Apple Valley City Council
October 22, 2024

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, October 22, 2024, 6:30 p.m.

Council Chamber

PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER
THIS MEETING IS BROADCAST LIVE AND VIEWABLE ON FRONTIER CHANNEL 29 OR CHARTER SPECTRUM CHANNEL 186 AND LIVE STREAMED ONLINE AT HTTPS://APPLEVALLEY.TV. THE TOWN OF APPLE VALLEY SUPPORTS PUBLIC COMMENTS

FOR INDIVIDUALS NOT PHYSICALLY PRESENT AND WISHING TO MAKE A PUBLIC COMMENT. PLEASE EMAIL YOUR COMMENT TO [email protected].

COMMENTS SHOULD BE SUBMITTED BY 12:00 P.M. ON THE MEETING DATE TO BE INCLUDED IN THE RECORD.

The meeting will occur in the Council Chamber located at 14955 Dale Evans Parkway in Apple Valley, California.

This is an agenda for the scheduled meeting of the Town of Apple Valley.

This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chamber. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours. Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.

Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.

In accordance with the Rules of Procedure, members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak.

Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.

No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of the Town Council/Redevelopment Agency or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3.

When called, approach the podium and if desired, please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.

Individuals, who demonstrate disruptive conduct during Town Council meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in PC403, disrupting a public meeting and are subject to removal from the chamber or arrest.

The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.

Pages

1. Call to Order

2. Opening Ceremonies

2.1 Invocation
Pastor Johnny Lewis from Grace Christian Community Church

2.2 Pledge of Allegiance

2.3 Presentations

3. Public Comments

4. Councilmember Committee/Commission/Community Participation 6 Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

5. Town Council Announcements

5.1 Suggested items for next Agenda

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - November 12, 2024 - Council Chamber Regular Session at 6:30 p.m.

6. Town Council Consent Agenda
Recommended Motion:

To approve the Consent Calendar items numbered 6.1-6.7 as recommended.

6.1 APPROVAL OF MINUTES 8
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 APPROVE PAYMENT OF INVOICE FOR REPLACEMENT OF

DAMAGED TRAFFIC SIGNAL FOUNDATION AND POLE AT APPLE

VALLEY RD AND TUSCOLA ROAD
15 Approve payment of invoice for replacement of damaged traffic signal foundation and pole at Apple Valley Road and Tuscola Road to St.

Francis Electric in the amount of $73,700.00.

6.3 TO APPROVE THE UPDATED TOWN OF APPLE VALLEY

EMERGENCY OPERATIONS PLAN
22 To approve the updated Town of Apple Valley Emergency Operations Plan.

6.4 ADOPT RESOLUTION NO. 2024-32 AND APPROVE AGREEMENT

FOR GOODBUY PUCHASING COOPERATIVE MEMBERSHIP
24 That the Town Council:

Adopt Resolution No. 2024-32 for a Shared Service
Arrangement for Participation in the Goodbuy Purchasing Cooperative
A.

Review and authorize the Town Manager or designee to execute the Interlocal Participation Agreement for the GoodBuy
Purchasing Cooperative operated by the Education Service Center, Region 2, for the purpose of purchasing goods and services from vendors selected through the competitive bidding process.

B.

6.5 ACCEPTANCE OF WORK FOR MODULAR KENNEL CRANING AND

UTILITY CONNECTION PROJECT AND APPROPRIATE ADDITIONAL
$17,006.
33 That the Town Council:

Accept the work completed by KNC Construction, Inc. as part of the modular kennel craning and utility connection project – project No. 2024-327 for a total cost of $ 111,007.

A.

B. Approve an additional budget appropriation of $17,006 Direct the Town Clerk to file the Notice of Completion for the contract work.

C.

Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

D.

6.6 ADOPT RESOLUTION NO. 2024-33 AND APPROVE VACATING A PUBLIC ACCESS EASEMENT AT TRACT MAP 17247
41 That the Town Council:

Find that public access easement as shown on Tract Map
17247, has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the proposed vacation;
A.

Adopt Resolution No.2024-33 A Resolution of the Town Council of the Town of Apple Valley, California, vacating a public access easement on Tract Map 17247, pursuant to the Streets and Highways Code Section 8333 (a)”; and
B.

Direct the Town Clerk to cause the Resolution vacating the public access easement to be recorded in the office of the County Recorder of the County of San Bernardino, pursuant to Section 8336 of the Streets and Highways Code.

C.

6.7 APPROVE PURCHASE OF SPORTS FIELD LIGHTING FOR CAPTAIN JOSEPH MCCONNELL JR. USAF, PARK
49 That the Town Council approve and authorize the Town Manager or his designee to approve the price proposal and authorize a purchase order with Musco Sports Lighting, LLC for the purchase of sports field lighting and necessary equipment in the amount not to exceed $359,885. The new sports field lighting will be installed at the Captain Joseph McConnell Park Jr.,USAF (McConnell Park) Park.

7. Public Hearings

8. Business of the Council

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update

11. Closed Session

12. Adjournment
Recommended Motion:

To adjourn the meeting of the Apple Valley Town Council at TIME.

TOWN OF APPLE VALLEY

TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS

CITIZEN ADVISORY COMMITTEES

HISTORICAL ADVISORY COMMITTEE (HAC)
Council Member Cusack
Meets every 2nd Tuesday of each month at 9:00 a.m.,
(location may vary)

SPECIAL ADVISORY COMMITTEES
DISASTER PREPAREDNESS*
Mayor - Chairman
Meets quarterly at 1:30 p.m., Town of Apple Valley
Conference Center - Development Services Building
14975 Dale Evans Parkway, Apple Valley.

TRAFFIC ADVISORY COMMITTEE (TAC)
Mayor Nassif
As needed.

Town Council Chambers

TOWN PERSONNEL COMMITTEE
Mayor Nassif
Council Member Bishop
Meets as Needed

PARK AND RECREATION ADVISORY COMMITTEE
Mayor Nassif
Council Member Emick

AD HOC COMMITTEES

APPLE VALLEY ROAD AD HOC COMMITTEE
Mayor Nassif

VILLAGE MERCHANTS AD HOC COMMITTEE
Council Member Emick

SINGLE-FAMILY RESIDENTIAL DESIGN CRITERIA

AD-HOC COMMITTEE
Mayor Pro Tem Art Bishop
Council Member Kari Leon

AGENCY - BOARDS/COMMITTEES &

COMMISSIONS

CALIFORNIA JOINT POWERS INSURANCE

AUTHORITY (CJPIA)
Mayor Nassif – Director
Exec. Committee meets every 4th Wednesday of each
month at 7:00 p.m., La Palma, CA.

CAL CITIES/DESERT MOUNTAIN DIVISION (DMD)
Mayor Nassif- Voting Delegate
Mayor Pro-Tem Bishop – Alternate
Meets as needed, rotating cities.

MOJAVE DESERT AIR QUALITY MANAGEMENT

DISTRICT (MDAQMD)
Council Member Leon-– Delegate
Council Member Emick – Alternate
Meets every 4th Monday of each month at 10:00 a.m.,
14306 Park Avenue, Victorville

MOJAVE DESERT AND MOUNTAIN RECYCLING

AUTHORITY
Council Member Cusack – Delegate
Mayor Pro-Tem Bishop – Alternate
Meets quarterly on the 2nd Thursday February, May,
August and November at 10:00 a.m.
at the Materials Recovery Facility, 17000 Abbey Lane,
Victorville

SAN BERNARDINO COUNTY TRANSPORTATION

AUTHORITY (SBCTA)
Mayor Pro-Tem Bishop - Board Member
Council Member Cusack – Alternate
Meets 2
nd Wednesday of each month at 9:00 a.m.,
I10/I15 Corridor meets 2
nd Thursday at 10:00 a.m.
1170 West 3
rd St.

San Bernardino

SOLID WASTE ADVISORY TASK FORCE (SWAT)
Council Member Cusack – Committee Member
Julie Ryan - Alternate
Meets as needed on Wednesdays at 1:30 p.m.

Sam J. Racadio Library & Environmental Learning
Center Community Room 7863 Central Ave. Highland

VICTOR VALLEY ECONOMIC DEVELOPMENT

AUTHORITY (VVEDA)
(George Air Force Base Reuse Task Force)
Council Member Emick – Commissioner
Mayor Pro-Tem Bishop – Alternate
Meets every 2nd Wednesday of each quarter at 5:00
p.m., SCLA

VICTOR VALLEY TRANSIT AUTHORITY (VVTA)
Council Member Emick – Representative
Council Member Leon - Alternate
Meets every 3rd Monday of each month at 9:30 a.m.,
Victorville City Hall

VICTOR VALLEY WASTE WATER RECLAMATION

AUTHORITY (VVWRA)

Mayor Nassif – Commissioner
Mayor Pro-Tem Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.

VVWRA Offices

GREATER HIGH DESERT CHAMBERS

GOVERNMENTAL RELATIONS COMMITTEE
Mayor Pro-Tem Bishop – Representative
Council Member Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.

Town Council Agenda Report
Date: October 22, 2024
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES

From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Director of Government Services/Town Clerk Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve the subject minutes as part of the consent agenda.

SUMMARY:

A. Regular Meeting October 8, 2024.

Apple Valley Town Council

MINUTES
October 8, 2024, 6:30 p.m.

Council Chamber
Members Present: Council Member Larry Cusack
Council Member Curt Emick
Council Member Kari Leon
Mayor Pro Tem Art Bishop
Mayor Scott Nassif
_____________________________________________________________________

1. Call to Order
Mayor Nassif called to order the regular session of the Apple Valley Town Council at 6:30 p.m.

2. Opening Ceremonies

2.1 Invocation
Pastor Ed Carlson from First Assembly of God, Apple Valley

2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Leon.

2.3 Presentations
Happy Trails Parade Awards Ceremony – Certificates and prizes presented to the winners of the parade.

3. Public Comments
Marcy Taylor, Apple Valley, commented on being a loyal supporter of the Town for many years, participating in the annual parade. She expressed concern that this year, her group was not allowed to display a float of their choice for the Apple Valley parade.

Matthew Rutledge, Apple Valley, expressed concern regarding a home in his neighborhood that continues to host loud parties for high school students. He

Town Council Meeting Minutes October 8, 2024
2 also believed that these underage individuals are being served alcohol and marijuana.

La Kerie Williams, Apple Valley, expressed concern regarding a lack of training for public safety officers in the Town of Apple Valley.

4. Councilmember Committee/Commission/Community Participation Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

Council Member Emick commented on committee meetings and events that he attended.

Council Member Leon commented on committee meetings and events that she attended.

Council Member Cusack commented on committee meetings and events that he attended.

Mayor Pro Tem Bishop commented on committee meetings and events that he attended.

Mayor Nassif commented on committee meetings and events that he attended.

5. Town Council Announcements

5.1 Suggested items for next Agenda

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - October 22, 2024 - Council Chamber Regular Session at 6:30 p.m.

