Agenda packet — Bell Gardens City Council, August 22, 2022 (part 2 of 3)

Exhibit 2 162

COMPENSATION
5 City shall pay Independent Contractor as set forth below:
a. The Contractor shall be paid for the services rendered to the City at the rate of $70 per hour when conducting internal affairs investigations or operational assessments, and W per hour for all other services.

TAXES AND INSURANCE

6. Independent Contractor agrees that it is Independent Contractor's exclusive responsibility to provide all employment taxes, insurance premiums, and local, state, and federal taxes related to this Agreement.Neither FICA(Social Security),FUTA(Federal Employment),nor local, state, or federal income taxes will be withheld from payments to Independent Contractor.

During the term of this Agreement, Independent Contractor shall carry, maintain, and keep in full force and effect general liability insurance with coverage limits not less than One Million Dollars ($1,000,000) including products and completed operations hazard, contractual insurance, broad form property damage, independent consultants, and personal injury. Independent Contractor shall also maintain at all times Automobile Liability Insurance for $100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of$500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form.

HOLD HARMLESS

7. Independent Contractor hereby waives, releases, and holds harmless City and all of its officers, directors, employees, agents, and representatives for any and all personal injury,death, or property damage, including, but not limited to, any and all damage to vehicles, equipment, or other personal property arising out of or caused by Independent Contractor's performance of this Agreement. Independent Contractor acknowledges and agrees that serving as an instructor brings with it a heightened risk of injury and danger to Independent Contractor and Independent Contractor hereby assumes any risk of injury, death, or damage.

DISPUTES

8. Any dispute between City and Independent Contractor arising under this Agreement will be submitted to binding arbitration in accordance with the rules of the American Arbitration Association in the jurisdiction in which this Agreement is executed Each party will be responsible for any fees and costs, including, but not limited to, attorney fees resulting from the arbitration.

I
City of Bell Gardens Independent Contractor
Exhibit 2 Page1g of 4

GOVERNING LAW

9. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of California, and the parties submit to jurisdiction and venue in the State of California in any legal proceeding necessary to interpret or enforce this Agreement, any part of it, or any disputes that arise therefrom.

SEVERABILITY

10. Should any portion of this Agreement be found to be invalid or unlawful, the remainder of the Agreement shall continue to be enforceable.

INTEGRATION

11. The parties' entire understanding is set forth in this Agreement. Any prior or contemporaneous promises or understandings are superseded by the terms of this Agreement. This Agreement may only be amended or altered by another written agreement executed by both parties.

TERM

12. City and Independent Contractor agree to a three (3) year Agreement beginning on October 15, 2019 through October 15, 2022,

TERMINATION

13. Independent Contractor may terminate this Agreement at any time given thirty(30) calendar days' written notice to the City. City may terminate this Agreement in whole or in part at any time for any cause or without cause, upon ten (10) calendar days written notice to Independent Contractor. If the Independent Contract is thus terminated by City for reasons other than Independent Contractor's failure to perform its obligations, City shall pay Independent Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination.
[Signature on the following page]
City of Bell Gardens Independent Contractor
Exhibit 2 Pagelj�l 4

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last written below.

Independent Contractor
By.

Torben Beith
Date:

City of Sell Gardens
By: _ ..

Michael B. O'Kelly, City Manager
Date IO �r
Approved as,,, \7m:,
City Attorney
City of Bell Gardens Independent Contractor
Exhibit 2 Pagejj�,f 4

EXHIBIT "B"

FEE INCREASE LETTER
5 Exhibit 2 166

Torben Beith
59742 Hop Patch Spring Road
Mountain Center, CA 92561-4021
714-616-6173
May 17, 2022
Bell Gardens Police Department
7100 Garfield Ave.

Bell Gardens, CA 90201
Subject: Administrative Review/Support Contract Fee Increase Thank you for being a loyal and consistent client and your trust in me over the years to provide administrative and review support to the Bell Gardens Police Department(BGPD).

I am seeking a contract service fee increase from $45.00 to $55.00 per hour to continue providing services. The fee increase is justified based on the following:
• The last service fee increase was April 2015
• United States inflation rate from 2015 to 2022 YTD is approximately 22% • Significant 2022 inflation of approximated 11.7%for the Los Angeles area • City of Bell Gardens employees have received numerous pay increases since 2015 • The BGPD POA MOU has an 8%pay increase for 2021/2022 alone • When not working at the BGPD office, emails are checked almost daily from wherever I may be, responded to and action taken preventing delay. This may to BGPD members, POST, Rio Hondo College and many course presenters and etcetera. BGPD is only billed when my time exceeds one hour per day • I respond to non-office telephone inquiries and BGPD is not billed unless the call and necessary action taken exceeds one hour
• I perform a service for less than half the cost, at less than half the time, previously performed by a full time with full benefits, police officer and includes other functions not performed by the full-time police officer such a policy/procedure review and development
Thank you for your consideration and look forward to continuing service to the BGPD.

Torben Beith
ThAb
Exhibit 2 167

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 6.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Douglas Benash, PE QSD, City Engineer
SUBJECT: INSTALLATION OF AN ALL-WAY STOPAT THE INTERSECTION OF JABONERIA ROAD

AND CECILIASTREET
DATE: August 22, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion:

1. Adopt the attached Resolution; and

2. Authorize the installation of two 30-inch Stop Signs on Jaboneria Road in the northwest and southeast corners of the intersection at Cecilia Street, with the appropriate limit lines and stop legends.

BACKGROUND/DISCUSSION:

The Public Works Department received a request for the installation of a four-way stop (all-way stop) at the intersection of Jaboneria Road and Cecilia Street due to reported concerns about the intersection visibility and safety.

The City Engineer completed a site investigation of the location to confirm existing intersection and sight distance conditions.

Based on the reported concerns, the City Engineer reviewed past reports for this intersection to identify safety issues. The review included available traffic volume and pedestrian counts and accident history collected for this intersection.

Regarding the request for the installation of an All-Way Stop Intersection at this location, the California Manual of Uniform Traffic Control Devices (MUTCD) has established three (3) different warrants most applicable to residential street intersections, one of which must be satisfied before stop sign installations can be classified as warranted. The warrants are summarized as follows:

1. Collisions — Involving five (5)or more reported crashed in a 12-month period that are susceptible to corrections by a multi-way stop installation. Such crashes include right-turn and left-turn collisions as well as right-angle collisions.

2. Volumes — The vehicular volume entering the intersection from the major street approaches (total of both approaches) average at least 300 vehicles per hour for each of any 8 hours on an average day. The combined vehicular, pedestrian, and bicycle volumes for the minor street approaches (total for both approaches) average at least 200 units per hour for the same 8 hours, with an average delay to the minor-street traffic of at least 30 seconds per vehicle during the highest hour.

3. Sight Distance — Locations where a road user, after stopping, cannot see conflicting traffic and is not able to 168

negotiate the intersection unless conflicting cross traffic is also required to stop to ensure safety. Evidence that sight distance is a contributing factor will be supported by the existence of traffic collisions which could be susceptible to correction by installing stop signs.

Collision Warrant:

Statewide Integrated Traffic Records System (SWITRS) data was acquired via the Transportation Injury Mapping System (TI MS) and reviewed to determine the frequency of traffic collisions for the subject intersection. Traffic collision records for this intersection was reviewed for the most recent three (3) year period (between 06-01-2019 to 06-01-2022). The CA-MUTCD stop sign warrant requires an individual intersection to experience five or more reported collisions in a 12-month period susceptible to correction by a multi-way stop installation. A review of the reported accident history for three years revealed one (1) accident at the Jaboneria Road — Cecilia Street intersection. The accident was a broadside type, involving a right-of-way issue where west bound traffic failed to yield the right-of-way to the south bound traffic.

The lack of left-turn and right-turn accidents at the Jaboneria Road and Cecilia Street intersection indicates not meeting the accident warrant for an All-Way Stop Sign intersection at this time.

Traffic Volume Warrant:

The traffic volume warrant requirement of at least 300 vehicles per hour for each of any 8-hours of an average day will rarely, if ever, be met at a residential intersection. That requirement equates to a minimum traffic volume of 2,400 vehicles within an 8-hour period at the intersection. Traffic volumes of that magnitude are typically only achievable on major arterial and collector streets like Clara Street, and are likely not present at this Jaboneria Road and Cecilia Street intersection. Although there are no City records documenting actual traffic volume counts for the two subject streets, the required traffic volume count is b e l i e v e d this I6cation. n o t b e m Sight Distance Warrant:

The MUTCD recommends a minimum of 155 feet of clear stopping sight distance on 25 MPH street for motorists to avoid collisions with other vehicles. Based on a field review of existing conditions, there is a need to improve the existing sight distance and safety at this intersection as the prima facie speed limit is 25 MPH for both streets.

The intersection of Jaboneria Road and Cecilia Street is a "skewed" intersection meaning the actual layout is skewed and not the typical "cross" intersection. Because of its skewed configuration, this intersection limits the sight distance to a greater extent at the acute angle corners.

To further evaluate the stopping sight distance requirements at this intersection, the above MUTCD information was used to evaluate the intersection stopping sight distance as seen from Cecilia Street. Based upon the prima facie approach speed of 25 MPH and the driver eye height location being back 15 feet minimum from the existing curb line extensions on Jaboneria Road, a sight distance triangle was plotted. The 15 feet location point is used by Caltrans in the Highway Design Manual and AASHTO for intersection sight distance evaluations. Based on the review of the plotted triangle, the intersection needs to be clear of obstructions or parked vehicles to allow a motorist to come to a complete and safe stop at the prima facie speed of 25 MPH. This review indicates a need for approximately 140 feet of red curb on Jaboneria Road. However, it is recognized that curb parking within the City's residential neighborhoods is in very short supply, and the addition of such red curb is not desirable as it would negatively impact parking at this intersection.

Field observations indicate that the installation of a multi-way stop at the existing intersection could moderately increase sight distance and improve the motorists'visibility.

MUTCD ADDITIONAL CRITERIA:
169

The MUTCD, Section 213.07 for Multi-Way Stop Applications, allows other criteria that may be considered in the engineering study when considering the installation of stop signs. They include:

A. The need to control left turn conflicts;
This is not applicable due to no left turn conflict accidents over the past three years.

B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; This is not applicable due to the lack of accidents over the past three years.

C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop; and The actual layout of the intersection is "skewed"and not the typical "cross"intersection. This skewed intersection limits the sight distance to a greater extent at the acute angle corners. Due to the skewed intersection layout, the installation of a multi-way stop meets the criteria under this section.

D. An intersection of two (2) residential neighborhood collector (through) streets of similar design and operating characteristics where multi-way stop control would improve traffic operational characteristics of the intersection.

Jaboneria Road is classified as a collector with Cecilia Street a local residential street, therefore this criteria is not met.

CONCLUSION:

In conclusion, it is the City Engineer's findings that the installation of a multi-way stop sign at this intersection of Jaboneria Road and Cecilia Street meets the required MUTCD criteria for the sight distance warrant and MUTCD Section 213.07, item C. Additionally, staff will add this intersection to the list of potential future "Complete Street" projects. This means the intersection will be evaluated to identify other applicable "Complete Street" tool box of improvements. Funding for improvements can then be later pursued through competitive grants.

At its August 2, 2022 meeting, the Traffic and Safety Commission directed staff to request City Council consideration of the installation of two Stop Signs on Jaboneria Road in the northwest and southeast corner of this intersection with appropriate signage, legend and curb painting.

FISCAL IMPACT:

The estimated cost for installing the new stop signs, legends, and curb painting is approximately $750 and is available in the current Street Maintenance Budget.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-84
Exhibit 2 - Directional Photos
APPROVED ELECTRONICALLY BY:
170

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 171

RESOLUTION NO. 2022-84

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, DETERMINING THAT AN ALL-WAY STOP

SHOULD BE INSTALLED ON JABONERIA ROAD AND CECILIA STREET
WHEREAS, the Bell Gardens City Council has decided to establish a right-of- way control at the intersection of Jaboneria Road and Cecilia Street; and WHEREAS, the California Manual on Uniform Traffic Control Devices (MUTCD) has established specific requirements for the installation of stop signs; and WHEREAS, Section 213.07 of the MUTCD for Multi-Way Stop Applications, allows other criteria that may be considered in an engineering study; and WHEREAS, after careful review by the Traffic Engineering and in considering the MUTCD Section 213.07 for Multi-Way Stop sign applications (option C), and to minimize impacts to the City's shortage of on-street parking, it is determined that an all-way stop sign intersection is warranted at this time; and
WHEREAS, City Council finds and determines that it is in the interest of the public's health, safety and welfare that an All-Way Stop Intersection be installed on northwest and southeast corner of Jaboneria Road and Cecilia Street for the purposes of an assignment of right-of-way for pedestrians and vehicles.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council hereby determines that an all-way stop be installed on the northwest and southeast corners of the intersection of Jaboneria Road and Cecilia Street.

SECTION 3. The City Council further authorizes and directs staff to hereby install and maintain such signs and perform such other work as is necessary to implement the provisions of this resolution.

SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on the following page]
Exhibit 1 172

Resolution No. 2022-84
PASS, APPROVED AND ADOPTED this 22t" day of August, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Vanessa Quiroz
City Attorney Acting City Clerk
2 of 2
Exhibit 1 173

CITY OF BELL GARDENS

PUBLIC WORKS DEPARTMENT
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Exhibit 2 175

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
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AG E N DA RE P O RT
Item 7.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Douglas Benash, PE, QSD, City Engineer
SUBJECT: ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AND THE INSTALLATION OF RED CURB "NO PARKING" ON EMIL AVENUE AT CHARNER STREET
DATE: August 22, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion:

1. Approve the attached Resolution authorizing parking restrictions in the City of Bell Gardens; and

2. Authorize staff to install ten (10) feet of red curb "No Parking" on Emil Avenue at the northwest corner at Charner Street; and

3. Authorize staff to install ten (10) feet of red curb "No Parking" on Emil Avenue at the southeast corner at Charner Street.

BACKGROUND/DISCUSSION:

The Public Works Department received a request for the installation of a four-way stop (all-way stop) at the intersection of Emil Avenue and Charner Street due to reported concerns about the intersection visibility and safety. The City's Traffic Engineer completed a site investigation of the location to confirm existing intersection and sight distance conditions.

Based on the reported resident's concerns, the City Engineer reviewed past reports for this intersection to identify all safety issues. The review included available traffic volume and pedestrian counts and accident history collected for this intersection.

1. Collisions — Involving five (5) or more reported crashes in a 12-month period that are susceptible to corrections by a multi-way stop installation. Such crashes include right-turn and left-turn collisions as well as right-angle collisions.

2. Volumes — The vehicular volume entering the intersection from the major street approaches (total of both approaches)average at least 300 vehicles per hours for each of any 8 hours on an average day. The combined vehicular, pedestrian, and bicycle volumes for the minor street approaches (total for both approaches) 176

averages at least 200 units per hour for the same 8 hours, with an average delay to the minor-street traffic of at least 30 seconds per vehicle during the highest hour.

3. Sight Distance — Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop to ensure safety. Evidence that sight distance is a contributing factor will be supported by the existence of traffic collisions which could be susceptible to correction by installing stop signs.

Collision Warrant:

Statewide Integrated Traffic Records System (SWITRS) data was acquired via the Transportation Injury Mapping System (TIMS) and reviewed to determine the frequency of traffic collisions for the subject intersection. Traffic collision records for this intersection were reviewed for the most recent three (3)year period (between 06-01-2019 to 06-01-2022). The CA-MUTCD stop sign warrant requires an individual intersection to experience five or more reported collisions in a 12-month period susceptible to correction by a multi-way stop installation. A review of the reported accident history for three years revealed no accidents at the Emil Avenue and Charner Street intersection.

The lack of left-turn and right-turn accidents at the Emil Avenue and Charner Street intersection indicates not meeting the accident warrant for an All-Way Stop Sign intersection at this time.

Traffic Volume Warrant:

The traffic volume warrant requirement of at least 300 vehicles per hour for each of any 8-hours of an average day will rarely if ever be met at a residential intersection. That requirement equates to a minimum traffic volume of 2,400 vehicles within an 8-hour period at the intersection. Traffic volumes of that magnitude are typically only achievable on major arterial and collector streets and are likely not present at this Emil Avenue and Charner Street intersection.

Although there are no City records documenting actual traffic volume counts for the two subject streets, the required traffic volume count is b e l i e v e d this I6cation. n o t b e m e t a t Sight Distance Warrant:

The MUTCD recommends a minimum of 155 feet of clear stropping sight distance on 25 MPH street for motorists to avoid collisions with other vehicles. Based on a field review of existing conditions, there is a need to improve the existing sight distance and safety at this intersection as the prima facie speed limit is 25 MPH for both streets.

To further evaluate the stopping sight distance requirements at this intersection, the above MUTCD information was used to evaluate the intersection stopping sight distance as seen from Charner Street. Based upon the prima facie approach speed of 25 MPH and the driver eye height location being back 15 feet minimum from the existing curb line extensions on Emil Avenue, a sight distance triangle was plotted. The 15 feet location point is used by Caltrans in the Highway Design Manual and AASHTO for intersection sight distance evaluations. Based on the review of the plotted triangle, the intersection needs to be clear of obstructions or parked vehicles to allow a motorist to come to a complete and safe stop at the prima facie speed of 25 MPH. This review indicates a need for approximately 50-75 feet of red curb on Emil Avenue.

Field observations indicate that the existing intersection sight distance could be increased moderately while improving the motorists' visibility by prohibiting curb side parking with the installation of 10 feet of red curb at the northwest corner, south bound Emil Ave, and at the southeast corner, northbound Emil Ave.

MUTCD ADDITIONAL CRITERIA:

The MUTCD, Section 213.07 for Multi-Way Stop Applications, allows other criteria that may be considered in the engineering study when considering the installation of stop signs. They include:

A. The need to control left turn conflicts;
177

This is not applicable due to no left turn conflict accidents over the past three years.

B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; This is not applicable due to the lack of accidents over the past three years.

C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop.

This is not applicable due to the lack of traffic volumes at the intersection.

D. An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multi-way stop control would improve traffic operational characteristics of the intersection.

Emil Avenue and Charner Street are both local residential streets, therefore, this criteria is not met.

CONCLUSION:

In conclusion, it is the City Engineer's findings that the installation of a multi-way stop sign at this intersection is not warranted under the MUTCD criteria. However, the installation of red curb is necessary to improve sight distance and motorist visibility. Additionally, staff will add this intersection to the list of potential future "Complete Street" projects.

This means the intersection will be evaluated to identify other applicable "Complete Street" tool box of improvements. Funding for improvements can then be later pursued through competitive grants.

At its August 2, 2022 meeting, the Traffic and Safety Commission directed staff to request City Council consideration for the installation of 10 feet of red curb (no parking) at the northwest corner of Emil Avenue and 10 feet of red curb (no parking) at the southeast corner of Emil Avenue at Emil Avenue.

FISCAL IMPACT:

The estimated cost for installing the new red curb is approximately $350 and is available in the current Street Maintenance Budget.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-85
Exhibit 2 - Master Parking Resolution
Exhibit 3 - Current Condition
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 178

RESOLUTION NO. 2022-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, AMENDING RESOLUTION NO. 2005-15 SECTION 1A ESTABLISHING PARKING RESTRICTIONS IN THE CITY OF BELL GARDENS IN ACCORDANCE WITH CHAPTER 13.20 (PARKING) OF THE BELL GARDENS MUNICIPAL CODE
WHEREAS, the City Council desires by this Resolution to amend Section 1A of Resolution No. 2005-15 to add an area of red curb `no parking' at all times; and WHEREAS, the City Council desires to add Item Number 163 and 164 to Section 1 A.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 2. Resolution No. 2005-15 is hereby amended as to Section 1A of said resolution to add an area of red curb `no parking' at all times as follows:

Section IA.:
163. On the east side of Emil Avenue from a point two hundred and seventy-four (274) feet north of the prolongation of the north curb line of Suva Street to a point two hundred eighty-four (284) feet northerly thereof;
164. On the west side of Emil Avenue from a point two hundred and eighty-four (284) feet south of the prolongation of the south curb line of Foster Bridge Blvd to a point two hundred and ninety-four (294) feet southerly thereof;
SECTION 3. In all other respects, Resolution No. 2005-15 is hereby reaffirmed and ratified, except as modified in Section 2 above of this Resolution.

SECTION 4. The City Council hereby approves the amendment to the City's master parking list and directs City staff to amend the City's master parking list by adding No Parking (red curb) area described in the preceding paragraph.

SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

Exhibit 1 179

Resolution No. 2022-85
PASSED, APPROVED, and ADOPTED this 22nd day of August, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Vanessa Quiroz
City Attorney Acting City Clerk
2 of 2
Exhibit 1 180

PARKING RESOLUTION
Updated: 8-10-22

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF BELL GARDENS ESTABLISHING

PARKING RESTRICTIONS IN THE CITY OF
BELL GARDENS.

WHEREAS, the City Council desires to amend Resolution 2005-15 to add Item Number 162 of Section 1 A.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:

SECTION 1. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited, pursuant to Section 13.20.120 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein:

A. At all times.

1. The north side of Gage Avenue from a point eight hundred fifty-five (855)feet east of the prolongation of the east curb of Garfield Avenue to a point two hundred (200) feet west of the prolongation of the west curb of Darwell Avenue;

2. The south side of Gage Avenue from a point five hundred seventy-five (575) feet west of the prolongation of the east curb of Garfield Avenue to the prolongation of the east curb of Ira Avenue;

3. On the north and south sides of Gage Avenue from Specht Avenue to Eastern Avenue;

4. On the north and south sides of Gage Avenue from the prolongation of the easterly curb of Eastern Avenue to a point two hundred (200) feet easterly thereof;

5. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Colmar Avenue to a point two hundred (200) feet east of the prolongation of the easterly curb of Colmar Avenue;

6. On the north and south sides of Gage Avenue from a point two hundred (200)feet west of the prolongation of the westerly curb of Jaboneria Road to a point two hundred (200) feet east of the prolongation of the easterly curb of Jaboneria Road;

7. The east side of Darwell Avenue from the prolongation of the northerly curb of Florence Avenue to a point six hundred twenty (620) feet north of the prolongation of the northerly curb of Loveland Avenue;
1 Exhibit 2 181

8. The west side of Marlow Avenue from the driveway at 5560 Ludell Street to a point two hundred fifty (250) feet northerly thereof;

9. The north side of Florence Avenue from the prolongation of the east curb line of Ira Avenue to a point two hundred thirty-five (235) feet east of the prolongation of the east curb line of Toler Avenue;

10. The north side of Shull from the prolongation of the easterly curb of Garfield Avenue to a point one hundred sixty-five (165) feet easterly thereof;

11. The south side of Suva Street between Loveland Street and Emil Avenue;

12. The west side of Bell Gardens Avenue from the prolongation of the southerly curb of Quinn Street to a point six hundred (600) feet north of the prolongation of the northerly curb of Gotham Street;

13. The south side of Gage Avenue from a point two hundred fifty (250) feet west of the prolongation of the westerly curb of Chalet Drive to a point two hundred seventy (270) feet east of the prolongation of the easterly curb of Chalet Drive;

14. The south side of Clara Street between the west City limits and the south Clara Street service road;

15. The north side of Clara Street from the west City limits to the north Clara Street service road;

16. The north and south side of Loveland Street from the prolongation of the west curb on Garfield Avenue to a point two hundred fifteen (215)feet westerly thereof;

17. The south side of Florence Avenue from the prolongation of the west curb of Priam Drive to a point sixty-three (63) feet westerly thereof;

18. The north side of Gage Avenue from two hundred seventy (270)feet west of the prolongation of the west curb line of Emil Avenue to a point nine hundred sixty (960) feet westerly thereof;

19. The red curb would begin on the north side of Agra Street from a point four hundred (400) feet west of the prolongation of the west curb line of Jaboneria Road to a point four hundred fifty (450) feet westerly thereof;

20. The south side of Gage Avenue from a point four hundred (400) feet east of the prolongation of the east curb of Perry Road to a point four hundred sixty (460) feet easterly thereof;

21. The south side of Quinn Street from the prolongation of the west curb of Jaboneria Road to a point one hundred (100) feet westerly thereof; 2 Exhibit 2 182

22. The north and south sides of Gage Avenue from the west City limits to the service roads;

23. The east and west sides of Scout Avenue from the prolongation of the north curb of Florence Avenue to a point two hundred fifty (250) feet northerly thereof;

24. The north side of Florence Avenue from a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue to the east City limits;

25. The west side of Jaboneria Road from the prolongation of the north curb of Gage Avenue to a point two hundred (200) feet northerly thereof;

26. The east side of Jaboneria Road from the prolongation of the north curb of Gage Avenue to a point fifty (50) feet northerly thereof;

27. The east and west sides of Jaboneria Road from the prolongation of the south curb of Gage Avenue to a point two hundred (200)feet southerly thereof;

28. The east side of Eastern Avenue from the prolongation of the north curb line of Florence Avenue to a point five hundred forty-five (545) feet northerly thereof;

29. The east side of Eastern Avenue from the prolongation of the south curb line of Florence Avenue to a point two hundred (200) feet southerly thereof;

30. The north side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred ninety-five (195)feet east of the prolongation of the east curb line of Ajax Avenue;

31. The north and south sides of Florence Avenue from the prolongation of the west curb line of Eastern Avenue to the west City limits;

32. The north side of Suva Street from a point six hundred ninety-four (694) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred six (706) feet easterly thereof;

33. The west side of Ira Avenue from the prolongation of the southerly curb line of Clara Street to the westerly curb line of Garfield Avenue;

34. The east side of Eastern Avenue from the prolongation of the northerly curb line of Watcher Street to the northerly City limits;

35. The south side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue;

36. The north side of Agra Street from a point four hundred (400)feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred (600) feet westerly thereof;
3 Exhibit 2 183

37. The east side of Garfield Avenue from a point one hundred ninety (190) feet south of the prolongation of the south curb of Cecilia Avenue to a point two hundred ten (210) feet southerly thereof;

38. The north side of Clara Street from a point 175' west of the western prolongation of Kress Street to a point 200' westerly thereof.

