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Contract 2019-21A AGREEMENT FOR INDOOR-OUTDOOR ATHLETIC SURFACING WITH RELATED EQUIPMENT, PRODUCTS, SUPPLIES, INSTALLATION AND SERVICES THIS AGREEMENT, is made and entered into this c9i0111 day of ems, 2019, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and MUSCO SPORTS LIGHTING, LLC., whose address is: 100 1st Avenue West, PO Box 808, Oskaloosa, Iowa, (hereinafter referred to as "CONTRACTOR"). WHEREAS, Sourcewell formerly National Joint Powers Alliance (NJPA) through a public procurement process awarded an Agreement for Indoor-Outdoor Athletic Surfacing with Related Equipment Products, Supplies, Installation and Services, Sourcewell Contract Number 082114-MSL; WHEREAS, CITY desires to utilize the above-referenced awarded bid, CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of Sourcewell Contract Number 082114-MSL. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I—SCOPE OF WORK The CONTRACTOR shall furnish all product and services as described in Sourcewell Contract Number 082114-MSL, which is attached hereto and incorporated herein as Exhibit "B" and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. To the extent of a conflict between this Agreement and Exhibit"B", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE II—THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule as set forth in Exhibit "A", attached hereto and incorporated herein. ARTICLE III—TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and 1 4 shall remain in effect until September 16, 2019, unless terminated or renewed as provided by Sourcewell. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 3. Upon mutual Agreement of the parties, this Agreement may be renewed for one (1)additional one(1) year term. ARTICLE IV—COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable purchase order or notice to proceed. ARTICLE V—PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted and undisputed services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE VI—DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 2 ARTICLE VII— INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 2. CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) CONTRACTOR's Comprehensive General, $1,500,000 Each ($3,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury& Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $1,500,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. SubCONTRACTOR's Public Liability and Property Damage Insurance - The CONTRACTOR shall require each of his subCONTRACTORs to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subCONTRACTORs in his policy, as specified above. 4. Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, 3 disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII—NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Musco Sports Lighting, LLC. 100 1St Avenue West PO Box 808 Oskaloosa, IA 52577 Attn: Ryan Tighe CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX- INCORPORATED TERMS AND CONDITIONS 4 The terms and conditions set forth in Exhibit "C" attached hereto and titled "ATTACHMENT G FEDERAL FUNDING GRANTEE, SUBGRANTEE AND CONTRACTORS PROVISIONS are hereby incorporated herein and made a part hereof in their entirety. To the extent of any conflict in the terms and conditions in the body of this Contract and Exhibit "C",the terms and conditions of Exhibit"C" shall control. ARTICLE X—MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 3. Severability. If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein,this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 5. Entire Agreement. This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assignment. Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 5 8. Applicable Law. This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Public Records. Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ARTICLE XI—AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 6 2. Purchase Order/Notice to Proceed 3. All documents contained in Sourcewell Contract No. 082114-MSL IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ale day of 0)a — =2019. City of Clermont -� . d17 , dit Gail L. Ash, Mayor Attest: Tracy Ackroyd owe, City Clerk Musco Sports Lighting, LLC. 13)c \ \u, D)te tes Vice President Title Attest• Co orate ec James M. Hansen (Name Printed or Typed) 7 EXHIBIT A Quote Project: Hancock Park LED Relight Clermont,FL Ref: 190692 Date:October 5,2018 Quotation Price—Materials Delivered to Job Site and Installation SportsCluster System with Total Light Control—TLC for LEDTM technology Tennis Retrofit-30 foot-candles $56,423.00 • Factory wired poletop luminaire assemblies • (8)Factory aimed and assembled luminaries • Factory wired and tested remote electrical component enclosures • Pole length,factory assembled wire harnesses • Mounting hardware for poletop luminaire assemblies and electrical components enclosures • Disconnects • UL Listed as a system • Control-Link° System for remote on/off control and performance monitoring with 24/7 customer support • Product assurance and warranty program that covers materials and onsite labor,eliminating 100%of your maintenance costs for 25 years • Includes Davis-Bacon wages Soccer Retrofit-30 foot-candles $110,620.00 (*Please note that we did not include a price for the East soccer field as it is Light-Structure Green product that is still under 25yr warranty) • Factory wired poletop luminaire assemblies • (24)Factory aimed and assembled luminaries • Factory wired and tested remote electrical component enclosures • Pole length,factory assembled wire harnesses • Mounting hardware for poletop luminaire assemblies and electrical components enclosures • Disconnects • UL Listed as a system • Control-Link° System for remote on/off control and performance monitoring with 24/7 customer support • Product assurance and warranty program that covers materials and onsite labor,eliminating 100%of your maintenance costs for 25 years • Includes Davis-Bacon wages Softball-50 foot-candles infield/30 foot-candles outfield $142,804.00 (*Please note that the softball wagon wheel would not be able to be retrofitted and is not included in the price due to the number of fixtures needed to reach 50fc infield/30fc outfield.The number of fixtures exceeds the EPA allowable on the poles.) • Factory wired poletop luminaire assemblies • (26)Factory aimed and assembled luminaries,including BalljrackerTM luminaires • Factory wired and tested remote electrical component enclosures • Pole length,factory assembled wire harnesses • Mounting hardware for poletop luminaire assemblies and electrical components enclosures • Disconnects • UL Listed as a system • Control-Link° System for remote on/off control and performance monitoring with 24/7 customer support • Product assurance and warranty program that covers materials and onsite labor,eliminating 100%of your maintenance costs for 25 years • Includes Davis-Bacon wages Sales tax and bonding of the equipment are not included. Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. 0000 musco. Q016.2017 Musco Sports Lighlmq,LLC 1- M-2038-enUS-5 Quote Installation Services Provided-Scope of Work to follow Payment Terms Musco's Credit Department will provide payment terms. Delivery Timing 6-8 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase,and pole locations. Due to the built-in custom light control per luminaire,pole locations need to be confirmed prior to production.Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: • Shipment of entire project together to one location • Structural code and wind speed=2017 FBC-C, 140 MPH,Importance Factor 1.0. • Owner is responsible for getting electrical power to the site,coordination with the utility,and any power company fees • Includes supply and installation of Musco system including underground wiring and conduit,service entrance panel board,and controls by a licensed contractor. • Standard soil conditions—rock, bottomless,wet or unsuitable soil may require additional engineering,special installation methods and additional cost • Confirmation of pole locations prior to production • Constant 25 product assurance and warranty program is contingent upon site review and compatibility with Musco's lighting system • Includes Davis-Bacon wages Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details. Bob DeCouto Field Sales Representative Musco Sports Lighting, LLC Phone: 407-421-5660 E-mail: bob.decouto@musco.com co. ®2016.2017 Musco Sports Lighting.LLC 2 M-2038-enUS 5 EXHIBIT B DocuSign Envelope ID:8A012AF5-12F4-4773-9634-4F75AF2F7FA5 Letter of Agreement To Extend the Contract Between Musco Sports Lighting, LLC 100 1St Ave.W. Oskaloosa, IA 52577 And Sourcewell, Formerly National Joint Powers Alliance (NJ PA) 202 12th Street NE Staples, MN 56479 Phone: (218) 894-1930 The Vendor and Sourcewell have entered into an Agreement(Contract#082114-MSL)for the procurement of Indoor-Outdoor Athletic Surfacing with Related Equipment Products,Supplies, Installation and Services.This Agreement has an expiration date of September 16,2018, but the parties may extend the Agreement for one additional year by mutual consent. The parties acknowledge that extending the Agreement for another year benefits the Vendor, Sourcewell and Sourcewell's members.The Vendor and Sourcewell therefore agree to extend the Agreement listed above for a fifth year.This existing Agreement will terminate on September 16,2019. All other terms and conditions of the Agreement remain in force. Soyrmajkairmerly National Joint Powers Alliance(NJPA) 3titstui I,,bl W A) BK__74444C420c48463- , Its: Director of Cooperative Contracts&Procurement/CPO Name printed or typed: Jeremy Schwartz 6/14/2018 I 4:06 PM CDT Date Musco Sports Lighting,LLC By: 1(0 ( , Its: ZXPC CC( f O P9LP5 f S`'lL'ifc Name printed or typed: "SCC Pu ��1 Date I fornl C 1 EXCEPTIONS TO PROPOSAL,TERMS,CONDITIONS v :; AND SO1,U'1'IONS REQUEST SpA Company Name:_____- _Masco Sports Lighting,LLC Note:Original must be signed and inserted in the inside front cover pouch. . Any exceptions to the Terms,Conditions,Specifications,or Proposal Forms contained herein shall be noted in writing and included with the proposal submittal. Proposer acknowledges that the exceptions listed may or may not he accepted by NJPA and may or may not be included in the final contract. NJPA may clarify exceptions listed here and document the results of those clarifications in the appropriate section below. ----- - -- — -- --- NJPA Term,Condition,or ACCEPTS Section/ ate Specification Exception : Identify how an Awarded llcrctoforc,things such as this arc typically Contract will be displayed accessed through a link from the NJPA and linked on the Proposer's organization,such ns NJPA. However, Accepts . _ 6.19.6.4 website. Musco would consider doing so if needed. Masco docs not currently have contractor licenses in Idaho,Nevada and Utah. A NJPA Accepts contractor license is required to act as a ...ability to sell, service and General Contractor in these states. Musco is in j deliver products and the process of acquiring licenses in those 6.19.1 _quipment... _ states. t i Musco Sports Lighting provides an engineered- I I B. 5.11 lhru Percentage Discount From to-order system upon which REP pricing is NJPA Accepts 5.14 Cntalo-or Category based. . • Proposer's Signature:c-4."""71/1x/ .L}AQ_(,A,v Date: 0-ygy j I I I t I i Contract Award RFP 082114# t,= FORM 1) ,,,0.1).6..); •'•`\` #JPA�� Formal Offering of Proposal �--^`J • (To be completed Only by Proposer) i i INDOOR-OUTDOOR ATHLETIC SURFACING WITH RELATED I:Q111PMENT PRODUCTS,SUPPLIES, i INSTALLATION AND SERVICES I! In compliance with the Request for Proposal (RFP) for INDOOR-OUTDOOR ATHLETIC SURFACING WITH RELATED EQUIPMENT PRODUCTS, SUPI'I.IIiS, INSTALLATION AND SERVICES the undersigned warrants that Uwe have examined this RFP and, being familiar with all of the instructions,terms and conditions,general specifications, expectations,technical specifications,service expectations and any special terns,do hereby propose,fully commit and agree to furnish the defined equipment/products and related services in full compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer further understands they • accept the full responsibility as the sole source of responsibility of the proposed response herein and that the performance • of any sub-contractors employed by the Proposer in fulfillment of this proposal is the sole responsibility of the Proposer. Company Name: Ivii, cu S',cwt.-. Lightin ,_1._.1 .(' Date: _11J3S1yt 1 c.),,._;2()14 Company Address: 1 oo i Mt /%VcnLJc Wcst, P(1 13c1x liOt. City: Or:kcttc,csan - State: lu.v;t Lip: 5 '7SS Contact Person: i-team el Ferreira Title: V ice President Authorized Signature(ink onlcCg\JAQ,Ar&. j, CU 1-t t.,u_i c..t i.:. (Name printed or typed) . . ' I I j ' I I ; Form { »7 ti, 1:0 JPA ;' .fNI 617/1 yy I ` Contract Acceptance 311,1 :11%1u d (Tu be completed only by NJPA) • NJPA,082114 0 1t'iAi y AtUti6Y-Ah1C11 LS rkiCinl WI telt kit Evil,Adu ll co y'f it?i 1h1S RI iOil " r len ce§J IA iii( b I�dpaer-'�xSfull I esti 141 `1 1 1--LC Your proposal is hereby accepted and awarded. As an awarded l'roposer. you arc now bond to provide the defined product/equipment and services contained in your proposal offering according to all terms,conditions,and pricing set forth in this RFP,any amendments to this RFP,your Response,and any exceptions accepted or rejected by NJPA on Form C. The effective start date of the Contract will be_Se. • , , ,20 14 and continue for four years from the board award date. This contract has�the e . n ion ol'n fifth y a renewal option at the discretion of NJPA. National.loin) Powers Alliin � . e ,. C ( 0A coot*,V NJPA Executive Director (Nac printed or t b`t%). ` (N 1 Ylkd) Awarded this Iday of ,Syli P� ,20 II-1 NJPA Contract Nuumher 082114 NIDE U �V NJPA Authorized signature: I� rG kn i JJ/�,l (p N.PA Board Member (Name printed or typed) Executed this \tO day of wfIY\ CA .20_�GI NJPA Contract Number(142114 It�;1 S(, • Proposer hereby accepts contract award including all accepted exceptions and NJPA clarifications identified on FORM C. Vendor Name /K Ll5e0 .)POPJ5 Lag GM (111G, C. LL Vendor Authorized signature: Q L.lt�l nr1 1 ER�EI(.1� etc.E �(ZE. l(l=.h� (Name printed or typed) Title: laecuted this_43_4r1 day of.9ivj ogiv .20 14 _- - -- N.II'A Contract Number 11821 to it I,;ft I II 1 I Form F I ' N. j DEQ E$ASSURANCOF COMPLIAN�,L ,kcbarPA Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, representing the persons, firms and corporations joining in the submission of the foregoing proposal (such persons, firms and corporations hereinafter being referred to as the "Proposer"),being duly sworn on his/her oath, states to the best of his/her belief and knowledge: 1. The undersigned certifies the Proposer is submitting their proposal under their true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence, that the Proposer possesses, or will possess prior to the delivery of any equipment/products and related services, all applicable licenses necessary for such delivery to NJPA members agencies nationally,and that they are authorized to act on behalf of,and encumber the"Proposer"in this Contract;and 2. To the best of my knowledge,no Proposer or Potential Proposer, nor any person duly representing the same,has directly or indirectly entered into any agreement or arrangement with any other Proposers, Potential Proposers, any official or employee of the NJPA, or any person, firm or corporation under contract with the NJPA in an effort to influence either the offering or non-offering of certain prices,terms,and conditions relating to this RFP which tends to,or does,lessen or destroy free competition of the Contract sought for by this RFP;and 3. The Proposer or any person on his/her behalf,has not agreed,connived or colluded to produce a deceptive show of competition in the manner of the proposal or award of the referenced contract;and 4. Neither the Proposer nor any officer, director, partner, member or associate of the Proposer, nor any of its employees directly involved in obtaining contracts with the NJPA or any subdivision of the NJPA, has been convicted of false pretenses,attempted false pretenses or conspiracy to commit false pretenses,bribery,attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985;and 5. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request and other documents of this solicitation and that any and all exceptions have been noted in writing and have been included with the proposal submittal;and 6. If awarded a contract,the Proposer will provide the equipment/products and/or services to qualifying members of the NJPA in accordance with the terms, conditions, scope of this RFP, Proposer offered specifications and other documents of this solicitation;and 7. The undersigned,being familiar with and understand the expectations requested and outlined in this RFP under consideration, hereby proposes to deliver through valid requests, Purchase Orders or other acceptable forms ordering and procurement by NJPA Members. Unless otherwise indicated, requested and agreed to on a valid purchase order per this RFP, only new, unused and first quality equipment/products and related services are to be transacted with NJPA Members relating to an awarded contract;and 8. The Proposer has carefully checked the accuracy of all proposed products/equipment and related services and 11 listed total price per unit of purchase in this proposal to include shipping and delivery considerations. In addition, the Proposer accepts all general terms and conditions of this RFP, including all responsibilities of commitment as outlined and proposed;and 3 9. In submitting proposal,this it is understood that the right is reserved by the NJPA to reject any or all proposals and it is agreed by all parties that this proposal may not be withdrawn during a period of 90 days from the date proposals were opened regarding this RFP;and 10. The Proposcr certifies that in performing this Contract they will comply with all applicable provisions of the federal,state,and local laws,regulations,rules,and orders;and 11. The Proposer understands that submitted proposals which are marked"confidential"in their entirety,or those in which a significant portion of the submitted proposal is marked "nonpublic" will not be accepted by NJPA. Pursuant to Minnesota Statute §13.37 only specific parts of the proposal may be labeled a "trade secret." All proposals are nonpublic until the contract is awarded;at which time, both successful and unsuccessful vendors' proposals become public information. 12. The Proposer understands and agrees that NJPA will not be responsible for any information contained within the proposal. 13. By signing below, the Proposer understands it is his or her responsibility as the Vendor to act in protection of labeled information and agree to defend and indemnify NJPA for honoring such designation. Proposer duly realizes failure to so act will constitute a complete waiver and all submitted information will become public information; additionally failure to label any information that is released by NJPA shall constitute a complete waiver of any and all claims for damages caused by the release of the information. !The rest of this page has been left intentionally blank. Signature page below' 4 ai By signing below,Proposer is acknowledging that he or she has read,understands and agrees to comply with the terms and conditions specified above. Company Name: tvi 0;ks._z ni,-skii_iutnLn,,s>_t—LA' • Contact Person for Questions: IlI trbatrtt 1?ttxIN (Must be individual who is responsible For tilling out this Proposers Response Corm) Address: 100 I Mt n.•...ft,tif. wa:41. PC I;ttx 2408 City/State/Zip: <3:4kttlatc1:tat. In 525 77-1244 Telephone Number: 800-756,-1205 Fax Number: 800-174-<.402 l mail Address: tuuMce0.a:ctn.rstctMfii).nit,Msca1.cotlt Authorized Signature: C:4 a.'Y1/y\ )...t. ,hk.(!Lk/ Authorized Name(typed): I.t I:az rrcirut Title: V ice Pru4icivnt Date: n'twist I . 20I4 . Notarized 61/ Subscribed and sworn to before mc this / day of h ✓CLOt ,20_P—f Notary Public in and for the County of M(1LOet(i'j/1,1 State of— W & My commission expires: —7-- lb — /5 Signature: LL,LM _ 1,1( OP at MEttSSA M MCNALLr St coi �: ...,��roti ci 741629 5 Form I' PROPOSER QUESTIONNAIRE: Payment Terms,Warranty, Products/Equipment/Services, Pricing and Delivery, Industry Specific Proposer Name: Musco Sports Lighting, LLC Questionnaire completed by: Barbara Davis l'ayment Terms and Financing Options I) Identify your payment terms if applicable. (Net 30,etc.) Pyament of 25% of the contract price is required with order. The contract balance is due net 30 days from shipment. Late payment will be subject to a service charge of 1.5%per month (18%APR). 2) Identify any applicable leasing or other financing options as defined herein. Masco Finance offers a Municipal Lease-Purchase Program to provide funding opportunities which many public entities need for facility improvement such as sports lighting. The program provides a flexible, cost- effective means of funding essential renovations. See Attached Supporting Documentation: - Municipal Lease-Purchase Program Musco Finance offers a commercial financing program which provides the funding opportunity many entities need for facility improvements. The program provides cost-effective means of funding essential renovations and offers flexible payment schedules to match an entity's cash flow. We also offer financing programs for Community and Volunteer Organizations, Little League organizations, and have teamed with the US Soccer Foundation to offer financing to soccer organizations so they are able to light their fields. Sec Attached Supporting Documentation: - Commercial Financing Program - Financing for Community and Volunteer Organizations - Abaco'ti Finance Program for Little League - U.S.Soccer Foundation ®Lighting Finance Program 3) Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be modified or refined during an NJPA member's final Contract phase process). Following is Musco's sales process to be used for a NJPA awarded contract: • Establish the value and price for the lighting solution with which the customer is comfortable. • l'resent information about NJPA as a means by which they can purchase what they want at a beneficial price without having to go through the public bid process. • Educate the customer about N.1PA benefits and the ease of using this Cooperative Purchasing Agreement. • Provide customer with the NJPA membership application form, assist with filling out if needed, and ensure customer knows where to submit completed application. • Quote& PO to reflect N.IPA contract number and award expiration date. • Determine delivery date,manufacture,deliver and/or install product. • Quarterly pull report of NJPA purchases and submit. Report to show name & address of purchasing agency, NJPA member number, purchase amount, NJPA fee, order & ship date, and description of purchased product. Submit to N.1PA with copy to Masco Accounting Department. • Upon receipt of NJPA invoice,payment will be made. a. Please specify if you will be including your dealer network in this proposal. If so, please specify how involved they will be. (For example, will he Dealer accept the P.O.?), and how are we to verify the specific dealer is part of your network? Not Applicable. 