HomeMy WebLinkAboutItem 07 Approval of FY 2025-2026 Budgeted Mower and Vacuum
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: October 21, 2025
Item #: 7
Contact Name: Mark Johnson Department Director: Mark Johnson
Contact Number: Ext. 5002 City Manager: Craig Shadrix
Subject: Approval of FY 2025-2026 Budgeted Mower and Vacuum Equipment
Purchases. (Parks and Leisure Services Director Johnson)
Background Summary: The City traditionally purchases equipment through various competitively bid
annual contracts. Parks & Leisure Services has researched pricing and has found the Sourcewell (National
Cooperative Purchasing Alliance) contract provides the lowest competitively bid pricing for equipment utilizing
competitively bid contracts. The approved budget includes the following equipment purchases, priced through
Sourcewell and the Toro Company and the National Cooperative Purchasing Alliance bid contracts:
• (2) Two 25 HP Kohler CP EFI w/ 60" TURBO FORCE Deck Tweels (2 @ $15,664.71)
• (1) One Harper Turbo Vac TV40 RE (1 @ $34,759.26)
Issue:
Should the Honorable Mayor and City Commissioners approve piggybacking the Sourcewell Contract for the
2025-2026 budgeted equipment purchases?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners approve piggybacking the Sourcewell
Contract for the 2025-2026 budgeted equipment purchases. Staff also recommends the City Manager be
authorized to approve change orders to this purchase up to the limit of his purchasing authority for each
change order, and up to the budgeted amount for this project for all change orders.
Attachments:
1. Toro Contract 112624
2. 25 HP Kohler CP EFI w 60 TURBO FORCE Deck Tweels Quote
3. Harper Turbo Vac Quote
4. Harper_Industries_Response
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Financial Impacts:
The total cost of the two mowers and vacuum is fully funded in the Parks and Recreation Department Budget
under GL account 317-572-10-6400, through Job Numbers A000571, A000572, and A000574.
Type of Item: Consent
Sourcewell Contract # 112624-TTC | Amendment #1
Page 1 of 2
AMENDMENT #1
TO
CONTRACT # 112624-TTC
THIS AMENDMENT is effective upon the date of the last signature below by and between
Sourcewell and The Toro Company (Supplier).
Sourcewell awarded a contract to Supplier to provide Grounds Maintenance Equipment and
Related Attachments to Sourcewell and its Participating Entities, effective January 30, 2025,
through January 31, 2029 (Contract).
The parties wish to amend the Proposal to ensure compliance with Sourcewell’s Procurement
Policy and standard government procurement practices.
NOW, THEREFORE, the parties amend the Contract as follows:
1. Line item 64 of “Table 6: Pricing (400 Points)” of the Proposal is deleted in its entirety
and replaced with the following:
Toro offered discounts will range from 0%-40% off current MSRP.
2. Line item 67 of “Table 6: Pricing (400 Points)” of the Proposal is delete in its entirety and
replaced with the following:
SETUP
When an order involves setup charges, it will be –
a) Determined by the delivering distributor/dealer
b) Clearly labeled as such unless otherwise requested by the customer.
- In the event a quote is a lump-sum total, or other method that does not show
line-item details, line-item details will be used to determine the contract price
and will be available upon request.
c) Calculated using one of the following methods -
1) Manufacturers Setup Time x Distributor/Dealer posted labor rate, or
2) 5% of the total product cost, with an additional 5% for cabbed units
Different methods are required due to the wide array of products being offered. Setup
charges are consistent with market standards.
Sourcewell Contract # 112624-TTC | Amendment #1
Page 2 of 2
TRAINING
Standard training on equipment is included at time of delivery. If a customer requests
additional training, either beyond standard operators training or at a time other than
delivery, associated costs will be determined with the local dealer.
INSTALLATION
Many of our products can be installed on customer owned vehicles. While this service is
available, due to the variety of factors involved in those type of sales, installation costs
for contracted products on customer supplied vehicles will be determined with the local
dealer and will be discussed up front and included on any quote.
Installation/setup for autonomous solutions can be added at the discretion of the
distributor, not to exceed 10% of the total product cost.
Except as amended by this Amendment, the Contract remains in full force and effect.
Sourcewell The Toro Company
By: By:
Jeremy Schwartz, Chief Operating Officer Brooke Carey, Federal Contracts Manager
Date: Date:
Page 1 of 2
Dan Abdo
Parks Operations Manager
Ocoee
301 Maguire Rd
Ocoee, FL 34761
Dear Dan Abdo,
Thank you for your interest in Wesco Turf. Per your request, I am pleased to submit the enclosed quotation for your review.
Should you have any further questions regarding this proposal, please do not hesitate to contact me or our office. My direct phone
number and email address are listed below for your convenience. Once again, thank you for your consideration of Wesco Turf.
Best Regards,
Bill Hoffer
Commercial Sports Fields & Grounds Territory Manager
(407) 467-2067, bill.hoffer@wescoturf.com
Q-34620
Page 2 of 2
2101 Cantu Court, Sarasota FL 34232 Date: September 24, 2025
300 Technology Park, Lake Mary FL 32746 Expires: October 24, 2025
7037-37 Commonwealth Avenue, Jacksonville FL 32220
Prepared For: Bill To: Ship To:
Dan Abdo OCOEE, CITY OF PARKS & RECREATION
Parks Operations Manager 1 N BLUFORD AVE 1820 A.D. MIMS RD
Ocoee OCOEE, FL 34761 OCOEE, FL 34761
301 Maguire Rd
Ocoee, FL 34761
Sourcewell Cooperative Contract Number: Toro 112624-TTC. Ventrac 112624-TTC.