39. The south side of Suva Street from a point six hundred fifty-five (655) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred thirty-five (735) feet easterly thereof;

40. The west side of Garfield Avenue from the prolongation of the easterly curb line of Eastern Avenue to a point one hundred twenty (120) feet northerly thereof;

41. The south side of Clara Street from a point one hundred seventy-two (172)feet east of the prolongation of the easterly curb of Garfield Avenue to a point three hundred twenty (320) feet easterly thereof;

42. The south side of Florence Avenue from a point one hundred seventy (170)feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;

43. The south side of Florence Avenue from a point fifty (50) feet east of the prolongation of the east curb line of Ira Avenue to a point forty (40) feet west of the prolongation of the west curb line of Ira Avenue;

44. The south side of Florence Avenue from a point two hundred sixty-five (265)feet east of the prolongation of the east curb line of Ira Avenue to a point three hundred ninety (390) feet easterly thereof;

45. The south side of Florence Avenue from a point two hundred ten (210) feet west of the prolongation of the west curb line of Toler Avenue to a point seventy-five (75)feet east of the prolongation of the east curb line of Toler Avenue;

46. The south side of Florence Avenue from a point one hundred forty-five (145) feet west of the prolongation of the west curb line of Garfield Avenue to a point three hundred thirty-five (335) feet east of the prolongation of the east curb line of Garfield Avenue;

47. The south side of Florence Avenue from a point one hundred thirty (130) feet west of the prolongation of the west curb line of Perry Road to a point forty (40) feet east of the prolongation of the east curb line of Perry Road;

48. The south side of Florence Avenue from a point sixty-five (65) feet west of the prolongation of the west curb line of Kress Avenue to a point seventy (70) feet east of the prolongation of the east curb line of Kress Avenue;

49. The south side of Florence Avenue from a point one hundred twenty- five (125) feet west of the prolongation of the west curb line of Emil Avenue to a 4 Exhibit 2 184

point one hundred sixty-three (163) feet east of the prolongation of the east curb line of Emil Avenue;

50. The north side of Florence Avenue from a point sixty-two (62) feet west of the prolongation of the west curb line of El Selinda Avenue to a point one hundred thirty (130) feet east of the prolongation of the east curb line of El Selinda Avenue;

51. The north side of Florence Avenue from a point one hundred sixty-five (165)feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;

52. The north side of Florence Avenue from the prolongation of the west curb line of Ira Avenue to a point sixty-five (65) feet westerly thereof;

53. The west side of Eastern Avenue from the prolongation of the south curb line of Lubec Street to the prolongation of the north curb line of Priory Street;

54. The north side of Florence Avenue from the prolongation of the east curb line of Granger Avenue to a point sixty-five (65) feet easterly thereof;

55. The north side of Florence Avenue from a point sixty-three (63) feet west of the prolongation of the west curb line of Perry Road to a point one hundred fifty (150) feet east of the prolongation of the east curb line of Perry Road;

56. The north side of Florence Avenue from a point fifty-seven (57) feet west of the prolongation of the west curb line of Emil Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Emil Avenue;

57. The north side of Florence Place from a point two hundred thirty(230) feet west of the prolongation of the west curb line of Toler Avenue to a point fifty-five (55) feet east of the prolongation of the east curb line of Toler Avenue;

58. The east side of Eastern Avenue from the prolongation of the south curb line of Fry Street to the prolongation of the north curb line of Live Oak Street;

59. The north side of Live Oak Street from the prolongation of the east curb line of Eastern Avenue to a point one hundred fifty (150) feet easterly thereof;

60. The north side of Fry Street from the prolongation of the east curb line of Eastern Avenue easterly to the school property;

61. The north side of Priory Street from the prolongation of the west curb line of Eastern Avenue westerly to the west City limits;

62. The south side of Priory Street from the prolongation of the west curb line of Eastern Avenue to a point one hundred fifty (150) feet westerly thereof;

63. The west side of Darwell Avenue from the prolongation of the south curb line of Gage Avenue to a point one hundred eighty (180)feet southerly thereof; 5 Exhibit 2 185

64. The south side of Scout Avenue from a point thirty (30) feet west of the west property line of 7800 Scout Avenue easterly to a point fifty (50) feet;

65. The south side of Scout Avenue from the east property line of 7800 Scout Avenue westerly to a point thirty (30) feet;

66. The north side of Florence Place from the prolongation of the east curb of Garfield Avenue to a point two hundred thirty (230) feet easterly thereof;

67. The south side of Lubec Street from the prolongation of the west curb of Eastern Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb of Marlow Avenue;

68. The south side of Quinn Avenue from Lynda Lane to a point twenty- five (25) feet east of the prolongation of the east curb of Lynda Lane;

69. The east side of Eastern Avenue between the points six hundred sixty- five (665)feet and seven hundred twenty-five (725)feet north of the prolongation of the north curb of Florence Avenue;

70. The east side of Garfield Avenue from a point three hundred twenty- five (325) feet south of the prolongation of the south curb line of Loveland Street to a point five hundred thirty-five (535) feet southerly thereof;

71. The east side of Eastern Avenue from the prolongation of the south curb of Gage Avenue to a point two hundred thirty (230) feet southerly thereof;

72. The north and south sides of Clara Street from the prolongation of the west curb of Eastern Avenue to a point three hundred fifty (350) feet westerly thereof;

73. The north and south sides of Clara Street from the prolongation of the east curb of Eastern Avenue to a point two hundred fifty-five (255) feet easterly thereof;

74. The west side of Scout Avenue from the prolongation of the south curb of Florence Avenue to the prolongation of the east curb of Priam Drive;

75. The east side of Scout Avenue from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet south of the prolongation of the south curb of Clara Street;

76. The south side of Hannon Street from a point six hundred (600) feet east of the prolongation of the east curb of Chalet Drive to a point six hundred seventy-five (675) feet southerly thereof;

77. The north side of Hannon Street from a point six hundred twenty-five (625) feet east of the prolongation of the east curb of Chalet Drive to a point seven hundred seventy-five (775) feet southerly thereof;
6 Exhibit 2 186

78. The west side of Perry Road from the prolongation of the south curb of Florence Avenue to a point three hundred five (305) feet southerly thereof;

79. The east side of Perry Road from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet southerly thereof;

80. The east side of Colmar Avenue from the prolongation of the south curb of Gage Avenue to a point fifty-five (55) feet southerly thereof;

81. The west side of Perry Road from the prolongation of the north curb of Florence Avenue to the alley northerly thereof;

82. The east side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred five (105)feet southerly thereof;

83. The west side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point fifty (50) feet southerly thereof;

84. The north side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point one hundred five (105) feet westerly thereof;

85. The west side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point forty (40) feet southerly thereof;

86. The east side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred fifty (150) feet southerly thereof;

87. The east side of Darwell Avenue from the prolongation of the south curb of Gage Avenue to a point seventy (70) feet southerly thereof;

88. The east side and west side of Darwell Avenue from the prolongation of the north curb of Gage Avenue to a point sixty (60) feet northerly thereof;

89. The west side of Colmar Avenue from the prolongation of the north curb of Gage Avenue to a point seventy-five (75) feet northerly thereof;

90. The south side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point two hundred five (205) feet westerly thereof;

91. The north side of Gage Avenue from a point two hundred eighty-five (285) feet east of the prolongation of the east curb of Chalet Drive to a point three hundred twenty-five (325) feet west of the prolongation of the west curb of Chalet Drive;

92. The east side of Chalet Drive from the prolongation of the south curb of Gage Avenue to a point one hundred forty (140) feet southerly thereof;

93. The north side of Gage Avenue from a point two hundred forty-five (245) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the west curb of Emil Avenue;
7 Exhibit 2 187

94. The south side of Gage Avenue from a point one hundred sixty (160) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the east curb of Emil Avenue;

95. The west side of Garfield Avenue from the prolongation of the south curb of Loveland Street to a point two hundred fifty (250) feet southerly thereof;

96. The east side of Garfield Avenue from a point four hundred (400)feet north of the prolongation of the north curb of Clara Street to a point six hundred sixty-five (665) feet northerly thereof;

97. The west side of Jaboneria Road from the prolongation of the north curb of Clara Street to a point one hundred seventy (170) feet northerly thereof;

98. The east side of Jaboneria Road from the prolongation of the south curb of Clara Street to a point one hundred seventy-six(176)feet southerly thereof;

99. The south side of Clara Street from the prolongation of the west curb of Jaboneria Road to a point one hundred seventy-seven (177) feet westerly thereof;
100. The north side of Clara Street from the prolongation of the east curb of Jaboneria Road to a point one hundred thirty (130) feet easterly thereof; 101. The west side of Emil Avenue from a point two hundred seventy(270) feet south of the prolongation of the south curb of Florence Avenue to a point two hundred ninety (290) feet southerly thereof;
102. The south side of Shull Street from a point eight hundred eighty-nine (889)feet east of the BCR at Jaboneria Road, twenty-five (25)feet east and west of the back driveway at 5700 Shull Street;
103. The north side of Clara Street from a point one hundred forty-five (145) feet west of the prolongation of the west curb of Ira Avenue to a point one hundred sixty (160) feet westerly thereof;
104. The north side of Clara Street from a point one hundred ninety (190) feet west of the prolongation of the west curb of Ira Avenue to a point two hundred five (205) feet westerly thereof;
105. The north side of Clara Street from a point four hundred (400) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred fifteen (415) feet westerly thereof;
106. The north side of Clara Street from a point four hundred forty-five (445) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred sixty (460) feet westerly thereof;
107. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point ninety(90)feet south of the north curb of Watcher Street on the west side of Jaboneria Road;
8 Exhibit 2 188

108. The east side of Colmar Street from a point fifty (50) feet north of the prolongation of the north curb line of Lanto Street to a point one hundred fifty-five (155) feet northerly, thereof;
109. The east side of Emil Avenue south of Clara Street at alley entrance from the BCR on the north side of alley to a point twenty (20)feet northward on the east side of Emil Avenue; and from the BCR on the south side of alley to a point twenty (20) feet southward on the east side of Emil Avenue; 110. The west side of Emil Avenue south of Clara Street from the BCR on the north side of alley to a point twenty (20)feet northward on the west side of Emil Avenue;
111. The south side of Florence Avenue from a point one hundred forty (140)feet west of the prolongation of the west curb line of Ira Avenue to a point one hundred sixty-eight (168) feet westerly thereof;
112. The west side of Garfield Avenue from a point twenty five (25) feet south of the southern prolongation of Loveland Street to a point four hundred twenty-five (425) feet southerly, thereof;
113. The west side of Garfield Avenue from a point five hundred fifty (550) feet south of the southern prolongation of Loveland Street to a point seven hundred nineteen (719) feet southerly, thereof;
114. The north side of the southern Clara Street service road from the west City limits cul-de-sac to a point two hundred eighty five (285) feet easterly thereof; 115. The west side of Ajax Avenue from the prolongation of the southern curb line of Lubec Street, to a point 562' southerly thereof; 116. The south side of Ludell Street from a point of (12) feet west of the prolongation of the western curbline of El Selinda, to a point one hundred four feet (104) westerly thereof;
117. The south side of Gage from a point (423) feet east of the prolongation of the east curb line of Garfield Avenue to a point five hundred twenty three feet easterly thereof;
118. The south side of Park Lane, from a point four hundred twenty-three feet (423') east of the eastern prolongation of the east side of Garfield Avenue, to a point five hundred twenty-three feet (523') easterly; thereof."; 119. The southside of Priory Street, twenty-one (21') feet west of the western prolongation to a point of six hundred fifty eight (658') westerly thereof; 120. The north side of Agra Street, from a point four hundred eighty seven feet (487') from the east prolongation of Colmar Street to a point six hundred and one feet(601') easterly thereof. For a total of one hundred and fourteen feet(114'); 9 Exhibit 2 189

121. The north side of Lubec Street from a point fourteen (14) feet east of the eastern prolongation of Specht Avenue to a point one hundered fourty three (143) feet easterly thereof; (08/28/06)
122. The north side of Foster Bridge Blvd from a point twenty five (25)feet west of the western prolongation of Priam Drive to a point fifty five (55)feet westerly thereof; (03/26/07)
123. The north side of Foster Bridge Blvd from a point one hundred ninety three (193) feet west of the western prolongation of Cassandra Avenue to a point two hundred forty one (241) feet westerly thereof; (03/26/07) 124. The east side of Emil Avenue from a point twenty six (26) feet of the southern prolongation of Otto Street to a point fifty six (56) feet southerly thereof; (08/27/07)
125. The east side of Priam Drive from a point ten (10) feet north of the northern prolongation of Foster Bridge Blvd to a point forty (40) feet northerly thereof; (10/22/07)
126. The west side of Priam Drive from a point fifteen (15) feet north of prolongation of Foster Bridge Blvd to a point thirty(30)feet northerly thereof; (10/22/07) 127. The east side of Garfield Avenue from a point ten (10) feet south of the southern prolongation of Gallant Street to a point fourty-one (41) feet southerly thereof; (11/12/07)
128. The south side Gotham Street (at 5648 Gotham Street) from a point fifteen (15) feet south of the west of the western prolongation of the alley to a point 50 feet westerly thereof; (05/12/08)
129. The east side of Scout Avenue from a point five hundred twenty two (522')feet north of the northerly prolongation of Florence Avenue to a point five hundred sixty two (562') feet northerly thereof; (08/25/08) 130. The east side of Scout Avenue from a point six hundred and eight (608')feet north of the northerly prolongation of Florence Avenue to a point six hundred forty eight (648') feet northerly thereof; (08/25/08) 131. The west side of Scout Avenue from a point five hundred and sixty feet (560') south of the southern prolongation of Live Oak Street to a point of six hundred (600') feet southerly thereof; (03/23/09 7535 Scout Ave) 132. The west side of Scout Avenue from a point six hundred thirty (630') feet south of the southern prolongation of Live Oak Street to a point of six hundred fifty (650') feet southerly thereof; (03/23/09) 133. The west side of Scout Avenue from a point seven hundred twenty five (725') feet south of the southern prolongation of Live Oak Street to a point seven hundred sixty five (765') feet southerly thereof; (03/23//09) 134. The west side of Scout Avenue from a point eight hundred (800')feet south of the southern prolongation of Live Oak Street to a point eight hundred twenty (820') feet southerly thereof; (03/23/09) 10 Exhibit 2 190

135. The south side of Foster Bridge Blvd from a point seven hundred and seventy seven (777) feet west of the western prolongation of Scout Avenue to a point seven hundred and ninety four (794) feet westerly thereof; (Reso 2011-14 04/25/11)
136. The south side of Foster Bridge Blvd from a point eight hundred forty six (846) feet west of the western prolongation of Scout Avenue to a point eight hundred sixty nine (869) feet westerly thereof, (Reso 2011-14 04/25/11)
137. On the north side of Lubec Street from a point thirteen (13)feet east of the eastern prolongation of El Cortez Avenue, to a point fifty three(53) feet easterly thereof, (Reso 2011-50 11/28/11)
138. On the north side of Suva Street from a point nine-hundred and seven (907) feet west of the west prolongation of Scout Avenue to a point forty (40) feet westerly thereof; (Reso 2012-15 02/27/12) 138. On the north side of Florence Place from a point two hundred and fifty one (251) feet west of the west prolongation of Garfield Avenue to a point fifty seven (57) feet westerly thereof; (Reso 2012-16 02/27/12) 139. On the north side of Agra Street from a point six hundred one (601') feet west of the westerly prolongation of Jaboneria Road to a point six hundred thirty (630') feet westerly thereof; (Reso 2012-49 09/24/12) 140. On the north side of Watcher Street from the east prolongation of Eastern Avenue to a point 127' feet thereof, (Reso 2013-29 07/22/13) 141. On the south side of Watcher Street from a pointy thirty-five (35')feet from the easterly prolongation of Eastern Avenue to a point one- hundred twenty (120') feet easterly thereof; (Reso 2014-39) 142. On the south side of Loveland Street from the western prolongation of Adamson Avenue to a point thirty three feet(33')westerly thereof; (Reso 2014-44)
143. The west side of Jaboneria Road from a point two hundred eighty seven feet south of the prolongation of the south curb line of Clara Street to a point three hundred twenty eight (328') feet southerly thereof; (Reso.2017-35 8-14-17)
144. The north side of Live Oak Street a point ninety nine (99')feet west of the ending curb radius of Purdy Avenue to a point one hundred twenty nine (129') feet westerly thereof; (Reso.2017-56 12-11-17) 145. The north side of Live Oak Street from a point two hundred twenty nine (229') feet west of the ending curb radius of Purdy Avenue to a point two hundred fifty nine (259')feet westerly thereof, (Reso.2017-56 12- 11-17)
146. The north side of Live Oak Street from a point three hundred seventy one (371') feet west of the ending radius of Purdy Avenue to a point four hundred sevent one (471')feet westerly thereof, (Reso.2017-5612-11-17) 11 Exhibit 2 191

147. The north side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10')feet westerly thereof, (Reso 2020-10 2-10-20)
148. The south side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10') feet westerly thereof, (Reso 2020-10 2-10-20)
149. The south side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10')feet easterly thereof, (Reso 2020-10 2-10-20)
150. The north side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10') feet easterly thereof, (Reso 2020-10 2-10-20)
151. The east side of Purdy Avenue from the prolongation of the north curb of Lubec Street to a point ten (10')feet northerly thereof, (Reso 2020-10 2- 10-20)
152. The west side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10') feet southerly thereof; (Reso 2020-10 2-10-20)
153. The east side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10')feet southerly thereof. (Reso 2020-10 2- 10-20)
154. The west side of Emil Avenue from a point five hundred thirty-five (535') feet south of the prolongation of the south curb of Florence Avenue to a point five hundred sixty(560')feet southerly thereof. (Reso. 2021-04 1-25-21)
155. The west side of Ira Avenue from a point three hundred seventy one (371') feet south of the prolongation of the south curb of Live Oak Street to a point three hundred ninety one (391') feet southerly thereof. (Reso 2021-73 9-13-21)
156. The west side of Ira Avenue from a point twenty (20') feet south of the prolongation of the south curb of Priory Street to a point forty (40') feet southerly thereof. (Reso 2021-73 9-13-21)
157. The west side of Garfield Avenue from a point four hundred eight (408') feet south of the prolongation of south curb on Ira Avenue to a point four hundred sixty (460') feet southerly thereof. (Reso 2021-74 9-13-21)
158. The east side of Garfield Avenue from a point four hundred thirty six (436') feet north of the prolongation of the north curb of Muller Street to a point four hundred seventy one (471') feet northerly thereof. (Reso 2021-74 9-13-21)
159. The west side of Jaboneria Road from a point seven hundred twenty six (726') feet south of the prolongation of the south curb of Lubec 12 Exhibit 2 192

Street to a point seven hundred sixty six (766')feet southerly thereof; (Reso 2021-91 10-25-21)
160. The west side of Jaboneria Road from a point sixteen (16')feet south of the prolongation of the south curb of Ludell Street to a point thirty (30') feet southerly thereof; (Reso 2021-91 10-25-21)
161. The south side of Florence Avenue from the prolongation of the east curb line of Jaboneria Road to a point two hundred thirteen (213)feet easterly thereof, (Reso. 2022-21 3-14-22)
162. On the east side of Eastern Avenue from a point three hundred fifty- two (352')feet north of the prolongation of the north curb line of Lubec Street to a point three hundred sixty-two (362') feet northerly thereof; (Reso. 2022-71 8-8-22)
B. Designated Hours:

1. The south side of Clara Street from the south Clara service road and a point three hundred fifty (350) feet west of the prolongation of the west curb of Eastern Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted;

2. The south side of Clara Street, from a point three hundred fifty (350) feet east of the prolongation of the east curb of Eastern Avenue to a point two hundred (200) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;

3. The north side of Clara Street, from a point two hundred fifty-five(255) feet east of the prolongation of the east curb of Eastern Avenue to a point three hundred (300) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 6:30 a.m. and 8:30 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;

4. The south side of Florence Avenue from a point one hundred twenty- five (125)feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;

5. The north side of Florence Avenue from a point one hundred ninety- five (195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, between the hours of 6:00 a.m. and 8:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;

6. The north side of Florence Avenue from a point ninety(90)feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, between the hours of 6:00 a.m. and 9:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
13 Exhibit 2 193

SECTION 2. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof for a period of time in excess of the time hereafter set forth, shall be prohibited pursuant to Section 13.20.110 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein unless such vehicle displays a parking permit authorized on the streets listed under Section 2A (4-9):

A. Two-hour parking -7:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted

1. The east side of Garfield Avenue from Florence Place to the northerly City limits and the west side of Garfield Avenue from a point five hundred seventy feet (570') south of the southern prolongation of Gage Avenue to the northern curb line of Florence Place;

2. The south side of Gage Avenue from a point two hundred (200) feet east of the prolongation of the east curb of Eastern Avenue to Ajax Avenue;

3. The west side of Garfield Avenue from a point twenty-three (23) feet north of the driveway of the Garfield Elementary School to a point one hundred eighty (180) feet south;

4. The south side of Agra Street from Colmar Avenue to Darwell Avenue (permit parking allowed);

5. The north side of Agra Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

6. The east side of Jaboneria Road from Agra Street to Watcher Street (permit parking allowed);

7. The east and west sides of Jaboneria Road from Agra Street to the alley one hundred forty (140) feet south of Agra Street (permit parking allowed);

8. The north and south sides of Watcher Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

9. The north and south sides of Lanto Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

10. The north side of Suva Street from Emil Avenue to the east City limits;

11. The south side of Suva Street from the east property line of Suva Elementary School to the east City limits;

12. The north side of Quinn Street between Jaboneria Road and Lynda Lane;

13. The east side of Jaboneria Road between Quinn Street and Muller Street;
14 Exhibit 2 194

14. The east and west sides of Emil Avenue between Florence Place and Suva Intermediate School;

15. The east side of Garfield Avenue between the points three hundred (300) feet and four hundred (400) feet north of the northerly prolongation of the north curb of Clara Street;

16. The south side of Florence Place from Garfield Avenue to Florence Avenue;

17. The east side of Scout Avenue between the points two hundred fifty (250) feet and eight hundred forty (840) feet north of the prolongation of the north curb of Florence Avenue;

18. The west side of Eastern Avenue adjacent to the premises at 8029 Eastern Avenue (approximately one hundred fifty (150) feet);

19. The west side of Eastern Avenue from the prolongation of the north curb line of Lubec Street to the northerly City limits;

20. The east side of Eastern Avenue from a point seven hundred twenty- five (725)feet north of the prolongation of the north curb line of Florence Avenue to the prolongation of the south curb line of Watcher Street;

21. The north side of Live Oak Street from a point one hundred fifty (150) feet east of the prolongation of the east curb line of Eastern Avenue easterly to the school property;

22. The east side of Eastern Avenue between the points five hundred forty-five (545)feet and six hundred twenty-five (625)feet north of the prolongation of the north curb of Florence Avenue;

23. The west side of Garfield Avenue from the prolongation of the north curb of Shull Street to a point two hundred ten (210) feet northerly thereof;

24. The west side of Garfield Avenue from the prolongation of the south curb of Clara Street to a point two hundred five (205) feet southerly thereof;

25. The east and west sides of Eastern Avenue from the prolongation of the south sides of Clara Street to the prolongation of the north sides of Shull Street;

26. The north side of Cecilia Street from a point sixth (60)feet east of the Eastern prolongation of Eastern Avenue to a point one hundred sixty (160) feet easterly thereof.

27. On the north side of Agra Street from a point four hundred forty(440') feet west of the west prolongation of Jaboneria Road to a point four hundred eighty one (481') feet westerly thereof. (added Reso.2012-49 09/24/12) B. Two-hour parking 8:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:
15 Exhibit 2 195

The north side of Florence Avenue from a point one hundred ninety-five(195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100)feet west of the prolongation of the west curb line of Garfield Avenue, excluding the no stopping any time areas.

C. Two-hour parking 7:00 a.m. to 3:00 p.m., Saturdays, Sundays, and holidays excepted:

The south side of Florence Avenue from a point one hundred twenty-five (125)feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107)feet east of the prolongation of the east curb line of El Selinda Avenue, excluding the no stopping any time areas.

D. Two-hour parking 9:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:

The north side of Florence Avenue from a point ninety (90) feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, excluding the no stopping any time areas.

E. Two-hour parking at all times:

The east and west sides of Greenwood Avenue, south of Gage Avenue at all hours, excluding the no stopping any time areas.

F. One-hour parking 7:00 a.m. to 10:00 p.m., Sunday excepted:

1. The east side of Eastern Avenue from the prolongation of the north curb line of Clara Street to the prolongation of the south curb line of Live Oak Street;

2. The west side of El Selinda Avenue from the prolongation of the north curb line of Florence Avenue northerly to the alley;

3. The east side of Eastern Avenue from a point two hundred (200)feet south of the prolongation of the south curb line of Florence Avenue to the prolongation of the north curb line of Fry Street;

4. The west side of Eastern Avenue from the prolongation of the south curb line of Priory Street to the prolongation of the north curb line of Clara Street;

5. Request for one-hour limit parking zone for east side of Ira Avenue, north of Florence Avenue (El Tapatio Market) **
SECTION 3. The stopping, standing, or parking of a vehicle upon municipal parking lots shall be restricted, pursuant to Section 13.20.500 of the Bell Gardens Municipal Code, as follows:
16 Exhibit 2 196

A. The municipal parking lots adjacent to the Bell Gardens City Hall; parking only for the purpose of conducting business at City Hall.

B. The municipal parking lots adjacent to Ross Auditorium, Bell Gardens Park, and Ford Park; parking only for the purpose of conducting business at, or use of, the Auditorium or Park facilities, and no parking shall be permitted between the hours of 2:00 a.m. and 4:00 a.m.

C. The municipal parking lot at Ford Park adjacent to the golf course in designated spaces with signs and or marking; parking only for conducting business at, or use at, Ford Park Gold Course during the posted hours of operation.

SECTION 4. The stopping, standing, or parking of a vehicle upon any of the streets or parts thereof in the areas of the City hereinafter designated shall be prohibited pursuant to Section 13.20.120 of the Bell Gardens Municipal Code on the days designated between the hours of 8:00 a.m. and 4:00 p.m., for street sweeping purposes, provided, however, that nothing contained herein shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained.

A. Each Wednesday, between the hours of 8:00 a.m. and 4:00 p.m.:

All streets and highways and portions thereof, in that section of the City of Bell Gardens lying northerly of the centerline of Florence Avenue to the north City limits.

B. Each Thursday, between the hours of 8:00 a.m. and 4:00 p.m.:

All streets and highways and portions thereof, in that section of the City of Bell Gardens lying southerly of the centerline of Florence Avenue to the north City limits.

C. Each Friday, between the hours of 6:00 a.m. and 8:00 a.m.:

1. The east side of Eastern Avenue from north City limit to south City limit; (Reso2017-164/10/17)
D. Each Monday, between the hours of 6:00 a.m. and 8:00 a.m.:

1. The west side of Eastern Avenue from north City limit to south City limit; (Reso2017-164-10-17)
E. The following streets or portions thereof are excepted from the prohibitions contained in this Section 4:

1. Both sides of Florence Avenue;
17 Exhibit 2 197

2. Both sides of Eastern Avenue;

3. Both sides of Scout Avenue from Florence Avenue to the prolongation of the southerly curb of Live Oak Street;

4. The south side of Live Oak Street from the prolongation of the westerly curb of Scout Avenue to a point five hundred sixty (560) feet westerly thereof;
SECTION 5. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited or restricted at all times as set forth in Section 13.20.100 of the Bell Gardens Municipal Code, by means of painted curb markings:

A. Commercial loading and unloading (yellow curb)

1. The north side of Cecilia Street from a point twenty-five (25)feet west of the prolongation of the west curb line of Eastern Avenue, to a point one hundred two (102) feet westerly thereof;

2. The south side of Quinn Street from a point three hundred forty-five (345)feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred eighty-five (385) feet westerly thereof;

3. The west side of Ajax Avenue from a point two hundred (200) feet north of the prolongation of the north curb line of Florence Avenue to a point six hundred seventy-three (673) feet northerly thereof;

4. The south side of Scout Avenue from a point one hundred ninety(190) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred fifty (250) feet easterly thereof;

5. The west side of Ira Street from a point one hundred fifty (150) feet north of the prolongation of the north curb line of Florence Avenue to a point two hundred fifty-five (255) feet northerly thereof;

6. The west side of Ira Avenue from a point sixty nine (69')feet south of the prolongation of the south curb of Gage Avenue to a pointy ninety one (91')feet southerly thereof to be in effect from 8:OOam to 6:OOpm except Saturdays, Sundays and Holidays; (Reso 2021-56 6228 Gage 6-28-21)
B. Passenger loading and unloading (white curb)

1. The south side of Suva Street from a point two hundred ninety-five (295) feet east of the prolongation of the east curb line of Emil Avenue to a point three hundred sixty (360) feet easterly thereof;

2. The south side of Scout Avenue from the prolongation of the west curb line of Gotham Street to a point ninety (90) feet easterly thereof; 18 Exhibit 2 198

3. The south side of Quinn Street from a point one hundred (100) feet west of the prolongation of the west curb line of Jaboneria Road to a point one hundred fifty-seven (157) feet westerly thereof;

4. The south side of Quinn Street from a point one hundred ninety(190) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred forty-five (345) feet westerly thereof;

5. The south side of Quinn Street from a point three hundred eighty-five (385)feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred sixty (660) feet westerly thereof;

6. The west side of Eastern Avenue from a point eleven (11) feet south of the prolongation of the south curb line of Gotham Street to a point thirty-three (33) feet southerly thereof;

7. The east side of Eastern Avenue from a point four hundred thirty-five (435) feet north of the prolongation of the north curb of Lubec Street to a point four hundred sixty (460) feet northerly thereof;

8. The east side of Garfield Avenue from a point four hundred forty-six (446) feet north of the prolongation of the north curb line of Florence Place to a point four hundred sixty-six (466) feet northerly thereof;

9. The west side of Jaboneria Road from a point forty-three (43) feet north of the prolongation of the north curb line of Priory Street to a point seventy-five (75) feet northerly thereof;

10. The west side of Jaboneria Road from a point one hundred seventy- two (172)feet north of the prolongation of the north curb line of Live Oak Street to a point two hundred thirty-seven (237) feet northerly thereof;

11. The north side of Loveland Street from a point twenty-seven (27)feet east of the prolongation of the east curb line of Colmar Avenue to a point fifty-eight (58) feet easterly thereof;

12. The south side of Scout Avenue from a point twenty (20) feet east of the west property line of Ford Park Adult School, 7800 Scout Avenue to a point thirty (30) feet west of the east property line;

13. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point two hundred eighty (280) feet easterly thereof;

14. The east side of Toler Avenue from a point one hundred ninety-one (191) feet north of the prolongation of the north curb line of Florence Place to a point five hundred seven (507) feet northerly thereof;

15. The north side of Live Oak Street from the prolongation of the east curb of Purdy Avenue to a point one hundred fifty (150) feet westerly thereof; 19 Exhibit 2 199

16. Request for white curb (10-minute parking) at 7425 Garfield Avenue (Garfield Elementary School)from a point 375' north of the northern prolongation of Florence Avenue to a point 850' northerly; thereof. **

17. Request for white curb (passenger loading) at 7104 Perry Road. (Rio- Hondo Boys & Girls Club.) **

18. The east side of Ira Avenue from a point one hundred ninety-two (192) feet south of the southern prolongation of Gage Avenue to a point two hundred thirty eight (238) feet southerly thereof; (11/26/07)

19. The east side of Ira Avenue from a point two hundred sixty two (262) feet south of the southern prolongation of Gage Avenue to a point two hundred eighty (280) feet southerly thereof; (11/26/07)

20. The north side of Cecilia Street from a point one hundred and fifty four (154) feet west of the western prolongation of the Jaboneria Road to a point one hundred seventy seven (177) feet westerly thereof, (At all times 07/09/08)

21. The south side of Florence Place from a point two hundred eighty eight 288' feet east of the east prolongation of Perry Road to a point 313' feet easterly thereof, (Monday through Friday 7amto 6pm 6628 Florence PI Reso 2011-0402/14/11)

22. The north side of Gallant Street from a point four hundred and eighty eight (488) feet east of the eastern prolongation of Jaboneria Road, to a point five hundred and eight (508) feet easterly thereof, (without period designations,at all times Reso 2011-15 04/25/11)

23. On the north side of Agra Street from a point three hundred and sixty-three (363') feet west of the prolongation of the west curb line of Jaboneria Road to a point five hundred and twenty-three (523') feet westerly thereof; (Reso 2015-56 8/25/15)

