HomeMy WebLinkAbout031-26 RESOLUTIONPage 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 31-26
File Number: 2025-2619
A RESOLUTION TO APPROVE THE PURCHASE OF POLICE VEHICLE UPFITTING SUPPLIES,
INSTALLATION AND LABOR SERVICES IN THE AMOUNT OF $182,316.30 FROM SUPERIOR
CHEVROLET OF SILOAM SPRINGS, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING
CONTRACT, PLUS ANY APPLICABLE SURCHARGES, FREIGHT CHARGES, AND DELIVERY FEES UP
TO 10% OF THE ORIGINAL PURCHASE PRICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of Police vehicle
upfitting supplies, installation and labor services in the amount of $182,316.30 from Superior Chevrolet of Siloam
Springs d/b/a Superior Chevrolet Buick GMC, pursuant to a Sourcewell Cooperative purchasing contract, plus any
applicable surcharges, freight charges, and delivery fees up to 10% of the original purchase price.
PASSED and APPROVED on January 6, 2026
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-2619
MEETING OF JANUARY 6, 2026
TO: Mayor Rawn and City Council
THROUGH: Terry Gulley, Asst Public Works Director - Ops
FROM: Ross Jackson, Jr., Fleet Operations Superintendent
SUBJECT: PURCHASE OF POLICE VEHICLE UPFITTING SUPPLIES AND SERVICES THROUGH
SUPERIOR AUTOMOTIVE GROUP DBA SUPERIOR CHEVROLET BUICK GMC
RECOMMENDATION:
A RESOLUTION TO APPROVE THE PURCHASE OF POLICE VEHICLE UPFITTING SUPPLIES,
INSTALLATION AND LABOR SERVICES THROUGH SUPERIOR CHEVROLET OF SILOAM SPRINGS FOR
THE PURCHASE PRICE OF $182,316.30 PLUS ANY ADDITIONAL TAXES, SURCHARGES OR FREIGHT
CHARGES UP TO 10% OF THE ORIGINAL PRICE PURSUANT TO A SOURCEWELL COOPERATIVE
PURCHASING CONTRACT (090122-WHL).
BACKGROUND:
On March 19, 2024, the City Council approved resolution 102-24 approving the purchase of Whelen products
and services through cooperative contract 090122-WHL.
DISCUSSION:
Approval of this resolution will authorize the purchase and upfitting of the new Fayetteville Police Department
vehicles presented on this agenda. Historically, Fleet Operations has completed this work in-house; however,
due to limited staffing in 2025 and into 2026, the department will need to sublet these services to ensure the
timely upfitting of fifteen (15) new hybrid police vehicles. Contracting this work will support operational
efficiency, expedite the deployment of new units, and help maintain the replacement of existing assets.
Fleet Operations and the Fayetteville Police Department respectfully recommend approval and adoption of this
purchase.
BUDGET/STAFF IMPACT:
All vehicle parts and upfitting equipment will be purchased through the Fleet budget.
ATTACHMENTS: 3. Staff Review Form, 4. Superior PIU SRO Upfit $12,154.42 (Including Tax) - Per Vehicle,
5. Superior Chevrolet - Whelen Quote for 15 Vehicles, 6. Whelen Contract, 7. Whelen Pricing Structure, 8.
RFP and Addendums-Law Enforcement Equip. 090122, 9. Approved Arkansas Whelen Vendors, 10.
Resolution 102-24 Sourcewell Contract 090122-WHL
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-2619
A RESOLUTION TO APPROVE THE PURCHASE OF POLICE VEHICLE UPFITTING
SUPPLIES, INSTALLATION AND LABOR SERVICES IN THE AMOUNT OF $182,316.30
FROM SUPERIOR CHEVROLET OF SILOAM SPRINGS, PURSUANT TO A SOURCEWELL
COOPERATIVE PURCHASING CONTRACT, PLUS ANY APPLICABLE SURCHARGES,
FREIGHT CHARGES, AND DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE
PRICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of
Police vehicle upfitting supplies, installation and labor services in the amount of $182,316.30 from
Superior Chevrolet of Siloam Springs d/b/a Superior Chevrolet Buick GMC, pursuant to a Sourcewell
Cooperative purchasing contract, plus any applicable surcharges, freight charges, and delivery fees up to
10% of the original purchase price.
City of Fayetteville Staff Review Form
2025-2619
Item ID
1/6/2026
City Council Meeting Date - Agenda Item Only
N/A for Non-Agenda Item
Ross Jackson 12/9/2025 FLEET OPERATIONS (770)
Submitted By Submitted Date Division / Department
Action Recommendation:
A RESOLUTION TO APPROVE THE PURCHASE OF POLICE VEHICLE UPFITTING SUPPLIES, INSTALLATION AND LABOR
SERVICES THROUGH SUPERIOR CHEVROLET OF SILOAM SPRINGS FOR THE PURCHASE PRICE OF $182,316.30 PLUS
ANY ADDITIONAL TAXES, SURCHARGES OR FREIGHT CHARGES UP TO 10% OF THE ORIGINAL PRICE PURSUANT TO A
SOURCEWELL COOPERATIVE PURCHASING CONTRACT (090122-WHL).