4) Do you accept the P-card procurement and payment process? Musco Sports Lighting does not have the P-card procurement and payment process. Warranty 5) Describe, in detail, your Manufacture Warranty Program including conditions and requirements to qualify, claims procedure, and overall structure. Musco Sports Lighting,LLC will provide all materials and labor to maintain operation of its lighting system to original design criteria for 25 years,or until maximum hours of coverage have accumulated,whichever comes first. Musco products and services are guaranteed to perform for the customer as detailed in the "Musco Constant 25"document. See Attached Supporting Documentation: - Musco Cnustaut 25— Terms and Conditions(M-1291-enUS-8) 6) Do all warranties cover all products/equipment parts and labor? Yes 7) Do warranties impose usage limit restrictions? No 8) Do warranties cover the expense of technicians travel time and mileage to perform warranty repairs? Yes 9) Please list any other limitations or circumstances that would not be covered under your warranty. Warranty contract does not cover: Maintenance, repair or replacement necessitated by loss or damage resulting from any external causes such as, but not limited to, theft, environmental conditions, negligence, misuse, abuse, improper electrical/power supply, unauthorized repairs by third parties, attachments, damage to cabinetry, equipment modifications, vandalism, animal or insect invitation, physical damage to Covered Products parts or components, failure of existing structures, supporting electrical system or any non-Musco equipment, or acts of God/nature (including, but not limited to: earthquake, flood, tornadoes, typhoons, hurricanes or lightning). 10) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs. How will NJPA Members in these regions be provided service for warranty repair? All geographic regions of the United States and Canada are provided with a certified technician to perform warranty repairs. Equipment/Product/Services,Pricing,and Delivery 11) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. Musco Systems and product: Light Structure Green"'for new outdoor lighting applications,engineered as 5 Easy Pieces designed to the customer's needs,which offers unequaled performance. It cuts operating costs in half,reduced off-site spill ight by 50%, eliminates 100% maintenance cost for 25 years, and provides guaranteed Constant LightT' levels. SportsCluster GrecnTM for outdoor and indoor retrofit applications. It is a modular photometric unit, factory aimed and tested,to perform from a customer's choice of structure, making an easy retrofit of old equipment. Light-PakTM New and retrofit applications for indoors. Energy-efficient, indoor sports lighting that operates at a choice of two energy levels for improved cost control. Licht Structue Green"-LED Luminaire as a light source for certain applications such as parking lots, large area, security, or egress lighting. Musco's sales team works with customers to determine if LED is the right solution for their lighting project. See Attached Supporting Documentation: - Musco Systems to Meet Your Sports-Lighting Needs(E-1080-3) - Light-Structure Greed''"LED Luminaire(M-1783-en US-I, page8) 12) Provide a general narrative description of your pricing model identifying how the model works (line item and/or published catalog percentage discount). Musco Sports Lighting provides an engineered-to-order system upon which RFP pricing is based. The price list should not be considered complete and exhaustive due to the nature of each project being a unique,design- build situation. Extreme spill and glare concerns,pole locations,and wind zone variance may affect price. RFP quoted pricing is for the most common field designs based upon structural code and utilizing IBC 2009, 90MPH,Exposure C. Installation services arc available on a per-project basis dependent upon Musco's compliance with state and local licensing requirements. Labor and materials for complete installation including foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing. Installation pricing for this proposal is a discount off RS Means pricing of 5%(five percent). See Attached Supporting Documentation: - NJPA Pricing Spreadsheet 13) Please quantify the discount range presented in this response pricing as a percentage discount from MSRP/published list. The percentage discount from list prices offered under this bid is 5%(five percent). 14)Provide an overall proposed statement of method of pricing for individual line items, percentage discount off published product/equipment catalogs and/or category pricing percentage discount with regard to all equipment/products and related services and being proposed. Provide a SKU number for each item being proposed. Musco Sports Lighting provides an engineered-to-order system upon which RFP pricing is based. 15)Propose a strategy,process,and specific method of facilitating"Sourced Equipment/Products and/or related Services" (AKA,"Open Market"items or"Non-Standard Options"). Musco will work with the NJPA member with regard to pricing and delivery of any non-standard options which would be desired, agree upon desired outcome, reflect this in the customer quote for customer use in issuing the PO. 16)Describe your NJPA customer volume rebate programs,as applicable. Not Applicable 17) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included "Pricing" submitted with your proposal response. Identify to whom these charges arc payable to and their relationship to Proposer. Not Applicable 18) If freight,delivery or shipping is an additional cost to the NJPA member,describe in detail the complete shipping and delivery program. Shipping and handling/freight is included in product pricing. Normal delivery is four to six weeks from notice to proceed. 19) As an important part of the evaluation of your offer, indicate the level of pricing you are offering. Prices offered in this proposal are: a. Pricing is the same as typically offered to an individual municipality,Higher Ed or school district. X b. Pricing is the same as typically offered to GPOs,cooperative procurement organizations or state purchasing departments. c. Better than typically offered to GPOs,cooperative procurement organizations or state purchasing departments. d.Other; please describe. 20) Do you offer quantity or volume discounts? YES X NO Outline guidelines and program. 21) Describe in detail your proposed exchange and return program(s)and policy(s). Musco Sports Lighting provides an engineered-to-order system and therefore does not require an exchange and return program. However, Musco agrees that an exchange will be granted for any defective on-arrival product. Musco's 25 year warranty ensures product will perform to designed criteria. 22) Specifically identify those shipping and delivery and exchange and returns programs as they relate to Alaska and Hawaii and any related offshore delivery of contracted products/equipment and related services Musco shipping & delivery and exchange & returns programs arc the same for Alaska and Hawaii and any related off shore delivery as they are for the United States and Canada. 