24. The west side of Eastern Avenue from a point one hundred and seventy seven (177')feet south of the prolongation of the south curb line of Loveland Street to a point two hundred seven (207') feet southerly thereof, (Reso.2016-17 4/25/16)

25. The north side of Florence Place from a point six hundred forty (640') feet east of the eastern prolongation of Emil Avenue to a point eight hundred forty (840') feet easterly thereof, (Reso 2016-27 7/25/16)

26. The north side of Live Oak Street from a point one hundred twenty nine (129') feet west of the ending curb radius of Purdy Avenue to a point two hundred twenty nine (229') feet westerly thereof; (Reso. 2017-5612-11-17)
C. Twenty Minute Zone (green curb)
1 Th�noi lth Side of Suva Street from a PGORt fni it hi inrlrP-d tW (TLC eRty frPccr r-
ASt f the PF91GRgatiGR ref the o-aot rG irh lino �Ge. "p��`o �� f9 it hi inrlror! SeVeRty fiVe (475) foot easterly thereaf (Removed by Reso 2020-101 12/14/20) Exhibit 2 3QO

2. The south side of Clara Street from a point fifty-five (55) feet west of the prolongation of the west curb line of Ram ish Avenue to a point eighty (80) feet westerly thereof;

3. The north side of Clara Street from a point eighty-five (85)feet west of the prolongation of the west curb line of Perry Road to a point one hundred forty (140) feet westerly thereof;
4 The eoct Side of Gmll 4�ieni ie frnm a nnint fni irteen (1 4) feet cni ith of the nr ggatinn of the se nth ni irh linoef Suva Stree-t to o nnint forty (40) feet se itherly thereef; (Removed by Reso 2020-101 12/14/20)

5. The east side of Ajax Avenue from a point sixty-nine (69)feet north of the prolongation of the north curb line of Florence Avenue to a point ninety-eight (98) feet northerly thereof;

6. The west side of Ajax Avenue from a point eighty-seven (87)feet north of the prolongation of the north curb line of Florence Avenue to a point one hundred fifty-seven (157) feet northerly thereof;
7 Tho �niect cirlo of frnm a nnint civ hi indred (600)feet 9391 Ith of the nrnlnngatinn of the oni nth ni wh lino Af 1 GY Ign� c hi inrlror! Sixteen (616) feet cni itheFly thereefT (Removed by Reso 2020-101 12/14/20)

8. The st9 nth Side of Drinry Street frnm a nnint one hi IRdred fifty (1 50) foot Ynceot of the nrnlnngatinn of the YVeot ni irh lino of C-Aotern Aye.p ie to a nnint tnig hi inrlror! fmPie (205) foot westerly thereof; (Removed by Reso 2020-101 12/14/20) 9 The eoct Side gf�ern 4�� betWeen the nnintc civ hi inrlror! �--r�ca�ru� ��-rrcP , �r�r-r�cn-rarccr tWent y fide (625)feet apd six hi-Added sixty fide (665)feet north of the nrnlnngetign gf the north ni irh of Clnrenne AVP_R ie' (Removed by Reso 2020-101 12/14/20)

10. The south side of Gage Avenue from a point two hundred five (205) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred fifty-six (256) feet westerly thereof;

11. The west side of Garfield Avenue from a point one hundred (100)feet south of the prolongation of the south curb at Cecilia Street to a point one hundred sixty (160) feet southerly thereof;
12 Th�Pct cirle of frnm a nnint SeVenty five (75) feet onvi ith of the nrnlnngatinn of the oni ith ni wh of (Mere Street to a nnint one h,ipdrer! a
ten (1 1 Q) feet cei itherly thereof (Removed by Reso 2020-101 12/14/20)

13. The eoct Side of Garfieldd frnm a nnint eight (8) feet se.ith of the nrnlnngatinn of the se ith ni irh line of Genilia Stre Sixty /�c� sei itherly thereof; (Removed by Reso 2020-101 12/14/20)

14. The west side of Garfield Avenue from a point seventy-five (75) feet north of the prolongation of the north curb of Fostoria Street to a point ninety (90) feet northerly thereof;
Exhibit 2 3tl1

15. The north side of Florence Place from a point forty (40) feet west of the prolongation of the west curb of Granger Street to a point sixty-five (65) feet westerly thereof;

16. The west side of Eastern Avenue from a point sixty-one (61)feet south of the prolongation of the south curb of Watcher Street to a point one hundred sixty- two (162) feet southerly thereof;

17. The north side of Clara Street from a point two hundred five (205)feet west of the prolongation of the west curb of Ira Avenue to a point four hundred (400) feet westerly thereof;

18. The north side of Florence Avenue from a point one hundred (100) feet east of the prolongation of the east curb of Live Oak Street to a point one hundred twenty (120) feet easterly thereof;

19. The north side of Florence Avenue from a point one hundred sixty (160) feet east of the prolongation of the east curb of Live Oak Avenue to a point one hundred ninety (190) feet easterly thereof;
The nArth side ref Gene Aypp,ie frr)m a PGint tWA hi'Arbor! ninety(299.) Tfecet �NPeRt of the nrnlnnnotinn of the VP-St ni irh of D-AP.MP-111 4V_e'R ,e tn a nnint throo hi inrlror! bNent y (' 29) foot �nmoter1y thereof;

21. The west side of Garfield Avenue from a point sixty one (61)feet south of the southern prolongation of Muller Street to a point one hundred one (101)feet southerly thereof;

22. Request for green curb (20-minute parking) at 8045 Garfield Avenue(Garfield Market). **

23.The north side of Clara Street from a point three hundred twenty three (323) feet east of the easterly prolongation of Gephart Street to a point three hundred thirty nine feet easterly thereof; (08/28/06) 24 Th�c NPPRt�p^fvf FEascerrn A�.4p-ni io from a point fide hundred twe (59 M Tfec�ei 1th ref the oni 1ttrhT ri tieen ff (�I�r� Ctre t in PGint fide hh,in rer! thirty nine (539) foot cni 1therhi thereof; (Removed by Reso 2020-101 12/14/20)

25. The south side of Clara Street from a point three hundred and thirty five (335') east of the eastern prolongation of Garfield Avenue to a point thirty six (36') easterly thereof; 6334 Clara Street(06/14/10)

26.On the left side of Lubec Street from a point twenty five (25) feet east of the eastern prolongation of Jaboneria Road, to a point fourty five (45)feet easterly thereof, (Reso 2011-49 11/28/11)

27.The east side of Eastern Avenue from a point two hundred eighty two (282') feet north of the prolongation of the north curb of Jaboneria Road to a point three hundred thirty two (332') feet northerly thereof to be in effect from 9:00am to 6:OOpm except on Saturdays, Sundays and Holidays; (Reso 2021-57 7908 Eastern 6-28-21)
22 Exhibit 2 202

28.On the east side of Garfield Avenue from a point one hundred twenty- three (123') feet north of the northerly prolongation of Buell Street to a point one hundred fourty-seven (147') feet northly thereof. (Reso.2022-50 06- 13-22)
D. Twenty Minute Zone 7.00 a.m. - 6.00 p.m. (green curb) E. Handicapped Parking (blue curb)

1. The south side of Agra Street adjacent to the premises at 6248 Agra Street approximately thirty (30) feet; removed by Reso 8- 1 10-13-08

2. The north side of Muller Street from a point two hundred eighty-eight (288) feet west of the west prolongation of Garfield Avenue, to a point three hundred eight (308) feet westerly thereof; ir°eimoved Irby IReso, 2018-1 8 2-26-18

3. The west side of Perry Road from a point four hundred and forty one (441) feet from the prolongation of the north curb line of Florence Place to a point four hundred fifty six (456)feet northerly thereof. removed by Reso 8- 1 10-13-08

4. The west side of Darwell Avenue from a point sixty eight(68)feet from the prolongation of the north curb line of Lubec Street to a point eighty eight (88) feet northerly thereof; removed by Reso 8- 1 10-13-08

5. The west side of Purdy Street from a point fifty-five feet (55') south of the prolongation of the south curb line of Live Oak Street to a point seventy- five feet (75') southerly thereof, ir°eimoved Irby IReso, 2018-1 8 2-26-18

6. The north side of Gallant Street (5953 Gallant Street) from a point (488)feet east of the prolongation of the east curb line of Jaboneria Road to a point (508) feet easterly thereof. Removed by Reso 2011-15 04-25-11

7. The north side of Priory Street from a point 788' east of the eastern prolongation of Jaboneria Road, to a point 803' easterly thereof.

8. The north side of Lanto Street from a point twenty(20)feet east of the east prolongation of Jaboneria Road to a point 36 feet easterly thereof (6201 Lanto). ir°eimoved Irby IReso, 201 8-1 8 2..26-18

9. The south side of Agra Street from a point 378' feet of the west prolongation of Jaboneria Road to a point 415' feet westerly thereof(6122 Agra St) Reso 2010-04

10. On the north side of Loveland Street from a point thirty eight (38) east of the eastern prolongation of Ajax Avenue, to a point fifty eight (58) feet easterly thereof; ir°eimoved Irby IReso, 201 8-1 8 2..26-18

11. On the south side of Lanto Street from a point twenty-six (26') feet from the easterly prolongation of El Selinda Avenue to a point forty-six (46') feet easterly thereof (5900 Lanto St); (Reso 2014-25 6/23/14)

12. On the south side of Gotham Street from a point seventy-one (71')feet west of the western prolongation of Ira Avenue to a point ninty-one (91') feet westerly thereof (6142 Gotham St); (Reso 2016-27 7/25/16) 23 Exhibit 2 203

13. The south side of Fostoria Street from a point four hundred thirty(430')feet east of the east prolongation of Eastern Avenue to a point four hundred fify (450') feet easterly thereof (5844 Fostoria St); (Reso.2017-57 12-11-17)

14. The east side of Ajax Avenue from a point five hundred sixty(560')feet north of the prolongation of the north curb line Lubec Street to a point five hundred eighty (580') feet northerly thereof; (Reso 2021-64 07/26/21)

15. On the south side of Quinn Street from a point six hundred sixty-six (666') feet from the easterly prolongation of Bell Gardens Avenue to a point six hundred ninety- four (694') feet easterly thereof. (Reso.2022-49 06/13/22) F. Twenty Minute Zone 9:00 a.m. - 6:00 a.m. (green curb)

1. The north side of Florence Avenue from a point forty-two (42)feet east of the prolongation of the east curb line of Live Oak Street to a point eight-five (85) feet easterly thereof;
SECTION 6. The stopping, standing, or parking of a vehicle operated by a government official displaying an official placard issued by the City of Bell Gardens Public Works Department shall be exempted from normally legal parking spaces while on official government business.

SECTION 7. The City Council finds, pursuant to Section 13.20.800 of the Bell Gardens Municipal Code, that the volume of traffic and other conditions at the following locations are such that the enforcement of the provisions of the Bell Gardens Municipal Code prohibiting or restricting parking by the imposition of the criminal penalties is not sufficient to prevent the illegal parking of vehicles, and authorizes the towing of illegally parked vehicles in the following zones:

A. Any areas designated in Sections 1 and 4 hereof as zones in which the stopping, standing or parking of vehicles at all or any times is prohibited.

SECTION 8. Resolution No. 2011-50 is hereby repealed.

SECTION 9. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 28t" day of November, 2011.

APPROVED AS TO FORM:

CITY ATTORNEY MAYOR
ATTEST:
24 Exhibit 2 204

CITY CLERK
25 Exhibit 2 205

CITY OF BELL GARDENS

PUBLIC WORKS DEPARTMENT
Exhibit 2
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Exhibit 3 206

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Exhibit 3 207

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 8.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
SUBJECT: APPROVAL OF PURCHASE OF AIR COMPRESSOR FOR PUBLIC WORKS YARD DATE: August 22, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion:

Adopt the attached Resolution approving an agreement with Multiquip, I nc. for the purchase of an air compressor for the cost of $24,343.

BACKGROUND/DISCUSSION:

During the annual budget review and preparation process, the Public Works Department requested funding for the replacement of existing equipment that is worn/inoperable as well as for new materials and supplies. The Department identified the below listed equipment as a need for replacement for FY 2022-23. • Purchase of New Air Compressor, model Multiquip MQ 185, 49HP Eng, Tier 4 final; replacing one existing air compressor(over 50 HP)that is out compliance with California Air Resources Board emissions standards and can no longer be operated.

Cooperative Purchasing through Sourcewell
Under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency. Bell Gardens is a member of Sourcewell (formerly National Joint Powers Alliance NJ PA) and membership entitles the City to access competitively bid national contracts resulting in lower priced vehicles due to economies of scale.

Sourcewell was created by state law as a service cooperative to provide programs and services to education and government. As a service cooperative, Sourcewell is a local government unit, public corporation, and public agency created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K- 12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell is authorized to establish competitively awarded cooperative purchasing contracts on behalf of itself and its participating agencies. Sourcewell follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services.

On February 28, 2019, Sourcewell released a Request for Proposals for Portable Construction Equipment with Related Accessories and Attachments. On April 12, 2019, Multiquip submitted a proposal and on June 17, 2019, 208

Multiquip was awarded a Solicitation Contract, Contract#041719-MTQ.

Staff obtained a quote for the air compressor from Multiquip for a cost of $24,342.40. The compressor pricing is based on Multiquip's cooperative purchasing contract with Sourcewell.

CONCLUSION:

With Council approval of the proposed agreement with Multiquip, the City as a public agency will be able to utilize Multiquip's cooperative agreement with Sourcewell, to purchase the air compressor. The delivery of the compressor is anticipated in January 2023.

FISCAL IMPACT:

There are Gas Tax funds available in the amount of $33,000 in the FY 2022/23 Public Works budget for this purchase.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-86
Exhibit 2 -Agreement with Exhibits
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 209

RESOLUTION NO. 2022-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AN AGREEMENT WITH MULTIQUIP, INC. FOR THE PURCHASE OF AN AIR COMPRESSOR
WHEREAS, under Section 3.04.100E of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception when the supplier offers the same or better price, terms and conditions as a supplier offers the lowest responsible bidder under a competitive procurement conducted by another city or public agency; and WHEREAS, Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members; and
WHEREAS, on February 28, 2019, Sourcewell (hereinafter, "Sourcewell") issued a Request for Proposals ("Sourcewell RFP") for procurement of portable construction equipment with related accessories and attachments (RFP #041719); and WHEREAS, on April 12, 2019, Multiquip, Inc. submitted a proposal; and WHEREAS, on June 17, 2019, Multiquip, Inc. was awarded a Solicitation Contract #041719-MTQ; and
WHEREAS, the City of Bell Gardens is a member of National Joint Powers Alliance (NJPA) and as member the City is entitled to access competitively bid national contracts; and
WHEREAS, the City of Bell Gardens Public Works Department is in need of a an air compressor; and
WHEREAS, the City Council finds that the City has complied with the procurement process; and
WHEREAS, the City desires enter into an agreement with Multiquip, Inc. for the purchase of one (1) air compressor under contract #041719-MTQ for the total cost of $247 342.40.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council finds that the above recitals are true and correct Exhibit 1 210

Resolution No. 2022-86
and incorporate them herein.

SECTION 2. The City Council finds that the City has complied with local, state and federal requirements for procurement as members of National Joint Powers Alliance (NJPA).

SECTION 3. The City Council hereby approves an agreement with Multiquip, Inc. for the purchase of one (1) air compressor under contract #041719-MTQ for the total cost of $24,342.40.

SECTION 4. The City Council further authorizes the City Manager to execute the agreement with Multiquip, Inc. consistent with this resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

PASSED, APPROVED and ADOPTED this 22nd August, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Vanessa Quiroz
City Attorney Acting City Clerk
2 of 2
Exhibit 1 211

2022

EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Multiquip)
(Parties: City of Bell Gardens and Multiquip, Inc.)
THIS EQUIPMENT PROCUREMENT AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2022 by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and MULTIQUIP, INC. (hereinafter, "Multiquip"). For the purposes of this Agreement, City and Multiquip may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Multiquip interchangeably.

RECITALS
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, City desires to purchase one Multiquip Air Compressor (model 185 CFM 49 HP) from Multiquip; and
WHEREAS, per Section 3.04.100(E) (Exceptions) of Chapter 3.04 (Purchasing System) of the Bell Gardens Municipal Code (hereinafter, "Section 3.04.100"), states that the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and WHEREAS, on February 28, 2019, Sourcewell (hereinafter, "Sourcewell") issued a Request for Proposals ("Sourcewell RFP") for Portable Construction Equipment with Related Accessories and Attachments (RFP #041719); and
WHEREAS, on April 12, 2019, Multiquip submitted a proposal; and WHEREAS, on June 17, 2019, Multiquip was awarded a Solicitation Contract #041719-MTC, (hereinafter "Sourcewell Contract"); and
WHEREAS, authorized under Section 3.04.100(E) of the Bell Gardens Municipal Code but such to certain terms and conditions set forth, City wishes to avail itself to the opportunity to purchase certain equipment and services that meet the specifications of the Sourcewell Contract at the same unit pricing and rates given to Sourcewell under the Sourcewell Contract; and
WHEREAS, the City as a public agency will be able to utilize Multiquip's cooperative agreement with Sourcewell, to purchase directly from Multiquip; and WHEREAS, City desires to enter into an agreement with Multiquip for the purchase Exhibit 2 2�2

of one (1) Air Compressor, upon the conditions set forth below.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City, and Multiquip, agree as follows:

Section 1. DESCRIPTION OF EQUIPMENT AND SERVICES.

A. Subject to all the terms and conditions of this Agreement, Multiquip agrees to sell and deliver, that certain Air Compressor listed in Multiquip Quotation # 20830854 (the "Quotation") dated August 11, 2022. A true and correct copy of the Quotation is attached and incorporated hereto as Exhibit "A". For purposes of this Agreement, the capitalized term "Air Compressor" shall refer to the air compressor listed in the Sourcewell RFP. The unit prices charged by Multiquip to City for the Air Compressor listed in the Quotation shall be no greater than the unit prices charged to Sourcewell under the Sourcewell RFP. Except as otherwise provided herein the Air Compressor shall in all respects meet the specifications for identical Air Compressor set forth under the Sourcewell RFP and shall be subject to all warranties set forth under the Sourcewell RFP and Sourcewell Contract (Collectively referred to as Sourcewell Documents). A true and correct copy of the Sourcewell Documents are attached and incorporated hereto as Exhibit "B".

B. Multiquip; performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Multiquip to complete its delivery and off-loading of the Air Compressor at the location(s) specified by the City Representatives in a good workmanlike manner. Multiquip shall not commence the delivery of the Air Compressor until such time as City issues a written notice to proceed (hereinafter, the "Notice to Proceed") with the delivery, which notice shall specify the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.

C. Multiquip shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Multiquip shall, among other things, be responsible for the delivery of the Air Compressor to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Air Compressor from Multiquip's delivery Air Compressor to the location(s) specified by the City representatives. City shall in no way be responsible for undertaking the delivery of the Air Compressor with its own personnel or any other contracted third-party, nor shall City be responsible for providing Multiquip's personnel with training, tools or equipment required to deliver the Air Compressor. The Air Compressor shall be delivered to City within two hundred forty days (240 days) from City's issuance of the written Notice to Proceed.

D. The Air Compressor shall be subject to inspection by City and may be rejected by City if the Air Compressor does not meet the specifications called for under this Agreement or is otherwise broken or defective. The Air Compressor shall be considered accepted upon City's issuance of a written Notice of Acceptance,which shall not be unreasonably withheld or delayed. At any time prior to the issuance Exhibit 2 2?13

of a Notice of Acceptance, CITY may reject, return and demand the replacement of the Air Compressor which does not meet the required specifications or is broken or defective and the cost of returning and replacing the Air Compressor shall be borne solely and exclusively by Multiquip. At City's option, Air Compressor that is rejected and returned by City shall be promptly replaced by Multiquip or the cost of such Air Compressor shall be credited or refunded to City. No payment shall be required until replacement is complete. Multiquip shall replace the Air Compressor lost during delivery. Prior to the issuance of such Notice of Acceptance, Multiquip, at Multiquip's sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Air Compressor as may be necessary to ensure that the Air Compressor will perform in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Air Compressor will perform in accordance with the established specifications.

E. City's acceptance of the Air Compressor shall be conditioned upon the final inspection and performance testing of the Air Compressor by City, as specified under Section 5 of this Agreement, below, to ensure that the Air Compressor satisfy the requirements of the City and is capable of performing in accordance with performance standards set forth in the specifications of the Sourcewell RFP.

City reserves the right to direct to replace, at no additional cost to City, any Air Compressor which are determined to be damaged, defective or other non- compliant with such specifications.

F. Coordinated delivery of Air Compressor will take place during the standard business hours.

G. Risk and Title. Multiquip shall bear risk of loss of the Air Compressor, including any damage sustained during transportation to the delivery site. Risk in the Air Compressor shall pass to City upon delivery. Transfer of title to Air Compressor shall pass to City upon payment. Nothing in this subsection shall operate to restrict, limit or modify; (i) the right of City to reject or withhold acceptance of any Air Compressor that are damaged, defective or which otherwise fails to meet the specifications called for herein; or (ii) the right of City to purse any other remedies under this Agreement in the event the Air Compressor are defective or fails to meet specifications or upon Multiquip's breach of any ongoing duties or obligations set forth under this Agreement.

Section 2. STANDARD OF CARE.

A. Multiquip represents, acknowledges and agrees as follows:

1. Multiquip shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the Multiquip's field;

2. Multiquip shall perform all work in a manner reasonably satisfactory to the Exhibit 2 2)4

City;

3. Multiquip shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);

4. Multiquip understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance;

5. All of Multiquip's employees and agents (including but not limited to Multiquip's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and

6. All of Multiquip's employees and agents (including but not limited to Multiquip's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.

The Parties acknowledge and agree that Multiquip's acceptance of any work performed by or on Multiquip's behalf shall not constitute a release of any defects or damage to the Air Compressor undetectable or otherwise unknown to City at the time of acceptance.

The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Multiquip, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.

Section 3. REPRESENTATIVES
A. City Representative. For the purposes of this Agreement, the Agreement administrator and City's representative shall be Grissel Chavez, Director of Public Works and her designee (hereinafter, the "City Representative"). It shall be Multiquip's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and Multiquip shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.

B. Multiquip Representative. For the purposes of this Agreement, Larry Savitz, Director of Government Sales, is hereby designated as the principal and representative of Multiquip authorized to act on its behalf with respect to Multiquip's performance under this Agreement and to make all decisions in connection therewith (the "Multiquip Representative"). Notice to the Multiquip Representative Exhibit 2 2)5

shall be written to constitute notice to Multiquip.

Section 4. MULTIQUIP'S PERSONNEL
A. Multiquip represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such services will be performed by or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.

B. Multiquip shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.

C. In the event that City, in its sole and absolute discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned to perform services pursuant to this Agreement, shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.

D. Multiquip shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.

E. Permits and Licenses. Multiquip shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.

Section 5. TESTING AND INSTRUCTION ON OPERATION AND MAINTENANCE City's personnel in coordination with Multiquip's personnel shall have a period of thirty (30) calendar days from the date the Air Compressor is delivered to run performance tests of the Air Compressor in order to determine whether or not the Air Compressor meet specifications, are not damaged and are functioning properly. Multiquip, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on the property operation and maintenance of the Air Compressor and shall supply City with true and correct copies of all technical specifications, operating manuals and other materials relating to the maintenance, upkeep and operation of the Air Compressor. The foregoing shall be in addition to and not in lieu of any training program specified under the Sourcewell RFP. Unless otherwise notified in writing, the Air Compressor shall be deemed accepted following the end of the 30-day testing and instruction period. City's issuance of notification of conditions, circumstances or other factors which make the City unwilling to accept the Air Compressor shall toll, the expiration of the 30-day testing and instruction period as to all Air Compressor.

Section 6. WARRANTIES
Exhibit 2 2)6

Multiquip shall extend to City all such warranties for the Air Compressor provided to Sourcewell under the Sourcewell RFP and Sourcewell Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section 3.34 of the Sourcewell RFP and Page 8 of the Sourcewell Contract.

Section 7. COMPENSATION
Compensation for Air Compressor. Multiquip shall sell and deliver the Air Compressor referenced in the Quotation at unit pricing that is no greater than the unit pricing provided to Sourcewell for identical equipment under the Sourcewell Documents. The foregoing notwithstanding, in no event may Multiquip's total aggregate compensation for the sale and delivery of the Air Compressor exceed the aggregate sum of TWENTY-FOUR THOUSAND THREE HUNDRED FORTY-TWO DOLLARS and FORTY CENTS ($24,342.40) (the "Not-to-Exceed Amount").

Section 8. PROHIBITED INTERESTS
Multiquip warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Multiquip, to solicit or secure this Agreement. Further, Multiquip warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Multiquip, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 9. INDEPENDENT CONTRACTOR
Multiquip will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of City and shall not and is not intended to create the relationship of partnership, joint venture or association between City and Multiquip.

Section 10. RECORDS AND INSPECTION
Multiquip shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. City shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. This right inspection shall not extend to the makeup of lump sum prices, day rates, or profit margins.

Section 11. CONFLICTS OF INTEREST
Exhibit 2 A 7

Multiquip hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with in connection with this project. Multiquip hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance, state law or federal statute. Multiquip agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that executes in connection with the performance of this Agreement.

Section 12. INDEMNIFICATION
Multiquip shall indemnify, defend and hold harmless the City, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action and to the same extent afforded the Sourcewell, Sourcewell's officials, commissioners, officers, agents, employees and volunteers.

Section 13. INSURANCE
Multiquip shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under Section G of the Sourcewell RFP.

Section 14. MUTUAL COOPERATION
A. City shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of Multiquip services.

B. In the event any claim or action is brought against City relating to Multiquip performance in connection with this Agreement, Multiquip shall render any reasonable assistance that City may require.

Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination. Multiquip may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City's termination of this Agreement for convenience, Multiquip shall be compensated for such Air Compressor delivered to and accepted by City and for such services performed up to the effective date of the termination.

Exhibit 2 Y18

B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 15(C) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) Multiquip's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) Multiquip's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Multiquip, whether voluntary of involuntary; (iv) Multiquip's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) City's discovery that a statement representation or warranty by relating to this Agreement is false or erroneous in any material respect.

C. Multiquip shall cure the following Events of Defaults within the following time periods-

1. Within ten (10) calendar days of City's issuance of a Default Notice for any failure to timely provide City or its agents with any information and/or written reports, documentation or work product which Multiquip is obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10-day cure period, Multiquip may submit a written request for additional time to cure the Event of Default upon a showing that it has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 10-day cure period; or

2. Within fifteen (15) calendar days of City's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 15-day cure period, may submit a written request for additional time to cure the Event of Default upon a showing that has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, City Exhibit 2 A 9

shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds fifteen (15) calendar days from the end of the initial 15-day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in the Air Compressor specifications that is not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.

D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within forty-five (45) calendar days of Multiquip's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period.

The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to shall be cured by City within thirty (30) calendar days from the date of Multiquip's Default Notice to City.

E. City, in its sole and absolute discretion, may also immediately suspend Multiquip's performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Multiquip's cure of any Event of Default by giving written notice of City's intent to suspend Multiquip's performance (hereinafter, a "Suspension Notice"). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Multiquip shall be compensated only for those services and tasks which have been rendered by to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.

F. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

Exhibit 2 AO

1. Upon written notice to Multiquip, the City may immediately terminate this Agreement in whole or in part;

2. Upon written notice to Multiquip, the City may extend the time of performance;

3. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Multiquip's breach of the Agreement, obtain specific performance from Multiquip or to terminate the Agreement; or

4. The City may exercise any other available and lawful right or remedy.

H. In the event City is in breach of this Agreement, Multiquip's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to under this Agreement for completed services and tasks. In no event shall Multiquip be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.

I. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

Section 16. FORCE MAJEURE
Multiquip shall not be liable for any failure to perform if presents acceptable evidence, in City's reasonable judgment, that such failure was due to causes beyond the control and without the fault or negligence of Multiquip. In the event that a FORCE MAJEURE event materially increases the Multiquip's costs of performance hereunder then City shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by Multiquip's insurances.

Section 17. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a)the day of delivery if delivered by hand or overnight courier service during Multiquip and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to MULTIQUIP:

City of Bell Gardens Multiquip
7100 S. Garfield Avenue 6141 Katella Ave., ste 200
Bell Gardens, CA 90201 Cypress, CA 90630
Exhibit 2 �91

Attn: Grissel Chavez, Director of Public Larry Savitz, Director of Government Sales Works Phone: (800) 421-1244
Section 18. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

Section 19. PROHIBITION AGAINST ASSIGNMENT
Multiquip shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, which shall not be unreasonably withheld or delayed and any attempt to do so shall be void and of no effect.

City shall not be obligated or liable under this Agreement to any party other than Multiquip.

Section 20. ATTORNEY FEES
In the event that City or Multiquip commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.

Section 21. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between City and Multiquip with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both City and Multiquip.

Section 22. GOVERNING LAW; JURISDICTION
This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Exhibit 2 :ffi

Section 23. SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Section 24. AMENDMENT; MODIFICATION
No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid
Section 25. CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

Section 26. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority.

Section 27. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

Section 28. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Exhibit 2 :2L3

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

CITY OF BELL GARDENS MULTIQUIP, INC.

