DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
041123-CPL
Solicitation Number: RFP #041123
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Cooper Lighting, LLC, 125 East Jefferson Street, Syracuse, NY 13202
(Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Sports Lighting Solutions with Related Technology,
Equipment, and Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
EXPIRATION DATE AND EXTENSION. This Contract expires June 16, 2027, unless it is cancelled
sooner pursuant to Article 22. This Contract allows up to three additional, successive one-year
extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell
retains the right to consider additional extensions beyond seven years as required under
exceptional circumstances.
B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
other rights will cease upon expiration or termination of this Contract.
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2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. As provided and subject to the terms under Sections C through H below and
the terms and conditions of Supplier’s Standard Product Warranty, Supplier warrants that all
Equipment, Products, and Services furnished are free from liens and encumbrances, and are
free from defects as provided below. 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. WHAT THE WARRANTY COVERS: Supplier warrants to the end user of the original installation
location that new Vendor fixtures purchased from Vendor, or an authorized distributor
(“Products” or “Equipment”) shall, for a period of ten (10) years from the date of original
shipment (the “Warranty Period”), be free from defects in material and workmanship of the
Vendor fixtures. During the Warranty Period, Vendor’s sole obligation, and Sourcewell’s or
Participant Entity’s sole remedy, shall be, at Vendor’s sole discretion, to repair, replace, or
provide a refund for Products found to be defective as defined herein. Vendor shall not be
responsible for any other costs, including for the costs of: labor relating to de-installation of any
defective Product or re-installation of any replacement Product; the shipment of defective or
replacement Product; or post-installation testing of any Product for purposes of this Warranty.
Vendor shall not be bound by any terms, conditions, or representations, which are not stated
herein including, but not limited to, any statements made by distributors or re-sellers.
D. WHAT VOIDS OR IS NOT COVERED UNDER THE WARRANTY: This Warranty is void, and
Vendor shall have no liability hereunder, with respect to a Product if Sourcewell or Member or
any person other than an employee, independent contractor, or subcontractor of Vendor: (a)
install(s) or use a Product in a manner that is not in accordance with the applicable
specifications and instructions, including, but not limited to, over/under voltage or current
conditions, excessive switching cycles, operating hours, or outside any applicable operating
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conditions; (b) without the prior written consent of Vendor, modify, tamper, or disassemble a
Product, including, without limitation, alter serial numbers or removes factory supplied stickers
or labels of a Product; or (c) use unauthorized components, parts, accessories, or other
materials to repair a Product. This Warranty does not cover: (A) cosmetic defects; (B) damage,
defects, or failure caused by i. acts of God; ii. accident, misuse, misapplication, abuse,
negligence, or modification of any part of the Product; iii. improper storage, installation, repair,
operation, inspection, or maintenance; iv. the use of unauthorized components, parts,
accessories, or other materials or by equipment or products manufactured by someone other
than Vendor; v. wrong or inadequate electrical current or connection; or vi. transit. (C) Other
equipment or products manufactured by someone other than Vendor. (D) Labor or contractor
costs associated with removing or replacing Vendor Products.
E. WARRANTY ACTIVATION/SERVICE CLAIMS: Sourcewell or Member must make a valid Warranty
claim to Vendor in order to receive coverage under the Warranty. Warranty claims can be
serviced by contacting Vendor’s customer service and sales center: Phone: (315) 579-2873;
Email: ephesuswarranty@eaton.com. If Sourcewell or Member is unsure whether a situation
exists that is covered by the Warranty, then Sourcewell or Member may contact Vendor’s
customer service and sales center at the phone number or email address listed for assistance.
F. REPLACEMENT OF OR REPAIR OF PRODUCT: Vendor, in its discretion, may use comparable
product of equal or greater value to replace a Product that meets the conditions of this
Warranty. Furthermore, in performing repairs to a Product that meets the conditions of this
Warranty, Vendor reserves the right to utilize new, reconditioned, refurbished, repaired, or
remanufactured products or parts. Repaired or replaced Products are warranted for the
remainder of the original Warranty Period. Vendor reserves the right to examine all returned
Products, their specific installation location, and patterns of usage to determine the cause of
failure.
G. Supplier warrants that any Services provided will be performed in a professional and
workmanlike manner in accordance with the degree of skill and care required by prevailing
industry practices and warrants such Services shall remain free from defects in workmanship for
a period of one hundred eighty (180) days following the date of substantial completion of the
installation (the “Service Warranty”). Supplier agrees to promptly correct, repair, and remedy, at
its sole cost, expense and convenience, any qualifying defect arising from a breach of such
Service Warranty, provided such defect is identified prior to the expiration of the Service
Warranty period. The foregoing shall be Participating Member’s exclusive remedy, and sole
liability, with respect to any breach of the Service Warranty.
H. LIMITATION OF WARRANTY: THE FOREGOING WARRANTIES ARE EXCLUSIVE EXCEPT FOR
WARRANTY OF TITLE. VENDOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND
FITNESS FOR A PARTICULAR PURPOSE, OR ANY ARISING FROM CUSTOM, COURSE OF DEALING,
USAGE OR OTHERWISE. CORRECTION OF NON-CONFORMITIES IN THE MANNER AND FOR THE
PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE VENDOR’S SOLE LIABILITY AND
SOURCEWELL’S AND PARTICIPATING ENTITY’S EXCLUSIVE REMEDY FOR FAILURE OF VENDOR TO
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MEET ITS WARRANTY OBLIGATIONS, WHETHER CLAIMS ARE BASED IN CONTRACT (INCLUDING
WARRANTY), IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE.