23) Please describe any self-audit process/program you plan to employ to verify compliance with your anticipated contract with NJPA.Please be as specific as possible. A self-audit process is in place specifically intended to verify compliance of cooperative purchasing contracts on a quarterly basis. - Administrative Coordinator pulls quarterly contract sales report for the cooperative purchasing award and its associated fee for that time period. - Each contract project PO is checked and validated that it is an awarded contract purchase. - Project awarded contract fee is validated as correct. - When validation complete,report sent to cooperative purchasing contract. - As a checks and balances process,Administrative Manager pulls a Method of Purchase by Type report on a quarterly basis and a comparison is done with quarterly contract sales reports to ensure totals for an awarded contract matches on both reports. - Invoice documents for projects of a contract member are available for review upon request. Industry Specific Items n/a Signature: {Q/)/2/I'1 „F/L't.e4A., Date: 0-/q-i 7 Municipal Lease-Purchase Program The flexible and affordable way to finance your lighting project today Make your project happen • The municipal lease-purchase program,offered by Musco Finance provides the funding opportunity many public entities need for facility improvements such as sports lighting and other equipment. The program provides a flexible,cost-effective means of funding essential Allp101111Iz-- renovations and,in many areas,may eliminate much of the time and expense associated with selling bonds for a project. A known set expense can be budgeted annually; freeing you from budget uncertainties and lowering cash flow impact. Start seeing the benefits now •Added revenue from expanded use of your facility can help O • make next year's payment •Lower energy and operating costs with upgraded,energy-efficient • Musco systems •Avoid inflationary pressures by completing your project at current prices • The program makes funding easy •No down payment required •No payments for up to one year •Fund up to 100%of project costs,including installation •Low,fixed interest rates •Flexible payment schedules with terms of up to 10 years •No bond election, simply an agenda item for board/council approval •Does not constitute debt or encumber future councils •Ability to finance other improvements under one lease-purchase agreement Example of Financing Structure Project total: S100,000 Down payment: SO Annual payments(5): 523,508 Example based on a 5.5%interest rate.Interest rates are subject to change without notice. Make your recreation dreams a reality now Musco Finance can tailor a funding solution to suit your needs.Your organization can begin to enjoy new lighting at your facility now,and you'll have the peace of mind knowing you have provided a quality system that will last for many years to come. Call 800/825-6020 today to make your sports-lighting dreams a reality. 0000 Some restrictions may apply All financing is sublrct IUSCO to credit approval and the completion of mutually acceptable documentation. Po meQ"' Commercial Financing Program The flexible and affordable way to finance your lighting project today Make your project happen * The commercial financing program,offered by Musco Finance", provides - the funding opportunity many entities need for facility improvements such as sports lighting and other equipment. i "MI5 The program provides cost-effective means of funding essential renovations and � offers flexible payment schedules to match your cash flow. w. A known set expense can be budgeted annually;freeing you from budget : *' ". • -.- uncertainties and lowering cash flow impact. Start seeing the benefits now •Gain revenue from expanded use of your facility to help make next year's payment 11 _ALL,. •Lower energy and operating costs with upgraded,energy-efficient Musco Green Generation Lighting systems fli •Avoid inflationary pressures by completing your project at current prices - - The program makes funding easy `y •Only 25% down payment required igi ;���~� •No additional payments for up to one year •Funding solutions available for Musco equipment and associated installation costs •Fixed interest rates t •Financing available for up to 5 years •Flexible payment schedules to match revenue streams Example of Financing Structure • Project total: $100,000 Down payment: S25,000 Annual payments(5): S19.445 Example based on a 8.95%interest rate.Interest rates are subject to change without notice - - '--=--J Make your recreation dreams a reality now Musco Finance can tailor a funding solution to suit your needs.Your organization can begin to enjoy new lighting at your facility now,and you'll have the peace of mind knowing you have provided a quality system that will last for many years to come. Call 800/825-6020 today to make your sports-lighting dreams a reality. 0000 tcr oe.restrictions may apply All financing is subject i i 1uSCo to credit it approval and the completion of mutually acceptable documentation. QQ r ryIgE , Financing for Community . and Volunteer Organizations The flexible and affordable way to finance your lighting project today Make your project happen * Musco recognizes the challenges of raising funds and is equipped to help make your lighting projects happen. The financing options, provided by Musco Finance',turn your lighting dreams into realities. We understand that up-front funding can be hard to get,and we're pleased to offer a program that can help make financing happen for you. The program tailors payment 041111Mft 1 schedules, as well as financing terms to meet your needs and provides attractive, fixed interest rates. Start seeing the benefits now •Gain revenue from expanded use of your facility to help make next year's payment •Lower energy and operating costs with upgraded.energy-efficient PLII" Musco Green Generation Lighting:systems •Avoid inflationary pressures by completing your project at current prices The program makes funding easy •Only 25% down payment required •No additional payments for up to one year •Funding solutions available for Musco equipment and associated ' installation costs 'Mil •Fixed interest rates •Financing available for up to 5 years •Flexible payment schedules to match revenue streams •No personal guaranty required of board members Example of Financing.Structure Project total: S100,000 Down payment: 525,000 4.;.;,; (T• Annual payments (5): 519,445 r• sem- Example based on a 8.95%interest rale.Interest rates are subject to change without notice. Make your recreation dreams a reality now Musco Finance can tailor a funding solution to suit your needs.Your organization can begin to enjoy new lighting at your facility now,and you'll have the peace of mind knowing you have provided a quality system that will last for many years to come. Call 800/825-6020 today to make your sports-lighting dreams a reality. 0000 Some restrictions may apply All financing is subject MUSCD to credit approval and the completion of mutually acceptable documentation. QIIiZ/1 r jY @IT Musco's Finance Program for Little League° The flexible and affordable way to finance your lighting project today Musco recognizes the challenges of raising funds and is equipped to help make lighting projects happen. Musco has teamed up with Little League • _ Baseball and Softball to help leagues turn their lighting dreams into realities. Musco Finance`is pleased to offer a program that can help make financing happen for you. the program tailors payment schedules,as well as financing terms to meet l Y �� your needs and provides attractive,fixed interest rates. 14 Start seeing the benefits now • ' •Gain revenue from expanded use of your facility to help make — next year's payment •Lower energy and operating costs with upgraded,energy-efficient Musco Green Generation Lighting::systems •Avoid inflationary pressures by completing your project at current prices • ' • The program makes funding easy 4. •Only 25%down payment required • •No additional payments for up to one year •Funding solutions available for Musco equipment arid associated ..