company
municipal corporation dba Bobcat Company
an Indians corporation
Kevia R. Phelps Name: Randy Miss
City Manager Tide: Disector of Government Accounts
ATTEST:

Julie K. Bower (SEAL)

APPROVED AS TO FORM:

Michael D, Bailey
City Attorney

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
CLARK EQUIPMENT COMPANY dba BOBCAT COMPANY

EXHIBIT A
SOURCEWELL
CONTRACT NO. 040319-CEC
MEDIUM DUTY AND COMPACT CONSTRUCTION EQUIPMENT WITH RELATED
ATTACHMENTS, ACCESSORIES, AND SUPPLIES

4/29/2021

DoouSign Envelope ID: F118B8F3-F767-41AA-AF63-ED8CAA 105038

FORME

CONTRACT ACCEPTANCE AND AWARD an
f ,
Sourcewell x

(Top portion of this form will be completed by Sourcewell If the vendor Is awarded a contract. The vendor should
complete the vendor authorized signatures as part of the RFP response.}

Sourcewell Contract #: 040319-CEC

Based on Sourcewell's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you
agree to provide fhe products and services contained in your Proposal and fo meet all the terms and conditions set
forth In this RFP, In any amendments fo this RFP, and In any exceptions that are accepted by Sourcewell,

The effective date of the Contract will be May 31, 2019 and will expire on May 31, 2023 (no later than the later of four
years from the expiration date of the currently awarded contract or four years from the date that the Sourcewell Chief
Procurement Officer awards the Contract). This Contract may be extended for a fifth year at Sourcewell's discretion.

horized Signatures:

Juuny Sduwarts Jeremy Schwartz

SOURCEWEL DIREGTOR OF OPERATIONS AND (NAME PRINTED OR TYPED}

BH T/CPO SIGNATURE
( Chad Coaustte
SOURCEWELL EXECUTIVE DIRECTOR/CEO SIGNATURE (NAME PRINTED OR TYPED)
Awarded on May 28, 2019 Sourcewell Contract # 040319-CEC
Vendor Authorized Signatures:

The Vendor hereby accepts this Contract award, Including all accepted exceptions and amendments.

(NAME ARnteD OR TYPED}

Sourcewell Contract #040319-CEC

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
CLARK EQUIPMENT COMPANY dba BOBCAT COMPANY

EXHIBIT B
Scope of Work

PROJECT

For the purchase of two (2) $66 T4 Bobcat Steer Loaders for Parks and Right of Way.

4/29/2021

pen Ano,
f

&
Sourcewell AY
Rorraety: MUP

Sourcewell=
Formerly the National Jaint Powers Alliance (NJPA)

REQUEST FOR PROPOSAL
for the procurement of

MEDIUM DUTY AND COMPACT CONSTRUCTION EQUIPMENT WITH RELATED
ATTACHMENTS, ACCESSORIES, AND SUPPLIES

REP Opening
April 4, 2019 j
8:30 a.m. Central Time
At the offices of Sourcewell
202 12" Street Northeast, Staples, MN 56479

RFP #040319

Sourcewell, formerly the National Joint Powers Alliance® (NJPA), on behalf of Sourcewell and its current and potential
member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government,
and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP)
to result in a national contract solution for the procurement of #040319 MEDIUM DUTY AND COMPACT
CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES. Details of
this RFP are available beginning February 14, 2019. Details may be obtained by letter of request to James Voelker,
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@sourcewell-mn. gov.
Proposals will be received until April 3, 2019 at 4:30 p.m. Central Time at the above address and opened [April 4, 2019 bt
8:30 a.m. Central Time.

RFP Timeline

February 14, 2019 Publication of RFP in the print and online version of USA Today, in the print and online version of
the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of
Commerce within the State of Oregon (note: OR entities this pertains to: www.sourcewell-
v/comy ce- foregon-adv. and also RFP Appendix B), in the print and online
version of The State within the State of South Carolina, the Sourcewell website, MERX,
PublicPurchase.com, Biddingo, and Onvia.

March 20, 2019 Pre-Proposal Conference (the webcast/conference call). The connection information will be sent to
10:00 a.m. CT all inquirers two business days before the conference.

March 27, 2019 Deadline for RFP questions.

April 3, 2019 Deadline for Submission of Proposals. Late responses will be returned unopened,

4:30 p.m. CT

April 4, 2019 Public Opening of Proposals.

8:30 a.m. CT

Direct questions regarding this RFP to: James Voelker at james.voelker@sourcewell-mn, gov or 218-895-4191.

TABLE OF CONTENTS

|. DEFINITIONS

A.
B.
Cc.
D.

Contract

Proposer

Sourced Good of Open Market Item
Vendor

2, ADVERTISEMENT OF RFP
3. INTRODUCTION

mao OW>

G.

