Contract 2023-120ADocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
AGREEMENT No. 2023-120
SCOREBOARDS, DIGITAL DISPLAYS, AND VIDEO BOARDS WITH RELATED
SERVICES
THIS AGREEMENT, is made and entered into this 28th day of November 2023, 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 NEVCO SPORTS, LLC, whose address is: 301 East Harris Ave., Greenville, IL
62246, (hereinafter referred to as "CONTRACTOR").
WHEREAS, Sourcewell through the public procurement process awarded an Agreement for,
Scoreboards, Digital Displays, and Video Boards with Related Services Contract Number 030223;
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 the Sourcewell Contract Number 030223;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
1. SCOPE OF WORK
The CONTRACTOR shall furnish scoreboards, digital displays, and video boards with related
services as described in the Sourcewell Contract Number 030223, which is attached hereto and
incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and
the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to
purchase or acquire any items or services from CONTRACTOR that is not specified in the CITY's
purchase order. To the extent of a conflict between this Agreement and Exhibit "A", the terms and
conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy,
resolutions and ordinances shall apply.
2. THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the
Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and
incorporated herein.
3. TERM AND TERMINATION
A. This Agreement is to become effective upon execution by both parties, and shall remain
in effect until Tuesday, May 25, 2027 unless terminated or renewed by Sourcewell.
B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice
to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's
convenience upon thirty (30) days written notice to CONTRACTOR b) if
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Piggyback Agreement
Scoreboards, Digital Displays, and Video Boards with Related Services
CONTRACTOR is adjudged to be bankrupt; c) if 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 the 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.
4. PROVISION OF SERVICES AND COMPLETION OF WORK
A. The CONTRACTOR shall only provide to CITY the services contained under the Scope
of Work upon receipt of an authorized order from CITY and shall provide the requested
items in the timeframe and as set forth in Sourcewell Contract Number 030223 or in the
specific purchase order or authorized order submitted by CITY. Nothing herein shall
obligate CITY to purchase any specific amount of product from CONTRACTOR or
create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall
not be obligated or required to pay for any items received until such time as CITY has
accepted the items in accordance with the order provided to CONTRACTOR.
B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it
has an issue or question related to the fulfillment of the order or whether there will be any
delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will
preclude CONTRACTOR from seeking payment of any kind for any items that were
delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option
cancel the order and seek the items from any available source.
C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any
gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or
representative as in compliance with the terms of this Contract shall not operate as a
waiver by the CITY of strict compliance with the terms of this Contract and the CITY
may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas,
and bio-diesel so as to comply with the warranties and specifications hereof.
D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY
to purchase any minimum quantity of product during the term hereof.
5. 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 of products to CITY as
set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for
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all accepted deliveries and undisputed product delivered and services provided, within thirty (30)
calendar days of receipt of the invoice.
6. DISPUTE RESOLUTION - MEDIATION
A. 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.
B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other
matters in question between them by mediation.
C. 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.
7. INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's
Compensation Insurance for all its 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 subCONTRACTOR 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.
7.2. CONTRACTOR's Commercial General Liabilitv Insurance
The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial
General Liability and Business 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 as follows:
A. CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000
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
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C. 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
The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended
to provide coverage on an occurrence basis.
7.3. Indemnification Rider
A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold
harmless the CITY and its employees from and against all claims, damages, losses and
expenses, including but not limited to reasonable attorney's fees, arising out of or
resulting from its performance of the Work, provided that any such claim, damage, loss
or expense (1) is attributable to bodily injury, sickness, 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 such acts are 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; however, this indemnification does not
include the sole acts of negligence, damage or losses caused by the CITY and its other
contractors.
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.
8. 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.
A. CONTRACTOR:
9 Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
Piggyback Agreement
Scoreboards, Digital Displays, and Video Boards with Related Services
• Attn: Linda Leidel
• 301 East Harris Ave., Greenville, IL 62246
A. OWNER:
• City of Clermont
• Attn: Brian Bulthuis, City Manager
• 685 W. Montrose Street, Clermont, FL 3471 1
9. MISCELLANEOUS
9.1. Attornevs' 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.
9.2. 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.
9.3. 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.
9.4. 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.
9.5. Entire Aareement
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.
9.6. Assignment
Except in the event of a 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.
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9.7. 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.
9.8. 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.
9.9. 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.
10. AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement as if
herein repeated.
Document Precedence:
A. This Agreement
B. Purchase Order / Notice To Proceed
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C. An applicable Contractor Quote or Statement of Work
D. All documents contained in the Sourcewell Contract Number 030223.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 1 lth day of
December 2023.
CITY OF CLERMONT
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DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
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030223-NVC
SourcewellW.
Solicitation Number: 030223
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Nevco Sports, LLC, 301 East Harris Ave., Greenville, IL 62246 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Scoreboards, Digital Displays, and Video Boards with
Related 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.
B. EXPIRATION DATE AND EXTENSION. This Contract expires May 25, 2027, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
other rights will cease upon expiration or termination of this Contract.
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.
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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.
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
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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 anytime 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:
• 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
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• 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 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 maybe 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
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
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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.
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;
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• 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,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. 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
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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.
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.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party. For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications. Sourcewell's
responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, maintained, or
disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and
license to use the trademark(s) provided to Supplier by Sourcewell in advertising and
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
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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.
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.
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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.
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:
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• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products -completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability -completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non -owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
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
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4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer's Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional
Liability. During the term of this Contract, Supplier will maintain coverage for all claims
the Supplier may become legally obligated to pay resulting from any actual or alleged
negligent act, error, or omission related to Supplier's professional services required
under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 —annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data — including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
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
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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 endorsements) 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.
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.
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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
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
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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 CONTRACTOR 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).
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.
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§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
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.
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L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre -approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to
this Contract or any purchase by a Participating Entity and is not subject to any obligations or
liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter
resulting from the Contract or any purchase by an authorized user.
0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The
Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and
Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a
Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services,
Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and
Participating Entity are able to assess the actual or potential conflict; and provide any additional
information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources
and support to individuals and organizations associated with terrorism.
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S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it
will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies
that during the term of this Contract will comply with applicable requirements of 2 C.F.R. §
200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier's
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell
DocuSigned by:
By: COFD2A139D06489...
Jeremy Schwartz
Title: Chief Procurement Officer
5/18/2023 1 7:20 PM CDT
Date:
Approved:
% �D�occuSign//e'd/,by:
1/�`^���• 1N
By:
7E42B8F817A64CC...
Chad Coauette
Title: Executive Director/CEO
Date: 5/18/2023 1 7:27 PM CDT
Nevco Sports, LLC
EDocuSigned by:
E,uv
By:
530F6848044443E...