Total
Units
Qty Model No. Description MSRP Each Price Each Extended Price
2 1 72923 25 HP Kohler CP EFI w/ 60" TURBO FORCE Deck Tweels $19,332.00 $14,112.36 $28,224.72
1 TDELIVERY Toro Delivery Fee $282.25 $1,128.98
1 TSETUP Toro Setup Fee $282.25 $1,128.98
1 TRSURCHARGE Toro RLC Surcharge $423.37 $846.74
Total $31,329.42
Terms: Net 30
Equipment Total $31,329.42
Sales Tax $0.00
Totals: $31,329.42
Warranty
The above quote meets or exceeds ANSI Safety Specification. Toro Consumer / Landscape Contractor Equipment carries a two-
year unlimited hours or 5 year 1200 hour warranty.
The undersigned hereby orders from Wesco Turf the equipment detailed in this quotation. This order is subject to our ability to obtain
such equipment from the manufacturer and Wesco Turf shall be under no liability if delivery of the equipment is delayed or prevented
due to labor disturbances, transportation difficulties, or for any reason beyond our control. The price indicated is subject to your receipt
of the Equipment prior to any change in price by the manufacturer.
Please indicate your acceptance of this quote as an order by signing below and returning via email to bill.hoffer@wescoturf.com or fax
941.487.6889. Payment terms are subject to credit approval. Time of delivery may vary; please check when placing order.
Signed:
Name:
Date:_es_:signer1:date}}
Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance, please do not hesitate to
contact me.
Sincerely,
Bill Hoffer
Commercial Sports Fields & Grounds Territory Manager
(407) 467-2067, bill.hoffer@wescoturf.com
Page 1 of 2
Dan Abdo
Parks Operations Manager
Ocoee
301 Maguire Rd
Ocoee, FL 34761
Dear Dan Abdo,
Thank you for your interest in Wesco Turf. Per your request, I am pleased to submit the enclosed quotation for your review.
Should you have any further questions regarding this proposal, please do not hesitate to contact me or our office. My direct phone
number and email address are listed below for your convenience. Once again, thank you for your consideration of Wesco Turf.
Best Regards,
Bill Hoffer
Commercial Sports Fields & Grounds Territory Manager
(407) 467-2067, bill.hoffer@wescoturf.com
Q-34619
Page 2 of 2
2101 Cantu Court, Sarasota FL 34232 Date: September 24, 2025
300 Technology Park, Lake Mary FL 32746 Expires: October 24, 2025
7037-37 Commonwealth Avenue, Jacksonville FL 32220
Prepared For: Bill To: Ship To:
Dan Abdo OCOEE, CITY OF PARKS & RECREATION
Parks Operations Manager 1 N BLUFORD AVE 1820 A.D. MIMS RD
Ocoee OCOEE, FL 34761 OCOEE, FL 34761
301 Maguire Rd
Ocoee, FL 34761
Pricing provided is in compliance with the National Cooperative Purchasing Alliance (NCPA) Contract for Harper Turf Equipment.
Total
Units
Qty Model No. Description MSRP Each Price Each Extended Price
1 1 H-900206 Harper Turbo Vac TV40 RE - Base unit does not include
rotor
$27,657.00 $26,274.15 $26,274.15
1 H-900229 Kit, TV40 Brush Rotor $3,709.62 $3,153.18 $3,153.18
1 H-900216 Kit, TV40 Curb Brush $2,082.69 $1,770.29 $1,770.29
1 H-900217 Kit, TV40 8" Hose Option $2,807.31 $2,386.21 $2,386.21
1 HFREIGHT Harper Freight Charge $1,175.43 $1,175.43
Total $34,759.26
Terms: Net 30
Equipment Total $34,759.26
Sales Tax $0.00
Totals: $34,759.26
Warranty
The above quote meets or exceeds ANSI Safety Specification. Harper Industries Incorporated warrants to each purchaser of
new Harper Industries equipment from an authorized dealer or representative, that such equipment to be free from
manufacturing defects in normal service for a period of ONE YEAR, commencing with the delivery to the original user. The engine
is subject to the factory warranty as outlined in the engine OWNER’S MANUAL. See Statement of Warranty Harper Turf
Equipment for additional warranty details.
The undersigned hereby orders from Wesco Turf the equipment detailed in this quotation. This order is subject to our ability to obtain
such equipment from the manufacturer and Wesco Turf shall be under no liability if delivery of the equipment is delayed or prevented
due to labor disturbances, transportation difficulties, or for any reason beyond our control. The price indicated is subject to your receipt
of the Equipment prior to any change in price by the manufacturer.
Please indicate your acceptance of this quote as an order by signing below and returning via email to bill.hoffer@wescoturf.com or fax
941.487.6889. Payment terms are subject to credit approval. Time of delivery may vary; please check when placing order.
Signed:
Name:
Date:_es_:signer1:date}}
Thank you for considering Wesco Turf, Inc. for your equipment needs. If I can be of any further assistance, please do not hesitate to
contact me.
Sincerely,
Bill Hoffer
Commercial Sports Fields & Grounds Territory Manager
(407) 467-2067, bill.hoffer@wescoturf.com
Tab 1 – Master Agreement
General Terms and Conditions
¨ Customer Support
Ø The vendor shall provide timely and accurate technical advice and sales support. The
vendor shall respond to such requests within one (1) working day after receipt of the
request.