6. Town Council Consent Agenda
Council Member Cusack has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with Apple Valley Communications, AV Tech Services or AVCOM Services for the Town of Apple Valley as the owner of these businesses. Therefore, he will be recusing from voting on the warrants for Apple Valley Communications, AV Tech Services and AVCOM Services listed under Agenda Item Number 6.2. In addition, due to his interest in these businesses, Council Member Cusack will be recusing from voting on specific warrants listed under Agenda Item Number 6.2 because these entities are considered sources of income to his businesses. A list of business entities for Council Member Cusack

Town Council Meeting Minutes October 8, 2024
3 is maintained on file in the Town Clerk’s Office and available for review at the dais.

Council Member Cusack confirmed that he would be recusing from voting on these warrants.

Council Member Emick announced that he would be recusing from voting on Agenda Item Number 6.6 due to a potential conflict of interest as a member of the board for No Drugs America
Mayor Nassif, with the consensus of the Town Council, pulled Agenda Item Number 6.4, for discussion.

Motion by: Council Member Leon
Seconded by: Mayor Pro Tem Bishop
To approve the Consent Calendar items numbered 6.1 - 6-3 and 6.5 - 6.8 as recommended, with abstentions as noted, and that Agenda Item Number 6.4, be pulled for discussion.

Yes (5): Council Member Cusack, Council Member Emick, Council Member Leon, Mayor Pro Tem Bishop, and Mayor Nassif
Carried (5 to 0)

6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 SEPTEMBER 2024 COMMERCIAL WARRANTS AND WIRE TRANSFER

SCHEDULES
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

6.3 SEPTEMBER 2024 PAYROLL/BENEFITS WARRANTS SCHEDULE
That the Town Council receive, ratify, and file the payroll/benefits warrants as presented.

6.5 APPROVE PURCHASE OF RESTROOM FOR CAPTAIN JOSEPH
MCCONNELL JR. USAF, PARK
That the Town Council approve and authorize the Town Manager or his designee to approve the price proposal and authorize a purchase order with Public Restroom Company for the purchase and installation of a

Town Council Meeting Minutes October 8, 2024
4 prefabricated restroom and storage building in the amount not to exceed $497,700. The prefabricated restroom and storage building will be installed at the Captain Joseph McConnell Park Jr.,USAF (McConnell Park) Park.

6.6 FEE WAIVER NO DRUGS AMERICA
For good cause shown, and finding a waiver will serve a public purpose, approve the waiver of the Park Rental Fee of $946.00.

6.7 DEDICATION OF ROAD EASEMENTS ON TOWN-OWNED PROPERTY A. That the Town Council dedicate road easements for public road and public utility purposes at the Town-owned Parcel, APN 0437- 242-01, located at the southeast corner of Central Road and Standing Rock Avenue.

B. Direct the Mayor to execute the Road Easement document on behalf of the Town of Apple Valley, for Central Road, Standing Rock Avenue, and Roxbury Road.

6.8 APPROVE PURCHASE OF TASKMASTER GRINDER AT LIFT STATION 3A-1
Approve purchase of a Taskmaster Grinder from Franklin Miller, Inc. in the amount of $70,862.

PULLED FOR DISCUSSION

6.4 AWARD CAPTAIN JOSEPH MCCONNELL JR., USAF PARK PROJECT A. That the Town Council review and approve the bid documents for the Captain Joseph McConnell Jr., USAF Park Project.

B. Award a contract to Three Peaks Corporation, for the Captain Joseph McConnell Jr., USAF Park project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager in the amount of $6,811,604 and a 10% contingency of $681,160, for a total amount not to exceed $7,492,764.

C. Approve Budget for grant revenues and project appropriations.

Debbie Rivera, Parks and Recreation Manager, presented the staff report as filed with the Town Clerk.

Mayor Nassif explained that the park project would be funded through a grant that was previously applied for and awarded.

Town Council Meeting Minutes October 8, 2024
5 Discussion ensued regarding the amenities that the park would have pending Council approval. Also discussed was lighting in the park and a possible memorial for Captain Joseph McConnell Jr.

Doug Robertson, Town Manager, commented on the opportunity to apply for funding for a park of this magnitude for the benefit of our community; however, he explained that there will be an ongoing need for funding for park maintenance and upkeep.

Motion by: Council Member Cusack
Seconded by: Mayor Pro Tem Bishop
Yes (5): Council Member Cusack, Council Member Emick, Council Member Leon, Mayor Pro Tem Bishop, and Mayor Nassif
Carried (5 to 0)

7. Public Hearings
None.

8. Business of the Council
None.

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update
Doug Robertson, Town Manager, commented on upcoming activities and events at the Town of Apple Valley as well as provided a brief legislative update.

11. Closed Session
None.

Town Council Meeting Minutes October 8, 2024
6 12. Adjournment
Motion by: Council Member Leon
Seconded by: Council Member Emick
To adjourn the meeting of the Apple Valley Town Council at 7:46 p.m.

Carried Unanimously
_____________________
Mayor, Scott Nassif
______________________________
Town Clerk, La Vonda M-Pearson

Town Council Agenda Report
Date: October 22, 2024
To: Honorable Mayor and Town Council
Subject: APPROVE PAYMENT OF INVOICE FOR REPLACEMENT OF

DAMAGED TRAFFIC SIGNAL FOUNDATION AND POLE AT APPLE

VALLEY ROAD AND TUSCOLA ROAD
From: Douglas Robertson, Town Manager
Submitted by: Jabez Vargas, Public Works Manager
Public Works Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Approve payment of invoice for replacement of damaged traffic signal foundation and pole at Apple Valley Road and Tuscola Road to St. Francis Electric in the amount of $73,700.00.

BACKGROUND
On April 16, 2023, a traffic collision occurred at the intersection of Apple Valley Road and Tuscola Road. The collision resulted in a downed traffic signal pole and damaged the foundation for that signal. The traffic signal design was subsequently modified and the Town purchased the appropriate replacement signal pole. The work, including installation of new foundation and signal pole, was completed by St. Francis Electric who is under contract with the Town for such work until June 30, 2025.

FISCAL IMPACT
Funding for the repair of these damages has been appropriated in the adopted FY 2024- 25 budget under Street Maintenance account code 20105031.710217 and shall be reimbursed by the responsible party’s auto insurance carrier.

ATTACHMENTS
A. Invoice from St. Francis Electric
B. Traffic Signal Maintenance Contract with St. Francis Electric

Town Council Agenda Report
Date: October 22, 2024
To: Honorable Mayor and Town Council
Subject: TO APPROVE THE UPDATED TOWN OF APPLE VALLEY

EMERGENCY OPERATIONS PLAN
From: Douglas Robertson, Town Manager
Submitted by: Kiel Mangerino, Assistant Town Clerk
Government Services Department
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
To approve the updated Town of Apple Valley Emergency Operations Plan.

BACKGROUND:

The Town of Apple Valley's Emergency Operation Plan serves as a comprehensive framework for managing and coordinating response efforts during emergencies and disasters. The EOP is designed to ensure that our town can effectively respond to a wide range of potential incidents, from natural disasters to human-made crises.

As part of our ongoing commitment to public safety, the EOP undergoes a review and update every five years. This practice is aligned with both state and federal guidelines, ensuring that our emergency response protocols remain current, effective, and reflective of the latest best practices in emergency management.

NEED FOR UPDATES:

1. Compliance with State and Federal Guidelines:

State and federal regulations mandate regular updates to emergency operation plans to ensure alignment with the latest policies, procedures, and technologies.

Adhering to these guidelines not only keeps our EOP compliant but also enhances our eligibility for state and federal funding in the event of a disaster.

2. Incorporation of New Threats and Hazards:

Over time, new threats and hazards may emerge, and existing ones may evolve.

The 5-year review cycle allows us to incorporate recent developments in risk assessment, ensuring that the EOP addresses the current threat landscape.

3. Lessons Learned from Past Incidents:

The update process includes a review of recent emergencies, both within our town and in other jurisdictions. By analyzing these incidents, we can identify areas for improvement and integrate lessons learned into our EOP.

4. Advancements in Technology and Communication:

Technological advancements have transformed the way emergency operations are conducted. Updating the EOP allows us to integrate new tools, platforms, and communication methods that enhance our response capabilities.

CONCLUSION:

The updated Emergency Operation Plan for the Town of Apple Valley reflects our ongoing commitment to the safety and well-being of our community. The regular 5-year review cycle ensures that our EOP remains a living document, responsive to the evolving needs of our town. By maintaining preparedness, we not only protect our residents but also strengthen the resilience of the Town of Apple Valley.

FISCAL IMPACT:

No fiscal impact anticipated.

ATTACHMENTS:

A. The Updated Emergency Operation Plan is on file with the Town Clerks Office and available online.

Town Council Agenda Report
Date: October 22, 2024
To: Honorable Mayor and Town Council
Subject: ADOPT RESOLUTION NO 2024-32 AND APPROVE AGREEMENT

FOR GOODBUY PUCHASING COOPERATIVE MEMBERSHIP

From: Douglas Robertson, Town Manager
Submitted by: Debbie Rivera, Parks and Recreation Manager Parks and Recreation Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION:

That the Town Council:

A. Adopt Resolution No. 2024-32 for a Shared Service Arrangement for Participation in the Goodbuy Purchasing Cooperative
B. Review and authorize the Town Manager or designee to execute the Interlocal Participation Agreement for the GoodBuy Purchasing Cooperative operated by the Education Service Center, Region 2, for the purpose of purchasing goods and services from vendors selected through the competitive bidding process.

BACKGROUND:

Since 1992, the GoodBuy Purchasing Cooperative (formerly Multi-Regional Purchasing Program) has served local educational agencies, city and county governmental entities, non-profit organizations, and higher education, to purchase goods and services in an efficient, cost effective and competitive procurement method following competative bidding laws. Approval of this Interlocal Agreement between the Town and GoodBuy Purchasing Cooperative would allow for the provision of purchasing services by GoodBuy to the Town, and allow for the Town to utilize exception #10 in Secion 3.12.270 of the Towns Municipal Code, referred to as “piggybacking”. Exception #10 in Section 3.12.270 of the Towns Municipal Code states:

(10)Without further contracting, solicitation, or formal bidding as described in this Chapter, the Town Council may authorize, or may authorize the Town Manager to allow, the Town's Finance Director or the Purchasing Agent to contract for the purchase of supplies, equipment or services with other governmental jurisdictions or public agencies who are making or have made the same such purchases through legal, competitively awarded contracts in effect at the time of the Town's entrance into that same contract (commonly referred to as "piggybacking").

Participation in this cooperative purchasing program is non-exclusive and the Town may purchase goods and services through other purchasing programs, in addition to this program. The Town is currently a member of other purchasing programs such as Sourcewell, and Omnia Partners. The Interlocal Agreement runs for one full year, from September 1 through August 31 of each calendar year, and would become effective upon approval by both the Program Member’s governing body, and the Region 2 ESC Board of Directors. The Interlocal Agreement would automatically renew for successive oneyear terms, unless terminated by either party. There is no membership cost to join with GoodBuy Purchasing Cooperative.