I. 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 Equipment or Product is
damaged at the time of delivery, Supplier must permit the Equipment and Products to be
serviced through a warranty claim at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect 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 repeatedly
delivers defective 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.
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C. PAYMENT TERMS. All payments are due net thirty (30) days in full, from date of invoice, except
where a longer term is required by law.
D. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Notwithstanding anything to the contrary set forth herein, Supplier may request Equipment,
Product, or Service changes, additions, or deletions at any time. All requests must be made in
writing by submitting a signed Sourcewell Price and Product Change Request Form to the
assigned Sourcewell Supplier Development Administrator. This approved form is available from
the assigned Sourcewell Supplier Development Administrator. At a minimum, the request
must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an
amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity’s
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authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government-
owned facilities, including schools. Supplier’s employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry-specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum, the terms of which will be negotiated directly between the
Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as
applicable. Any negotiated additional terms and conditions must never be less favorable to the
Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
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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 or Supplier may terminate an order,
in whole or in part, immediately upon notice in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• 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);
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• Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
by Participating Entities under this Contract during each calendar quarter. Payments should
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.
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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.
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
Vendor agrees to indemnify, defend and hold harmless Sourcewell and its Participating Entities,
including its agents and employees from all third-party claims or causes of action against
Sourcewell, its agents, or employees, including reasonable attorney's fees, asserted against
Sourcewell and directly and proximately caused by the negligent acts or omissions or
misconduct of Vendor, its agents or its employees or its obligations hereunder. In no event will
either party be liable for any indirect, punitive, special, incidental or consequential damage in
connection with or arising out of this Contract however it arises, whether in contract, tort, strict
product liability or otherwise.
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12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, maintained, or
disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and
license to use the trademark(s) provided to Supplier by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell’s relationship with
Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and
license to use Supplier’s trademarks in advertising and promotional materials for the
purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in
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 licensing party’s written directives regarding the 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.
5. Except as expressly set forth immediately above, no other rights with respect to either
party’s intellectual property (including any respecting trademarks) is granted or implied.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
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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.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other events or conditions that are beyond that party’s reasonable control, including
without limitation, acts of any government and freight embargoes. 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.
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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. A material breach of any term or condition of this Contract (other than in connection with
a Force Majeure event).
The party claiming default must provide written notice of the default, with at least 30 calendar
days to cure the default. Time allowed for cure will not diminish or eliminate any liability for
liquidated or other damages. If the default remains after the opportunity for cure, the non-
defaulting party may:
• Exercise any remedy provided herein or at law (subject to any exclusivity of remedy
provisions), 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
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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
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.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
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certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier’s commercial
general liability insurance policy with respect to liability arising out of activities, “operations,” or
“work” performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Supplier or its subcontractors The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must
require similar written express waivers of subrogation and insurance clauses from each of its
subcontractors. Notwithstanding anything the contrary set forth herein, Supplier will be
required to maintain any coverages and policies (subject to the terms and conditions herein)
for the benefit of a Participating Entity only until final completion of the work under a given
purchase order has been completed by Supplier.
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. Suppliermust maintain or cause its subcontractor(s) to maintain a valid
and current status on all required federal, state/provincial, and local licenses, bonds,
and permits required for the performance of the work that the Supplier performs for
Participating Entities under a specific contract or purchase order.
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
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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
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
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the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Supplier must be in
compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above.
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F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Suppliers must file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31
U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent Supplier accepts a purchase
order from a Participating Member that expressly notes that the procurement must comply
with the Buy American Act of 1933 , 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
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interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to
this Contract or any purchase by a Participating Entity and is not subject to any obligations or
liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter
resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The
Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and
Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a
Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services,
Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and
Participating Entity are able to assess the actual or potential conflict; and provide any additional
information as necessary or requested.
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
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EQUIPMENT. To the extent applicable to Products subject to an accepted purchased order
under this Agreement, Supplier certifies that during the term of this Contract the Products it
supplies will comply with applicable requirements of 2 C.F.R. § 200.216.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days’ written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier’s
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell Cooper Lighting, LLC
By: __________________________ By: __________________________
Jeremy Schwartz Benjamin Brinkert
Title: Chief Procurement Officer Title: Legal Counsel
8/14/2023 | 9:39 AM CDT 8/15/2023 | 7:28 AM CDT
Date: ________________________ Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
8/15/2023 | 8:21 AM CDT
Date: ________________________
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RFP 041123 - Sports Lighting Solutions with Related Technology,
Equipment, and Services
Vendor Details
Company Name: Cooper Lighting, LLC
Does your company conduct
business under any other name? If Cooper Lighting, LLC
yes, please state:
1121 HIGHWAY 74 SOUTH
Address:
PEACHTREE CITY, GA 30269
Contact: Gabriel Hough
Email: gabe.hough@cooperlighting.com
Phone: 315-727-4340
HST#: 04-3391805
Submission Details
Created On: Friday February 24, 2023 12:55:31
Submitted On: Friday April 07, 2023 10:52:06
Submitted By: Gabriel Hough
Email: gabe.hough@cooperlighting.com
Transaction #: f2b5d983-b50e-421e-ba9b-bb4b13f36f17
Submitter's IP Address: 165.225.216.188
Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC
DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
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
Question Response *
Item
1 Proposer Legal Name (one legal entity only): Cooper Lighting, LLC
(In the event of award, will execute the *
resulting contract as "Supplier")
2 Identify all subsidiary entities of the Proposer Cooper Lighting, LLC
whose equipment, products, or services are *
included in the Proposal.