About Sourcewell

Joint Exercise of Powers Laws

Why Respond to a National Cooperative
Procurement Contract

The Intent of This RFP

Scope of This RFP

Expectations for Equipment/Products
and Services Being Proposed

Solutions Based Solicitation

4. INSTRUCTIONS FOR PREPARING YOUR
PROPOSAL

rm omm pom>

Inquiry Period
Pre-Proposal Conference

Identification of Key Personnel
Proposer’s Exceptions to Terms and
Conditions

Proposal Format

Questions & Answers About This RFP
Modification or Withdrawal of a
Submitted Proposal

Proposal Opening Procedure
Sourcewell’s Rights Reserved

5. PRICING

PAS

MOQ 2RoA D>

Line-Item Pricing

Percentage Discount From Catalog or
Category

Cost Plus a Percentage of Cost
Hot List Pricing

Ceiling Price

Volume Price Discounts/
Additional Quantities

Total Cost of Acquisition
Sourced Equipment/Products/
Open Market Items

Price and Product Changes
Payment Terms

Sales Tax

Shipping

6, EVALUATION OF PROPOSALS
A. Proposal Evaluation Process

B.
c.
D.

Proposer Responsiveness
Proposal Evaluation Criteria
Other Consideration

7

9.

10.
Il.

12.

13

Cost Comparison

Marketing Plan

Certificate Of Insurance

Order Process and/or Funds Flow
Administrative Fees

Value Added

Waiver of Formalities

post AWARD OPERATING ISSUES
A. Subsequent Agreements
Sourcewell Member Sign-up Procedure
Reporting of Sales Activity
Audits
Hub Partner
Trade-Ins
Out of Stock Notification
Termination of a Contract resulting from
this RFP
GENERAL TERMS AND CONDIITONS
. Advertising a Contract Resulting From
This RFP
Applicable Law
Assignment of Contract
List of Proposers
Captions, Headings, and Ilustrations
Data Practices
Entire Agreement
Force Majeure
Licenses
Material Suppliers and Sub-Contractors
Non-Wavier of Rights
Protests of Awards Made
. Suspension or Disbarment Status
Affirmative Action and Immigration
Status Certification
Severability
Relationship of Parties
Provisions for Non-Federal Entity
Procurements under Federal Awards or
Other Awards

FORMS
PRE-SUBMISSION CHECKLIST

PRICE & PRODUCT CHANGE REQUEST
FORM

APPENDIX A

APPENDIX B - HI, ID, OR, SC, UT, WA
Political Subdivisions (SEPARATE
ATTACHMENT)

APPENDIX C — VA Political Subdivisions
(SEPARATE ATTACHMENT)

Am oo bs

HOM OA b>

>

PPO ZEPASromAoOD

. APPENDIX D - FEMA Terms & Conditions

(SEPARATE ATTACHMENT)

1 DEFINITIONS

A. CONTRACT
Contract means this RFP, current pricing information, fully executed Forms C, D, F, & P from the
Proposer’s response pursuant to this RFP, and a fully executed Form E (“Acceptance and Award”) with
final terms and conditions. Form E will be executed after a formal award and will provide final clarification
of terms and conditions of the award.

B. PROPOSER
A Proposer is a company, person, or entity delivering a timely response to this RFP. This RFP may also
use the terms “respondent” or “proposed Vendor,” which is interchangeable with Proposer as the context
allows.

C. SOURCED GOOD or OPEN MARKET ITEM
A Sourced Good or Open Market Item is a product within the RFP’s scope 1) that is not currently available
under the Vendor’s Sourcewell contract, 2) that a member wants to buy under contract from an awarded
Vendor, and 3) that is generally deemed incidental to the total transaction or purchase of contract items.

D. VENDOR
A Proposer whose response has been awarded a contract pursuant to this RFP.

2 ADVERTISEMENT OF RFP

2.1 Sourcewell advertises this solicitation: 1) in the hard copy print and online editions of the USA Today;
2) once each in Oregon’s Daily Journal of Commerce, South Carolina's The State and Utah’s Salt

Tribune; 3) on Sourcewell’s website; and 4) on other third-party websites deemed appropriate by
Sourcewell. Other third-party advertisers may include Onvia, PublicPurchase.com, MERX, and Biddingo.

2.2, Sourcewell also notifies and provides solicitation documentation to each state-level procurement
departments for possible re-posting of the solicitation within their systems and at their option for future use
and to meet specific state requirements,

3 INTRODUCTION
A. ABOUT SOURCEWELL

3.1 Sourcewell, formerly the National Joint Powers Alliance® (NJPA) is a public agency serving as a
national municipal contracting agency established under the Service Cooperative statute by Minnesota
Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative
procurement services to its membership. Eligible membership and participation includes States, cities,
counties, all government agencies, both public and non-public educational agencies, colleges, universities
and non-profit organizations.

3.2 Under the authority of Minnesota state laws and enabling legislation, Sourcewell facilitates a
competitive solicitation and contracting process on behalf of the needs of itself and the needs of current and
potential member agencies nationally. This process results in national procurement contracts with various
Vendors of products/equipment and services which Sourcewell Member agencies desire to procure. These
Procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws.
A complete listing of Sourcewell cooperative procurement contracts can be found at Wwww.sourcewell-
mn.gov.