¨ Disclosures
Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any
time hereafter any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor or service to a public servant in connection with this contract.
Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at
independently, and is submitted without collusion with anyone to obtain information or
gain any favoritism that would in any way limit competition or give an unfair advantage
over other vendors in the award of this contract.
¨ Renewal of Contract
Ø Unless otherwise stated, all contracts are for a period of three (3) years with an option to
renew for up to two (2) additional one-year terms or any combination of time equally not
more than 2 years if agreed to by Region 14 ESC and the vendor.
¨ Funding Out Clause
Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A
contract for the acquisition, including lease, of real or personal property is a commitment
of the entity’s current revenue only, provided the contract contains either or both of the
following provisions:
Ø Retains to the entity the continuing right to terminate the contract at the expiration of each
budget period during the term of the contract and is conditioned on a best efforts attempt
by the entity to obtain appropriate funds for payment of the contract.
¨ Shipments (if applicable)
Ø The awarded vendor shall ship ordered products within seven (7) working days for goods
available and within four (4) to six (6) weeks for specialty items after the receipt of the
order unless modified. If a product cannot be shipped within that time, the awarded
vendor shall notify the entity placing the order as to why the product has not shipped and
shall provide an estimated shipping date. At this point the participating entity may cancel
the order if estimated shipping time is not acceptable.
¨ Tax Exempt Status
Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility
of the vendor.
¨ Payments
Ø The entity using the contract will make payments directly to the awarded vendor or their
affiliates (distributors/business partners/resellers) as long as written request and
approval by NCPA is provided to the awarded vendor.
¨ Adding authorized distributors/dealers
Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their
contract throughout the life of the contract. Vendor must receive written approval from
NCPA before such distributors/partners/resellers considered authorized.
Ø Purchase orders and payment can only be made to awarded vendor or
distributors/business partners/resellers previously approved by NCPA.
Ø Pricing provided to members by added distributors or dealers must also be less than or
equal to the pricing offered by the awarded contract holder.
Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of
the vendor's agreement with NCPA.
¨ Pricing
Ø All pricing submitted shall include the administrative fee to be remitted to NCPA by the
awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date
and on file with NCPA.
Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing
offered unless otherwise clearly stated in writing
¨ Warranty
Ø Proposals should address each of the following:
§Applicable warranty and/or guarantees of equipment and installations including
any conditions and response time for repair and/or replacement of any components
during the warranty period.
§Availability of replacement parts
§Life expectancy of equipment under normal use
§Detailed information as to proposed return policy on all equipment
¨ Indemnity
Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its
participants, administrators, employees and agents against all claims, damages, losses and
expenses arising out of or resulting from the actions of the vendor, vendor employees or
vendor subcontractors in the preparation of the solicitation and the later execution of the
contract.
¨ Franchise Tax
Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of
any franchise taxes.
¨ Supplemental Agreements
Ø The entity participating in this contract and awarded vendor may enter into a separate
supplemental agreement to further define the level of service requirements over and above
the minimum defined in this contract i.e. invoice requirements, ordering requirements,
specialized delivery, etc. Any supplemental agreement developed as a result of this contract
is exclusively between the participating entity and awarded vendor.
¨ Certificates of Insurance
Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of
work. The insurance company shall be licensed in the applicable state in which work is
being conducted. The awarded vendor shall give the participating entity a minimum of ten
(10) days’ notice prior to any modifications or cancellation of policies. The awarded vendor
shall require all subcontractors performing any work to maintain coverage as specified.
¨ Legal Obligations
Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and
federal laws governing the sale of products/services identified in this RFP and any
awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and
regulation must be followed even if not specifically identified herein.
¨ Protest
Ø A protest of an award or proposed award must be filed in writing within ten (10) days from
the date of the official award notification and must be received by 5:00 pm CST. Protests
shall be filed with Region 14 ESC and shall include the following:
§ Name, address and telephone number of protester
§ Original signature of protester or its representative
§ Identification of the solicitation by RFP number
§ Detailed statement of legal and factual grounds including copies of relevant
documents and the form of relief requested
Ø Any protest review and action shall be considered final with no further formalities being
considered.
¨ Force Majeure
Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in
part to carry out its obligations under this Agreement then such party shall give notice and
full particulars of Force Majeure in writing to the other party within a reasonable time after
occurrence of the event or cause relied upon, and the obligation of the party giving such
notice, so far as it is affected by such Force Majeure, shall be suspended during the
continuance of the inability then claimed, except as hereinafter provided, but for no longer
period, and such party shall endeavor to remove or overcome such inability with all
reasonable dispatch.
Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or
other industrial disturbances, act of public enemy, orders of any kind of government of the
United States or any civil or military authority; insurrections; riots; epidemics; landslides;
lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests;
restraint of government and people; civil disturbances; explosions, breakage or accidents
to machinery, pipelines or canals, or other causes not reasonably within the control of the
party claiming such inability. It is understood and agreed that the settlement of strikes and
lockouts shall be entirely within the discretion of the party having the difficulty, and that
the above requirement that any Force Majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes and lockouts by acceding to the
demands of the opposing party or parties when such settlement is unfavorable in the
judgment of the party having the difficulty.
¨ Prevailing Wage
Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing
wage legislation in effect in the jurisdiction of the purchaser. It shall further be the
responsibility of the Vendor to monitor the prevailing wage rates as established by the
appropriate department of labor for any increase in rates during the term of this contract
and adjust wage rates accordingly.