Eric Light
Title: Vice President of Sales and Marketing
5/18/2023 1 3:10 PM CDT
Date:
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RFP 030223 - Scoreboards, Digital Displays, and Video Boards
with Related Services
Vendor Details
Company Name:
Nevco Sports, LLC
Does your company conduct
business under any other name? If
IL
yes, please state:
301 East Harris Ave
Address:
Greenville, IL 62246
Contact:
Eric Light
Email:
elight@nevco.com
Phone:
618-664-0360 7132
Fax:
618-664-0398
HST#:
82-2233879
Submission Details
Created On: Monday February 06, 2023 10:50:12
Submitted On: Wednesday March 01, 2023 10:51:41
Submitted By: Eric Light
Email: elight@nevco.com
Transaction #: 85112ce8-b409-456c-8f4c-687a7217176f
Submitter's IP Address: 12.197.220.58
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach
additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/K if the
question does not apply to you (preferably with an explanation).
Item
Question
Response*
1
Proposer Legal Name (one legal entity only):
Nevco Sports, LLC
(In the event of award, will execute the
resulting contract as "Supplier")
2
Identify all subsidiary entities of the Proposer
Lynx Systems Developers - Manufacturer of Finish Lynx Fully Automated Timing
whose equipment, products, or services are
Systems.
included in the Proposal.
Nevco Sports Marketing - Supplier of Sports Marketing and Sponsorship Services.
3
Identify all applicable assumed names or DBA
Same as Above
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.
4
Provide your CAGE code or Unique Entity
Nevco Sports, LLC unique SAM entity ID # H6LWBL5Q9946 — CAGE Code is
Identifier (SAM):
34000
5
Proposer Physical Address:
301 East Harris Ave.
Greenville, IL 62246
6
Proposer website address (or addresses):
www.nevco.com
7 Proposer's Authorized Representative (name,
Eric Light - Vice President of Sales and Marketing
title, address, email address & phone) (The
301 E. Harris Ave.
representative must have authority to sign
Greenville, IL 62246
the "Proposer's Assurance of Compliance" on
618-664-0360 x 7132(0) 618-699-1750 (M) elight@nevco.com
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):
8
Proposer's primary contact for this proposal
Eric Light - Vice President of Sales and Marketing
(name, title, address, email address & phone):
301 E. Harris Ave.
Greenville, IL 62246
618-664-0360 x 7132(0) 618-699-1750 (M) elight@nevco.com
Proposer's other contacts for this proposal, if
any (name, title, address, email address &
phone):
Linda Leidel - Inside Sales Manager
301 East Harris Ave.
Greenville, IL 62246
618-659-7505 (0) 618-664-2456(M) Ileidel@nevco.com
Table 2: Company Information and Financial Strength
Line Question Response*
Item
10 Provide a brief history of your company, Nevco is the largest privately held manufacturer and provider of scoreboards, LED
including your company's core values, video displays, LED marquees, LED scorers tables and audio systems in North
business philosophy, and industry longevity America. Our business started in 1934 with a core value of providing the highest
related to the requested equipment, products quality most reliable scoring and display products at an affordable price.
or services.
For over 89 years we have provided community park and recreation groups, primary
schools, high schools, colleges and universities, and semi-professional sports
organizations with the most innovative and reliable scoring and display options on
the market.
Nevco is known for its speciality in designing custom athletic facility solutions, quality
of our product, superior customer service and technical support. Nevco primarily
serves the North American Market, but also sells internationally.
Our mission is to enhance the game day experience for players, coaches and fans
through the equipment that we provide.
Please visit: https://vimeo.com/324558950 for a quick video which gives a great
overview of who Nevco Sports, LLC is.
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
11 What are your company's expectations in the As a current contract holder with Sourcewell, we understand and see the value of
event of an award?
the partnership. If we are fortunate enough to be awarded the a contract again, our
expectation would be to utilize all of the wonderful resources available to us to
maximize our contract to help win new business and to serve the needs of the
Sourcewell membership.
I had the opportunity to personally attend a Sourcewell University in TX late last
year. This event really opened my eyes to the global changes in procurement and
how having Sourcewell as a partner can help our mutual customers.
I also had Teresa Fiedler from Sourcewell attend and present at our National Sales
Meeting this January. The goal was to help my entire sales team understand the
changes in procurement, understand the resources available through Sourcewell and
most importantly drive adoption of incorporating Sourcewell into our daily sales
process.
In summary, I hope to continue to build upon the momentum that we have going.
12 Demonstrate your financial strength and
In 2017 Nevco, Inc. was purchased by Dominus Capital, LP a New York, NY
stability with meaningful data. This could
based private equity firm. Their website is: www.dominuscap.com. Our new business
include such items as financial statements,
name is Nevco Sports, LLC.
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Nevco's financial performance substantiates the company's impressive ability to
Upload supporting documents (as applicable)
generate reliable sales and cash flow while also driving continued year -over -year
in the document upload section of your
revenue growth and strong gross margins. Please refer to the attached credit
response.
reference letter from our primary lender (BMO) as well as the confidential financial
information of our revenue, margin and EBITDA (Attachment 1).
13 What is your US market share for the
We estimate that our market share in the United States for the markets that we
solutions that you are proposing?
serve to be about 35%. We are the largest privately held scoring and display
company in North America.
14 What is your Canadian market share for the
We estimate that our market share in Canada for the markets we serve to be
solutions that you are proposing?
about 30%. We are the largest privately held scoring and display company in North
America.
15 Has your business ever petitioned for
Nevco Sports, LLC has never petitioned for bankruptcy protection.
bankruptcy protection? If so, explain in detail.
16 How is your organization best described: is
Nevco Sports, LLC can best be classified as a manufacturer.
it a manufacturer, a distributor/dealer/reseller,
or a service provider? Answer whichever
See attachment 1 for our current sales and marketing organizational chart and
question (either a) or b) just below) best
coverage map. We have an inside and outside sales team that is predominately
applies to your organization.
made up of W2 employees. We have a few 1099 relationships as well. Each of our
a) If your company is best described as
independent sales teams only sell our products, not multi -lines. We assign dedicated
a distributor/dealer/reseller (or similar entity),
territories to each one of our sales consultants. In addition, we have a sports video
provide your written authorization to act as a
sales team (all W2 employees) who work on large complex video display projects
distributor/dealer/reseller for the manufacturer
supporting our field and inside sales teams. We also have a new construction team
of the products proposed in this RFP. If
who serves our dealers in the new construction market. We have complete coverage
applicable, is your dealer network
for North America with our 63 person sales and marketing organization.
independent or company owned?
b) If your company is best described as
See attached sales and marketing organizational chart and coverage map. 98% of
a manufacturer or service provider, describe
our total business is transacted through our direct sales organization. 2% of our
your relationship with your sales and service
total business is transacted through our dealer network predominately in the new
force and with your dealer network in
construction market.
delivering the products and services
proposed in this RFP. Are these individuals
We conduct our service through our in house service team and a network of
your employees, or the employees of a third
hundreds of independent factory authorized installers and service technicians.
party?