3.3 Sourcewell is a public agency governed by publicly elected officials that serve as the Sourcewell Board
of Directors. Sourcewell’s Board of Directors oversees and authorizes the calls for all new proposals and
holds those resulting Contracts for the benefit of its own and its Members use.

3.4 Sourcewell currently serves over 50,000 member agencies nationally. Both membership and utilization
of Sourcewell contracts continue to expand, due in part to the increasing acceptance of Cooperative
Purchasing throughout the government and education communities nationally.

B. JOINT EXERCISE OF POWERS LAWS

3.5 Sourcewell cooperatively shares those contracts with its Members nationwide through various Joint
Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other states and
Canadian provinces, The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which
states “Two or more governmental units...may jointly or cooperatively exercise any power common to the
contracting parties...” This Minnesota Statute allows Sourcewell to serve Member agencies located in all
other states. Municipal agencies nationally can participate in cooperative purchasing activities under their

own state law. These laws can be found on our website at Wwww.sourcewell-mn.gov/compliance-legal.

35.1 For Members within the Commonwealth of Virginia, this RFP is intended to be a “joint
procurement agreement” as described in Vir. Code § 2.2-4304(A), and those Virginia Members
identified in Appendix C may agree to be a Joint Purchaser under this RFP.

3.5.2 For Members within Canada, this RFP is intended to include municipalities and publicly-
funded academic institutions, schools boards, health authorities, and social services (MASH

4

sectors). In addition this RFP is intended to include current and potential Members of the Rural
Municipalities of Alberta (RMA), and their represented Associations (SARM, SUMA and AMM).

C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT

3.6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well
as for Vendors of products/equipment and services in a variety of ways:

3.6.1. National cooperative contracts potentially save time and effort for municipal and public
agencies, who otherwise would have to solicit vendor responses to individual RFPs, resulting in
individual contracts, to meet the procurement needs of their respective agencies. Considerable time
and effort is also potentially saved by the Vendors who would have had to otherwise Tespond to
each of those individual RFPs. A single, nationally advertised RFP, resulting in a single, national
cooperative contract can potentially replace thousands of individual RFPs for the same
equipment/products/services that might have been otherwise advertised by individual Sourcewell
member agencies.

3.6.2 Sourcewell contracts offer our Members nationally leveraged volume purchasing discounts.
Our contract terms and conditions offer the opportunity for Vendors to recognize individual
member procurement volume commitment through additional volume based contract discounts.

3.7 State laws that permit or encourage cooperative purchesing contracts do so with the belief that
cooperative efficiencies will result in lower prices, better overall value, and considerable time savings.

3.8 The collective purchasing power of thousands of Sourcewell Member agencies nationwide offers the
opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by a Sourcewell
Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and
justified.

3.9 Sourcewell and its Members desire the best value for their procurement dollar as well as a competitive
price. Vendors have the opportunity to display and highlight value-added attributes of their company,
equipment/products and services without constraints of a typical individual proposal process,

D, THE INTENT OF THIS RFP

3.10. National contract awarded by Sourcewell: Sourcewell seeks the most responsive and responsible
Vendor relationship(s) to reflect the best interests of Sourcewell and its Member agencies. Through a
competitive proposal and evaluation process, the Sourcewell Proposal Evaluation Committee
recommends vendors for a national contract awarded by the action of the Sourcewell Chief Procurement
Officer. Sourcewell’s primary intent is to establish and provide a national cooperative procurement
contract that offer opportunities for Sourcewell and our current and potential Member agencies
throughout the United States and Canada to procure quality product/equipment and services as desired
and needed. The contracts will be marketed nationally through a cooperative effort between the awarded
vendor(s) and Sourcewell. Contracts are expected to offer price levels reflective of the potential and
collective volume of Sourcewell and the nationally established Sourcewell membership base.

3.11 Beyond our primary intent, Sourcewell further desires to:

3.11.1 Award a four-year contract with a fifth-year contract option resulting from this RFP. Any
fifth-year extension is exercised at Sourcewell’s discretion and results from Sourcewell’s
contracting needs or from Member requests; this extension is not intended merely to
accommodate an awarded Vendor's request. If Sourcewell grants a fifth-year extension, it
may also terminate the contract (or cause it to expire) within the fifth year if the extended

5

contract is replaced by a resolicited or newly solicited contract. In exigent circumstances,
Sourcewell may petition Sourcewell’s Board of Directors to extend the contract term
beyond five years. This rarely used procedure should be employed only to avoid a gap in
contract coverage while a replacement contract is being solicited;

3.11.2 Offer and apply any applicable technological advances throughout the term of a contract
resulting from this RFP;

3.13 Deliver “Value Added” aspects of the company, equipment/products and services as
defined in the “Proposer’s Response”;

3.11.4 Deliver a wide spectrum of solutions to meet the needs and requirements of Sourcewell
and Sourcewell Member agencies; and

3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is
deemed to be in the best interest of Sourcewell and the Sourcewell Member agencies.