FISCAL IMPACT:

There is no membership cost to join with GoodBuy Purchasing Cooperative. Use of such cooperatives saves staff time in the procurement of equipment or goods by eliminating the public bidding process. Additionally, it lessens the Town’s expenses by the procurement of items at costs usually lower than those that would be expected through an individual public bid process.

ATTACHMENTS:

A. Resolution 2024-32 Shared Services Arrangement for Participation in the GoodBuy Purchasing Cooperative
B. Agreement Interlocal Participation Agreement for the GoodBuy Purchasing Cooperative

RESOLUTION NO. 2024-32

A RESOLUTION OF THE TOWN COUNCIL OF THE

TOWN OF APPLE VALLEY TO APPROVE A SHARED

SERVICES AGREEMENT FOR PARTICIPATION IN THE

GOODBUY PURCHASING COOPERATIVE (A

PROGRAM OF THE EDUCATION SERVICE CENTER,
REGION 2)
WHEREAS, the Town of Apple Valley, pursuant to exception #10 in Section

3.12.270 of the Town’s Municipal Code, is able to procure goods using a method commonly known as “piggybacking”; and
WHEREAS, the Town of Apple Valley has elected to be a Member of the Goodbuy Purchasing Cooperative, a program created by local governments in accordance with the Inter-local Cooperation Act 791, Texas Government Code; and WHEREAS, the Town of Apple Valley is of the opinion that participation in the Goodbuy Purchasing Cooperative will be highly beneficial to the taxpayers of the local government through the efficiencies and potential savings to be realized through participation in this Shared Service Arrangement Resolution; and WHEREAS, the Town of Apple Valley desires to participate and join with other local governments in a cooperative inter-local agreement and a shared service agreement for the purpose of fulfilling and implementing their respective public governmental purposes, needs, objectives, programs, functions and services.

NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AS FOLLOWS:

Section 1. The Town Council does request the Goodbuy Purchasing Cooperative include its stated needs for all categories of instructional goods and services, whereby the Town of Apple Valley may be allowed to purchase those items from the Goodbuy Purchasing Cooperative contracts; and that the Goodbuy Purchasing Cooperative is authorized to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the Town of Apple Valley that have elected to participate in this agreement.

Section 2. The Town Council hereby authorizes the Town Manager or designee to sign and submit all documents in relation to the acceptance of this Shared Services Agreement, on behalf of the Town of Apple Valley.

Section 3. The Town Council hereby resolves that the execution of this Resolution shall evidence the election of the Town Council of the Town of Apple Valley an eligible local government to become a member of the Multi-Regional Purchasing Program Shared Service Agreement upon the terms and conditions stated. The Town Council of the Town of Apple Valley has, and at the time of adoption of this Resolution had, full power and

lawful authority to adopt the foregoing Resolution and to confer the obligations, powers, and authority to the persons named, who hereby grant the power to exercise the same.

Section 4. Effective Date. This Resolution is effective immediately. All resolutions, parts of resolutions in conflict herewith are hereby amended to be consistent herewith.

APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 22 day of October 2024.
_____________________________________
Scott Nassif, Mayor
ATTEST:
______________________________
La Vonda M-Pearson, Town Clerk

GoodBuy Participation Agreement 1
Interlocal Participation Agreement for the GoodBuy Purchasing Cooperative The GoodBuy Purchasing Cooperative (“GoodBuy”), is a Purchasing Cooperative authorized by Tex. Gov’t Code §§ 791.001 et seq. as amended, operated by the Education Service Center, Region 2 (“Region 2 ESC”), a state agency, as authorized by Tex. Educ. Code (“TEC”) §8.002 and TEC §44.031(a)(4). The purpose of this Agreement isto facilitate compliance with state bidding requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for Program Members. Program Members may purchase goods and services from any and all GoodBuy vendors, under the same terms, conditions, and price as stated in each GoodBuy awarded contract. GoodBuy excludes engineering, architectural, land surveyors, doctors, nurses and construction services. The purchase of goods through GoodBuy includes the purchase of any services reasonably required for the installation, operation, or maintenance of purchased goods, where such services are included in the awarded Vendor contract.

MEMBERSHIP

1. Program Members. Program Members must be qualifying local governmental entities of the State of Texas or another State; or qualifying private non-profit entities with tax exempt status under IRS Code Section 501(c)(3), operating private schools or child care facilities.

2. To become a Program Member requires the approval of this Agreement by the governing body of the Member, and by the Region 2 ESC Board of Directors. Each Program member must submit a copy of this Agreement signed by an authorized representative of the Member, along with a signed copy of a Resolution approved by the Program Member’s governing body, to Region 2 ESC, as a condition of membership, as set forth below.

3. Non-governmental Members. In addition to the membership requirements set forth in Paragraph 2 above, all non-governmental entities seeking membership in GoodBuy must produce such documents as may be required from time to time by GoodBuy, to demonstrate each such non-governmental entity is eligible to become a Program Member under applicable law.

4. Membership Term. This Agreement shall be for one calendar year, which shall run from September 1 through August 31 of each calendar year, and shall become effective upon approval by both the Program Member’s governing body, and the Region 2 ESC Board of Directors. This Agreement shall automatically renew for successive one-year terms, unless sooner terminated as provided in this Agreement. The terms and conditions of this Agreement shall apply to the initial term of Membership and all renewals, unless the terms and conditions are modified in writing, and approved by the governing body of GoodBuy, the Region 2 ESC Board of Directors. There is no fee for Program Membership.

5. Termination of Membership. Either the Program Member or Region 2 ESC may elect to non-renew this Agreement by sixty (60) days written notice of non-renewal delivered to the designated representative of the other party, as set forth below. This Agreement may also be terminated by either party upon thirty (30) days prior written notice to the designated representative set forth below, with or without cause. If the Program Member terminates its participation during the term of this Agreement or if GoodBuy terminates participation of the Program Member under any provision of this Article, the Program Member shall bear the full financial responsibility for any purchases by the Program Member occurring after the termination date.

GoodBuy Participation Agreement 2
Services Provided by GoodBuy:

GoodBuy will:
 Provide the organization and administrative structure of the program, including all staff necessary for the efficient operation of the program;
 Solicit requests from Program Members for adding categories/commodities and relevant specifications, and quantity demands for goods and services that could be included in the GoodBuy program;  Prepare specifications for procurement of goods and services to be included in the GoodBuy program;  Publish solicitations for prices and bids from potential Vendors of goods and services to be included in the GoodBuy program;
 Qualify potential Vendors and their goods or services, based on published bid criteria, and including the conducting of due diligence of potential Vendors;
 Tabulate price quotes, unit prices, and other information provided by potential Vendors of goods and services, to determine awarded Vendors for specific goods and services;  Making all Vendor background research information and bids, and GoodBuy awarded Vendor contract analysis information available to Program Members;
 Maintain and publish the list of all GoodBuy awarded contracts, including all relevant information about the goods and services available under each awarded Vendor contract; and  Provide Members with procedures for ordering, delivery, and billing for Member purchases from GoodBuy vendors.

Region 2 ESC is the designated entity that shall supervise the GoodBuy performance of this Agreement.

Any written notice to the GoodBuy Purchasing Cooperative shall be made by first class mail, postage prepaid, and delivered to: GoodBuy Purchasing Cooperative, Education Service Center, Region 2, 209 N. Water St., Corpus Christi, Texas 78401-2528 or by e-mail sent and actually received by GoodBuy to a GoodBuy Relations Representative at [email protected].

Member Obligations:
 Each Program Member warrants that all Vendor payments, or other disbursements required under this Agreement will be made from current revenues budgeted and available to that Member.  Program Members commit to purchase goods and services that become part of the official GoodBuy products and services list when it is in the best interest of the member entity.  Each Program Member agrees to prepare purchase orders or provide other documentation issued to the appropriate vendor from the official awarded Vendor list provided by GoodBuy clearly noting contract number on it, as may be required by Member policy and procedures; provide a copy of each such Purchase Order, or Member approved order confirmation, Vendor Invoice or other proof of purchase for a purchase to the GoodBuy representative no later than 60 business days of the Member purchase from a GoodBuy Vendor;
 Accept shipments of products or delivery of services ordered from vendors in accordance with standard GoodBuy purchasing procedures.

GoodBuy Participation Agreement 3
 Pay Vendors in a timely manner for all goods and services received.  Report promptly in writing to GoodBuy any and all instances in which a Program Member has rejected goods or services delivered to the Member by any awarded GoodBuy Vendor, or has cancelled any previously approved Purchase Order or invoice Order for goods or services to be provided by any awarded GoodBuy Vendor, to the designated GoodBuy representative.  It is also a condition precedent to the approval of this Agreement for each Program Member by the Board of Directors of Region 2 ESC, that each prospective Program Member shall designate the person or persons who have express authority to represent and bind the Program Members in the administration and operation of this Agreement, with respect to GoodBuy purchasing, and Region 2 ESC will not be obligated to contact any other individual(s) regarding GoodBuy matters. A Program Member may change the designated Member representative listed below at any time by submitting written notice to [email protected].

Program Member Name: ___________________________________ Program Member Designated GoodBuy representative(s):

Name: _______________________ Contact Information: _____________________ Title: _____________________ (Address) _______________________________ Email: ___________________________ City: _________________________ Telephone: __________________________ State: ________________________ Facsimile: ______________________________________
The Program Member shall provide proof of goods and services purchased via any GoodBuy contract (purchase orders, monthly activity reports, order confirmations, invoices, etc.) to GoodBuy (all purchases conducted through GoodBuy Awarded Vendor contracts). These reports may be modified from time to time as deemed appropriate by GoodBuy.

GENERAL TERMS AND CONDITIONS

1. Governing Law and Venue. The Program Member and GoodBuy agree that this Agreement is governed by the law of the State of Texas and the published policies and procedures of GoodBuy. Any and all suits arising from this Agreement shall be brought in a court of competent jurisdiction and venue shall lie in Nueces County, Texas.

2. Cooperation and Access. The Program Member and GoodBuy agree that they will cooperate in compliance with any reasonable requests for information and/or records made by GoodBuy or the Program Member. GoodBuy reserves the right to audit the relevant records of any Program Member, and vice-versa.

3. Defense and Prosecution of Claims. The ESC shall not be responsible or obligated to defend any claims against the Member or prosecute any claims on behalf of the Member.

4. Legal Counsel. The Region 2 ESC shall not be responsible or obligated to provide or act as legal counsel to the Member with respect to any matter regarding this Agreement.

5. Purchase Contracts. The Region 2 ESC and GoodBuy shall not be a party to any contracts made by the Member for the purchase of goods or services with any vendor through the GoodBuy program.

Town of Apple Valley, California Debbie Rivera Town of Apple Valley Parks and Recreation Manager 14955 Dale Evans Parkway [email protected] Apple Valley (760)240-7000 ext 7885 CA

GoodBuy Participation Agreement 4

6. No Warranty. The Region 2 ESC and/or GoodBuy does not warrant, sponsor, or endorse the goods or services of any GoodBuy Vendor.