By: By:

Michael B. O'Kelly, City Manager
Date: Date:

Approved as to form-
By-
Rick Olivarez, City Attorney
Exhibit 2 :a4

EXHIBIT "A"

QUOTATION
MW�11011i F INC Quotation
HLIA AVE SIAM 201D
S CA 010630
.1
11N-4 I IV�MP 3700 FAX 3ifiS'Er MAZY
paw o 1 of —1
CASH,MIQ Docmmant information
Clay of Bell Gardens
Bell Garderis CA 90201-3293, Quotation, # 20830854 QT Date Hit 112022 P.O Date
Esfimaited Shlip OW16 2022
Requested Shlip 08111 12022
Carrier No 18643 Best Way
Entered by DMARSII
Order Reason R22 ORDR-Sourceells
Cuirrency USD
CASH MIQ Deflvery PIPS PrapaylChrq SPL. Fri (it nrts) GO:y 01 Belll Gald'ems Payment Terms Not 30
Bell Gardenis CA 90201-3293, Withrri 36, days wrtfrout deduction m M M M M M M M M: M M M M: M M & M M & M M
Avaitabillity is subject to stock on hamid ait the tims purchase ordar is, received.

Quote is valld for 30 days fromn issue dam,
Item Material Plant B.10 Ordbir Qty To Price EA Net Ptice EA Total Value DvD D1S185SS14F A 212 1 1.000 25,580 06, 20,464.00 20,464.00 ISS cfm A... cmnpEessor
D02D EE432,54 A 212 1 1.000 120 00 96.00 96.00 o i i p.'.a L 2" B a I... I zhxu 225
Items, lotai 20,56,000
FrWght (Unifis) 1,675 00
Taxable amoumit 20,56,000
Staite/GST Tax 1,2,'13 60
LocaV'PST Tax 51 40
Local 'Tax 154 2�O
Local 'Tax 668 20
Total amounit ;4
Quote valid fcYr 36, iDays
Sour,cowell rmernber # 04212
Multrquip coritract 0417,ifi-Ni'm
Freight cost added to Bell Gaiderrs
Gurimni freight diarge rs a estrmate only Actual freiglM charges will be deterralned gat ti a time of shipmeni Warranty
Air Compressois 2 -Mars or 2000 hours oarls and labor (owhichiever ;curs f1rGQ Air end onily.. . .............. ..... . 3 years or 3000 hours parts artul tabw (wiiichever occurs first) Exhibit 2 :i�5

EXHIBIT "B"

SOURCEWELL DOCUMENTS
Exhibit 2 :ffi

11,14"1
S j J"c e mf el
ly NP'A
Sourcewellsm
Formerly the National Joint Powers Alliance(NJPA)

REQUEST FOR PROPOSAL
for the procurement of

PORTABLE CONSTRUCTION

EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS
RFP Opening
�April 18,
8, 2019
8:30 a.m. Central Time
At the offices of Sourcewell
202 12 Ill Street Northeast, Staples, NIN 56479
RFP #041719
Sourcewell, formerly the National Joint Powers Alliance® (NJPA), on behalf of Sourcewell and its current and potential member agencies,which includes all governmental,higher education, K-12 education,not-for-profit,tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of 4041719 PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS. Details of this RFP are available beginning February 28, 2019. Details may be obtained by letter of request to Greg Grunig, Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at [email protected]. Proposals will be received until April 17, 2019 at 4:30 p.m.

Central Time at the above address and opened April 18, 2019 at 8:30 a.m. Central Time.

RFP Timeline
February 28,2019 pubficatkin 1:111, Jt III P in the print and online version of UVA Today,in the print and online version of the,Vaft Lake Ne",s within the State of Utah, in the print and online version of the Daily Journal qf Commerce within the State of Oregon(note: OR entities this pertains to: www.sourcewell- mn.gov/compliance-legal/oregon-advei-tising and also RFP Appendix B),in the print and online version of The kate within the State of South Carolina,the Sourcewell we site,MERX, PubliePurchase.com,Biddingo,and Onvia.

April 4,2019 (the webeast/conference call). The connection information will be sent to 10:00 am. CT all inquirers two business days before the conference.

April 10,2019 f)111nadfiniin fcir [?IVp
April 17,2019 f)111nadfinii,fcir Su 111111111 issicin 1111,Ill: rcipcis is Late responses will be returned unopened. 4:30 p.m. CT
April 18,2019 Pu 111k:0111111 lfinpJ"'cill,IlJ I n ill Jill is°'l I s, 8:30 a.m. CT
Direct questions regarding this RFP to: Greg Grunig at Lyremgyruni gy(c_�sourcewell-mn.gov or 218-895-4189.

Exhibit 2 227 1

TM34JE
1)Ft]NY1]0N`,,; E. Cost Comparison
A. Contract F. Marketing Plan
B. Proposer G. Certificate Of Insurance
C. Sourced Good of Open Market Item H. Order Process and/or Funds Flow D. Vendor I. Administrative Fees
J. Value Added
2, K. Waiver of Formalities
'7, 011EPAT (If
A. About Sourcewell A. Subsequent Agreements B. Joint Exercise of Powers Laws B. Sourcewell Member Sign-up Procedure C. Why Respond to a National Cooperative C. Reporting of Sales Activity Procurement Contract D. Audits
D. The Intent of This RFP E. Hub Partner
E. Scope of This RFP F. Trade-Ins
F. Expectations for Equipment/Products G. Out of Stock Notification and Services Being Proposed H. Termination of a Contract resulting from G. Solutions Based Solicitation this RFP
F011, YOUP
1111,0110",;M1, A. Advertising a Contract Resulting From A. Inquiry Period This RFP
B. Pre-Proposal Conference B. Applicable Law C. Identification of Key Personnel C. Assignment of Contract D. Proposer's Exceptions to Terms and D. List of Proposers Conditions E. Captions,Headings, and Illustrations E. Proposal Format F. Data Practices
F. Questions &Answers About This RFP G. Entire Agreement G. Modification or Withdrawal of a H. Force Majeure Submitted Proposal I. Licenses
H. Proposal Opening Procedure J. Material Suppliers and Sub-Contractors

1. Sourcewell's Rights Reserved K. Non-Wavier of Rights L. Protests of Awards Made
1111,110Nff M. Suspension or Disbarment Status (
A. Line-Item Pricing N. Affirmative Action and Immigration B. Percentage Discount From Catalog or Status Certification Category O. Severability
C. Cost Plus a Percentage of Cost P. Relationship of Parties D. Hot List Pricing Q. Provisions for Non-Federal Entity E. Ceiling Price Procurements under Federal Awards or F. Volume Price Discounts/ Other Awards
Additional Quantities 9, 10 1 N4
G. Total Cost of Acquisition
H. Sourced Equipment/Products/ 0, 11P11 `,,;U13Nfl`,,;`d0N Open Market Items

1. Price and Product Changes 1111,11CF, 1111,01)UCT (flANCfF1 J. Payment Terms F0 P N4
K. Sales Tax 2, A1111FINMX A
L. Shipping A1111FINMX 13 I M, OP, UT, "�'vA F'1"A P A] F'
FVM.,UA'1]0N 0F1111,0110`,;M_`,; A'H A CI V N4 FNI A. Proposal Evaluation Process A1111FINMX C VA llohtic,,,�l B. Proposer Responsiveness F'1"A P A] F' A] A CI 1�4 F'N] C. Proposal Evaluation Criteria A1111FINMX 1) FFIN4A D. Other Consideration F'1"A P A] F' A] A CI V N4 F'N] Exhibit 2 228 2

A. CONTRACT
Contract means this RFP, current pricing information, fully executed Forms C, D, F, & P from the Proposer's response pursuant to this RFP, and a fully executed Form E ("Acceptance and Award") with final terms and conditions.Form E will be executed after a formal award and will provide final clarification of terms and conditions of the award.
.PROPOSER
A Proposer is a company, person, or entity delivering a timely response to this RFP. This RFP may also use the terms "respondent" or "proposed Vendor," which is interchangeable with Proposer as the context allows.

C. SOURCED GOOD or OPEN MARKET ITEM
A Sourced Good or Open Market Item is a product within the RFP's scope 1)that is not currently available under the Vendor's Sourcewell contract, 2) that a member wants to buy under contract from an awarded Vendor, and 3)that is generally deemed incidental to the total transaction or purchase of contract items.

D. VENDOR
A Proposer whose response has been awarded a contract pursuant to this RFP.

Exhibit 2 229 3

' U, IU,;V,i 11:`wU;IU,U, I°" 1 ail: V,iU,^1
2_1 Sourcewell advertises this solicitation: 1) in the hard copy print and online editions of the USA Today; 2) once each in Oregon's Daily Journal of Commerce, South Carolina's The State and Utah's Salt Lake Tribune; 3) on Sourcewell's website; and 4) on other third-parry websites deemed appropriate by Sourcewell. Other third-party advertisers may include Onvia, PublicPurchase.com, MERX, and Biddingo. 2_2 Sourcewell also notifies and provides solicitation documentation to each state-level procurement departments for possible re-posting of the solicitation within their systems and at their option for future use and to meet specific state requirements.
ll I°"�� 1"iiF 11iJ 1l°"�d
A. ABOUT SOU CEWELL
3_1 Sourcewell, formerly the National Joint Powers Alliance® (NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations.
3_2 Under the authority of Minnesota state laws and enabling legislation, Sourcewell facilitates a competitive solicitation and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which Sourcewell Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws.

A complete listing of Sourcewell cooperative procurement contracts can be found at www.sourcewell- mn. ov.
3_3 Sourcewell is a public agency governed by publicly elected officials that serve as the Sourcewell Board of Directors. Sourcewell's Board of Directors oversees and authorizes the calls for all new proposals and holds those resulting Contracts for the benefit of its own and its Members use. 3_4 Sourcewell currently serves over 50,000 member agencies nationally. Both membership and utilization of Sourcewell contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally.

B. JOINT EXERCISE OF POWERS LAWS
3_5 Sourcewell cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other states and Canadian provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states "Two or more governmental units...may jointly or cooperatively exercise any power common to the contracting parties..." This Minnesota Statute allows Sourcewell to serve Member agencies located in all other states. Municipal agencies nationally can participate in cooperative purchasing activities under their own state law. These laws can be found on our website at www.sourcewell-mn.gov/compliancg:legal .

3.5.1 For Members within the Commonwealth of Virginia, this RFP is intended to be a "joint procurement agreement" as described in Vir. Code § 2.2-4304(A), and those Virginia Members identified in Appendix C may agree to be a Joint Purchaser under this RFP.

3.5.2 For Members within Canada,this RFP is intended to include municipalities and publicly- funded academic institutions, schools boards, health authorities, and social services (MASH Exhibit 2 230 4

sectors). In addition this RFP is intended to include current and potential Members of the Rural Municipalities of Alberta(RMA), and their represented Associations (SARM, SUMA and AMM).

C.WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 3_6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways:

3.6.1 National cooperative contracts potentially save time and effort for municipal and public agencies, who otherwise would have to solicit vendor responses to individual RFPs, resulting in individual contracts,to meet the procurement needs of their respective agencies.Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs. A single, nationally advertised RFP, resulting in a single, national cooperative contract can potentially replace thousands of individual RFPs for the same equipment/products/services that might have been otherwise advertised by individual Sourcewell member agencies.

3.6.2 Sourcewell contracts offer our Members nationally leveraged volume purchasing discounts.

Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 3_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices,better overall value, and considerable time savings. 3_8 The collective purchasing power of thousands of Sourcewell Member agencies nationwide offers the opportunity for volume pricing discounts.Although no sales or sales volume is guaranteed by a Sourcewell Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified.
3_9 Sourcewell and its Members desire the best value for their procurement dollar as well as a competitive price. Vendors have the opportunity to display and highlight value-added attributes of their company, equipment/products and services without constraints of atypical individual proposal process.

D. THE INTENT OF THIS RFP

3.10. National contract awarded by Sourcewell: Sourcewell seeks the most responsive and responsible Vendor relationship(s)to reflect the best interests of Sourcewell and its Member agencies. Through a competitive proposal and evaluation process,the Sourcewell Proposal Evaluation Committee recommends vendors for a national contract awarded by the action of the Sourcewell Chief Procurement Officer. Sourcewell's primary intent is to establish and provide a national cooperative procurement contract that offer opportunities for Sourcewell and our current and potential Member agencies throughout the United States and Canada to procure quality product/equipment and services as desired and needed. The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s) and Sourcewell. Contracts are expected to offer price levels reflective of the potential and collective volume of Sourcewell and the nationally established Sourcewell membership base.

3.11 Beyond our primary intent, Sourcewell further desires to:

3.11.1 Award a four-year contract with a fifth-year contract option resulting from this RFP. Any fifth-year extension is exercised at Sourcewell's discretion and results from Sourcewell's contracting needs or from Member requests; this extension is not intended merely to accommodate an awarded Vendor's request. If Sourcewell grants a fifth-year extension, it may also terminate the contract(or cause it to expire) within the fifth year if the extended Exhibit 2 231 5

contract is replaced by a resolicited or newly solicited contract. In exigent circumstances, Sourcewell may petition Sourcewell's Board of Directors to extend the contract term beyond five years. This rarely used procedure should be employed only to avoid a gap in contract coverage while a replacement contract is being solicited;

3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP;

3.11.3 Deliver "Value Added" aspects of the company, equipment/products and services as defined in the "Proposer's Response";

3.11.4 Deliver a wide spectrum of solutions to meet the needs and requirements of Sourcewell and Sourcewell Member agencies; and

3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the best interest of Sourcewell and the Sourcewell Member agencies.

3.12 Exclusive or Multiple Awards: Based on the scope of this RFP and on the responses received, Sourcewell may award either an exclusive contract or multiple contracts. In some circumstances, a single national supplier may best meet the needs of Sourcewell Members; in other situations, multiple vendors may be in the best interests of Sourcewell and the Sourcewell Members and preferred by Sourcewell to provide the widest array of solutions to meet the member agency's needs. Sourcewell retains sole discretion to determine which approach is in the best interests of Sourcewell Member agencies.

3.13 Non-Manufacturer Awards: Sourcewell reserves the right to make an award under this RFP to a non-manufacturer or dealer/distributor if such action is in the best interests of Sourcewell and its Members.

3.14 Manufacturer as a Proposer: If the Proposer is a manufacturer or wholesale distributor,the response received will be evaluated on the basis of a response made in conjunction with that manufacturer's authorized dealer network. Unless stated otherwise, a manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their dealer network where that dealer network is informed of, and authorized to accept,purchase orders pursuant to any Contract resulting from this RFP on behalf of the manufacturer or wholesale distributor Proposer.Any such dealer will be considered a sub-contractor of the Proposer/Vendor. The relationship between the manufacturer and wholesale distributor Proposer and its dealer network may be proposed at the time of the submission if that fact is properly identified.

3.15 Dealer/Reseller as a Proposer: If the Proposer is a dealer or reseller of the products and/or services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services from their manufacturer. When requested by Sourcewell, Proposers must document their authority to offer those products and/or services.

E. SCOPE OF THIS RFP

3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of Sourcewell and its Member agencies nationally within the scope of PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS.

3.17 Additional Scope Definitions: In addition to PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS,,this solicitation should be read to include,but not to be limited to:

Exhibit 2 232 6

3.17.1 Hydraulic or pneumatic tools that may be transported a short distance by hand with reasonable effort.

3.17.2 Portable: air compressors; light towers; generators; welders; pressure washers; aerial equipment(scissor lifts/manlifts) and pumps (less than 30 HP)

3.17.3 Sourcewell reserves the right to limit the scope of this solicitation for Sourcewell and current and potential Sourcewell member agencies.

3.17.3.1 This solicitation should NOT be construed to include any of the following:
a. Construction services
b. Stationary Generators
c. Equipment accessory, attachment and supply only solutions, or d. Vendors whose primary business is covered under categories included in the following Sourcewell RFPs:
i. Heavy Construction Equipment With Related Accessories, Attachments, and Supplies (See Sourcewell RFP 4032119)
ii. Trailers with Related Equipment,Accessories, and Services (See Sourcewell RFP 4121918)
In. Public Utility Equipment with Related Accessories and Supplies (See Sourcewell 4012418)
iv. Grounds Maintenance Equipment,Attachments,Accessories, and Related Services (See Sourcewell RFP 4062117)
V. Roadway Maintenance Equipment with Related Accessories, Attachments,Materials, and Supplies (See Sourcewell RFP 4052417) vi. Forklifts, Lift Trucks, and Related Material Handling Equipment, Attachments, Accessories, and Services (See Sourcewell RFP 4101816)
vii. Medium Duty and Compact Construction Equipment with Attachments,Accessories, and Supplies (See Sourcewell RFP 4 040319)

3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a "Scope of Proposal,"please consider the validity of an inverse statement.

3.18.1 For example, pencils and post-it-notes can generally be classified as office supplies and office supplies generally include pencils and post-it-notes.

3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure.

3.18.3 In conclusion: With this in mind, individual products and services must be examined individually by Sourcewell, from time to time and in its sole discretion,to determine their compliance and fall within the original "Scope"as intended by Sourcewell.

3.19 Best and Most Responsive—Responsible Proposer:It is the intent of Sourcewell to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of Sourcewell and Sourcewell Members, provided the Proposer's Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of Sourcewell and Sourcewell member agencies; demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and possess the willingness and ability to distribute, Exhibit 2 233 7

market to and service Sourcewell Members in all 50 states are preferred. Sourcewell requests proposers submit their entire line of products and services as it applies and relates to the scope of this RFP.

3.20 Sealed Proposals: Sourcewell will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law.

Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to Sourcewell and its current or qualifying future Sourcewell Member agencies.

3.21 Use of Contract:Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of Sourcewell and its Members. Sourcewell and/or its members reserve the right to obtain like equipment/products and services solely from this contract or from another contract source of their choice or from a contract resulting from their own procurement process.

3.22 Awarded Vendor's interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to Sourcewell, and current and potential Sourcewell Members, only those products/equipment and services specifically awarded on their Sourcewell Awarded Contract(s). Awarded Vendors may not offer as "contract compliant,"products/equipment and services which are not specifically identified and priced in their Sourcewell Awarded Contract.

3.23 Sole Source of Responsibility- Sourcewell desires a "Sole Source of Responsibility" Vendor. This means that the Vendor will take sole responsibility for the performance of delivered equipment/products/ services. Sourcewell also desires sole responsibility with regard to:

3.23.1 Scope of Equipment/Products/Services: Sourcewell desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and potential Members.

3.23.2 Vendor use of sub-contractors in sourcing or delivering equipment/product/services:

Sourcewell desires a single source of responsibility for equipment/products and services proposed.

Proposers are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the equipment/products/services being proposed. Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub-Contractor. Suggested Solutions Options include:

3.23.3 Multiple solutions to the needs of Sourcewell and Sourcewell Members are possible.

Examples could include:

3.23.3.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be appropriate for situations where Sourcewell or Sourcewell Members possess the ability, either in-house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed.

3.23.3.2 Turn-Key Solutions: A Turn-Key Solution is a combination of equipment/products and services that provides a single price for equipment/products, delivery,and installation to a properly operating status. Generally this is the most desirable solution because Sourcewell and Sourcewell Members may not possess, or desire to engage,personnel with the necessary expertise to complete these tasks internally or through other independent contractors.

Exhibit 2 234 8

3.23.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers may offer the choice "of good, better, best" multiple-grade solutions to meet Sourcewell Members' needs.

3.23.3.4 Proven — Accepted — Leading-Edge Technology: Where appropriate and properly identified, Proposers may provide a spectrum of technology solutions to complement or enhance the proposed solutions to meet Sourcewell Members' needs.

3.23.4 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of Sourcewell and its Members within the scope of this RFP. Sourcewell prefers Proposers submit their complete product line of products and services described in the scope of this RFP. Sourcewell reserves the right to reject individual,or groupings of specific equipment/products and services proposals as a part of the award.

3.24 Geographic Area to be Proposed: This RFP invites proposals to provide PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS to Sourcewell and Sourcewell Members throughout the entire United States and possibly internationally.

Proposers will be expected to express willingness to explore service to Sourcewell Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non-award.

The ability and willingness to serve Canada, for instance,will be viewed as a value-added attribute.

3.25 Contract Term: At Sourcewell's option, a Contract resulting from this RFP will become effective either on the date awarded by the Sourcewell Executive Director and Chief Procurement Officer or on the day following the expiration date of an existing Sourcewell procurement contract for the same or similar product/equipment and services.

3.25.1 Sourcewell is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term is expected. However, one additional one-year renewal/extension may be offered by Sourcewell to Vendor beyond the original four year term if Sourcewell deems such action to be in the best interests of Sourcewell and its Members. Sourcewell reserves the right to conduct periodic business reviews throughout the term of the contract.

3.26 Minimum Contract Value: Sourcewell anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. Sourcewell does not guarantee usage. Usage will depend on the actual needs of the Sourcewell Members and the value of the awarded contract.

3.27 [This section is intentionally blank.]

3.28 Contract Availability: This Contract must be available to all current and potential Sourcewell Members who choose to utilize this Sourcewell Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally.

3.28.1 With respect to Members within the Commonwealth of Virginia, this RFP is intended to be a "joint procurement agreement" as described in Vir. Code § 2.2-4304(A), and those Virginia Members identified in Appendix C must be allowed to use this Contract as a Joint Purchaser.

3.28.2 For Members within Canada,this RFP is intended to include municipalities and publicly- funded academic institutions, schools boards, health authorities, and social services (MASH sectors). In addition this RFP is intended to include current and potential Members of the Rural Municipalities of Alberta(RMA), and their represented Associations (SARM, SUMA and AMM).

3.29 Proposer's Commitment Period: In order to allow Sourcewell the opportunity to evaluate each proposal thoroughly, Sourcewell requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals are opened.

Exhibit 2 235 9

F. EXPECTATIONS FOR U ENT/P O UC S AND SERVICES BEING PROPOSED

3.30 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services and accessories, and their warranties and assurances are required to meet and/or exceed all current,traditional and anticipated standards,needs, expectations, and requirements of Sourcewell and its Members.

3.30.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal.

3.30.2 Technical Descriptions/Specifications.Excessive technical descriptions and specifications that unduly enlarge the proposal response may cause Sourcewell to reduce the evaluation points awarded on Form G. Proposers must supply sufficient information to:

3.30.2.1 demonstrate the Proposer's knowledge of industry standards and Member agency needs and expectations;

3.30.2.2 Identify the equipment/products and services being proposed as applicable to the needs and expectations of Sourcewell Member agencies; and

3.30.2.3 differentiate equipment/products and services from other industry manufacturers and providers.

3.31 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer's "Hot List"described herein.

3.32 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes.

3.33 Delivered and operational: Products/equipment offered herein are to be proposed based upon being delivered and operational at the Sourcewell Member's site. Exceptions to"delivered and operational"must be clearly disclosed in the "Total Cost of Acquisition"section of the proposal.

3.34 Warranty: The Proposer warrants that all products,equipment,supplies,and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the warranty will be passed on to the Sourcewell member. Failure to submit a minimum warranty may result in non-award.

3.35 Additional Warrants: The Proposer warrants that all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended.

Exhibit 2 23610

G. SOLUTIONS-BASED SOLICITATION

3.36 The Sourcewell solicitation and contract award process is not based on detailed specifications.Instead, this RFP is a"Solutions-Based Solicitation." Sourcewell expects respondents to understand and anticipate the current and future needs of Sourcewell and its members—within the scope of this RFP—and to propose solutions that are commonly desired or required by law or industry standards. Proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of Sourcewell and our member agencies within the defined scope of this RFP.

3.37 While Sourcewell does not typically provide product and service specifications,the RFP may contain scope refinements and industry-specific questions. Where specific items are specified,those items should be considered the minimum required, which the proposal can exceed in order to meet Members' needs.

Sourcewell may award all of the respondent's proposal or may limit the award to a subset of the proposal. llla��i�ti, iiIV1��:' � EI°��d"w �,,(M, H?jEPAi?jH'1,v1 Y0�11.4i Ha�'�ii1�'�i ,AL A. INQUIRY PERIOD
4_1 The inquiry period begins on the date of first advertisement and continues until to the Deadline for Submission." RFP packages will be distributed to potential Vendors during the inquiry period.

B. PRE-PROPOSAL CONFERENCE
4_2 A pre-proposal conference will be held at the date and time specified in the timeline on page one of this RFP.Conference information will be sent to all potential Proposers,and attendance is optional.The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell's competitive contracting process. Only answers issued by written addendum by Sourcewell to questions asked before the deadline for questions are binding on the parties to an awarded contract.

C. IDENTIFICATION OF KEY PERSONNEL
4_3 Awarded Vendors will designate one senior staff member to represent the Vendor to Sourcewell. This contact person will correspond with members for technical assistance,questions,or concerns that may arise, including instructions regarding different contacts for different geographical areas or product lines. 4_4 These designated individuals should also act as the primary contact for marketing, sales, and any other area deemed essential by the Proposer and Sourcewell.

D. O OSE 'S EXCEPTIONS TO TERMS AND CONDITIONS
4_5 Any exceptions, deviations,or contingencies regarding this RFP that a Proposer requests must be documented on Form C, Exceptions To Proposal, Terms, Conditions And Solutions Request. 4_6 Exceptions,deviations or contingencies requested in the Proposer's response,while possibly necessary in the view of the Proposer,may result in lower scoring or disqualification of a proposal.

E. PROPOSAL FORMAT
4_7 All Proposers must examine the entire RFP package to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal. 4_8 All proposals must be properly labeled and sent to "Sourcewell, 202 12th Street NE Staples, MN 56479."
Exhibit 2 23711

4_9 All proposals must be physically delivered to Sourcewell at the above address with all required hard copy documents and signature forms/pages inserted as loose pages at the front of the Vendor's response.

The proposal must include these items.

4.9.1 Hard copy original of completed, signed, and dated Forms C, D, F; hard copy of the signed signature-page only from Forms A and P from this RFP;

4.9.2 Signed hard copies of all addenda issued for the RFP;

4.9.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP; and

4.9.4 A complete copy of your response on a flash drive(or other approved electronic means). The electronic copy must contain completed Forms A, B, C, D, F, and P, your statement of products and pricing (including apparent discount), and all appropriate attachments. In order to ensure that your full response is evaluated, you must provide an electronic version of any material that you provide in a hard copy format.

As a public agency, Sourcewell's proposals,responses,and awarded contracts are a matter of public record,except for such data that is classified as nonpublic.Accordingly,public data is available for review through a properly submitted public records request. To redact nonpublic information from your proposal (under Minnesota Statute §13.37), you must make your request within thirty (30) days of the contract award or non-award date.

4.10 All Proposal forms must be submitted in English and must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures.

4.11 Proposal submissions should be submitted using the electronic forms provided. Proposers that use alternative documents are responsible for ensuring that the content is substantially similar to the Sourcewell form and that the document is readable by Sourcewell.

4.12 The Proposer must ensure that the proposal is in the physical possession of Sourcewell before the submission deadline.

4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to Sourcewell and prominently identifying the proposal number,proposal category name,the message "Hold for Proposal Opening," and the deadline for proposal submission. Sourcewell is not responsible for untimely proposals. Proposals received by the deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read.

4.13 Proposers are responsible for checking directly on the Sourcewell website for any addendums to this RFP. Addendums to this RFP can change the terms and conditions of the RFP, including the proposal submission deadline.

F. QUESTIONS AND ANSWERS ABOUT THIS

4.14 Upon examination of this RFP document, Proposers should promptly notify Sourcewell of any ambiguity,inconsistency,or error they may discover. Interpretations, corrections,and changes to this RFP will be considered by Sourcewell through a written addendum. Interpretations, corrections, or changes that are made in any other manner are not binding, and Proposers must not rely on them.

4.15 Submit all questions about this RFP, in writing, referencing PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS to Greg Grunig at Sourcewell, 202 12th Street NE, Staples,MN 56479 or to [email protected] may also call Greg Grunig at 218-895-4189. Sourcewell urges potential Proposers to communicate all concerns well in advance of the submission deadline to avoid misunderstandings. Questions received within seven (7) days before the Exhibit 2 23812

submission deadline generally cannot be answered. Sourcewell may, however, field purely procedural questions, questions about Sourcewell-issued addenda, or questions involving a Proposer withdrawing its response before the RFP submission deadline.

4.16 If Sourcewell deems that its answer to a question has a material impact on other potential Proposers or on the RFP itself, Sourcewell will create an addendum to this RFP.

4.17 If Sourcewell deems that its answer to a question merely clarifies the existing terms and conditions and does not have a material impact on other potential Proposers or the RFP itself,no further documentation of that question is required.

4.18 Addenda are written instruments issued by Sourcewell that modify or interpret the RFP. All addenda issued by Sourcewell become a part of the RFP.Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. Sourcewell accepts no liability in connection with the delivery of any addenda. Copies of addenda will also be made available on the Sourcewell website at www.sourcewell-mn.gov (under"Solicitations") and from the Sourcewell offices. All Proposers must acknowledge their receipt of all addenda in their proposal response.

4.19 Any amendment to a submitted proposal must be in writing and must be delivered to Sourcewell by the RFP submission deadline.

4.20 through 4.21 [These sections are intentionally blank.] G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED O OSAL

4.22 A submitted proposal must not be modified,withdrawn,or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. Before the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the Sourcewell Procurement Manager. Such notice must be submitted in writing and must include the signature of the Proposer. The notice must be delivered to Sourcewell before the deadline for submission of proposals and must be so worded as not to reveal the content of the original proposal. The original proposal will not be physically returned to the potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they fully conform with the proposal instructions.