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
17
If applicable, provide a detailed explanation
Nevco Sports, LLC is a certified reseller for third -party equipment in the state of
outlining the licenses and certifications that
Illinois.
are both required to be held, and actually
held, by your organization (including third
One of the most important steps in the Nevco process is developing PE
parties and subcontractors that you use) in
(professional engineer) stamped prints. These prints certify a design will withstand
pursuit of the business contemplated by this
all specific site conditions. To generate these stamp prints, Nevco engineers
RFP.
research the exact location (state, city, zip code) and evaluate surrounding
environmental conditions (soil samples, wind zone, etc.). We have the ability to
provide these in all 50 states.
Our network of national installers and service providers hold contractors licenses and
electrical licenses in the markets that they serve.
Additionally, our project managers take care of the logistics with the general
contractor, architect, sign company, electricians, plumbers, and concrete
professionals. The Company established a robust certification process, and only
work with certified general contractors, architects, electrical contractors, and
engineers to provide unparalleled service. Our project managers make sure projects
are within code and ensure proper permits are obtained. We maintain a presence
on -site pre -sale, during installation, and post -sale to see that the project proceeds
according to plan.
18 Provide all "Suspension or Debarment" Nevco Sports, LLC has not had any suspensions or debarments in the history of
information that has applied to your our company.
organization during the past ten years.
Table 3: Industry Recognition & Marketplace Success
Item Question Response*
19 Describe any relevant industry awards or While Nevco is not aware of any specific awards to the scoring and display
recognition that your company has received industry, most inside our industry would agree that recognition comes through a
in the past five years manufacturers's reputation and references. We have won well over one thousand
new projects over the last couple of years. We are often featured in press releases
and news articles about our projects. In the attached document, I have attached a
few examples of some recent projects that we have been publicly recognized for
(See Attachment 1).
20
What percentage of your sales are to the
governmental sector in the past three years
Government sales as a percentage of our total sales the past three years is 15%.
21
What percentage of your sales are to the
Education sales as a percentage of our total sales the past three years is 85%.
education sector in the past three years
22
List any state, provincial, or cooperative
We have the following state and national cooperative purchasing agreements:
purchasing contracts that you hold. What is
the annual sales volume for each of these
Sourcewell
contracts over the past three years?
BuyBoard
Costars
Equalis
I have included a chart of our sales history for the past three years for each of
these cooperative purchasing contracts (See Attachment 1).
23 List any GSA contracts or Standing Offers We do not have a GSA contract, but we do participate in SAM (System of Award
and Supply Arrangements (SOSA) that you Management) through the Federal Government. Nevco Sports, LLC unique SAM
hold. What is the annual sales volume for entity ID # is H6LWBL5Q9946 and our CAGE Code is 34000.
each of these contracts over the past three
years?
Table 4: References/Testimonials
Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name *
Contact Name *
Phone Number*
Effingham High School
David Woltman- Activities Director
217-821-9589
University of North Florida
Nick Morrow - Director of Athletics
904-304-2583
Grand Rapids High School (MN)
Anne Campbell - Activities Director
218-327-5766
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
Table 5: Top Five Government or Education Customers
Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity
type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three
years.
Entity Name
Entity Type *
State / *
Scope of Work *
Size of Transactions *
Dollar *Volume Past Three
Province
Years
Del Valle
Education
Texas - TX
LED Video Display, Scoreboard,
$964,918.00
$964,918,00.
Independent
Audio System and Control Room
School District
Southern
Education
Illinois - IL
LED Video Display, Scoreboards
$300,375.00 / $100,000.00
$400,375.00
Illinois
and Audio System
University
Lees Summit
Education
Missouri - MO
LED Video Displays and
$564,605.00
$564,605.00
R-VII School
Scoreboards
District
Yale University
Education
Connecticut - CT
LED Video Displays and
$317,177.00
$317,177.00
Scoreboards
Texas City ISD
Education
Texas - TX
LED Video Displays and
$330,763.00
$330,763.00
Scoreboards
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
Table 6: Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number
of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third
party), and any overlap between the sales and service functions.
mLiQuestion Response*
Ite26 Sales force. We have a sales and marketing organization comprised of 46 direct company sales
and marketing people. We have both inside and outside sales people in addition to
dedicated teams to service the sports video market and new construction markets. In
addition, we have an independent team of 17 people. All of our sales people have
dedicated territories. We do not allow multiple people to sell within the same
geographical territories.
27 Dealer network or other distribution We sell our product almost exclusively through our own sales organization. This
methods. represents about 98% of our total sales. We will sell to dealers (package bidders
who supply multiple products like backboards, flooring, etc.). Some of these dealers
do re -sell our product. This represents about 2% of our total product sales. These
dealers purchase directly through a Nevco sales person with an assigned territory or
our new construction group.
28 Service force. We have an in-house service department staffed with 15 people. We also have a
team of 5 on -site technicians. These groups combined with the hundreds of factory
authorized independent installers and service providers enables us to provide quick
and efficient service to every customer in the United States and Canada.
29 Describe the ordering process. If orders The ordering process is very simple and straightforward. A customer has a need for
will be handled by distributors, dealers or one of our products. We consult with them via phone, in -person or virtual meeting.
others, explain the respective roles of the We design concepts based on their requirements. We provide a quote and a virtual
Proposer and others. rendering of our product. The customer provides a PO. We manufacture, ship and
then install the product. We have a detailed order entry checklist and graphics
guidelines to ensure all relevant order information is collected (See Attachment 2).
We record 100% of our sales and marketing transactions (including quotes) in our
Salesforce.com CRM system. We have also created a custom quote template
specifically for Sourcewell projects within our system (See Attachment 2).
30 Describe in detail the process and
Most of our customers have great long-term relationships with their sales
procedure of your customer service
representatives. Combined with our in-house service team, these two groups are the
program, if applicable. Include your
conduit to solve any customer service issue. These two groups help the customer
response -time capabilities and
navigate to any group within Nevco to solve a problem. We pride ourselves on
commitments, as well as any incentives
always being able to help in a timely manner, even after-hours, weekends and
that help your providers meet your stated
Holidays.
service goals or promises.
31 Describe your ability and willingness to
We have three facilities in the United States: Greenville, IL, Highland, IL and
provide your products and services to
Edwardsville, IL. We currently have 63 people in our sales and marketing
Sourcewell participating entities in the
organization in the USA. Our Sports Marketing division is located in Middletown, OH.
United States.
They have 10 employees. Our FinishLynx division is located in Haverhill, MA.. They
have 20 employees. We are both willing and able to service all Sourcewell
participating entities in the United States.
32 Describe your ability and willingness to
We have a Canadian subsidiary and a physical office in Barrie, ON. We have 3 full
provide your products and services to
time employees and 7 independent representative in Canada. We are both willing
Sourcewell participating entities in Canada.
and able to service all Sourcewell participating entities in Canada.
33 Identify any geographic areas of the United
We have no areas of the United States or Canada where we would not be able to
States or Canada that you will NOT be
support the Sourcewell Contract. We have complete coverage of sales, service and
fully serving through the proposed contract.
installation of our complete product line throughout North America.
