Res No 137-24-16242RESOLUTION NO. 137-24-16242
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF TIlE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING THE PURCHASE OF NEW LED
SPORTS LIGHTING AND RELATED INSTALLATION
SERVICES FOR PALMER PARK FROM MUSCO SPORTS
LIGHTING, LLC IN THE AMOUNT OF 5605,000,
TOGETHER WITH A 550,000 CONTINGENCY, FOR A
TOTAL AMOUNT NOT TO EXCEED 5655,000 UTILIZING
THE TERMS AND CONDITIONS OF COMPETITIVELY
BID SOURCEWELL CONTRACT NO. 041123-MSL;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE AN AGREEMENT WITH THE
CONTRACTOR RELATING TO THE SAME; PROVIDING
FOR AUTHORIZATION TO EXPEND FUNDS; PROVIDING
FOR IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City") desires to purchase new LED sports
lighting and related installation selVices (the "Lighting Purchase") to retrofit and upgrade the
current sport field lights at Palmer Park, which are currently utilizing metal halide lamps that need
to be replaced eve!)' 12 to 16 months; and
WHEREAS, the proposed Lighting Purchase for Palmer Park \\~11 result in a significantly
more energy-efficient and luminous sports lighting system with a longer lifespan, reducing
replacenlent and maintenance costs; and
WHEREAS, pursuant to Article III, Section 5 of the City Charter, and the City's
Purchasing Policy adopted by ordinance as part of the 2023/2024 FY Budget, the City's bidding
process may be conducted by making purchases through other governmental agencies that have
followed competitive bidding procedures similar to the City's adopted procedures; and
WHEREAS, the Lighting Purchase contemplated by the City has been competitively bid
by Sourcewell, a service cooperative created by the Minnesota legislature as a local unit of
government, pursuant to Request for Proposals No. 041123, which resulted in Sourcewell Contract
No. 041123-MSL (the "Sourcewell ContractU) with Musco Sports Lighting, LLC
(the "ContractorU
), based on competitive bidding procedures similar to the City's adopted
procedures; and
WHEREAS, the Contractor has pro"ided the City "~th a quote, attached hereto as
Exhibit "A" (the "Quote"), for the Lighting Purchase in the anlount of$605,000 based on the terms
and conditions of the Sourcewell Contract; and
WHEREAS, the City Commission desires to approve the Lighting Purchase from the
Contractor and authorize the City Manager to negotiate and execute an agreement, in substantially
the form attached hereto as Exhibit "8" (the "Agreement"), with the Contractor for the Lighting
Res. No. 137-24-16242
Purchase in the amount of $605,000, together with a $50,000 contingency, for a total amount not
to exceed $655,000, consistent with the terms and conditions of the Sourcewell Contract and the
Quote attached hereto as Exhibit "A"; and
WHEREAS, the cost of the Lighting Purchase will be charged to American Rescue Plan
Act (ARPA) Account No. 121-2000-572-6550 and the cost of the contingency for the Lighting
Purchase will be charged to Parks Facilities Impact Fee Fund Account No. 117-2000-572-6440,
which has a current fund balance of $577,118, or such other funding source(s) as determined by
the City Manager to be in the best interest of the City for the Lighting Purchase and the contingency
for the Lighting Purchase; and
WHEREAS, the City Cotnnlission finds that this Resolution is in the best interest and
welfare of the City.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Ap.,roval of Lighting Pllrchase; Authorization to Negotiate and
Execute Agl"eement. The City hereby approves the Lighting Purchase from the Contractor and
awards the Contractor the Agreement in substantially the form attached hereto as Exhibit "B"
based on the Sourcewell Contract and the Quote attached hereto as Exhi bit "A. " The City Manager
is authorized to negotiate and execute the Agreement, in substantially the form attached hereto as
Exhibit "B," with the Contractor for the Lighting Purchase in the amount of $605~000, together
with a $50,000 contingency, for a total amount not to exceed $655,000, subject to the approval of
the City Attorney and City Manager as to form, content, and legal sufficiency.
Section 3. Authorization to Expend Funds. The City Manager is hereby authorized
to expend funds for the Lighting Purchase in the amount of $605,000, together with a $50,000
contingency for the Lighting PW'chase, for a tot81 amount not to exceed $655,000. The cost of the
Lighting Purchase and contingency will be charged to American Rescue Plan Act (ARPA)
Account No. 121-2000-572-6550 and the cost of the contingency for the Lighting Purchase will
be charged to Parks Facilities Impact Fee Fund Account No. 117-2000-572-6440, which has a
current fund balance of $577,118, or such other fWlding source(s) as determined by the City
Manager to be in the best interest of the City.
Section 4. Implementation. That the City Manager is authorized to take any and all
actions necessary to implement the Lighting Purchase, the Agreement, and the purposes of this
Resolution.
Section S. Corl'ections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 6. Effective Date. This Resolution shall become effective immediately upon
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Res . No . 137-24-16242
adoption.
PASSED AND ADOPTED this 3,d day of September, 2024 .
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
APPROVED :
COMM ISSION VOTE :
Mayor Fernandez :
Vice Mayor Bonich :
Com mission er Calle:
5-0
Yea
Yea
Yea
Com mi ssioner Liebman : Yea
Commissioner Corey : Yea
Pogc 3 of3
Exhibit A
Retrofit LED Sports Lighting at Palmer Park
Sourcewell Contract #041123-MSL
Musco Sports Lighting, LLC
7
AGREEMENT BETWEEN
THE C ln' OF SOUTH MIAMI
AND
MUSCO SPORTS LlGHTlNG, LLC
THIS AGREEMENT (t hi s "Agreement") is made effective as o f th e / ~ day of
SEPTEMBER 2024 (the "Effective Date "), by and betwe en t he CITY OF SOUTH MIAMI'I
FLORIDA, a F lor id a muni ci p a l co rporati o n (t he "Cit y"), and MUSCO SPORTS LIGHTING,
LLC, an Iowa Limited Li ab i lity Co mpany, registered and authori zed to do bu s in ess in th e S tat e o f
Fi ord. (th e "Con tr actor"). Co lle c ti ve ly, th e Ci ty and the Co ntra cto r are referrecl to a s th e '·Pani es."