3 Identify all applicable assumed names or DBA Cooper Lighting Solutions, Ephesus Sports Lighting, Cooper Lighting, Signify
names of the Proposer or Proposer's *
subsidiaries in Line 1 or Line 2 above.
4 Provide your CAGE code or Unique Entity COOPER LIGHTING 31735251 (CAGE/SAM expired back in 2020)
*
Identifier (SAM):
5 Proposer Physical Address: 125 East Jefferson St. Syracuse, NY 13202 *
6 Proposer website address (or addresses): www.cooperlighting.com
https://www.cooperlighting.com/global/brands/ephesus *
https://www.ephesuslighting.com
7 Proposer's Authorized Representative (name, Gabe Hough
title, address, email address & phone) (The Director Of Customer Experience- Ephesus
representative must have authority to sign 125 E. Jefferson St.
the “Proposer’s Assurance of Compliance” on Syracuse, NY 13202 *
behalf of the Proposer and, in the event of gabe.hough@cooperlighting.com
award, will be expected to execute the 315-238-8831 (Office)
resulting contract): 315-727-4340 (Cell)
8 Proposer's primary contact for this proposal Gabe Hough
(name, title, address, email address & phone): 125 E. Jefferson St.
Syracuse, NY 13202 *
gabe.hough@cooperlighting.com
315-238-8831 (Office)
315-727-4340 (Cell)
9 Proposer's other contacts for this proposal, if Michael Quijano
any (name, title, address, email address & Director of Business Development
phone): 125 East Jefferson St
Syracuse, NY 13202
Michael.Quijano@Cooperlighting.com
315-579-2897
Bryan Thomas
Strategic Sales Manager
125 E Jefferson St.
Syracuse, NY 13202
Bryan.Thomas@cooperlighting.com
315-247-1222
Table 2: Company Information and Financial Strength
Line
Question Response *
Item
Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC
DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
10 Provide a brief history of your company, At the heart of our success is our commitment to our core values: delivering the
including your company’s core values, highest quality products and services, being dedicated to customer service and
business philosophy, and industry longevity safety, promoting sustainability, and innovation. We are continuously striving to create
related to the requested equipment, products better more efficient solutions that help our customers light their spaces better, while
or services. increasing their sustainability and reducing their environmental impact.
Established in 2011, Ephesus Sports Lighting offers a wide array of lighting
solutions, from full-scale stadium and arena lighting to smaller ball fields and indoor
gymnasium lighting. Our products are designed to provide the highest quality
illumination with the least amount of energy, allowing customers to save energy and
reduce their carbon footprint. We also offer lighting control solutions, allowing
customers to customize their lighting for the perfect environment.
Acquired in 2020 by Signify, the world leader in lighting, our team of dedicated *
professionals have developed strong partnerships with our customers, helping us to
understand their needs and develop the best solutions for them. With more than 10
years of specific industry experience, we are proud to be one of the leading
suppliers of LED sports lighting solutions.
Our unwavering commitment to innovation and customer satisfaction has allowed us
to remain a trusted partner for many of our customers. At Ephesus Sports Lighting,
we believe that our products, combined with our commitment to customer service,
are what sets us apart from other lighting providers. We strive to be a trusted
partner who can provide our customers with the best solutions for their needs. We
continue to innovate and create better solutions and are excited to see what the
future holds for us.
11 What are your company’s expectations in the Being one of the incumbent contract holders for LED Sports Lighting to the
event of an award? Sourcewell Membership we know the enormous potential that our products and
related services have to offer. Over the past three years we have gained traction
within our sales approach when speaking with prospective customers that are either
current members or have the eligibility to become members, educating them on the
streamlined procurement that Sourcewell contracts offer.
If awarded the contract renewal, we'll continue to prioritize offering Sourcewell as a *
procurement vehicle to eligible entities as early as possible in the sales process.
We'll also continue to educate our sales channels on this tremendous opportunity
they have that will impact the communities in which they live and serve.
If awarded Cooper Lighting LLC will work with all Sourcewell Members that are
looking to upgrade to LED Sports Lighting and make sure that each project is ran
in a cost-effective manner and is efficiently implemented.
12 Demonstrate your financial strength and Cooper Lighting, LLC is a subsidiary of Signify N.V. Corporation, which is publicly
stability with meaningful data. This could traded and reported sales of $2.1 Billion in 2022, with strong market share growth
include such items as financial statements, and EBITA margins.
SEC filings, credit and bond ratings, letters *
of credit, and detailed reference letters. Financial Information can be found here: https://www.signify.com/global/our-
Upload supporting documents (as applicable) company/investors/financial-reports/annual-report
in the document upload section of your
response.
13 What is your US market share for the Cooper Lighting LLC has been selling lighting products and solutions for over 100
solutions that you are proposing? years in the US market. Cooper Lighting LLC and Ephesus paved the way for the
LED Sports Lighting Industry, leading the technological revolution for early adopters.
We are the leaders when it comes to LED Sports Lighting. We share 25% of the
*
overall market for Sports Lighting, and 50% of all LED Sports Lighting applications.
We are constantly re-imagining the possibilities and will continue to set the trend
with our dedication to R&D and NPI for the industry. Our products are focused at
making them available to the core markets that Sourcewell members operate in.
14 What is your Canadian market share for the We have dedicated resources in sales and operations to service the Canadian
solutions that you are proposing? Market. Cooper Lighting LLC has a long standing history within the market and the
Ephesus brand own 25% of the Sports Lighting Market and 50% of the LED Sports
Lighting Market in Canada. We continue to work with our existing sales agencies *
and integrator partners to promote LED Sports Lighting. We will look to leverage
the Canoe sales channel through Sourcewell to further drive LED sports lighting
adoption.