H. PROPOSAL OPENING PROCEDURE

4.23 Sealed and properly identified responses for this RFP entitled PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS will be received by Chris Robinson, Procurement Manager, at Sourcewell Offices, 202 12th Street NE, Staples, MN 56479 until the deadline identified on page one of this RFP. All Proposal responses must be submitted in a sealed package.

The outside of the package must plainly identify PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS and the RFP number. To avoid premature opening, the Proposer must label the Proposal response properly. Sourcewell documents the receipt of proposals by immediately time- and date-stamping them. At the time of the public opening, the Sourcewell Director of Procurement or a representative from the Sourcewell Proposal Evaluation Committee will read the Proposer's names aloud and will determine whether each submission has met Level-1 responsiveness.

1. SOU C W LL'S RIGHTS RESERVED

4.24 Sourcewell may exercise the following rights with regard to the RFP.

4.24.1 Reject any and all proposals received in response to this RFP;

4.24.2 Disqualify any Proposer whose conduct or proposal fails to conform to the requirements of this RFP;
Exhibit 2 23913

4.24.3 Duplicate without limitation all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the proposal;

4.24.4 Consider and accept for evaluation a late modification of a proposal if 1)the proposal itself was submitted on time, 2)the modifications were requested by Sourcewell, and 3)the modifications make the terms of the proposal more favorable to Sourcewell or its members;

4.24.5 Waive any non-material deviations from the requirements and procedures of this RFP;

4.24.6 Extend the Contract, in increments determined by Sourcewell, not to exceed a total Contract term of five years;

4.24.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to Sourcewell;

4.24.8 Correct or amend the RFP at any time with no cost or penalty to Sourcewell. If Sourcewell corrects or amends any segment of the RFP after submission of proposals and before the announcement of the awarded Vendor,all proposers will be afforded a reasonable opportunity to revise their proposals in order to accommodate the RFP amendment and the new submission dates. Sourcewell will not be liable for any errors in the RFP or other responses related to the RFP; and

4.24.9 Extend proposal due dates.
5_1 Sourcewell requests that potential Proposers respond to this RFP only if they are able to offer a wide array of products and services at lower prices and with better value than what they would ordinarily offer to a single government agency,a school district, or a regional cooperative. 5_2 This RFP requests pricing for an indefinite quantity of products or related services with potential national sales distribution and service.While most RFP categories represent significant sales opportunities, Sourcewell makes no guarantees about the quantity of products or services that members will purchase.

The estimated annual value of this contract is $4 Million.) Vendors are expected to anticipate additional volume through potential government, educational, and not- for-profit agencies that would find value in a national contract awarded by Sourcewell. 5_3 Regardless of the payment method selected by Sourcewell or an Sourcewell member, the total cost associated with any purchase option of the products and services must always be disclosed in the proposal and at the time of purchase.
5_4 All proposers must submit"Primary Pricing"in the form of either"Line-Item Pricing,"or"Percentage Discount from Catalog Pricing,"or a combination of these pricing strategies. Proposers are also encouraged to offer optional pricing strategies such as "Hot List," "Sourced Products," and "Volume Discounts," as well as financing options such as leasing. All pricing documents should include a clear effective date.

A. LINE-ITEM PRICING
5_5 Line-item pricing is a pricing format in which individual products or services are offered at specific Contract prices. Products or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing may offer the least amount of confusion, but Proposers with a large number of items may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and may increase the clarity of the contract pricing format.

Exhibit 2 24014

5_6 All line-item pricing items must be numbered,organized,sectioned(including SKUs,when applicable), and prepared to be easily understood by the Evaluation Committee and members. 5_7 Submit Line-Item Pricing items in an Excel spreadsheet format and include all appropriate identification information necessary to discern the line item from other line items in each Responder's proposal. 5_8 Line-item pricing must be submitted to Sourcewell in a searchable spreadsheet format(e.g.,Microsoft® Excel®)in order to facilitate quickly finding any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information that is typically found on an invoice or price quote for such product or services. 5_9 All products or services typically appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet, including any and all ancillary costs.

5.10 Proposers should provide both a published"List Price"as well as a"Proposed Contract Price"in their pricing matrix. Published List Price will be the standard "quantity of one" price currently available to government and educational customers, excluding cooperative and volume discounts.

B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY

5.11 This pricing model involves a specific percentage discount from a catalog or list price, defined as a published Manufacturer's Suggested Retail Price (MSRP)for the products or services being proposed.

5.12 Individualized percentage discounts can be applied to any number of defined product groupings.

5.13 A percentage discount from MSRP may be applied to all elements identified in MSRP, including all manufacturer options applicable to the products or services.

5.14 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be responsible for providing and maintaining current published MSRP with Sourcewell,and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP.

C. COST PLUS A PERCENTAGE OF COST

5.15 "Cost plus a percentage of cost" as a primary pricing mechanism is not desirable. It is, however, acceptable for pricing sourced goods or services.

D. ®T LIST PRICING

5.16 Where applicable, a Vendor may opt to offer a specific selection of products or services, defined as "Hot List"pricing, at greater discounts than those listed in the standard Contract pricing. All product and service pricing, including the Hot List Pricing, must be submitted electronically in a format that is acceptable to Sourcewell. Hot List pricing must be submitted in a line-item format. Products and services may be added or removed from the Hot List at any time through an Sourcewell Price and Product Change Form.

5.17 Hot List program and pricing may also be used to discount and liquidate close-out and discontinued products and services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all Sourcewell Members.

Exhibit 2 241 15

E. CEILING PRICE

5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed products or services be offered under this Contract at prices above this ceiling price without a specific request and approval by Sourcewell. Contract prices may be reduced at any time, for example, to reflect volume discounts or to meet the needs of an Sourcewell Member.

5.19 [This section is intentionally blank.]
F. VOLUME CE DISCOUNTS/ADDITIONAL UAN I IES

5.20 through 5.23 [These sections are intentionally blank.] G. TOTAL COST OF ACQUISITION

5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by Sourcewell Members to either the Proposer or a third party, is the cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end-user's location. For example, if you are proposing equipment/products FOB Proposer's dock,your proposal should reflect that the contract pricing does not provide for delivery beyond Proposer's dock, nor any set-up activities or costs associated with those delivery or set-up activities. Any additional costs for delivery and set-up should be clearly disclosed. In contrast, a proposal could state that there are no additional costs of acquisition if the product is delivered to and operational at the end-user's location.

H. SOURCED GOOD or OPEN MARKET ITEM

5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor's Sourcewell contract. This method of procurement can be satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract solution to meet our members'needs. Sourced items are generally deemed incidental to the total transaction or purchase of contract items.

5.26 Sourcewell or Sourcewell Members may request products, equipment, and related services that are within the related scope of this RFP, even if they are not included in an awarded Vendor's line-item price list or catalog. These items are known as Sourced Goods or Open Market Items.

5.27 An awarded Vendor may source such items to the extent that the items are identified as "Sourced Products/Equipment" or "Open Market Items" on any quotation issued in reference to an Sourcewell awarded contract,and that this information is provided to either Sourcewell or an Sourcewell Member.

Sourcewell is not responsible for determining whether a Sourced Good is an incidental portion of the overall purchase or whether a Member is able to consider a Sourced Good a purchase under a Sourcewell contract.

5.28 "Cost plus a percentage"pricing is an acceptable option in pricing of Sourced Goods.

I. PRODUCT&PRICE CHANGES

5.29 Awarded Vendors may request product or service changes, additions, or deletions at any time throughout the contract term. All requests must be made in written format by completing the Sourcewell Price and Product Change Request Form (located at the end of this RFP and on the Sourcewell website), signed by an authorized Vendor representative. All changes are subject to review and approval by Sourcewell. Submit your requests through email to your assigned Contract Manager and to [email protected].

Exhibit 2 24216

5.30 Sourcewell will determine whether the request is both within the scope of the original RFP and in the best interests of Sourcewell and Sourcewell Members.Approved Price and Product Change Request Forms will be returned to the Vendor contact through email.

5.31 The Vendor must 1)complete this change request form and individually list or attach all items subject to change, 2)provide a sufficiently detailed explanation and documentation for the change, and 3) include a compete restatement of pricing document in appropriate format(preferably Excel). The pricing document must identify all products and services being offered and must conform to the following Sourcewell product and price change naming convention: (Vendor Name) (Sourcewell Contract 4) (effective pricing date);for example, "COMPANY 012411-CPY effective 02-12-2016."

5.32 The new pricing restatement must include all products and services offered,even for those items whose pricing remains unchanged,and must include a new effective date on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing.

5.33 ADDITIONS. New products and related services may be added to a Contract resulting from this RFP at any time during that Contract term to the extent that those products and related services are within the scope of this RFP. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality.

5.34 DELETIONS. New products and related services may be deleted from a contract if an item is no longer available.

5.35 PRICE CHANGES. A Vendor may request pricing changes by providing reasonable justification for the change. For example, a request for a 3% increase in a product line that relies heavily on petroleum products may be reasonable if the raw cost of required petroleum products has increased substantially.

Conversely,a request for a 3%increase in prices based only on a 3%increase in a cost-of-living index may be considered unreasonable. Although Sourcewell is sensitive to the possibility of fluctuations in raw material costs, prospective Vendors should make every reasonable attempt to account for normal cost changes by proposing pricing that will be effective throughout the duration of the four-year Contract.

5.35.1 Price decreases: Sourcewell expects Vendors to propose their very best prices and anticipates price reductions that are due to advancement in technology and marketplace efficiencies.

5.35.2 Price increases: A Vendor must include reasonable documentation for price-increase requests, along with both current and proposed pricing. Appropriate documentation should be attached to the Price and Product Change Request Form, including letters from suppliers announcing price increases. Price increases must not exceed the industry standard.

5.36 through 5.37 [These sections are intentionally blank.]

5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP.

5.39 through 5.43 [These sections are intentionally blank.] K. SALES TAX

5.44 Sales and other taxes should not be included in the prices quoted. The Vendor will charge state and local sales and other applicable taxes on items for which a valid tax-exemption certification has not been provided. Each Sourcewell Member is responsible for providing verification of tax-exempt status to the Vendor. When ordering, Sourcewell Members must indicate that they are tax-exempt entities. Except as Exhibit 2 24317

set forth herein,no party is responsible for taxes imposed on another parry as a result of or arising from the transactions under a Contract resulting from this RFP.

L. SHIPPING

5.45 Shipping costs can constitute a significant portion of the overall cost of procurement. Consequently, significant weight will be given to the quality of a prospective Vendor's shipping program. Shipping charges should reasonably reflect the actual cost of shipping. Sourcewell understands that Vendors may use other shipping cost methods for simplicity or for transparency. But to the extent that shipping costs are determined to disproportionately increase a Vendor's profit, Sourcewell may reduce the points awarded in the "Pricing"criteria.

5.46 through 5.47 [These sections are intentionally blank.]

5.48 All shipping and restocking fees must be identified in the price program. Certain industries providing made-to-order products may not allow returns. Proposals will be evaluated not only on the actual costs of shipping, but on the relative flexibility extended to Sourcewell Members relating to restocking fees, shipping errors,customized shipping requirements,the process for rejecting damaged or delayed shipments, and similar subjects.

5.49 through 5.50 [These sections are intentionally blank.]

5.51 Delivered products must be properly packaged. Damaged products may be rejected. If the damage is not readily apparent at the time of delivery, the Vendor must permit the products to be returned within a reasonable time at no cost to Sourcewell or Sourcewell Members. Sourcewell and Sourcewell Members reserve the right to inspect the products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the products at the time of delivery.

5.52 The Vendor must deliver Contract-conforming products in each shipment and may not substitute products without the express approval from Sourcewell or the Sourcewell Member.

5.53 Sourcewell reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products that are not under Contract and described in its paper or electronic price lists or sourced upon request of any Member under this Contract. In the event of the delivery of nonconforming products,the Sourcewell Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming products with conforming products that are acceptable to the Sourcewell member.

5.54 Throughout the term of the Contract,Proposer agrees to pay for return shipment on products that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of the damaged products.
u,"y; UEVAL11JA11,01",vI
A. PROPOSAL EVALUATION PROCESS
6_1 The Sourcewell proposal evaluation committee will evaluate proposals received based on a 1,000 point evaluation system. The committee establishes both the evaluation criteria and designates the relative weight of each criterion by assigning possible scores for each category on Form G of this RFP. The committee may adjust the relative weight of the criteria for each RFP. (For example, if the "Warranty" criterion does not apply to a particular RFP,the points normally awarded under"Warranty"may be used to increase the number of potential points in another evaluation category or categories.)The"Pricing"criterion will contain at least a plurality of points for every RFP.

Exhibit 2 24418

6_2 Sourcewell uses a scoring system that gives primary importance to"Pricing."But pricing includes more than just the absolute lowest initial cost of purchasing, for example, a particular product. Other considerations include the total cost of the acquisition and whether the Proposer's offering represents the best value. The evaluation committee may consider such factors as life-cycle costs,total cost of ownership, quality, and the suitability of an offering in meeting Sourcewell Members' needs. Pricing points may be awarded based on pricing clarity and ease of use. Sourcewell may also award points based on whether a response contains exceptions, exclusions, or limitations of liabilities. 6_3 The Sourcewell Executive Director and Chief Procurement Officer will consider making awards to the selected Proposer(s) based on the recommendations of the proposal evaluation committee. To qualify for the final evaluation,a Proposer must have been deemed responsive as a result of the criteria set forth under "Proposer Responsiveness,"found just below.

B. PROPOSER S ONSIVENESS
6_4 All responses are evaluated for Level-One and Level-Two Responsiveness. If a response does not substantially conform to substantially all of the terms and conditions in the solicitation, or if it requires unreasonable exceptions, it may be considered nonresponsive. 6_5 All proposals must contain suitable responses to the questions in the proposal forms. The following requirements must be satisfied in order to meet Level-One Responsiveness, which is typically ascertained on the proposal opening date. If these standards are not met, your response may be disqualified as nonresponsive.
6_6 Level-One Responsiveness means that the response

6.6.1 is received before the deadline for submission or it will be returned unopened;

6.6.2 is properly addressed and identified as a sealed proposal with a specific RFP number and an opening date and time;

6.6.3 contains a pricing document(with apparent discounts)and all other forms fully completed, even if "not applicable"is the answer;

6.6.4 includes the original (hard copy) completed, dated, and signed RFP forms C, D, and F. In addition, the response must include the hard-copy signed signature page only from RFP Forms A and P and, if applicable, all signed addenda that have been issued in relation to this RFP;

6.6.5 contains an electronic (CD, flash drive, or other suitable)copy of the entire response; and 6_7 Level-Two Responsiveness (including whether the response is within the RFP's scope) is determined while evaluating the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance.Each item draws from multiple questions,and a Proposer's responses may affect scoring in multiple evaluation criteria. For example,the answers to Industry-Specific Questions may help determine scoring relative to a Proposer's marketplace success, ability to sell and service nationwide, and financial strength. Any questions not answered without an explanation will likely result in a loss of points and may lead to a nonaward if the proposal evaluation committee cannot effectively review your response.

C. PROPOSAL EVALUATION CRITERIA
6_8 Forms A and P include a series of questions that address the following categories:

Exhibit 2 24519

6.8.1 Company Information and Financial Strength

6.8.2 Industry Requirements and Marketplace Success

6.8.3 Ability to Sell and Deliver Service Nationwide

6.8.4 Marketing Plan

6.8.5 Other Cooperative Procurement Contracts

6.8.6 Value-Added Attributes

6.8.7 Payment Terms and Financing Options

6.8.8 Warranty

6.8.9 Equipment/Products/Services

6.8.10 Pricing and Delivery

6.8.11 Industry-Specific Questions
6_9 [This section is intentionally blank.]
D. OTHER CONSIDERATIONS

6.10 In evaluating RFP responses, Sourcewell has no obligation to consider information that is not provided in the Proposer's response. Sourcewell may, however, consider additional information outside the Proposer's response. This research may include such sources as the Proposer's website, industry publications, listed references, and user interviews.

6.11 Sourcewell may organize RFP responses into separate classes or subcategories,depending on the range of responses. For example, Sourcewell might receive numerous submissions for "Widgets and Related Products and Services."Sourcewell may organize these responses into subcategories,such as manufacturers of fully operational Widgets, manufacturers of component parts for Widgets, and providers of parts and service for Widgets. Sourcewell reserves the right to award Proposers in some or all of such subcategories without regard to the evaluation score given to Proposers in another subcategory. This specifically allows Sourcewell to award Vendors that might not have, for instance, the breadth of products of Proposers in another subcategory,but that nonetheless meet a substantial and articulated need of Sourcewell Members.

6.12 [This section is intentionally blank.]

6.13 Sourcewell reserves the right to request and test equipment/products and related services and to seek clarification from Proposers. Before the Contract award, the Proposer must furnish the requested information within three (3) days (or within another agreed-to time frame) or provide an explanation for the delay along with a requested time frame for providing the requested information. Proposers must make reasonable efforts to supply test products promptly. All Proposer products remain the property of the Proposer, and Sourcewell will return such products after the evaluation process. Sourcewell may make provisional contract awards, subject to a Proposer's proper response to a request for information or products.

6.14 A Proposer's past performance under previously awarded contracts to schools,governmental agencies, and not-for-profit entities is relevant in evaluating a Proposer's current response. Past performance includes the Proposer's record of conforming to published specifications and to standards of good workmanship, as well as the Proposer's history for reasonable and cooperative behavior and for commitment to Member satisfaction. Incumbency as an awarded Vendor does not,by itself,merit positive consideration for a future Contract award.

6.15 Sourcewell reserves the right to reject any or all proposals.

Exhibit 2 24620

E. COST COMPARISON

6.16 Sourcewell may use a variety of evaluation methods,including cost comparisons of specific products.

Sourcewell reserves the right to use this process when the proposal evaluation committee determines that this will help to make a final determination.

6.17 This direct cost comparison process will award points for being low to high Proposer for each cost evaluation item selected. A"Market Basket"of identical(or substantially similar)equipment/products and related services may be selected by the proposal evaluation committee, and the unit cost will be used as a basis for determining the point value. Sourcewell will select the "Market Basket" from all appropriate product categories as determined by Sourcewell.

F. MARKETING PLAN

6.18 A Proposer's marketing plan is a critical component of the RFP response.An awarded Vendor's sales force will likely be the primary source of communication with Sourcewell Members and will directly affect the contract's success. Marketing success depends on communicating the contract's value, knowing the contract thoroughly, and communicating the proper use of contracted products and services to the end user. Much of the success and sales reward is a direct result of the commitment to the contract by the awarded Vendor's sales teams. Sourcewell reserves the right to deem a Proposer Level-Two nonresponsive or not to award a contract based on an unacceptable or incomplete marketing plan.

6.19 Sourcewell marketing expectations include the following components.

6.19.1 An awarded Vendor must demonstrate the ability to deploy a national sales force or dealer network. The best RFP responses demonstrate the ability to sell, deliver, and service products through acceptable distribution channels to Sourcewell members in all 50 states. Proposers' responses should fully demonstrate their sales and service capabilities,should outline their national sales force network (both numerically geographically), and should describe their method of distribution of the offered products and related services. Service may be independent of the product sales pricing, but Sourcewell encourages related services to be a part of Proposers' response.

Despite its preference for awarding contracts to Vendors that demonstrate nationwide sales and service, Sourcewell reserves the right to award contracts that meet specific Member needs locally or regionally.

6.19.2 Proposers are invited to demonstrate their ability to successfully market, promote, and communicate the benefits of an Sourcewell contract to current and potential Members nationwide.

Sourcewell desires a marketing plan that communicates the value of the contract to as many Members as possible.

6.19.3 Proposers are expected to be receptive to Sourcewell trainings. Awarded Vendors must provide an appropriate training venue for both management and the sales force. Sourcewell commits to providing training on all aspects of communicating the value of the awarded contract, including the authority of Sourcewell to offer the contract to its Members,the value and utility the contract delivers to Sourcewell Members, the scope of Sourcewell Membership, the authority of Members to use Sourcewell procurement contracts,the preferred marketing and sales methods,and the successful use of specific business sector strategies.

6.19.4 Awarded Vendors are expected to demonstrate a commitment to fully embrace the Sourcewell contract. Proposers should identify both the appropriate levels of sales management and sales force that will need to understand the value of the Sourcewell contract, as well as the internal procedures needed to deliver the appropriate messaging to Sourcewell Members.

Exhibit 2 24721

Sourcewell will provide a general schedule and a variety of methods describing when and how those individuals should be trained.

6.19.5 Proposers should outline their proposed involvement in promoting a Sourcewell contract through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with Sourcewell at Sourcewell-endorsed national trade shows.

6.19.6 Proposers must exhibit the willingness and ability to actively market and develop contract- specific marketing materials including the following items.

6.19.6.1 Complete Marketing Plan. Proposers must submit a marketing plan outlining how they will launch the Sourcewell contract to current and potential Sourcewell Members.

Sourcewell requires awarded Vendors to embrace and actively promote the contract in cooperation with Sourcewell.

6.19.6.2 Printed Marketing Materials. Awarded Vendors will produce and maintain full color print advertisements in camera-ready electronic format,including company logos and contact information to be used in the Sourcewell directory and other approved marketing publications.

6.19.6.3 Contract announcements and advertisements. Proposers should outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals, and other direct or indirect marketing activities promoting the awarded Sourcewell contract.

6.19.6.4 Proposer's Website. Proposers should identify how an awarded Contract will be displayed and linked on the Proposer's website. An online shopping experience for Sourcewell Members is desired whenever possible.

6.19.7 A Sourcewell Vendor contract launch will be scheduled during a reasonable time frame after the award and held at the Sourcewell office in Staples,MN unless the Vendor and Sourcewell agree to a different location.

6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate Sourcewell membership and establish status of current and potential agencies/members. Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by Sourcewell.

G. CERTIFICATE OF INSURANCE

6.21 Proposers must provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance (COI)or an ACORD binder form with their proposal. Upon an award issued under this RFP and before the execution of any commerce relating to such award, the awarded Vendor must provide verification, in the form of a Certificate of Insurance, identifying the coverage required below and identifying Sourcewell as a"Certificate Holder."The Vendor must maintain such insurance coverage at its own expense throughout the term of any contract resulting from this solicitation.

6.22 Any exceptions or assumptions to the insurance requirements must be identified on Form C of this RFP. Exceptions and assumptions will be considered as part of the evaluation process. Any exceptions or assumptions that Proposers submit must be specific. If a Proposer does not include specific exceptions or assumptions when submitting the proposal,Sourcewell will typically not consider any additional exceptions or assumptions during the evaluation process. Upon contract award,the awarded Vendor must provide the Certificate of Insurance identifying the coverage as specified.

Exhibit 2 24822

6.23 Insurance Liability Limits.The awarded Vendor must maintain,for the duration of its contract, $1.5 million in general liability insurance coverage or general liability insurance in conjunction with an umbrella for a total combined coverage of$1.5 million. Work on the Contract will not begin until after the awarded Vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or an acceptable alternative method of insurance will be deemed a breach of contract.

6.23.1 Minimum Scope and Limits of Insurance. A n a w a r d e d Vendor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following form"basis.

6.23.1.1 Commercial General Liability—Occurrence Form
Policy shall include bodily injury,property damage and broad form contractual liability and XCU coverage.

6.23.1.2 Each Occurrence $1,500,000

6.24 Insurance Requirements: The limits listed in this RFP are minimum requirements for this Contract and in no way limit any indemnity covenants contained in this Contract. Sourcewell does not warrant that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, its agents, representatives, employees, or subcontractors, and the Vendor is free to purchase additional insurance as may be determined necessary.

6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an"A.M. Best"rating of not less than A-VIL Sourcewell does not warrant that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency.

6.26 Subcontractors: Vendors' certificate(s) must include all subcontractors as additional insureds under its policies, or the Vendor must furnish to Sourcewell separate certificates for each subcontractor. All coverage for subcontractors are be subject to the minimum requirements identified above.

H. ORDER PROCESS AND/OR FUNDS FLOW

6.27 Sourcewell Members typically issue a purchase order directly to a Vendor under a Contract resulting from this RFP.Alternatively,a separate contract may be created to facilitate acquiring products or services offered in response to this RFP. Nothing in this Contract restricts the Member and Vendor from agreeing to add terms or conditions to a purchase order or a separate contract provided that such terms or conditions must not be less favorable to Sourcewell's Members.

6.28 [This section is intentionally blank.]

1. ADMINISTRATIVE FEES

6.29 Vendors will pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating this Contract with its current and potential Members. Sourcewell may grant a conditional contract award to a Proposer if the proposed administrative fee is unclear,inadequate,or unduly burdensome for Sourcewell to administer. Sales under this Contract should not be processed until the parties resolve the administrative fee issue.

6.29.1 The administrative fee is typically calculated as a percentage of the dollar volume of all products and services by Sourcewell Members under this Contract,including anything represented to Sourcewell Members as falling under this Contract.

Exhibit 2 24923

6.29.2 The administrative fee is included in, and not added to, the pricing included in Proposer's response to the RFP.Awarded Vendors must not charge Sourcewell Members more that permitted in the then current price list in order to offset the administrative fee.

6.29.3 The administrative fee is designed to cover the costs of Sourcewell's involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract. Administrative fees may also be used for other purposes as allowed by Minnesota law.

6.29.4 The typical administrative fee under this Contract is two percent (2%). While Sourcewell does not dictate the particular fee percentage,we require that the Proposer articulate a specific fee in its response. For example, merely stating that "we agree to pay an administrative fee" is considered nonresponsive. Sourcewell acknowledges that the administrative fee percentage may differ between vendors, industries,and responses.

6.29.5 Sourcewell awarded Vendors are responsible for paying the administrative fee at least quarterly and for generating all related reporting. Vendors agree to cooperate with Sourcewell in auditing these reports to ensure that the administrative fee is paid on all items purchased under the Contract.

6.29.E [This section is intentionally blank.]

6.30 through 6.32 [This section is intentionally blank.] J. VALUE—ADDED ATTRIBUTES

6.33 Desirability of Value-Added Attributes: Value-added attributes in an RFP response will be given positive consideration in Sourcewell's evaluation process. Such attributes may increase the benefit of a product or service by improving functionality,performance,maintenance,manufacturing,delivery,energy efficiency, ordering, or other items while remaining within the scope of this RFP.

6.34 Women and Minority Business Enterprise (WMBE), Small Business, and Other Favored Businesses: Some Sourcewell Members give formal preference to certain types of vendors or contractors.

Proposers should document WMBE(or other) status for both their organization and for any affiliates (e.g., supplier networks)involved in fulfilling the terms of this RFP.The ability of a Proposer to provide preferred business entity "credits" to Sourcewell and Sourcewell Members under a Contract will be evaluated positively by Sourcewell and reflected in the "value added"area of the evaluation.

6.35 Environmentally Preferred Purchasing Opportunities: Many Sourcewell Members consider the environmental impact of the products and services they purchase. "Green"characteristics demonstrated by Proposers will be evaluated positively by Sourcewell and reflected in the "value added" area of the evaluation. Please identify any green characteristics of any offering in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as green and by which certifying agency.

6.36 Online Requisitioning Systems: When applicable, online requisitioning systems will be viewed as a value-added characteristic. Proposers should demonstrate how their system makes online ordering easier for Sourcewell Members,including how Members could integrate their current e-Procurement or enterprise resource planning (ERP) systems into the Proposer's ordering process.

6.37 Financing: The ability of the Proposer to provide financing solutions to Members for the products and services being proposed will be viewed as a value-added attribute.

6.38 Technology: Technological advances that appreciably improve the proposed products or services will be considered value-added attributes.

Exhibit 2 25o24

K.WAIVER OF FORMALITIES

6.39BoummweU reserves the right to waive minor formalities (or to accept minor irregularities) in any proposal,when d determines thatconsidering the proposal may huin the best interest of its Members.

A. SUBSEQUENT AGREEMENTS

7.1 Purchase Order, Purchase orders for products and yurviouy may be executed between BourourruU Members and the awarded Vendor(or Vendor's sub-contractors)under this Contract. BourourruUMumhum and Vendors must indicate on the face of such purchase orders that "This purchase order is issued under BourourruU contract#XXXXXX"(insert the relevant contract numhud. Purchase order flow and procedure will be developed j ointly between Sourcewell and an awarded Vendor after an award is made.

7.2 Governing Law. Purchase orders must be construed in accordance with, and governed by,the laws of u competent jurisdiction with respect to the Munuhuc (Buu also Buodon 8.5 of this QFP] All provisions required by law to be included in the purchase order should be read and enforced as if they were included.

If through mistake or otherwise any such provision is not included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to purchase order will be a court of competent Jurisdiction with respect to the Mumhuc

7.3 Additional Terms and Conditions. Additional tunny and conditions to upumhuyu order may be proposed by BourourruU, BourourruU Members, or Vendors. Aoouptunou of these additional tunny and conditions is optional to all parties to the purchase order. One purpose of these additional terms and conditions is to address oh- orinduyby-ypuoifioruquirunuuntyof|urr such uy prevailing wage legislation.