WHEREAS, th e C it y d es ires to purc ha se new LED SPOl1 S li g hting and re la ted in s tallati o n
s erv ices (th e "Lightin g Purc ha se") to re trofit and up g rad e th e c urren t SpOrl fi e ld li g h ts at Pa lm er
Park , wh ich are c urrently utili z in g me tal halid e lamps that nced to be re pl aced every 12 to 16
month s ; a nd
WHEREAS, the proposed Li ght in g P urc hase for Pa lm er Park w ill re s ult in a s ignifi c ant ly
more ene rgy-effi cient and lu m in ou s s pans li ghti ng system with a longer lifes p a n , reducing
-repl ace m ent and maintenance co sts; and
WHEREAS, purs uant to Artic le III , Sect io n 5 of th e C it y C ha rt e r. and th e C ity 's
Purch as in g Po li cy ad o pted by o rd i nance as part o f th e 2023 /2024 FY Budget, th e C it y's bidding
process m ay b e co nduc te d by makin g purc ha ses through o ther govemme nt a l age nc ies th a t have
followe d co mpetitive bidding procedu res s imi lar to the City 's adop ted procedure s: and
WHEREAS, th e Li g hting Purc ha se cOllle mp lated by th e C it y ha s bee n compe titi ve ly bid
by Sourcewell , a s erv ice c oo pera t ive c re ate d by th e Minnesota leg islat ure as a local unit of
government, pursuan t to Reques t for Pro p osa ls No . 04 11 23, w hi ch res ult e d i n Sourccw e ll Contract
No. 04 1 123 -M S L , atta c he d h e reto as Exhibit "A" (the "Soul'cewell Co ntract"), w ith th e
Co ntractor based on cO lllp e ti tive bidding p roced ures s im ila r to th e C it y 'S ad opted proced ure s; and
WHEREAS, the Co ntrac to r has p rovided th e C ity wi th a qu ote, attac hed hereto a s
Ex hibi t "B" (the "Quo te"), for th e L ig htin g Purcha se in t he a m o ulll o f$605 ,000 based on th e tc nns
a nd cond iti o n s of th e Sourcewell Con tra c t ; and
WHEREAS, in acco rdan ce with Article III , Sectio n 5 of th e C it y C ha rt e r a nd th e C ity 'S
P urch a s ing Policy, th e C it y w is he s to en te r into thi s Agree m e nt wit h th e Contrac to r for th e
L ightin g Purc h ase in the alllou nt of $60 5,000, consi stent with th e telms and conditi o n s of the
Soure ewell Contract and th e Qu o te ; and
NOW, THEREFORE, in cons id erat ion of the mut1 1al cove nants and co ndition s co nt ained
herein, th e Ci t y and th e Cont ra c tor agree as follow s:
In i ti ~
~
I. Incorporation of Contract. The tenns and conditions of the Sourcewell attached hereto as
Exhibit "A" are incorporated as though fully set forth herein. Except as otherwise specifically
set forth or modified herein, all terms in the Sourcewell Contract are hereby ratified and
affirmed and shall remain unmodified and in full force and effect in accordance with its telms.
2. ConOicts; Order of Priority. This document without exhibits is referred to as the
"Agreement." In the event ofa conflict between the terms of this Agreement and any exhibits
or attachments hereto, or any documents incorporated herein by reference, the conflict shall be
resolved in the following order of priorities and the more stringent criteria for performance of
the Services shall apply:
A. First Priority: This Agreement;
B. Second Priority: E-Verify Affidavit and Noncoercive Labor Affidavit;
c. Third Priority: Exhibit "A," the Sourcewell Contract; and
D. Fourth Priority: Exhibit "B," the Contractor's Quote.
3. Defined Terms. All initial capitalized terms used in this Agreement shall have the same
meaning as set forth in the Sourcewell Contract unless otherwise provided in this Agreement.
All references to Sourcewell shall be replaced with the City of South Miami where applicable.
4. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
s. Services. Contractor shall furnish all of the labor, materials, equipment, services and
incidentals necessary to perform all of the work necessary for the Lighting Purchase in
accordance with the Sourcewell Contract and the Contractor's Quote attached hereto as
Exhibit "B."
6. Compensation. The Contractor shall be compensated for the Lighting Purchase in an amount
not to exceed $605,000, consistent with the pricing of the Sourcewell Contract attached hereto
as Exhibit "A" and in accordance with the Quote attached hereto as Exhibit "B."
7. Ownership and Access to Records and Audits.
A. Contractor acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled
information, and all similar or related information (whether patentable or
not) which relate to Services to the City which are conceived, developed or
made by Contractor during the tenn of this Agreement ("Work Product")
belong to the City. Contractor shall promptly disclose such Work Product
to the City and perform all actions reasonably requested by the City
(whether during or after the term of this Agl'eement) to establish and
confirm such ownership (including, without limitation, assignments,
powers ofattomey and other instruments).
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B. Contractor agrees to keep and maintain public records in Contractor's
possession or control in connection with Contractor's performance under
this Agreement. The City Manager or her designee shall, during the term of
this Agreement and for a period of three (3) years from the date of
termination of this Agreement, have access to and the right to examine and
audit any records of the Contractor involving transactions related to this
Agreement. Contractor additionally agrees to comply specifically with the
provisions of Section 119.070 I, Florida Statutes. Contractor shall ensure
that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by
law, for the duration of the Agreement, and following completion of the
Agreement until the records are transferred to the City.
C. Upon request from the City's custodian of public I'ecords, Contractor shall
provide the City with a copy of the requested records or allow the records
to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise
provided by law.
D. Unless otherwise provided by law, any and all records, including but not
limited to "eports, su.'veys, and other data and documents provided or
created in connection with this Agreement are and shall remain the property
of the City.
E. Upon completion of this Agreement or in the event of termination by either
party, any and all public records relating to the Agreement in the possession
of the Contractor shall be delivered by the Contractor to the City Manager,
at no cost to the City, within seven (7) days. All such records stored
electronically by Contractor shall be delivered to the City in a format that is
compatible with the City's information technology systems. Once the
public records have been delivered upon completion or termination of this
Agreement, the Contractor shall destroy any and all duplicate public records
that are exempt or confidential and exempt from public records disclosure
requirements.
F. Any compensation due to Contractor shall be withheld until all records are
received as provided herein.
G. Contractor's failure or refusal to comply with the provisions of this section
shall result in the immediate termination of this Agreement by the City.
H. Notice Pursuant to Section 119.0701(2)(8), Florida Statutes. IF THE
CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS: Nkenga "Nikki" Payne, CMC,
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3 of 46
FCRM, City Ci erI<, 6130 Sun se t Dl'ive , First Fl oOI', South Miami, FL
33143,305-663-6340, npaync (a)southmiamin.gov .