7. It is the responsibility of the Program Member purchasing from GoodBuy awarded vendors ensure that the applicable purchasing requirements for the Member are met in accordance with all applicable local, state and federal procurement law.

8. Mediation. All claims and disputes arising under this Agreement shall be submitted to non-binding mediation before a neutral mediator in Nueces County, Texas, with the party demanding mediation of a claim being obligated to pay all costs and expenses of mediation.

9. Compliance with Procurement Laws. GoodBuy shall use its best effects to solicit prices for goods and services in compliance with all applicable laws and regulations governing purchase contracts by Members, and will keep a record of its procurement methodology for inspection by any Member. Each Member is responsible for determining, in consultation with its legal counsel, whether purchasing through this cooperative will satisfy the requirements of any applicable law or regulation governing the Program Member.

10. This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered by its terms, and it may not be modified in any manner without the express written consent of the Parties.

11. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect

12. No Party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its directors, officers, employees, representatives and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein.

13. THE GOODBUY PURCHASING COOPERATIVE, ITS ENDORSERS, AND SERVICING

CONTRACTORS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN

REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED UNDER THIS

AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

14. THE PARTIES AGREE THAT IN REGARD TO ANY AND ALL CAUSES OF ACTION ARISING OUT

OF OR RELATING TO THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER

UNDER ANY CIRCUMSTANCES FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY

DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

15. GoodBuy and Region 2 ESC, their ENDORSERS AND SERVICING CONTRACTORS, DO NOT

WARRANT THAT THE OPERATION OR USE OF PROGRAM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

GoodBuy Participation Agreement 5

16. Merger: The Interlocal Participation Agreement, Board Resolution, Terms and Conditions, and General Provisions represent the complete understanding of the GoodBuy Purchasing Cooperative, and Program Member electing to participate in the Program.

17. Representation of Authorization: By the execution and delivery of this Agreement, the undersigned individuals warrant that they have been duly authorized by all requisite administrative action required to enter into and perform the terms of this Agreement.

TO BE COMPLETED BY THE GOODBUY PURCHASING COOPERATIVE, as acting on behalf of all other Program Members
By: Date:

GoodBuy Relations Representative, Region 2 ESC
Email: ____________________ Telephone: _______________________ Facsimile: __________________
(Name of Program Member)

TO BE COMPLETED BY PROGRAM MEMBER
By: Date:
(Signature of authorized representative of Program Member) Town of Apple Valley

Town Council Agenda Report
Date: October 22, 2024
To: Honorable Mayor and Town Council
Subject: ACCEPTANCE OF WORK FOR MODULAR KENNEL CRANING AND

UTILITY CONNECTION PROJECT AND APPROPRIATE ADDITIONAL
$17,006.

From: Douglas Robertson, Town Manager
Submitted by: Adriana Atteberry, Interim Animal Services Manager Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council:

A. Accept the work completed by KNC Construction, Inc. as part of the modular kennel craning and utility connection project – project No. 2024-327 for a total cost of $ 111,007.

B. Approve an additional budget appropriation of $17,006 C. Direct the Town Clerk to file the Notice of Completion for the contract work.

D. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

BACKGROUND
On June 25, 2024, the Town Council awarded the modular kennel craning and utility connection project to KNC Construction. Inc. work started July 16, 2024, and completed September 12, 2024. On July 26, 2024, a change order estimate was received in the amount of $10,994 for waterproofing. On September 12, 2024, a final change order in the amount of $6,013 for plumbing and electrical to complete the project was received.

The work completed includes necessary labor, equipment, materials to crane, waterproof, and connect the utilities in accordance with the project plans, standards specifications, and as directed by the Town Engineer.

ANALYSIS
Engineering Department staff inspected the project and deemed the work to be complete and acceptable.

FISCAL IMPACT
On June 25, 2024, the Town Council approved project appropriation of $94,000 plus 10% contingency of $9,400, for a total amount not to exceed $103,400. Additional appropriations of $10,994 for the waterproofing and $6,013 for the plumbing and electrical (a total of $17,006) are needed in account 47102118-750100 to complete the project.

ATTACHMENTS
A. Project Location
B. Change Order
C. Notice of Completion
D. Budget Amendment

Area of Work

TOWN OF APPLE VALLEY

BUDGET AMENDMENT/TRANSFER REQUEST

PURPOSE

FROM ACCOUNT (DECREASE)
Fund Dept Amount Available
After

TOTAL -

TO ACCOUNT (INCREASE)
Fund Dept Amount Available
After
4710 2118 17,007 17,007
TOTAL 17,007
Transfer Reference Check 17,007
Note: Budget Transfers must have a net total of "$0.00" Date Date
Date Entered by Date
Account Description Account No.

Town Manager
Department Director Finance Mgr. / Dir.of Finance
Animal Services Capital Projects 750100
Account Description Account No.

Requesting Department Prepared By Date Prepared
Animal Services Adriana Atteberry October 16, 2024

Town Council Agenda Report
Date: October 22, 2024
To: Honorable Mayor and Town Council
Subject: ADOPT RESOLUTION NO. 2024-33 AND APPROVE VACATING A PUBLIC ACCESS EASEMENT AT TRACT NO. 17247
From: Douglas Robertson, Town Manager
Submitted by: Richard Pedersen, Town Engineer
Engineering Division
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council
A. Find that public access easement as shown on Tract Map 17247, has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the proposed vacation;
B. Adopt Resolution No.2024-33 A Resolution of the Town Council of the Town of Apple Valley, California, vacating a public access easement on Tract Map 17247, pursuant to the Streets and Highways Code Section 8333 (a); and C. Direct the Town Clerk to cause the Resolution vacating the public access easement to be recorded in the office of the County Recorder of the County of San Bernardino, pursuant to Section 8336 of the Streets and Highways Code.

BACKGROUND
The Town received a request from Jimmy Luker with LGI Homes to vacate a public access easement located within approved Tract No. 17247. This easement is 180-foot long, ten (10)-feet wide, and designated as Lot “A”. The easement was dedicated to the Town in 2004 when the Tract Map was recorded.

The original purpose was to connect residents from within the private tract to outside facilities. However, the tract is currently proposed to be built as a public tract, and the need for a public access easement is no longer needed. As part of development, the tract will have two points of access for ingress and egress and will have sidewalks constructed around the development to aid in walkability/access for residents.

Furthermore, Lot “A” is unimproved and is not essential for ingress/egress to any of its

bordering properties. The lot to the west is served by Standing Rock Road and Central Road. Therefore, the easement vacation will not impact connectivity between land uses or the overall circulation of the vicinity. The proposed easement vacation will not create or perpetuate any landlocked parcels.

On October 2, 2024, the Planning Commission reviewed the requested for the vacation and determined that the request is consistent with the goals and policies of the Town’s General Plan. The legal description and the area of the proposed vacation is included in the resolution and shown on Exhibits A and B accompanying the resolution. The easement may be summarily vacated if it meets the criteria under the provisions of Section 8333 (a) of the Streets and Highways Code:
“(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.” As a result, no posting, advertising or public hearing is necessary. Once the Council adopts the resolution vacating the easement, the Town Clerk will record the resolution of vacation. After the resolution is recorded, the vacation is complete.

Once the vacation has been completed, the land will revert to private ownership and Lot “A” will be incorporated into Lot Number nine (9) of Tract Map No. 17247 to the direct south of the subject public access easement. This will be accomplished with a future lot merger to be filed after determination of this proposal.

FISCAL IMPACT
The applicant has paid the required fees for processing this vacation. There is no financial impact to the Town.

ATTACHMENTS
A. Location Map
B. Resolution to Vacate Public Access Easement with Exhibits

LOCATION MAP

RESOLUTION NO. 2024-33

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN

OF APPLE VALLEY, CALIFORNIA, VACATING A PUBLIC
ACCESS EASEMENT AT A, OF TRACT MAP 17247,

PURSUANT TO THE STREETS AND HIGHWAYS CODE
SECTION 8333 (a)

THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

WHEREAS, the Town Council of the Town of Apple Valley, California, intends to vacate a public access easement on Lot A, of Tract Map 17247, recorded in Book 338 of Maps, pages 83 through 91, Official Records, San Bernardino County, State of California; and
WHEREAS, the Town Council of the Town of Apple Valley now finds that it is now in the public interest that said public access easement be vacated, and the easement has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the proposed vacation, it hereby meets the requirements of section 8333(a) of the Streets and Highways Code;

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY DOES RESOLVE AND ORDER AS FOLLOWS:

Section 1: That pursuant to the Public Streets, Highways and Service Easements Vacation Law, Division 9, Part 3 Chapter 4, (Summary Vacation), California Streets and Highways Code beginning at section 8300, relating to the vacation of public streets, highways, and service easements, the following described easement for public access purposes is hereby vacated:

See attached Exhibits “A” and “B” attached hereto and made a part hereof Affects Assessor’s Parcel: 3087-351-52
Section 2: The Town Clerk shall record this Resolution of Vacation pursuant to Streets and Highways Code section 8336.

Section 3: That from and after the date this Resolution is recorded, said public access easement shall no longer constitute an easement for public access purposes on Lots A of Tract Map 17247 hereinabove described.

Section 4: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, the Town shall be deemed to have adopted this resolution without such section.

APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 22 day of October 2024.
_____________________________________
Scott Nassif, Mayor
ATTEST:
______________________________
La Vonda M-Pearson, Town Clerk

EXHIBIT “A”
Vacation of Pedestrian Access Easement

Being that certain easement for Pedestrian Access purposes over all of Lot “A” of Amended Tract No. 17247, in the Town of Apple Valley, as filed in Book 338, Pages 83 through 91, inclusive, of Maps in the office of the San Bernardino County Recorder, County of San Bernardino, State of California.

Containing 1,801 Square Feet, more or less,
See Exhibit “B”, attached hereto and by this reference made a part hereof.

Date
Robert N. Beuschlein, L.S. 7874
4/29/2024

NAWAKWA ROAD

STANDING ROCK AVENUE

SADDLEBACK AVENUE

SMOKE BUSH AVENUE

DESERT LILY COURT
COURT

THISTLEPOPPY

OCOTILLA ROAD

INDIGO ROAD

WHITE SAGE ROAD

PROJECT LOCATION
No. 7874

S T A T E O F CA L I F ORN I A

L ICENSED LAND SURVEYOR
R O
B E R T N . B E U S C H L E I N

HUNSAKER E
N
W
S
4/29/2024

LOT "A" - 1,801 sq.ft.

DESERT LILY COURT

HUNSAKER E
N
W
S

Town Council Agenda Report
Date: October 22, 2024
To: Honorable Mayor and Town Council
Subject: APPROVE PURCHASE OF SPORTS FIELD LIGHTING FOR CAPTAIN JOSEPH MCCONNELL JR. USAF, PARK

From: Douglas Robertson, Town Manager
Submitted by: Debbie Rivera, Parks & Recreation Manager Parks and Recreation Department
Budgeted Item: Yes No N/A
RECOMMENDED ACTION:

That the Town Council approve and authorize the Town Manager or his designee to approve the price proposal and authorize a purchase order with Musco Sports Lighting, LLC for the purchase of sports field lighting and necessary equipment in the amount not to exceed $359,885. The new sports field lighting will be installed at the Captain Joseph McConnell Park Jr.,USAF (McConnell Park) Park.