15 Has your business ever petitioned for Cooper Lighting, LLC has never petitioned for bankruptcy protection. *
bankruptcy protection? If so, explain in detail.
Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC
DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
16 How is your organization best described: is Cooper Lighting LLC is a manufacturer with dedicated sales and operational
it a manufacturer, a distributor/dealer/reseller, employees that work directly for the Ephesus brand. We also have third-party sales
or a service provider? Answer whichever agents and integrator that have exclusivity contracts as part of our network. Below is
question (either a) or b) just below) best our regional breakdown for servicing customers.
applies to your organization.
a) If your company is best described as The United States regions have been broken into West, Mountain West, Gulf
a distributor/dealer/reseller (or similar entity), Central, Central Great Lakes, South and Northeast. Each of these regions has a
provide your written authorization to act as a support team consisting of a Regional Sales Manager (RSM), Project Manager
distributor/dealer/reseller for the manufacturer (PM), Lighting Designer (LD), Inside Sales Representative (ISR) and territory sales
of the products proposed in this RFP. If Agents that develop and implement successful projects. The RSMs and Agents
applicable, is your dealer network oversee creating end user relationships within the region with support from the *
independent or company owned? Lighting Designer, Project Manager and Inside Sales Representative creating the
b) If your company is best described as designs, quotes, and construction plans to ensure smooth project implementation
a manufacturer or service provider, describe whether a site is new construction or retrofitting existing structures.
your relationship with your sales and service
force and with your dealer network in Cooper Lighting has strategic partnerships through contracted 3rd party agents and
delivering the products and services integrators that extend our customer service outreach. Through our agent and
proposed in this RFP. Are these individuals integrator network we work with end users and specifiers to drive project
your employees, or the employees of a third development to stimulate the market. Our network also provides the local on
party? demand resources needed to successfully implement projects. Our integrator
relationships have resulted in highly trained and qualified electrical contractors
available throughout the country to help successfully deploy turnkey solutions.
17 If applicable, provide a detailed explanation Cooper Lighting LLC works with our contracted agency and integrator network
outlining the licenses and certifications that throughout the project life cycle to ensure that all parties are properly certified and
are both required to be held, and actually licensed to perform the expected work.
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” Not applicable.
information that has applied to your *
organization during the past ten years.
Table 3: Industry Recognition & Marketplace Success
Line
Question Response *
Item
19 Describe any relevant industry awards or Cooper Lighting’s Ephesus Sports Lighting brand has been recognized for its
recognition that your company has received innovation and leadership in the lighting industry since its inception. In 2012,
in the past five years Ephesus was the first to light a professional venue with LED technology and
continued to be the leader in LED lighting with firsts in NCAA basketball and
hockey arenas in 2013, first NFL stadium with LED technology and individual light
control in 2014, introduction of color temperature tuning and wireless control
technology in 2015 and beam tuning technology in 2017. In 2018, Ephesus was the
first to deploy integrated RGB in every fixture, launch an instant upgrade capability, *
and outdoor stadium light with RGBA LED technology. In 2020, Ephesus introduced
the first redundant power in LED sports lighting and, in 2022, the first instant
photometric design web application Light ARchitect that provides instant sports
lighting designs for football fields, soccer fields, baseball diamonds, softball
diamonds, and tennis courts. In recognition of these unique and innovative products,
the Illumination Engineering Society has awarded Ephesus Sports Lighting Progress
Report awards for advancements in lighting technology and design of its LED
products.
20 What percentage of your sales are to the Ephesus Sports Lighting sales to the government sector in the past three years *
governmental sector in the past three years account for 35% of revenue.
21 What percentage of your sales are to the Ephesus Sports Lighting sales to the education sector in the past three years
*
education sector in the past three years account for 45% of revenue.
22 List any state, provincial, or cooperative Sourcewell (Awarded Contract in 2019) - $10.5M in Sales to Date
purchasing contracts that you hold. What is TIPS USA (Awarded Contract in 2019) - $1.5M in Sales to Date *
the annual sales volume for each of these Buy Boards (Awarded Contract 2019)- $400K in Sales to Date
contracts over the past three years?
23 List any GSA contracts or Standing Offers We do not currently hold any GSA or SOSA contracts.
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for *
each of these contracts over the past three
years?
Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC
DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
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 *
University of South Carolina Jeff Davis - Associate AD Facilities and Operations 803-413-1434 *
jeffd@mailbox.sc.edu
City of Newport Public Services Department Scott D Wheeler - Superintendent of Parks, Grounds & 401-845-5802
Forestry *
swheeler@cityofnewport.com
Glenville State College Thomr R Ratliff 304-462-6241 *
Thomas.Ratliff@glenville.edu
Reavis High School Michael Hock - Athletic Director 708-935-1741
Mhock@d220.org
Bangor Public Schools Lynn Johnson - Superintendent 269-427-6805
Ljohnson@bangorvikings.org
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.
State / Dollar Volume Past Three
Entity Name Entity Type * Scope of Work * Size of Transactions *
Province * Years *
City of Government Illinois - IL Provide designs, materials and $50K-$200K average $2.5M
Chicago Park project management to upgrade *
& Rec city parks to LED Sports lighting.
City of Government Pennsylvania - Provide designs, materials and $25-$100K average $1.2M
Philadelphia PA project management to upgrade *
city parks to LED Sports lighting.
New York City Government New York - NY Provide designs, materials and $25-$100K average $1.8M
project management to upgrade *
city parks to LED Sports lighting.