8. Gov e rning Law a nd Venue . Thi s Agree ment is made un der, and in all res pec ts, shall be
int erpret ed, co nstrued , enforc ed, and govern ed by and in acco rdan ce with th e law s o f the State
o f Fl orid a. Venu e for any lega l ac tio n res ultin g fr om thi s Ag ree ment sha ll li e so le ly in Mi ami -
Dade Co unt y, [,l o rid a.
9. Amending Section II of th e Soul'ccwell Contra el. Sec ti on II , "In demnit y and Ho ld
Harml ess." of th e Sour cewe ll Co ntr ac t is here by de leted in it s entir ety and replaced as foll ows :
It. INDEMNIFICA nON
A. To the full es t ex tent permitt ed by law. Co ntr acto r shall de fend, ind emnify . and ho ld
harml ess th e Cit y. it s officers. age nt s, co nsult ant s, and empl oyees, fr o m and aga in st any
an d all demand s, cl a im s. losses, ex penses, suit s, li ab iliti es, ca uses o f ac ti o n, j ud gment or
damages. in c luding but not limit ed to Icga l fecs and cos ts and th ro ugh ap pea l, ar is in g o ut
of, re lated to, result ing fro m, 01' in any way co nn ecte d wi th Contract o r's neg li genc e,
rec kl ess ne ss, or int enti onal mi sco ndu ct in th e Co ntr acto r's perfor ma nce or no n-
perfo rm ance of thi s Agree ment , Co ntr ac to r's ob li gatio ns, or th e Wo rk re lated to th e
Ag re ement , in c ludin g but no t limit ed to by reaso n of any da mage to pr operty. or bod il y
inj ury or deat h in curred or susta in ed by any perso n. or to in j ur y to or des tru ctio n of
tangibl e pr o pelt y or any oth er pr oper ty (oth er th an th e Work it sel f) inclu d in g th e loss o f
use res ultin g th ere fr om, ca used in whole or in part by any will fu l, wa nt o n. o r neg li ge nt , or
gross ly negli ge nt ac ts 0 1' omi ssio ns of Co ntr ac to r, any sub contra cto r, any pe rso n or
orga ni za tio n dir ec tl y o r indir ec tl y em ploye d by any o f th em to perform or fu rn ish any o f
th e Wo rk or anyo ne for wh ose acts any of th em may be li a bl e. rega rdl ess of wheth er or
not it is ca used in part by a pa rt y ind emni ned here under o r arises by o r is imposed by
ap pli cabl e law an d rega rdl ess of th e neg li gen ce o f an y s uch part y .. Additi onally , th e
Co nt rac to r shall de fend . ind em nify , and hol d th e Cit y harmless from a ll losses, inju ries or
damages and wages o r ove rtim e co mp ensa ti on du e it s empl oy ee s in rende rin g se rvices
pur suant to thi s Ag ree me nt, in clu d in g payme nt of reaso nab le att orn eys' fees and costs in
th e defe nse or an y claim made under th e Fa ir Labor St and ards Act , T itl e VII o f th e Ci vil
Rig ht s Ac t of 1964, the Age Disc rimin ati on in Empl oy ment Ac t, th e Ame ricans with
Disab iliti es Act or any oth er em pl oy men t related liti ga ti on 0 1' wo rker 's co mp ens ati o n
cl a im s und el' federal, s tal e, or loca l law.
B. Nothin g here in is int end ed to serve as a waiver o f sove re ign immunit y by th e C it y no r
sha ll any thin g in clu de d here in be co nstru ed as co nse nt to be sued by third parties in any
matter ari s in g out o f thi s Agree ment 0 1' any oth er cont rac t. T he Cit y is subj ec t to sect io n
7 68 .28. Flo ri da Stat ut es . as may be amended fro m time to ti me .
C. T he pr ov is io ns o rth is sec ti on s hall s urv ive te rmin ati on o f thi s Agree ment.
10 . Public Entity C rimes Affida vit. Co nsult ant sha ll co mpl y wi th Sec t io n 28 7.133, [,lor ida
Statut es (P ubli c Entit y Crim es Statut e). noti fica ti on o r whic h is hereb y in co rp ora ted here in by
re fer ence , in c ludin g exec uti on o f any re qu ired a ffid av it.
Page 4 01'6
4 of 46
11. Notice s/Authorized Representatives. Any notic es requir ed by thi s Agreement shall be in
writing and shall be dee med to have been properly given if transmitted by hand-delivery . by
registered or cert ifi ed mail with po stage prepaid re tu rn rece ipt requ ested, or by a priva te postal
service, addressed to the parties (o r th eir successor s) at th e add resses li sted on th e signat ur e
page of thi s Agreement or s uch oth er address as th e party may have designated by proper
noti ce.
12. E-Ve rify Arftdavit. In acco rd ance with Sec ti on 448.095, Florida Statute s, th e Ci ty requir es
a ll contractors doing business with th e City to re gister with and usc th e E-V eri fy sys tem to
verifY the work auth orizatio n status of all newly hir ed em pl oyees. The City will not ente r into
a co ntr ac t unl ess eac h party to th e contract register s with and uses th e E-VerifY sys tem. The
contracting entity must pr ov id e of it s pr oof of enr o llm ent in E-VerifY. For in structi ons on ho w
to pro vid e proofofthe contracting entity's participation /enrollment in E-Ver ifY , please visit :
htlps://www.e-ver ify.gov /fag /how-do-i-p rov idc -pr oof-ol:my-p art icipa ti onc nrollment -in-c-
verify . By ent erin g into this Agree ment. th e Contrac tor ack nowledges that it has read Sec ti o n
448.095, Florida Statut es ; w ill co mpl y with th e E-Verify requi rement s imp ose d by Section
448.095, Florida Statu tes , including but not limit ed to obtai nin g E-V eriFy al'fidavits fi'om
subcontr actors; and has exec ut ed th e requir ed affidavit attach ed here to and inc orpo rate d
he rein.
13. Nonco e"clve Conduct Affidavit. Pl\I'suant to Sec tion 787.06 , Florida Statute s, a
nong ove rnm ent a l en tit y execut in g, ren ewi ng, or ex tend in g a co ntrac t with a govern mental
entity is required to provide an affidavit, s igned by an onicer or a representa tiv e of the
nong ove rnm ental en tity under penalty of peljury , atte sting th at the nongove rnm ent al entit y
docs not usc coerci on fo r labor or se rvice s as de fin ed in Sec ti on 787 .0 6(2)(a), Florida Sta tut es .