Additional terms and conditions may also include specific local policy requirements and standard business practices of the issuing Member or the Vendor. Such additional terms and conditions are not considered valid to the extent that they interfere with the general purpose, intent, or currently established terms and conditions contain in this RFP document. For example, a Vendor and Member may agree to add a"net 30" payment requirement to the purchase order instead of applying u"net |0"requirement. But the added terms and conditions must not hu |uyy favorable to the Member unless BourourruU,the Member, and the Vendor agree tou Contract amendment or similar modification.

7.4 Specialized Service Regniremueutm' In the event that the BourourruU Member desires service requirements or specialized purfhnnunou requirements (such as u-commerce ypuoifioudony, specialized delivery requirements, or other ypuoifioudony and requirements) not addressed in the Contract resulting from this QFP, the BourourruU Member and the Vendor may enter into u yupuru1u, standalone agreement, upud from u Contract resulting from this QFP. Any proposed service requirements or specialized purfhnnunou requirements require pre-approval by the Vendor. Any yupuru1u ugruunuunt developed to address dhuyu specialized service or performance requirements is uzo|uyivu|y hutrruun the BourourruU Member and Vendor. BourourruU, its agents, and employees yhu]| not be nuudu u party to any o|uinu for breach of such agreement. Product sourcing iy not considered uservice. BourourruU Members will need to conduct procurements for any specialized services not identified as a part of or within the scope of the awarded Contract.

7.5 Performance Bond. At the request ofthe Member, u Vendor will provide all purfhnnunou bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of purchase orders for products and yuniouy. If purchase order is ounouUud for |uok of required purfhnnunou bond by the nuumhur agency, BourourruU ruoonunuundy that the current pending purchase order be ounou|ud. Each Member has the final decision on purchase order continuation. Any Exhibit 25125

performance bonding required by the Member,the Member's state laws,or by local policy is to be mutually agreed upon and secured between the Vendor and the Member.

7.6 Asset Management Contracts: Asset Management-type Contracts can be initiated under a Contract resulting from this RFP at any time during the term of this Contract. Such a contract could involve, for example, picking up, storing, repairing, inventorying, salvaging, and delivery products falling within the scope of this Contract. The intention in using Asset Management Contracts is to promote the long-term efficiency of Sourcewell's contracts by (among other things) extending the use and re-use of products.

Asset Management Contracts cannot be created under this Contract unless they are executed within the authorized term of a Contract resulting from this RFP. The actual term of the Asset Management Contract may,however, extend beyond the expiration date of this Contract.

B. S IJ CE ELL MEMBER SIGN-UP PROCEDURE
7_7 Awarded Vendors are responsible for familiarizing their sales and service forces with the various forms of Sourcewell membership documentation and will encourage and assist potential Members in establishing membership with Sourcewell. Sourcewell membership is available at no cost, obligation, or liability to the Member or the Vendor.

C. REPORTING OF SALES ACTIVITY
7_8 Awarded Vendors must report at least quarterly the total gross dollar volume of all products and services purchased by Sourcewell Members as it applies to this RFP and Contract. This report must include the name and address of the purchasing agency,Member number,amount of purchase,and a description of the items purchased.

7.8.1 Zero sales reports: Awarded Vendors must provide a quarterly Contract sales report regardless of the amount of sales.

D. AUDITS
7_9 Sourcewell relies substantially on the reasonable auditing efforts of both Members and awarded Vendors to ensure that Members are obtaining the products, services, pricing, and other benefits under all Sourcewell contracts. Nonetheless,the Vendor must retain and make available to Sourcewell all order and invoicing documentation related to purchases that Members make from the Vendor under the awarded Contract. Sourcewell must not request such information more than once per calendar year, and Sourcewell must make such requests in writing with at least fourteen (14) days' notice. Sourcewell may employ an independent auditor at its own expense or conduct an audit on its own. In either event,the Vendor agrees to cooperate fully with Sourcewell or its agents in order to ensure compliance with this Contract.

E. HUB PARTNER

7.10 Hub Partner: Sourcewell Members may request special services through a "Hub Partner" for the purpose of complying with a law, regulation, or rule that an Sourcewell Member deems to apply in its jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, through qualifying for disadvantaged business entity credits, or through other means.

7.11 Hub Partner Fees: Sourcewell Members are responsible for any transaction fees, costs, or expenses that arise under this Contract for special service provided by the Hub Partner. The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction documentation. To the extent that the Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation must clearly indicate that the transaction is "Executed for the Benefit of[Sourcewell Member name]." Exhibit 2 25226

F. - IDS

7.12 The value in US Dollars for Trade-ins will be negotiated between Sourcewell or an Sourcewell Member, and an Awarded Vendor. That identified "Trade-In" value shall be viewed as a down payment and credited in full against the Sourcewell purchase price identified in a purchase order issued pursuant to any Awarded Sourcewell procurement contract. The full value of the trade-in will be consideration.

G. OUT OF STOCK NOTIFICATION

7.13 The Vendor must immediately notify Sourcewell Members when they order an out-of-stock item. The Vendor must also tell the Member when the item will be available and whether there are equivalent substitutes. The Member must have the option of accepting the suggested substitute or canceling the item from the order. Under no circumstance may the Vendor make unauthorized substitutions. Unfilled or substituted items must be indicated on the packing list.

H. CONTRACT TERMINATION FOR CAUSE AND WITHOUT CAUSE

7.14 Sourcewell reserves the right to cancel all or any part of this Contract if the Vendor fails to fulfill any material obligation,term,or condition as described in the following procedure. Before any such termination for cause, Sourcewell will provide written notice to the Vendor,an opportunity to respond,and a reasonable opportunity to cure the breach. The following are some examples of material breaches.

7.14.1 The Vendor provides products or services that do not meet reasonable quality standards and that are not remedied under the warranty;

7.14.2 The Vendor fails to ship the products or to provide the services within a reasonable amount of time;

7.14.3 Sourcewell reasonably believes that the Vendor will not or cannot perform to the requirements or expectations of the Contract, Sourcewell issues a request for assurance, and the Vendor fails to respond;

7.14.4 The Vendor fails to fulfill any of the material terms and conditions of the Contract;

7.14.5 The Vendor fails to follow the established procedure for purchase orders, invoices, or receipt of funds as established by Sourcewell and the Vendor;

7.14.6 The Vendor fails to properly report quarterly sales;

7.14.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and defined in the Sourcewell contract launch.

7.15 Upon receipt of the written notice of breach,the Vendor will have ten (10)business days to provide a satisfactory response to Sourcewell. If the Vendor fails to reasonably address all issues in the written notice, Sourcewell may terminate the Contract immediately. If Sourcewell allows the Vendor more time to remedy the breach, such forbearance does not limit Sourcewell's authority to immediately terminate the Contract for continued breaches for which notice was given to the Vendor. Termination of the Contract for cause does not relieve either party of the financial,product,or service obligations incurred before the termination.

7.16 Sourcewell may terminate the Contract if the Vendor files for bankruptcy protection or is acquired by an independent third party. The Vendor must disclose to Sourcewell any litigation, bankruptcy, or suspensions/disbarments that occur during the Contract period. Failure to disclose such information authorizes Sourcewell to immediately terminate the Contract.

Exhibit 2 25327

7.17 Sourcewell may terminate the Contract without cause by giving the Vendor sixty (60) days' written notice of termination. Termination of the Contract without cause does not relieve either party of the financial,product, or service obligations incurred before the termination.

7.18 Sourcewell may immediately terminate any Contract without further obligation if any Sourcewell employee significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of Sourcewell has colluded with any Proposer for personal gain. Sourcewell may also immediately cancel a Contract if it finds that gratuities, in the form of entertainment,gifts or otherwise,were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of Sourcewell. Such terminations are effective upon written notice from Sourcewell or at a later date designated in the notice.

Termination of the Contract does not relieve either party of the financial, product, or service obligations incurred before the termination.
....................................................................................................................................................................

8. ADVERTISING A CONTRACT SUL ING FROM IS RFP 8_1 ProposerNendor must not advertise or publish information concerning this Contract before the award is announced by Sourcewell. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential Sourcewell Members.

B. APPLICABLE LAW
8_2 [This section is intentionally blank.]
8_3 Sourcewell Compliance with Minnesota Procurement Law: Sourcewell has designed its procurement process to comply with best practices in the State of Minnesota. Sourcewell's solicitation methods are also created to comply with many of the various requirements that our Members must satisfy in their own procurement processes. But these requirements may differ considerably and may change from time to time. So each Sourcewell Member must make its own determination whether Sourcewell's solicitation process satisfies the procurement rules in the Member's jurisdiction. 8_4 Governing law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws will govern Sourcewell contracts resulting from this solicitation.
8_5 Jurisdiction:Any claims that arise against Sourcewell pertaining to this RFP,and any resulting contract that develops between Sourcewell and any other party, must be brought only in courts in Todd County in the State of Minnesota unless otherwise agreed to.

8.5.1 Purchase orders or other agreements created pursuant to a contract resulting from this solicitation must be construed in accordance with, and governed by, the laws of the issuing Member. Any claim arising from such a purchase order or agreement must be filed and venued in a court of competent jurisdiction of the Member unless otherwise agreed to.

8.6 through 8.7 [This section is intentionally blank.]
8_8 Indemnification: Each party is responsible for its own acts and is not responsible for the acts of the other party and the results thereof Sourcewell's liability is governed by the Minnesota Tort Claims Act (Minn. Stat. §3.736)and other applicable law.
8_9 Prevailing wage: The Vendor must comply with applicable prevailing wage legislation in effect in the jurisdiction of the Sourcewell Member. The Vendor must monitor the prevailing wage rates as established Exhibit 2 25428

by the appropriate federal governmental entity during the term of this Contract and adjust wage rates accordingly.

8.10 Patent and copyright infringement: The Vendor agrees to indemnify and hold harmless Sourcewell and Sourcewell Members against any and all suits, claims,judgments, and costs instituted or recovered against the Vendor, Sourcewell,or Sourcewell Members by any person on account of the use or sale of any articles by Sourcewell or Sourcewell Members if the Vendor supplied such articles in violation of applicable patent or copyright laws.

C.ASSIGNMENT OF CONTRACT

8.11 No right or interest in this Contract may be assigned or transferred by the Vendor without prior written permission by Sourcewell. No delegation of any duty of the Vendor under this Contract may be made without prior written permission of Sourcewell. Sourcewell will notify Members by posting approved assignments on the Sourcewell website ( www.sourcewell-mn.� ov).

8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract,a successor-in-interest must perform all obligations under this Contract. Sourcewell reserves the right to rej ect the acquiring entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor.

D. LIST OF PROPOSERS

8.13 Sourcewell will not maintain a list of interested proposers,nor will it automatically send RFPs to them.

All interested proposers must request the RFP as a result of Sourcewell's national solicitation advertisements. Because of the wide scope of the potential Members and qualified national suppliers, Sourcewell has determined this to be the best method of fairly soliciting proposals.

E. CAPTIONS,HEADINGS,AND ILLUSTRATIONS

8.14 The captions, illustrations, headings, and subheadings in this RFP are for convenience and ease of understanding and in no way define or limit the scope or intent of this request.

F. DATA PRACTICES

8.15 All materials submitted in response to this RFP become Sourcewell's property and become public records (under Minn. Stat. §13.591) after the evaluation process is completed. If the Proposer submits information in response to this RFP that it requests to be classified as nonpublic information(as defined by the Minnesota Government Data Practices Act, Minn. Stat. §13.37),the Proposer must meet the following requirements.

8.15.1 The Proposer must make the request within thirty (30) days of the award/nonaward notification, and include the appropriate statutory justification. Pricing, marketing plans, and financial information is generally not redactable.The Sourcewell Legal Department will review the request to determine whether the information can be withheld or redacted.If Sourcewell determines that it must disclose the information upon a proper request for such information, Sourcewell will inform the Proposer of such determination.

8.15.2 The Proposer must defend any action seeking release of the materials that it believes to be nonpublic information, and it must indemnify and hold harmless Sourcewell, its agents, and employees, from any judgments or damages awarded against Sourcewell in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the term of any contract awarded under this RFP. In submitting a response to this RFP, the Proposer agrees that this indemnification survives as long as Sourcewell possesses the confidential information.

Exhibit 2 25529

8.16 [This section is intentionally blank.]
G. ENTIRE AGREEMENT

8.17 This Contract, as defined herein, constitutes the entire agreement between the parties to this Contract.

A Contract resulting from this RFP is formed when the vendor, Sourcewell Executive Director and Chief Procurement Officer approves and signs the applicable Contract Award&Acceptance document(Form E).

H. FORCE AJ [I

8.18 Except for payments of sums due, neither parry is liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to,the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions-intervention-acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such parry is unable to prevent by exercising reasonable diligence. The force majeure is deemed to commence when the parry declaring force majeure notifies the other parry of the existence of the force majeure and is deemed to continue as long as the results or effects of the force majeure prevent the parry from resuming performance in accordance with a Contract resulting from this RFP. Force majeure does not include late deliveries of products and services caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure,then the delayed party must(if possible)notify the other parry of such delay within forty-eight(48)hours.

8.19 through 8.20 [These sections are intentionally blank.] I.LICENSES

8.21 The Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Sourcewell Members.

8.22 All responding Proposers must be licensed (where required) and must have the authority to sell and distribute the offered products and services to Sourcewell and Sourcewell Members. Documentation of the required licenses and authorities, if applicable, should be included in the Proposer's response to this RFP.

J. MATERIAL SUPPLIERS AND SUB-CONTRACTORS

8.23 The awarded Vendor must supply the names and addresses of sourcing suppliers and sub-contractors as a part of the purchase order when requested by Sourcewell or a Sourcewell Member.

K.NON-WAIVER OF RIGHTS

8.24 No failure of either party to exercise any power given to it hereunder,nor a failure to insist upon strict compliance by the other party with its obligations hereunder, nor a custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP constitutes a waiver of either party's right to demand exact compliance with the terms hereof. Failure by Sourcewell to take action or to assert any right hereunder does not constitute a waiver of such right.

Exhibit 2 25630

L. PROTESTS OF AWARDS MADE

8.25 Any protests must be filed with Sourcewell's Executive Director and must be resolved in accordance with appropriate Minnesota rules. Protests will only be accepted from Proposers. A protest of an award or nonaward must be filed in writing with Sourcewell within ten (10) calendar days after the public notice or announcement of the award or nonaward. A protest must include the following items.

8.25.1 The name, address, and telephone number of the protester;

8.25.2 The original signature of the protester or its representative (you must document the authority of the representative);

8.25.3 Identification of the solicitation by RFP number;

8.25.4 Identification of the statute or procedure that is alleged to have been violated;

8.25.5 A precise statement of the relevant facts;

8.25.6 Identification of the issues to be resolved;

8.25.7 The aggrieved parry's argument and supporting documentation;

8.25.8 The aggrieved parry's statement of potential financial damages; and

8.25.9 A protest bond in the name of Sourcewell and in the amount of 10% of the aggrieved parry's statement of potential financial damages.

M. SUSPENSION OR DISBARMENTSTATUS

8.26 If within the past five (5) years, any firm, business, person or Proposer responding to a Sourcewell solicitation has been lawfully terminated, suspended, or precluded from participating in any public procurement activity with a federal, state, or local government or education agency, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment,the duration of the suspension or debarment,and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the termination of a Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists.

N. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION

8.27 An Affirmative Action Plan, Certificate of Affirmative Action, or other documentation regarding Affirmative Action may be required by Sourcewell or Sourcewell Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests.

8.28 Immigration Status Certification may be required by Sourcewell or Sourcewell Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests.

0. SEVERABILITY

8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law,or statutory provision,or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms will be deemed stricken from the Contract, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP.

Exhibit 2 25731

P. RELATIONSHIP OF PARTIES

8.30 No Contract resulting from this RFP may be considered a contract of employment. The relationship between Sourcewell and an awarded Vendor is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses.The parties neither intend the proposed Contract to create, nor is to be construed as creating, a partnership, joint venture, master- servant,principal-agent,or any other,relationship. Except as provided elsewhere in this RFP,neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation, or otherwise in any manner whatsoever except as may be expressly provided herein.

Q. PROVISIONS FOR NON-FEDERAL ENTITY PROCUREMENTS UNDER FEDERAL AWARDS O OTHER AWARDS;AIRPORT IMPROVEMENT OG OVISIONS

8.31 Procurements by Sourcewell or Sourcewell Members utilizing funds under a federal grant or contract may be subject to specific federal laws, regulations, and requirements in addition to those under state and local laws. Applicable law may include, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR Part 200 (also referred to as the "Uniform Guidance"or"EDGAR"). The terms included in this section express Proposers willingness and ability to comply with certain requirements which may be applicable to specific Sourcewell Member purchases using federal grant or contract dollars. Sourcewell Members may also require Proposers to enter into ancillary agreements, in addition to the Sourcewell contract's general terms and conditions, to address the Member's specific contractual needs, including contract requirements for a procurement using federal grants or contracts. Sourcewell reserves the right at any time within a contract term to require an awarded Vendor to reaffirm or resubmit proper documentation relating to these requirements. The numbering and identification contained within this section is only for reference purposes and does not identify any actual Federal designation or location of the rule. Rules are located in 2 CFR Part 200.

8.32 Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils)as authorized by 41 U.S.C. 1908,must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Sourcewell reserves all rights and privileges under the applicable laws and regulations with respect to this procurement process in the event of breach of contract by either party.

8.33 Contracts in excess of$10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement.

Sourcewell reserves the right to terminate any agreement resulting from this procurement process pursuant to Sourcewell RFP sections 7.13 and 7.17. Prior to any termination for cause, Sourcewell will provide written notice to the Proposer,opportunity to respond and opportunity to cure. Sourcewell reserves the right to terminate any agreement resulting from this procurement process without cause with a required 60-day written notice of termination. Termination of Contract shall not relieve either party of financial,product or service obligations incurred or accrued prior to termination.

8.34 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b),in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 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 CFR part 60, "Office of Federal Contract Compliance Exhibit 2 25832

Programs, Equal Employment Opportunity, Department of Labor." This provision is hereby incorporated by reference into all applicable contracts.

The equal opportunity clause is incorporated by reference herein.

8.35 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 CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient 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.

Proposer shall be in compliance with all applicable Davis-Bacon Act provisions.

8.36 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 CFR Part 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 04 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 all applicable contracts.

Proposer certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Proposer shall comply with applicable requirements as referenced above.

8.37 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement"under 37 CFR § 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 CFR Part 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.

Proposer certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Proposer shall comply with applicable requirements as referenced above.

8.38 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 Exhibit 2 25933

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 shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Proposer certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Proposer shall comply with applicable requirements as referenced above.

8.39 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 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 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189)and 12689 (3 CFR part 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.

Proposer nor its principals shall be presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

8.40 Byrd Anti-Lobbying Amendment, as amended (31 U.S.C. 1352). Proposers shall file any required certifications. Proposers shall 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. Proposers shall 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.

Proposers shall file all certifications and disclosures required by,and otherwise comply with,the Byrd Anti- Lobbying Amendment(31 USC 1352).

8.41 Record Retention Requirements. To the extent applicable, Proposer shall comply with the record retention requirements detailed in 2 CFR§200.333. The Vendor further certifies that Vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports,as applicable,and all other pending matters are closed.

8.42 Energy Policy and Conservation Act Compliance. To the extent applicable, Proposer shall 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.

8.43 Buy American Provisions Compliance. To the extent applicable, Proposer agrees to comply with 49 U.S.C. § 50101,which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list. Purchases made in accordance with the Buy American Act shall follow the applicable procurement rules calling for free and open competition.

8.44 Title VI Solicitation Notice. Sourcewell, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement,disadvantaged business enterprises or airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Exhibit 2 26034

8.45 Trade Restriction Certification. To the extent applicable, Proposer will comply with the provision in 49 U.S.C. § 50104 regarding certification and notice requirements for firm ownership or control by one or more citizens of a foreign county listed by the Office of the United States Trade Representative as discriminating against U.S. firms.

8.46 Procurement of Recovered Materials.To the extent applicable,Proposer agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247.

8.47 Access to Records (2 CFR § 200.336). Proposer agrees that duly authorized representatives of an Agency shall have access to any books, documents, papers and records of Proposer that are directly pertinent to Proposer's discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Proposer's personnel for the purpose of interview and discussion relating to such documents. 9 1-Z M^„
[THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.] Exhibit 2 26135

Form A
PROPOSER QUESTIONNAIRE- General Business Information'°
(Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form ' Proposer Name: Questionnaire completed by:

Please identify the person Sourcewell should correspond with from now through the Award process:

Name: E-Mail address:

Please answer and submit the electronic version of the questions below in Microsoft Word' This allows Sourcewell evaluators to cut and paste your answers into a separate worksheet. Place your answer directly below each question.

Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation). Please create a response that is easy to read and understand. For example, you may consider using a different font and color to distinguish your answer from the questions.

Company Information & Financial Strength
1) Provide the full legal name, mailing and email addresses, tax identification number, and telephone number for your business.
2) Provide a brief history of your company, including your company's core values,business philosophy, and longevity in the PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS industry.
3) Provide a detailed description of the products and services that you are offering in your proposal. 4) What are your company's expectations in the event of an award? 5) Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. 6) What is your US market share for the solutions that you are proposing?What is your Canadian market share, if any? 7) Has your business ever petitioned for bankruptcy protection? Please explain in detail. 8) How is your organization best described: is it a manufacturer,a distributor/dealer/reseller,or a service provider? Answer whichever question(either a)or b)just below)best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), please provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider,please describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP.

Are these individuals your employees, or the employees of a third parry? 9) If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held,by your organization(including third parties and subcontractors that you use)in pursuit of the business contemplated by this RFP.
10) Provide all "Suspension or Disbarment"information that has applied to your organization during the past ten years. 11) Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services.

Exhibit 2 26236

Industry Recognition & Marketplace Success
12) Describe any relevant industry awards or recognition that your company has received in the past five years. 13) Supply three references/testimonials from your customers who are eligible for Sourcewell membership. At a minimum, please include the entity's name, contact person, and phone number. 14) Provide a list of your top five governmental or educational customers (entity name is optional), including entity type, the state the entity is located in, scope of the projects, size of transactions, and dollar volumes from the past three years. 15) Indicate separately what percentages of your sales are to the government and education sectors in the past three years? 16) List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years?
17) List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three years'?
Proposer's Ability to Sell and Deliver Service Nationwide 18) Describe your company's capability to meet Sourcewell Member's needs across the country. Your response should address at least the following areas.
a) Sales force.
b) Dealer network or other distribution methods.
c) Service force.

Please include details, such as the 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 parry), and any overlap between the sales and service functions. 19) Describe in detail the process and procedure of your customer service program, if applicable. Please include your response-time capabilities and commitments,as well as any incentives that help your providers meet your stated service goals or promises.
20) a) Identify any geographic areas of the United States that you will NOT be fully serving through the proposed contract. b) Identify any Sourcewell Member sectors (i.e., government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Please explain your answer. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 21) Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories.

Marketing Plan
22) If you are awarded a contract, how will you train your sales management, dealer network, and direct sales teams (whichever apply)to ensure maximum impact?Please include how you will communicate your Sourcewell pricing and other contract detail to your sales force nationally.
23) Describe your marketing strategy for promoting this contract opportunity. Please include representative samples of your marketing materials in electronic format.
24) Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness.

Exhibit 2 26337

25) In your view, what is Sourcewell's role in promoting contracts arising out of this RFP? How will you integrate a Sourcewell-awarded contract into your sales process?
26) Are your products or services available through an e-procurement ordering process?If so,describe your e-procurement system and how governmental and educational customers have used it.

Value-Added Attributes
27) Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell Members.

Please include details, such as whether training is standard or optional,who provides training,and any costs that apply. 28) Describe any technological advances that your proposed products or services offer. 29) Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each.
30) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) certifications that your company or hub partners have obtained.
31) What unique attributes does your company,your products,or your services offer to Sourcewell Members?What makes your proposed solutions unique in your industry as it applies to Sourcewell members? 32) Identify your ability and willingness to provide your products and services to Sourcewell member agencies in Canada. 33) Sourcewell Members may intend to use funds from a federal grant or contract under the Federal Emergency Management Agency (FEMA). In that event, state your ability and willingness to complete, execute, and provide the "Required FEMA Terms and Conditions Certification"form attached as Appendix D to the RFP.

NOTE: Questions regarding Payment Terms,Warranty,Products/Equipment/Services,Pricing and Delivery, and Industry Specific Items are addressed on Form P.

Signature: Date:

Exhibit 2 26438

Form B
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PROPOSER INFORMATION
Company Name:

Address:

City/State/Zip:

Phone: Fax:

Toll-Free Number: E-mail:

Website Address:

COMPANY PERSONNEL CONTACTS
Authorized signer for your organization
Name:

Email: Phone:

The person identified here must have proper signing authority to sign the "Proposer's Assurance of Compliance"on behalf of the Proposer.

Who prepared your RFP response?
Name: Title:

Email: Phone:

Who is your company's primary contact person for this proposal? Name: Title:

Email: Phone:

Other important contact information
Name: Title:

Email: Phone:

Name: Title:

Email: Phone:

Exhibit 2 26539

Form C
EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS, aµ , AND SOLUTIONS REQUEST urcwulb►�<
Company Name:

Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by Sourcewell or included in the final contract. Sourcewell will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below.

Term, Condition, or Sourcewell
Section/page Specification Exception ACCEPTS Proposer's Signature: Date:

Sourcewell's clarification on exceptions listed above:

Exhibit 2 26640

Contract Award
RFP#041719
FORM Durcrruu►,#
Formal Offering of Proposal
(To be completed only by the Proposer)

PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS In compliance with the Request for Proposal (RFP) for(PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions,terms and conditions,general and technical specifications,sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal.

Company Name: Date:

Company Address:

City: State: Zip:

CAGE Code/DUNS:

Contact Person: Title:

Authorized Signature:
(Name printed or typed)
Exhibit 2 26741

FORM E
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AJIV

CONTRACT ACCEPTANCE AND AWARD
�^p
So u rice we�I
(Top portion of this form will be completed by Sourcewell if the vendor is awarded a contract. The vendor shouId complete the vendor authorized signatures as part of the RFP response.) Sourcewell Contract #:041719-XXX
Proposer's full legal name: TBD
Based on Sourcewell's evaluation of your proposal,you have been awarded a contract.As an awarded vendor,you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth in this RFP, in any amendments to this RFP, and in any exceptions that are accepted by Sourcewell.

The effective date of the Contract will be MM DD, YYYY and will expire on MM DD, YYYY (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the Sourcewell Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at Sourcewell's discretion.

Sourcewell Authorized Signatures:

Jeremy Schwartz
SOURCEWELL DIRECTOR OF COOPERATIVE CONTRACTS (NAME PRINTED OR TYPED)

AND PROCUREMENT/CPO SIGNATURE
Chad Coauette
SOURCEWELL EXECUTIVE DIRECTOR/CEO SIGNATURE (NAME PRINTED OR TYPED) Awarded on MM DD, YYYY Sourcewell Contract # 041719-XXX --------------------------------------------------------------------------------------------------------------------------------------------------------------------- Vendor Authorized Signatures:

The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments.

Vendor Name
Authorized Signatory's Title
VENDOR AUTHORIZED SIGNATURE (NAME PRINTED OR TYPED) Executed on 20 Sourcewell Contract # 041719-XXX Exhibit 2 26842

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Form F

PROPOSER ASSURANCE OF COMPLIANCE
Proposal Affidavit Signature Page

PROPOSER'S AFFIDAVIT
The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge.

1. The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract.

2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier,any official or employee of Sourcewell, or any person,firm,or corporation under contract with Sourcewell, in an effort to influence the pricing,terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP.

4. The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in accordance with the terms,conditions,and scope of this RFP,with the Proposer-offered specifications,and with the other documents in this solicitation.

5. The Proposer agrees to deliver 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.

6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.

7. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded.At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act.

8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation.
[The rest of this page has been left intentionally blank. Signature page below] Exhibit 2 26943

By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above.

Company Name:

Address:

City/State/Zip:

Telephone Number:

E-mail Address:

Authorized Signature:

Authorized Name (printed):

Title:

Date:

Notarized
Subscribed and sworn to before me this day of 120 Notary Public in and for the County of State of My commission expires:

Signature:

Exhibit 2 27c�4

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Forme

OVERALL EVALUATION AND CRITERIA
For the Proposed Subject PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES

AND ATTACHMENTS
Conformance to RFP Terms and Conditions 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service Nationwide 100
Marketing Plan 50
Value-Added Attributes 75
Warranty 50
Depth and Breadth of Offered Products and Related 200 Services
Pricing 400
TOTAL POINTS 1000
Reviewed by: Its
—Its
Exhibit 2 27145

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Form P

PROPOSER QUESTIONNAIRE
Payment Terms,Warranty,Products and Services,Pricing and Delivery, and Industry-Specific Questions Proposer Name:

Questionnaire completed by:

Payment Terms and Financing Options
1) What are your payment terms (e.g.,net 10,net 30)?
2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?
3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to Sourcewell. For example, indicate whether your dealer network is included in your response and whether each dealer(or some other entity)will process the Sourcewell Members' purchase orders. 4) Do you accept the P-card procurement and payment process?If so,is there any additional cost to Sourcewell Members for using this process?
Warranty
5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions.
• Do your warranties cover all products,parts, and labor? • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell Members in these regions be provided service for warranty repair?
• Will you cover warranty service for items made by other manufacturers that are part of your proposal,or are these warranties issues typically passed on to the original equipment manufacturer? • What are your proposed exchange and return programs and policies? 6) Describe any service contract options for the items included in your proposal.