••' installation costs ----- *--T" ^r •Fixed interest rates -- ' •Financing available for up to 5 years •Flexible payment schedules to match revenue streams •No personal guaranty required of board members Example of Financing Structure — Project total: $100,000 _rye Down payment: $25,000 • -- Annual payments(5): $19,445 Example based on a 8.95%Interest rate.Interest rates are subject to change without notice. Make your recreation dreams a reality now �"° Musco Finance can tailor a funding solution to suit your needs.Your organization can begin to enjoy new lighting at your facility now,and you'll have the peace of mind knowing you have provided a quality system that will last for many years to come. `�0lf lr4G` v�.� LE%CG e (1`B as F6p� • %FIB ALS'.. ii; Call 800ghting 20 today to make your ^^O _ sports-lighting dreams a reality. 00 $ome restrictions may apply.All financing is subject MUSC0 to credit approval and the completion of mutually acceptable documentation. t LIR n Engrg U.S. Soccer Foundation® Lighting Finance Program The flexible and affordable way to finance your lighting project today Musco Finance"has teamed up with the U.S.Soccer Foundation to help leagues turn their lighting dreams into realities.We understand that funding can be hard jto get,so we are pleased to offer a program that can help make financing happen for you.The Foundation provides an opportunity for soccer organizations that were i ,- o r unable to secure a conventional loan to install a lighting system immediately. iiiira Start seeing the benefits now •Gain revenue from expanded use of your facility to help make next year's payment •Lower energy and operating costs with upgraded,energy-efficient Musco Green Generation Lighting systems •Avoid inflationary pressures by completing your project at current prices ....)41.4%S'- The program makes funding easy , . •Only 25%down payment required y - •No additional payments for up to one year •Funding solutions available for Musco equipment and associated . - installation costs • • --�� •Fixed interest rates •Financing available for up to 5 years •Flexible payment schedules to match revenue streams •No personal guaranty required of board members Example of Financing Structure Project total: S100,000 Down payment S25,000 Annual payments(5): S19,445 Example based on a 8.95%interest rale.Interest rates are subject to change without notice. Make your recreation dreams a reality now •.1,0: .....,64,,,.,.. 1.7.-,-.„_ The U.S.Soccer Foundation Lighting Finance Program can provide your league with ,.. . " . a customized funding solution to suit your needs.Your league can begin to enjoy new lighting at your facility now,and you'll have the peace of mind knowing you ii have provided a quality system that will last for many years to come. Call 800/825-6020 today to make your sports-lighting dreams a reality. 'l����� SOCCER Some restrictions,may apply.All financing is subject FOUNDATION to credit approval and the completion of mutually /�I�I�) acceptable documentation. /',000 mUSCD ry/ Vi �Vif yy�\! v/ yIv ' / .1,��. / 1;/ yIV- ayiy/ a \I \( , v!\,/ \(\/� _V�%VV8,i MU 25'IM -.... „..... . • ,' 25.Year Product Assurance&Warranty Program a • Musco Sports Lighting,LLC will provide all materials and labor to maintain operation of your lighting system to original design •�r :-�. criteria for 25 years,or until maximum hours of coverage have accumulated,whichever comes first.Musco products and a services are guaranteed to perform on your project as detailed in this document. . . Light Average Constant Light'illumination levels are guaranteed through Musco's Smart Lamps power regulator and service technology. a .,-..,. _ Musco will electronically monitor lamp operation and operating hours,and will group re-lamp as described in the Project Details on the _� following page. -� .`- Individual lamp outages that occur during the lamp warranty and maintenance period are repaired when the usage of any field is materially impacted.If actual usage exceeds the maximum hours of coverage,the customer will be required to purchase lamp replacements in order i ' to maintain the warranty to the end of 25 years. Y a >„_ Energy Consumption • Average and maximum energy consumptions for your lighting system are guaranteed.Exhibit A provides a 25-year energy cost I model based upon the customer provided utility rate and anticipated hours of usage.Changes in rates or usage will proportionately > change the costs. =a Monitoring, Maintenance and Control Services --- Musco shall monitor the performance of your lighting system,including on/off status,hours of usage and lamp outages.If fixture outages i - that affect playability are detected,Musco will contact you and proactively dispatch technicians. -� On-off control of your lighting system is provided via an easy-to-use web site scheduling system,phone,fax,or email. Our trained Control-Link CentralT61 service center staff is available toll-free 24/7.Regular usage reports are always available on Control-Link Central's web site. Spill Light Control a • • Spill light readings at identified locations are guaranteed to be controlled to the values provided in Musco's design documents for your -aa !.:"*” project,shown in Exhibit B. a , Structural Integrity )_ Your project has been designed to -....- • - Structural integrity of equipment manufactured by Musco is guaranteed. -� _a a._ re- a_ J ' - Musco has a team of people to ensure fulfillment of our product and services warranty(Exhibit C)and maintains financial -! reserves dedicated to support our fulfillment of this warranty. Please keep this document as your signed contract guaranteeing - comprehensive service for the 25 year period. -Page 1 of 3- '--- _ . \ A/'\ /\ i\ /\ A/\,i\ i\,\ l i\ >\ ,t \ 1 A,', AA j' i\ _ J\ /\ I\ / R. i\ /\,\ %t,/\ l moos.muVega swu14041.U.0 , • • • 1 1 • l�, i IVNr. \,.0 s� . s; ;,r r -. r.. , s 1IE&D 25 _......,,...._....,. ,,,,,:1,--,42. ... ey Prog 25-Y >,-- Project Details • " Project Name: Project Number: ,s Owner: -- City: - -- - - State:• ----- �' ,-- - Product(s)Covered: -s �-' Date Issued: Expiration: or maximum hours of coverage noted below,whichever occurs first - Total Average kW per hour: Total Maximum kW per hour:__. : ;� ...- 5. •-i Musco products and services are guaranteed to perform on your project as follows: r • Average Estimated Target Total Annuall25- Maximum Fixture Lamp Type/ Constant Uniformity Relamps Year Estimated Hours of FieldIZone Quantity Lamp Hours Light Level MaxlMin Included Usage Hours Coverage • No.- I."; a . f- a l. � • -Page 2of3- > t. `\ /\ i\ /\ ,'• /\;\ / '\ /\ i-\ / r\ 1\ i'% I\1\ i\ / 1 1\ /\ / 1\ I\ 1\ 1\. i'. A /\ )' I\ f\ /\,`\ /\,' 02M2012Nom Slob tj1 LLC YtA,Wlta 1 i / \/\\f\f\i\/ \f \,/ \/\i\i \,i \/\ ..V \r' \"� \i/ \,/ \l / l ! !v\v \/ \, V\, i !/ �V . > 9/b:,1 s . iSCO/ C61145/471th 2 5 .__ .. „,,,,,,...: c) i y( �s 25-Year Product Assurance&Warranty Program -...., x� Terms and Conditions "...” K Service under this Contract is provided by Musco Sports Lighting,LLC('Musco`) 5. Contract Limitations: r r. . x` or an authorized servicer approved by Musco. Services performed under this a.EXCLUSIONS FROM COVERAGE: IN NO EVENT WILL MUSCO Contract shall consist of Iumishing labor and parts necessary to restore the ` - x�, operation of the Covered Product(s) to original design arteria provided such BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR > service is necessitated by failure of the Covered Product(s)during normal usage. CONSEQUENTIAL DAMAGES WHICH INCLUDE, BUT ARE NOT ' �- This Contract covers Product(s)consisting of Masco's Green Generation Lighting. LIMITED TO,ANY DELAY IN RENDERING SERVICE OR LOSS OF - x �. with Control-Link.and any additional Musco manufactured product as listed on USE DURING THE REPAIR PERIOD OF THE COVERED PRODUCT(S) page 2. OR WHILE OTHERWISE AWAITING PARTS. •. >4 'We,-us-and-our mean Musco. You and your mean the purchaser of the b. Limitation of Liability: To the extent permitted by applicable law, the x\ Covered Product(s).No one has the authority to change this Contract without the liability of Masco,if any,for any allegedly defective Cove ed Products) prior written approval of Musco.Musco shat not assume responsibility fa their or components shall be limited to repair or replacement of the Covered _ > agents or assignees other than as described below.If there's a conflict between Product(s)or components at Musco's option.THIS CONTRACT IS YOUR >, the terms of this Contract and information communicated either orally or in writing SOLE EXPRESS WARRANTY WITH RESPECT TO THE COVERED >! by one or more of our employees or agents,this Contract shat'control. PRODUCT(S). ALL IMPLIED WARRANTIES WITH RESPECT TO - THE COVERED PRODUCT(S)INCLUDING,BUT NOT LIMITED TO, ,� }. Additional Provisions IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ti A PARTICULAR PURPOSE,ARE HEREBY EXPRESSLY EXCLUDED. -( >: 1. Availability of Service: Contro6Link Central operators shall be available • x� 2417 via web site, phone, lax,or email. Maintenance service specialists c For the purposes of and by your acceptance of this Contract you ).