Budget Impact:
9700.770.1920-5802.00 Shop
Account Number Fund
97001.1010.200
97000.1010.200
Fleet Vehicle Replacements
Expansions
Project Number Project Title
Budgeted Item?Yes Total Amended Budget $554,000.00
Expenses (Actual+Encum)$-
Available Budget $554,000.00
Does item have a direct cost?Yes Item Cost $182,316.30
Is a Budget Adjustment attached?No Budget Adjustment
Remaining Budget $371,683.70
V20221130
Purchase Order Number:Previous Ordinance or Resolution #
Change Order Number:Approval Date:
Original Contract Number:
Comments:
11/13/2025
JV
sourcewell 090122-whl
Vehicle
2025 FORD PIU HYBRID 4WD
Emergency Equipment Upfit
PRICES GOOD FOR 90 DAYS FROM DATE OF QUOTE
Qty Description Price Total
1 EB8SP3B LEGACY 48 IN LB KIT INCLUDES C399 CORE ($3,400.00)
CCTL7 SA315U SAK75D C399SP CV2V MKEZ105
2 MCRNTB GRILL LIGHT ($189.98)
2 IONB 1/4 WIN LIGHT ($210.04)
1 WX2230F WCX BAR TA B/A ($687.94)
1 DBKT4 WCX MOUNT ($19.47)
1 ARGES1 SPOTLIGHT ($464.92)
1 ARGCH1 CONTROL ($207.68)
1 ARG50D FENDER MOUNT ($68.44)
1 LUND LOFT-PIU20-2GX-AO GUN MOUNT ($1,644.50)
1 LOFT-PIU-NPKIT non partition mount kit ($194.28)
1 PLASTIX PLUS CONSOLE PP-2025-FINT-SUV-FS WITH ($627.00)
CUTOUTS FOR 425-6101 BOTTOM/ 425-6141 MIDDLE
2 fuse block ($50.00)
1 circuit breaker ($27.50)
1 MB5Z-7813086-AC FOR ALL WEATHER MAT ($213.40)
2 425-3816 MAGNETIC MIC MT ($56.00)
1 2601B EGIS POWER DIST MODULE ($258.50)
Freight ($80.00)
Shop Supplies ($100.00)
Installation Labor ($2,600.00)
tax ($1,054.77)
Total Upfit ($12,154.42)
JUIIC U
Lowell AR 72745
Cell: JM 479-616-4348 JV 479-549-8335
11/13/2025
JV
sourcewell 090122-whl
Vehicle
2025 FORD PIU HYBRID 4WD
Emergency Equipment Upfit
PRICES GOOD FOR 90 DAYS FROM DATE OF QUOTE
Qty Description Price Total 15x
1 EB8SP3B LEGACY 48 IN LB KIT INCLUDES C399 CORE ($3,400.00) ($51,000.00)
CCTL7 SA315U SAK75D C399SP CV2V MKEZ105
2 MCRNTB GRILL LIGHT ($189.98) ($2,849.70)
2 IONB 1/4 WIN LIGHT ($210.04) ($3,150.60)
1 WX2230F WCX BAR TA B/A ($687.94) ($10,319.10)
1 DBKT4 WCX MOUNT ($19.47) ($292.05)
1 ARGES1 SPOTLIGHT ($464.92) ($6,973.80)
1 ARGCH1 CONTROL ($207.68) ($3,115.20)
1 ARG50D FENDER MOUNT ($68.44) ($1,026.60)
1 LUND LOFT-PIU20-2GX-AO GUN MOUNT ($1,644.50) ($24,667.50)
1 LOFT-PIU-NPKIT non partition mount kit ($194.28) ($2,914.20)
1 PLASTIX PLUS CONSOLE PP-2025-FINT-SUV-FS WITH ($627.00) ($9,405.00)
CUTOUTS FOR 425-6101 BOTTOM/ 425-6141 MIDDLE
2 fuse block ($50.00) ($750.00)
1 circuit breaker ($27.50) ($412.50)
1 MB5Z-7813086-AC FOR ALL WEATHER MAT ($213.40) ($3,201.00)
2 425-3816 MAGNETIC MIC MT ($56.00) ($840.00)
1 2601B EGIS POWER DIST MODULE ($258.50) ($3,877.50)
Freight ($80.00) ($1,200.00)
Shop Supplies ($100.00) ($1,500.00)
Installation Labor ($2,600.00) ($39,000.00)
tax ($1,054.77) ($15,817.00)
Total Upfit ($12,154.42)($182,311.75)
JUIIC U
Lowell AR 72745
Cell: JM 479-616-4348 JV 479-549-8335
DocuSign Envelope ID: C6AO9CO8-2496-4OC3-94OA-F32C82BOA26C
090122-WHL
Sourcewell :-
Solicitation Number: 090122
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Whelen Engineering Company, Inc., 51 Winthrop Road, Chester, CT
06412 (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 Law Enforcement Equipment 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 November 7, 2026, 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.
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Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Supplier's dealers
and distributors must agree to assist the Participating Entity in reaching a resolution in any
dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends
beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier's Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
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
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery. In the event of the delivery of nonconforming
Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax -
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At 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;
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• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees 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
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contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier's acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry -specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum, the terms of which will be negotiated directly between the
Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as
applicable. Any negotiated additional terms and conditions must never be less favorable to the
Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed in this Contract (such as e-
commerce specifications, specialized delivery requirements, or other specifications and
requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
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:
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• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, performance issues, supply
issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department);
• Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
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
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by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above "Attn: Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier's Authorized Representative is the person named in the Supplier's Proposal. If
Supplier's Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this Contract are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
assignment will be invalid.
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,
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resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in
advertising and promotional materials for the purpose of marketing the Parties' relationship
to Participating Entities. Any sublicense granted will be subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party's trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's trademarks only in good faith and in a dignified manner consistent with
such party's use of the trademarks. Upon written notice to the breaching party, the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
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. 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.
11 T1 u.0 u
$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
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
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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.
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
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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
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
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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.
§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
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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.
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.
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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.
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
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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:
Vti,►My S(6 v¢�
gy: COFD2A739D06489 .
Jeremy Schwartz
Title: Chief Procurement Officer
Date: 11/2/2022 1 3:59 PM CDT
Approved:
By :EIDocuSigned by:
�7E42B8F817A64CC...
Chad Coauette
Title: Executive Director/CEO
11/7/2022 1 10:35 AM CST
Date:
Whelen Engineering Company, Inc.
DocuSigned by
LISLSLA
itu-.
y6CF156C772834C5...
Ashish Jain
Title: CFO
Date: 11/7/2022 1 9:22 AM CST
Rev. 3/2022 18
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RFP 090122 - Law Enforcement Equipment
Vendor Details
Company Name:
Whelen Engineering Company Inc.
51 Winthrop Rd
Address:
Chester, CT 06412
Contact:
Craig Szymanski
Email:
cszymanski@whelen.com
Phone:
860-718-2304
Fax:
860-718-2304
HST#:
06-0725110
Submission Details
Created On:
Tuesday August 09, 2022 07:06:18
Submitted On:
Thursday August 25, 2022 10:35:18
Submitted By:
Craig Szymanski
Email:
cszymanski@whelen.com
Transaction #:
ea713e75-467f-4e16-ac4b-14db9d44919c
Submitter's IP Address:
73.227.80.204
Bid Number: RFP 090122 Vendor Name: Whelen Engineering Company Inc.
DocuSign Envelope ID: C6A09C08-2496-40C3-940A-F32C82BOA26C
Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach
additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the
question does not apply to you (preferably with an explanation).
Line
Item
Question
Response*
1
Proposer Legal Name (one legal entity only):
Whelen Engineering Company, Inc.
(In the event of award, will execute the
resulting contract as "Supplier")
2
Identify all subsidiary entities of the Proposer
Whelen Engineering Company, Inc.
whose equipment, products, or services are
included in the Proposal.
3
Identify all applicable assumed names or DBA
Whelen Engineering Company, Inc.
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.
4
Provide your CAGE code or Unique Entity
Cage Code: 10402
Identifier (SAM):
5
Proposer Physical Address:
51 Winthrop Road
Chester, CT 06412
6
IProposer website address (or addresses):
www.whelen.com
7
Proposer's Authorized Representative (name,
Ashish Jain, CFO
title, address, email address & phone) (The
Whelen Engineering Company, Inc.
representative must have authority to sign
51 Winthrop Road
the "Proposer's Assurance of Compliance" on
Chester, CT 06412
behalf of the Proposer and, in the event of
ajain@whelen.com
award, will be expected to execute the
860-718-2099
resulting contract):
8
Proposer's primary contact for this proposal
Craig Szymanski
(name, title, address, email address & phone):
Director of Sales Administration
Whelen Engineering Company, Inc.