34 Identify any Sourcewell participating entity
There are no Sourcewell participating entity sectors that will not be fully supported
sectors (i.e., government, education, not -for-
through this proposed contract.
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
35 Define any specific contract requirements
There are no specific contract requirements or restrictions that would apply to
or restrictions that would apply to our
Sourcewell's participating entities in Hawaii, Alaska or US Territories.
participating entities in Hawaii and Alaska
and in US Territories.
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
Table 7: Marketing Plan
tm Question Response*
36 Describe your marketing strategy for Our marketing strategy to promote this contract is multi -faceted. We meet every year in
promoting this contract opportunity. 4th quarter to plan our marketing efforts for the following year. I have attached a screen
Upload representative samples of your shot of part of our marketing planning document that we use in Attachment 4. We plan
marketing materials (if applicable) in everything out including social media, PPC, SEC, Trade Shows, etc. Our plans align well
the document upload section of your with the typical buying season for our products and services.
response.
First and foremost it is important that the entire sales team understands how cooperative
purchasing works and understands why Sourcewell is the best program to promote. We
have invested a lot of time in training the sales and marketing organization though virtual
meetings and by having Sourcewell attend our National Sales Meetings. In these trainings
we have educated them on the many tools that Sourcewell offers. We have also
encouraged them to engage with the Sourcewell team to answer questions and collaborate
on strategies to maximize our Sourcewell contract. We encourage our sales team to
proactively look up customers to ensure that they are on Sourcewell so when it comes
time for them to "Choose Nevco" we already have that step out of the way. We even
recently got our Canadian sales team connected with Canoe to start promoting the
contract in Canada (minus Quebec).
From a marketing specific standpoint we have created a dedicated landing page on our
website specifically for Sourcewell. We also utilize the contract flyer (provided by
Sourcewell) as a handout for our sales team. We are also very active in social media
and create dedicated posts to raise the awareness of the Nevco / Sourcewell
relationship. We also include our COOP programs in all of our customer presentations.
We also encourage our sales team to use the Sourcewell logo in their email signatures
and on their quote forms. We have a special quote form for Sourcewell in our
Salesforce.com CRM system to make it easy for our customers to use the Sourcewell
Contract. We also put up the Sourcewell trade show flag at the 40-50 trade shows that
we attend each year. See Attachment 4 for some example of the aforementioned items.
We are in the process of making more "YouTube" like video which highlight our core
products through the eyes of our customer. It is in the budget to make a specific video
about a customer that purchases their scoring and display equipment through the
Sourcewell contract. See Attachment 4 for some links to some of these videos.
37
Describe your use of technology and
We have a very active marketing department who loves data and analytics. We actively
digital data (e.g., social media,
promote our contract on social media each quarter. See Attachment 4 for some examples
metadata usage) to enhance
of some recent posts. We are also very active with PPC Advertising. We have over 590
marketing effectiveness.
words/phrases that we are actually paying for. We have retained an expert in the space to
help us manage or SEO and PPC efforts. We meet monthly and review our results and
set the strategy for the next 30 days. We also have integrated our email marketing effort
with Pardot within Salesfore.com. Through this tool we can track our effectiveness with our
email marketing efforts. Included in Attachment 4 is an example of a Sourcewell email that
we recently sent out to our entire database of customers from our CRM system.
38 In your view, what is Sourcewell's role In our view, the role of Sourcewell in promoting this contract is:
in promoting contracts arising out of
this RFP? How will you integrate a 1.)Help us understand trends in the marketplace
Sourcewell-awarded contract into your 2.)Identify geographical areas where Sourcewell is strong but maybe we are not as
sales process? effective.
3.)Continue to educate us on the tools and resources that are available to us.
4.)Share with us opportunities from members who are looking for our products and
services.
5.)Be available to assist when we need help. Be as responsive as we are to our
customers.
6.)Continue to grow the membership
39
Are your products or services
We do not utilize an e-procurement system for ordering. Due to the custom nature of our
available through an e-procurement
product 100 % of our orders must go through our sales organization.
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.
Table 8: Value -Added Attributes
Line Question Response*
Item
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
40 Describe any product, equipment, As part of our sales process we offer comprehensive training for all the products that we
maintenance, or operator training manufacture. Training is always included at no additional cost. We offer both on -site, virtual
programs that you offer to and self guided training for the products that we sell. We also have instructional manuals
Sourcewell participating entities. and installation prints for the products that we manufacture. Some of the most frequently
Include details, such as whether utilized training topics are:
training is standard or optional, 1.)Controller Training for operating scoreboards and accessories
who provides training, and any 2.)Display Director Training for operating video boards
costs that apply. 3.)One Cloud Training for operating message centers
4.)Basic scoreboard troubleshooting
5.)Basic Video Display and Message Center troubleshooting
We currently do and are always willing to provide whatever training that the customer would
like. Our training is always conducted by a Nevco employee or a factory trained installer or
service provider.
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
41 Describe any technological Nevco scoreboards, message centers and video displays are all designed for incoming
advances that your proposed power of 90VAC to 265VAC auto switching with 91 % efficient power supplies employing
products or services offer. power factor correction. This ensures the greatest amount of flexibility allowing for
efficiencies to be gained in the way the equipment is connected to the electrical
infrastructure as well as the highest efficiency in the way that power is consumed.
Scoreboard Electronic Captions and Electronic Team Names are fully integrated with the
scoreboard controller and console for seamless operation and diagnostics. Other vendors
build them into the board as an add -on which adds to the complexity of operation and has
more points of failure.
Nevco displays include full integration with 3rd party software packages such as Finishlynx,
Statcrew, Genius Sports, Hytek, Omega, Stalker, Tricaster, Livetext, Ross Xpressions, Vmix,
and much more. This allows organizations to leverage their existing IT to drive meaningful
dynamic content to spectators live and at the event.
Nevco's MPCX2 control is a unique industry leading handheld that can be used when
greater mobility is desired such as practices and small clubs, while the MPCW7 console
style control is used for larger events. An industry leading battery life exceeding one year is
typical for the X2 and it runs off a pair of common AA batteries included with the control.
Nevco's products are built on technology that allows users to scale their facility for years to
come. We have customers that add new scoring equipment to existing equipment that is
compatible and has been in operation for decades. Nevco still services older scoreboard
equipment where competitors will tell you that they cannot support their equipment anymore
and you have to buy new.
Nevco builds upgradeability into all of our equipment. Just a few examples are:
A user can select a basic time/score/period indoor scoreboard model 2700 with Non -lit
captions. When their facility grows, they can add -on a bottom section and add timeouts left,
team fouls and player foul, making it a model 2770. If they choose, they can upgrade their
captions to RearLit, or even our popular Electronic Team Names.
A Non -Lit or Rear -Lit scorer's table can be purchased and at a later date a customer can
purchase an LED matrix cartridge and simply swap it out in their existing scorer's table.