Border Patrol Government Texas - TX Provide design & materials to $200-$500K average $2.5M *
light the border between US/MX
Department of Government District of Provided designs, material and $100-$250K average $8.5
Defense- Columbia - DC project management to upgrade *
AirForce bases with LED site lighting.
Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC
DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number
of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third
party), and any overlap between the sales and service functions.
Line
Question Response *
Item
26 Sales force. The United States regions have been broken into West, Mountain West, Gulf Central,
Central Great Lakes, South and Northeast. Each of these regions has a dedicate
Cooper Lighting employed support team consisting of a Regional Sales Manager
(RSM), Project Manager (PM), Lighting Designer (LD), Inside Sales Representative
(ISR). Within each state and territory we have 3rd party sales agencies that are *
under contract exclusively offering Ephesus and Cooper Lighting products. The
RSMs and agencies are responsible for prospecting and developing sports lighting
projects, this is a combined 75+ dedicated sales resources for LED sports lighting
projects.
27 Dealer network or other distribution Cooper Lighting LLC uses contracted 3rd party agents and integrators throughout the
methods. US and Canadian markets. Each agent has sole rights to selling the Ephesus Sports
Lighting products within their territory and is supported by Cooper Lighting LLC sales *
and operational employees throughout the project process. We have some strategic
Regional and National reseller arrangements that allow us to scale our sports lighting
offering to the Sourcewell Membership.
28 Service force. Each of our regions have dedicated resources to support the project lifecycle. For
sports lighting project everything starts with the photometric design. We have a
Lighting Designer (LD) assigned to create this for each project. Once a design is
completed our Inside Sales Representative (ISR) works with the sales reps and
customer to create the quotation and manages the customer order. Once an project *
as actively installing we have a Project Manager (PM) assigned to ensure that there
is smooth implementation. After a project is installed and we enter the warranty
period, we have a Service Department (SD) that oversees the project and customer
relationship for the life of the system.
29 Describe the ordering process. If orders In most cases Cooper Lighting will contract directly with the Sourcewell Member. The
will be handled by distributors, dealers or exception of this will be if one of our authorized dealers/resellers acts on our behalf *
others, explain the respective roles of the to contract with the member direct. We have contractual agreements with each
Proposer and others. reseller to ensure compliance within the Sourcewell parameters.
30 Describe in detail the process and Our service departments are dedicated to resolving customer concerns, both pre and
procedure of your customer service post sales, throughout the membership relationship. Our commitment to our customers
program, if applicable. Include your is to deliver and install within the agreed upon timeframe; and that any warranty
response-time capabilities and claims are processed within 2-5 business days for resolution. *
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
31 Describe your ability and willingness to Cooper Lighting LLC will service all Sourcewell Members within the United States
provide your products and services to following the parameters of the awarded contract. *
Sourcewell participating entities in the
United States.
32 Describe your ability and willingness to Cooper Lighting LLC will service all Sourcewell/Canoe Members within Canada
provide your products and services to following the parameters of the awarded contract. *
Sourcewell participating entities in Canada.
33 Identify any geographic areas of the United Cooper Lighting LLC will service all Sourcewell Members within the United States
States or Canada that you will NOT be and Canada under the proposed contract. *
fully serving through the proposed contract.
34 Identify any Sourcewell participating entity Cooper Lighting LLC will service all Sourcewell Members within the United States
sectors (i.e., government, education, not-for- and Canada.
profit) that you will NOT be fully serving
through the proposed contract. Explain in *
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
35 Define any specific contract requirements Cooper Lighting LLC will service all Sourcewell Members within Hawaii, Alaska and
or restrictions that would apply to our in US Territories. *
participating entities in Hawaii and Alaska
and in US Territories.
Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC
DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
Table 7: Marketing Plan
Line
Question Response *
Item
36 Describe your marketing strategy for For the previous and upcoming Sourcewell contract opportunity, we plan to develop
promoting this contract opportunity. targeted digital marketing campaigns by market segment. These campaigns will include
Upload representative samples of your targeted display and video ads and email campaigns for potential customers. We will also
marketing materials (if applicable) in utilize our existing network of sales agents to promote the contract opportunity through
the document upload section of your email, phone, and in-person conversations.
response.
Additionally, we will be leveraging our existing relationships with potential customers to
promote the Sourcewell contract opportunity. We will also be utilizing our trade show and
convention presence to promote the contract with pre-show email campaigns and targeted
literature at our booth.
Cooper Lighting and Ephesus Sports Lighting are committed to providing the highest *
quality products and services to our customers, and we are confident that our marketing
strategies will help to promote the Sourcewell contract opportunity. Our goal is to provide
customers with the information they need to make an informed decision about their lighting
needs. We believe that our marketing strategies will help to increase awareness of the
Sourcewell contract opportunity and provide potential customers with all the information
they need to make an informed decision.
Successful Project Case Study promoted by Ephesus and Sourcewell Marketing:
https://www.cooperlighting.com/global/resources/case-studies/reavis-high-school-hanke-stadium
Additional documents uploaded:
Ephesus_Sourcewell Marketing.pdf
37 Describe your use of technology and At Ephesus Sports Lighting, we strongly believe in the importance of Sourcewell
digital data (e.g., social media, contractsin promoting our products and services. Sourcewell contracts are a great way to
metadata usage) to enhance ensure that we are able to provide our customers with the best possible solutions to their
marketing effectiveness. LED sports lighting needs. We understand that Sourcewell members are looking for
competitively priced, quality solutions and that is exactly what our products and services
provide.