51 Winthrop Road
Chester, CT 06412
cszymanski@whelen.com
860-790-1080
9
Proposer's other contacts for this proposal, if
None, please contact:
any (name, title, address, email address &
Craig Szymanski
phone):
Director of Sales Administration
Whelen Engineering Company, Inc.
51 Winthrop Road
Chester, CT 06412
cszymanski@whelen.com
860-790-1080
Bid Number: RFP 090122 Vendor Name: Whelen Engineering Company Inc.
DocuSign Envelope ID: C6A09C08-2496-40C3-940A-F32C82BOA26C
Table 2: Company Information and Financial Strength
Line
Item
Question
Response*
10
Provide a brief history of your company,
In 1952 George Whelen invented the first rotating anti -collision beacon for aircraft,
including your company's core values,
and by 1956 this beacon was mounted on emergency vehicles, such as police and
business philosophy, and industry longevity
fire trucks. Today Whelen is the leader and has the majority of the Police, Amber,
related to the requested equipment, products
Fire and EMS markets in the US and Canada. Whelen vision is to continue to
or services.
manufacture products for the police/amber/fire/EMS markets in the US, create
innovative products that increase the safety of the users. We have a host of
volunteer first responders that work throughout the organization which gives us an
edge on developing products and technology.
11
at are your company's expectations in the
This contract will allow Whelen to support the members of Sourcewell with great
event of an award?
service and pricing. It's a great opportunity to reach new customers and new
avenues of potential business with our vast sales network throughout the US and
Canada.
12
Demonstrate your financial strength and
Whelen is a privately held company and this information is not available. However,
stability with meaningful data. This could
Whelen's assets include approximately 1 million square feet of production,
include such items as financial statements,
engineering, sales and corporate offices in New England while its liabilities do not
SEC filings, credit and bond ratings, letters
have any third -party debt.
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
13
What is your US market share for the
--50% of the Law Enforcement market, 80-90% of the warning lights and siren used
solutions that you are proposing?
on Fire Trucks are Whelen equipment. —75% of the State DOTS use Whelen
warning systems.
14
What is your Canadian market share for the
—75% of the Law Enforcement, 90% of the warning lights and siren used on Fire
solutions that you are proposing?
Trucks, are Whelen equipment.
15
Has your business ever petitioned for
No
bankruptcy protection? If so, explain in detail.
16
How is your organization best described: is
Whelen is a US Manufacturer. We have over 110 factory sales personnel and
it a manufacturer, a distributor/dealer/reseller,
independent sales representative throughout the US & Canada promoting the
or a service provider? Answer whichever
Whelen product line. Couple that with over 900 distributors in the US & Canada.
question (either a) or b) just below) best
There isn't a stronger sales force in our market, as shown by the percent of the law
applies to your organization.
enforcement business we hold.
a) If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
17
If applicable, provide a detailed explanation
Whelen is a US manufacturer. We have ISO and an AMECA accredited lab on site
outlining the licenses and certifications that
to test our product for SAE, triple K and NFPA compliance.
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
18
Provide all "Suspension or Debarment"
None
information that has applied to your
organization during the past ten years.
Bid Number: RFP 090122 Vendor Name: Whelen Engineering Company Inc.
DocuSign Envelope ID: C6A09C08-2496-40C3-940A-F32C82BOA26C
Table 3: Industry Recognition & Marketplace Success
Line
Item
Question
Response*
19
Describe any relevant industry awards or
The market we are in does not have an industry recognized award. We have
recognition that your company has received
revived many awards from our customers.
in the past five years
20
What percentage of your sales are to the
90+%. The majority of our end users are state, city or towns.
governmental sector in the past three years
21
What percentage of your sales are to the
Being the request is for law enforcement products, the percent of sales to the
education sector in the past three years
education sector is under 10%.
22
List any state, provincial, or cooperative
New Jersey, We hold the contract, but sales are reported by the participating
purchasing contracts that you hold. What is
distributors. Est. over $2,000,000 per year.
the annual sales volume for each of these
Tennessee, We hold the contract, but sales are reported by the participating
contracts over the past three years?
distributors. New contract, est value $700,000 per year
Vermont, Est $100,000 per year
New Hampshire, est value $250,000 per year
NASPO ValuePoint, Est value $4,000,000 per year
23
List any GSA contracts or Standing Offers
We have received a GSA contract in Q2 of 2021. We are estimating 2022 sales
and Supply Arrangements (SOSA) that you
at-$500,000. This number will continue to increase as continue to promote our
hold. What is the annual sales volume for
contract.
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*
Avon Police Department
(Avon Public Works)
Alex Trajilio
860-409-4200
South Windsor Police Department, CT
Michael Kowalezyk
860-648-6251
Hartford Police Department
Anthony Pia
860-757-4000
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
Texas DPS
Government
Texas - TX
Lightbars, Lightheads, Speakers,
Est. 2500 Vehicles
Est. $9,000,000
Intelligent Control Systems
Michigan State
Government
Michigan - MI
Lightbars, Lightheads, Speakers,
Est. 1200 Vehicles
Est. $4,000,000
Police
Intelligent Control Systems
Illinois State
Government
Illinois - IL
Lightbars, Lightheads, Speakers,
Est. 500 Vehicles
Est. $2,000,000
Police
Intelligent Control Systems
Dallas Police
Government
Texas -TX
Lightbars, Lightheads, Speakers,
Est. 450 Vehicles
Est. $2,000,000
Dept.
Intelligent Control Systems
Detroit Police
Government
Michigan - MI
Lightbars, Lightheads, Speakers,
Est. 300 Vehicles
Est. 1,500,000
Dept.
Intelligent Control Systems
Bid Number: RFP 090122 Vendor Name: Whelen Engineering Company Inc.
DocuSign Envelope ID: C6A09C08-2496-40C3-940A-F32C82BOA26C
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.
LemQuestion
Response*
26
Sales force.
100+ independent Sales Representatives across the US and Canada.
40+ full time factory sales personnel.
27
Dealer network or other distribution
900+ distributors across the US and Canada.
methods.
28
Service force.
Service is handled by the factory, reps and distributors. The warranty is factory
direct, with the support of the reps and factory sales personnel. Most distributors also
assist with warranty support. We have a warranty/service center in Canada to avoid
long lead time due to customs. The Chester CT warranty center is also available for
all customers. Most in warranty or out of warranty repairs are handle with an
advanced exchange program, or the user can return to Whelen for repair or
replacement. We have made this process very easy and customer friendly. Repaired
products are normally returned to the user within 24 hours of receipt.