A Nevco Video system can be purchased including our Display Director clip server control
software. At a later date if the customer chooses, they can add on live video switchers,
cameras and grow their video production to an entire team.
Nevco's video LED panels can be calibrated to match in brightness should a replacement
ever be necessary. We store the calibration in the panel itself instead of in the display
controller. This removes the complexity of having to recalibrate if panels are moved from
one location to another during service.
Nevco's products are designed with superior environmental resistance. We use only gold
plated contacts in outdoor applications, make our cabinets out of recyclable aluminum, and
all products are made without external fans by utilizing an Air Circulation to Aluminum
technique.
All of Nevco's video products are built with signal redundancy such that if there is ever a
signal connection problem, even internal to a display, the redundancy will kick in and the
display will continue operating as normal until a service visit can be scheduled and
performed. Nevco's 6mm indoor and 16mm outdoor video products are built with power
supply redundancy. This allows for a power supply to fail, even in a dead short, and the
system will switch it out and continue operating. The use of redundant power supplies also
reduces the load on each power supply allowing it to operate at a higher efficiency and
thereby lowering the internal cabinet temperature significantly extending the life of the
electronics in the display.
All of Nevco's products are manufactured from a lightweight 0.050" aluminum with structural
bracing elements that allow the products to exceed a 180 mph windload. The lightweight
design makes the installation of equipment easier, and reduces the cost of structures
required to support the equipment in your facility.
Nevco's video systems are front and rear service accessible which allows the greatest
flexibility, but we also incorporate Easy Out mounting for the internal components which
allows power supplies and logic boards to easily be replaced using a slide out bracket and
retention technology.
Nevco employs a cloud based service ticket system so that users can track the progress of
their service issues using an online account, look back at a history of their own issues as
well as gain insights from an online knowledge base.
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
42 Describe any "green" initiatives
Nevco utilizes aluminum made with recycled content where possible that is GreenCircle
that relate to your company or to
Certified.
your products or services, and
include a list of the certifying
Nevco electronics conform to ROHS standards.
agency for each.
The lumber used in the crating of our products is certified in accordance with the
International Plant Protection Convention's adoption of the International Standards for
Phytosanitary Measures.
Nevco's acrylic paint is the lowest Volatile Organic Compounds (VOC) in the industry at
50g/L.
43 Identify any third -party issued eco-
Nevco scoreboards, video displays and message centers have been certified by UL LLC
labels, ratings or certifications that
and CUL in Canada.
your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life -cycle design
(cradle -to -cradle), or other
green/sustainability factors.
44 Describe any Women or Minority
Not applicable.
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
45 What unique attributes does your
We have a comprehensive scoring and display product line that serves customers ranging
company, your products, or your
from a little league baseball diamond to a collegiate stadium that seats 70,000 people. All
services offer to Sourcewell
of our products are made to UL / CUL Standards (the highest in the industry). Because of
participating entities? What makes
the high quality of our products, we offer some of the leading warranties in the industry. We
your proposed solutions unique in
have an outstanding service department that gets customers up and running quickly any
your industry as it applies to
time they run into a problem. We are extremely customer centric and do what ever it takes
Sourcewell participating entities?
to help our customers. We answer our phones day / night, weekends and holidays too. This
high level of access includes our executive team too. We love challenges and since we are
a vertically integrated and privately held company we can quickly collaborate to creatively
solve them.
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure,
and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document
upload section of your response in addition to responding to the questions below.
Line
Item
Question
Response*
46
Do your warranties cover all products, parts, and
Our standard warranty covers all parts, products and bench labor to to
labor?
diagnose and fix our products. See attached for our detailed warranty
document.
47
Do your warranties impose usage restrictions or
There are no limitations that adversely affect coverage. Please refer to the
other limitations that adversely affect coverage?
attached for our detailed warranty document.
48
Do your warranties cover the expense of
If an on -site warranty is purchased the expense of technicians' travel time
technicians' travel time and mileage to perform
and mileage to perform warranty repairs is included in the cost of the on -
warranty repairs?
site warranty.
49
Are there any geographic regions of the United
We provide coverage with certified technicians to all geographic regions of
States or Canada (as applicable) for which you
the United States and Canada to perform warranty repairs.
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
50 Will you cover warranty service for items made by No. All 3rd party equipment supplied by Nevco is covered under that
other manufacturers that are part of your proposal, manufacturer's warranty. This would apply to items like cameras, computers,
or are these warranties issues typically passed on etc.
to the original equipment manufacturer?
51 What are your proposed exchange and return If a product is unopened and undamaged. Nevco will typically accept a
programs and policies? Ireturn or exchange for non -custom products. A re -stocking fee will apply.
52 Describe any service contract options for the Nevco offers on -site service contracts on a case by case basis (for an
items included in your proposal. additional charge) predominately for our video display projects. We utilize a
national network of 3rd party factory authorized agencies to complete the
repair work.
Table 10: Payment Terms and Financing Options
Item ine Question Response*
53 Describe your payment terms and accepted payment Nevco Sports, LLC Payment Terms are net 30.
methods.
PROGRESS PAYMENTS Based upon request for payments
submitted by Nevco Sports, LLC, for purchases greater than
$50,000 buyer shall agree to one of the following payment terms:
1.)Initial payment of 50 % of the total project, balance of the project
is due net 30.
2.)Initial payment of the 33 % of the project upon signing, 33 % at
time of shipping and balance due net 30.
3.)No money due at signing, balance due upon shipping, less 5 %
for installation(if install is on Nevco invoices)
PAYMENT TERMS Payment should be sent to "remit to" address
on invoice. Delinquent invoices or portions thereof are subject to a
service charge of 1.5% per month until paid (or the legal maximum
allowable in the Buyer's state). Overdue or delinquent account
balances are subject to being placed for collection. Buyer shall pay
all expenses incurred including collection fees, court costs, and
reasonable attorney fees. If Buyer's account is overdue, Buyer
agrees that Nevco Sports, LLC may offset the account balance for
any portion thereof against any funds due Buyer by Nevco Sports,
LLC. All shipments are FOB shipping point. Prepay Terms:
Customers may pay by wire transfer, check, certified check, credit
card or cash for product needed to be shipped immediately. New
Buyers may pay by a personal or buyers check, but the order may
be held for a period of two weeks for check clearance. Established
buyers will have orders processed immediately. A credit application
on file will be requested to be completed by all buyers.
Visa/Mastercard Buyers: Customer may choose to pay account
balances or for orders being placed by using Visa/Mastercard and
will be subject to an additional feee of $5 for processing.
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
54 Describe any leasing or financing options available for use Nevco has two financing options available:
by educational or governmental entities.
55 Describe any standard transaction documents that you
propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
1.) Nevco offers on a limited basis the ability to self finance
projects to help customers extend their payments between multiple
fiscal years or budget cycles. This are approved on a case by case
basis.
2.)Nevco has partnered with NCL Cooperative Leasing (NCL) to
offer Sourcewell members a complete suite of finance solutions.