BACKGROUND:

The Town of Apple Valley was awarded an $8,494,127.00 Statewide Park Development and Community Revitalization Program (Prop 68) grant from the State Office of Grants and Local Services (OGALS) to design, engineer, and construct the southerly portion of the park located to the east of the property now serving as the Apple Valley Unified School District offices.

On June 27, 2023, the Town Council awarded a Professional Services Agreement (PSA) to Verde Design, Inc. to provide design services for the new park. Verde Design has worked to provide 100% design documents for the Town to submit for formal bidding.

Verde Design also helped identify certain amenities, including sports field lighting, which the Town could opt to purchase through direct cooperative purchasing agreements.

ANALYSIS:

Exception #10 in Secion 3.12.270 of the Towns Municipal Code, referred to as “piggybacking” states:
(10)Without further contracting, solicitation, or formal bidding as described in this Chapter, the Town Council may authorize, or may authorize the Town Manager to allow, the Town's Finance Director or the Purchasing Agent to contract for the purchase of supplies, equipment or services with other governmental jurisdictions or public agencies who are making or have made the same such purchases through legal, competitively awarded contracts in effect at the time of the Town's entrance into that same contract (commonly referred to as "piggybacking").

Use of such direct cooperative purchases saves staff time in the procurement of equipment or goods by eliminating the public bidding process. Additionally, it lessens the Town’s expenses by the procurement of items at costs usually lower than those that would be expected through an individual public bid process. This decision will help to reduce overall funds spent on the project due to the increase in cost of living since originally awarded the grant.

In 2023, Sourcewell, a State of Minnesota local government unit and service cooperative, published an RFP for Sports Lighting Solutions and Related Technology, Equipment, and Services resulting in a contracting solution for use by its Participating Entities, which includes the Town of Apple Valley. Through this RFP process, Musco Sports Lighting, LLC was awarded a contract (#041123-MSL) with Sourcewell in June of 2023, expiring in June of 2027, with three additional one year extesions.

Upon approval from Town Council, staff will move forward with issuing a purchase order and procuring the sports field lighting. The current lead time for such lighting equipment is 10-14 weeks from time of purchase to delivery window. The Town will work to purchase the items as soon as possible to meet any deadlines the contractor has for installation at the park.

Staff recommend the approval of a purchase order with Musco Sports Lighting, LLC for the purchase of new sports field lighting, in an amount not to exceed $359,885.

FISCAL IMPACT:

The price proposal for the new sports lighting is $359,885, which does not include installation. Installation will be covered through the general contractor on the McConnell Park development project. The project has an approve budget of $8,668,133 in account

49100000-750100 and funded by the grant from Prop 68, transfers from Wastewater fund, and Measure I fund.

ATTACHMENTS:

A. Musco Sports Lighting Quote
B. Sourcewell Contract #041123-MSL
C. Sourcewell Contract #041123-MSL Price Information
D. CEQA-Notice of Exemption

©2013 Musco Sports Lighting, LLC Page 1 of 2
M-1551-enUS-3
Quote
Captain Joseph McConnell Jr. USAF Park Lighting Project Town of Apple Valley, California
Date: August 30, 2024- Rev 10-8-24
To: Chris Giannini – Verde Design Inc.

Cooperative Purchase Agreement
Sourcewell
Contract Number: 041123-MSL, Expiration: 06/16/2027
Category: Sports lighting with related supplies and services Musco Sports Lighting, LLC #041123-MSL:

Pricing for contract #041123-MSL is provided at 5% off list price for materials to Sourcewell participating agencies. Musco Sports Lighting, LLC is a custom designed, engineered to order lighting system.

Any pricing obtained from Musco Sports Lighting, LLC has the 5% discount for the materials applied.

Captain Joseph McConnell Jr. USAF Park- Baseball Field and Football Field Musco’s Lighting Equipment as described below and delivered to the job site:
➢ Baseball and Football Musco Lighting Equipment: $334,000.00 Estimated Sales Tax on Lighting Material only -7.75%: $25,885.00 Confirm Sales tax rate at the time of order. Pricing furnished is effective for 90 days unless otherwise noted and is kindly considered confidential.

Captain Joseph McConnel Jr. USAF Park Field Size Descriptions Baseball Field - Little League Field (200’, 200’, 200’ Radius) Football Field- (360’ x 160’ with soccer overlay 360’ x 195’) Equipment Description-Baseball Field - 200’ L, 200’ C, 200’ R. Football 360x160’ with soccer overlay • (8) Pre-cast concrete bases- A1, A2, B1, B2, F1, F2, F3, F4 • (4) 70’ Galvanized steel poles- F1, F2, F3, F4
• (4) 60’ Galvanized steel poles- A1, A2, B1, B2.
• (16) TLC LED 1500 Factory-aimed and assembled luminaries • (14) TLC LED 1200 Factory-aimed and assembled luminaries • (6) TLC LED 900 Factory-aimed and assembled luminaries • (12) TLC LED 575 BT Factory-aimed and assembled luminaries • (7) OSQ Security Light fixtures rear facing on all poles mounted at 24’. A1, A2, B2, F1, F2, F3, F4 On Field Performance – Control to benefit players, fans (1) Control and Monitoring Cabinets (CMC). (1x) 24” x 72” CMC. Control-Link® System for remote on/off control and performance monitoring with 24/7 customer support- Lighting Control Zones- per the electrical design. Zone 1- Football, Zone 2- Baseball, Zone 3- Future Soccer, Zone 4- Security Lighting baseball, Zone 5- Security Lighting football. See E0.3 Panel P.

Environmental Light Control – Control for neighbors and the environment Reduction of spill light and glare by 50% or more
See Musco Lighting Design dated February 9, 2024.

©2013 Musco Sports Lighting, LLC Page 2 of 2
M-1551-enUS-3
Quote
Always Ready to Play – Control assuring the results you expect Product assurance and warranty program that includes materials and onsite labor, eliminating 100% of your maintenance costs for 25 years.

Notes
Quote is based on:
• Shipment of entire project together to one location
• See Musco Structural Design dated January 2, 2024.
• Includes structural design services for the Musco Light poles. CBC 2022, mph 120. • Delivery to the job site will be 10-14 weeks after submittal approval, confirmation of order details, and coordination with any test and inspection agency assigned to the project.

Thank you for the opportunity to discuss Musco’s innovative lighting solutions; we are determined to provide you with the best value option for your facility. Please contact us if you have any questions.

Mike Higgins
Musco Sports Lighting, LLC
3002 Dow Ave, Suite #504
Tustin, CA 92780
Office: 800-659-0117x6121
Mobile: 714-614-0863

041123-MSL
Rev. 3/2022 1
Solicitation Number: RFP #041123

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Musco Sports Lighting, LLC, 100 1st Ave West, Oskaloosa, IA 52577 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Sports Lighting Solutions with Related Technology, Equipment, and Services from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

EXPIRATION DATE AND EXTENSION. This Contract expires June 16, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.

B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

041123-MSL
Rev. 3/2022 2

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

041123-MSL
Rev. 3/2022 3
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

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• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

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Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

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7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, in reference to Table 13, Question 68 of Supplier’s attached response, the negotiated DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

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administrative fee Supplier will pay to Sourcewell on all Equipment, Products, and Services provided to Participating Entities, is eight tenths of one percent (0.8%). The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

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C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

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promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate

6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

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Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

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Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

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the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

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Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

041123-MSL
Rev. 3/2022 17
records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

041123-MSL
Rev. 3/2022 18
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Musco Sports Lighting, LLC
By: __________________________ By: __________________________ Jeremy Schwartz James M. Hansen
Title: Chief Procurement Officer Title: Secretary
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 6/16/2023 | 2:10 PM CDT 6/23/2023 | 2:36 PM CDT
6/23/2023 | 2:44 PM CDT

RFP 041123 - Sports Lighting Solutions with Related Technology, Equipment, and Services
Vendor Details
Company Name: Musco Sports Lighting, LLC
Address:
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Contact: Amanda Hudnut
Email: [email protected]
Phone: 800-825-6030
Fax: 641-672-1996
HST#: 42-1511754
Submission Details
Created On: Tuesday February 21, 2023 07:22:41
Submitted On: Monday April 10, 2023 10:57:03
Submitted By: Jim Hansen
Email: [email protected]
Transaction #: 644e37be-1ebc-43b3-9b63-5a4fe7708b28
Submitter's IP Address: 216.248.100.66
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation).

Line
Item Question Response *
1 Proposer Legal Name (one legal entity only):
(In the event of award, will execute the
resulting contract as "Supplier")
Musco Sports Lighting, LLC
*
2 Identify all subsidiary entities of the Proposer
whose equipment, products, or services are
included in the Proposal.

None
*
3 Identify all applicable assumed names or DBA
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.

None
*
4 Provide your CAGE code or Unique Entity
Identifier (SAM):

CAGE/NCAGE # OA9T7
SAM # WJHFQRT17GC5
*
5 Proposer Physical Address: 100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
*
6 Proposer website address (or addresses): www.musco.com * 7 Proposer's Authorized Representative (name,
title, address, email address & phone) (The
representative must have authority to sign
the “Proposer’s Assurance of Compliance” on
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):

James M. Hansen
Secretary
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: [email protected]
*
8 Proposer's primary contact for this proposal
(name, title, address, email address & phone):

Taylor Knoot
Cooperative Contract Specialist
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: [email protected]
*
9 Proposer's other contacts for this proposal, if
any (name, title, address, email address &
phone):

Chris Hailey
Market Development Manager
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: [email protected]
Table 2: Company Information and Financial Strength
Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

10 Provide a brief history of your company,
including your company’s core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.

Since 1976, Musco Sports Lighting has specialized in the design of and manufacture of sports and transportation/infrastructure lighting solutions around the world. Musco’s mission has been to provide sports field and transportation/infrastructure lighting solutions for public and private entities throughout the United States of America and internationally.

Built on a foundation of responsibility to the needs of everything being impacted, Musco’s solutions have illuminated everything from neighborhood ballfields; to major stadiums and arenas; to airports, rail yards, industrial sites, container terminals, and ports; to iconic landmarks and the Olympic Games.

Musco has been the industry leader in developing lighting solutions that provide high quality on field performance and environmental sensitivity to the surrounding area.

Energy efficiency, spill and glare control, and field management solutions have been our staple for success in the industry.

Throughout the history of Musco, we have had the pleasure of being the recipient of an Academy Award®, Emmy® Award and the Paul Waterbury Award for Excellence for Outdoor Lighting. Musco has also developed partnerships with organizations such as National Recreation & Park Association, Little League Baseball and Softball, Major League Baseball, the United States Soccer Foundation and The Honey Bear Project (HBCU), to name a few.