29
Describe the ordering process. If orders
Customers work with Whelen representatives and participating distributors on product
will be handled by distributors, dealers or
selection. Then the customer emails their purchase order to the distributor or Whelen,
others, explain the respective roles of the
where the order is entered, processed, built and shipped.
Proposer and others.
30
Describe in detail the process and
This starts with the manufacturing process. Our return rate is less than a 1/2 of 1%.
procedure of your customer service
As stated in #28 above, we have Reps, Factory Personnel and Distributor throughout
program, if applicable. Include your
US and CA. We also staff a world class customer service department in CT that is
response -time capabilities and
available to assist end users. If they are on the other line, a call back will happen
commitments, as well as any incentives
within a few business hours.
that help your providers meet your stated
service goals or promises.
31
Describe your ability and willingness to
We are excited to have this opportunity and believe this will help build a stronger
provide your products and services to
brand name and increase our sales volume. We have a vast sales network that will
Sourcewell participating entities in the
be calling on users and promoting the benefits of this contract.
United States.
32
Describe your ability and willingness to
As with the US side, we are excited for this opportunity to expand our sales in
provide your products and services to
Canada. With our pricing proposal and the ability to sell in Canada through
Sourcewell participating entities in Canada.
participating distributors we will be able to increase our market share. Our sales
team will be able to advise members of the benefits of this agreement and the
Whelen's vast product line.
33
Identify any geographic areas of the United
Canada: Yukon, Nunavut, and North West Territory we will be able to ship product,
States or Canada that you will NOT be
but there are currently no local distribution. Freight charges would be added to the
fully serving through the proposed contract.
invoice.
US: Alaska and Hawaii will have a minimum order of $1,000 for free freight, orders
under $1,000 will have the freight charges added to the invoice.
34
Identify any Sourcewell participating entity
We can't think of any customer that we would not sell to, however, like Canada,
sectors (i.e., government, education, not -for-
there may be states that Whelen would need to service by distribution. Whelen
profit) that you will NOT be fully serving
prefers to sell through participating distributor. When awarded we will reach out to
through the proposed contract. Explain in
our distributors and supply a list of participants that will agree to supply all the sales
detail. For example, does your company
data required.
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
35
Define any specific contract requirements
For Yukon, Nunavut, NW Territory, Alaska, Hawaii and other members outside of the
or restrictions that would apply to our
contiguous 48 States and Canada, freight charges will be added to the
participating entities in Hawaii and Alaska
invoice/pricing. Any other fees (import, Tax, Duty, etc.) will be the responsibility of the
and in US Territories.
end user.
Bid Number: RFP 090122 Vendor Name: Whelen Engineering Company Inc.
DocuSign Envelope ID: C6A09C08-2496-40C3-940A-F32C82BOA26C
Table 7: Marketing Plan
Line
Item
Question
Response*
36
Describe your marketing strategy for
Whelen will market through the vast distribution network, Reps and factory sales teams.
promoting this contract opportunity.
This will allow the end user easy access to the product line and simplifies the purchasing
Upload representative samples of your
efforts. The distributor will promote this contract, as they are more likely to receive a
marketing materials (if applicable) in
purchase order if they are working with the user. The reps and factory sales will have a
the document upload section of your
list of participating distributors for any given region, and they will advise the members on
response.
who they can purchase from. We can also add a page to our website dedicated to the
Sourcewell contract. Listing participating distributors.
37
Describe your use of technology and
Whelen promotes through our social media networks, such as, Facebook, Instagram,
digital data (e.g., social media,
Linkedin, YouTube, etc ... We are constantly creating new product videos and marketing
metadata usage) to enhance
materials to increase the awareness of the benefits to Whelen US manufactured products.
marketing effectiveness.
38
In your view, what is Sourcewell's role
Sourcewell should promote the contract on their social media, emails and trade shows.
in promoting contracts arising out of
Adding an email and phone number to the member list would be helpful in promoting the
this RFP? How will you integrate a
contract, as it will give us a starting point when reaching out to new business
Sourcewell-awarded contract into your
opportunities. If it's available already, I couldn't find it. This may be because we don't have
sales process?
a contract at this point. Each salesperson will be given the details of the contract,
including the members list, terms and conditions of the sale, and the participating
distributors for their area of coverage. Distributors, reps and factory sales will continue to
promote the contract to end users.
39
Are your products or services
Whelen promotes sales through our distribution network. We will have a list of participating
available through an e-procurement
distributors for each state. Some will have web sites that the user can purchase
ordering process? If so, describe your
commodity products from. Some of our product line requires drawing, such as: lightbars,
e-procurement system and how
Inner Edge, etc. therefore it requires a more hands on approach. Our strength is the
governmental and educational
ability to work with the end user to insure they are getting the best possible product for
customers have used it.
their individual requirements.
Bid Number: RFP 090122 Vendor Name: Whelen Engineering Company Inc.
DocuSign Envelope ID: C6A09C08-2496-40C3-940A-F32C82BOA26C
Table 8: Value -Added Attributes
LemQuestion
Response*
40
Describe any product, equipment,
Our sales teams will help specify the correct equipment for the application, may times this
maintenance, or operator training
includes a visit to the customer. Our offering is straight forward and doesn't require training,
programs that you offer to
however, should a member have questions, and it can't be answered by a phone call, video
Sourcewell participating entities.
call, our reps, factory personnel or distributors may be able to visit to solve any issue the
Include details, such as whether
user may have. Our field solution engineers will work with accounts on programming, if it's
training is standard or optional,
not done at the distributor level. There is no cost for training, user travel expenses
who provides training, and any
excluded. Most end user training is done either at the department or within the state, to
costs that apply.
reduce the financial impact on the department.
41
Describe any technological
We are an engineering company and are continuously making product improvements. We
advances that your proposed
manufacturer from the printed circuit board up, including populating the PC board, molding
products or services offer.
lenses, hard coating lenses, making the molds for the plastic parts, bend and cut our own
metal parts/brackets, and final assembly. We are the leader in our industry. Whelen offers a
suite of intelligent control products to help increase the safety of first responders. This is
integrated into the vehicle's CAN bus signals, so the Whelen system controls the vehicle
warning lights and sirens automatically based on vehicle speed, etc., so the officer can pay
attention to ever -changing situations. Whelen has releasing a cloud platform that can perform
over -the -air vehicle updates, Geo Fencing, vehicle tracking, etc... This will allow for updating
the control system and monitoring the emergency equipment operation while tracking the
vehicle.
42
Describe any "green" initiatives
The green initiatives that relate to the company would be converting 90% of the building's
that relate to your company or to
lighting to low energy LED lighting, and solar panels are on both facilities. The certifying
your products or services, and
agent for these green initiatives is Eversource.
include a list of the certifying
agency for each.