¨ Miscellaneous
Ø Either party may cancel this contract in whole or in part by providing written notice. The
cancellation will take effect 30 business days after the other party receives the notice of
cancellation. After the 30th business day all work will cease following completion of final
purchase order.
¨ Open Records Policy
Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release
as public information after contracts are executed. If a vendor believes that its response, or
parts of its response, may be exempted from disclosure, the vendor must specify page-by-
page and line-by-line the parts of the response, which it believes, are exempt. In addition,
the respondent must specify which exception(s) are applicable and provide detailed
reasons to substantiate the exception(s).
Ø The determination of whether information is confidential and not subject to disclosure is
the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG
sufficient information to render an opinion and therefore, vague and general claims to
confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the
opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal
arguments on behalf of any vendor. Respondent are advised to consult with their legal
counsel concerning disclosure issues resulting from this procurement process and to take
precautions to safeguard trade secrets and other proprietary information.
Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes,
ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC
in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined
to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for
evaluation, response must have been submitted on time, and satisfy all mandatory requirements
identified in this document.
¨ Contract Administration
Ø The contract will be administered by Region 14 ESC. The National Program will be
administered by NCPA on behalf of Region 14 ESC.
¨ Contract Term
Ø The contract term will be for three (3) year starting from the date of the award. The
contract may be renewed for up to two (2) additional one-year terms or any combination
of time equally not more than 2 years.
Ø It should be noted that maintenance/service agreements may be issued for up to (5) years
under this contract even if the contract only lasts for the initial term of the contract. NCPA
will monitor any maintenance agreements for the term of the agreement provided they are
signed prior to the termination or expiration of this contract.
¨ Contract Waiver
Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the
duly authorized agent of Region 14 ESC. The waiver by either party of any term or
condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of
any further or additional right that such party may hold under this contract.
¨ Products and Services additions
Ø Products and Services may be added to the resulting contract during the term of the
contract by written amendment, to the extent that those products and services are within
the scope of this RFP.
¨ Competitive Range
Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in
the competitive range are unacceptable and do not receive further award consideration.
¨ Deviations and Exceptions
Ø Deviations or exceptions stipulated in response may result in disqualification. It is the
intent of Region 14 ESC to award a vendor’s complete line of products and/or services,
when possible.
¨ Estimated Quantities
Ø The estimated dollar volume of Products and Services purchased under the proposed
Master Agreement is $30 million dollars annually. This estimate is based on the anticipated
volume of Region 14 ESC and current sales within the NCPA program. There is no
guarantee or commitment of any kind regarding usage of any contracts resulting from this
solicitation
¨ Evaluation
Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to,
the relevant statutes, ordinances, rules and regulations that govern its procurement
practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for
contract awards will be based on multiple factors, each factor being assigned a point value
based on its importance.
¨ Formation of Contract
Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the
terms, conditions, scope of work, and specifications contained in this request. A solicitation
does not become a contract until it is accepted by Region 14 ESC. The prospective vendor
must submit a signed Signature Form with the response thus, eliminating the need for a
formal signing process.
¨ NCPA Administrative Agreement
Ø The vendor will be required to enter and execute the National Cooperative Purchasing
Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The
agreement establishes the requirements of the vendor with respect to a nationwide
contract effort.
¨ Clarifications / Discussions
Ø Region 14 ESC may request additional information or clarification from any of the
respondents after review of the proposals received for the sole purpose of elimination
minor irregularities, informalities, or apparent clerical mistakes in the proposal.
Clarification does not give respondent an opportunity to revise or modify its proposal,
except to the extent that correction of apparent clerical mistakes results in a revision. After
the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions
with those respondent’s whose proposals are determined to be reasonably susceptible of
being selected for award. Discussions occur when oral or written communications
between Region 14 ESC and respondent’s are conducted for the purpose clarifications
involving information essential for determining the acceptability of a proposal or that
provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will
not assist respondent bring its proposal up to the level of other proposals through
discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet
to neither obtain further consideration nor will it provide any information about other
respondents’ proposals or prices.
¨ Multiple Awards
Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will
ensure that any ensuing contracts fulfill current and future requirements of the diverse and
large number of participating public agencies.
¨ Past Performance
Ø Past performance is relevant information regarding a vendor’s actions under previously
awarded contracts; including the administrative aspects of performance; the vendor’s
history of reasonable and cooperative behavior and commitment to customer satisfaction;
and generally, the vendor’s businesslike concern for the interests of the customer.
Evaluation Criteria
¨ Pricing (40 points)
Ø Electronic Price Lists
§Products, Services, Warranties, etc. price list
§Prices listed will be used to establish both the extent of a vendor’s product lines,
services, warranties, etc. available from a particular bidder and the pricing per item.
¨ Ability to Provide and Perform the Required Services for the Contract (25 points)
Ø Product Delivery within participating entities specified parameters
Ø Number of line items delivered complete within the normal delivery time as a percentage
of line items ordered.
Ø Vendor’s ability to perform towards above requirements and desired specifications.
Ø Past Cooperative Program Performance
Ø Quantity of line items available that are commonly purchased by the entity.
Ø Quality of line items available compared to normal participating entity standards.
¨ References (15 points)
Ø A minimum of ten (10) customer references for product and/or services of similar scope
dating within past 3 years
¨ Technology for Supporting the Program (10 points)
Ø Electronic on-line catalog, order entry use by and suitability for the entity’s needs
Ø Quality of vendor’s on-line resources for NCPA members.