Musco has offices and manufacturing facilities in Oskaloosa, Muscatine and Urbandale, Iowa. We have a workforce of approximately 1,300 Team Members located in these facilities and regional sales offices conveniently located around the United States of America. In addition, we have approximately 200 Team Members located outside the United States of America supporting our manufacturing facilities in Shanghai, China and Gumi, South Korea and multiple sales offices globally.

Musco Sports Lighting, LLC has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factorytrained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training. Proactive nightly testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored.

Along with our Lighting Services and Control-Link Central™ Teams, we have a fully staffed group of internal experts including but not limited to Sales Representatives, Regional Sales Associates, Service Representatives, Part Representatives, Project Coordinators, Schedulers, and Engineers. We will ensure your project flows smoothly and you get the results you expect.
*
11 What are your company’s expectations in the
event of an award?
Musco has been a Sourcewell awarded vendor for going on 9 years. We look forward to continuing the growth and educating eligible members, current members and our Musco Sales Team Members on the benefits of Sourcewell. *
12 Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.

Upload supporting documents (as applicable)
in the document upload section of your
response.

Please see uploaded letter from Wells Fargo Bank, N.A. & Travelers Casualty and Surety Company of America. Also included is a copy of our current insurance certificate.
*
13 What is your US market share for the
solutions that you are proposing?
Musco’s sports lighting systems & solutions make up approximately 80% of the US market share.
*
14 What is your Canadian market share for the
solutions that you are proposing?
Musco’s sports lighting systems & solutions make up approximately 50% of the Canadian market share.
*
15 Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.

Musco Sports Lighting, LLC has not been the subject to any voluntary or involuntary bankruptcy, insolvency or receivership proceedings.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

16 How is your organization best described: is
it a manufacturer, a distributor/dealer/reseller,
or a service provider?  Answer whichever
question (either a) or b) just below) best
applies to your organization.
a)    If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b)    If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
Musco Sports Lighting, LLC is a manufacturer of sports and transportation/infrastructure lighting solutions. Musco has a sales force of over 100 dedicated Team Members throughout the United States & Canada. Musco has sales offices conveniently located around the United States of America. These Team Members are employed by Musco.
*
17 If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.

Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. We comply with applicable federal, state, local and industry laws for each purchasing customer. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co. Please reference the uploaded Musco Contractor License information.

As a General Contractor, Musco selects and contracts with local subcontractor organizations that meet our quality standards and can fulfill our time constraints to perform the type of work outlined in this RFP. Musco does obtain license verification and insurance certificate for all subcontractors who work with us. *
18 Provide all “Suspension or Debarment”
information that has applied to your
organization during the past ten years.

Musco Sports Lighting, LLC has not been the subject of any suspension or disbarments. *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

Table 3: Industry Recognition & Marketplace Success
Line
Item Question Response *
19 Describe any relevant industry awards or
recognition that your company has received
in the past five years
During Musco’s 46 years in the sports lighting industry, Musco & our Team Members have received quite a few awards and recognitions. Below is a listing of several recent awards & recognitions along with our more notable ones from years past.

American Marketing Association Iowa Nova Award for Public Relations Best of Category for Field of Dreams with MLB (2022)
Eric O’Brien Commercial Award (Mike Berry, MA) from The New England Park Association (2021)
NIAAA Distinguished Service to Athletic Administration (Dina Neeley, NC) from the North Carolina Athletic Directors Association (2018)
David Lose Partnership Award (Curt Mickey, KY) from the Kentucky Recreation and Park Society (2018)
Emmy® Award from the Academy of Television Arts & Sciences® for lighting ESPN’s telecast for the Winter X-Games (2012)
Paul Waterbury Award of Excellence for Outdoor lighting from the Illuminating Engineering Society for the innovative lighting design at Charlotte Motor Speedway (1993)
Scientific and Engineering Award from the Academy of Motion Picture of Arts and Services® (1985)
Emmy® Award from the Academy of Television Arts & Sciences® for lighting NCAA football telecasts (1982)
*
20 What percentage of your sales are to the
governmental sector in the past three years
Approximately 41% of Musco’s current national sales are to the government sector. * 21 What percentage of your sales are to the
education sector in the past three years
Approximately 52% of Musco’s current national sales are to the education sector. * 22 List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
Musco is an awarded vendor on several national and regional cooperative purchasing contracts. Please see the uploaded document titled “Musco Cooperative Information” for a summary of the cooperative and approximate sales for 2020, 2021, and 2022.
*
23 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Musco Sports Lighting, LLC currently does not hold any GSA contracts. *
Table 4: References/Testimonials
Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities.

Entity Name * Contact Name * Phone Number *
Fairfax County Park Authority Paul Shirey 703-324-8738 * Denver Public Schools Josh Griesbach 720-423-1913 *
University of Iowa Laura Hawks 319-467-1626 *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

Table 5: Top Five Government or Education Customers
Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.

Entity Name Entity Type * State /
Province * Scope of Work * Size of Transactions * Dollar Volume Past ThreeYears * Education Education Florida - FL Materials & install Approx. $500K Approx. $10.8M * Education Education Arizona - AZ Materials Approx. $750K Approx. $6.8M * Government Government Florida - FL Materials & install Approx. $1.7M Approx. $6.7M * Government Government Texas - TX Materials & install Approx. $900K Approx. $6.3M * Education Education Texas - TX Materials & install Approx. $400K Approx. $5.9M * Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.

Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.

Line
Item Question Response *
26 Sales force. Musco has a sales force of over 100 dedicated Sales Team Members throughout the United States & Canada. These Team Members are employed by Musco.

Musco has offices and manufacturing facilities in Oskaloosa, Muscatine and Urbandale, Iowa. We have a workforce of approximately 1,300 Team Members located in these facilities and regional sales offices conveniently located around the United States of America. In addition, we have approximately 200 Team Members located outside the United States of America supporting our manufacturing facilities in Shanghai, China and Gumi, South Korea and multiple sales offices globally. *
27 Dealer network or other distribution
methods.

Musco Sports Lighting, LLC has no agents or dealers authorized to represent the company. Musco’s custom designed, engineered to order lighting systems must be purchased directly from the company.
*
28 Service force. Musco has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training.

Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored.
*
29 Describe the ordering process. If orders
will be handled by distributors, dealers or
others, explain the respective roles of the
Proposer and others.

Orders will be handled by our Musco employed Sales Team. *
30 Describe in detail the process and
procedure of your customer service
program, if applicable.  Include your
response-time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.

Musco has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training.

Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored.

Musco’s Warranty Department will make arrangements with the specified project contact to identify & rectify the situation in an appropriate time frame. If needed, Musco has the ability to hire a local electrical contractor to perform any immediate warranty needs.

Musco will provide all materials and labor to maintain operation of its lighting system to original design criteria during the warranty period up to 25 years (depending on product). Musco products are guaranteed to perform for the as detailed in our warranty documents.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

31 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.

Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. Musco will be able to fully serve all geographic areas through the proposed contract. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co.
*
32 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.

Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. Musco will be able to fully serve all geographic areas through the proposed contract. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co.
*
33 Identify any geographic areas of the United
States or Canada that you will NOT be
fully serving through the proposed contract.

Musco Sports Lighting, LLC will be able to fully serve all Sourcewell Members throughout the United States and Canada. *
34 Identify any Sourcewell participating entity
sectors (i.e., government, education, not-forprofit) that you will NOT be fully serving through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
Musco Sports Lighting, LLC will be able to fully serve all Sourcewell Members through the proposed contract.
*
35 Define any specific contract requirements
or restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.

Musco has no specific requirements or restrictions which apply to Sourcewell Members located off shores. *
Table 7: Marketing Plan
Line
Item Question Response *
36 Describe your marketing strategy for
promoting this contract opportunity.

Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.

Musco Sports Lighting, LLC has several brochures available to market our product to Sourcewell Members. A sampling of what we can supply is listed below, included in our catalog and attached.
•    World Class Leaders
•    We Make it Happen
•    Always Ready to Play brochure
•    Total Light Control – TLC for LED™ brochure
•    Retrofit Lighting Solutions brochure
•    Musco Control Solutions
Musco Sports Lighting, LLC markets our products through tradeshows, conventions, direct mail and advertising. Musco does targeted, personalized marketing promotions to specific customer groups and would be able to provide information on Sourcewell as appropriate in those promotions.
*
37 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.

Musco regularly provides updates about our Team, product, services and projects via our web site & social media accounts (Twitter, Facebook, Instagram, YouTube & LinkedIn). In addition, our Sales Team each have Twitter and/or LinkedIn that they post updates to on a regular basis.
*
38 In your view, what is Sourcewell’s role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
Musco anticipates that Sourcewell would promote Musco’s solutions and services via their web site, social media, tradeshows and publications.

Our USA & Canada Sales Team will promote Sourcewell by informing qualified customers of this available resource for their use in purchasing Musco’s solutions. *
39 Are your products or services
available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.

Due to Musco’s custom designed, engineered to order lighting systems, our products and services are not available through any e-procurement ordering process. *
Table 8: Value-Added Attributes
Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

40 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.

Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.

Musco includes training with the purchase of our solutions.

During the sales process, Musco’s Sales Team will provide education on sports lighting, Musco’s products and services as well as applicable governing bodies standards.

Once installation of the Musco lighting system is completed, Musco’s Sales Team and/or Project Manager will complete an overview of the lighting system and complete final light level evaluations. They will then assist in arranging a more in-depth training with our ControlLink Central™ Team.

Musco’s Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training. *
41 Describe any technological
advances that your proposed
products or services offer.

At Musco, our approach is more than just selling and installing poles and fixtures. We are in the business of selling the right amount light, on and off the facility, for the least amount of cost over the life of the warranty. We work closely with the owner and their consultants to gain a full understanding of the facility, its use and surroundings.

Musco’s Light-Structure System™ has delivered long-term performance for thousands of customers around the world. Lights, structures, and electrical components are engineered to work together. This assures the designed lighting gets in the place and stays there over the life of the system, while also maintaining and protecting the operating environment so the components continue to function. We have included features like easy to reach remote drivers, integrated grounding, and surge protection to ensure the longevity of the LED’s sensitive electronic components.

For over a decade, the Musco Team has been testing the LED light source and applying it on projects where it was the best choice. We have researched LED’s distinctive challenges and advantages and applied our knowledge of light control to the unique characteristics of the diode, assuring the quality of lighting for which Musco is known.  We have paired our expertise in controlling light with the advancing output of LED to the point that we are confident it’s a cost-effective option to consider for recreational facilities. Musco creates controlled light, not floodlights.

LED brings many benefits and new opportunities, but it’s a tool, not a solution. Controlling LED’s intense light is challenging. But with Total Light Control – TLC for LED®, we are able to achieve things never before possible – from pinpoint precision to instant on/off, to varying light levels for different needs and sport presentation theatrics (choreographed light & music shows). With the ever-evolving sports and recreation landscape Musco continues to push boundaries in the marketplace.

The key issue in sports lighting haven’t changed: generating light, projecting it onto the target, keeping it out of the neighborhood and night sky, and creating an operating environment that allows it to last in real world conditions. Musco is able to carve out the area to be lighted and dramatically cut off any impact on the surrounding area. We use more of the light produced by the fixture, lose less light, and don’t abuse the neighborhood.