43
Identify any third -party issued eco-
We don't have any, as this is not available for our product line.
labels, ratings or certifications that
your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life -cycle design
(cradle -to -cradle), or other
green/sustainability factors.
44
Describe any Women or Minority
We do not fall into any of these categories.
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
State of the art manufacturing facility and a product line that is second to none. We have
company, your products, or your
our own sound chamber, and light tunnels for testing our products and these are AMECA
services offer to Sourcewell
certified labs. We are the most self-sufficient company in our industry, as we build our
participating entities? What makes
products from the ground up, we don't import assemblies for use in our products. Also, as
your proposed solutions unique in
stated previously, we have a vast sales channel that covers the US and Canada.
your industry as it applies to
Sourcewell participating entities?
Bid Number: RFP 090122 Vendor Name: Whelen Engineering Company Inc.
DocuSign Envelope ID: C6AO9CO8-2496-4OC3-94OA-F32C82BOA26C
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.
LemQuestion
Response*
46
Do your warranties cover all products, parts, and
Our warranty covers the product and include factory labor. See the Warranty
labor?
statement located in the price list and included in the attached section for
complete details.
47
Do your warranties impose usage restrictions or
No, as long as they are used for the intended purpose. See Whelen's
other limitations that adversely affect coverage?
warranty statement attached for complete details.
48
Do your warranties cover the expense of
This is not offered, as the majority of the time the customer sends the
technicians' travel time and mileage to perform
product or part back for warranty consideration. Our reps, factory and
warranty repairs?
distribution can handle most warranty issues on their scheduled visit, if
requested by the end user.
49
Are there any geographic regions of the United
Remote locations may require the user to return the product, if we can't
States or Canada (as applicable) for which you
assist them over the phone or on a Teams, Zoom or other communication.
cannot provide a certified technician to perform
Our return rate is extremely low. We also sell all over the world, and this
warranty repairs? How will Sourcewell
hasn't been an issue. We do have a Whelen certified repair facility in
participating entities in these regions be provided
Canada.
service for warranty repair?
50
Will you cover warranty service for items made by
We are only able to warranty our products. We do not have the knowledge
other manufacturers that are part of your proposal,
or access to other suppliers' parts to properly fix their problems.
or are these warranties issues typically passed on
to the original equipment manufacturer?
51
What are your proposed exchange and return
Exchanges are processed through the seller. If the agency purchased direct
programs and policies?
from Whelen, we have an RMA that needs to be completed, a simple
process. Return policy will be at the discretion of the distributor who the
member purchased from. If it's a common use item, they may exchange or
take back with no restocking fee. Whelen has a 25% restock fee, and
requires an RMA form to be completed, if the member want to return for
credit.
52
Describe any service contract options for the
We are only offering product, and do not have any service contract for our
items included in your proposal.
offering.
Table 10: Payment Terms and Financing Options
Line
Item
Question
Response*
53
Describe your payment terms and accepted payment
Net 30 Days'. Check, wire transfer or credit card.
methods.
54
Describe any leasing or financing options available for use
This is not standard in our industry and is not an option.
by educational or governmental entities.
55
Describe any standard transaction documents that you
We do not have any standard ordering forms. We accept customers
propose to use in connection with an awarded contract
Purchase Orders by email, fax or mail. Please see Whelen's
(order forms, terms and conditions, service level
Standard Terms and Conditions which are attached. We have
agreements, etc.). Upload a sample of each (as
included our commercial Warranty statement.
applicable) in the document upload section of your
response.
56
Do you accept the P-card procurement and payment
We will accept credit cards; this may vary by distributor. There is
process? If so, is there any additional cost to Sourcewell
no cost to member by paying Whelen with a credit card. This may
participating entities for using this process?
vary by distributor.
Bid Number: RFP 090122 Vendor Name: Whelen Engineering Company Inc.
DocuSign Envelope ID: C6A09C08-2496-40C3-940A-F32C82BOA26C
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.
LemQuestion
Response*
57
Describe your pricing model (e.g., line -item discounts or
For US customers, a 41% discount off of List/MSRP is being
product -category discounts). Provide detailed pricing data
offered. For Canadian customers, a 35% discount off of (List/MSRP
(including standard or list pricing and the Sourcewell
Multiplied by the exchange rate) at time of order is being offered.
discounted price) on all of the items that you want
The product selection will include all items listed in the price lists
Sourcewell to consider as part of your RFP response. If
which are attached for your review.
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
For US customers, a 41% discount off of List/MSRP is being
proposal in this response. For example, if the pricing in
offered. For Canadian customers, a 35% discount off of (List/MSRP
your response represents a percentage discount from
Multiplied by the exchange rate) at time of order is being offered.
MSRP or list, state the percentage or percentage range.
The product selection will include all items listed in the price lists
which are attached for your review.
59
Describe any quantity or volume discounts or rebate
There are no standard quantity discounts being offered. The sales
programs that you offer.
team or participating distributor may offer discounted pricing to a
particular customer based on the individual circumstances.
60
Propose a method of facilitating "sourced" products or
If the item is not on the attached or current price list at the time of
related services, which may be referred to as "open
the order, a quote can be supplied at the member's request.
market" items or "nonstandard options". For example, you
may supply such items "at cost" or "at cost plus a
percentage," or you may supply a quote for each such
request.
61
Identify any element of the total cost of acquisition that is
We are only quoting on the items. We are not quoting on service
NOT included in the pricing submitted with your response.
training, etc. (Installation is being offered through participating
This includes all additional charges associated with a
distributors only, see attached.) This is no different than buying
purchase that are not directly identified as freight or
pencils at Staples. Our sales team is motivated to insure a positive
shipping charges. For example, list costs for items like pre-
buying experience. For Canadian members, we adjusted the price
delivery inspection, installation, set up, mandatory training,
calculation and discount to include the exchange rate, Goods and
or initial inspection. Identify any parties that impose such
Service Tax and Customs and Duty. See # 57 and #58 above.
costs and their relationship to the Proposer.
Some participating distributors may offer installation at a rate not to
exceed $115 an hour, with miscellaneous supply (cable, wires,
connectors, cable lies, etc .. ) charge not to exceed $165 per
vehicle. If states require a Participating Addendum "PA", we will
subtract any administration fees from our discount. Example: A state
has a 1% administration fee, we will adjust their discount to 40%
(41 %-1 %) for US customers.
62
If freight, delivery, or shipping is an additional cost to the
Minimum order for free freight is $50. See #63. Freight is pre -paid
Sourcewell participating entity, describe in detail the
to the US and Canada (Canada by participating distributors, only),
complete freight, shipping, and delivery program.
Except Yukon, Nunavut, NW Territory, HI and AK and offshore
deliveries, by UPS Ground or similar, at Whelen's or the
participating distributor's discretion.