Ø Specifications and features offered by respondent’s products and/or services
¨ Value Added Services Description, Products and/or Services (10 points)
Ø Marketing and Training
Ø Minority and Women Business Enterprise (MWBE) and (HUB) Participation
Ø Customer Service
Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region
14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the
Master Agreement, or (ii) for any payments required to be made with respect to such
order, and (c) shall not be obligated, liable or responsible for any failure by the Public
Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the
due authorization and approval necessary to purchase under the Master Agreement. NCPA
makes no representations or guaranties with respect to any minimum purchases required
to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or
Public Agency under this Agreement or the Master Agreement.
Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate
supplemental agreement to further define the level of service requirements over and above
the minimum defined in this contract i.e. invoice requirements, ordering requirements,
specialized delivery, etc. Any supplemental agreement developed as a result of this contract
is exclusively between the Public Agency and Vendor. NCPA, its agents, members and
employees shall not be made party to any claim for breach of such agreement.
¨ Term of Agreement
Ø This Agreement shall be in effect so long as the Master Agreement remains in effect,
provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through
the termination of this Agreement and all indemnifications afforded by Vendor to NCPA
shall survive the term of this Agreement.
¨ Fees and Reporting
Ø The awarded vendor shall electronically provide NCPA with a detailed quarterly report
showing the dollar volume of all sales under the contract for the previous quarter. Reports
are due on the fifteenth (15th) day after the close of the previous quarter. It is the
responsibility of the awarded vendor to collect and compile all sales under the contract
from participating members and submit one (1) report. The report shall include at least
the following information as listed in the example below:
Entity Name Zip Code State PO or Job # Sale Amount
Total
Ø Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.
From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered
fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis.
Deadline for term of payment will be included in the invoice NCPA provides.
Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations,
organization, structure, and processes for providing products and services.
¨ States Covered
Ø Bidder must indicate any and all states where products and services can be offered.
Ø Please indicate the price co-efficient for each state if it varies.
50 States & District of Columbia (Selecting this box is equal to checking all boxes below)
Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware
District of Columbia
Nebraska
Nevada
Washington
West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island
Tab 4 – Vendor Profile
Please provide the following information about your company:
¨ Company’s official registered name.
¨ Brief history of your company, including the year it was established.
¨ Company’s Dun & Bradstreet (D&B) number.
¨ Company’s organizational chart of those individuals that would be involved in the contract.
¨ Corporate office location.
Ø List the number of sales and services offices for states being bid in solicitation.
Ø List the names of key contacts at each with title, address, phone and e-mail address.
¨ Define your standard terms of payment.
¨ Who is your competition in the marketplace?
¨ Provide Annual Sales for last 3 years broken out into the following categories:
Ø Cities / Counties
Ø K-12
Ø Higher Education
Ø Other government agencies or nonprofit organizations
¨ What differentiates your company from competitors?
¨ Describe how your company will market this contract if awarded.
¨ Describe how you intend to introduce NCPA to your company.
¨ Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.
¨ Describe your company’s Customer Service Department (hours of operation, number of service
centers, etc.)
¨ Green Initiatives
Ø As our business grows, we want to make sure we minimize our impact on the Earth’s
climate. We are taking every step we can to implement innovative and responsible
environmental practices throughout NCPA to reduce our carbon footprint, reduce waste,
energy conservation, ensure efficient computing and much more. To that effort we ask
respondents to provide their companies environmental policy and/or green initiative.
¨ Vendor Certifications (if applicable)
Ø Provide a copy of all current licenses, registrations and certifications issued by federal,
state and local agencies, and any other licenses, registrations or certifications from any
other governmental entity with jurisdiction, allowing respondent to perform the covered
services including, but not limited to, licenses, registrations, or certifications. Certifications
can include M/WBE, HUB, and manufacturer certifications for sales and service.
Corporate office location:
- List the number of sales and services offices for states being bid in solicitation:
(1) Manufacturing Facility
Harper Industries, Inc. | 151 E. US HWY 160, Harper, KS 67058
(30) Harper Turf Equipment distributors span across the US.
https://www.harperturfequipment.com/find-a-dealer/
- List the names of key contacts at each with title, address, phone and e-mail address:
Melissa Bergkamp
Vice President of Sales
151 E. US HWY 160, Harper, KS 67058
(620) 896-7381
mbergkamp@harperindustries.com
Define your standard terms of payment:
Net 30 days from the date of invoice.
Who is your competition in the marketplace?
Harper Turf Equipment’s main competitors in the turf maintenance markets include:
Agrimetal, Smith Co., Wiedenmann, Toro Rake O’ Vac, Toro Versa Vac, Kut-Kwick, Ventrac
Provide Annual Sales for the last 3 years broken out into the following categories:
- Cities/Counties
- K-12
- Higher Education
- Other government agencies or nonprofit organizations
Harper Industries, Inc. is a privately held business and considers this information proprietary
and confidential. Current Harper Turf Equipment’s sales are evenly distributed between
municipalities, parks and rec, and sports turf maintenance entities.
What differentiates your company from competitors?
Harper Turf Equipment takes great pride in providing clean, efficient, and safe turf maintenance
products. Our turf product line is supported by the best turf distribution network across the
country, ensuring customer satisfaction through knowledgeable sales, service and support.