Our integrated sales process includes actively promoting our customers to have projects *
processed through Sourcewell if awarded a contract. We are committed to offering our
customers a seamless and efficient experience, and Sourcewell contracts make that
possible. We strive to be the go-to provider for LED sports lighting and will continue to
engage with Sourcewell members to ensure that our products and services are always top-
of-mind when considering a project. We will work to ensure that our customers are aware
of the advantages of Sourcewell contracts and the potential for cost savings and other
benefits to be gained from using them.
38 In your view, what is Sourcewell’s role At Ephesus Sports Lighting, we strongly believe in the importance of Sourcewell contracts
in promoting contracts arising out of in promoting our products and services. Sourcewell contracts are a great way to ensure
this RFP? How will you integrate a that we are able to provide our customers with the best possible solutions to their LED
Sourcewell-awarded contract into your sports lighting needs. We understand that Sourcewell members are looking for
sales process? competitively priced, quality solutions and that is exactly what our products and services
provide.
Our integrated sales process includes actively promoting our customers to have projects *
processed through Sourcewell if awarded a contract. We are committed to offering our
customers a seamless and efficient experience, and Sourcewell contracts make that
possible. We strive to be the go-to provider for LED sports lighting and will continue to
engage with Sourcewell members to ensure that our products and services are top
considerations for projects. We will work to ensure that our customers are aware of the
advantages of Sourcewell contracts and the potential for cost savings and other benefits
to be gained from using them.
39 Are your products or services Currently not offering e-procurement as each customers sports lighting project is unique to
available through an e-procurement their location.
ordering process? If so, describe your *
e-procurement system and how
governmental and educational
customers have used it.
Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC
DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
Table 8: Value-Added Attributes
Line
Question Response *
Item
40 Describe any product, equipment, As part of every LED Sports lighting project we offer training on how to use the new
maintenance, or operator training system. The technology and controls are advanced, but with an on-site/remote tutorial by
programs that you offer to one of our qualified project managers, end users can quickly adapt to using their new
Sourcewell participating entities. system. We also offer service contracts for an additional annual fee. These costs are *
Include details, such as whether included in our project quotations.
training is standard or optional,
who provides training, and any
costs that apply.
41 Describe any technological Cooper Lighting and Ephesus utilize best practices for all new product introduction, our
advances that your proposed product offerings reflect pioneer advancements in the LED sports lighting industry. We hold
products or services offer. exclusive patents to the technological advantages we provide to our customers. Part of *
those processes is designing and delivering high end lighting systems, but at an affordable
price point. Some product differentiators we offer are: integral or remote power, thermal
isolation plates, COB technology, true RGB LEDS.
42 Describe any “green” initiatives Sustainability is part of the DNA of Cooper Lighting, an entity of Signify. It's our purpose to
that relate to your company or to unlock the extraordinary potential of light for brighter lives and a better world. By changing
your products or services, and the way we create and use light, we can improve lives and have a positive impact on the
include a list of the certifying planet. Over the past 125 years, Cooper Lighting and Signify have pioneered many key
agency for each. breakthroughs in sustainable lighting and was a driving force behind several leading *
technological innovations, including LED.
Learn more about our corporate sustainability initiatives by visiting:
https://www.signify.com/global/sustainability
43 Identify any third-party issued eco- We design and test our products to be certified to the maximum LED Sports Lighting
labels, ratings or certifications that Standards including UL Safety, FCC, IP66, DLC (DesignLight Consortium) and TAA
your company has received for compliance.
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 Cooper Lighting and Signify do not hold any WMBE or SBE certifications. However, we do
Business Entity (WMBE), Small prioritize diversity, equity and inclusion throughout all aspect of our corporate charter. In
Business Entity (SBE), or veteran 2022 we published a DEI report that can be found here:
owned business certifications that https://www.assets.signify.com/is/content/Signify/Assets/signify/global/20220725-signify-diversity-
your company or hub partners equity-and-inclusion-annual-report.pdf *
have obtained. Upload
documentation of certification (as As part of each project, we will work with the members to identify potential WMBE or SBE
applicable) in the document partners when applicable (contractor or distributors).
upload section of your response.
45 What unique attributes does your Cooper Lighting LLC is the technology leader in solid state LED Sports Lighting and offers
company, your products, or your unique product features that aren't offered by our competitors. We are the only company
services offer to Sourcewell that offers an all in one product to the end user that has RGB, Beam Tuning and Color
participating entities? What makes Tuning as options. We build our fixtures to not only apply to white light sports lighting
your proposed solutions unique in applications but to bring fan entertainment to the masses. We also offer web based health *
your industry as it applies to monitoring on a system level that allows facility/site operators to have the Intel and insight
Sourcewell participating entities? into their system at a push of button.
As part of Signify, Cooper Lighting and Ephesus are able to tap into all LED
advancements and apply them specifically to LED sports lighting.
Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC
DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure,
and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document
upload section of your response in addition to responding to the questions below.
Line
Question Response *
Item
46 Do your warranties cover all products, parts, and Depending on the application we offer either a 5- or 10-year standard
labor? material warranty. We also have options for customers to purchase up a *
labor warranty direct through Cooper Lighting. All of our warranties are
available online at www.cooperlighting.com/legal.
47 Do your warranties impose usage restrictions or No, provided the customer follows proper usage, care and maintenace *
other limitations that adversely affect coverage? adhering to their warranty coverage.
48 Do your warranties cover the expense of Our standard warranty is for materials only and these costs would not be
technicians’ travel time and mileage to perform included. If a labor warranty is purchased, these costs are covered. *
warranty repairs?