63
Specifically describe freight, shipping, and delivery terms or
Customer will be responsible for freight charges to AK, HI (unless
programs available for Alaska, Hawaii, Canada, or any
the order for AK or HI is $1,000 or more) and offshore deliveries.
offshore delivery.
Canada customers: See adjusted discount in #57, #58 & #62 above.
64
Describe any unique distribution and/or delivery methods or
We will survey our distributors once we have a contract, so they
options offered in your proposal.
can review and determine if they can meet all the requirements of
this agreement and if they'd like to participate in this opportunity.
They will need to agree to all of the terms and conditions. Having
participating distributors across North America will ensure prompt
attention to your member's needs. Distributors will have commodity
items in stock for quick delivery.
Bid Number: RFP 090122 Vendor Name: Whelen Engineering Company Inc.
DocuSign Envelope ID: C6AO9CO8-2496-4OC3-94OA-F32C82BOA26C
Table 12: Pricing Offered
Line
Item
The Pricing Offered in this Proposal is: *
Comments
65
d. other than what the Proposer typically offers (please describe).
Contracts vary, pending
requirements contained in the
agreement. The discount
quoted is in -line with other
similar contracts.
Table 13: Audit and Administrative Fee
Line
Item
Question
Response*
66
Specifically describe any self -audit process or program that you
We have a quote program that will calculate all sales under
plan to employ to verify compliance with your proposed Contract
this agreement. We will require our participating Distributor
with Sourcewell. This process includes ensuring that Sourcewell
to agree to the terms and conditions of the agreement and
participating entities obtain the proper pricing, that the Vendor
file quarterly reports with us. This has been done successfully
reports all sales under the Contract each quarter, and that the
before.
Vendor remits the proper administrative fee to Sourcewell. Provide
sufficient detail to support your ability to report quarterly sales to
Sourcewell as described in the Contract template.
67
If you are awarded a contract, provide a few examples of internal
Sales dollars that are generated under this agreement.
metrics that will be tracked to measure whether you are having
Increase in market share.
success with the contract.
Number of customers that utilize this agreement.
Participation by Whelen distributors.
Customer satisfaction.
68
Identify a proposed administrative fee that you will pay to
Whelen and its participating distributors will pay 1 % of the
Sourcewell for facilitating, managing, and promoting the Sourcewell
total sales of products sold under this contract to Sourcewell,
Contract in the event that you are awarded a Contract. This fee
less any returns or credits. This excludes freight charges and
is typically calculated as a percentage of Vendor's sales under the
other non -product related charges.
Contract or as a per -unit fee; it is not a line -item addition to the
Member's cost of goods. (See the RFP and template Contract for
additional details.)
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line
Item
Question
Response*
69
Provide a detailed description of the
Whelen is a US manufacture of emergency warning lights and siren systems for the
equipment, products, and services that you
Law Enforcement, DOT, Utility, Fire and EMS markets. Our product line includes
are offering in your proposal.
vehicle roof mounted lightbars, interior lightbars, Interior vehicle lighting, dash lights,
beacons, peripheral body lighting, sirens, control systems, speakers and white
illumination lighting.
70
Within this RFP category there may be
I do not see any subcategories in this proposal.
subcategories of solutions. List subcategory
titles that best describe your products and
services.
Bid Number: RFP 090122 Vendor Name: Whelen Engineering Company Inc.
DocuSign Envelope ID: C6AO9CO8-2496-4OC3-94OA-F32C82BOA26C
Table 14113: Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional
comments in the text box provided, as necessary.
Line Item
Category or Type
Offered `
Comments
71
Law Enforcement duty gear
C' Yes
We are not offering this item.
G. No
72
Traffic safety enforcement equipment, devices, and
G. Yes
Lights are sirens are key
instruments
r No
equipment for the law
enforcement agencies.
73
Crime scene management and evidence collection
Yes
We are not offering this item.
equipment and supplies
G. No
74
Tactical and EOD equipment (with the exception of those
(- Yes
We are not offering this item.
items excluded in subsections 2. or 3. of RFP)
c: No
75
Services related to the offering of the solutions in
Yes
Installation of our products is
subsections above, such as training, installation, testing,
r No
being offered at the participating
maintenance, warranty programs, and technical support
distributor level.
Table 15: Exceptions to Terms, Conditions, or Specifications Form
Line Item 76. 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.
IContract Section (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 - PL22.2WL & PL22.2PAWL.pdf - Thursday August 11, 2022 07:30:58
• Financial Strength and Stability - Financeial Strenghte and Stability 9 2022.pdf - Tuesday August 16, 2022 11:09:17
• Marketing Plan/Samples - Marketing Plan Samples 9 2022.pdf - Tuesday August 16, 2022 12:39:23
• WMBE/MBE/SBE or Related Certificates - WMBE.MBE.SBE or Related Certificates 9 2022.pdf - Tuesday August 16, 2022
11:11:26
• Warranty Information - Warranty PL22.2.pdf - Thursday August 11, 2022 08:11:29
• Standard Transaction Document Samples - Standad Transaction Documents 9 2022.pdf - Tuesday August 16, 2022 11:12:19
• Upload Additional Document - Whelen Installation Pricing 9 2022.pdf - Tuesday August 16, 2022 11:10:49
Bid Number: RFP 090122 Vendor Name: Whelen Engineering Company Inc.
DocuSign Envelope ID: C6A09C08-2496-40C3-940A-F32C82BOA26C
Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of
this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: https://www.treasury_gov/ofac/downloads/sdnlist.pdf;
2. Included on the government -wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
Bid Number: RFP 090122 Vendor Name: Whelen Engineering Company Inc.
DocuSign Envelope ID: C6A09C08-2496-40C3-940A-F32C82BOA26C
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. - Ashish Jain, CFO, Whelen Engineering Company, Inc.
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)
Addend um_5_Law_Enforcement_Equi pment_RFP_090122
r
1
Wed August 24 2022 02:56 PM
Addend um_4_Law_Enforcement_Equipment_RFP_090122
r1_1
2
Wed August 17 2022 04:20 PM
Request clarification between Table 4: References/Testimonials and Table 5: Top Five Government
or Education Customers. If a vendor's service offering falls within this category, they could all be
the same type of references. Answer 1: In the competitive process, Sourcewell will not advise a
proposer on the content of the proposal. It is left to the discretion of each proposer to determine
r
1
how to best demonstrate their experience in serving the types of entities that would be eligible for
Sourcewell membership and in satisfying all the requirements included in the questionnaire tables.
Tue August 16 2022 09:33 AM
Addend um_2_Law_Enforcement_Equi pment_RFP_090122
1
Wed August 10 2022 07:59 AM
Addend um_1_Law Enforcement_Equipment_RFP_090122
r
2
Mon July 18 2022 04:34 PM
Bid Number: RFP 090122 Vendor Name: Whelen Engineering Company Inc.