NCL is a current Sourcewell financing contract holder ( #032615-
NCL) and is an industry expert in municipal financing solutions. NCL
will offer leasing terms from 12-120 months on transactions from
$5,000 and up. Traditional leasing and financing programs will be
offered along with programs specifically designed for schools and
government entities including Tax -Exempt Municipal Leases and a
Purchase Order Only program.
There is no ownership, common ownership or control between
Nevco Sports, LLC and NCL.
The potential customer makes contact with a Nevco representative.
Nevco representative makes contact with the client and determines
their specific needs and their budget. Based on the geographical
area of the client, the customer may be consulted via phone, site
visit or virtual meeting. From this, the best Nevco solution is
proposed to the customer. We typically provide digital renderings of
the Nevco product. These renderings can be superimposed to show
what the actual product will look like in the actual location where it
will be installed. Once a final product is selected, Nevco will provide
a detailed quote with all components of the project. Once approved,
the customer will send in a purchase order to Nevco. As part of
our order entry process the customer will select the color of the
scoreboards, digits, trim as well as providing specific artwork for
signs and logos. If the Purchase Order is for a Sourcewell project
we code this internally at the time of order entry. 100 % of our
orders, whether from a W2 sales person or an independent dealer,
go through the same order entry process. This process ensure our
ability to easily generate reporting for any time period to identify all
projects that were part of the Sourcewell contract. Our Sourcewell
manager then uses these reports to report sales and fees to
Sourcewell.
56 Do you accept the P-card procurement and payment Yes, Nevco Sports, LLC will accept the P-Cards procurement and
process? If so, is there any additional cost to Sourcewell payment process. The additional cost to Sourcewell participating
participating entities for using this process? entities for using this process is $5 per transaction.
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
Line Question
Item
57 Describe your pricing model (e.g., line -item discounts or
product -category discounts). Provide detailed pricing data
(including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If
applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
58 Quantify the pricing discount represented by the pricing
proposal in this response. For example, if the pricing in
your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
59 Describe any quantity or volume discounts or rebate
programs that you offer.
Response"
Nevco's pricing and discounting is done on a line item basis.
Sourcewell members get a minimum of 6% discount off of our list
price. See attached for our published price list. Product names and
product numbers are included. Nevco is aware and accepts any
price and product change request forms that may be required.
Discount for product is 6% off list price. Refer to attached price list
to determine list price.
If the Sourcewell member purchases multiple scoreboards,
accessories, or displays at one time on the same purchase order,
Nevco will offer a volume discount that is larger than the base
minimum discount. The discount level will vary based on the size,
scope and location of the project.
60 Propose a method of facilitating "sourced" products or Pricing for our product offering which may include infrequent "non -
related services, which may be referred to as "open standard" options is offered by supplying a quote for each request
market" items or "nonstandard options". For example, you at a list price less discount.
may supply such items "at cost" or "at cost plus a
percentage," or you may supply a quote for each such
request.
61 Identify any element of the total cost of acquisition that is
NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or
shipping charges. For example, list costs for items like pre -
delivery inspection, installation, set up, mandatory training,
or initial inspection. Identify any parties that impose such
costs and their relationship to the Proposer.
62 If freight, delivery, or shipping is an additional cost to the
Sourcewell participating entity, describe in detail the
complete freight, shipping, and delivery program.
This is not applicable in most situations. Things like installation,
extra training, on -site service are discussed up -front and included in
our quote. There should be no surprises or additional charges from
what we provide in our quote.
Freight will be quoted on a per project basis. This charge is
always noted on our quotes. We utilize Small Package, Less Than
Truckload and Full Truckload as our primary methods of shipping
our products. We do also have the ability to ship Internationally and
offer expedited shipping upon request.
63 Specifically describe freight, shipping, and delivery terms or Freight / Shipping and Delivery to Alaska, Hawaii and Canada is
programs available for Alaska, Hawaii, Canada, or any determined based on the customer requirements for the delivery
offshore delivery. schedule. We have numerous options available. The charges for
freight are always listed on the quote. We also offer 3rd party
billing on freight shipments and the customer can also arrange
pickup at our facility with any carrier of their choosing.
64 Describe any unique distribution and/or delivery methods or
options offered in your proposal.
We offer stocking programs of our most popular items by season.
By doing this we offer reduced lead times on these items. An
example would be that we pre -manufacture shot clocks so that we
have them on hand and readily available during basketball season.
We also offer expedited delivery of some of our video displays
because we manufacture several of the most popular sizes so that
we have them in stock for quick shipping. We can also
accommodate any customer special transportation request.
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
Table 12: Pricing Offered
Item
The Pricing Offered in this Proposal is: *
Comments
65 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing
We have offered the highest
departments.
discount of any cooperative
purchasing agreement that we
are part of. In addition, we
have offered our full lineup of
products and service
available, whereas we have a
more limited offering on the
few other cooperative
purchasing agreements that
we are part of. Our goal is
to simple funnel the vast
majority of our cooperative
purchasing orders through
Sourcewell. We want
Sourcewell to be our primary
go to cooperative agreement.
These were the exact words
that were used at our
National Sales Meeting in
January after Teresa Fiedler
from Sourcewell gave a
presentation. Sourcewell was
the only cooperative
purchasing agency that was
asked to attend our National
Meeting.
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
Table 13: Audit and Administrative Fee
Item
Question
Response
66 Specifically describe any self -audit process or program that you
Nevco has dedicated staff members to handle all
plan to employ to verify compliance with your proposed Contract
cooperative purchasing compliance, pricing and reporting.
with Sourcewell. This process includes ensuring that Sourcewell
This team consists of representatives from our Sales,
participating entities obtain the proper pricing, that the Vendor
Accounting, and Service departments who work together at
reports all sales under the Contract each quarter, and that the
each month end to ensure all orders that are cooperative
Vendor remits the proper administrative fee to Sourcewell. Provide
purchases are reviewed and entered correctly. Our Sales
sufficient detail to support your ability to report quarterly sales to
Representative reviews each order to make sure member
Sourcewell as described in the Contract template.
pricing and contract numbers are accurate. Our Service
Representative double checks this information. Our
Accounting Representative makes sure all of the appropriate
fees and reporting are accurate. This reporting is currently
done quarterly, however Nevco can adjust this to any
timeframe that is needed.
67
If you are awarded a contract, provide a few examples of internal
Nevco has the ability in our CRM system to identify all
metrics that will be tracked to measure whether you are having
quotes that are quoted using the Sourcewell contract. We
success with the contract.
have auto generated reports that are sent out monthly which
identifies all closed and open projects. With this data, our
sale leadership team can easily identify who on the sales
team is actively promoting the Sourcewell contract and who
is not. This also helps us to identify sales people that may
need some additional training and reinforcement on utilizing
the Sourcewell contract in their daily sales process. In
addition, we have a dashboard established to track our
Sourcewell contract sales by month over the last 5 years.
We will use this combined with our quoting activity to
determine if we are on track with being successful with this
contract. Our goal is that every single sales person on our
team has at least one closed Sourcewell contracted project
in the next 12 months.