-', shall be available SAM to SPM Central Time,and services shell be rendered acknowledge and agree that if a surety bond('Bored')is provided the .�� during these same hours in your local time zone,Monday through Friday warranty and/or maintenance guarantee provided for in this Contract K. (with the exception of national holidays).Hours of operation are subject to and any corresponding liability on behalf of the issuing surety under the '", change without notice to you.Musco will exercise all reasonable efforts to Bond is limited to the first twelve(12)months of said warranty and/or ", maintenanceguarantee perform service under this Contract,but will not be responsible for delays or coverage period.Any warranty and/or guarantee �'. x, failure in performing such services caused by adverse weather conditions, coverage period in excess of said initial 12 month period does not fall acts of any government,failure of transportation,accidents,riots,war,labor within the scope of the Bond and shall be the sole responsibility of Musco. x\i actions or strikes or other causes beyond its control. d Musco requires reasonable access for a crane or man lift equipment to "---- 2. Determination of Repairs: Musco will utilize the field monitoring system service the lighting system.Masco will not be responsible for damage . and any information provided by the customer to determine when the from operating the vehicle on the property when the equipment is usage of the field is materially impacted.From this information,Musco will operated in the prescribed manner over the designated access route. "� determine needed repair and/or replacement of Covered Producl(s)and 6. Transfer and Assignment: Except to owners, you shall not have the parts.Repair will be with product(s)of like kind and quality. right to assign or otherwise transfer your rights and obligations under - 3. Your Requirements Under this Contract: You must meet all electrical successor in interest b this Contract except with the prior written consent of Musco;however,a mer er, r '� . �. and installation requirements as specified by the manufacturer.In addition, Y 9 anon of law,assignment or purchase you promise and assure:full cooperation with Musco,Musco's techniciansor otherwise of your entire business shall acquire at of your interests under and authorized servicers during telephone diagnosis and repair of the this Contract Covered Product(s);reasonable accessibility of the Covered Product(s);a 7. Governing Law: Unless otherwise governed by applicable state laa, the . non-threatening and safe environment for service. Contract shall be interpreted and enforced according to the laws of the State - You agree to check fuses and to replace fuses as needed.Musco provides Of Iowa. )` spare fuses in the lowest alpha-numeric numbered enclosure Musco will 8. Subrogation: In the event Musco repairs or replaces any Covered ---..`. replenish spare fuses used. Product(s),parts or components due to any defect for which the manufacturer You agree to keep your Green Generation Lighting system online. This or its agents or suppliers may be legally responsible,you agree to assign -., means keeping the required control voltage to the control system at all your rights of recovery to Masco.You vitt be reimbursed for any reasonable times. Any deviation from this practice must be discussed with Musco's costs and expenses you may incur in connection with the assignment of Warranty Department. your rights.You will be made whole before Musco retains any amounts it may recover 4. Service Limitations - This Contract does not cover: Maintenance, ` repair or replacement necessitated by loss or damage resulting from any external causes such as,but not limited to,theft,environmental conditions, negligence,misuse,abuse,improper electrical/power supply,unauthorized Signature: repairs by third parties, attachments, damage to cabinetry, equipment modifications. vandalism, animal or insect infestation, physical damage Vice President of Sales i to Covered Products parts or components, failure of existing structures. . X i supporting electrical systems or any non-Musco equipment,or acts of God! < <— nature(Including,but not limited to:earthquake,flood,tornadoes,typhoons, • hurricanes or lightning). _ -Page3of3- / ` �\ �/\ J h'\�^' i\ i'`%h\ i\ i \i\ " a\ I\ \f' /\ a i\ ' i\ / \ /\ i' a\ a\ a\ ,' - • - 07335.aor2Yusoospnnslg'r ,ILC ' - X X YUirasAJ i Musco Systems to Meet Yo!!r Sports-Lighting Needs Light-Structure Green' Outdoor:New Lighting Applications Still engineered as 5 Easy Pieces-, Light-Structure Green" offers unequaled performance for your budget, Nig. A.011. for the environment. •Cuts operating costs in half •Reduces off-site spill light by 50% •Eliminates 100%maintenance costs for 25 years, including lamp replacements •Provides guaranteed Constant Light'"levels SportsCluster Green' Outdoor&Indoor:Retrofit Applications _ T+ `T '' A modular photometric unit, factory aimed and tested,to perform from your choice of 41$' 11. ' ' i structures, making retrofit ',Pi s s of old equipment easy. 1.1 •Cuts operating costs in half •Reduces oft-site spill light by 50% Ili •Eliminates 100%maintenance costs for - -- -- 10 years, including lamp replacements { •Provides guaranteed Constant Light'levels c Light-Pak' ,li Indoor: New and Retrofit Applications 3 Energy-efficient, indoor sports . • .' - lighting that operates at your • choice of two energy levels ' for improved cost control. _ . •Saves energy costs over alternative systems 4 • , I i 0000 800/825-6020 rUs gis www.musco.com 1 :^ Com`"r� eanaI Monte 0 nnts.:u c6m ' . 190,sl Avenue West 7 PO Mx 808 se's .,. .` -- is. - Oskaloosa lona S75// •*4 ''• .•41 0,•4 We Make It Happen. 54t,�13.94tl•Iao 8417073.4857 : `j; 4. �''t , .`.2005.2010 Masco Sands Lglr n0 LLC 1.10803 ..•7r ,�, 0411096,0567422.0567433,0573752.0574098.0577149.0593E83 5398478.5428577.5600537. 6036338.6203176. 6250596.69E9034.7059572.7176615.7452108.7500764.7527393 7547118. 7675251.7600901.7736024.7740381. Cana P480'9 11,200530139426 7.ZL200680008460 2. Z1200680008829 X 71-200680008830 2,71,200680008832 1 U.S and mean 04ee019 penanp % ( § § m 0 \co » « 2 ?,a , N. ! mA 8 % mG 4 4G g § $ e % E @ ( 3 L Q in0 s �. cc remm j Gm § ° $ § ) ^ pR8 $ CO in 2 \ COco « R a. E jo = § k to N- o $ k \ m@ \ / ). • 5 ' ` U)Z \ \— Z _ 0 CU CV / j [ / \ / \ � ) ° i« a. 8 § oj omk \ \ \k \ m § Q\/ / 2 cv ( o SCe © ; /� a E 6 A Ar % 4 m q § o � \ ; G r § G f }§ 0 / < b NI} ¥ ® OGW 2 © m . .A ;) \ / k e � @ m \ / ) ` j} � 0 • $ < / A S § ; 7 m ° ° `� g r COcsi IV' = - \ ,,,r R- 0 ) ) 27- 5' « ct } _ cn 7 / % aq7 ¥ E 13= : r © _ - _ 12- z 0. . < 0� < ) a ) j ) j ) % )`} \o ® 46. Q _ § f 76 I\ / I \o j _ cc - o � � . (` )� - � \ ƒE ± \ 1 i. \\ /0O C- j � Ilk a � ) a ; s22 2 � � § �\ ) 3 . fK/ §3 # 7 kk ;«/ #2 !43° . E) {{{f@ % <{ § %! M\k § f !