Docusign Envelope ID: 4A0EFC5D-4E88-4D1D-9EF6-6BBD08174638
AMENDMENT #1
TO
CONTRACT # 090122-WHL
THIS AMENDMENT is effective upon the date of the last signature below by and between
Sourcewell and Whelen Engineering Company, Inc. (Supplier).
Sourcewell awarded a contract to Supplier to provide Law Enforcement Equipment to
Sourcewell and its Participating Entities, effective November 7, 2022, through November 7,
2026 (Contract).
Supplier wishes to amend the Contract's Proposal to modify its discount structure.
NOW, THEREFORE, the parties amend the Contract as follows:
1. Line item 57 in "Table 11: Pricing and Delivery" of the Proposal is deleted in its entirety
and replaced with the following:
"For US customers, a 0% to 41% discount off list/MSRP is being offered. Whelen Clouc
Platform will carry a 0% discount, Mass Notification Product will carry a 10% discount,
while Automotive hardware will carry a 41% discount. For Canadian customers, a 35%
discount off LIST/MSRP (Multiplied by the exchange rate) at time of order is being
offered. Refer to the applicable price list."
2. Line item 58 in "Table 11: Pricing and Delivery" of the Proposal is deleted in its entirety
and replaced with the following:
"For US customers, a 0% to 41% discount off list/MSRP is being offered. Whelen Cloud
Platform will carry a 0% discount, Mass Notification Product will carry a 10% discount,
while Automotive hardware will carry a 41% discount. For Canadian customers, a 35%
discount off Automotive hardware LIST/MSRP (Multiplied by the exchange rate) at time
of order is being offered. Refer to the automotive price list. (Note: Mass Notification and
Whelen Cloud Platform is not being offered in Canada)."
Except as amended by this Amendment, the Contract remains in full force and effect.
Sourcewell
Signed by:
BV �t Vt �y st6akfll
COFD2A 139D06489...
Jeremy Schwartz
Chief Procurement Officer
Date: 10/30/2024 1 3:34 PM CDT
Whelen Engineering Company, Inc.
DocuSigned by:
B (,rail �1-jy %av SU
7741AE9E980F46C...
Craig Szymanski
Director of Sales Administration
Date: 10/30/2024 1 2:40 PM CDT
Sourcewell Contract # 090122-WHL 1 Amendment #1
Page 1 of 1
Docusign Envelope ID: 6F4FDEB7-DE77-429B-901F-0465B4E26AAF
AMENDMENT #2
TO
CONTRACT # 090122-W H L
THIS AMENDMENT, effective upon the date of the last signature below, is by and between
Sourcewell and Whelen Engineering Company, Inc. (Supplier).
Sourcewell awarded a contract to Supplier to provide Law Enforcement Equipment to Sourcewell
and its Participating Entities, effective November 7, 2022, through November 7, 2026 (Contract)
and Supplier wishes to amend the Contract's Proposal.
NOW, THEREFORE, the parties amend the Contract as follows:
1. Article 6. Participating Entity Use and Purchasing, B. Additional Terms and
Conditions/Participating Addendum" of the Contract is deleted in its entirety and replaced with
the following:
"Additional terms and conditions to a purchase order, or other required transaction
documentation, may be negotiated between a Participating Entity and Supplier, including a
Master Service Agreement (MSA) with Whelen Engineering Company, Inc.; and other terms and
conditions 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."
2. Line item 55 in "Table 10: Payment Terms and Financing Options" of the Proposal is deleted in
its entirety and replaced with the following:
"We do not have any standard ordering forms. We accept customers Purchase Orders by email,
fax or mail. Please see Whelen's Standard Terms and Conditions which are attached. Additionally,
Whelen requires the execution of a Master Services Agreement (MSA) which is a required
transaction document for the purchase, activation, and use of our Cloud platform."
Except as amended by this Amendment, the Contract remains in full force and effect.
Sourcewell
Signed by- Cc ...
r,�JD06489
Jeremy Schwartz
Chief Operating and Procurement Officer
Date: 11/17/2025 1 1:34 PM CST
Whelen Engineering Company, Inc.
DocuSigned by:
� -0 SA) ►Mat&SLj
77OAHE980F46C...
Craig Szymanski
Director of Sales Administration
Date: 11/17/2025 1 1:14 PM CST
Sourcewell Contract 090122-WHL I Amendment #2
Page 1 of 1
Whelen Engineering Company, Inc. #090122-WHL
Pricing for contract #090122-WHL offers Sourcewell participating agencies:
Automotive Products
US customers:
• Discount: 41% off list/MSRP (PL25.0WL & PL25.0PAWL)
• Installation: $122 per hour cap
• Miscellaneous Supplies: $174 per Vehicle
US customers - Whelen Cloud Platform WCP
• Discount: None, pricing is Net, no discounts allowed.
Canadian customers:
• 35% off list/MSRP (multiplied by the exchange rate at time of order) (PL25.0WL &
PL25.0PAWL)
• Installation: $122 USD per hour cap (multiplied by the exchange rate at time of order)
• Miscellaneous Supplies: $174 USD per Vehicle (multiplied by the exchange rate at time
of order)
Mass Notification Products
US customers:
• Discount: 10% off list/MSRP (Mass Notification List Price 2025)
• Freight: Prepay and Add to the Invoice
Rev. 3/2022 Sourcewell RFP #090122
Law Enforcement Equipment
Page 4
B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower
prices and with better value than what they would ordinarily offer to a single government
entity, a school district, or a regional cooperative.
1. Sourcewell is seeking proposals for Law Enforcement Equipment, construed to consist of
equipment, gear, tools, and instruments (including related services), designed or used for law
enforcement activity, criminal investigation, tactical response, and traffic enforcement, of the
following types:
a. Law enforcement duty gear;
b. Traffic safety enforcement equipment, devices, and instruments;
c. Crime scene management and evidence collection equipment and supplies;
d. Tactical and EOD equipment (with the exception of those items excluded in subsections
2. or 3. below); and,
e. Services related to the offering of the solutions in subsections 1. a. – d. above, such as
training, installation, testing, maintenance, warranty programs, and technical support.
2. The focus of this solicitation is on Law Enforcement Equipment. This solicitation should
NOT be construed to include: 1) firearms and ammunition; 2) conducted energy weapons; or 3)
critical care, resuscitation, or EMS equipment.
3. This solicitation does not include those equipment, products, or services covered under
categories included in contracts currently maintained by Sourcewell:
a. Laboratory and Science Equipment and Supplies with Related Accessories and Services
(RFP #042419);
b. Public Safety Video Surveillance Solutions with Related Equipment, Software and
Accessories (RFP #010720);
c. Uniforms with Related Products and Services (RFP #040920);
d. Body Armor with Related Accessories, Equipment, and Services (RFP #011221);
e. Public Safety Communications Technology and Hardware Solutions (RFP #042021);
f. Lab Services and Testing with Related Products and Supplies (RFP #011222); and,
g. Public Safety Training and Simulation Equipment and Technology (RFP #011822).