3.12 Exclusive or Multiple Awards: Based on the scope of this RFP and on the responses received,
Sourcewell may award either an exclusive contract or nuultiple contracts. In some circumstances, a single
national supplier may best meet the needs of Sourcewell Members; in other situations, multiple vendors
may be in the best interests of Sourcewell and the Sourcewell Members and preferred by Sourcewell to
provide the widest array of solutions to meet the member agency’s needs. Sourcewell retains sole discretion
to determine which approach is in the best interests of Sourcewell Member agencies.

3.13 Non-Manufacturer Awards: Sourcewell reserves the right to make an award under this RFP to a
non-manufacturer or dealer/distributor if such action is in the best interests of Sourcewell and its Members.

3.14 Manufacturer as a Proposer: If the Proposer is a manufacturer or wholesale distributor, the response
received will be evaluated on the basis of a response made in conjunction with that manufacturer’s
authorized dealer network. Unless stated otherwise, a manufacturer or wholesale distributor Proposer is
assumed to have a documented relationship with their dealer network where that dealer network is informed
of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of
the manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub-contractor of
the Proposer/Vendor. The relationship between the manufacturer and wholesale distributor Proposer and
its dealer network may be proposed at the time of the submission if that fact is properly identified.

3.15 Dealer/Reseller as a Proposer: If the Proposer is a dealer or reseller of the products and/or services
being proposed, the response will be evaluated based on the Proposer’s authorization to provide those
products and services from their manufacturer. When requested by Sourcewell, Proposers must document
their authority to offer those products and/or services.

E. SCOPE OF THIS RFP

3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer,
provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through
our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and
responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest
valued solutions which meet and/or exceed the current and future needs and requirements of Sourcewell
and its Member agencies nationally within the scope of MEDIUM DUTY AND COMPACT
CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND
SUPPLIES.

3.17 Additional Scope Definitions: In addition to MEDIUM DUTY AND COMPACT
CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND
SUPPLIES; this solicitation should be read to include, but not to be limited to:

6

3.17.1 Wheel, track or backhoe loaders, skid steers, excavators, on-highway telescoping
excavators, telehandlers, site-preparation equipment, and rollers.

3.17.2 Sourcewell reserves the right to limit the scope of this solicitation for Sourcewell and
current and potential Sourcewell member agencies.

3.17.2.1 This solicitation should NOT be construed to include any of the following:
a. Construction services
b. Equipment accessory, attachment and supply only solutions, or
¢. Vendors whose primary business is covered under categories included in the
following Sourcewell RFPs:

i.

iv.

viii.

Heavy Construction Equipment With Related Accessories,
Attachments, and Supplies (See Sourcewell RFP #032119)

Trailers with Related Equipment, Accessories, and Services (See
Sourcewell RFP #121918)

Snow and Ice Handling Equipment, Supplies, and Accessories (See
Sourcewell RFP #080818)

Public Utility Equipment with Related Accessories and Supplies (See
Sourcewell #012418)

Sewer Vacuum, Hydro-Excavation, and Street Sweeper Equipment
with Related Accessories and Supplies (See Sourcewell RFP
#122017)

Grounds Maintenance Equipment, Attachments, Accessories, and
Related Services (See Sourcewell RFP #062117)

Roadway Maintenance Equipment with Related Accessories,
Attachments, Materials, and Supplies (See Sourcewell RFP #052417)
Forklifts, Lift Trucks, and Related Material Handling Equipment,
Attachments, Accessories, and Services (See Sourcewell RFP
#101816) *

Portable Construction and Maintenance Equipment and Trailers with
Related Accessories, Attachments, and Supplies (See Sourcewell
RFP #052015)

Agricultural Tractors with Related Equipment and Accessories (See
Sourcewell RFP #021815)

Mobile Refuse Collection Vehicles with Related Equipment,
Accessories, and Services (See Sourcewell RFP #112014)

3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/
products/services submitted as a part of your response, and whether inclusion of such will fall within a
“Scope of Proposal,” please consider the validity of an inverse statement.

3.18.1 For example, pencils and post-it-notes can generally be classified as office supplies and
office supplies generally include pencils and post-it-notes.

3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies;
however, the scope of office supplies does not generally include computer servers and

infrastructure.

3.18.3 In conclusion: With this in mind, individual products and services must be examined
individually by Sourcewell, from time to time and in its sole discretion, to determine their
compliance and fall within the original “Scope” as intended by Sourcewell.