Pricing,Delivery,Audits, and Administrative Fee
7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal.
8) Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable,provide a SKU for each item in your proposal. (Keep in mind Exhibit 2 27,-46

that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50%percent discount from the MSRP or your published list. 10) The pricing offered in this proposal is
a.the same as the Proposer typically offers to an individual municipality,university, or school district.
b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments.
d. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. 12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or"nonstandard options". For example, you may supply such items "at cost"or"at cost plus a percentage,"or you may supply a quote for each such request.
13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up,mandatory training, or initial/pre-delivery inspection. Identify any parties that impose such costs and their relationship to the Proposer. 14) If travel expense,delivery or shipping is an additional cost to the Sourcewell Member,describe in detail the complete travel expense, shipping and delivery program.
15) Specifically describe those travel expense, shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery.
16) Describe any unique distribution and/or delivery methods or options offered in your proposal. 17) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell.
18) Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee 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 RFP Section 6.29 and following for details.)
Industry-Specific Questions
19) Describe any industry-specific quality management system certifications obtained by your organization. 20) Describe any environmental management system certifications obtained by your organization. 21) Describe any preventive maintenance programs that your organization offers for the solutions you are proposing in your response.
22) Identify any third-party issued eco-labels, ratings or certifications that your company has received for the equipment or products included in this Proposal related to fuel efficiency, emission reductions, or other green/sustainability factors.

Signature: Date:

Exhibit 2 27347

Check Electronic Copy
when Hard Copy Required Required—Flash Completed Contents of Your Bid Proposal Signed and Dated Drive or CD Form A: Proposer Questionnaire with all
uestions answered completely X— signature page only X X
Form B: Proposer Information
Form C: Exceptions to Proposal, Terms, X
Conditions, and Solutions Request X
X
Form D: Formal Offering of Proposal X
Form E: Contract Acceptance and Award X
Form F: Proposers Assurance of Compliance X X
Form P: Proposer Questionnaire with all
questions answered completely X— signature page only X Certificate of Insurance with$1.5 million
coverage X X
Copy of all RFP Addendums issued by
Sourcewell X X
Pricing for all Products/Equipment/Services
within the RFP being proposed X
Entire Proposal submittal including signed
documents and forms X
All forms in the Hard Copy Required Signed
and Dated should be inserted in the front of
the submitted response,unbound
Package containing your proposal labeled
and sealed with the following language:
"Competitive Proposal Enclosed,Hold for
Public Opening XX-XX-XXXX"
Response Package mailed and delivered
prior to deadline to:

Sourcewell, 202 12th St NE, PO Box 219
Staples, MN 56479
Exhibit 2 27448

11 �, IIPIIIIi ;lllYlll ']Il 1 111 111:1° llll )71fi„ 111lli1( 111 Al° 711) lll1lll1,,0111)IPI( ]I 11A1" i11"1 lll_i]II tIPllll..,� Glll 111 .)111i11 Section 1. Instructions for Vendor
Requests for product or service changes,additions,or deletions will be considered at any time throughout the awarded contract term. All requests must be made in writing by completing sections 2, 3, and 4 of this Sourcewell Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the Sourcewell Procurement Manager and to approval by Sourcewell's Chief Procurement Officer. Submit request through email to your assigned Sourcewell Contract Administrator.) Sourcewell will determine whether the request is 1) within the scope of the original RFP, and 2) in the best interests of Sourcewell and Sourcewell Members. Approved Price and Product Change Request Forms will be signed and emailed to the Vendor contact.

The Vendor must complete this change request form and individually list or attach all items or services subject to change,must provide sufficiently detailed explanation and documentation for the change,and must include a complete restatement of pricing documentation in an appropriate format (preferably Microsoft® Excel®). The pricing document must identify all products and services being offered and must conform to the following Sourcewell product/price change naming convention: (Vendor Name) (Sourcewell Contract 4) (effective pricing date); for example, "Acme Widget Company 4012416-AWC eff. 01-01-2017." NOTE: New pricing restatements must include all products and services offered regardless of whether their prices have changed and must include a new"effective date 'on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each Vendor and creates a historical record of pricing.

ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the original RFP.

DELETIONS. New products and related services may be deleted from a contract if, for example,they are no longer available or have been modified to a point where they are outside the scope of the RFP.

PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For example,a Vendor that manufactures products that require substantial petroleum-related material might request a 3% price increase because of a 20%increase in petroleum costs.

Price decreases: Sourcewell expects Vendors to propose their very best prices and anticipates that price reductions might occur because of improved technologies or marketplace efficiencies.

Price increases: Acceptable price increases typically result from specific Vendor cost increases. The Vendor must include reasonable justification for the price increase and must not, for example, offer merely generalized statements about an increase in a cost-of-living index.Appropriate documentation should be attached to this form,including such items as letters from suppliers announcing price increases.

Refer to the RFP for complete "Pricing"details.

Section 2. Vendor Name and Type of Change Request
CHECK ALL CHANGES THAT APPLY:

AWARDED VENDOR NAME: ❑ Adding
Products/Services
vices
❑ Deleting
Products/Services
❑ Price Increase
SOURCEWELL CONTRACT ❑ Price Decrease
NUMBER:
49 Exhibit 2 275

Section 3. Detailed Explanation of Need for Changes
List the products and/or services that are changing or being added or deleted from the previous contract price list, along with the percentage change for each item or category. (Attach a separate, detailed document if changing more than 10 items.

Provide a general statement and documentation explaining the reasons for these price and/or product changes.

EXAMPLES: 1) `All pricing for paper products and services are increased 5% because of increased raw material and transportation costs (see attached documentation of fuel and raw materials increase)." 2) "The 6400 series floor polisher is being added to the product list as a new model, replacing the 5400 series. The 6400 series 3% increase reflects technological changes that improve the polisher's efficiency and useful life. The 5400 series is now included in the "Hot List" at a 20% discountfirom the previous pricing until the remaining inventory is liquidated." If adding products, state how these are within the scope of the original RFP.

If changing prices or adding products or services,state how the pricing is consistent with existing Sourcewell contract ricin .
50 Exhibit 2 276

Section 4. Complete Restatement of Pricing Submitted
A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been emailed to the Vendor's Contract Administrator. ❑ Yes ❑ No
Section 5. Signatures
Vendor Authorized Signature Date
Print Name and Title of Authorized Signer
Jeremy Schwartz Date
Sourcewell Director of Cooperative Contracts and Procurement/CPO 51 Exhibit 2 277

�ryvMpp�4�P4N nYP�Pr
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Appendix A
Sourcewell on behalf of itself and its current and potential Member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal governmental, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP)to result in a national contract solution.

For your reference, the links below include some, but not all, of the entities included in this proposal. htti):// www.usa.aov/Aaencies/Local Government/Cities.shtml http://nces.ed.gov/globallocator/
htti)s:// www.census.aov/2010census/partners/i)df/FIPS� StateCounty Code.]df http://nccs.urban.org/sites/all/nccs-archive/html//PubApps/search.ph htti)s:// www.usa.aov/tribes#item-37647
http://www.usa.gov/Agencies/State-and-Territories.shtml Orson
Hawaii
ashin ton
52 Exhibit 2 278

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Appendix D
SOURCEWELLsM(Formerly NJPA)AWARDED VENDOR

REQUIRED FEMA TERMS AND CONDITIONS CERTIFICATION
Procurements by Sourcewellsm (Formerly NJPA)or Sourcewell Members utilizing funds under a federal grant or contract funded all or in part by the Federal Emergency Management Agency(FEMA)may be subject to specific federal laws,regulations,and requirements in addition to those under other federal,state and local laws.This may include,but is not limited to,the procurement standards of the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,Title 44 of the Code of Federal Regulations,Part 13 (44 CFR Part 13).

The terms included in this section express Vendors willingness and ability to comply with certain requirements which may be applicable to specific Sourcewell Member purchases using FEMA grant or contract dollars.

Sourcewell Members may also require Proposers to enter into ancillary agreements,in addition to the Sourcewell contract's general terms and conditions,to address a Member's specific contractual needs,including contract requirements for a procurement using FEMA grants or contracts. Sourcewell reserves the right at any time within a contract term to require an awarded Vendor to reaffirm or resubmit proper documentation relating to these requirements.

Note:The numbering and identification contained within this section is only for reference purposes and does not identify any actual Federal designation or location of the rule.Rules are located in 44 CFR Part 13. (A)Pursuant to 44 CFR 13.36(i)(1), Sourcewell is entitled to exercise all administrative,contractual,or other remedies permitted by law to enforce Vendor's compliance with the terms of the request for proposal and contract award,including but not limited to those remedies set forth at 44 CFR 13.43.

Vendor Agrees(YES or NO) Initials of Authorized Representative (B)Pursuant to 44 CFR 13.36(i)(2), Sourcewell may terminate the contract award for cause or convenience in accordance with the procedures set forth in the request for proposal and contract award and those provided by 44 CFR 13.44.

Vendor Agrees(YES or NO) Initials of Authorized Representative (C)Pursuant to 44 CFR 13._6(i)(3)-(6)(12),and(13),Vendor shall comply with the following federal laws during the term of an award for this contract by Sourcewell:
a. Executive Order 11246 of September 24, 1965,entitled"Equal Employment Opportunity,"as amended by Executive Order 11375 of October 13, 1967,and as supplemented in Department of Labor("DOL") regulations(41 CFR Ch. 60);
b. Copeland"Anti-Kickback"Act(18 U.S.C. 874),as supplemented in DOL regulations(29 CFR Part 3); c. Davis-Bacon Act(40 U.S.C.276a-276a-7)as supplemented by DOL regulations(29 CFR Part 5); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-330)as supplemented by DOL regulations(29 CFR Part 5);
e. Section 306 of the Clean Air Act(42 U.S.C. 1857(h),section 508 of the Clean Water Act(33 U.S.C. 1368),Executive Order 11738,and Environmental Protection Agency regulations(40 CFR part 15); and Exhibit 2 295 1

Appendix D
f.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(Pub.L. 94-163, 89 Stat. 871).

Vendor Agrees(YES or NO) Initials of Authorized Representative (D)Pursuant to 44 CFR 13.36(i)(7),Vendor shall comply with FEMA requirements and regulations pertaining to reporting,including but not limited to those set forth at 44 CFR 40 and 41.

Vendor Agrees(YES or NO) Initials of Authorized Representative (E)Pursuant to 44 CFR 13.36(i)(8),Vendor agrees to the following provisions regarding patents:
a. During the term of an award for this contract by Sourcewell,all rights to inventions and/or discoveries that arise or are developed,in the course of or under this request for proposal and contract award,shall belong to the Sourcewell Member and be disposed of in accordance with their policy. Sourcewell and Sourcewell members,at its own discretion,may file for patents in connection with all rights to any such inventions and/or discoveries.

Vendor Agrees(YES or NO) Initials of Authorized Representative (F)Pursuant to 44 CFR 13.36(i)(9),Vendor agrees to the following provisions,regarding copyrights:
a. During the term of an award for this contract by Sourcewell,any copyrightable material or inventions, in accordance with 44 CFR 13.34,FEMA reserves a royalty-free,nonexclusive, and irrevocable license to reproduce,publish or otherwise use,for Federal Government purposes:
(1)The copyright in any work developed under a grant or contract; and (2)Any rights of copyright to which a grantee or a contactor purchases ownership with grant support.

Vendor Agrees(YES or NO) Initials of Authorized Representative (G)Pursuant to 44 CFR 13.36(i)(10),Vendor shall maintain any books,documents,papers,and records of the Vendor which are directly pertinent to this request for proposal and contract award.At any time during normal business hours and as often as Sourcewell or Sourcewell Members deems necessary,Vendor shall permit Sourcewell or Sourcewell Member,FEMA,the Comptroller General of United States,or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit,examination, excerpts,and transcriptions
Vendor Agrees(YES or NO) Initials of Authorized Representative (H)Pursuant to 44 CFR 13.36(i)(11),Vendor shall retain all required records for three years after FEMA or Sourcewell or Sourcewell Members makes final payments and all other pending matters are closed.In addition, Vendor shall comply with record retention requirements set forth in 44 CFR 13.42 Exhibit 2 296 2

Appendix D
Vendor Agrees(YES or NO) Initials of Authorized Representative Vendor agrees to comply with federal, state, and local laws, rules, regulations and ordinances, as applicable.It is further acknowledged that Vendor certifies compliance with provisions, laws, acts, regulations, etc. as noted above.

This certification shall be effective through the term of the Vendor's Sourcewell awarded contract.

Vendor:

Contract number:

Category:

Maturity date:

Address:

City,state,zip code:

Phone number:

Printed name and title of
authorized representative:

Signature of authorized
representative:

Date:

Exhibit 2 297 3

DocuSign Envelope ID: C7A1C14D-83F3-4D46-9763-D65125BC3017 ve
Proposal Opening Record
Date of opening: April 18, 2019
The public opening of all responses received to the Request For Proposal #041719 for the procurement of PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS was witnessed by the following individuals:

Greg Grunig, Sourcewell
Michael Munoz, Sourcewell
Chris Robinson, Sourcewell
Brandon Town, Sourcewell
Carol Jackson, Sourcewell
Craig West, Sourcewell
Sheila Christoffersen, Sourcewell
Steff Haataja, Sourcewell
Responses were received from the following:

Alden Equipment Inc. (Archer)- received 4/8/2019 at 12:39:01 PM Proposer deemed responsive
Alden Equipment Inc. (Snorkel)—received 4/8/2019 at 12:39:05 PM Proposer deemed responsive
Atlas Copco Power Technique North America, LLC—received 4/10/2019 at 11:38:05 AM Proposer deemed responsive
Cart-Away Concrete Systems, Inc. - received 4/10/2019 at 11:38:11 AM Proposer deemed responsive
Clark Equipment Company dba Doosan Portable Power—received 4/15/2019 at 11:08:28 AM Proposer deemed responsive
Generac Mobile Products, LLC- received 4/16/2019 at 11:10:54 AM Proposer deemed responsive
Holland Pump Company—received 4/17/2019 at 12:08:39 PM
Proposer deemed responsive
Multiquip Inc.- received 4/15/2019 at 11:43:02 AM
Proposer deemed responsive
Street Smart—received 4/17/2019 at 4:18:50 PM
Proposer deemed responsive
Form C—signature omitted
Terex USA, LLC—received 4/16/2019 at 9:32:08 AM
Proposer deemed responsive
Wacker Neuson—received 4/17/2019 at 12:08:57 PM
Proposer deemed responsive
202:11.26h°tr('a„?'4 11M.' I IF1,0 Box 21.9 1 ''a1aph,fl se M[,l 56479 8tt8 8941.930 fi9:30
Exhibit 2 298

DocuSign Envelope ID: C7A1C14D-83F3-4D46-9763-D65125BC3017 ve
Proposals are evaluated first on level-one responsiveness and that determination is noted above. Level-one responsiveness requires, among other things,that the response be received before the deadline for the submission and that the response include completed copies (with signatures) of the requested forms.

Proposers that are deemed level-one responsive must provide any missing documentation or remedy a noted deficiency within a reasonable time in order to remain responsive. Respondents must not provide additional substantive information when sending missing documentation.

QocuSigned by: DacuSigned by:
a � Er,_,_rAAF-nrnrFAm-
Greg �3a
4379 9 3 169a Ddu?Grunig, Procurement Lead Analyst Carol Jackson, Procurement Analyst III 202:11.26h°tr('�s„' 11M.' I IFID Box 21.9 1 ''a1aph,fl se M[,l 56479 8tt8 894 19:30 1 Exhibit 2 299

Form C

EXCEPTIONS TO PROPOSAL TERMS CONDITIONS
Sourcewellk
Company Name:

Any exceptions to the terms,conditions, specifications,or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by Sourcewell or included in the final contract. Sourcewell will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below.

Term,Condition,or Sourcewell
xCeEtio ACCEPTS
.............
--------------- ......

Pro poser's Signature: Date:

SnurceweIlls clarification on exce tions listed above:

No Exceptions Noted
HCP
Initials
qne �,2019,e 5, 9
Exhibit 2 300

Contract Award
OP#0411719
FORM D
Formal Qffedgj,2f I'ra anal
(To be completed only by the Proposer)

PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS In compliance with the Request for Proposal(RFP)for PORTABLE CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES AND ATTACHMENTS, the undersigned warrants that the Proposer has examined this RFP and,being familiar with all of the instructions,terms and conditions,general and technical specifications,sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP,any applicable amendments of this RFP, and all Proposer's response documentation.The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal.

Company Name: Muffigy!qInca_ Date: April 12 2019
Company Address: 18910 Wilml
L��IAme
City:..Carson State: CA Zip: 90746 CAGE Code/DUNS: ONH46
Contact Person: _Larry Savitz Title: Director of Government Sales Authorized Signature: IT
'Ah/n- Larry Savitz
(Name printed or typed)
Exhibit 2 301

ouc Signsnvewpe|o:oa}mupo�n*a1-4uoA-0000'r8000roEsozs
FORM E

CONTRACT ACCEPTANCE AND AWARD
�� `-
�O��ewe��8�
�,�),mm
(Top portion of this form will be completed by Sourcewell if the vendor is awarded a contract. The vendor should complete the vendor authorized signatures os part of the RFP/esponsaj SourceweU Contract #: O4l7l9-MTQ
Propose/'s full legal name: MuMiquip |nc.

Based onSourceweU's evaluation of your proposal,you have been awarded a contract.Ascnawarded vendor,you agree to provide the products and services contained in your proposal and to meet all the terms and conditions set forth in this RFP,in any amendments to this RFP, and in any exceptions that are accepted by Sourcewell.

The effective date of the Contract will be June 17, 2019 and will expire on June 17, 2023 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the Sourcewell Chief Procurement Officer awards the Contract).This Contract may be extended for fifth year at Sno/oewe||'s discretion.

Sourctwelt Authorized Signatures:

L...COFD2AI I Je�mySchwo�z
SO0RCEWE[[l��crOnOp OPERATIONS AND (NAME PRINTED 0RTYPED) /CpOs|Gw^|Uxc
ChodCoouette
SDuRCEweu EXECUTIVE DIRECTOR/CEO SIGNATURE (NAME PRINTED DxTYPED) Awarded on June l4'2Ol9 SouroaweU Contract #04l7l9-MTQ ------------------------------------------------ ----------------'--'------------------'—'---------------------------------- Vendox Authorized Signatures:

The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments.

Vendor Name Multiquip Inc.

Authorized Signatory's Title Director of Government Sales Larry Sa
VENDOR AUTHORIZED SIGNATURE (NAME PRINTED OnTYPED) Executed on 201i9 Souroe*e|| Contract #O4l7l9-MTQ

sourcM#P�
Form F

PROPOSER ASSURANCE OF COMPLIANCE
Proposal Affidavit Signature Page

PROPOSER'S AFFIDAVIT
The undersigned, authorized representative of the entity submitting the foregoing proposal(the"Proposer"),swears that the following statements are true to the best of his or her knowledge.

I. The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell members agencies. The undersigned affinns that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract.

2. The Proposer, or any person representing the Proposer,has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier,any official or employee of Sourcewell,or any person,firm,or corporation under contract with Sourcewell, in an effort to influence the pricing,terms,or conditions relating to this RTP in any way that adversely affects the free and open competition for a Contract award under this P.

3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4, The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in accordance with the terms,conditions,and scope of this RFP,with the Proposer-offered specifications,and with the other documents in this solicitation.
5, The Proposer agrees to deliver 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.

6. The Proposer will comply with all applicable provisions of federal, state, and local laws,regulations,rules, and orders.

7. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc,), either substantially or in their entirety, Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded.At that point, proposals generally become public data,Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act.

8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation,
[The rest of this page has been left intentionally blank. Signature page below] Exhibit 2 303

By signing below,Proposer is acknowledging that he or she has read, understands, and agrees to comply with the tee and conditions specified above,
Company Name: Multiquip Inc.

Address: 18910 Wilmington Avenue
City/State/Zip: Carson,CA 90746
Telephone Number: 310-537-3700
E-mail Address: [email protected]
Authorized Signature:

Authorized Name(printed): Larry Savitz
Title: Director of Government Sales
Date.- April 11,2019
Notarized
Subscribed and sworn to`bc&�e-TK- ,this,,.,. day of '20 Notary Public in and for the County of.. State of My commission expires:_ .................. .......

Signature: ry
Exhibit 2 304

CALIFORNIA T WITH AFFIANT STATEMENT GOVERNMENT CODE§8202 . s.,,,.. , .. _„�;.:;,.,r.a -i.� ;, �.,,f. r'x ,,.,i,L^ 6 ",.,., r.Flt,i"�r. .Ftio„� ,✓,.!, .>,,rw. ,:f.,,. ,,....,.u',!.a{r`v r.�Nisa., .,., ... � .

See Attached Document(Notary to cross out lines 1-6 below) C:ml See Statement Below Lines 1-6 to be completed only by document si, i. ir"s, not Notary) 2 ----------
4 5
N i
Signature of Document Signer No. 1 Signature of Document Signer o...�.. . _ g 2�ii"fir
( A notary public or other officer completing this certificate verifies only the identity of the individual who signed the j document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of Cali )rnia Subscribed and sworn to (or affirmed) before me County of "� .G�c,�s.
on this 1 ._ day of .. f'�'.!.G' ... 2®
by Date Month Year
(and (2)
Lois FARRELL Name(s) of Signer(s)
Notary Public-California
t,L;
Los Angeles County
Commission 220Q665 proved to me on the basis of satisfactory evidence My Comm.Expires Jul6,2021 to be the persoV who appeared before me.

Signature _
Place Notary Seal Above Signature of Notary Public �, .. OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached document
Title or Type of Document:Pe _ e . .'/#Vocument Date:

Number of Pages:de Signer(s)Other Than Named Above:......-., yI.,.,, "
02016 National Notary Association , www.Nationa[ Notary.org - 1-800-US NOTARY(1-800-876-6827) Item#5910 Exhibit 2 305

SourcewelW,,
Form P

PROPOSER QUESTIONNAIRE
Payment Terms,Warranty,Products and Services,Pricing and Delivery,and Industry-Specific Questions Proposer Name:

Questionnaire completed by: [Ary, !�,avutz
1) What are your payment terms(e.g.,net 10,net 30)?
iYet 30 hays
2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?
Yes.
3) Briefly describe your proposed order process.Please include enough detail to support your ability to report quarterly sales to Sourcewell. For example, indicate whether your dealer network is included in your response and whether each dealer(or some other entity)will process the Sourcewell Members' purchase orders.

Miultiquip will use two sepairate order, processes to manage Sourcewell member aii,ders, The first process is foir ou del s placed by Sourcewell rnembeve directly witl,w Multlqulp. I I'm ordem 14trocess is straight forward, consisting of tlie purchase order behrrg seat to Multiquip, ordeir eiritry and approval,and shipment and invoicing to C�ie Sourcesv6ll member". Tlw ordeirs are elecbronlcaHy coded at entry for Sourtewell rroenibers allowhiig tia to ruin quarterly or as u meeded sales relIDIIS specifically for Sotn.ceweH related sales The secoirid process is for orcler's placed by Sourcewell rnernbers thl'U OUr distributor iii retwc)rk This order is placed with a Mulfiqulp Ostirlbutoir, The distributcir MH then place Lim oirider Mth lAtiltiquila, and we in turn will enter the order and shlrrto eftlwr the distributor,or,Sourcewell rnernber, We Weill lnvoice the MultiqUip distributorwho will involce the doer iceweH irnernber. 11te ourdeirs are also electronically coded at eintry l'or Sourcewell membeirs allowling us to r un quartedy or as needed sales reports speclficaHy foir,Sourcewell related sales. We also rvquire u1)101111 dlstrCl)utoirs to,forward tis copNes of their luivoices to Sourcewell rriernbeorsto ensuire coiritract coii,npHance and accuracy.

It ftlqUip is responsible fw reportlng aH Muftlquip Wes to Sourceyvell timt are irnade direWy i)y Mt.dUqUip or' through ouir distiribullori network,
4) Do you accept the P-card procurement and payment process?If so,is there any additional cost to Sourcewell Members for using this process?
1AUffi(JUill currently accqpts 1%car'd procii irernerit arid payinleirit, There is no addlficsr al cost to SourceweH rnernbers for processing,
Exhibit 2 306

3YArxanty
5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions.

A copy of lAultiquip's Warrarly policy is,attactwied.
• Do your warranties cover all products,parts,and labor? Yes- FlrodLUAS, rM111S, ibirid labcsr iCre covered as described IIn the attacl'ied Warranty State rni e nt,, ® Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Our standard warranty including usage Hirrift restrictions is described in the attached Warrarvty State me n t, ® Do your warranties cover the expense of technicians'travel time and mileage to perform warranty repairs? We covil teclul flcians"trav0 and IIrnHeaage experises related to was ravity rq)alv"s if: it is deterrn i vied that the repair"mfoirk can be made at a custoncees or otlier fie!Id to ration,, • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell Members in these regions be provided service for warranty repair?
Muffiquip °us capable ofIjx�'oviding cerflfled teduiiictans hir aflil areas of the United States for warvaii,ity repairs.

Service for warraivity repairs will be l)erforrned by Multiquil) tecl'uncians or IAQ AUthorized Service Center certIffied techviWailis,,
• Will you cover warranty service for items made by other manufacturers that are part of your proposal,or are these warranties issues typically passed on to the original equipment manufacturer? We wHi noirrnafly Iliwrrovlde warranty for 0 componeints that are a part of oLvr lwqposal. TIm one exception Its einghi,ws. Tim engine manufactuvvv's IIprefer to provide ti'veh, own warrav ity service, At triehr discretioii vithey may give us apl)vroval to rnake the war rarity repair's forthern. • What are your proposed exchange and return programs and policies? We do not have specific excliange or return programs or policles. We do maintain cornplete flexibility in rnanaglng exchange and v eturii v requests., Our decWons are always based on fain"wess arid thcl� right decision that wili 1,)est er�able us to taker are of ouir custourrers, 6) Describe any service contract options for the items included in your proposal.

Muitiquip does offer serAce contracts oii,r request, however',they are not a part of our stairidard offeriii,ig. We are rnore likely to use OUr Authorized Service deniers or MtdtIqifllk, distributors to offer service co rtracts at a local level,
Pricin relive Audits and Administrative Fee
7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal.

FAtRIC'Juip offilars a fufl rainge of Isortalfle construction l)vroducts rrrclucfirig i'arrirrieve, plate corill)actor's, rollers, gene,ratcrvrs�, weiders, de"ratering purnrm, water trailers, concrete rviNers and Obrators, concrete trowels and screeds, saws,GloBug balloon d[ffused HgIttfilig and Hglvt tower's, air cornlll�)ressors,aind noise attenuaflon pari0s, 8) Describe your pricing model (e.g., line-item discounts or product-category discounts).Provide detailed pricing data (including standard or list pricing and the Sourcewell,discounted price)on all of the items that you want Sourcewell Exhibit 2 307

to consider as part of your RFP response.If applicable,provide a SKU for each item in your proposal-(Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) ()ur pricing urmnxlel is based oiriG our standard pubfis1ried M3R11 prices and discounts from the NISRP i,,nrk:es. 71 e discot ints are cone:stent but away vary i,)etweert product categories, Freiglft chairges wlfl elther, be charged at a pir.,,,rcentage of the sale for sirriolk.-,,r Iterns)or actuaU fr0ght cflhairgres wih apply (for @arger oten s), Detailed Pricing,-=1-Data
Detailed- - -----, =
Discounts shown below,fur eacht pi' oduct category reflect a INieirce ri t age discount firorn to uftiquip's FASRP prices,, Cornpactioin-- 30%
Compaction (Heavy)- 20%
Water Purrips-3011/6
Water riraHers-30%
Concrete Finisl,flng--30%
Mayco Concrete Puml3s 20%
Concrete & Maternal F)Iacernent--30%
0 Mixers-304,lo
0 Rebar Fteinders&Cutters,Corwcrete Vibrators, and C,ore Drills-,301%i 0 Saws-30%
Diffused Lighting 30%
Poirtalfle Welders 30%6
FAortable Generators,-420%(diesel powered) / 30%(gasoline powered) Air Cornpr'essor.s-20%,
Noise Atterivation Pariels ,10%to 30%based oii!"D or°der volume 9) Please quantify the discount range presented in this response.For example,indicate that the pricing in your response represents is a 50%percent discount from the MSRP or your published list. please see#8 all)ove,,
10) The pricing offered in this proposal is
-,---a.the same as the Proposer typically offers to an individual municipality,university,or school district.
.........b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
-c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments.
other than what the Proposer typically offers(please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer.

Quaritfty discounts are offeired to SourceweH rnierrrbers, 12) Propose a method of facilitating"sourced"products or related services,which may be referred to as"open market" items or"nonstandard options". For example,you may supply such items"at cost"or"at cost plus a percentage,"or you may supply a quote for each such request.