By ent eri ng int o thi s Agree ment , th e Co ns ult ant acknow ledges th at it ha s read Section 787.06 ,
Florida Sta tute s, and wi ll comply with th e requirement s th ere in , and has execu ted Ihe re quir ed
affidavit attached heret o and in co rp orat ed here in.
IRemainder of page intentionally left blanl<.
Signature page s foll ow.1
Page 5 of 6
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IN WITNESS WHEREOF, the parties here to hav e call sed this Agreement to be executed
the day and year as first sta ted above.
By:
Genaro
Cit y Manager
Atte st :
By: --H-+'r-l,----,N-------
Nke ng a <-
Clerk
App roved as to For m and Legal Suffi c iency:
Addresses for Notice:
Cit y of So lith Miami
Attn: City Manager
6 130 Sun set Drive, Firs t Floo r
So uth Miami, FL 33143
305 -6 68-25 10 (te lep hone)
chip @so uthmi amifl .gov (e mail)
With a copy to:
Weis s Serota Helfman Co le & Bierman , P.L.
Attn: City of Sou th Miami Atto rn ey
, 2800 Ponce de Leo n Boulevard , Suit e 1200
Co ral Gable s, FL 33 134
larango @ws h-I aw.com (email)
MUSCO SPORTS LIGHTING. LLC
BY~-/f--*::::I7"~""-~~=---
Name: James M. Hansen
Title: Secretary
Entity: Musco Sports Lighting, LLC
Address es for Notice:
Musco Sports Lighting, LLC
Attn : Legal Department
100 1 st Avenue West
Oskaloosa . IA 52577
641-673-0411 (te lep hone)
secretary@musco com (e ma il )
With a copy to:
__________ ,(t e leph one)
__________ (email)
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E-VERIFY AFFIDAVIT
In accordance with Section 448.095 , Florida Statutes, th e C ity of South Miami require s all
contractors do ing business with th e Cit y to regi ste r with and use the E-Ver ify system to verify th e
1V0rk authorization status of all newl y hired employees. Th e City will not entel' into a contract
unles s each pal1y to the contract re gister s with and uses th e E-Vedfy sys tem .
The con t'rl.cting entity must provide of its proof of enrollment in E-Verify, For in struction s on
how to provide proof of the contracting entity 's participati on/e nrollment in E-Verify, plea se visit:
h t t ps :/ /www .c-ve ri fy.gov /lag /how -do-i-prov ide-pt-oof-o r-m y-part ic i pat i one n ro II ment -i n-e -veri f v
By signing below , th e contracting entity acknowledges that it ha s read Section 448 .095 , Flodda
Statutes and will comply with the E-Verify requirement s impo se d by it , in c ludin g but not limit ed
to obtaining E-V eri fy affidavits fr om sub co ntractors.
\i Check here to contil'm proof of enrollment in E-Verify has been attached to this Affidavit,
Iowa
State of. FI6ri~a
Co unt y o f Mahaska
James M , Hansen
Secretary
En tity Name: Musco Sports Lighting . LLC
ACKNOWLEDGMENT
The foregoin g instrument wa s ackno wledged befo re me by mean s of I)' phy s ic a l pre se nce or 0
onlin e notari za tion , this 6th da y of September , 20 24 , by James M.
Hansen (name of per so n) as Secretary (type of authority) for
Musco Sports Lighting . LLC (nam e of party on beha lfofwhom instrum e nt is exec uted ).
Personally kn ow n to me ; o r
~ 1 DR 1 'rl6). f11. ~
Notary Public (Print, Stamp, or Type liS
Commissioned)
___ Produced identification (Typ e of Identificati on: ____________ -')
___ Did take an oa th; or
___ Did not tak e an oath
70f46
AFFIDA VIT ATTESTING TO
NONCOERCIVE CONDUCT FOR LABOR OR SERVICES
Effective Jul y I, 2024, Section 787.06, Florida Statut es, a nongovernm ental e ntit y exec uting ,
renewing, 01' extending a co ntract with a govern mental entity is req uir ed to provide an affidavit,
si gn ed by an officer or a repr ese nt ati ve of the nongove rnm enta l entity und er penalty of perjur y.
atte stin g that th e nongovernmental entity does not use coercion for labor 0 1' se rvice s as defin ed in
Section 787.06(2)(a), Fl o rid a Statutes.
By s ign ing below, I hereby affirm under penalty of perjury that :
I. I have read Section 787.06 , Florida Stat ut es, and un de rsta nd th at thi s affidavit is provided in
co mplian ce w ith the requirement that, upon exec uti o n, renewal, 01' exte ns ion of a contract
between a nongovernmental entit y and a governmental ent ity , the nongovernmental entity must
allest to the abse nce of coercion in labo r 01' serv ices .
2. I am an officer 01' representative of Musco Spo rts Light ing , LLC , a no ngove rnm en tal en tit y.
3. Musco Sports Lighting. LLC does not use coercion for labo r 01' se rvi ces as defined in the relevant
sec ti on of th e la w.
In the presence £ c -.
Secretary
Witne ss # I Print Name : Carrie Fergu son
wg~nathonAngO Ve Entit y Name: Musco Sports Lighting LLC
Iowa
State of ~19ri~a
Cou nt y of Mahaska
ACKNOWLEDGMENT
The for ego in g in strument was acknowledged before me by mean s of VI' phy s ical presence 01' 0
on lin e notari zation , thi s 6th day of September ,20 24, by James M
Hansen (name of person) as Secretary (type of auth or it y) for
Musco Sports Lighting, LLC (na me of party on behalf ofwhOJ,ll in strum e, t is e.
~ MELINDA K. WALTER
t} -t. Comml"lon Number 746584 otary Publi c (Print, ~ "'~ MyC 550 It Ires
'0 • Co mmi ss ioned)
.,j Personally known to me; o '
0 1' Type as
___ Produced identificati on (Type of Ide ntificat ion: ____________ )
___ Did take an oa th ; 0 1'
___ Did not take an oa th
8of46
EXHIBIT A
SOURCEWELL CONTRACT NO . 041123 -MSL
Sourcewell ~
Awarded Contract
Contract # 04 1123-MSL
Sourcewell
Customer Information Package
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o::xxJ
mu~.
We Make It Happen .
Table of Contents
1. Overview
2. Executed Contract
3 . Membership
4 . About Sourcewell
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1. Overview
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Overview -Sourcewell
For 40 years , Sourcewell has helped government, education , and nonprofit agencies
operate more efficiently. They help save time and money with contract purchasing
solutions that are solicited nationally . Sourcewell is a service cooperative created by the
Minnesota legislature as a local unit of government (Minn . Const. art. XII , sec. 3).