3.19 Best and Most Responsive — Responsible Proposer: It is the intent of Sourcewell to award a Contract

to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection

7

of equipment/products and services meeting the commonly requested specifications of Sourcewell and
Sourcewell Members, provided the Proposer’s Response has been submitted in accordance with the
requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and
requirements of Sourcewell and Sourcewell member agencies; demonstrate the knowledge of any and all
applicable industry standards, laws and regulations; and possess the willingness and ability to distribute,
market to and service Sourcewell Members in all 50 states are preferred. Sourcewell requests proposers
submit their entire line of products and services as it applies and relates to the scope of this RFP.

3.20 Sealed Proposals: Sourcewell will receive sealed proposal responses to this RFP in accordance with
accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law.
Awards may be made to responsible and responsive Proposers whose proposals are determined in writing
to be the most advantageous to Sourcewell and its current or qualifying future Sourcewell Member
agencies.

3.21 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding
that it is for the sole convenience of Sourcewell and its Members. Sourcewell and/or its members reserve
the right to obtain like equipment/products and services solely from this contract or from another contract
source of their choice or from a contract resulting from their own procurement process.

3.22 Awarded Vendor’s interest in a contract resulting from this RFP: Awarded Vendors will be able
to offer to Sourcewell, and current and potential Sourcewell Members, only those products/equipment and
services specifically awarded on their Sourcewell Awarded Contract(s). Awarded Vendors may not offer
as “contract compliant,” products/equipment and services which are not specifically identified and priced
in their Sourcewell Awarded Contract.

3.23 Sole Source of Responsibility- Sourcewell desires a “Sole Source of Responsibility” Vendor. This
means that the Vendor will take sole responsibility for the performance of delivered equipment/products/
services. Sourcewell also desires sole responsibility with regard to:

3.23.1 Scope of Equipment/Products/Services: Sourcewell desires a provider for the broadest
possible scope of products/equipment and services being proposed over the largest possible
geographic area and to the largest possible cross-section of Sourcewell current and potential
Members.

3.23.2 Vendor use of sub-contractors in sourcing or delivering equipment/product/services:
Sourcewell desires a single source of responsibility for equipment/products and services proposed.
Proposers are assumed to have sub-contractor relationships with all organizations and individuals
whom are external to the Proposer and are involved in providing or delivering the
equipment/products/services being proposed. Vendor assumes all Tesponsibility for the
equipment/products/services and actions of any such Sub-Contractor. Suggested Solutions Options
include:

3.23.3 Multiple solutions to the needs of Sourcewell and Sourcewell Members are possible.
Examples could include:

3.23,3.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be
appropriate for situations where Sourcewell or Sourcewell Members possess the ability,
cither in-house or through local third party contractors, to properly install and bring to
operation those equipment/products being proposed.

3.23.3.2 Turn-Key Solutions; A Tum-Key Solution is a combination of
equipment/products and services that provides a single price for equipment/products,
delivery, and installation to a properly operating status. Generally this is the most desirable
solution because Sourcewell and Sourcewell Members may not possess, or desire to

8

engage, personnel with the necessary expertise to complete these tasks internally or through
other independent contractors.

3.23.3,3 Good, Better, Best: Where appropriate and properly identified, Proposers may
offer the choice “of good, better, best” multiple-grade solutions to meet Sourcewell
Members’ needs.

3.23.3.4 Proven — Accepted — Leading-Edge Technology: Where appropriate and
properly identified, Proposers may provide a spectrum of technology solutions to
complement or enhance the proposed solutions to meet Sourcewell Members’ needs.

3.23.4 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting
the entire needs of Sourcewell and its Members within the scope of this RFP. Sourcewell prefers
Proposers submit their complete product line of products and services described in the scope of this
RFP. Sourcewell reserves the right to reject individual, or groupings of specific equipment/products
and services proposals as a part of the award.

3.24 Geographic Area to be Proposed: This RFP invites proposals to provide MEDIUM DUTY AND
COMPACT CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES,
AND SUPPLIES to Sourcewell and Sourcewell Members throughout the entire United States and possibly
intemationally. Proposers will be expected to express willingness to explore service to Sourcewell Members
located abroad; however the lack of ability to serve Members outside of the United States will not be cause
for non-award, The ability and willingness to serve Canada, for instance, will be viewed as a value-added
attribute.

3.25 Contract Term: At Sourcewell’s option, a Contract resulting from this RFP will become effective
either on the date awarded by the Sourcewell Executive Director and Chief Procurement Officer or on the
day following the expiration date of an existing Sourcewell procurement contract for the same or similar
product/equipment and services.

3.25.1 Sourcewell is seeking a Contract base term of four years as allowed by Minnesota
Contracting Law. Full term is expected. However, one additional one-year renewal/extension may
be offered by Sourcewell to Vendor beyond the original four year term if Sourcewell deems such
action to be in the best interests of Sourcewell and its Members. Sourcewell reserves the tight to
conduct periodic business reviews throughout the term of the contract

3.26 Minimum Contract Value: Sourcewell anticipates considerable activity resulting from this RFP and
subsequent award; however, no commitment of any kind is made concerning actual quantities to be
acquired. Sourcewell does not guarantee usage. Usage will depend on the actual needs of the Sourcewell
Members and the value of the awarded contract.