Our turf vacuums include a patented recirculating air technology which significantly minimizes
dust for not only the operator, but pedestrians using the green space. In addition to a clean
environment, the Harper hillside mower is the safest solution on the market, engineered to keep
the operator comfortable throughout the entire workday.
RFP# 43-20 Tab 4 | Vendor Profile
Describe how your company will market this contract if awarded:
Marketing our partnership with NCPA will be a collaborative effort between our sales and
marketing teams.
- Press Release: If awarded, out initial step will be to distribute a press release
announcing our new alliance with NCPA.
- Dealer Training: With guidance from NCPA, we will sufficiently educate our dealer
network on the benefits of NCPA and how to properly use the cooperative to
capitalize on procurement opportunities.
- Price Book: NCPA will be detailed in each of our dealer books, specifying contract
pricing and keeping the content in front of our dealer’s sales force and purchasing
departments.
- Digital Presence: NCPA will be present on our website, recognized on our social
media platforms, logo placement within e-blasts, and more.
- Collateral Representation: The cooperative will be highlighted in marketing
collateral and signage used for promotion at national and regional tradeshows, in the
field with customers, and in dealer showrooms.
- Testimonial: Acknowledging that our mutual customers will say it best, compiling
customer testimonials on their recent positive buying experience will be key.
Describe how you intend to introduce NCPA to your company:
If awarded a Master Contract, Harper Industries will communicate the introduction of NCPA
through various outlets.
- Sales & Accounting NCPA Process Training (with support from NCPA)
- Announcement at the Quarterly Company Overview
- Summarized in the Quarterly Board of Directors Report
- Detailed in the Monthly Newsletter
- Reviewed in the Monthly Sales Meetings
Describe your firm’s capabilities and functionality of your on-line catalog /
ordering website:
Harper Turf Equipment’s full product offering can be viewed in detail at
www.harperturfequipment.com. From this website, a customer can review product features,
specifications, videos of the machines in the field, brochures, product manuals and much more.
In addition to our website, Harper Turf Equipment’s social media platforms (specifically our
YouTube channel) are filled with content from machine operation tips and tricks to basic routine
maintenance how-to’s.
While we do offer online ordering for component parts, this portal is restricted to our dealer
network only, encouraging all potential customers to visit the dealer locator
(www.harperturfequipment.com/find-a-dealer/) to contact their nearest dealer.
RFP# 43-20 Tab 4 | Vendor Profile
Describe your company’s Customer Service Department (hours of operation,
number of service centers, etc.):
Harper Industries, Inc.’s service department representatives are available 8:00 AM to 5:00 PM
CT, Monday through Friday. Our service technicians are trained to support both our dealer
network and our end users.
Hours of operation for dealers follow these same standards, 8:00 AM to 5:00 PM local time.
Green Initiatives:
At Harper Industries we strive for efficiency in all that we do. From minimizing waste to
properly disposing of hazardous material, we work to diligently check all the boxes.
Manufacturing:
Each year, we purchase just under 4,000,000 lbs. of steel to manufacture our diverse offering of
equipment. Annually, we recycle nearly 10% of our purchased steel, minimizing wasted material
and improving our impact on the environment.
All paint prep and paint materials are properly disposed of through Safety-Kleen’s services.
In addition to our input components, implementing efficiencies within our factory is top of
mind. In 2019 we initiated one the first tasks of our five-year factory improvement plan by
upgrading to LED overhead lighting in our 170,000 sq. ft. facility. Where feasible, motion
detected lighting is installed to conserve energy.
Fulfillment:
In fulfillment, we take a responsible approach at sourcing biodegradable and recyclable
materials for packaging products and preparing shipments.
By offering multiple product lines, HII has the opportunity to consolidate loads to help simplify
freight and transportation logistics to minimize our carbon footprint.
Product Offering:
In addition to our manufacturing processes, our product lines are designed to help make tough
jobs easier. In the turf realm, our products are designed to meet all emission standards.
Acknowledging that our products are designed for debris management and keeping our public
spaces clean, abiding by emission standard is just one more detail within Harper Turf’s
commitment to the clean air act.
Our agriculture and hydraulic divisions focus on efficient transportation and livestock feeding
solutions. It is our goal to educate our customers on minimizing feed waste by implementing
conscientious feeding practices that result in increased producer profit and more efficient usage
of forage and acreage.
Vendor Certifications:
Certificates are listed in the order of which they follow within the supplementary pages
(zipped Verification of Certificates file):
1) Articles of Incorporation, Kansas Secretary of State
Issued: April 10, 1998
RFP# 43-20 Tab 4 | Vendor Profile
2) Retailers’ Sales Tax Registration Certificate
Issued: July 25, 1998
3) 2020 Florida Annual Resale Certificate for Sales Tax
Expires: December 31, 2020
4) 2021 Florida Annual Resale Certificate for Sales Tax
Expires: December 31, 2021
5) State of Missouri Certificate of Authority
Issued: July 19, 2010
6) State of Washington Business License
Issued: June 19, 2020
7) Certificate of Conformity with the Clean Air Act
Issued: November 12, 2019
8) Society of Automotive Engineers (SAE), Standard J2638, Hitch Test Report
Test Date: September 10, 2020
9) ANSI/OPEI B71.10-2013
Test Date: December 1, 2019
10) California Air Resources Board, CARB Bond
Issued Date: July 16, 2020
11) Proof of Conformity to Machinery Directive in the European Union
Issued Date: February 2, 2020
12) Registration, Evaluation, Authorization and Restriction of Chemicals (REACH)
Declaration of Conformity
Issue Date: October 10, 2018
13) California Proposition 65 Compliance
Issue Date: October 10, 2018
14) International Standards Organization (ISO), Standard 2199
Hawk Certification
Issued on: November 9, 2020
15) Society of Automotive Engineers (SAE), Standard J1393
Hawk Test Report
Test Date: August 29, 2019
16) International Standards Organization (ISO), Standard 16231-2 & 5295-3
Hawk Test Report
Test Date: April 2, 2020
17) Harper Industries Case Summary Report
Pending & Issued Patents, Pending & Registered Trademarks, etc.