With cities and recreational needs growing faster than ever, it’s critical to maximize the available resources and make solid decisions about managing and expanding facilities. The Control-Link® System is a reliable, cost-effective control system that helps control, monitor, and manage recreation facility lighting. It can control existing lighting systems and other electrically operated equipment. Whether for new lighting systems or to upgrade existing lights, the Control-Link® system includes our Control-Link Central™ team, the on-site ControlLink® equipment, and an industry-leading warranty. Our exclusive Control-Link Central™ team is staffed 24/7 to assist with your scheduling and reporting needs.

Musco’s Light-Structure System™ with Total Light Control – TLC for LED® is backed by an industry-leading 25-year warranty. Musco’s Constant 25™ Product Assurance & Warranty program covers all materials and labor to maintain operation of its lighting system to original design criteria for 25 years.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

42 Describe any “green” initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.

Musco is committed to excellence and leadership in the protection of the environment, and the implementation of sustainable guidelines. We minimize the emissions to air, water, and land through programs to reduce pollution at its source and will conserve energy through the use of energy efficient lighting systems.

Product:
•    Musco’s Green Generation Lighting® (HID) and TLC for LED® technology are 30 to 80 percent more energy efficient than traditional lighting equipment. •    Customized optics direct light onto the desired surface, reducing wasted light into the surrounding area.
•    Control-Link® system provides remote on/off control, allowing customers to schedule our light systems to help maximize energy efficiency.
•    Eases pollution by eliminating or reducing the use of hazardous substances and reducing greenhouse gas emissions.

Manufacturing:
•    On-site waste management includes recycling manufacturing scrap materials, wooden skids, paper and other packaging materials.
•    Packaging of our Light-Structure System™ contains between 30 to 50 percent recycled material.
•    Reusable packaging is used to move components from original fabrication through the complete manufacturing process.
•    During the spot maintenance and complete system lamping provided by Musco, all HID lamps are recycled to salvage both the mercury and glass. •    Reuse water during the manufacturing process and conserve water when possible.

Office:
•    Electronic components that are not re-usable due to equipment failure or are below minimum requirements are recycled through and E-Waste Facility. •    Use geothermal heating and air conditioning to minimize energy consumption. •    Our facilities have automatic toilets and faucets to minimize water usage. *
43 Identify any third-party issued ecolabels, ratings or certifications that your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life-cycle design
(cradle-to-cradle), or other
green/sustainability factors.

Musco currently does not hold any third-party issued eco-labels, ratings or certifications for our products. With sports lighting being a small piece of the U.S. lighting marketplace, categories just don’t exist for this type of product. Musco has been the industry leader in developing lighting solutions that provides high quality on field performance and environmental sensitivity to the surrounding area. Energy efficiency, spill and glare control, and field management solutions have been our staple for success in the industry. *
44 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.

Musco Sports Lighting, LLC is not a Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business.
*
45 What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it applies to
Sourcewell participating entities?
Musco Sports Lighting provides a custom designed, engineered to order lighting systems, from foundation to pole top that operates as a complete system. The lighting system comes with our Constant 25™ or Constant 10™ Product Assurance & Warranty Program. Musco’s Constant 25™ or Constant 10™ not only covers your product for 25 or 10 years, it guarantees that your light levels will not drop below the designed performance for the warranty period. Musco also includes our Control-Link® system that provides the customer assurance their system will be maintained by Musco for the warrantied period.

At Musco, our approach is more than just selling and installing poles and fixtures. We are in the business of selling the right amount light, on and off the facility, for the least amount of cost over the life of the warranty. We work closely with the owner and their consultants to gain a full understanding of the facility, its use and surroundings. *
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.

Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

46 Do your warranties cover all products, parts, and
labor?
Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of its lighting system to original design criteria for 25 or 10 years.

Musco products are guaranteed to perform for the customer as detailed in the Musco Constant 25™ or Musco Constant 10™ documents. Musco shall monitor the performance of the lighting system on/off status, hours of usage, and luminaire outage. If outages that affect playability are detected, Musco will contact you and proactively dispatch technicians.

To assist with the determination of repairs, Musco will utilize the field monitoring system and any information provided by the customer to determine when the usage of the field is materially impacted. From this information, Musco will determine needed repair and/or replacement of Covered Product(s) and parts. Repair will be with Product(s) of like kind and quality.

The only requirement Musco has is the customer agrees to check fuses and to replace fuses as needed. Musco provides spare fuses in the lowest alphanumeric enclosure, which is located 10-12 feet above grade and is reachable by a ladder. Musco will replenish spare fuses as needed.

Under the Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program, Musco pays any upfront cost for shipping cost, installation cost, and any associated rental equipment cost & disposal cost for the replaced equipment.

Musco has a team of 170+ Team Members to ensure fulfillment of our product and services warranty and maintains financial reserves dedicated to support our warranty.

Please check out this YouTube video showcasing our Support Services and Warranty. https://www.youtube.com/watch?v=oxH00ofzSJA.  This link is also included on the uploaded “Musco Solutions and Testimonial videos” document that has been uploaded.
*
47 Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
There is no hour usage restriction for our Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program, but we do ask for expected usage hours to meet design criteria of the project. *
48 Do your warranties cover the expense of
technicians’ travel time and mileage to perform
warranty repairs?
Yes, the Musco Constant 25™ and Musco Constant 10™ Product Assurance & Warranty Program covers the technicians travel time and mileage to perform any warranty repairs.
*
49 Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs?  How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
Musco will be able to cover all geographic regions of the United States & Canada with our Lighting Services Team that is comprised of 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems.

Musco’s Warranty Department will make arrangements with the specified project contact to identify & rectify the situation in an appropriate time frame. If needed, Musco has the ability to hire a local electrical contractor to perform any immediate warranty needs.

Our Control-Link Central™ service center is staffed 24/7/365 with Musco employed trained operators (Team Members) who provide scheduling and report assistance, along with one-on-one phone/video training. Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored. As we have heard several of our customers say, “Musco often is calling me to schedule a repair before I even know I had a problem.”
*
50 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
Yes, items included in the scope of Musco sports lighting design, Musco will cover warranty service for those items. *
51 What are your proposed exchange and return
programs and policies?
Due to Musco’s lighting solutions being custom designed, engineered to order we do not have an exchange and return program. Any defective on arrival product or repairs are covered by Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program.
*
52 Describe any service contract options for the
items included in your proposal.

Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of its lighting system to original design criteria for 25 or 10 years.

Musco products are guaranteed to perform for the customer as detailed in the Musco Constant 25™ or Musco Constant 10™ documents. Under the Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

Table 10: Payment Terms and Financing Options
Line
Item Question Response *
53 Describe your payment terms and accepted payment
methods.

Musco’s payment terms are Net 30. Payments not paid when due are subject to a carrying charge for each month past due or will be pro-rated for the portion of the month there is an unpaid balance.

Carrying charges shall accrue in the amount of one- and one-half percent (1½%) per month of any overdue unpaid balance, or the maximum rate permitted by law, whichever is less.
*
54 Describe any leasing or financing options available for use by educational or governmental entities.

Musco Finance™ was established in 2006, it provides competitive financing solutions that enable customers to realize the benefits of Musco products and services. Hundreds of customers have used these solutions to complete their lighting projects. Musco Finance™ has provided budget-accommodating financing for governmental, commercial, and not-for-profit entities throughout the United States of America.

The municipal lease-purchase program, offered by Musco Finance™ provides the funding opportunity many public entities need for facility improvements such as sports lighting. The program provides a flexible, cost-effective means of funding essential renovations and, in many areas, may eliminate much of the time and expense
associated with selling bonds for a project. A know set expense can be budgeted annually, freeing you from budget uncertainties and lowering cash flow impact.
*
55 Describe any standard transaction documents that you propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.

Due to Musco’s custom designed, engineered to order solutions our documents are tailored to the project and customer needs. Please see attached sample quote and invoice. *
56 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell participating entities for using this process?
Musco Sports Lighting, LLC currently does not accept P-card procurement cards. *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.

Line
Item Question Response *
57 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.

Upload your pricing materials (if applicable) in the
document upload section of your response.

Musco Sports Lighting provides a custom designed, engineered to order lighting system, pricing is based per the RFP. This price list should not be considered complete and exhaustive due to the nature of each project being a unique, custom design build situation. Extreme spill and glare concerns, pole locations, and wind zone variance may affect price. RFP quoted pricing is for the most common field designs based on structural code and utilizing IBC 2018, 110 mph, Exposure C.

Installations services are available on a per project basis dependent upon Musco’s compliance with state and local licensing
requirements. Labor and materials for the complete installation, including foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index.
*
58 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.

The percentage discount from list prices for materials offered under this RFP is 5%. The attached price list already takes into account the 5% discount for the materials.
*
59 Describe any quantity or volume discounts or rebate
programs that you offer.

As Musco is a custom designed, engineered to order lighting system, there is no quantity or volume discounts available. *
60 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open
market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a
percentage,” or you may supply a quote for each such
request.

Musco Sports Lighting, LLC will work with the Sourcewell member regarding pricing and delivery of any open market, sourced and/or non-standard options which would be desired by the Sourcewell member. Musco and the Sourcewell member will agree upon a desired outcome and reflect this in the customer quote for use in issuing a purchase order.
*
61 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response.

This includes all additional charges associated with a
purchase that are not directly identified as freight or shipping charges. For example, list costs for items like predelivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.

As Musco is a custom designed, engineered to order lighting system, pricing is based per the RFP. The pricing can also include equipment installation. Labor and materials for the complete installation include, foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index. If the construction project requires, Musco offers pre-shipment of the precast concrete bases. The additional cost for the pre-shipment of the precast concrete bases will vary depending on the location of the lighting project.
*
62 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.

Musco’s pricing includes delivery within the State of Minnesota to the job site and are for lighting systems materials only. Additional freight cost may be incurred outside the State of Minnesota. *
63 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.

Musco has no specific requirements in regard to Alaska, Hawaii, Canada, or any offshore delivery. *
64 Describe any unique distribution and/or delivery methods or options offered in your proposal.

Musco Sports Lighting offers custom designed, engineered to order lighting systems. Products are directly purchased from the company as we have no agents or authorized dealers. When you purchase a Musco Solution, it is delivered from our dedicated transportation company with Musco Lighting signage on the trucks.
*
Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: * Comments 65 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.

Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

Table 13: Audit and Administrative Fee
Line
Item Question Response *
66 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.

A self-audit process is in place specifically intended to verify compliance of cooperative purchasing contracts.
•    Sales Administrator pulls monthly contract sales report for the cooperative purchasing contract and its associated fee for that time period.
•    Each contract project PO is checked and validated that it is an awarded contract purchase
•    Project awarded contract fee is validated as correct •    When validation complete, report sent to cooperative purchasing organization
•    As a checks & balance process, Cooperative Contract Specialist pulls a Method of Purchase by type report on a quarterly basis and a comparison is done with quarterly contract sales reports to ensure totals for an awarded
contract matches on both reports
•    Invoice documents for projects of a contract member are available for review upon request
*
67 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract.