3,27 [This section is intentionally blank.]

3.28 Contract Availability: This Contract must be available to all current and potential Sourcewell
Members who choose to utilize this Sourcewell Contract to include all governmental and public agencies,
public and private primary and secondary education agencies, and all non-profit organizations nationally,

3.28.1 With respect to Members within the Commonwealth of Virginia, this RFP is intended to
be a “joint procurement agreement” as described in Vir. Code § 2.2-4304(A), and those Virginia
Members identified in Appendix C must be allowed to use this Contract as a Joint Purchaser.

3.28.2 For Members within Canada, this RFP is intended to include municipalities and publicly-
funded academic institutions, schools boards, health authorities, and social services (MASH
sectors). In addition this RFP is intended to include current and potential Members of the Rural
Municipalities of Alberta (RMA), and their represented Associations (SARM, SUMA and AMM).

9

3.29 Proposer’s Commitment Period: In order to allow Sourcewell the opportunity to evaluate each
proposal thoroughly, Sourcewell requires any response to this solicitation be valid and irrevocable for
ninety (90) days after the date proposals are opened.

F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED

3,30 Industry Standards; Except as contained herein, the specifications or solutions for this RFP
shall be those accepted guidelines set forth by the MEDIUM DUTY AND COMPACT CONSTRUCTION
EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND SUPPLIES industry, as they
are generally understood and accepted within that industry across the nation. Submitted
products/equipment, related services and accessories, and their warranties and assurances are required to
meet and/or exceed all current, traditional and anticipated standards, needs, expectations, and requirements
of Sourcewell and its Members.

3.30.1 Deviations from industry standards must be identified by the Proposer and
explained how, in their opinion, the equipment/products and services they propose will render
equivalent functionality, coverage, performance, and/or related services. Failure to detail all such
deviations may comprise sufficient grounds for rejection of the entire proposal.

3.30.2 Technical Descriptions/Specifications. Excessive technical descriptions and specifications
that unduly enlarge the proposal response may cause Sourcewell to reduce the evaluation points
awarded on Form G. Proposers must supply sufficient information to:

3.30.2.1 demonstrate the Proposer’s knowledge of industry standards and Member agency
needs and expectations;

3,30.2.2 Identify the equipment/products and services being proposed as applicable to the needs
and expectations of Sourcewell Member agencies; and

3.30.2.3 differentiate equipment/products and services from other industry manufacturers and
providers.

3.31 New Current Model Equipment/Products: Proposals submitted shall be for new, current model
equipment/products and services with the exception of certain close-out products allowed to be offered on
the Proposer’s “Hot List” described herein.

3.32 Compliance with laws and standards: All items supplied on this Contract shall comply with any
current applicable safety or regulatory standards or codes.

3.33 Delivered and operational: Products/equipment offered herein are to be proposed based upon being
delivered and operational at the Sourcewell Member’s site. Exceptions to “delivered and operational” must
be clearly disclosed in the “Total Cost of Acquisition” section of the proposal.

3.34 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under
this Contract shall be covered by the industry standard or better warranty. All products and equipment
should carry a minimum industry standard manufacturer’s warranty that includes materials and labor. The
Proposer has the primary responsibility to submit product specific warranty as required and accepted by
industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over
warranty’s terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration
of the warranty will be passed on to the Sourcewell member. Failure to submit a minimum warranty may
result in non-award.

3.35 Additional Warrants: The Proposer warrants that all products/equipment and related services
furnished hereunder will be free from liens and encumbrances; defects in design, materials, and

10

3

workmanship; and will conform in all respects to the terms of this RFP including any specifications or
standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable
for and will perform in accordance with the ordinary use for which they are intended.

G. SOLUTIONS-BASED SOLICITATION

3.36 The Sourcewell solicitation and contract award process is not based on detailed specifications. Instead,
this RFP is a “Solutions-Based Solicitation.” Sourcewell expects respondents to understand and anticipate
the current and future needs of Sourcewell and its members—within the scope of this RFP—and to propose
solutions that are commonly desired or required by law or industry standards, Proposal will be evaluated in
part on your demonstrated ability to meet or exceed the needs and requirements of Sourcewell and our
member agencies within the defined scope of this RFP.

3:37 While Sourcewell does not typically provide product and service specifications, the RFP may contain

scope refinements and industry-specific questions. Where specific items are specified, those items should

be considered the minimum required, which the proposal can exceed in order to meet Members’ needs.
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INSTRUCTIONS FOR PREPARING YOUR PROPOSAL

A. INQUIRY PERIOD

4.1 The inquiry period begins on the date of first advertisement and continues until to the Deadline for
Submission.” RFP packages will be distributed to potential Vendors during the inquiry period.