49 Are there any geographic regions of the United Service and repair is not part of our standard warranty. It is offered as an
States or Canada (as applicable) for which you additional option, if purchased by the member we have technicians capable
cannot provide a certified technician to perform of performing repairs in all regions of United States & Canada, *
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
50 Will you cover warranty service for items made by Third party materials that are part of our proposal are passed on to the
other manufacturers that are part of your proposal, original equipment manufacturer; however, Cooper Lighting will administer the *
or are these warranties issues typically passed on communications and transactions through the 3rd party manufacturer.
to the original equipment manufacturer?
51 What are your proposed exchange and return Our products are made to order, we do not accept returns without a Return
programs and policies? Material Authorization (RMA). In the event that there is an authorized return
that is not a valid claim applicable to our standard terms of warranty, we
reserve the right to apply a restocking fee up to 50% of the purchased *
goods price. Cooper Lighting has sole discretion of authorization a return
and reserves the right to inspect returned good for quality before issuing a
credit to the customer.
52 Describe any service contract options for the We offer post installation project management service contracts that cover
items included in your proposal. light level verification and system wellness checks. Service agreements are *
only valid during the original term of the warranty.
Table 10: Payment Terms and Financing Options
Line
Question Response *
Item
53 Describe your payment terms and accepted payment Our standard payment terms are NET30 from product shipment or
methods. service rendered date. Payment methods accepted are checks or *
ACH.
54 Describe any leasing or financing options available for use For members that are interested in financing Cooper Lighting will
by educational or governmental entities. work with NCL Government Capital, through their applicable
*
Sourcewell Contract. We also have an internal corporate department,
Signify Capital, that we may offer if the members inquire.
55 Describe any standard transaction documents that you See uploaded document section for Cooper Lighting Standard
propose to use in connection with an awarded contract Terms & Conditions, Customer Sign Off Form, Sample Invoice.
(order forms, terms and conditions, service level *
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
56 Do you accept the P-card procurement and payment We do not accept P-card procurement at this time.
process? If so, is there any additional cost to Sourcewell *
participating entities for using this process?
Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC
DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
Line
Question Response *
Item
57 Describe your pricing model (e.g., line-item discounts or In the upload section we will be providing a SKU price sheet,
product-category discounts). Provide detailed pricing data showing MSRP including a 5% discount to Sourcewell members for
(including standard or list pricing and the Sourcewell both US and Canada.
discounted price) on all of the items that you want *
Sourcewell to consider as part of your RFP response. If
applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
58 Quantify the pricing discount represented by the pricing Cooper Lighting extends a 5% discount off of MSRP to all
proposal in this response. For example, if the pricing in Sourcewell Members.
*
your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
59 Describe any quantity or volume discounts or rebate Cooper Lighting does not have a standard volume discount, we
programs that you offer. evaluate each project and work with the customers to develop *
solutions adhering as best as possible to their budgets.
60 Propose a method of facilitating “sourced” products or "Sourced or open market" products or related services that aren't
related services, which may be referred to as “open included on the pricing sheet uploaded in the document section will
market” items or “nonstandard options”. For example, you be entered at cost plus 15%.
*
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 Pricing submitted includes all products and offerings at this time.
NOT included in the pricing submitted with your response. Services not part of this submission and sourced at a later date by
This includes all additional charges associated with a qualified parties, will result in the at cost plus 15% fee.
purchase that are not directly identified as freight or
shipping charges. For example, list costs for items like pre- Each project is unique and carries its own potential added total
delivery inspection, installation, set up, mandatory training, costs of acquisition depending on the scope of work. Cooper *
or initial inspection. Identify any parties that impose such Lighting consults with the customer on a project-by-project basis to
costs and their relationship to the Proposer. develop proposals that align with how each customer desires to
purchase and implement a new LEDS sports lighting system.
Throughout this process we advise along the way any potential
incremental costs associated.
62 If freight, delivery, or shipping is an additional cost to the Cooper Lighting has a $5,000 minimum pre-paid freight allowance.
Sourcewell participating entity, describe in detail the Any special transportation requirements, (including, but not limited
complete freight, shipping, and delivery program. to - city delivery truck, union driver, lift gate) customer will incur *
additional charges. All orders less than $5,000 will be charged
$100 per fixture freight.
63 Specifically describe freight, shipping, and delivery terms or Cooper Lighting has a $5,000 minimum pre-paid freight allowance.
programs available for Alaska, Hawaii, Canada, or any Any special transportation requirements, (including, but not limited
offshore delivery. to - city delivery truck, union driver, lift gate) customer will incur *
additional charges. All orders less than $5,000 will be charged
$100 per fixture freight.
64 Describe any unique distribution and/or delivery methods or Standard shipping is included to desired customer delivery location.
options offered in your proposal. Expedited shipping is available at an extra charge. We may also *
accommodate multiple delivery locations based on project
requirements.
Table 12: Pricing Offered
Line
The Pricing Offered in this Proposal is: * Comments
Item
65 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing
departments.
Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC
DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
Table 13: Audit and Administrative Fee
Line
Question Response *
Item
66 Specifically describe any self-audit process or program that you If awarded a contract, Cooper Lighting LLC will work with
plan to employ to verify compliance with your proposed Contract Sourcewell staff when applicable to get purchasing
with Sourcewell. This process includes ensuring that Sourcewell compliance letters issued to customers during the quote to
participating entities obtain the proper pricing, that the Vendor order stage. We will cross reference all issued pricing to
reports all sales under the Contract each quarter, and that the make sure that Sourcewell Members receive their discounted
Vendor remits the proper administrative fee to Sourcewell. Provide rate. For every quote or order issued through the contract
sufficient detail to support your ability to report quarterly sales to we will ensure that our contract number and the members id
Sourcewell as described in the Contract template. is listed for two-way compliance and documentation trail. We
have implemented promo codes to track each order through *
our accounting system to keep a record of all member
purchase orders and to ensure proper administrative fees
are remitted to Sourcewell on a quarterly basis. Being a
publicly held corporation audit documentation processes are
already established within our organization. Every opportunity
is assigned a project number and all applicable documents
are saved and stored on a secure network drive for audit
reference.
67 If you are awarded a contract, provide a few examples of internal If awarded a contract renewal, Cooper Lighting will continue
metrics that will be tracked to measure whether you are having to promote our status as a Sourcewell contract holder
success with the contract. throughout the purchasing processes with members and
eligible entities. We will utilize account-based marketing tied
to the Source distributed heat maps and membership
utilization files. Once we identify an opportunity, we track it
through our CRM to ERP system, monitoring its status in *
each part of the project phase. We have established growth
metrics for our internal and external sales channels to
introduce our Sourcewell Contract status early on in the
sales process. When the contract is utilized for purchases,
are sales channel is rewarded for effectively promoting our
contract.
68 Identify a proposed administrative fee that you will pay to Upon awarded contract as an approved vendor, Cooper
Sourcewell for facilitating, managing, and promoting the Sourcewell Lighting agrees to pay 1% of total purchase orders
Contract in the event that you are awarded a Contract. This fee processed through Sourcewell on a per project basis.
is typically calculated as a percentage of Vendor’s sales under the *
Contract or as a per-unit fee; it is not a line-item addition to the
Member’s cost of goods. (See the RFP and template Contract for
additional details.)
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line
Question Response *
Item
69 Provide a detailed description of the From design to installation and through gameday, Ephesus innovation enables
equipment, products, and services that you venues of all sizes to create a sports lighting experience that exceeds the
are offering in your proposal. expectations of players, fans and communities for years to come. Every project is
unique and requires its own attention to detail. We start every project at the design
phase, understanding the customer's lighting needs for their specific application. *
From there we look at either their existing structures or look to provide new
structures to complete the project. We scope out the bill of materials needed to
execute the project and pull through services, such as installation labor, controls,
commissioning and project management services to make the customer's LED
sports lighting needs and wants a reality.
70 Within this RFP category there may be Cooper Lighting LLC has a full product and service portfolio to cover almost any
subcategories of solutions. List subcategory lighting or controls application. We will look to offer these subcategories upon *
titles that best describe your products and request from members in compliance within our contract parameters. See our
services. website for full offering: www.cooperlighting.com
Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC
DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
Table 148: Depth and 8readth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional
comments in the text box provided, as necessary.
Line
Category or Type Offered * Comments
Item
71 Indoor, outdoor, fixed, or portable sports Yes Cooper Lighting and Ephesus offers products and service
*
related lighting solutions; No for each category.
72 Technology integration, retrofit solutions, Yes Cooper Lighting and Ephesus offer all of the services
software, design, project management, No mentioned.
installation services, and maintenance related *
to the purchase of equipment and products
described in Line 71 above.
Table 15: Industry Specific Questions
Line
Question Response *
Item
73 Describe your process for evaluating on-field and off- We design our sports lighting systems to be compliant to IES lighting
site glare for your sports lighting products, both pre- photometric standards, dependent of the field or application. As part of
installation and post-installation. our design process, we model out each unique customer's field adhering
to the strict on-field as well as off-site lighting requirements. Through our
*
patented optical systems, our luminaires are able to achieve lighting level
requirements for both on and off field needs. As part of our post-
installation process, we field measure the results for compliance to the
agreed upon design with the end user.
74 Describe the average life span of your sports lighting Our products are rigorously tested throughout our new product
system. implementation process and have an L70 rating of 100,000 hours or
more. Depending upon fixtures selection our L90 ratings ranges from
55,000 to 90,000 hours. We back our products with an industry leading
10-year warranty.
75 Discuss your proposed product line Cooper Lighting, Signify and Ephesus are committed to a sustainable
in terms of sustainability and and circular economy. We are driving development of products that can
recycling. be refurbished, reused or recycled. We have removed all plastics from
our packaging as of 2021 and are continuing to reduce landfill waste.
We publish an annual sustainability report that documents these industry
leading milestones that can be found here:
https://www.signify.com/global/sustainability
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been
incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following:
Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC
DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
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 - Sourcewell Pricesheet 03.20.23.xlsx - Friday March 24, 2023 11:02:44
Financial Strength and Stability - signify-annual-report-2022 (1).zip - Friday March 24, 2023 11:04:24
Marketing Plan/Samples - Ephesus_Sourcewell Marketing.pdf - Friday March 24, 2023 12:15:11
WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - Ephesus Warranty Offerings.pdf - Friday March 24, 2023 11:27:11
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Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC
DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of
this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC
DocuSign Envelope ID: 37846906-3E48-45DF-A3FA-F67BF6BFD219
by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any
Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related to the subject matter of this solicitation.
By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this
Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I
had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic
signature or electronic record was used in its formation. - Gabriel Hough, Director of Customer Experience, Cooper Lighting, LLC
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the
Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
below addendum and
File Name Pages
attachments (if
applicable)
Addendum_1_Sports_Lighting_RFP_041123
1
Mon April 3 2023 04:23 PM
Bid Number: RFP 041123 Vendor Name: Cooper Lighting, LLC