Proposers may include related equipment, accessories, and services to the extent that these
solutions are complementary to the equipment, products, or service(s) being proposed.
Generally, the solutions for Participating Entities are turn-key solutions, providing a
combination of equipment, products and services, delivery, and installation to a properly
operating status. However, equipment-only or products-only solutions may be appropriate for
situations where Participating Entities possess the ability, either in-house or through local third-
Rev. 3/2022 Sourcewell RFP #090122
Law Enforcement Equipment
Page 5
party contractors, to properly install and bring to operation the equipment or products being
proposed.
Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment,
products, and services provided under a resulting contract. If proposer is including the
equipment, products, and services of its subsidiary entities, the proposer must also identify all
included subsidiaries in its proposal. If proposer requires the use of distributors, dealers,
resellers, or subcontractors to provide the equipment, products, or services, the proposal must
address how the equipment, products or services will be provided to Participating Entities, and
describe the network of distributors, dealers, resellers, and/or subcontractors that will be
available to serve Participating Entities under a resulting contract.
Sourcewell encourages suppliers to offer the broadest possible selection of equipment,
products, and services being proposed over the largest possible geographic area and to the
largest possible cross-section of Sourcewell current and future Participating Entities.
C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industry standards, laws, and
regulations and possess an ability to market and distribute the equipment, products, or services
to Participating Entities.
1. Safety Requirements. All items proposed must comply with current applicable safety or
regulatory standards or codes.
2. Deviation from Industry Standard. Deviations from industry standards must be
identified with an explanation of how the equipment, products, and services will provide
equivalent function, coverage, performance, and/or related services.
3. New Equipment and Products. Proposed equipment and products must be for new,
current model; however, proposer may offer certain close-out equipment or products if
it is specifically noted in the Pricing proposal.
4. Delivered and operational. Unless clearly noted in the proposal, equipment and
products must be delivered to the Participating Entity as operational.
5. Warranty. All equipment, products, supplies, and services must be covered by a
warranty that is the industry standard or better.
D. ANTICIPATED CONTRACT TERM
Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an
optional one-year extension that may be offered based on the best interests of Sourcewell and
its Participating Entities.
WHELEN Q Find A Distributor
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TEECO Safety, Inc.
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Superior Chevrolet
M Box 10198
Silaam Springs AR
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SBL ENTERPRISES LLC
FORT SMITH AR ]29,8-0000
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Best Tools Inc.
10963 Hwy 69 N
Gravette AR 736
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4. (4M)]8]-1065
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Arkansas Valley Communications
1201-8tn st
ssaNine ARR801
us
b (479)968-1502
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Pinnacle Emergency Vehicles LLC
201 Commercial St
US
4. (4")787-8578
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 102-24
File Number: 2024-1788
WHELEN UP -FITTING PARTS AND ACCESSORIES (PURCHASE AGREEMENT):
A RESOLUTION TO AUTHORIZE THE PURCHASE OF WHELEN UP -FITTING PARTS AND ACCESSORIES
FROM LOCAL AUTHORIZED DISTRIBUTORS ON AN AS NEEDED BASIS THROUGH NOVEMBER 7, 2026,
AND ANY RENEWAL PERIODS, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING
CONTRACT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of Whelen up -
fitting parts and accessories from local authorized distributors on an as -needed basis through November 7, 2026, and
any renewal periods, pursuant to a Sourcewell cooperative purchasing contract.
PASSED and APPROVED on March 19, 2024
Page 1
Attest:
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Kara Paxton, City erTTreasurer �• �� : �:
CITY OF CITY COUNCIL MEMO
FAYETTEVILLE
P49W ARKANSAS 2024-1788
MEETING OF MARCH 19, 2024
TO: Mayor Jordan and City Council
THRU: Terry Gulley, Asst Public Works Director - Ops
FROM: Ross Jackson, Jr., Fleet Operations Superintendent
SUBJECT: WHELEN UPFITTING PARTS AND ACCESSORIES (PURCHASE AGREEMENT):
RECOMMENDATION:
APPROVE THE PURCHASE OF WHELEN UP -FITTING PARTS AND ACCESSORIES THROUGH LOCAL
AUTHORIZED DISTRIBUTORS PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING
CONTRACT (090122-WHL) ON AN AS NEEDED BASIS THROUGH NOVEMBER 7, 2026 AND ANY
ADDITIONAL RENEWALS.
BACKGROUND:
Fleet routinely needs to purchase and install additional lighting and electronics for front line operation of
departmental vehicles. This up -fitting allows for increased visibility for City of Fayetteville employees and the
public's safety.
DISCUSSION:
Fleet is recommending approval and fleet standardization of Whelen lights and electronics. Fleet has had both -
in -house training and are currently using diagnostic software to install, program and repair these systems.
BUDGET/STAFF IMPACT:
The purchase of these parts are budgeted in the shop fund.
ATTACHMENTS: SRF (#3)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Legislation Text
File #: 2024-1788
WHELEN UPFITTING PARTS AND ACCESSORIES (PURCHASE AGREEMENT):
A RESOLUTION TO AUTHORIZE THE PURCHASE OF WHELEN UP -FITTING PARTS AND
ACCESSORIES FROM LOCAL AUTHORIZED DISTRIBUTORS ON AN AS NEEDED BASIS
THROUGH NOVEMBER 7, 2026, AND ANY RENEWAL PERIODS, PURSUANT TO A
SOURCEWELL COOPERATIVE PURCHASING CONTRACT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of
Whelen up -fitting parts and accessories from local authorized distributors on an as -needed basis through
November 7, 2026, and any renewal periods, pursuant to a Sourcewell cooperative purchasing contract.
Page 1
Ross Jackson
Submitted By
City of Fayetteville Staff Review Form
2024-1788
Item ID
3/19/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/28/2024 FLEET OPERATIONS (770)
Submitted Date Division / Department
Action Recommendation:
APPROVE THE PURCHASE OF WHELEN UP -FITTING PARTS AND ACCESSORIES THROUGH LOCAL AUTHORIZED
DISTRIBUTORS PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (090122-WHL) ON AN AS
NEEDED BASIS THROUGH NOVEMBER 7, 2026 AND ANY ADDITIONAL RENEWALS.
Budget Impact:
9700.770.1910-5214.00
Shop
Account Number Fund
NA NA
Project Number
Budgeted Item? Yes
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 1,152,500.00
$ 156,660.09
I a 995,839.91
$ 94s.83441
Previous Ordinance or Resolution #
Approval Date:
V20221130