Exhibit 2 308

ReqUirerneirds that irwdude iucpnstatirfard olA-lions will i',)e accessed for,viaUifty, processes in ii)lacqli to nwnage these equir,errients if they are deerned requhred aii'id viable, Pricing will be calcituated In a rnarmeii"0wat its CWISNUNIt with sumo, rnethods iusied for t,)iuir priirnaii,y 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation,set up,mandatory training,or initial/pre-delivery inspection.Identify any parties that impose such costs and their relationship to the Proposer. 01[se r,than recjk,t i red taxes, the re are ru"P oflwr ac;q u lsition coststttat i,We,riot u ndi�udc!d in t!he pricing su bmitleci%h,4thi this respopnse.
14) If travel expense,delivery or shipping is an additional cost to the Sourcewell Member,describe in detail the complete travel expense,shipping and delivery program.

FrOght 6wrges wiB be chairged at either, a percentage of the sale (for smaher[Rents that car simile via 1"11)eat.will be charged at actual firelgl,nt costs (fop"lairger 4erns that need to ship via flatised). Our,objective is to einsure ttiiat arty freight chorged is competitive, fair, and consistent, MultiqUil) works closely with, several freight logistics companies to ensure vve receive the best U rates jwsse it is not Multi qunp's interifloin to make any profit from freight charged.
15) Specifically describe those travel expense, shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery.

For,shwipiinerfts inade to Alaslw, ilawaii, and oti.iier,offsl'iore 10CaU101 M,fi*iglit is,chzirged at actual freigliit costs, As vidth army shipirmint we m'nalce, ouir ol),jective is to eirusure Ilrat any freigiit dirarged is competitive, fair, and conslsterwt,, It is rrot IOUtiqi dp's initention'to rnake ainy isrofit frorrfreigtwt chairged, 16) Describe any unique distribution and/or delivery methods or options offered in your proposal.

Not aplplicable.
17) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell.

Our, self-audit process includes a specific order desmgnaflon category we have estabhohg:t;d for soiixilceweii merribei s, We have conducted and conthi,rue to refresl'i Sourcewelil trairiing for, A Iltfiiltupumip order, entry personnel, An oirder, received frorn a Sourcewefli meniber, either directly or thru a Nlultiquili.r distributor, is electrcrriicallly agged and priching is veiified to erisin e coniplUnce arid accuracy. in addition, we estaUlsh Multiqiuil,� accounts for Sourcewell ineiinbers wheir they inKially reclt,zst �a quotation w place air order witl,m us.

After tllds accouint is estaliifflshed, Sourtewell contract prichrig is atitonriaticaUy applied durlrig our,quotation and ordeir entry l)roccsses for Sowrcewell rnit�!rnbers,virtually elin ilirating easy diiance of a pdcing erroir,, Reports are run at ti,w end of each quarter, oii"as useneeeded, wl,iicin list afi SourcewOl quotation and order aandty.

We use the reports to at,udit 0 Sourrewc4i activit.-y, arrd to, lvpoirt all sales and to rernit the ipirrjlireii,acirnirfls-trative fee to Sourcewell.
18)Identify a proposed administrative fee that you will pay to Sourcewell for facilitating,managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Exhibit 2 309

Vendor's Wes under the Contract or as a per-unit fee; it is not a fine-item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.)
to ,fl[flquiitr proposes a 19,"D 0 cont acted Rerns,, ftcrwis 4xJtide all fteaws induded Usted 01,1 F`116o,,�,Scttedule, We ako pmpose paying a J%',�adrr19 strative, 1%))r�,,ury`sw,$irced" ReV ns reqUlrecl as reqUesterd rnenrbets,
kdmml=S ecific uestions
19)Describe any industry-specific quality management system certifications obtained by your organization.

Our rnaillUfalCtUrrrmg fad% located iirm Danviki, KY N certified to tSO 9001�, l0,U1HqUij3, a1SO ernployees a QUaHty ASSUraru:e Manager, SuperOsor of(juaRty ContrrA, ar,W (.),uaky Omtrol SpecJaHsts, 20)Describe any environmental management system certifications obtained by your organization.

We do not hold any maruagerrent systern, certificaUon, AH of our k)caflirwns meet of, exceled 0 federal, state,and local ertvironrnerit;d codes arrid reg;fliafions, 21)Describe any preventive maintenance programs that your organization offers for the solutions you are proposing in your response.
lftftiqUlp XlOeS offer areventative rraintei,,iance or extendet'i servk:t,,�, ccweraf,,h,1,e progirarris crn rvquest, however, they are not a lmrt of cxjr s1andaird offedrig, We are rywore H[tely to use ottrr Authorized Servlce Uriters (ASQ or "Oulticituip distrilKitors to offer reedritelllrerice and seirvkv coricracts, Pit a local level. We do not set sf,rrvice and rnainteiriance pricing for our AS Cs or distribi.),tors, In addi'Uon to our, distribia,tcpr network, we currently 1mve 153 ASCs located fli ir°o o tit the US, arld Canada,,
22) Identify any third-party issued eco-labels,ratings or certifications that your company has received for the equipment or products included in this Proposal related to fuel efficiency, emission reductions, or other green/sustainability factors.

AH er%g ititepowe red products offered are fully corripliarit wit1w. currerit EPA reg daflorm, We have recOved EPlk Urtificates of Cor forrrOtV vrit][i Ote CleariR Ak Act roil, all Miultiquip eiruglne powiered piroducts, 41 r'incnt cases,10uftiquipl in-oducts offwred rneet or exceed EPA cc-srnpliarrce P"equhrenirrults prior to the reqk,Aired d�ates as estalkliskied [')y the IT A, 7 Signature: Date:
7- ................

Exhibit 2 310

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 9.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
SUBJECT: APPROVAL OF PURCHASE OF FORKLIFT FOR PUBLIC WORKS YARD DATE: August 22, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion adopt the attached Resolution approving an agreement with Select Equipment for the purchase of a forklift for a total cost of$37,238.

BACKGROUND/DISCUSSION:

During the annual budget review and preparation process, the Public Works Department requested funding for the replacement of existing equipment that is worn/inoperable and for new materials and supplies. The Department identified the below listed equipment as a need for replacement for FY 2022-23. • Purchase of New Propane Powered Forklift, model Hyundai 25LC-7A- 5,000 lb capacity, replacing one existing propane powered forklift used at the Public Works yard; existing unit is worn and no longer meets OSHA safety standards.

On July 23, 2020, Sourcewell released a Request for Proposals for Forklifts and Lift Trucks with Related Services (RFP #091520). On September 15, 2020, Hyundai submitted a proposal and on October 28, 2020, Hyundai was awarded a Solicitation Contract, Contract#091520-HCE.
311

Staff obtained a quote from Select Equipment for the forklift along with 3-year warranty for a cost of $37,237.49.

Select Equipment is the authorized Southern California dealer for Hyundai Construction Equipment America, Inc (Hyundai). The forklift pricing is based on Hyundai's cooperative purchasing contract with Sourcewell.

CONCLUSION:

With Council approval of the proposed agreement with Select Equipment, the City as a public agency will be able to utilize Hyundai's cooperative agreement with Sourcewell, to purchase directly from Hyundai's authorized dealer, Select Equipment. Delivery of the unit is anticipated by February 2023.

FISCAL IMPACT:

There are funds available in the amount of$55,000 in the FY 2022/23 Public Works budget for this purchase.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-87
Exhibit 2 -Agreement with Exhibits
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 312

RESOLUTION NO. 2022-87

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AN AGREEMENT WITH

SELECT EQUIPMENT FOR THE PURCHASE OF A FORKLIFT
WHEREAS, under Section 3.04.100E of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception when the supplier offers the same or better price, terms and conditions as a supplier offers the lowest responsible bidder under a competitive procurement conducted by another city or public agency; and WHEREAS, Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members; and
WHEREAS, on July 23, 2020, Sourcewell (hereinafter, "Sourcewell") issued a Request for Proposals ("Sourcewell RFP") for Forklifts and Lift Trucks with Related Services (RFP #091520); and
WHEREAS, on September 15, 2020, Hyundai Construction Equipment America, Inc. submitted a proposal; and
WHEREAS, on October 28, 2020, Hyundai was awarded a Solicitation Contract #091520-HCE; and
WHEREAS, Hyundai Construction Equipment America, Inc. sells their products exclusively through a national and international dealer network; and WHEREAS, Select Equipment is Hyundai Construction Equipment America, Inc.'s authorized Southern California dealer; and; and
WHEREAS, the City of Bell Gardens is a member of National Joint Powers Alliance (NJPA) and as member the City is entitled to access competitively bid national contracts; and
WHEREAS, the City of Bell Gardens Public Works Department is in need of a forklift; and
WHEREAS, the City Council finds that the City has complied with the procurement process; and
Exhibit 1 313

Resolution No. 2022-87
WHEREAS, the City desires enter into an agreement with Select Equipment for the purchase of one (1) forklift with 3-year warranty under contract #091520-HCE for the total cost of $37,237.49.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council finds that the City has complied with local, state and federal requirements for procurement as members of National Joint Powers Alliance (NJPA).

SECTION 3. The City Council hereby approves an agreement with Select Equipment for the purchase of one (1) forklift under contract#091520-HCE for the total cost of $37,237.49.

SECTION 4. The City Council further authorizes the City Manager to execute the agreement with Select Equipment consistent with this resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

PASSED, APPROVED and ADOPTED this 22nd August, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
2of3
Exhibit 1 314

Resolution No. 2022-87
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Vanessa Quiroz
City Attorney Acting City Clerk
3of3
Exhibit 1 315

2022

EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Hyundai Forklift)
(Parties: City of Bell Gardens and Select Equipment)
THIS EQUIPMENT PROCUREMENT AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2022 by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and SELECT EQUIPMENT (hereinafter, "Select Equipment"). For the purposes of this Agreement, City and Select Equipment may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Select Equipment interchangeably.

RECITALS
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, City desires to purchase one Hyundai forklift (model 25LC-7A- 57000 lb. capacity) from Select Equipment, whom is the authorized dealer for Hyundai Construction Equipment America, Inc. (Hyundai); and
WHEREAS, per Section 3.04.100(E) (Exceptions) of Chapter 3.04 (Purchasing System) of the Bell Gardens Municipal Code (hereinafter, "Section 3.04.100"), states that the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and WHEREAS, on July 23, 2020, Sourcewell (hereinafter, "Sourcewell") issued a Request for Proposals ("Sourcewell RFP") for Forklifts and Lift Trucks with Related Services (RFP #091520); and
WHEREAS, on September 15, 2020, Hyundai submitted a proposal; and WHEREAS, Hyundai sells their products exclusively through a national and international dealer network; and
WHEREAS, Select Equipment (hereinafter "Select Equipment") is Hyundai's authorized Southern California dealer; and
WHEREAS, on October 28, 2020, Hyundai was awarded a Solicitation Contract ##091520-HCE , (hereinafter Sourcewell Contract); and
WHEREAS, authorized under Section 3.04.100(E) of the Bell Gardens Municipal Code but such to certain terms and conditions set forth, City wishes to avail itself to the opportunity to purchase certain equipment and services that meet the specifications of Exhibit 2 3�6

the Sourcewell Contract at the same unit pricing and rates given to Sourcewell under the Sourcewell Contract; and
WHEREAS, the City as a public agency will be able to utilize Hyundai's cooperative agreement with Sourcewell, to purchase directly from Hyundai's authorized dealer, Select Equipment; and
WHEREAS, City desires to enter into an agreement with Select Equipment for the purchase of one (1) forklift, upon the conditions set forth below.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Select Equipment, as an authorized dealer for Hyundai, agree as follows:

Section 1. DESCRIPTION OF EQUIPMENT AND SERVICES.

A. Subject to all the terms and conditions of this Agreement, Select Equipment agrees to sell and deliver, that certain Forklift and provide a 3-year warranty as described in Select Equipment Quotation #AB 00233 ( the "Quotation") dated August 10, 2022. (A true and correct copy of the Quotation is attached and incorporated hereto as Exhibit "A"). For purposes of this Agreement, the capitalized term "Forklift" shall refer to the forklift listed in the Sourcewell RFP. The unit prices charged by Select Equipment to City for the Forklift listed in the Estimate shall be no greater than the unit prices charged to Sourcewell under the Sourcewell RFP. Except as otherwise provided herein the Forklift shall in all respects meet the specifications for identical Forklift set forth under the Sourcewell RFP and shall be subject to all warranties set forth under the Sourcewell RFP and Sourcewell Contract (Collectively referred to as Sourcewell Documents). A true and correct copy of the Sourcewell Documents are attached and incorporated hereto as Exhibit "B".

B. Select Equipment; performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Select Equipment to complete its delivery and off-loading of the Forklift at the location(s) specified by the City Representatives in a good workmanlike manner. Select Equipment shall not commence the delivery of the Forklift until such time as City issues a written notice to proceed (hereinafter, the "Notice to Proceed") with the delivery, which notice shall specify the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.

C. Select Equipment shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Select Equipment shall, among other things, be responsible for the delivery of the Forklift to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Forklift from Select Equipment's delivery Forklift to the location(s) specified by the City representatives. City shall in no way be responsible for undertaking the delivery of the Forklift with its own personnel or any other contracted third-party, nor shall City be responsible for providing Select Equipment's personnel with Exhibit 2 3�7

training, tools or equipment required to deliver the Forklift. The Forklift shall be delivered to City within one hundred eighty days (180 days) from City's issuance of the written Notice to Proceed.

D. The Forklift shall be subject to inspection by City and may be rejected by City if the Forklift does not meet the specifications called for under this Agreement or is otherwise broken or defective. The Forklift shall be considered accepted upon City's issuance of a written Notice of Acceptance, which shall not be unreasonably withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, CITY may reject, return and demand the replacement of the Forklift which does not meet the required specifications or is broken or defective and the cost of returning and replacing the Forklift shall be borne solely and exclusively by Select Equipment. At City's option, Forklift that is rejected and returned by City shall be promptly replaced by Select Equipment or the cost of such Forklift shall be credited or refunded to City. No payment shall be required until replacement is complete.

Select Equipment shall replace any and all Forklift lost during delivery. Prior to the issuance of such Notice of Acceptance, Select Equipment, at Select Equipment's sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Forklift as may be necessary to ensure that the Forklift will perform in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Forklift will perform in accordance with the established specifications.

E. City's acceptance of the Forklift shall be conditioned upon the final inspection and performance testing of the Forklift by City, as specified under Section 5 of this Agreement, below, to ensure that the Forklift satisfy the requirements of the City and is capable of performing in accordance with performance standards set forth in the specifications of the Sourcewell RFP. City reserves the right to direct to replace, at no additional cost to City, any Forklift which are determined to be damaged, defective or other non-compliant with such specifications.

F. Coordinated delivery of Forklift will take place during the standard business hours.

G. Risk and Title. Select Equipment shall bear risk of loss of the Forklift, including any damage sustained during transportation to the delivery site. Risk in the Forklift shall pass to City upon delivery. Transfer of title to Forklift shall pass to City upon payment. Nothing in this subsection shall operate to restrict, limit or modify; (i) the right of City to reject or withhold acceptance of any Forklift that are damaged, defective or which otherwise fails to meet the specifications called for herein; or (ii) the right of City to purse any other remedies under this Agreement in the event the Forklift are defective or fails to meet specifications or upon Select Equipment's breach of any ongoing duties or obligations set forth under this Agreement.

Section 2. STANDARD OF CARE.

A. Select Equipment represents, acknowledges and agrees as follows:

Exhibit 2 3)8

1. Select Equipment shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the Select Equipment's field;

2. Select Equipment shall perform all work in a manner reasonably satisfactory to the City;

3. Select Equipment shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);

4. Select Equipment understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance;

5. All of Select Equipment's employees and agents (including but not limited to Select Equipment's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and

6. All of Select Equipment's employees and agents (including but not limited to Select Equipment's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.

The Parties acknowledge and agree that Select Equipment's acceptance of any work performed by or on Select Equipment's behalf shall not constitute a release of any defects or damage to the Forklift undetectable or otherwise unknown to City at the time of acceptance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Select Equipment, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.

Section 3. REPRESENTATIVES
A. City Representative. For the purposes of this Agreement, the Agreement administrator and City's representative shall be Grissel Chavez, Director of Public Works and her designee (hereinafter, the "City Representative"). It shall be Select Equipment's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and Select Equipment shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the Exhibit 2 A 9

approval of the City Representative.

B. Select Equipment Representative. For the purposes of this Agreement Larry Griffith, Director of Sales, is hereby designated as the principal and representative of Select Equipment authorized to act on its behalf with respect to Select Equipment's performance under this Agreement and to make all decisions in connection therewith (the "Select Equipment Representative"). Notice to the Select Equipment Representative shall be written to constitute notice to Select Equipment.

Section 4. SELECT EQUIPMENT'S PERSONNEL
A. Select Equipment represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such services will be performed by or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.

B. Select Equipment shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.

D. Select Equipment shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.

E. Permits and Licenses. Select Equipment shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.

Section 5. TESTING AND INSTRUCTION ON OPERATION AND MAINTENANCE City's personnel in coordination with Select Equipment's personnel shall have a period of thirty (30) calendar days from the date the Forklift is delivered to run performance tests of the Forklift in order to determine whether or not the Forklift meet specifications, are not damaged and are functioning properly. Select Equipment, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on the property operation and maintenance of the Forklift and shall supply City with true and correct copies of all technical specifications, operating manuals and Exhibit 2 ho

other materials relating to the maintenance, upkeep and operation of the Forklift. The foregoing shall be in addition to and not in lieu of any training program specified under the Sourcewell RFP. Unless otherwise notified in writing, the Forklift shall be deemed accepted following the end of the 30-day testing and instruction period. City's issuance of notification of conditions, circumstances or other factors which make the City unwilling to accept the Forklift shall toll, the expiration of the 30-day testing and instruction period as to all Forklift.

Section 6. WARRANTIES
Select Equipment shall extend to City all such warranties for the Forklift provided to Sourcewell under the Sourcewell RFP and Sourcewell Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section C of the Sourcewell RFP and Section B of the Sourcewell Contract.

Section 7. COMPENSATION
A. Compensation for Forklift. Select Equipment shall sell and deliver the Forklift and provide a 3-year warranty as referenced in the Quotation at unit pricing that is no greater than the unit pricing provided to Sourcewell for identical equipment under the Sourcewell Documents. The foregoing notwithstanding, in no event may Select Equipment's total aggregate compensation for the sale and delivery of the Forklift and 3-year warranty exceed the aggregate sum of THIRTY-

SEVEN THOUSAND TWO HUNDRED THIRTY SEVEN DOLLARS AND FORTY- NINE CENTS ($37,237.49) (the "Not-to-Exceed Amount").

Section 8. PROHIBITED INTERESTS
Select Equipment warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Select Equipment, to solicit or secure this Agreement. Further, Select Equipment warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Select Equipment, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 9. INDEPENDENT CONTRACTOR
Select Equipment will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of City and shall not and is not intended to create the relationship of partnership, joint venture or Exhibit 2 h1

association between City and Select Equipment.

Section 10. RECORDS AND INSPECTION
Select Equipment shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. City shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. This right inspection shall not extend to the makeup of lump sum prices, day rates, or profit margins.

Section 11. CONFLICTS OF INTEREST
Select Equipment hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with in connection with this project. Select Equipment hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance, state law or federal statute. Select Equipment agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that executes in connection with the performance of this Agreement.

Section 12. INDEMNIFICATION
Select Equipment shall indemnify, defend and hold harmless the City, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action and to the same extent afforded the Sourcewell, Sourcewell's officials, commissioners, officers, agents, employees and volunteers.

Section 13. INSURANCE
Select Equipment shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under Section 20 of the Sourcewell Contract.

Section 14. MUTUAL COOPERATION
A. City shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of Select Equipment services.

B. In the event any claim or action is brought against City relating to Select Equipment performance in connection with this Agreement, Select Equipment shall render any reasonable assistance that City may require.

Exhibit 2 Y22

Section 15. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE A. Termination for Convenience. Prior to the issuance of City's written Notice to Proceed, City may immediately terminate this Agreement, inclusive of the purchase of the Forklift, without cause, without liability and free of any charge or cost to City. After the City's issuance of a written Notice to Proceed, City may immediately terminate this Agreement for convenience and without cause. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination. Select Equipment may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City's termination of this Agreement for convenience, Select Equipment shall be compensated for such Forklift delivered to and accepted by City and for such services performed up to the effective date of the termination.

B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 15(C) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) Select Equipment's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) Select Equipment's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Select Equipment, whether voluntary of involuntary; (iv) Select Equipment's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) City's discovery that a statement representation or warranty by relating to this Agreement is false or erroneous in any material respect.

C. Select Equipment shall cure the following Events of Defaults within the following time periods:

obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10-day cure period, Select Equipment may submit a written request for additional time to cure the Event of Default upon a showing that it has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 10-day cure period; or

If an Event of Default relates to a material falsehood or misrepresentation set forth in the Forklift specifications that is not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.

D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within forty-five (45) calendar days of Select Equipment's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45- day cure period. The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to shall be cured by City within thirty (30)calendar days from the date of Select Equipment's Default Notice to City.

E. City, in its sole and absolute discretion, may also immediately suspend Select Equipment's performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Select Equipment's cure of any Event of Default by giving written notice of City's intent to suspend Select Equipment's performance (hereinafter, a "Suspension Notice").

City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Select Equipment shall be compensated only for those services and tasks which have been rendered by to Exhibit 2 A4

the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.

1. Upon written notice to Select Equipment, the City may immediately terminate this Agreement in whole or in part;

2. Upon written notice to Select Equipment, the City may extend the time of performance;

3. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Select Equipment's breach of the Agreement, obtain specific performance from Select Equipment or to terminate the Agreement; or

4. The City may exercise any other available and lawful right or remedy.

H. In the event City is in breach of this Agreement, Select Equipment's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to under this Agreement for completed services and tasks. In no event shall Select Equipment be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.

Section 16. FORCE MAJEURE
Select Equipment shall not be liable for any failure to perform if presents acceptable evidence, in City's reasonable judgment, that such failure was due to causes beyond the Exhibit 2 195

control and without the fault or negligence of Select Equipment. In the event that a FORCE MAJEURE event materially increases the Select Equipment's costs of performance hereunder then City shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by Select Equipment's insurances.

Section 17. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a)the day of delivery if delivered by hand or overnight courier service during Select Equipment and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to SELECT EQUIPMENT:

City of Bell Gardens Select Equipment
7100 S. Garfield Avenue 6911 8t" Street, Buena Park CA 90620 Bell Gardens, CA 90201 Attn: Larry Griffith, Director of Sales Attn: Grissel Chavez, Director of Public Phone: (714) 822-0351 Works
Section 18. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

Section 19. PROHIBITION AGAINST ASSIGNMENT
Select Equipment shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, which shall not be unreasonably withheld or delayed and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Select Equipment.

Section 20. ATTORNEY FEES
In the event that City or Select Equipment commences any legal action or proceeding to Exhibit 2 i�6

enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.

Section 21. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between City and Select Equipment with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both City and Select Equipment.

each party have been fulfilled to provide such actual authority.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

CITY OF BELL GARDENS SELECT EQUIPMENT
By: By:

Michael B. O'Kelly, City Manager
Date: Date:

Approved as to form-
By-
Rick Olivarez, City Attorney
Exhibit 2 i�9

EXHIBIT "A"

QUOTATION
Exhibit 2 ii0

aUPMET._
SELEcT
A,,,,, HYUNDA1

MATERIALHANDLING

QUOTATION
Attention: Rick Moreno Date: 8/10/2022
City of Bell Gardens *Due to current fluctuations in the market with supply 8327 Garfield Ave chain issues all prices subject to change without notice.

Bell Gardens , CA 90201 Quotation: AB 00233 (562)806-7770 Prepared By: Aaron Beltran
Direct Phone: (714)822-9347
Email: [email protected]
i i Engine:

Hyundai L4KB 2.4 L engine: 59hp @ 2,300rpm, EPA/CARB Tier IV Final Compliant Powertrain:

Single speed transmission
Wet disc brakes
Cushion Drive Tires and Steer Tires ll��
Hydraulic system:

Power steering
3rd spool valve and lever
Levers on bonnet
Adjustable steering handle angle "
Electrical system:

Instrument panel
Back up alarm
OPSS
Front lights
Rear combination lights .:µ
Rear handle with horn switch
OHG and Others:
82" height OHG
Rear view mirror
Grammer full suspension seat with orange seat belt
Swing out LP tank bracket
Select Equipment Sales, Inc.

Exhibit 2 Buena Park Santa Ana 331 Ontario Bakersfield 1-800-788-7869 ,,,,A.....sellecter� ,iill ,lnl, ,urn ;; , inl Page 1 of 4

Category Detail
Mast 3 Stage Full Free LH 185" OALH 84"
Attachment Hyundai Sideshifter
Carriage 41.2" Hook Carriage with Backrest
Forks 47.2"x 1.8"x 3.9"
Hydraulic Hosing Internal Hosing for 4th Valve
Hydraulic Control Valve 4th Spool Valve with Lever
Overhead Guard Flat Bar Top
Operator Seat Standard without Seat Belt Interlock Tires Cushion Drive Tires and Steer Tires
LP Tank Bracket Swing Out LP Bracket
Warning Device Light Amber LED Strobe
Warranty 36 Months/4,000 hours Standard Warranty Select Equipment Sales, Inc.

Exhibit 2 Buena Park Santa Ana 3320ntario Bakersfield 1-800-788-7869 W. ellc teq ,ii lni, ,urn ;; , in Page 2 of 4

Hyundai Model 25LC-7A Pricing: $27,363.00 Freight In: $ 3,500.00
Local Prep and Delivery: $ 1,500.00
Sourcewell Contract#091520-HCE Pricing: $ 32,363.00 Sales Tax For Bell Gardens @ 9.5%: $3,074.49 Total including TAX: $35,437.49
Planned Maintenacne Standard Service: $1,800.00
Inlcudes-4 service per year for the 3 year warranty period at which point customer can renew Or cancel.Rate is$99.00flat rate labor+parts and fess.

Total Flate rate for City of Bell Gardens-$150.00/service.

Total Inlcude Service program: $37,237.49
QTY:

Estimated Lead Time: Jan 2023
10%Due Down on Order
Finance Options:

Fair Market Value Lease Option, 60 months - (0—2000 Hrs/yr)- $479.00/mo. + Tax ea._ Lessee my purchase the equipment at the end of the lease period at the fair market value.

Full Payout Lease Option ($1 option), 60 months- $622.00/mo. + Tax ea._ Lessee will own the equipment at the end of the lease period. `All rates and quotations subject to credit approval and lease terms and conditions.A down payment may be required. $175 doc fee not included.

City of Bell Gardens Select Equipment
Authorized agent understands and agrees to the Terms and Conditions as included with this Quote Authorized Agent Signature Authorized Agent Signature Date Signed Date Signed
Aaron Beltran
Printed Name Printed Name
Account Manager
Title/Position Title/Position
Customer Purchase Order Number
Please consult with your accountant, tax professional or equivalent to confirm characterization of equipment and tax implications. Other financing options and terms maybe available(including financing sales tax). Please consult with your product specialist representative for additional financing options.

Select Equipment Sales, Inc.

Exhibit 2 Buena Park Santa Ana 3330ntario Bakersfield 1-800-788-7869 w ellecte ,ii lni, ,urn ;; , inl Page 3 of 4

rrrrrrri'
j
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//;t:/r, % „err;, ', E'• � ;,;,, % ,";, ;,,,„,,.,,, b / :/ ::/ ❑ TM&R — TOTAL MAINTENANCE & REPAIR Initial QTY: Electric/Internal Combustion (0—2000Hrs/yr) $195.00/mo. ea.

Assumes Normal/Clean operation. Subject to Application Survey. ❑ PM — PLANNED MAINTENANCE STANDARD SERVICE Initial QTY: Electric/Internal Combustion (0—2000Hrs/yr) $99.00/ea.

Assumes Normal/Clean operation. Subject to Application Survey.

You May Also Need:
• New WLX45S Electric Pallet Jack $5650.00 ea.

LIMITED TIME OFFER
• New Manual Pallet Jack 5,500 lb. capacity $ 499.00 ea. • Operator Safety Training $125.00 per student We also buy: used forklifts, used batteries and chargers, dock equipment, yard ramps and pallet rack.

Thank you for your business!
Select Equipment Sales, Inc.

Buena Park Santa Ana Ontario Bakersfield
1-800-788-7869 A ww.sellecteq,u ,i roil„ ii , .; inij Page 4 of 4 Exhibit 2 334

EXHIBIT "B"

SOURCEWELL DOCUMENTS
Exhibit 2 M5

f
4i" U
`uoulll CE:

RFP #091520

REQUEST FOR PROPOSALS
for
Forklifts and Lift Trucks with Related Services
Proposal Due Date: September 15, 2020, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Forklifts and Lift Trucks with Related Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [hops broportal.sourcewell-mn.gov1. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 15, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered.

Solicitation Schedule
Public Notice of RFP Published: July 23, 2020
Pre-proposal Conference: August 12, 2020, 10:00 a.m., Central Time Question Submission Deadline: September 8, 2020, 4:30 p.m., Central Time Proposal Due Date: September 15, 2020, 4:30 p.m., Central Time Late responses will not be considered.

Opening: September 15, 2020, 6:30 p.m., Central Time ** **SEE RFP SUB-SECTION V.G."OPENING'
Rev.2/2020 Sourcewell RFP#091520
Forklifts and Lift Trucks with Related Services

Page 1 ends

Bell Gardens City CouncilAugust 22, 2022

Bell Gardens City Council
August 22, 2022