Documented: October 9, 2019
Tab 5 – Products and Services
¨ Respondent shall perform and provide these products and/or services under the terms of this
agreement. The supplier shall assist the end user with making a determination of their individual
needs.
¨ Respondents must provide their complete catalog of turf and grounds maintenance equipment,
parts, accessories, and related equipment and services. Each response should include access via
uploaded document or URL to the respondent’s catalog products and services. NCPA members
must be able to easily calculate any offered price based on the respondents pricing list or formula.
¨ Prices should be based on a specific fixed price list which must be included in Section 7 or an
easily verifiable formula of discount from a previously published list price, or other price program
based on a fixed standard cost and markup. If a standard cost is being used it must be shown in
the product list along with the markup % by item or category.
¨ The product and service categories each respondent offers should be based on their own catalog.
Please present each of your categories, and the pricing formula of each individual item or category,
along with the price or cos, and discount or mark-up, respectively.
¨ Parts, accessories, related equipment, and services should be clearly defined with each
respondent’s catalog categories, and pricing programs. It is the intent of the RFP to be as inclusive
as possible, and to take advantage of the entire breadth of products available from each vendor.
Due to the large variance in offerings it is likely that there will be multiple awards. If a respondent
only carries a small group of products, they should respond with what they can offer. We will be
contracting for a comprehensive program of equipment and services that no single vendor will be
able to supply.
RFP# 43-20 Tab 5 | Products & Services / Scope
PRODUCTS & SERVICES / SCOPE
________________________________________________________________
Product Offering:
Harper Turf Equipment’s response to the RFP 43-20 will fully encompass the offering of Turf
and Grounds Maintenance Equipment, Parts, Accessories, Supplies, Related Equipment and
Services. The following details will break down the discount offering as it is provided in Tab 7
(uploaded document titled NCPA Pricing Package).
HARPER TURF EQUIPMENT:
Base Units + Accessories, Optional Equipment + Replacement Parts
TURF VACUUM: 5% discount off list pricing + 15% off accessories, optional equipment & parts
TV35 - www.harperturfequipment.com/turf-vacs/tv35/
TV60 RE - www.harperturfequipment.com/turf-vacs/tv60RE/
TV60 RHD - www.harperturfequipment.com/turf-vacs/tv60RHD/
TV40 RE & RH - www.harperturfequipment.com/turf-vacs/tv40/
VERTI-CUTTER: 10% discount off list pricing + 15% off accessories, optional equipment & parts
VC60 - www.harperturfequipment.com/verti-cutters/verti-cutter/
SWEEPER: 3% discount off list pricing + 15% off accessories & optional equipment
Hawk 4400 & 4200 - www.harperturfequipment.com/sweepers/harper-hawk/
ALL-TERRAIN MOWER: 5% discount off list pricing + 15% off accessories, optional eq. & parts
ATM 72LC - www.harperturfequipment.com/slope-mowers/atm72/
LANDSCAPE: 10% discount off list pricing + 15% off accessories & optional equipment & parts
Debris Blower 3600 & 2700 - www.harperturfequipment.com/blowers/debris-blower/
MultiLoader ML32 - www.harperturfequipment.com/blowers/multiloader/
Straw Blower SB5400 & SB1300 - www.harperturfequipment.com/blowers/top-feed-straw-blower/
RFP# 43-20 Tab 5 | Products & Services / Scope
Freight:
Custom freight quotes will be supplied to the customer at the time equipment quotes are
compiled. Considering our distribution model is supported by stocking dealers across the
country, dealer inventory levels can alter lead times and shipping logistics. As noted on the
pricing attachment, Harper Industries will honor a 50% off discount on freight from the factory
and will be confirmed with the customer at the time the quote is provided.
Warranty:
All Harper Turf Equipment units include a standard one-year warranty. Additional details are
provided within the NCPA Pricing Package attachment.
Tab 8 – Value Added Products and Services
¨ Include any additional products and/or services available that vendor currently performs in their
normal course of business that is not included in the scope of the solicitation that you think will
enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.
¨ Additional related products and services respondents provide should also be included in the price
proposal.
RFP# 43-20 Tab 8 | Value Added Products & Services
VALUE ADDED PRODUCTS AND SERVICES
__________________________________________________________________
Additional Products & Services:
As shared in our vendor profile, Harper Industries, Inc. is a diverse equipment manufacturer
that operates under four different product brands. In addition to turf maintenance markets, we
take great pride in serving the agriculture and work truck industries.
DewEze Ag:
Known for its durable design, DewEze Ag is a leader in the livestock feeding equipment
market. Reliability, superior service, and appealing esthetics are just a few of the
variables that make DewEze the premium brand on the market.
Product Offering: Parallel & Pivot Bale Beds S3 Hay Processors
Standard Flatbeds 660 Bolt-on Units
BeefCake Supplement Feeders 165-I Bale Huggers
DewEze Hydraulics:
A product that was first initiated to power our Ag line quickly morphed into its own
division in the late 70’s - setting a new standard in the wrecker and work truck markets.