On a monthly basis, Musco is looking at the total number of projects sold & and how they breakdown by method of
purchase (bid, competitive negotiation, cooperative purchase & direct purchase). Several times during the year, we break down the method of purchase by each cooperative purchase contract. These numbers are compared to the previous
timeframes and evaluated.
*
68 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract.  This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.)
Musco Sports Lighting, LLC proposes a 0.75%
administrative fee calculated as a percentage of the
customer contract sales price.
*
Table 14A: Depth and Breadth of Offered Equipment Products and Services Line
Item Question Response *
69 Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.

Light-Structure System™ lighting with Total Light Control – TLC for LED™ technology is for new outdoor lighting applications. It is engineered as a 5 Easy Pieces™ complete system from foundation to poletop designed to a customer’s needs. Lights, structures, and electrical components are engineered to work together.

This ensures the designed lighting gets in place and stays there over the life of the system, while also maintaining and protecting the operation environment so the components continue to function. We’ve included features like factory aimed luminaires, easy to reach remote drivers, integrated grounding, and surge protection to ensure the longevity of the lighting system. Musco’s Light-Structure System™ is engineered as a complete system including the precast concrete base, galvanized steel pole, electrical components enclosure, wire harness and poletop luminaire assembly. This allows for installation ease and reduced time and expense. Musco’s TLC for LED® luminaire is available in several wattage, Kelvin & CRI combinations to meet custom project requirements. Multiple light control visor options are available to allow for precise light control therefore dramatically reducing glare and spill. Our unique heat sink has convective air-cooling design that maintains a low LED junction temperature during high wattage operation. This system includes our Control-Link® control system for remote operation and is covered by Musco’s Constant 25™ product assurance and warranty program.

SportsCluster® lighting system with Total Light Control – TLC for LED™ or Total Light Control – TLC for LED™ Retrofit System technology is for outdoor and indoor lighting applications. It is a modular photometric unit, factory aimed and tested, to interface with a customer’s existing structures, making an easy retrofit lighting solution. Musco’s TLC for LED® luminaire is available in several wattage, Kelvin & CRI combinations to meet custom project requirements. Multiple light control visor options are available to allow for precise light control therefore dramatically reducing glare and spill. Our unique heat sink has convective air-cooling design that maintains a low LED junction temperature during high wattage operation. This system includes our Control-Link® control system for remote operation and is covered by Musco’s Constant 10™ product assurance and warranty program, Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

contingent upon Musco’s inspection and approval of existing structure and electrical wiring.

Control-Link® control and monitoring system offers efficient, cost-effective tools that are both cutting-edge and simple to use. Musco will have your back 24/7/365 to ensure your lights are only on when needed, keeping neighbors and taxpayers happy. Because more than anything, it’s about peace of mind. The Control-Link® system provides comprehensive scheduling assistance, system monitoring, secure password-protected access, automated equipment controls, and valuable usage data.

Show-Light® entertainment services provide a cost-effective way for you to bring professional light shows to your facility. From pre-game introductions to halftime shows, to celebrating big plays and big wins, this special effect lighting will energize players and fans and take your game atmosphere to a new level. Special effects light shows aren’t just for the pros anymore. Musco’s Show-Light® technology utilizes instant on/off and the advanced control capabilities of LED, is easy to use, and delivers both predesigned and customized light shows. Show-Light® entertainment services can also tap into advanced customization capabilities and more complex light shows that incorporate music along with the special effects lighting. Musco is not responsible for obtaining rights to or any cost associated with music licenses.

Mini-Pitch System™ modular sports solution has an innovative, all-in-one design to help communities create fun and active play spaces by revitalizing public areas.

Created to assist the U.S. Soccer Foundation in providing safer places to play the game, the Mini-Pitch System™ solution is ideal for transforming abandoned courts and other underutilized areas into places where children and families can come together in the spirt of teamwork, empowerment, and physical activity. It comes as a modular system complete with lighting, fencing, goals, benches, ADA-compliant access, and lockable storage.

MuscoVision® video system is a complete automated sports broadcasting solution that includes camera equipment, networking, streaming services, broadcast production, and distribution for watching various sporting events on a variety of platforms. It includes automated camera switching and game tracking for an enhanced broadcast experience. Also, it includes active game detection for ease of scheduling utilizing the same toolset used to schedule lighting. The customer must provide their own internet connection, install our MuscoVision® video system equipment, and set a broadcast schedule in Musco’s Control-Link® control system.

Musco does the rest!
Musco will provide all materials and labor to maintain operation of its lighting system to original design criteria of the warranty period up to 25 years (depending on product). Musco products are guaranteed to perform for the as detailed in our warranty documents.

Installation services are available on a per-project basis dependent upon Musco’s compliance with state and local licensing requirements. Labor and materials for the complete installation, including but not limited to foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index.
*
70 Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.

The scope of work of the RFP covers Musco products and services. Musco has no additional subcategories to suggest.

Below is a list of keywords that best describe Musco’s product and services. sports lighting, lighting, Musco, Musco Lighting, LED, lamp, football lighting, baseball lighting, field lighting, LED lighting, fixtures, flood lighting, flood light, parking lighting, softball lighting, light poles, light pole, soccer lighting, tennis lighting, aviation lighting, port lighting, temporary lighting, basketball lighting, arena lighting, apron lighting, rail lighting, automated broadcasting, light show, futsal, MUGA, camera, video, AV, entertainment, DMX
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.

Line
Item Category or Type Offered * Comments
71 Indoor, outdoor, fixed, or portable sports
related lighting solutions;
Yes
No
Musco Sports Lighting, LLC is offering indoor, outdoor, fixed, or portable sports related lighting solutions within our proposal.
*
72 Technology integration, retrofit solutions,
software, design, project management,
installation services, and maintenance related
to the purchase of equipment and products
described in Line 71 above.

Yes
No
Musco Sports Lighting, LLC is offering technology
integration, retrofit solutions, software, design, project management, installation services, and maintenance related to the purchase of equipment and products described in
Line 71 above within our proposal.
*
Table 15: Industry Specific Questions
Line
Item Question Response *
73 Describe your process for evaluating on-field and offsite glare for your sports lighting products, both preinstallation and post-installation.On-field – Musco’s goal is to have no more than 500 candela at the home plate location while looking at the outfield poles. Similarly, our outfield positions will have no more than 500 candela while looking at the infield poles.

Off-site – Musco strives to achieve candela equal to or less than 7,500 candela at 150’ perimeter around the field. Candela is measured at 5’ above grade at 150’ perimeter.
*
74 Describe the average life span of your sports lighting system.

In 2005, Musco started our Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Programs (coverage depends on the lighting system and the original design criteria). Musco has several lighting systems that are over 35 years old that are still in operation today.

Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

75 Discuss your proposed product line
in terms of sustainability and
recycling.

Musco is committed to excellence and leadership in the protection of the environment, and the implementation of sustainable guidelines. The reduction of waste and emissions, to an absolute minimum, is our policy.  We will minimize the emissions to air, water, and land through programs to reduce pollution prevention at its source and will conserve energy through the use of our energy efficient lighting systems. Musco will work closely with suppliers and licensees who are positioned to deliver outstanding value, and who share our vision of placing high priority on environmental, social and ethical issues when procuring products and services. In the process, we will achieve costs savings, enhanced energy efficiency, improved quality, and a healthy workplace for our team members.

To accomplish this program, the following guidelines are established:

Recycle
•    Musco is committed to identifying and implementing pollution prevention opportunities by communicating sustainable practices, and encouraging involvement, to all team members.
•    Musco utilizes a nationwide recycling program. During the spot maintenance and complete system relamping, all the lamps are recycled through a recycling service where both the mercury and glass are salvaged. Musco developed reusable packaging that is used to move its reflectors from original fabrication through the complete manufacturing process.
•    Musco aims to reduce, reuse and recycle whenever possible from the production process to the customer. Musco’s on-site waste management includes recycling plant scrap, and wooden skids, along with paper and packaging materials. Packaging product utilized with Musco’s Light-Structure System™ contains between 30 to 50 percent recycled material, depending on the type of packaging.
•    Electronic components that are not re-usable due to equipment failure, or are below minimum requirements, are recycled through an EWaste Facility, including: laptops, desktops, servers, network devices, computer screens, televisions, keyboard, computer mouse, and printers.

Conserve
•    Musco reuses water during the manufacturing process and conserves water when applicable. We utilize geothermal heating and air conditioning, which minimizes electricity consumption. Our operations also have automatic toilets and faucets to maximize water usage. •    Musco conserves energy and reduces light pollution through our permanent and temporary LED light sources that are 30 to 80 percent more energy efficient than traditional lighting equipment. •    Musco’s Control-Link® system provides instant light automation, allowing customers to schedule our light systems that help maximize energy efficiency.
•    Preventing pollution by eliminating or reducing the use of hazardous substances, and reducing greenhouse gas emissions, is a first priority. •    Technologies or methods which utilize non-hazardous materials and source reduction approaches will be given top priority in addressing all environmental issues.
•    Musco demonstrates corporate citizenship by following all federal, state, and international environmental regulations.
•    We promote cooperation between industry, government and the public for the shared goal of pollution prevention at the source, as well as continuing sustainable practices throughout all of our operations worldwide.
•    As part of our commitment towards social responsibility, we will create job opportunities and training for the local workforce. •    Our team strives to create responsible sustainability standards that translate into generating a positive and lasting change in every community that we encounter.

In addition to the above, Musco’s LED fixtures are RoHS compliant.

RoHS is a European Union Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment.

Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Musco Sourcewell 041123 Pricing September 2022.pdf - Wednesday March 15, 2023 15:12:16 Financial Strength and Stability - Financial Strength and Stability.zip - Wednesday March 15, 2023 15:12:27 Marketing Plan/Samples - Marketing Plan Samples.zip - Wednesday March 15, 2023 15:12:40 WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - Warranty.zip - Wednesday March 15, 2023 15:13:04 Standard Transaction Document Samples - Document Samples.zip - Wednesday March 15, 2023 15:13:17 Upload Additional Document - Company and Product Information.zip - Wednesday March 15, 2023 15:13:42 Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

Addenda, Terms and Conditions

PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:

1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.

2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.

3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.

4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired.

5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.

6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.

7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.

8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.

9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.

10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.

11. Proposer its employees, agents, and subcontractors are not:

1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;

2. Included on the government-wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or

3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.

By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - James Hansen, Secretary, Musco Sports Lighting, LLC The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.

Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.

Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.

File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum_1_Sports_Lighting_RFP_041123
Mon April 3 2023 04:23 PM
1 Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

Musco Sports Lighting, LLC #041123-MSL
Pricing for contract #041123-MSL is provided at 5% off list price for materials to Sourcewell participating agencies.

Musco Sports Lighting, LLC is a custom designed, engineered to order lighting system. Any pricing obtained from Musco Sports Lighting, LLC already has the 5% discount for the materials applied.