68 Identify a proposed administrative fee that you will pay to
We propose the following fee structure paid to Sourcewell
Sourcewell for facilitating, managing, and promoting the Sourcewell
after we are paid for the project by the Sourcewell member:
Contract in the event that you are awarded a Contract. This fee
is typically calculated as a percentage of Vendor's sales under the
Projects (regardless of the value) will be 2% of the total
Contract or as a per -unit fee; it is not a line -item addition to the
combined value less any applicable taxes and freight.
Member's cost of goods. (See the RFP and template Contract for
additional details.)
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Item Question Response*
69 Provide a detailed description of the Nevco Sports, LLC is a single source manufacturer for all the items below:
equipment, products, and services that you
are offering in your proposal. Fixed Digit Scoreboards: Scoring for (including but not limited to) Baseball /
Softball, Basketball, Volleyball, Wrestling, Football, Hockey, Soccer, Swimming, Field
Hockey, Lacrosse, Cricket, Tennis and Track and Field.
LED Message Centers
LED Marquees
LED Video Displays
Proprietary Software
Controllers
Graphic Design Creative Services
Audio Systems
Scorers Tables
Signage and Decorative Trusswork
Digital Wall of Fame
Fully Automated Timing Equipment for Track and Field
70 Within this RFP category there may be Scoreboards (Indoor and Outdoor)
subcategories of solutions. List subcategory
titles that best describe your products and LED Marquees: (Indoor and Outdoor) Wall Mount, Pedestal Mount, Ground Mount
services.
LED Video Displays: (Outdoor and Indoor)
Proprietary Software: Mobile App, One Cloud, Display Director
Controllers; Handheld, Desktop, Touchscreen, Mobile
Graphic Design Creative Services
Audio Systems: (Indoor and Outdoor) Single Source and Distributed
Scorers Tables: Static, Rear Lit, Bleacher Mount and LED
Signage and Decorative Trusswork
Digital Wall of Fame: Wall Mount, Pedestal Mount and Surround Mount
Fully Automated Timing Equipment for Track and Field: Cameras, Displays, Timers
Table 14B: Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional
comments in the text box provided, as necessary.
Line Category or Type
Item
Offered * (Comments
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
71 Scoreboards, sports displays, scorer's tables, controllers and timing r: Yes
systems r No
72 Digital Displays, LED Video displays
73 Video boards
74
75
76
We manufacture and install
a full lineup of scoreboards
for every sport. We offer
multiple design options,
features and price points for
every customer. We also
manufacture and install
numerous design accessories
for scoreboards including:
signs, trusses and logo. We
also offer all the most popular
accessories for every sport
including shot clocks, play
clocks, locker room clocks,
etc. We also offer numerous
control options to operate
each of our scoreboard
options.
r: Yes
We manufacture and install
r No
video displays for both indoor
and outdoor applications. We
have a wide range of
resolutions to meet the needs
of every customer.
r: Yes
We manufacture and install
r No
video boards for both indoor
and outdoor applications. We
have a wide range of
resolutions to meet the needs
of every customer.
Message centers, marquees, concourse displays, transportation r: Yes
displays r No
Related and complementary offering of integrated audio or sound r: Yes
systems and related accessories and supplies r No
Technology integration, software, design, project management and
installation related and complementary to the offering of solutions
above in #71-74
Using the same technology
that we use in our video
displays, we also manufacture
and install message centers,
marquees, concourse
displays. We do not
manufacture or install
transportation displays. We do
not serve the roadway, airport
or other transportation related
digital display market.
We offer turn key audio
solutions for both indoor and
outdoor venues. We have
partnered with Electo-Voice /
Bosch to develop custom
audio systems specifically
designed for athletic venues.
We offer both single point
and distributed systems along
with all required accessories.
If one of our audio package
systems do not fit the bill, we
have the ability to custom
design and engineer a
custom solution for any indoor
or outdoor venue.
r: Yes We have in-house service,
r No engineering, software
development, project
management, and graphic
design services. We have a
nationwide network of factory
authorized installers who
install and service our
products in the field.
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
Table 15: Industry Specific Questions
Line
Item Question Response*
77 Describe any reliability or durability testing on the All of Nevco's designs are tested in accordance to our proprietary
equipment or products included in your proposal and requirements for stadium sports equipment and indoor/outdoor signage
results if applicable. as well as formalized testing including but not limited to the latest
releases of UL48, NEC, article 600, FCC CFR 47 PART 15, ICES-
003, EN 55032:2015 (CISPR 32), EN 55022:2010, AS/NZS CISPR
32:2015, and EN 61000-6-3:2007/AI-2011, CAN ICES-3 (A)/NMB-3 (A),
CE, ASCE 7-10, and International Building Code (IBC).
78 Elaborate on design -build capabilities or services
offered by your firm related to the equipment or
products included in your proposal.
In addition, the foundation for our house of quality begins with TQM,
which means Total Quality Management... or simply put, everyone plays
and important role in maintaining our customer expectations. In the
factory, we perform random product and process audits, campaign for
continuous improvement and follow the Toyota principles of 5S (sort,
shine, set in order, standardize and sustain) at each work center. In our
drive towards continuous improvement, we have a blended mixture of
problem solving methodology. Starting with 6sigma principle of DMAIC
(Define, measure, analyze, improve & control) along with the Ford Motor
Company 8D problem solving process (Plan, build team, define problem,
contain problem, define & verify root cause, determine corrective action,
implement & verify corrective action, and prevent recurrences) we are
able to quickly identify and remediate production issues. We also
perform Gemba Walks each morning, in order to hear it straight from the
front line workers, regarding our strengths and weaknesses. A direct
communication between Service, Engineering and Quality ensures that
customer feedback is addressed promptly and precisely.
Quality Credentials that our Quality Team has include:
American Society for Quality — Certified Quality Technician
American Society for Quality — Certified Quality Process Analyst
UL 48 Standard for Electric Sign Manufacture
Nevco has designed and executed thousands of sporting construction
projects throughout our company's long history. Through our experience
in doing Design Build Projects we have developed a simple,
straightforward and effective process of managing these types of
projects. There are four primary phases that we go through:
1.)Pre-Planning and Design Phase
2.)Design Phase
3.)Construction Phase
4.)Start-Up and Occupancy Phase
See Attachment 2 for more detail on our Design Build Process.
79 Describe any sponsorship, promotional, or revenue- By nature of our business, scoreboards signage, and messaging centers
generating attributes of the equipment or products have a unique ability to provide sponsorship, promotional, and revenue
included in your proposal and identify any support or generation opportunities for our customers. The potential of revenue
training available to customers related to generation is inherent for each scoreboard and signage that is
implementation of those solutions. purchased. It is the customer's discretion on how they would like to
monetize. However, Nevco can provide guidance to maximize potential
sponsorship opportunities.