Sourcewell is governed by local elected municipal officials and school board members.
As a public agency, all Sourcewell employees are government employees. All education
and government entities , as well as nonpublic schools and nonprofit organizations are
eligible for a Sourcewell membership . Th e re is no fee to become a Sourcewell member.
Contract #: 041123-MSL
Expiration Date: 06/16/2027
Sports Lighting Solutions with Related Technology, Equipment, and Services
This contract can be used for materials and/or installation on a per project basis
dependent upon Musco's compliance with state and local licensing requirements.
Sourcewell membership is free and available to government , education and non-profit
agencies .
A landing page has been established on the i r website , www .sourcewell-mn .gov , with
information about Musco. Pricing information can be obtained from your sales
representative. Musco's landing page also provides , RFP , Bid Acceptance & Award , as
well as documentation of the competitive bidding process .
Sourcewell contact information :
Jul ieyn Holder
Phone: 218-541-5357
Email : julieyn .holder@sourcewell-mn .gov
If you have any questions about the Sourcewell program or any of our other active
cooperative purchasing contracts , contact your local Sales Representative or Taylor
Knoot at 800-825-6030 .
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ISource well ~I
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 M i nnesota (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 . Thi s Contract ex pires 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 ex piration or termination of this Contract, all
payment obligations incurred prior to ex piration 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.
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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.
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A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Supplier must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery. In the event of the delivery of nonconforming
Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax-
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At 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.
s. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government-
owned facilities, including schools. Supplier's employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jOintly between Sourcewell and
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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 e-
commerce specifications, specialized delivery requirements, or other specifications and
requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
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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
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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:
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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
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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 ("150") Commercial General Liability Form
CGOOOl (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non-owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer's Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Pro/essional/Technical, Errors and Omissions, and/or Miscellaneous Pro/essional
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
Sourcewe" 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.
Rev. 3/2022 13
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Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
Rev. 3/2022 14
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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).
Rev. 3/2022 15
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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
Rev. 3/2022 16
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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
i dentified 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 Ent ity 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 i f this Contract or any aspect related to
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R . Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell , and
Participating Entity are able to assess the actual or potential conflict; and provide any additional
information as necessary or requested .
Rev . 3/2022 17
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041123-MSL
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 prov isi on 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 Suppl ier's
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell I. Do cu Slgned by:
By: ~!39~m"J
Jeremy Schwartz
Title: Chief Procurement Officer
6/16/2023 I 2:10 PM CDT Date: __________ _
Approved:
"Doeusigned by :
By : L2::!',~~
Chad Coauette
Title: Executive Director/CEO
6/23 /2023 I 2:44 PM CDT Date: _________ _
Rev. 3/2022
Musco Sports Lighting, LLC I. DocuSigned by :
By : ~9:~,,~;.~~StM-
James M . Hansen
Title: Secretary
6/23 /2023 I 2 :36 PM eDT
Date: __________ _
31 of 46
18
3. Membership
32 of 46
Sourcewell membership application can be accessed and completed online at the web
site listed below .
https ://www.so urcewel l-mn .gov/become-member
33 of 46
4. About Sourcewell
34 of 46
Com pli ant
2
Ou r process can be trusted to satisfy
you r bid requ i rements
We are a government agency that
wo rks like you
Achievement of Exc ell enc e in
Procurement recipie nt
Cooperative Purchasing Reference Guide
Cooperat ive purchasjng
Coope rative purchasin g is procurement conducted by, or on
behalf of, one o r more governmental units for use by other
gove rnm ental units.
Compet it ive
Buyi n g p owe r of 50 ,000 m em b ers
Contracts offe r ceiling-based pricing
and volume discou nts
36 of 46
Conven ient
More than 325 quality vendors
holding competi tively awarded
contracts
Full sui t e of option s fo r a complete
solution
Easy, no-co st membership
Become a member
Membership is free. Just fill out an onli ne o r paper application. A membership legal agreement is av ail ab le
if needed . After su bm itting your application, you will receive a Sourcewell member ID nu mber elec tronically
and a we lcom e packet by ma i l.
Onlin e at: www.sou rcew ell -m n.gov/b ecome-m em b er
Through hard copy participation membership appli cat ion (down load from our websi te)
Through "Jo int Exercise of Powers" or "I nterlocal" ag reements
Make a purchase
Browse our cata log of nationally awarded vendo rs online. Con t act the vendo r directly and inform them of
your interest in us ing the Sou rcew ell co ntract, OR use our expert ise -contact our membership team. We
want to be your guide.
Fo r mo re in fo rm atio n, co ntact our membership team:
8 77 -5 85-970 6
m em b ership@sou rcewe ll -m n .go v
37 of 46 3
Our proce ss
Cooperative purchasing connects buyers
and sellers for efficiency and savings.
Our user-friendly process -the
consistency of our documents, forms,
and evaluation criteria -is among our
greatest assets .
We co n tinuously refine our efforts
to meet the changing needs of ou r
members. They va lu e our North
Ame ri can competitive procu rement
process which sa ti sfies lo ca l
procurements. requirements.
Our members add value to these steps by
understanding their loca l procurement
requirements and assessing the ir ability
to le gally access and utili ze Sourcewell
contracts.
Compet it ive proc urement process
1. Scope of solicitation
We dete rmin e the sco p e of each co mp eti ti ve so li c itation b~ i denti ~i ng the
needs of our members. Thi s i s accomplished through daily interactions and
gu idance from our members.
2. Authorization from Sourcewell Board of Directors
Before initiating a sol icitation, we seek pe rmission from the publicly elected
Sourcewell Board of Directors.
3 . Pu b l ic notice and advertising
Upon approval from the Boa rd, we issue a public notice and adverti se m ent.
Refer to www.sou rcewe ll-mn.govj process for specific advertising locatio ns.
4 . Proposal receipt and opening
We tim e and date sta m p eac h proposal upon recei p t at ou r o ffi ce in Sta p les,
MN. We conduct a public-proposal opening at a time, date, and place specified
in the RFP. For Sou rcewell so lici tatio ns published after Marc h 31 , 2019, we
accept web-based, digita l submissions through the Sou rcewell Procurement
Porta l. Responses through the po r tal are secu re and inaccessible until after t he
pub l ished due date and time.