B. PRE-PROPOSAL CONFERENCE

4,2 A pre-proposal conference will be held at the date and time specified in the timeline on page one of this
RFP. Conference information will be sent to all potential Proposers, and attendance is optional. The purpose
of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell’s
competitive contracting process. Only answers issued by written addendum by Sourcewell to questions
asked before the deadline for questions are binding on the parties to an awarded contract,

C. IDENTIFICATION OF KEY PERSONNEL

4.3 Awarded Vendors will designate one senior staff member to represent the Vendor to Sourcewell. This
contact person will correspond with members for technical assistance, questions, or concerns that may arise,
including instructions regarding different contacts for different geographical areas or product lines.

4,4 These designated individuals should also act as the primary contact for marketing, sales, and any other
area deemed essential by the Proposer and Sourcewell.

D, PROPOSER’S EXCEPTIONS TO TERMS AND CONDITIONS

4,5 Any exceptions, deviations, or contingencies regarding this RFP that a Proposer requests must be
documented on Form C, ions Ti osal, Terms, Conditions Solutions Request.

4.6 Exceptions, deviations or contingencies requested in the Proposer’s response, while possibly necessary
in the view of the Proposer, may result in lower scoring or disqualification of a proposal.

E. PROPOSAL FORMAT

4.7 All Proposers must examine the entire RFP package to seek clarification of any item or requirement
that may not be clear and to check all responses for accuracy before submitting a proposal.

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48 All proposals must be properly labeled and sent to “Sourcewell, 202 12th Street NE Staples, MN
56479.”

4,9 All proposals must be physically delivered to Sourcewell at the above address with all required hard
copy documents and signature forms/pages inserted as loose pages at the front of the Vendor's Tesponse,
The proposal must include these items.

4,9.1 Hard copy original of completed, signed, and dated Forms C, D, F; hard copy of the signed
signature-page only from Forms A and P from this RFP;

4.9.2 Signed hard copies of all addenda issued for the RFP;
4.9.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP; and

4.9.4 A complete copy of your response on a flash drive (or other approved electronic means). The
electronic copy must contain completed Forms A, B, C, D, F, and P, your statement of products
and pricing (including apparent discount), and all appropriate attachments. In order to ensure that
your full response is evaluated, you must provide an electronic version of any material that you
provide in a hard copy format.

Asa public agency, Sourcewell’s proposals, responses, and awarded contracts are a matter of. public
record, except for such data that is classified as nonpublic. Accordingly, public data is available for
review through a properly submitted public records request. To redact nonpublic information from
your proposal (under Minnesota Statute §13.37), you must make your Tequest within thirty (30)
days of the contract award or non-award date.

4.10 All Proposal forms must be submitted in English and must be legible. All appropriate forms must be
executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures.

4.11 Proposal submissions should be submitted using the electronic forms provided, Proposers that use
alternative documents are responsible for ensuring that the content is substantially similar to the Sourcewell
form and that the document is readable by Sourcewell.

4.12 The Proposer must engure that the proposal is in the physical possession of Sourcewell before the
submission deadline.

4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to Sourcewell
and prominently identifying the proposal number, proposal category name, the message “Hold for
Proposal Opening,” and the deadline for proposal submission. Sourcewell is not responsible for
untimely proposals. Proposals received by the deadline for proposal submission will be opened
and the name of each Proposer and other appropriate information will be publicly read.

4.13 Proposers are responsible for checking directly on the Sourcewell website for any addendums to this
RFP. Addendums to this RFP can change the terms and conditions of the RFP, including the proposal
submission deadline.

F. QUESTIONS AND ANSWERS ABOUT THIS RFP
4.14 Upon examination of this RFP document, Proposers should promptly notify Sourcewell of any
ambiguity, inconsistency, or error they may discover. Interpretations, corrections, and changes to this RFP

will be considered by Sourcewell through a written addendum. Interpretations, corrections, or changes that
are made in any other manner are not binding, and Proposers must not rely on them.

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4.15 Submit all questions about this RFP, in writing, referencing MEDIUM DUTY AND COMPACT
CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND
SUPPLIES to James Voelker at Sourcewell, 202 12th Street NE, Staples, MN 56479 or to
RFP@sourcewell-mn.gov. You may also call James Voelker at 218-895-4191. Sourcewell urges potential
Proposers to communicate all concerns well in advance of the submission deadline to avoid
misunderstandings. Questions received within seven (7) days before the submission deadline generally
cannot be answered. Sourcewell may, however, field purely procedural questions, questions about
Sourcewell-issued addenda, or questions involving a Proposer withdrawing its response before the RFP
submission deadline.

4.16 If Sourcewell deems that its answer to a question has a material impact on other potential Proposers
or on the RFP itself, Sourcewell will create an addendum to this RFP.

4.17 If Sourcewell deems that its enswer to a question merely clarifies the existing terms and conditions
and does not have a material impact on other potential Proposers or the RFP itself, no further documentation
of that question is required.