Through our Sports Marketing Division we also have the ability to sell
sponsorships on behalf of our customers. This model affords the
customer the ability to get equipment at no cost or create an ongoing
revenue stream to help fund their athletic department.
80 Describe the functionality of your equipment or products Nevco video displays often serve as an instant message center to the
in integrating with public alert system or applications public showcasing:
(automated weather, emergency, public safety 1. IPAWs (Meteorological, Safety, Fire, Environmental, Transport)
notifications, etc.) 2. Amber Alerts
We have the ability to easily connect to these systems through our
control software Display Director which makes it easy to communicate
these important messaaes to the public.
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
Table 16: Exceptions to Terms, Conditions, or Specifications Form
Line Item 81. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions,
or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or
Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification,
and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and
approval of Sourcewell and will not automatically be included in the contract.
Contract Section I Term, Condition, or Specification I Exception or Proposed Modification
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to
ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed
by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the
zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding
to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
• Pricing - Nevco Sports LLC Sourcewell Price List 2022.pdf - Monday February 20, 2023 09:17:49
• Financial Strenath and Stabilitv - Financial Strength and Stability - Attachement 1.pdf - Wednesday March 01, 2023 09:48:46
• Marketina Plan/Samples - Marketing Plan and Samples - Attachment 4.pdf - Wednesday March 01, 2023 09:51:22
• WMBE/MBE/SBE or Related Certificates (optional)
• Warranty Information - Warranty and Limitation of Liability.pdf - Monday February 20, 2023 08:07:16
• Standard Transaction Document Samples - Standard Transaction Document Samples - Attachment 2.pdf - Wednesday March 01,
2023 09:50:10
• UDIoad Additional Document - Nevco Catalogs.pdf - Monday February 20, 2023 12:03:04
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of
this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: httos://www.treasurv.aov/ofac/downloads/sdnIiSt.Ddf;
2. Included on the government -wide exclusions lists in the United States System for Award Management found at:
httDs://sam.aov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any
Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related to the subject matter of this solicitation.
r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this
Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I
had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic
signature or electronic record was used in its formation. - Eric Light, VP of Sales and Marketing, Nevco Sports, LLC
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the
Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
r Yes r. No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column " I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
File Name below addendum and Pages
attachments (if
applicable)
Addendum _2_Scoreboards _RFP_030223
Thu January 19 2023 02:03 PM
Addendum _1 _ Scoreboards _RFP_030223
Thu January 12 2023 11:26 AM
r
r
Bid Number: RFP 030223 Vendor Name: Nevco Sports, LLC
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
•
VI n EVC0
QUOTATION
Account Name
City of Clermont
Created Date
11/3/2023
Quote Number
00151377
Expiration Date
12/3/2023
Contact Name
Brian Forman
Prepared By
Jacob Scott
Title
Parks and Rec Director
Title
Display and Scoring Consultant
Phone
352-708-5999
Phone
(904)451-0930
Email Address
bforman@clermontfl.org
Fax
(618) 664-0398
Email Address
iscott(a)nevco.com
1.00
1625 Timer
802-0300 - MPCX2
1.00
Baseball/Softball
1.00
MPCX/MPCX2 Case
MPCX2 Rec - Outdoor
1.00
x6xx
Ttl Shipping Wt (Ibs)
County
Total Savings!
odsctud11/0u1Lud11 Lr_u 0cuiauud1u WILH
10'x5'x8"
uw
10.00% uou
Amber/Red Digits
5,313.00
4,781.70
LISID
Wireless Handheld Control
0.3'x0.5'x0.1'
D
10.00%
375
337.50
MPCX/MPCX2 Control Carrying Case
USD
USD
12.4'x8"x4"
10.00%
(holds 2 controls)
35.00
31.50
LISID
In -board Wireless Receiver Kit
D
10.00%
635
571.50
300
Subtotal
USD 5,722.20
Lake
Freight
USD 641.25
USD-635.80
Installation
USD 17,154.50
Total
USD 23,517.95
Due to the current supply chain environment, freight pricing and anticipated schedule for delivery along
with performance of services are subject to change.
Additional Notes
Installation not included.
Quoted for Account # 138855 Sourcewell Contract # 030223-NVC.
Installation to be done by Kendall Signs
Quote does NOT include any existing scoreboard removal.
Receive Nevco scoreboard model 1625 at our facility, in Rockledge Florida.
Travel to site and install on new double pole supports engineered to meet the current wind -load.
Quote Number 00151377 Visit Our Website www.nevco.com
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
nEvco
QUOTATION
NOTE: Proposal quoted as having access to new scoreboard. Proposal does NOT include; fence removal, cracking of
sidewalks, our ground protection for fields. If final inspection requires separate trip. A separate trip charge would apply.
Price includes Sealed engineers drawing, permit acquisition labor. Does NOT include cost of permit and is billed at actual
cost.
Sourcewell
Nevco is proud to be a Sourcewell partner. By using Nevco's Sourcewell contract pricing you can have confidence
the competitive bid process is satisfied, saving you time and money. We have been rigorously vetted and approved
to be Sourcewell's scoreboard, video display, and scoring solution provider throughout the United States and
Canada.
To complete an order under this competitive contract, ensure your Sourcewell membership number is prominently
listed on your purchase order or letter of intent when placing an order.
Billing/Shipping Information
Bill To Name
Bill To
Quote Terms and Conditions
City of Clermont
3700 S. Highway 27
Clermont, Florida 34711
USA
Ship To Name
The above pricing is for equipment only and does not include installation (unless specified) or taxes (if applicable). Unless
shown specifically in the quote, shipping is an additional cost and is not included. Due to the custom nature of our
products, our preferred payment terms are 50% down and remaining balance net 30. Additional payment terms available
upon credit review. Shipping terms are F.O.B. Greenville, IL USA.
All Scoreboards and Message Centers are UL Listed and most come with our free 5-year guarantee (Exception: Special
promotion/packages may have shorter warranty and are noted in product descriptions). Portable Production Kits carry a
3-year guarantee. Wireless components and Solar Power Kit carry a 2-year guarantee. Hand-held controls, switches and
printed scrims carry a 1-year guarantee. Performance and Payment Bonds, if required, will include a one-year warranty
after substantial completion.
STATE TAX EXEMPT FORM MUST BE SUBMITTED WITH ORDER OR TAXES WILL BE INVOICED.
Scoreboards are available in 15 standard colors at no extra charge. Please contact your consultant for production/shipping
lead times.
City of Clermont
Purchase Order Nevco Sports, LLC Remit To Address Nevco Sports, LLC
Address 301 East Harris Ave P.O. Box 74758
Greenville, IL 62246-2151 Chicago, IL 60694-4758
800.851.4040 / 618.664.0360
Quote Number 00151377 Visit Our Website www.nevco.com
DocuSign Envelope ID: D5FA6520-7E20-4906-98DD-B95AD1897F2C
•
VI n EVC0
QUOTATION
Quote Acceptance
Signature
Name
Title
Date
Quote Number 00151377 Visit Our Website www.nevco.com