5 . Objective eva lu ation
At t h e proposal openi ng, we eva l uate the respo n siveness of each proposal
received. The evaluat io n comm ittee th en presents its recommenda ti ons to the
chief procuremen t officer (CPO) for final review and approval.
6 . Official award
Upon app rova l by t he CPO and ratification by the Sourcewell Board of DicKtm"
we award the recommended vendor(s) a four-year contract with the potential
fo r a one-year exte nsion . The Procu rement Departm ent se nd s a Notice of Award
o r Non-Award to all respondents vi a email.
7. Posting and review of approved contract docu ments
Sou rcewe ll maintains a complete procu remen t fil e, and contract
documentation is posted on our website. We periodically review all awa rded
contracts for compliance and effectiveness. In addition, Sourcewell may review
and approve price and product c h anges at the ve ndor's request.
3-time reCipient of the Achievement of Excellence in Procurem errt award.
4 Cooperati ve Purchasing Reference Guide 38 of 46
The Sourcewell advantage
Sourcewell is a self-funded government
organization. We partner with
government, education, and nonprofit
entities to boost student and community
success .
You can confid e ntly partner with Sourcewell
because we :
Va l ue independence
As a government agency authorized by the state of Min nesota, we can enter
into contracts and ope rate as ou r own cooperative purchasing lead agency.
(See enabling legislation on page 6)
We adhere to competitive solicitation req uirements 0\ tn e\J n'"o rm
Municipal Contracting Law.
We award most contracts corporately, but you purchase from l ocal dealers
and providers.
Contract te r ms allow you to propose supplementa l terms and conditions.
Lead the way
Choice of high -quality equipmentjproducts/services-300 North Ame ri can
vendor contracts and more than 500 const ru ct ion cont racts.
We eli minate low-bid, low-quality issues. You captu re li fecyde -cost savings.
Our contracts are tailored to you with so l utions-based solicitations.
Basic to fully customized so luti ons ava ilable when you choose from a
suite of options.
Read the fine print
Proven procurement process, refined over 40 years. (See prior page.)
Co ntracts compet itive ly so li cited o n your behalf and awarded by ourCI'\) oml
elected board.
The documentation you n eed is right at your fingertips -with a complete
procurement file posted on o ur webs ite so u rcewell -m n.gov.
Make purchasing easy
Browse our cata log of awarded vendors onl ine .
Members can then contact the vendor directly and tell them you'd like to use
the Sourcewell contrac t.
If not a member, check out how easy it is to join on page 3.
Tap into our expertise by contacti ng our membership team: 877 -585-9706 o r
mem bers hip@sou rcewe ll -mn.gov.
39 of 46 5
Frequently asked qu estions
Q. Who is Sourcewell?
Q. What is Sourcewell 's primary
purpose?
Q. Is cooperative purchasing one of
Sourcewe ll 's authorized activities?
Q. How is Sourcewell governed?
Q. Who is eligible for membership, and
how much does it cost?
Q. How do we join Sourcewell?
Q. What spec ifi c statute gives my
agency the authority to participate?
Q. Can my agency u se Sourcewell
contracts without issuing our own
solicitatio n?
6 Coopera tive Purchasing Reference Guide
A. Sourcewell, formerly National Joint Powers Alliance, is a local unit of
government, a public corporation and agency under the Minnesota Const ituti on
and its enabli ng law, Minnesota Statutes § 123A.21. Sourcewell employees ar e
government employees.
A. Sourcewell is a service cooperative created to provide programs and services
to members in the government, education, and nonprofit sectors. Its statutor y
purpose is to ass ist members in meetin g spec ific need s which are more
efficiently d elive red cooperatively tha n by an entity individually. Minn. Stat. §
123A.21, subd. 2.
A. Sourcewell is authorized to es tabli sh coope rative purchasing contracts on
behalf of itself and its members. Sourcewell follows the com petitive co ntract law
requirements under Minnesota Statutes § 471.345, to solic it, evaluate, and award
these cont racts .
A. Sourcewell i s governed by an eight-member Board of Directo rs made up of local
elected officials including cou nty co mmi ssione rs, city cou ncil members, mayors,
and school board members.
A. Membership is free and available to all government, education, and nonprofit
entiti es.
A. You can join by submittin g an online membership application at: Sou rcewell-
mn .gov/join o r by submitti ng a pap er app lication.
A. Joi nt powers and cooperative purchasi ng laws authorize members to access
Sourcewell cooperative purc ha sing cont ra cts. Sourcewell members are
respo n sible fo r ensu rin g compl ian ce with state and local laws in their respect ive
jurisdictions. A comprehensive list of state laws is included on th e Sourcewell
website on the "Compl iance and Lega l " page.
Sourcewell continuously monitors changing la ws and regulations affecting
cooperative purchasing. For questions about state-specific compliance or
contract-use req uirem ents, please contact contract.administration@sourcewell -
m n.gov.
A. Sourcewell contract s are competitively solicited on behalf of Sourcewell and
its members. Individual members are free to determine whether th e awarded ·
contracts meet their needs.
4 0of46
Frequentl y asked questions
Q. Does So u rcewell 's procurement
process meet federal procurement
standards, including the Office of
Management a nd Budget Uniform
Gu idance (2 CFR Part 200)?
Q. How do I obta i n copies of the legal
docu ments associated with each
contract?
Q. As a So u rcewell m ember, are we
able t o bu y f rom other contracts?
Q. How is So u rcewell f u nded'
A. Sourcewell's procurem ent process i s contin uously improved to ensure
compliance wit h state and fede ral requi re m ents affecting o ur membe rs' abili ty
to use cooperative purchasing co ntra cts. Standa rd federa l terms and condition s
are included in Sourcewell so licitati ons and contracts. Fo r specific comp liance
questions, plea se co nta ct co ntract.ad min is lrati o n@so urce w el l -mn .gov.
A. Contracts and solicitation documents are available under the "Co n t rac t
Documentation" tab on each vendor's page on the Sourcewell website. Please
follow the instructions under eac h vendor's "P ricing" tab to access p r icing fo r
specific cont racts. Due to prici ng complexity, some prici ng is only available upon
request. Procu rement files are also ava il able upon request.
A. Sourcewe ll membe rship and contracts are non exclusive with no ob li gation to
purc hase.
A. Sou rcewell is funded by administrative fees paid by vendors. When Sou rcewell
awards a contract, that ven dor realizes substantial eff ic ien cies in the form of
thousands of sa les opportuniti es. Ve ndors pa y a percentage of those sales to
Sourcewell to cove r costs rel ated to the procurement p rocess and t o offset
general operating costs .