$ | § 21 ` « ! ` 2 \ Roo �Zi�mz ; ;« $,53 6: Ee2 e EXHIBIT C Florida Department of Agriculture and Consumer Services Office of Energy //// `` ATTACHMENT G �_l FEDERAL FUNDING GRANTEE, SUBGRANTEE AND CONTRACTORS PROVISIONS ADAM H.PUTNAM COMMISSIONER PURSUANT TO UNITED STATES DEPARTMENT OF ENERGY AWARDS All subgrants and contracts awarded by the Grantee, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." 2. Copeland "Anti-Kickback" Act(18 U.S.C.874 and 40 U.S.C.276c)-All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland"Anti-Kickback" Act(18 U.S.C. 874),as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall 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 is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of$2000 for construction contracts and in excess of$2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall 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 1 '/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall 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. 5. Rights to Inventions Made Under a Contract or Agreement-Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 10 CFR part 600.325, "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. 6. Clean Air Act(42 U.S.C. 7401 et seq.), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended - Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards,orders or regulations issued pursuant to FDACS-02017 6/16 Page 42 of 45 Florida Department of Agriculture and Consumer Services Office of Energy ATTACHMENT G -4,1\\,), FEDERAL FUNDING GRANTEE, SUBGRANTEE AND CONTRACTORS PROVISIONS ADAM H.PUTNAM COMMISSIONER PURSUANT TO UNITED STATES DEPARTMENT OF ENERGY AWARDS the Clean Air Act(42 U.S.C.7401 et seq.)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 7. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)-Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act, (42 U.S.C. 300h-3(e)) - Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act, (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 10. Compliance with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of sex; (b)Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. 795),which prohibits discrimination on the basis of handicaps; (c)the Age Discrimination Act of 1975,as amended(42 U.S.C. 6101-6107),which prohibits discrimination on the basis of age; (d)the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s)which may apply. 11. Compliance with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Compliance with the provision of the Hatch Act (5 U.S.C. 1501 — 1508 and 7324—7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. FDACS-02017 6/16 Page 43 of 45 i Florida Department of Agriculture and Consumer Services p`r Office of Energy „ ' ATTACHMENT G FEDERAL FUNDING GRANTEE, SUBGRANTEE AND CONTRACTORS PROVISIONS ADAM H.PUTNAM COMMISSIONER PURSUANT TO UNITED STATES DEPARTMENT OF ENERGY AWARDS 13. Comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order(EO) 11514;(b)notification of violating facilities pursuant to EP 11738;(c)protection of wetlands pursuant to EO 11990;(d)evaluation of flood hazards in floodplain in accordance with EO 11988;(e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. 145 I et seq.);(f)conformity of Federal actions to State(Clean Air) Implementation Plans under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C.7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended(P.L.93-205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966,as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.) 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research,development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966(P.L.89-544,as amended,7 U.S.C.2131 et seq.) pertaining to the care, handling, and treatment of warm bloodied animals held for research, teaching, or other activities supported by this Agreement. 19. Compliance with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4801 et seq.)which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L.94-163,89 Stat.871). 21. Assist the Commission in complying with the State Energy Conservation Program as described in the Code of Federal Regulations,Title 10, Parts 420 and 450 and guidance issued by the U.S. Department of Energy and subsequent guidance issued by the U.S. Department of Energy; the Financial Assistance Rules described in Title 10, Part 600, as well as those regulations concerning the use of oil overcharge recovery funds. 22. The Commission reserves the right to transfer equipment acquired under this grant as provided in Title 10, Part 600.117. The Recipient can obtain a release of this right upon application containing certain commitments. 23. Compliance with the Buy American Act(41 U.S.C. 10a-10c) By accepting funds under this Agreement,the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,popularly known as the"Buy American Act." The Grantee should review the provisions of the Act to ensure that expenditures made under this Agreement are in accordance with it. It is the sense of the Congress that,to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement should be American- made. 24. Preservation of open and competition and government neutrality towards contractors' labor relations on federally funded construction projects FDACS-02017 6/16 Page 44 of 45 Florida Department of Agriculture and Consumer Services Office of Energy �� \ ATTACHMENT G !J1� ? FEDERAL FUNDING GRANTEE, SUBGRANTEE AND CONTRACTORS PROVISIONS ADAM H.PUTNAM COMMISSIONER PURSUANT TO UNITED STATES DEPARTMENT OF ENERGY AWARDS a. Unless in conflict with State or local laws, you must ensure that bid specifications, project agreement, or other controlling documents in construction contracts awarded pursuant to this agreement, or pursuant to a subaward to this agreement,do not: 1. Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations,on the same or other related construction project(s);or 2. Otherwise discriminate against bidders, offerors, contractors, or subcontractors for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations,on the same or other related construction project(s). b. The term "construction contract" as used in this provision means any contract for the construction, rehabilitation,alteration,conversion,extension,or repair of buildings,highways,or other improvements to real property. c.Nothing in this provision prohibits bidders,offerors,contractors,or subcontractors from voluntarily entering into agreements with labor organizations. 25. Compliance with the provision included in Title XV and Title XVI of Public Law 111-5,the American Recovery and Reinvestment Act of 2009. 26. Segregation of Costs— Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track, and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. 27. False Claims Act — Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principle, employee, agent, contractor, sub-grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds. 28. Retention of Records:CONTRACTOR shall retain all records relating to this contract for six(5)years after CITY makes final payment and all other pending matters are closed. 29. Compliance with Section 103 and 107 of the contract Work Hours and Safety Standards Act 30. Access to Records:CITY,the Florida Department of Agriculture,the U.S.Department of Energy,the Comptroller General of the United States,and any of their duly authorized representatives,shall have access to any books,documents,papers,and records of CONTRACTOR which are directly pertinent to this contract for the purpose of making audit,examination,excerpts,and transcriptions. 31. Compliance with Section 287.133(2)(a)Public Entity Crimes FDACS-02017 6/16 Page 45 of 45