Ease of installation and serviceability on decades of hydraulic solutions gives our brand a
strong competitive advantage.
Product Offering: Clutch Pump Kits Electric/Hydraulic Systems
Reel Transport Flatbeds Central Hydraulic Systems
Butler Beds:
Acquired by Harper Industries in 2019, Butler Beds serves a customer base we once
missed. In contrast to DewEze, Butler is an economical solution with a broad feature
offering - the perfect tool to compliment any farmer or rancher’s operation.
Product Offering: Arm Bale Beds
Spike Bale Beds
Standard Flatbeds
Value Added pricing is detailed in the NCPA Pricing Package. Additional info will be provided upon request.
Tab 9 – Required Documents
¨ Clean Air and Water Act / Debarment Notice
¨ Contractors Requirements
¨ Antitrust Certification Statements
¨ Required Clauses for Federal Funds Certifications
¨ Required Clauses for Federal Assistance by FTA
¨ State Notice Addendum
Contractor Requirements
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality
Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further
warrants that it is in compliance with the various state statues of the states it is will operate this contract
in.
Participating Government Entities including School Districts may request verification of compliance from
any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to
confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in
compliance, they may pursue any and all remedies allowed by law, including, but not limited to:
suspension of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires compliance
with federal immigration laws by State employers, State contractors and State subcontractors in
accordance with the E-Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed
Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a
full set of fingerprints to the school district if requested of each person or employee who may provide such service.
Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be
made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the
appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which
fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide
services on school district properties until authorized by the District.
The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which
the work is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being
performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have
scrutinized business operations in Sudan and/or Iran.
Authorized signature
Date November 5, 2020
Required Clauses for Federal Funds Certifications
Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following
certifications and provisions may be required and apply when a Participating Agency expends federal funds for any
purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small
purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the
procurement provisions of Appendix II to Part 200, as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances
where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of $10,000)
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the
definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR
12319, 12935, 3 CFR Part, 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 CFR part 60, “Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted
construction contract, the equal opportunity clause is incorporated by reference herein.
(D) 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 CFR
Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In
accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors
must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract
or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must
report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision
for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 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.
(E) 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 CFR Part 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.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding
agreement” under 37 CFR §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 CFR Part 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.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires 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).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 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 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 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.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not 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. Each tier must also
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.
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process,
offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror
further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all
other pending matters are closed.
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror
certifies that it will 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 (42 U.S.C. 6321
et seq.; 49 C.F.R. Part 18).
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal
Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America
Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating
Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable
procurement rules calling for free and open competition.
Required Clauses for Federal Assistance provided by FTA
ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of not less
than three (3) years after the date of termination or expiration of this Contract or any extensions thereof
except in the event of litigation or settlement of claims arising from the performance of this Contract, in
which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the
Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation,
appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records
with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to
reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the
purpose of audit and examination.
FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11).
CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the
Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C.
§ 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition,
Contractor agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this
Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended,
42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all
applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR,
Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the course of this Project.
Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, creed, national origin, sex, marital
status, or age. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In addition, Contractor
agrees to comply with any implementing requirements FTA may issue.
b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29
U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing
regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment
discrimination by Contractor against individuals on the basis of age, including present and prospective
employees. In addition, Contractor agrees to comply with any implementing requirements FTA may
issue.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended
(ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with
disabilities in programs, activities, and services, and imposes specific requirements on public and private
entities. Contractor agrees that it will comply with the requirements of the Equal Employment
Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with
disabilities and with their responsibilities under Titles I through V of the ADA in employment, public
services, public accommodations, telecommunications, and other provisions.
d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide
for their employees any segregated facilities at any of their establishments, and that they do not and will
not permit their employees to perform their services at any location under the Contractor’s control
where segregated facilities are maintained. As used in this certification the term “segregated facilities”
means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas,
parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in fact segregated on the basis
of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees
that a breach of this certification will be a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations,
either by competitive bidding or negotiation, made by Contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations
relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination
provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may
determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under
the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in
whole or in part.
Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal
assistance provided by FTA, modified only if necessary to identify the affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the
policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in
49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts.
1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this Contract. Contractor shall carry out all
applicablerequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure
by Contractor to carry out these requirements is a material breach of this Contract, which may result in the
termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract
Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime
Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of
payment for that Work from public agency. In addition, Contractor is required to return any retainage
payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this
Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of
payment from the above time frames may occur only for good cause following written approval of public
agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify
public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails
to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at
least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that
Work through its own forces, or those of an affiliate, without prior written consent of public agency.
3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public
agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable
opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract.
Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent
agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the
efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in
the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C.
Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including
without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may
be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall
constitute a material breach of this Contract.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of
Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions
required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed
to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform
any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to
be in violation of the FTA terms and conditions.
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and
notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the
underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or
liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance
provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who
will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§
3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to
this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of
any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the
FTA assisted project for which this Contract Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the
right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal
Government deems appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement,
submission, or certification to the Federal Government under a contract connected with a project that is financed in whole
or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government
reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent
the Federal Government deems appropriate.
Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance
provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will
be subject to the provisions.
State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to
include all county, city, special district, local government, school district, private K-12 school, higher education
institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all
other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national
contract.
For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/State and Territories.shtml
https://www.usa.gov/local-governments