Material prepared an d provided by Sourcewell is intended as informational and for reference
purposes, but is not legal advice. We recognize your responsibility to ensure the SourceweH
procurement process complies wi th your local laws.
41 of 46 7
Coop erati ve pu rchas i ng
Sourcewell creates cooperative contract purchasing solutions on behalf of its membe r agencies. Cooperative
contracts offer both time and money saving s fo r users by consolidati ng the eff orts of numerous i ndividually
p repa red solicitatio n s into one, cooperatively shared process -taking advantage of the volume pricing
gene rated by 50,000 members across North Ame rica.
Join and purchase
Visit sou rcewe ll -mn.gov/coope rative -purchasing or turn to page 3 for mo re deta il s.
We want to be your guid e.
Contact ou r membe rship team:
877 -585-9 706
m embe rship@sourcewe ll-mn.gov
REVISfO071S 19
877-585 -9706 I ww w.so urcewe ll -mn .gov SourceweU ~
Forme rry NJPA
42 of 46
EX HIBIT B
CONTRACTOR'S QUOTE
Retrofit LED Sports Lighting at Palmer Park
Sourcewell Contract #041123-MSL
Musco Sports Lighting, LLC
43 of 46
Quote
Date: July 30, 2024 Project: Palmer Park
South Miami, FL To: City of South Miami
Sourcewell
Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027
Category: Sports li gh tin g w ith rel ated supp li es a nd services
All purchase orders should note the following:
Sourcewell Purchase -Contract Number: 041123-MSl
Quototion Price -Materials Delivered to Job Site and Installation
Baseball / Softball Fields, Bullpen, Batting Cages, & Playground
........................................................................................... $605,000.00 Includes Bonding
Sales tax and permit fees are not included.
Pricing furnished is effective tor 60 days unless otherwise noted and is considered confiden tial.
SportsCluster ® system with Total Light Control-TLC/or LED'M technology
Guaranteed lighting Performance
• Guaranteed light level s-per design
• UL Listed assembl i es
System Description
• Factory wired poletop luminaire ass emb li es
• Factory aim ed and assembled lu minaires, including Ba llTr acker ~ lumin ai res
• Factory wi r ed and tested remote e l ectrical component enclosures
• Pole l ength, factory assembled wire harne sses
• Mounting hardware for poletop luminaire assemblies and el ectrical components enclosures
• Di sconnect s
• UL Li sted ass emblies
Environmental Light Control
• Spill light minimized
• Off-site glare light minimized
Control Systems and Services
• Control-Lin k" cont r ol and monitoring syst em to provid e remote on/off and dimming (h i gh/medium/low)
control and performance monitoring with 24/7 customer su pport
Operation and Warranty Services
• Product assurance and warranty program th at co v ers ma t erials and ons i te labor, eliminating 100% of your
maintenance co sts for 10 years
• Support from Musco's Lighting Serv i ces Team -over 170 Team m e mbers d ed ic ated to operating and
maintaining y our lighting system -plus a network of 1800+ con t ractors
20 16 ,202 1 Mus co S ports Lig hti ng ,l lC .,. M·ZU3lJ-err!IS-117
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Installation Services Provided
Customer Responsibili t ies:
1. Complete access to the site for construct ion using standard 2·wheel drive rubber t i re equipment.
2. Locate ex i st ing u nde r ground util ities not cove r ed by your local utilities. (i.e. water li nes, electrical li nes, irrigation
systems, and spri nkle r heads). Musco or Subcontractor will not be responsible for r epairs to unmarked utilities.
3. Locate and mark f i eld reference pOi n t s per Musco supplied l ayo u t. (Le. home p l ate, center of fB f\e~d\.
4. Ens u re ex ist ing po les are st r uctu ra ll y adequate to hand le new fixtu r e l oad i ng.
S. En su re usabil i ty of ex isting undergr ound wiring.
6. Pay any necessary power company fees and requirements.
7. Pay all permi tting fees.
8. Prov ide an y ex i stin g as-b u ilt documents or d rawi ngs.
9. Provide sealed Electrical Plans . (If required)
Mu sco Respon sibilities:
1. Provide requ ired fixt u res, electrical enclosures, mounts, hardware, w ire harnesses, and control cabinets.
2. Provide fixture l ayout and aiming diag r am.
3. Provide Contract Ma nagement as required.
4. Ass ist ou r install in g subcontractor and ensu r e our respo nsibi li t ies are sat isfied.
Musco Subcontractor Re sponsibilities
General:
1. Obta in any requ ired permitt i ng.
2. Contact local utilities for locat i ng public utilities an d confi rm they have been clearly marked.
3. Contact the f aci lity ow n er/manage r to confirm the existi ng private unde r ground u t ili t ies and i r ri gation systems
h ave been l ocate d an d are clearly marked to avo id damage f r om co nstruction equi p ment. Repai r an y such damage
during constr ucti on.
4. Provide labor, eq u ipment, and materials to off load equipment at jobsite pe r schedu l ed de l ivery.
5. Pr ovide sto r age contai ner s f or material, {includ ing electrica l components enciosu r esL as needed.
6. Pr ovide necessary waste disposa l and daily cleanup.
7. Provide security to protect Musco products from theft, vanda li sm , or damage during the in stallation.
8. Keep all heavy eq u ipment off playi ng f ield s when po ssible. Repair damage to grounds which exceeds that which
would be expected. Indentati ons caused by h eavy equipment trave li ng ove r d r y gro u nd wo u ld be an example of
expected damage. Ru ts and sad damag e caused by equipment traveling over wet grounds would be an example of
damage requ iring repair.
9. Prov ide sta r tup and aiming as requi r ed to p r ovide complete and operat in g spo r ts lighti ng system.
10. Installatio n t o commence u po n de li very an d proceed witho ut interruption until complete. Musco to be
immediate ly notified of any breaks in schedule or delays .
Demolition:
1. Remove and dispose of the existing f ixtures, and electr ical enclosures . This will include the recycling of lamps,
al uminum reflectors, ballast, and steel, as necessary .
2. Leave existing ground wires and power feed in place for con nection to n ew lighting eq u i pme n t.
2016.2021 Musco Spo r ts Lighti ng . LL C -2 · M-203B-en US-1 0
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Retrofit Musco Equipment to Ex isting Poles:
1. Provide labor, materials, and equipment to assem ble and insta ll Musco TL C for LED· equipment on 5 existing poles
and terminate grounding and power feed . Power feed may need to be reworked to adapt to the new Musco
equipment.