4.18 Addenda are written instruments issued by Sourcewell that modify or interpret the RFP. All addenda
issued by Sourcewell become a part of the RFP, Addenda will be delivered to all Potential Proposers using
the same method of delivery of the original RFP material. Sourcewell accepts no liability in connection
with the delivery of any addenda. Copies of addenda will also be made available on the Sourcewell website
at www.sourcewell-mn.gov (under “Solicitations”) and from the Sourcewell offices. All Proposers must
acknowledge their receipt of all addenda in their proposal response.

4.19 Any amendment to a submitted proposal must be in writing and must be delivered to Sourcewell by
the RFP submission deadline.

4.20 through 4.21 [These sections are intentionally blank.]

G, MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL

4.22 A submitted proposal must not be modified, withdrawn, or cancelled by the Proposer for a period of
ninety (90) days following the date proposals were opened. Before the deadline for submission of
proposals, any proposal submitted may be modified or withdrawn by notice to the Sourcewell
Procurement Manager. Such notice must be submitted in writing and must include the signature of the
Proposer. The notice must be delivered to Sourcewell before the deadline for submission of proposals and
must be so worded as not to reveal the content of the original proposal. The original proposal will not be
physically returned to the potential Proposer until after the official proposal opening. Withdrawn
proposals may be resubmitted up to the time designated for the receipt of the proposals if they fully
conform with the proposal instructions.

H. PROPOSAL OPENING PROCEDURE

L

4.23 Sealed and properly identified responses for this RFP entitled MEDIUM DUTY AND COMPACT
CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS, ACCESSORIES, AND
SUPPLIES will be received by Chris Robinson, Procurement Manager, at Sourcewell Offices, 202 12th
Street NE, Staples, MN 56479 until the deadline identified on page one of this RFP. All Proposal responses
must be submitted in a sealed package. The outside of the package must plainly identify MEDIUM DUTY
AND COMPACT CONSTRUCTION EQUIPMENT WITH RELATED ATTACHMENTS,
ACCESSORIES, AND SUPPLIES and the RFP number. To avoid premature opening, the Proposer must
label the Proposal response properly. Sourcewell documents the receipt of proposals by immediately
time- and date-stamping them. At the time of the public opening, the Sourcewell Director of Procurement
or a representative from the Sourcewell Proposal Evaluation Committee will read the Proposer’s names
aloud and will determine whether each submission has met Level-1 responsiveness.

SOURCEWELL’S RIGHTS RESERVED

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4.24 Sourcewell may exercise the following rights with regard to the RFP.
4.24.1 Reject any and all proposals received in response to this RFP;

4.24.2 Disqualify any Proposer whose conduct or proposal fails to conform to the requirements of this
REP;

4.24.3 Duplicate without limitation all materials submitted for purposes of RFP evaluation, and
duplicate ali public information in response to data requests regarding the proposal;

4.24.4 Consider and accept for evaluation a late modification of a proposal if 1) the proposal itself was
submitted on time, 2) the modifications were requested by Sourcewell, and 3) the modifications make
the terms of the proposal more favorable to Sourcewell or its members;

4.24.5 Waive any non-material deviations from the requirements and procedures of this RFP;

4.24.6 Extend the Contract, in increments determined by Sourcewell, not to exceed a total Contract
term of five years;

4.24.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to
Sourcewell;

4.24.8 Correct or amend the RFP at any time with no cost or penalty to Sourcewell. If Sourcewell
corrects or amends any segment of the RFP after submission of proposals and before the announcement
of the awarded Vendor, all proposers will be afforded a reasonable opportunity to revise their proposals
in order to accommodate the RFP amendment and the new submission dates. Sourcewell will not be
liable for any errors in the RFP or other responses related to the RFP; and

4.24.9 Extend proposal due dates.
PRICING

5.1 Sourcewell requests that potential Proposers respond to this RFP only if they are able to offer a wide
array of products and services at lower prices and with better value than what they would ordinarily offer
to a single government agency, a school district, or a regional cooperative.

5.2 This RFP requests pricing for an indefinite quantity of products or related services with potential
national sales distribution and service. While most RFP categories represent significant sales opportunities,
Sourcewell makes no guarantees about the quantity of products or services that members will purchase.
The estimated annual value of this contract is $50 Million:

Vendors are expected to anticipate additional volume through potential government, educational, and not-
for-profit agencies that would find value in 2 national contract awarded by Sourcewell.

5.3 Regardless of the payment method selected by Sourcewell or an Sourcewell member, the total cost
associated with any purchase option of the products and services must always be disclosed in the proposal
and at the time of purchase.

3.4 All proposers must submit “Primary Pricing” in the form of either “Line-Item Pricing,” or “Percentage
Discount from Catalog Pricing,” or a combination of these pricing strategies. Proposers are also encouraged
to offer optional pricing strategies such as “Hot List,” “Sourced Products,” and “Volume Discounts,” as
well as financing options such as leasing. All pricing documents should include a clear effective date.

A. LINE-ITEM PRICING
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