2. Ensure grounding components meet minimum standards requi r ed by NEC and NFPA780 .
3. Provide new gr ound rod and pole bond ing conductor per NFPA Annex A.1.6.
4 . Down conductor sha ll be converte r to copper wire for any unde rground runs and bonded to grou nd rod(s).
5. Ensure all Mu sc o com po nents are bonded to bot h equip ment and lightning grounds . No upward swee ps allo wed
for light nin g down conductor or bonding jumper(s). See installation in structions fo r further information .
6. Te st ground re sist ance w ith 3-point megger and confirm 25 ohms or le ss for eac h pole. Install additional gro und
rod s or create grounding grid unt il resistance of 25 ohm s or less is achieved.
Electrical:
1. Provide materials and equipment to reu se existing e lectric al service panel s as required .
2 . Provide materials and equipment to reuse existing e lectrica l wiring as permitted.
3. Provide as built drawings on completion of in sta llation, (if required).
Control Sy st e m :
1. Provide labor, equipment, and materials to terminate all necessary wiring at existing controls cabinet.
2. Check all zones to make sure they work in both auto and manual mode.
3. Commissio n Control-Link · by contacti ng Control -Link Central'· at 877 -347 -3319.
Payment Terms
Net 30 days for materials and progressive payments for labor.
Delivery Timing
8-10 weeks for del ivery of mate rials to the job site from the time of order, submittal approval, and confirmation of or eer
details i ncluding voltage, pha se, and pole locations.
Due to t he buil t-in custom light control per lu minaire , pole locations need to be confirmed prior to production. Cha nges to
pole locations afte r th e product is sent to production cou ld result in addition a l charges.
Notes
Quote is based on:
• Shipment of entire project together to one location.
• 480 Volt, 3 Ph ase elect r ical system requ irement.
• Owner is responsib le for getting electrica l power to the site, coordinat ion w ith the utility, and any power company
fees.
• Product assu rance and warranty program is contingent upon site review and compatibility with Musco's lighting system
Than k you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional
details.
Ja son Frucht
Sales Representative
Musco Sports Li ghting, LLC
Phone : 954 -732-5674
E-mail: jaso n J r ucht@musco.com
2016 ,2021 Musco Sports l ig hting , llC ·3· M·2038·enUS·l0
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Agenda Item No:10.
City Commission Agenda Item Report
Meeting Date: September 3, 2024
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPROVING THE PURCHASE OF NEW LED SPORTS LIGHTING AND RELATED INSTALLATION
SERVICES FOR PALMER PARK FROM MUSCO SPORTS LIGHTING, LLC IN THE AMOUNT OF $605,000,
TOGETHER WITH A $50,000 CONTINGENCY, FOR A TOTAL AMOUNT NOT TO EXCEED $655,000
UTILIZING THE TERMS AND CONDITIONS OF COMPETITIVELY BID SOURCEWELL CONTRACT NO.
041123-MSL; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH
THE CONTRACTOR RELATING TO THE SAME; PROVIDING FOR AUTHORIZATION TO EXPEND FUNDS;
PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY
MANAGER-PARKS, RECREATION & CULTURE DEPT.)
Suggested Action:
Attachments:
Memo-Palmer_Park_Retrofit_Sports_Lights (2).docx
Resolution_Approving_Purchase_and_Cover_Agreement_with_Musco_Sports_Lighting_Palmer_Park.docx
Exhibit A-Proposal-Musco Sports Lighting, LLC.pdf
Exhibit B - Cover Agreement - Musco Sports Lighting - Palmer Park LED Sports Lighting.DOCX
Sourcewell Contract Package.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:September 3, 2024
SUBJECT:Purchase and install new retrofitted LED technology field lights at Palmer Park
($655,000).
RECOMMENDATION:Approve the purchase and installation of new retrofitted LED sports
lights at Palmer Park from Musco Sports Lighting, LLC, using the
Sourcewell contract, for an amount not to exceed $655,000, including
contingency funds.
BACKGROUND:This item came before the Commission on August 20th and was
deferred to the September 3, 2024, Commission meeting. The purpose
of this project is to retrofit or upgrade the current sports field lights
from metal halide lamps to LED technology on existing poles at
Palmer Park.
The current metal halide lights need to be replaced every 12 to 16
months due to their rapid decline in brightness. In 2023, the City spent
roughly $15,000 on field light repairs and replacements at Palmer
Park. These costs included repairs to fixtures, light bulb changes,
ballast and capacitor replacements, 80’ boom lift rental, professional
labor (electricians, journeymen), and site restoration. For safety, all
field activities are suspended for weeks during repairs, causing
disruptions in program services.
The proposed LED lighting system will further standardize our
lighting control and monitoring system across the city’s park system.
This new system is significantly more energy-efficient and provides
better illumination than the current setup. Other benefits include a
longer lifespan (estimated between 50,000 to 100,000 hours, or 32 to
64 years), which means less frequent replacement and maintenance,
reduced maintenance costs and inconvenience, instant illumination,
eco-friendliness, and remote-control access via a mobile app. Musco
Sports Lighting’s product assurance and warranty program includes
10 years on parts and labor.
No invasive fieldwork is required for this project. The contractor will
provide all labor, equipment, and materials, including the control and
monitoring cabinet, necessary wiring, and control circuit for the
connection and activation of the proposed LED sports lighting.2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
Sourcewell competitively procured Musco Sports Lighting, LLC, and
awarded an agreement for the purchase and installation of sports
lighting pursuant to Request for Proposals No. 18/19-2. By leveraging
this piggyback agreement, the City saves time and benefits from the
combined buying power of multiple agencies, thereby reducing costs.
VENDOR Musco Sports Lighting, LLC
EXPENSE:Proposal/contract amount shall not to exceed $605,000.
A $50,000 contingency will be added to the contract amount for any
unforeseen construction-related activity.
FUND ACCOUNT:Contract amount ($605,000): American Rescue Plan Act (ARPA) – account
number 121-2000-572-6550, or other funding source as determined by the
City Manager to be in the best interest of the City.
Contingency amount ($50,000): Parks Facilities Impact Fee Funds –account
number 117-2000-572-6440, which has a current balance of $577,118 or
other funding source as determined by the City Manager to be in the best
interest of the City.
ATTACHMENTS:Resolution
Exhibit A – Proposal: Musco Sports Lighting, LLC
Sourcewell Awarded Contract – Contract #041123-MSL
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